COUNCIL AGENDA
Ordinary Council Meeting
29 April 2020
You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the online on Wednesday, 29 April 2020 commencing at 6.00pm.
Liverpool City Council Meetings are livestreamed onto Council’s website and remain on Council’s website for a period of 12 months. If you have any enquiries, please contact Council and Executive Services on 8711 7584.
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Kiersten Fishburn
CHIEF EXECUTIVE OFFICER
Order of Business
PAGE TAB
Acknowledgment of Country and Prayer
Apologies
Condolences
Confirmation of Minutes
Ordinary Council Meeting held on 25 March 2020................. 7
Extraordinary Council Meeting held on 16 April 2020.......... 60
Declarations of Interest
Public Forum
Mayoral Report
NIL
Notices of Motion Of Rescission
NIL
Chief Executive Officer Report
CEO 01 Draft Privacy Policy - recommendations for amendment by Information and Privacy Commission.................................................................................................... 72 1
CEO 02 Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting........................................................................................................... 74 2
CEO 03 Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993................................................................................................................ 80 3
City Economy and Growth Report
EGROW 01 LEP Review: Public Exhibition of draft Local Housing Strategy, draft Centres and Corridors Strategy & draft Industrial and Employment Lands Strategy........................................................................................................... 83 4
EGROW 02 Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting........................................................................................................... 93 5
EGROW 03 Draft Amendment to Liverpool Development Control Plan 2008 - Part 1 General Controls (Chapter 26 Outdoor Advertising and Signage)....................................................................................................... 108 6
EGROW 04 Draft Amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions for complying development certificates..................................................................................................... 113 7
EGROW 05 Draft Amendment 1 to Liverpool Contributions Plan 2018 – Existing Areas - Instalment Payments for Secondary Dwellings...................................................................................................... 120 8
EGROW 06 Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons........................................................................................................ 124 9
EGROW 07 Street Naming Request - Edmondson Park............................................................................................................... 134 10
EGROW 08 Post Exhibition Report - Draft Liverpool Development Control Plan 2008 (Amendment 25)................................................................................................................. 138 11
EGROW 09 Out of Office Hours Compliance Officers......................................................................................................... 143 12
City Community and Culture Report
COM 01 Alcohol Free-Zones in the Liverpool Local Government Area.............................................................................................................. 147 13
COM 02 Community Development and Planning Committee Charters........................................................................................................ 152 14
COM 03 Response to NOM 2 - Ferrington Park............................................................................................................... 207 15
City Corporate Report
CORP 01 Car parking options within 100 metres of Liverpool train station........................................................................................................... 214 16
CORP 02 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society.......................................................................................................... 217 17
CORP 03 Investment Report February 2020.............................................................................................................. 245 18
CORP 04 Amendment to Councils Investment Policy............................................................................................................ 255 19
CORP 05 Investment Report March 2020.............................................................................................................. 257 20
City Presentation Report
NIL
City Infrastructure and Environment Report
INF 01 Upgrades to Whitlam Leisure Centre........................................................................................................... 268 21
INF 02 Roads in Middleton Grange and Western Sydney Parklands...................................................................................................... 271 22
INF 03 Conservation of Koala Habitat Corridors....................................................................................................... 274 23
INF 04 Animal Holding Facility........................................................................................................... 278 24
Committee Reports
CTTE 01 Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020.............................................................................................................. 284 25
CTTE 02 Liverpool Sports Committee Minutes of meeting held 5 March 2020.............................................................................................................. 291 26
CTTE 03 Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and Minutes of the Liverpool Youth Council meeting held on 4 March 2020.............................................................................................................. 301 27
CTTE 04 Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020.............................................................................................................. 313 28
CTTE 05 Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020.............................................................................................................. 318 29
CTTE 06 Minutes of the Tourism and CBD Committee meeting held on 11 February 2020.............................................................................................................. 331 30
CTTE 07 Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020.............................................................................................................. 338 31
CTTE 08 Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020.............................................................................................................. 378 32
CTTE 09 Minutes of Budget Review Panel 20 March 2020.............................................................................................................. 392 33
Questions with Notice
QWN 01 Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure................................................................................................... 404 34
QWN 02 Question with Notice - Clr Balloot - Forum - National Redress Scheme of survivors of institutional child sexual abuse............................................................................................................ 414 35
QWN 03 Question with Notice - Clr Balloot - Coronavirus (COVID-19)................................................................................................................. 416 36
QWN 04 Question with Notice - Clr Hagarty - Brontos......................................................................................................... 417 37
QWN 05 Question with Notice - Clr Shelton - Event Cancellations................................................................................................ 419 38
QWN 06 Question with Notice - Clr Balloot - Civic Place............................................................................................................. 422 39
QWN 07 Question with Notice - Clr Hadchiti - Trees............................................................................................................. 424 40
Presentations by Councillors
Notices of Motion
NOM 01 Wildlife Protection Special Levy.............................................................................................................. 425 41
NOM 02 Animal Shelter.......................................................................................................... 429 42
NOM 03 Economic Development Committee Meetings....................................................................................................... 430 43
Council in Closed Session
The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:
CONF 01 Independent Members of the Audit, Risk and Improvement Committee Term of Office Extension
Reason: Item CONF 01 is confidential pursuant to the provisions of s10A(2)(a) (d i) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors); AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
CONF 02 Acquisition - Clermont Park, Lot 4601 in DP 1248502 - Edmondson Park, for open space purposes
Reason: Item CONF 02 is confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
Order of Business
CONF 03 Hammondville Park Leisure Precinct
Reason: Item CONF 03 is confidential pursuant to the provisions of s10A(2)(c) (d i) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
CONF 04 Acquisition of Lot 1046 DP2475 and being 255 Sixth Avenue, Austral
Reason: Item CONF 04 is confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
CONF 05 Legal Affairs Report - 1 January 2020 to 31 March 2020
Reason: Item CONF 05 is confidential pursuant to the provisions of s10A(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.
CONF 06 Tender WT2892 - Phillips Park Redevelopment
Reason: Item CONF 06 is confidential pursuant to the provisions of s10A(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.
CONF 07 Lurnea Council property - proposed sale
Reason: Item CONF 07 is confidential pursuant to the provisions of s10A(2)(c) (d ii) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.
Close
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MINUTES OF THE Ordinary Meeting
HELD ON 25 March 2020
PRESENT VIA VIDEO CONFERENCING:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Ms Kiersten Fishburn, Chief Executive Officer
Dr Eddie Jackson, Director City Community and Culture
Mr David Smith, Acting Director City Economy and Growth
Mr George Hampouris, Acting Director City Corporate
Mr Peter Patterson, Director City Presentation
Mr Raj Autar, Director City Infrastructure and Environment
Mr Andrew Stevenson, Chief Strategy and Engagement Officer
Mr Vishwa Nadan, Chief Financial Officer
Ms Tina Sangiuliano, Strategic Organisational Change Manager
Mr John F Morgan, Director Property & Commercial Development
Ms Elizabeth Espinosa, General Counsel Manager Governance Legal
Mr David Maguire, Internal Ombudsman
Mr George Georgakis, Manager Council and Executive Services
Ms Maree Stewart, Coordinator Council and Executive Services (minutes)
The meeting commenced at 6.02pm
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The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being recorded and will be on the website later this week. |
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ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY |
The prayer of the Council was read by the Chief Executive Officer, Ms Kiersten Fishburn. |
APOLOGIES
Nil
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CONDOLENCES |
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Mrs Pamela Short (read by Mayor Waller)
Tonight, we pause to remember one of Liverpool's most accomplished daughters.
Pamela Kay Short was born on 22 February 1947 at Crown Street Women's Hospital, the first child of Phoebe and Noel Short, a former Mayor of Liverpool. She grew up at Yarrara Road, Hoxton Park on family acres.
She went to Hoxton Park Primary School where her lifelong passion for reading ignited. She graduated from Liverpool High School. Popular, she loved art and English and playing basketball.
Pam’s intellect, even then, was remarkable. Her independent streak first showed when Pam was 17. She won a radio station contest, and without telling her parents, headed to the big smoke to see her beloved Beatles at the Sydney Stadium at Rushcutters Bay.
Despite the long commute, Pam's first job was at an accountancy firm in the city. She was determined to be financially independent and have her own voice.
Later in the 1960s, she joined Viscount Caravans at Milperra as a secretary. It gave her experience in all aspects of a business; skills she would find invaluable in the future. She even featured in advertising for the brand.
A short time later she married John Cornish, the Austral son of chook farmers Harold and Una. Their daughter Tania was born in 1970 and their son Brett in 1972.
Pam and John were a formidable team, prospering in business. They took risks and reaped the rewards.
Their companies built thousands of homes for people who made the Liverpool area their home, shopping and industrial centres.
The Cornish family has a great love of thoroughbred horse breeding and racing. Their Torryburn Stud in the Hunter Valley is a landmark in the industry.
Pam and John played a significant part in enticing William Inglis & Son to move their bloodstock operations from Randwick, which they established in 1906, to Warwick Farm.
When diagnosed with breast cancer, Pam remained practical and courageous. She never complained about her situation and was compassionate and giving to others before herself.
To her family and her parents, former Liverpool Mayor Noel Short and his wife Phoebe, our Council expresses its sincere condolences.
May she rest in peace.
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COUNCIL DECISION
Motion: Moved: Mayor Waller Seconded: Clr Shelton
That Council writes to Pamela Short’s family to express our condolences for their loss.
On being put to the meeting the motion was declared CARRIED. |
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CONFIRMATION OF MINUTES
Motion: Moved: Clr Shelton Seconded: Clr Hadid
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That the minutes of the Ordinary Meeting held on 26 February 2020 be confirmed as a true record of that meeting. |
On being put to the meeting the motion was declared CARRIED.
DECLARATIONS OF INTEREST
Clr Hadchiti declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Hadchiti holds a NSW Real Estate Licence (Corporate & Individual). Both item NOM 01 and NOM 04 call for real estate agents to be banned from running for Civic Office. Clr Hadchiti made the decision in December 2019 that he will not be standing for Civic Office after this term of Council and therefore the items will have nil effect on him.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
Clr Hagarty declared a non-pecuniary, less than significant interest in the following item.
Item: ........ QWN 04 Question with Notice - Clr Rhodes - Liverpool Community Hub
Reason: Clr Hagarty is the chairperson of the Liverpool Community Hub.
Clr Hagarty remained in the room for the duration of the item.
Clr Hagarty declared a pecuniary interest in the following item:
Item: ........ NOM 04 Ban on Prohibited Donors
Clr Hagarty is a staff member of a Member of Parliament.
Note: Item NOM 04 was withdrawn and not dealt with at this meeting.
Clr Hagarty, Clr Kaliyanda and Clr Shelton declared a non-pecuniary, less than significant interest in the following item:
Item: CORP 01 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society
Reason:.... Clr Hagarty, Clr Kaliyanda and Clr Shelton are Ordinary members of the City of Liverpool and District Historical Society.
Note: Item CORP 01 was deferred to the April 2020 Council meeting.
Clr Karnib and Clr Balloot joined the meeting at 6.09pm
Clr Kaliyanda declared a non-pecuniary, less than significant interest in the following item:
Item: ........ NOM 04 Ban on Prohibited Donors
Reason:.... Clr Kaliyanda has previously been a candidate for state and federal parliament.
Note: Items NOM 04 was withdrawn and not dealt with at this meeting.
Clr Ayyad declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Ayyad’s husband holds a NSW Real Estate licence but does not currently work as a real estate agent.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
Clr Balloot declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Balloot holds a NSW Real Estate Licence but has never worked as a real estate agent.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
PUBLIC SUBMISSIONS
Written submissions for items not on agenda
1. Mr Erik Rakowski from RAID Moorebank made a written submission to Council on the following matter:
Funding for appeal proceedings.
This submission has been circulated to Councillors.
Written submissions for items on agenda
1. Ms Fiona Macnaught made a written submission to Council on the following item:
NOM 03: Save Liverpool Animal Shelter
This submission has been circulated to Councillors.
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Mayoral Minute
SUBJECT: Council’s response to Novel Coronavirus (COVID-19) REPORT OF: Mayor Wendy Waller ITEM NO: MAYOR 01
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Liverpool City Council is closely following information provided by the NSW and Australian Governments about novel coronavirus (COVID-19) and as the situation evolves, continues to share updates with Council staff and the wider community.
Following directives of the Australian and NSW Governments, Council’s Critical Incident Response Team has acted quickly to make changes to Council services and facilities to ensure the health and wellbeing of Council staff and community members.
Many Council departments have been split into smaller teams, each working at a different office or home location to minimise close contact with one another and ensure Council is equipped to continue serving the community. Staff have been provided with tools and resources to continue working effectively from their allocated location.
At this stage, Council’s Customer Service Centre, Casula Powerhouse Arts Centre, all Liverpool City Library branches, Liverpool Regional Museum, Council-owned leisure and recreation centres, Liverpool Animal Shelter and the Community Recycling Centre have been closed to the public until further notice.
Council’s public events have been postponed indefinitely, all casual hire of community facilities has been suspended and there are restrictions on the use of Council parks and sporting grounds. Council has also suspended bulk rubbish household collections for the time being.
Council continues to receive and respond to customer requests lodged online or over the phone. Council will continue kerbside waste collection and its early learning and childcare centres remain open.
This information and future changes, pending requirements set out by the Australian and NSW Governments, will continue to be communicated to the community.
Council staff continue to investigate ways Council can support and keep connected with the wider community during these unprecedented times.
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Motion: Moved: Mayor Waller
That Council:
1. Thank Council staff for their speedy and effective response to the challenges of novel coronavirus (COVID-19);
2. Waive the following fees: · Outdoor Café permit; and · Parking in Warren Service Way for essential workers on available spaces;
3. Contact state government and request they waive their parking fees at the Liverpool Hospital carpark; and
4. Consider waiving any previously outstanding amounts for Outdoor Café permits.
On being put to the meeting the motion was declared CARRIED. |
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MOTION OF URGENCY
ITEM NO: MOU 01 SUBJECT: Approval to provide funding for RAID Moorebank Class 1 merits appeal
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The Chairperson accepted the motion as urgent.
Approval to provide funding for RAID Moorebank Class 1 merits appeal as resolved by Council on the 5 February subject to conditions and again on the 26 February 2020. On a matter of urgency to address matters not covered in the 26th February Motion and in order to meet allocated court dates.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes
That Council:
1. Continue to act on its promise and duty to do all it can to protect the safety and minimise any negative impacts the Intermodal may have on its ratepayers;
2. Notes that approval to provide funding up to $300,000 to RAID Moorebank Inc to execute a Class 1 merits appeal was approved by this council on the 5 February subject to due process and again on the 26 February 2020;
3. Notes that there were no submission received against Council funding the litigation from the Community and that 28 submissions were received in support of the Council providing Funding at the conclusion of the exhibition period in accordance to the public exhibition requirements contained in s.356 of the Local Government Act 1993;
4. Notes that the case outline provided via letter from RAID Moorebank Inc's instructing solicitor is founded on advice from senior counsel. The letter received by Council reconfirms the conditions place on the provision of funding that was discussed at the February 25 meeting included advice that; a) the basis of challenge is on matters of Air Quality and Traffic Issues; b) and costs for expert witnesses of between and up to $30,000 - $50,000 which is necessary to provide an outline of Case prospects; and c) the Total costs for litigation to be up to $300,000;
5. Council acknowledges having previously agreed to Council funding of between $30,000 to $50,000 in order to provide expert advice outlining case prospects during discussions at the Council meeting 25 February, and reconfirms to direct the CEO to make necessary arrangements for any such payment of invoices upon presentation;
6. Allocate an amount of up to $50,000 from the approved $300,000 to allow the collation of expert advice which will inform the prospects of success of the case;
7. Notes that a legal report will be provided outlining the case prospects from expert witnesses and pending that report, Council may further agree to allocate the financial amount of up to $300,000 in total so as to fund legal fees and disbursements and expert witness costs relating to the Class 1 Appeal in the NSW Land and Environment Court by RAID Moorebank Inc., subject to presentation of invoices; and.
8. Directs the CEO to urgently write to Woolf Associate Solicitors confirming the Council resolution to make such funds available in such a timely manner to meet dates designated by the court.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton voted against the motion.
BACKGROUND
As advised by Mr Rakowski, the matter of funding as previously approved by Council has now become urgent in order to meet the Court date of 4 April 2020.
Council resolved on the 5 and 25 February to provide funding to RAID Moorebank Intermodal Inc in order to execute a Class 1 Merits appeal to protect the safety and minimise the negative impacts on the residents of Liverpool.
We note the letter from the instructing Solicitor failed to be delivered to Councillors before the Council Meeting 26 February, and that greater clarity in the motion provided in CORP 06 was necessary to initiate action in accordance with the resolution of Council.
We appreciate Mr Rakowski, has now presented to all Councillors all documentation in the interest of explanation and transparency.
We note that all information is now before all Councillors so they can understand the urgency to have this matter resolved in a manner that will deliver the funding of legal matters as agreed.
We note that the documentation provided by Mr Rakowski confirms the verbal account of the matters addressed at the February 26 meeting in regard to the conditions place upon the approval of funding in that the case basis is acknowledged as that of Air Quality and Traffic issues all costs are confirmed, the need to engage expert advice on the prospects of the case, together with that cost being as stated at the February 25 meeting being between $30,000 and $50,000.
Councillors have voted in a majority on two separate occasions to fund litigation proceedings in order to mitigate on behalf of the safety and wellbeing of Liverpool residents.
We apologise that the wording of the previous motion CORP 06 did not address all matters in such a way to make clear the intention of the resolution made by Councillors at the February 25 meeting and ask that Councillors reconfirm their resolution to fund the litigation against the Moorebank Intermodal by passing the above motion.
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ITEM NO: CEO 02*
FILE NO: 054926.2020
SUBJECT: Motions for 2020 National General Assembly of Local Government
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
Endorse the officer amendments to the motions as outlined in the report to be submitted to the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting, subject to the following amendment to Proposed Motion iii)(a) Sustainable Housing Development so that it reads:
Foreshadowed motion: Moved:
Clr Rhodes Seconded:
Clr Harle Endorse the officer amendments to the motions as outlined in the report to be submitted to the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting.
On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) lapsed.
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Clr Kaliyanda left the room at 6.44pm.
Clr Kaliyanda returned to the meeting at 6.45pm.
City Economy and Growth Report
ITEM NO: EGROW 11*
FILE NO: 069170.2020
SUBJECT: Adoption of Liverpool Local Strategic Planning Statement
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COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Does not amend the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map so that the clause remains unchanged and reads:
“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to B4.”
2. Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required; and
3. Subject to receiving a formal letter of support from the Greater Sydney Commission (GSC), delegates authority to the CEO to adopt the LSPS, in accordance with Section 3.9(3A) of the Environmental Planning & Assessment Act 1979.
Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda
That Council:
1. Amends the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map to read:
“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to a mix of uses, including B4.”
2. Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required;
On being put to the meeting the motion (moved by Clr Rhodes) was LOST.
Vote for: Clr Harle, Clr Rhodes. Vote against: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda, Clr Shelton.
The Foreshadowed motion (moved by Clr Hagarty) then became the motion and on being put to the meeting was declared CARRIED.
Vote for: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda. Vote against: Clr Harle, Clr Rhodes, Clr Shelton.
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City Community and Culture Report
ITEM NO: COM 01*
FILE NO: 018356.2020
SUBJECT: Grants, Donations and Corporate Sponsorship
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes
That this item be deferred until the applicants can be contacted and projects can be assessed with the current COVID-19 issues in mind and a report brought back to Council.
On being put to the meeting the motion was declared CARRIED.
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Questions with Notice
ITEM NO: QWN 01
FILE NO: 049226.2020
SUBJECT: Question with Notice - Clr Rhodes - Public Art for New Civic Centre
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At a recent Art exhibition by local artists held at CPAC, there were a number of paintings based on the theme “The History of Liverpool”. It would be an opportunity for Council to support both local artists and provide appropriate art in the new Civic Centre.
Question
Could paintings be nominated by the public for possible purchase by Council to be hung in the new Civic Centre once it is built?
Response
Council acquires artwork for the Collection via the following prizes which are currently budgeted for: · $5,000.00 Liverpool City Council Overall Winner Prize from the annual Liverpool Art Society Exhibition and Prize. · $3,000.00 Mayor’s Choice Award from the annual Mil-Pra AECG Prize. · $2,000.00 Maria Lock Award from the annual Mil-Pra AECG Prize. · $5,000.00 Blake Emerging Artist Award (every second year).
The winners of each of these go into the collection and there is currently no further acquisition budget.
To purchase artworks outside of these prizes (for example from the ANZ History Prize) would require a new initiative to acquire funds to cover the sale price of the artwork.
Additionally, any artwork or asset acquired by Council needs to be acquired under set criteria, be approved by a Manager with appropriate delegation and be managed within a collection plan.
Any artworks to be displayed in the new Civic Centre would need to have longevity: be secure from theft, be easily maintained and conserved and be constructed with materials and media durable enough to withstand long-term display in a non-gallery environment.
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ITEM NO: QWN 02
FILE NO: 049231.2020
SUBJECT: Question with Notice - Clr Rhodes - Seniors Community Consultation
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Council recently identified the concerns seniors identified having a healthy, mind, body and feeling safe as what matters most to them and that Council will be considering policies and strategic directions towards creating and age-friendly City.
Questions
1. When will Council be presenting policies to deliver an Age Friendly City?
2. Will there be a specific Council workshop through which Councillors and Community are invited to participate?
Response
In November 2019, Council staff conducted community consultation with local seniors who attended the Liverpool Seniors Concerts. Over 900 senior community members attended these concerts over two days and identified the key concerns of having a healthy mind and body and feeling safe as they age in Liverpool.
In December 2014, Council joined the World Health Organisation (WHO) Global Network of Age-Friendly Cities and Communities (GNAFCC). This network strives to create urban environments that foster healthy and active ageing and the wellbeing of older people. Being part of this global network gives Council the opportunity to: · Link with participating cities and share information, expertise and technical assistance; · Facilitate the exchange of information and best practice with participating cities; · Provide programs that are sustainable and cost-effective for improving the lives of older people; and · Promote and brand Liverpool as a centre for business and services that cater to the needs of older community members.
The Community Development team is currently investigating the process of renewing this membership with a view to this being achieved by December 2020. Councillors will be invited to provide direction on outcomes and programs to meet Liverpool’s ageing population.
A number of existing Council strategies incorporate actions which address the needs identified by seniors as being important to them:
· The Disability Inclusion Action Plan considers the need for inclusiveness and accessible public spaces and activities for community members who require additional support to access their community. · The Community Safety and Crime Prevention Strategy and Action Plan also addresses the need of older people to feel safe by including actions which encourage the delivery of community health and wellbeing projects specifically targeted to older residents. This include programs which address fall and trip injuries. · The Liverpool City Centre Public Domain Masterplan outlines that Liverpool will provide inclusive places for all people, ensure spaces are accessible for all, and provide places that will allow programs to support healthy living. This plan is informed by Council’s Community Strategic Plan, which emphasises the importance of providing access and equity to all community members, including seniors.
As co-convenors of the South West Sydney Ageing and Disability Forum (SWSADF), Council will continue to work closely with relevant community groups and organisations to support programs and initiatives in Liverpool which support seniors. These stakeholders will inform the most appropriate methods of consultation with senior community members. Councillors will be invited to participate in this consultation process and will have the opportunity to contribute to these ongoing discussions with Liverpool’s older residents.
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COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Harle
Council prepare a report of all identified areas of opportunity for Council to better engage the aged Community and present it to the Age Workshops in December 2020 where the following is addressed: · Suitable changes to notification periods for DAs in consideration of the aged; · Suitable changes to methods of distribution of notification to the aged; · Suitable changes to communications to the Aged on Age relevant matters; · Possible Council run daily Agedcare facilities where their social and personal daily needs are catered for such as meals; and · Culturally sensitive and CALD background aged care support be developed.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: QWN 03
FILE NO: 049237.2020
SUBJECT: Question with Notice - Clr Rhodes - Monitoring of Air Quality in Child Care Centres
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Children’s services is working closely with NSW Health and the Rural Fire Services to ensure that risks are minimised for Children and their Families, protecting their health, while in Council’s Early Education Centres.
Questions
1. What is Council doing to educate and protect the health of Children who do not attend Early Education Centres, or an Education Centre that does not belong to Liverpool Council?
The NSW Environment Protection Authority works with Government, industry, community, environment and other stakeholders on strategies to reduce air pollution and improve air quality. In NSW the Department of Education developed key strategies and educational tools to support NSW schools and education and care services to understand the impacts of poor air quality and the potential impact on student’s health. Awareness campaigns were conducted for early childhood education, primary and high schools, providing specific strategies to reduce smoke exposure.
In order to promote public awareness and education, NSW Health have developed a wide array of educational materials for the community, children’s services providers and general practitioners ensuring that risks of exposure to poor air quality are minimised.
2. How can Liverpool Council ensure the protection of all Liverpool residents during periods of poor air quality?
Council will rely upon the NSW Department of Planning, Industry and Environment’s Air Quality Index (AQI). There are 2 air monitoring locations within or close to Liverpool City Council, at Bringelly and Liverpool. Air Quality Index values are calculated using measurements of ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, airborne particles and visibility. The AQI provides a comparison of air pollutants, standardising these measurements into an index which illustrates the level of risk.
NSW AQI updates can be found at: https://www.dpie.nsw.gov.au/air-quality/current-air-quality
To subscribe to regular air quality updates follow this link: https://www.dpie.nsw.gov.au/air-quality/subscribe-to-air-quality-updates
A specific index for Liverpool can be found at https://aqicn.org/city/australia/nsw/liverpool/sydney-south-west/
Ljverpool City Council in conjunction with the University of Wollongong has been installing air-monitoring systems within the Liverpool City Centre to enable collection of data on air pollution arising from both fine and coarse particles. Having objective data will enable a more effective conversation with the NSW Environment Protection Authority regarding appropriate response and corresponding funding.
Council also has street level air quality monitoring in the city centre as a result of the Smart Cities and Suburbs Program. This live data can be found at https://pavo.its.uow.edu.au/
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COUNCIL DECISION
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
a) Prepare a report to be provided to the May Council Meeting on the cost and effectiveness of providing portable air monitoring stations to be made available for use throughout the LGA on a similar basis as the Council Cameras.
b) A time frame where if determined to proceed, when the air monitoring stations could be in operation.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: QWN 04
FILE NO: 049238.2020
SUBJECT: Question with Notice - Clr Rhodes - Liverpool Community Hub
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Recently Liverpool Council partnered with Community Hubs Australia to support the National Community Hubs Program in Liverpool.
The purpose of the Hubs are to:
Connect Families with each other, their school and existing services and local organisations, that can supply health, settlement support and socialising for Migrant mothers.
Questions
1. What does the new National Community Hubs do that was not already being supplied through the Migrant Resource Centre other than a closer connection to the school children may attend?
2. What is the manner in which Council has partnered with the new National Community Hubs, what does Council actually contribute?
3. Does it cost Council money and if so how much?
Response
The National Community Hubs Program (NCHP) provides support to refugee and migrant women with pre-school aged children to support them in accessing education, health, settlement support and social cohesion programs. Without a welcoming hub to go to, many of these parents, mostly women, can spend most of their time at home, feeling isolated from the rest of the community.
Community Hubs in schools differ from the work of the Western Sydney Migrant Resource Centre (WSMRC) in that they provide a soft entry point for community members who might otherwise not engage. For many community members, their child’s school is one of the few locations they are confident to attend, and the hubs provide an opportunity to connect with other community members, organisations and services within that existing safe and familiar space. The hubs enable connection and engagement for parents with agencies such as WSMRC to access programs and services they offer.
Council has a convening role within the NCHP in Liverpool. Council acts as Support Agency for the Liverpool Network of hubs and provides operational support, strategic leadership and guidance to the local hub network, as well as managing the relationship between the Liverpool Network and Community Hubs Australia (CHA). Council is responsible for the development and submission of quarterly reports and data on the progress of the Liverpool Network of hubs.
Council provides a significant connection between the NCHP Liverpool Network of hubs and relevant services and organisations who can provide vital programs and activities to benefit community members who access the hubs. Examples include the connection of two hubs with Liverpool Neighbourhood Connections, who have now partnered with the program to provide playgroups in these hubs. Council has also facilitated a relationship between the hubs and educational institutions such as TAFE to deliver training courses free of charge within the community hubs.
Since it commenced in Liverpool in January 2019, the NCHP Liverpool Network has engaged 216 new families with activities and programs that will support their education, employment and social cohesion goals. The community hubs have provided 180 conversational English language classes to community members who are otherwise ineligible to receive free classes due to visa or other restrictive eligibility criteria. The hubs have facilitated 108 referrals to services for additional support including family support, child health services, pre-school and community health services.
Council’s role as Support Agency for the NCHP is funded through Community Hubs Australia, who receives funding from the Department of Home Affairs and the Scanlon Foundation. Commencing the financial year 2020/2021, Council will contribute $10,000 annually towards the salary and program costs for the role of Support Agency.
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ITEM NO: QWN 05
FILE NO: 049241.2020
SUBJECT: Question with Notice - Clr Harle - Membership on Planning Panels
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Council currently operates two Planning Panels that assess Development Applications.
One is the Local Planning Panel and the other is the Sydney Western City Planning Panel. Both Panels have Councillor appointed members.
Can Council ensure that whenever possible the required number of panel members are present at each of the meetings?
Over the past 18 months there has been a notable absence of the required number of panel members assessing development applications for the Liverpool LGA. This is despite having several alternative members listed on the eligibility list.
Is it possible to extend that list and ensure adequate community representation takes place at each and every Panel Meeting?
Response
There are two panels responsible for determining certain Development Applications (depending on the cost of works or referral criteria). They are the Liverpool Local Planning Panel (LPP) and the Sydney Western City Planning Panel (SWCPP). Only the Sydney Western City Planning Panel has Councillor representation. The Local Planning Panel is not permitted to have Councillor representation following changes introduced to the planning system by the NSW Government in 2017.
Local Planning Panel
Under Section 2.18(2) of the Environmental Planning and Assessment Act, members of the Liverpool Local Planning Panel are appointed by Council. The LPP consists of four members. They are:
· An approved independent person appointed as the Chairperson of the Panel with relevant expertise in law or in government and public administration; · 2 other approved independent persons with relevant expertise · A representative of the local community who is not a Councillor or Mayor.
When setting meetings, Council ensures that a community representative member attends Local Planning Panel meetings.
Sydney Western City Planning Panel
The Sydney Western City Planning Panel (SWCPP) is the designated regional panel that determines development applications that are classified as ‘regionally significant’ in the Liverpool LGA.
The SWCPP is a NSW Government agency pursuant to Section 2.12(4) of the Environmental Planning and Assessment Act. The SWCPP consist of 5 members. 3 members are appointed by the Minister of Planning and Public Spaces and 2 members from Council (the Council nominees). Council resolved at its meeting on 25 September 2019 that its primary representatives on the Panel are Mayor Waller and Cr Harle and its alternate members are Cr Hagarty and Deputy Mayor Cr Karnib.
The SWCPP has alternate members in case a primary panel member cannot attend a meeting.
The SWCPP operates under their own operational procedures including the required quorum for a meeting to proceed. The operational procedures states that a quorum for a planning decision is a majority of the panel members, including the chair, i.e. a total of three members. The Planning Panel Secretariat always extends meeting invitations to Council’s representatives. If Council’s primary representatives cannot attend a meeting, the Secretariat will extend the invitation to Council’s alternate representatives. If for whatever reason a Council representative cannot attend the meeting, the operational procedures of the Panel allow for the meeting to proceed with the three State appointed members forming the quorum.
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COUNCIL DECISION
Motion: Moved: Clr Harle Seconded:Clr Rhodes
That a report be brought back to Council about the feasibility of additional members or reserves on the Sydney Western City Planning Panel and the Local Planning Panel.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: QWN 06
FILE NO: 049243.2020
SUBJECT: Question with Notice - Clr Ayyad - Memorial School of Arts
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Please address the following:
1. How much was spent on the upgrade of the surrounds of the school of arts?
Approximately
$1.6 million was spent on the upgrade works. 2. Who prepared the landscaping plan?
Urbis Pty Ltd was engaged to prepare the landscaping
plan. 3. How much was spent on the design of the landscaping plan?
$43,450 (inc. GST) 4. How much did it cost to deliver the landscaping plan?
Approximately $1.6 million as in (1) above. 5. Can you please provide photos of the completed landscaping plan and any media releases related to it?
Photos of the completed works are attached. There
were no media releases published following the completion of the works. 6. When was the school of arts leased out?
The original Lease was agreed in August 2017. The Lease commencement date was subject to the Tenant submitting and obtaining the necessary Development Approvals for the proposed fitout, signage and use. The Tenant has since obtained the Development Approval but is still awaiting issue of the Construction Certificate.
Delays in obtaining the planning approvals are due to the impact of the tenant’s proposed fitout on the heritage fabric of the building, the compliance requirements associated with proposed use as an educational institution, and determination by the Local Planning Panel, Lessees response in providing additional information required during this process and works required to the building.
7. When was agreement reached?
The original Lease
agreement was reached in August 2017, whilst the Tenant was awaiting the
issue of the above-mentioned approvals, the parties agreed to amend the Lease
based on the delays to a proposed new Lease version which was to commence on
30 September 2019, by inserting a termination clause which allows the lease
to be terminated any time after 30 June 2023, by giving a six month notice to
terminate. The commencement date is being revised pending the Construction
Certificate being issued. 8. How much income has been received so far from the lease?
No rental income has been received.
9. When does the lease finish.
The initial term is due to expire on 28 September 2022 with provision for a three year option term which will expire on 28 September 2025. Under the terms of the amended new lease the termination clause will include provision for termination any time after 30 June 2023 by giving a six month notice.
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ITEM NO: QWN 07
FILE NO: 049342.2020
SUBJECT: Question with Notice - Clr Hadchiti - Local Infrastructure Contributions (Section 7.11)
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Please address the following:
1. Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?
2. Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so, can we be provided with these reports?
Response
1. Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?
Yes. The NSW Audit Office initially contacted Council on 23 August 2019 to commence the audit process. Council were officially notified on 6 September 2019 of the audit, inclusive of an engagement letter and audit plan.
The stated aim of the audit was “to assess the effectiveness of governance and internal controls over local infrastructure contributions collected by councils.”
Liverpool was selected to be a part of the audit along with 3 other Councils.
Staff have been active and transparent in all dealings with the NSW Audit Office during the audit process. The draft audit report was submitted to Council on 2 March 2020. The purpose of the draft report is to provide Council with the opportunity to correct errors of fact or interpretation before the NSW Audit Office prepare the final report. The draft report remains confidential during this process, and Council has been asked to limit its distribution.
It is anticipated that the NSW Audit Office will issue the final report by 27 March 2020 for formal response. The formal response will be included in the published report when it is tabled in the NSW Parliament by the Auditor-General.
2. Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so can we be provided with these reports??
Council’s Internal Audit Unit undertook an audit of the developer contributions and consent levies in 2018. The final report issued on 14 December 2018 identified several issues and opportunities for improvement, incorporating management agreed actions to address the issues identified in the report. A copy of this report has been circulated to Councillors via email.
Please note that the management responses in the report were written at the time the audit was finalised. The progress status on the implementation of these actions are tracked and updated though Promapp (Council’s audit action tracking software). Summary status updates and time extensions in relation to implementing these recommendations are tabled to the Audit, Risk and Improvement Committee (ARIC) quarterly (Councillors are provided a copy of the Agenda).
On the 8 Feb 2019 ARIC were briefed on the outcomes of the Contributions audit. Senior Management presented the approach to address key findings and recommendations contained in the report to the independent ARIC members.
Following this internal audit, Council has commenced a wide-ranging program of initiatives and actions to address all finding of the audit report with the overall aim of improving the way that Council manages developer contributions. The initiatives and actions include: · Recruitment of Manager Infrastructure Planning to lead a small team of staff dedicated to developer contributions; · Creation of an internal reference group to better manage the contributions framework; · Broad ranging review of governance, systems and plans; · Improved documentation available for customers, including mapping of items and relevant plan application areas on the ePlanning Portal; · Commencement of Aerotropolis Contributions Plan in conjunction with Penrith City Council and the Western Sydney Planning Partnership; · Progressing updates to “capped” contribution plans to make them fit for submission to IPART as an important step towards recovering contributions impacted by the government imposed s7.11 cap on contributions. A summary of the status of these updates is as follows: o Austral/Leppington North – awaiting exhibition o Edmondson Park – review underway o East Leppington – procurement process underway; · Inclusion of details of the financial impact of the cap in Council reports on Liverpool Contributions Plan 2014 – Austral Leppington North precincts (25 September 2019 and 11 December 2019). Both reports include detail of the cost per lot of $56,097 and the capped amount of $30,000. Additionally, the 11 December 2019 report also includes specific reference to an anticipated $20m annual shortfall and that this shortfall would “be addressed once council is collecting strictly in accordance with the updated contributions plan”. · Enhanced internal reporting of contribution accounts (income/expenditure); · Engagement with Independent Pricing and Regularity Tribunal (IPART) to ensure more efficient processing of review of Council plans;
· Participation in Western Sydney Planning Partnership contributions working group – developing best practice amongst Western Sydney councils; · Identification of key risks associated with S7.11 related activities are ranked in the top 10 of Council’s strategic risks; · Quarterly Enterprise Risk Management reporting to ARIC and Councillors of Councils key strategic and operational risk, including the contribution risk; and · Regular briefing of the CEO by the Director City Economy & Growth on the progress of mitigating key risk areas pertaining to S7.11 audit and risk outcomes.
These initiatives have reduced the risk associated with the contributions framework while allowing the Infrastructure Planning team to undertake a full review of the systems, plans and processes supporting the contributions framework. It is intended that this new approach to growth management will see Council become a leader in this space and will ensure all the remaining risks are addressed in a systematic and transformative nature.
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ITEM NO: QWN 08
FILE NO: 049368.2020
SUBJECT: Question with Notice - Clr Hadchiti - Contamination Reports
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I thank staff for their response regarding contamination reports in the last business paper.
Please address the following:
1. Has Council ever undertaken a survey from companies that have provided contamination reports as part of DA’s to seek feedback on Council processes?
Response
Council has not undertaken any surveys from companies that have provided contamination reports as part of the DA assessment.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council undertake surveys from companies that have provided contamination reports as part of the DA assessment.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton asked that he be recorded as voting against the motion.
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ITEM NO: QWN 09
FILE NO: 049371.2020
SUBJECT: Question with Notice - Clr Hadchiti - Moorebank Recyclers
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Please address the following:
1. Has any progress been made on ensuring we don’t see a recycling facility in Georges Fair?
Response
At its meeting on 30 May 2018, Council resolved:
That Council: 1. In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility; 2. Note that any proposal needs to undergo the standard assessment process; 3. Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and 4. Organise a community BBQ once and if the development approval for the recycling plant is surrendered.
13 July 2018 – Meeting to discuss development of a structure plan for the Moorebank East precinct
10 October 2018 – Meeting to discuss proposed density and height of buildings for the site
20 February 2019 – Meeting to discuss planning positioning paper prepared by the proponent. This document outlined the proponents preferred development outcome for the site
11 April 2019 – Meeting to discuss timeframes, noting that the proponents had not lodged a planning proposal with Council for assessment 13 August 2019 – Meeting to discuss flooding issues including flood evacuation for the site.
20 September 2019 –Pre-planning proposal meeting, with formal advice issued to the proponent
10 December 2019 – Meeting with the proponent following their review of the flood evacuation report
The proponent contacted Council on 14 February 2020 and 26 February 2020 advising of the imminent lodgement of a planning proposal. The planning proposal was lodged with Council on 5 March 2020.
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ITEM NO: QWN 10
FILE NO: 049376.2020
SUBJECT: Question with Notice - Clr Hadchiti - Civic Place
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Please address the following:
1. By submitting an early works DA for Civic Place, can it be interpreted by the public that Council has already determined the final outcome of the building DA before a building DA has even been submitted?
Response
Noted, it could be interpreted this way, but no works will commence until the Masterplan DA has been approved.
Council has submitted an early works DA to enable the demolition and excavation, a major time component of Liverpool Civic Place, to potentially commence on approval of the Masterplan DA and the subsequent approval of the early works DA, but also potentially before the approval of the actual Council Works DA.
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That Council move into Closed session (pursuant to the provisions of Section 10(A)(2)(d ii) of the Local Government Act 1993) at the end of the meeting to discuss this matter.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: QWN 11
FILE NO: 065428.2020
SUBJECT: Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure
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Please address the following:
1. Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?
2. Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?
3. Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?
A response to these questions will be provided in the April 2020 Council meeting business papers.
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ITEM NO: QWN 12
FILE NO: 065444.2020
SUBJECT: Question with Notice - Clr Balloot - Forum - National Redress Scheme of Survivors of Institutional Child Sexual Abuse
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Please address the following:
On Thursday 5th of March I attended the special briefing by New South Wales Attorney General the Honorable Mark Speakman regarding the National redress scheme is part of the federal government response to the royal commission into institutional responses to child sexual abuse.
A response to these questions will be provided in the April 2020 Council meeting Business Papers.
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ITEM NO: QWN 13
FILE NO: 065464.2020
SUBJECT: Question with Notice - Clr Balloot - Coronavirus (COVID-19)
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Please address the following:
A response to these questions will be provided in the April 2020 Council meeting business papers.
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ITEM NO: QWN 14
FILE NO: 067196.2020
SUBJECT: Question with Notice - Clr Hagarty - Brontos
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Please address the following:
Previously the nearest Brontos were located at St Andrews and Parramatta. Is this still the case?
A response to this question will be provided in the April 2020 Council meeting business papers.
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ITEM NO: QWN 15
FILE NO: 069282.2020
SUBJECT: Question with Notice - Clr Shelton - Event Cancellations
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Please provide:
i. A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events;
ii. A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events; and
iii. An estimate as to the costs arising from item (i).
A response to these questions will be provided in the business papers for the April 2020 Council meeting.
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ITEM NO: QWN 16
FILE NO: 069344.2020
SUBJECT: Question with Notice - Clr Balloot - Civic Place
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Please address the following:
1. Has Council done an internal audit report in recent times?
2. Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?
3. Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?
A response to these questions will be provided in the business papers for the April 2020 Council meeting.
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Notices of Motion
ITEM NO: NOM 01
FILE NO: 065535.2020
SUBJECT: Disqualifying real estate agents and property developers from civic office
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NOTICE OF MOTION
That Council supports moves to disqualify real estate agents and property developers from holding the office of Councillor or Mayor.
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COUNCIL DECISION (submitted by Clr Hagarty)
Motion: Moved: Clr Hagarty Seconded: Clr Hadchiti
That this Notice of Motion be withdrawn.
On being put to the meeting the motion was declared CARRIED
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ITEM NO: NOM 02
FILE NO: 069317.2020
SUBJECT: Future for Waste
BACKGROUND
Liverpool residents are aware of the importance of recycling and most do their bit to reduce, reuse or recycle waste in their daily lives.
However, despite these efforts, the amount of waste we’re generating is increasing and recycling and waste diversion rates are flatlining.
Our waste and recycling infrastructure is barely keeping up with demand and local governments across Australia have seen the fallout of sending our recycling overseas for other countries to process.
The NSW Government collects approximately $800 million every year through the Waste Levy. Recently, the Government put a call out for submissions to a 20 year Waste Strategy issues paper and Plastics Plan discussion paper.
The issue of recycling and effective waste management has been brought before Council a number of times. This process presents an timely opportunity to advocate for important improvements to waste management infrastructure and policy.
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NOTICE OF MOTION (submitted by Clr Kaliyanda)
That Council:
1. Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;
2. Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid); and
3. Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging: a. NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling); b. The development of a local circular economy, and support for local manufacturing using recycled product; c. Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and d. Introduce producer responsibility schemes for problematic materials
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COUNCIL DECISION
Motion: Moved: Clr Kaliyanda Seconded: Clr Karnib
That Council:
1. Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;
2. Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid);
3. Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging: a. NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling); b. The development of a local circular economy, and support for local manufacturing using recycled product; c. Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and d. Introduce producer responsibility schemes for problematic materials. e. Continues to investigate all waste to energy opportunities.
On being put to the meeting the motion was declared CARRIED.
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ITEM NO: NOM 03
FILE NO: 069426.2020
SUBJECT: Save Liverpool Animal Shelter
BACKGROUND
The community has been outraged by some on this Council wanting to outsource essential services and close Liverpool Animal Shelter and instead have our residents travel to Blacktown Council as the alternate animal shelter.
To make things worse, some people in this room told us through the media, that it would cost $17m to build a new animal shelter in Liverpool. This is almost DOUBLE the cost of building the Quest hotel in Liverpool.
This motion calls on Council to save ratepayers money and keep the animal shelter in Liverpool and as close as possible to its current location.
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NOTICE OF MOTION (submitted by Clr Ayyad)
That Council:
1. Allow animal shelters to be a permitted use on the land bordered by Fourth Ave, Fifth Ave, Edmonson Ave, and Bringelly Rd. This includes WV Scott Memorial Park; and
2. Delegate to the CEO to send prepare the amendment to the LEP and report back to Council at its next meeting.
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COUNCIL DECISION
The Mayor declared that based on legal advice received, the motion is an illegal motion unless it is dealt with as a rescission motion.
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ITEM NO: NOM 04
FILE NO: 069485.2020
SUBJECT: Ban on Prohibited Donors
BACKGROUND
If you cannot donate, then why can you run for office? This motion calls on Council to write to both major parties to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors. It also calls upon those who have significant conflicts of interest to also be prohibited from running on Council.
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NOTICE OF MOTION (submitted by Clr Ayyad)
That Council write the NSW Government and Opposition to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors and those who have significant conflicts of interest to also be prohibited from running on Council. An example of these industries are to include: · Developers · Real Estate Agents · Builders · Concreters · Carpenters · People engaged in the selling of alcohol and tobacco · Staff of members of parliament (both State and Federal) · Surveyors · Excavators · Candidates for state and federal elections · And any other person who can benefit from a decision of Council.
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COUNCIL DECISION
Motion: Moved: Clr Ayyad Seconded: Clr Hadchiti
That this Notice of Motion be withdrawn.
On being put to the meeting this motion was declared CARRIED.
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Confidential Items
ITEM NO: CONF 03*
FILE NO: 047681.2020
SUBJECT: ST2953 Recycling Material Acceptance and Processing Service
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COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Rhodes
That Council:
1. In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 declines to accept Visy Paper Pty Ltd T/A Visy Recycling submission in response to the ST2953 Recycling Material Acceptance and Processing Service tender.
2. In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005 by resolution, delegates authority to the CEO or her nominee to enter into negotiations with Visy Paper Pty Ltd T/A Visy Recycling but with the ability to open this up to other parties, with a view to entering into a contract in relation to ST2953 Recycling Material Acceptance and Process Service.
3. In accordance with clause 178(4) off the Local Government (General) Regulation 2005, notes that the reasons for entering into negotiations and not calling fresh tenders are: a) The market was not as expected, resulted in insufficient submissions. b) Local offerings within the Liverpool LGA have not been fully explored. By proceeding with direct negotiations, Council will be able to engage with local suppliers and promote awareness of Council’s purchasing procedures, facilitating economic development in the process.
4. Makes public its decision on ST2953 Recycling Material Acceptance and Processing Service.
5. Notes that the Chief Executive Officer will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
6. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Vote for: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty, Clr Harle, Clr Karnib, Clr Kaliyanda, Clr Rhodes, Clr Shelton.
Vote against: Clr Hadchiti.
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ITEM NO: CONF 04*
FILE NO: 057403.2020
SUBJECT: Tender WT2892 - Phillips Park Redevelopment
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COUNCIL DECISION
Motion: Moved: Clr Hagarty Seconded: Clr Shelton
That Council:
1. Accepts the tender from HPAC Pty Ltd for Tender WT2892 - Phillips Park Redevelopment for a 52 week contract term at the GST inclusive price specified in the confidential report.
2. Makes public its decision regarding Tender WT2892 - Phillips Park Redevelopment.
3. Delegates the Chief Executive Officer to finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to accept tenders up to a value of $2 million.
5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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ITEM NO: CONF 05*
FILE NO: 056949.2020
SUBJECT: Acquisition of part of Lot 431 DP2475 being part of 270 Fifteenth Avenue, Austral for drainage purpose
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COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda
That Council:
1. Approves the acquisition of part of Lot 431 DP2475, being part of 270 Fifteenth Avenue, Austral on the terms outlined in this confidential report;
2. Authorises the CEO or her delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;
3. Resolves to classify part of Lot 431 DP2475 as “operational” land in accordance with the Local Government Act, 1993; and
4. Keeps confidential this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
On being put to the meeting the motion was declared CARRIED.
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COUNCIL IN CLOSED SESSION
Mayor Waller advised that Council would now move into Closed Session to discuss item QWN 10 (Question with Notice - Clr Hadchiti - Civic Place) because the information discussed was confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act 1993 because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.
Council moved into Closed Session at 8.00pm.
Motion: Moved: Clr Kaliyanda Seconded: Clr Shelton
That Council move back into open session.
On being put to the meeting the motion was declared CARRIED.
At 8.04pm, Council moved back into open session.
Note, there was no motion or resolution regarding QWN 10.
ITEM NO: NOM 05
FILE NO: 069522.2020
SUBJECT: Civic Place
BACKGROUND
According to media and Council’s website, Civic Place is going to cost rate payers $195 million dollars, up from the $75m it was supposed to cost in the last term of Council.
Whilst there is support for the project, many residents have been concerned that they haven’t been consulted about the cost.
This motion calls on Council to immediately begin community consultation and let the ratepayers and residents know how much Civic Place will cost them and the cost difference from when originally started, as they are the ones paying for it.
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NOTICE OF MOTION (submitted by Clr Ayyad)
That Council:
1. Immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents; and
2. Undertake no further work until this has been completed and the results are returned to Council.
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COUNCIL DECISION
Motion: Moved: Clr Ayyad Seconded: Clr Balloot
That Council immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton and Clr Harle asked that they be recorded as voting against the motion
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The Mayor advised that the remaining items on the agenda (as shown below) will be dealt with at the April 2020 Council meeting:
59
THE MEETING CLOSED AT 8.18pm.
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 29 April 2020
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 March 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
60
MINUTES OF THE Extraordinary Meeting
HELD ON 16 April 2020
PRESENT VIA VIDEO CONFERENCING:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Ms Kiersten Fishburn, Chief Executive Officer
Mr Tim Moore, Director City Economy and Growth / Deputy CEO
Mr George Hampouris, Acting Director City Corporate
Mr David Maguire, Internal Ombudsman
Ms Elizabeth Espinosa, General Counsel, Manager Governance, Legal and Procurement
Ms Julie Scott, Manager City Economy
Mr Vishwa Nadan, Chief Financial Officer
Dr Eddie Jackson, Director City Community and Culture
Mr Peter Patterson, Director City Presentation
Mr Raj Autar, Director City Infrastructure and Environment
Mr Andrew Stevenson, Chief Strategy and Engagement Officer
Ms Tina Sangiuliano, Strategic Organisational Changer Manager
Mr George Georgakis, Manager Council and Executive Services
Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)
OPENING 6.02pm.
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STATEMENT REGARDING WEBCASTING OF MEETING |
The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being livestreamed.
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ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION |
Read by the Chief Executive Officer, Ms Kiersten Fishburn. |
APOLOGIES
Nil.
Declarations of IntEREST
Clr Shelton declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.
Reason: Clr Shelton is a member of an organisation that does hire casually Council facilities from time to time. Clr Shelton does not get any benefit.
Clr Shelton will stay online for the meeting during discussion on this item.
Clr Shelton declared a non-pecuniary less than significant interest in relation to Initiative 5 dealing parking permit system to businesses and their staff operations from the CBD.
Reason: Clr Shelton owns a business that operates from the CBD.
Clr Shelton will stay online for the meeting during discussion on this item.
Mayor Waller declared a non-pecuniary less than significant interest in relation to Initiatives 13, 14 and 15 dealing with fees for casual hirers of Council facilities, licence fees for Licensed tenants of Council’s community facilities, and fees and charges.
Reason: Mayor Waller is a member of organisations that casually hire Council’s community facilities and also have licence agreements. The Mayor does not have any gain in it, only the organisations which she is a member of do.
Mayor Waller will stay online for the meeting during discussion on this item.
Clr Hadchiti declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council halls.
Reason: Clr Hadchiti’s children do karate and a sister organisation rents a Council hall. Clr Hadchiti does not get any benefit.
Clr Hadchiti will stay online for the meeting during discussion on this item.
Clr Kaliyanda declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.
Reason: Clr Kaliyanda is a member of an organisation that does hire casually Council facilities from time to time. Clr Kaliyanda does not get any benefit.
Clr Kaliyanda will stay online for the meeting during discussion on this item.
Clr Hagarty declared a non-pecuniary less than significant interest in relation to Initiative 13 dealing with fees for casual hirers of Council facilities.
Reason: Clr Hagarty is a member of an organisation that does hire casually Council facilities from time to time. Clr Hagarty does not get any benefit.
Clr Hagarty will stay online for the meeting during discussion on this item.
Chief Executive Officer Report
ITEM NO: CEO 01
FILE NO: 092286.2020
SUBJECT: COVID-19 - Liverpool City Council Response
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DECISION
In relation to the Initiatives outlined in the report, that Council carry out the following (as listed and voted on separately at the meeting):
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Motion Moved Clr Shelton Seconded: Clr Hadchiti
Workforce
1. Initiative That Council direct the CEO for the first six months of 2020/2021, retain the staff budget, as in the 2019/2020 staff budget, with the exception of any mandated award increases.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Clr Hadid
Community
2. Initiative
That Council:
1. Support the homeless by co-ordinating the services offered by the NSW Government through the ‘People sleeping rough and COVID-19 – DCJ and homelessness sector response’ last published 23 March 2020.
Where that is not possible, Council direct the CEO to:
2. Establish a ‘COVID-19 Emergency Response Program’ to action timely requests for Council support toward critical and essential services for vulnerable community groups in Liverpool, including allocation of funds for provision of food, accommodation and PPE.
The scope of this Program is to include the following financial and in-kind initiatives: · Keep open public amenities at Bigge Park, Collimore Park, Lighthorse Park and Seton Hall (Moorebank) 24/7 so that rough sleepers and the general public have access to soap and water at all times, to wash their hands; · Provide access to shower facilities at Francis Greenway Centre two to three days a week for rough sleepers; · Provide access for government agencies and charities to utilise Council facilities to deliver critical services such as food sorting and distribution; · Run a campaign to encourage food donations to designated charities; · Allocate funds to purchase food and hygiene supplies for rough sleepers and charities from existing budgets; · Allocate funds toward essential relief services in Liverpool; and · Coordinate provision of food and essential services to vulnerable groups in Liverpool.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hagarty Seconded: Clr Shelton
CITY ECONOMY
3. Initiative:
That Council:
1. Support businesses specialising in hospitality, retail, tourism and leisure by allocating funds from the CDF for a Rebuilding Liverpool’s Economy package to support businesses in the Liverpool CBD affected by the crisis; and
2. Also offer this support package to impacted businesses beyond the CBD, with a separate funding allocation.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hagarty Seconded: Clr Shelton
4. Initiative:
That Council:
Implement a Business to Consumer program for non-retail businesses (eg manufacturers, wholesalers, transport and logistics companies) to facilitate an effective pivot of their existing business models; to deliver a Business Resilience webinar series to local businesses; support local businesses to pivot towards resilient operations; develop a digital ready grants program for businesses outside the CBD; and support skills development of people who become unemployed or are redeployed, by working with them and with tertiary institutions. All businesses in the LGA (in particular those outside the CBD) would be supported by this initiative.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
COMPLIANCE
5. Initiative: That Council extend the parking permit system to businesses and their staff operating from the CBD (excluding Westfields) including health care providers. All permits to have an initial lifespan till end of July 2020.
On being put to the meeting the motion was declared CARRIED.
6. Initiative Note, Initiative 6 (as shown in the Council report) was not voted on as this was raised at the meeting and Council was advised that rehoming will be undertaken and will commence next week.
Motion: Moved: Clr Kaliyanda Seconded: Clr Hadchiti
7. Initiative That Council direct the CEO to apply discretion when issuing infringements, while protecting public health and safety. In that regard, fines will only be issued in the following circumstances:
· Parking in a “No Stopping” and “No Parking” zones and in close proximity to an intersection; · Trucks parking in residential areas in excess of one hour; · Parking on nature strips where it causes an obstruction to pedestrians and/or a blind spot for drivers exiting their driveways; · Environmental pollution incidents; and · Dog attacks.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
8. Initiative That Council direct the CEO to suspend all health inspection fees from the date of restrictions coming into place however continue to undertake health inspections. Allow an extra 6 months for health inspections billed but not yet paid.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes
9. Initiative That Council:
1. Defer on application, 50% of Sect 7.11 contributions payable from Construction Certificate stage to Occupation Certificate/Subdivision stage for all applications received or approved till December 2020;
2. Fast track Sect 4.55 and/or 4.56 applications requesting 50% Sect 7.11 deferrals to Occupation/Subdivision stage for applications already approved but yet to be issued a Construction Certificate;
3. Commit to drive down the outstanding DA currently being determined and allow the use of external providers should this be required; and
4. Amend the Contributions Plan to remove the requirement of a bank guarantee (for the full amount of the contribution payable), adopt immediately if permissible, otherwise exhibit for statutory 28 days period.
On being put to the meeting the motion was declared CARRIED.
Clr Balloot asked that he be recorded as having voted against the motion.
Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes
RATES AND REVENUE
10. Initiative: That
Council: 1. Amend Rating Revenue policy to extend hardship provisions to all rating categories as defined under section 514 of the Local Government Act;
2. Allow applications for hardship to be made online to simplify process and remove requirements to provide detailed and complex information;
3. Report to a full Council meeting any hardship applications made that are being recommended for refusal for Council to determine;
4. Waive any interest due on approved hardship cases for a period of 6 months subject to review after the 6 month period; and
5. Include the Mayor as part of the Hardship Committee membership.
On being put to the meeting the motion was declared CARRIED. Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
11. 12. 13. and 14. Initiatives: Note: The following motion was moved and carried with respect to Initiatives 11, 12, 13 and 14. That Council: 1. Provide a 100% rent abatement for all existing retail and small tenants/licence holders that have been affected by Federal restrictions put into place (excluding telecommunications lease) until 2 months after those restrictions are lifted;
2. For commercial tenants manage these in line with the Code of Conduct for Commercial Tenancies as introduced by the Federal Government, and report back to Council on these negotiations (excluding telecommunications lease); and
3. Provide a full refund for hirers/licence holders of any community facility whether casual or permanent where a fee has been paid and the use of that facility is not possible due to restrictions being put into place from the date restrictions were put into place.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hagarty Seconded: Clr Hadchiti
15. Initiative: That Council defer this initiative until further information is received about the budget.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Kaliyanda Seconded: Clr Shelton
ADVOCACY
16. Initiative: That Council seek funding from the NSW Government for an accelerated package of capital works projects (attached to the report) that can be delivered in the Liverpool LGA within a short timeframe.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes
17. Initiative That Council direct the CEO to support the actions endorsed in previous resolutions through Ministerial letters and targeted communications campaigns; and
Additionally:
Write to Federal and NSW Treasurers outlining collapse in revenues and seeking a rates guarantee to ensure financial liquidity, financial assistance to maintain existing employment levels and explicit inclusion of local government in any future stimulus packages;
Support LGNSW’s campaign to suspend Fit for the Future guidelines given current circumstances, including writing to Minister for Local Government as appropriate; Council believes FFF targets and benchmarks are now outdated and should be abandoned as councils will be increasingly unable to meet targets and benchmarks during the pandemic. Further information on the LGNSW campaign will be sought.
Write to Minister for Local Government seeking regulations requiring notices to be placed in newspapers be waived for six months in light of local papers suspending printing and for Council be allowed to advise residents through websites and social media; With local newspapers suspending printed publication Council faces a potentially expensive increase in advertising costs if it is forced to publish notices in metropolitan newspapers. Accordingly, a suspension or abolition of current arrangements is sought.
Write to the Federal and NSW Governments to highlight the financial impact on Council of new childcare arrangements announced last week;
Write to local MPs with a summary of relevant resolutions; and
Implement an ongoing communications campaign to ensure residents and businesses have all available information about COVID-19 and Council’s responses to support the community.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
18. Initiative That Council require any new expenditure that commits Council to an amount over $500k be approved by Council.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
19. Initiative That Council waive all out-door dining fees from the date of restrictions coming into place until 2 months after these restrictions are lifted. Any fees paid to be refunded on a pro rata basis for that period.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
20. Initiative That Council ensure all payments that can be made to suppliers where the goods/services have been delivered in full (noting some may be staged payments) be made immediately and not wait until the due date should that be a period of less than 2 months
On being put to the meeting the motion was declared CARRIED.
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THE MEETING CLOSED AT 7.34pm.
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 29 April 2020
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 16 April 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.
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Chief Executive Officer Report
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CEO 01 |
Draft Privacy Policy - recommendations for amendment by Information and Privacy Commission |
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Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
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File Ref |
075692.2020 |
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Report By |
David Maguire - Internal Ombudsman |
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Approved By |
Kiersten Fishburn - Chief Executive Officer |
Executive Summary
Council adopted its Privacy Policy by a Council Resolution on 20 November 2019.
Following the adoption of the policy, it was submitted, as required under section 32(1) of the Privacy and Personal Information Protection Act 1988 (the PPIP Act), to the Information and Privacy Commission (the IPC).
The IPC has recommended that Council make some minor amendments to the policy. These recommended amendments have been incorporated in the attached draft policy.
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That Council adopt the Draft Privacy Policy attached to this report. |
REPORT
Council’s Privacy Policy, adopted at the Council meeting on 20 November 2019, is its privacy management plan for the purpose of section 33(1) of the PPIP Act.
Following adoption of the policy by Council, the Internal Ombudsman submitted it to the IPC, as required under section 33(5) of the PPIP Act.
The IPC, by letter dated 19 February 2020, made some recommendations for minor amendments to the policy (see the attached IPC Checklist) in accordance with section 36(2)(e) of the PPIP Act. These recommended amendments have been incorporated in the policy, as shown in red type font in the attached draft. The most notable amendment is the inclusion of Appendix 7: the Privacy Code of Practice for Local Government.
It is recommended that Council adopt the Draft Privacy Policy.
For the information of the Mayor and Councillors, as per the Council Resolution adopted on 20 November 2019, the City of Liverpool has now joined the world Cities Coalition for Digital Rights, being the second Australian city to do so. Details of member cities are available at the following web link: https://citiesfordigitalrights.org/cities .
CONSIDERATIONS
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Economic |
There are no economic and financial considerations. |
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Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
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Legislative |
Privacy and Personal Information Protection Act 1998 sections 32(1), 33(5) and 36(2)(e) |
ATTACHMENTS
1. IPC Feedback Letter (Under separate cover)
2. IPC Checklist (Under separate cover)
3. Draft Privacy Policy (March 2020) (Under separate cover)
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Chief Executive Officer Report
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CEO 02 |
Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting |
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Strategic Direction |
Generating Opportunity Advocate for, and develop, transport networks to create an accessible city |
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File Ref |
058398.2020 |
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Report By |
Tatjana Bozovic - Communications Assistant |
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Approved By |
Andrew Stevenson - Chief Strategy and Engagement Officer |
Executive Summary
At its 5 February 2020 Council meeting, Council requested that Council advocate that funding for rail in the Western City be fast-tracked.
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That Council receive and note the report.
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REPORT
At its 5 February 2020 Council meeting, Council directed that letters be sent to the relevant State and Federal Government ministers requesting that funding for rail infrastructure in the Western City be fast-tracked, including for the Metro and South West Rail link.
The letters also welcomed the NSW Government commitment to provide additional parking at Edmondson Park Station.
The letters were sent on 20 February 2020 to The Hon. Andrew Constance MP, Minister for Transport and Roads and The Hon. Alan Tudge MP, Minister for Cities, Urban Infrastructure and Population. Both letters are attached for reference.
Council requested an update be provided at the March Council meeting as to when these letters were sent (noting that this report was held over due to changes to the March meeting).
CONSIDERATIONS
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Economic |
Facilitate economic development. |
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Environment |
Promote an integrated and user friendly public transport service. Support the delivery of a range of transport options. |
Social |
Utilise the Western Sydney City Deal agreement to provide connectivity across the LGA through infrastructure and social initiatives. |
Civic Leadership |
Actively advocate for federal and state government support, funding and services. |
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Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
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77 |
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CEO 02 |
Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting |
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Attachment 1 |
Letter to The Hon. Alan Tudge MP |
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CEO 02 |
Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting |
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Attachment 2 |
Letter to The Hon. Andrew Constance MP |
Ordinary Meeting 29 April 2020
Chief Executive Officer Report
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CEO 03 |
Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993 |
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Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
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File Ref |
071117.2020 |
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Report By |
George Georgakis - Manager Council and Executive Services |
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Approved By |
Andrew Stevenson - Chief Strategy and Engagement Officer |
Executive Summary
To report to Council on one instance where the Mayor, pursuant to Section 226(d) of the Local Government Act 1993 exercising in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.
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That Council note and endorse the Mayoral Direction dated 17 March 2020 attached to the report.
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REPORT
Section 226 of the Local Government Act 1993 outlines the role of the Mayor and Section 226(d) states that the role includes the following:
“To exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.”
On 17 March 2020 the Mayor made a determination/direction pursuant to the policy-making responsibilities under s.226(d) of the Act.
The Mayoral Direction relates to the decision to override clause 5 and 18.8 of the current Code of Meeting Practice and all charters of Committees of Council which refer to Councillors and committee members being personally present and in committee meetings in order to participate in them.
The determination/direction was necessary and could not be delayed until the April 2020 Ordinary Meeting of Council for the following reasons:
1. The risk to staff, Councillors and members of the community due to the current situation with novel coronavirus (COVID-19) pandemic; and
2. The need for the work of Council to continue, including its committee meetings, under these exceptional circumstances.
The Mayoral Direction is attached to the report.
CONSIDERATIONS
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Economic |
Costs associated with carrying out the Mayoral Direction. |
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Environment |
Enhance the environmental performance of buildings and homes. Raise community awareness and support action in relation to environmental issues. |
Social |
Raise awareness in the community about the available services and facilities. |
Civic Leadership |
Act as an environmental leader in the community. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
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Legislative |
Section 226(d) of the Local Government Act 1993. |
ATTACHMENTS
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82 |
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CEO 03 |
Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993 |
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Attachment 1 |
Mayoral Direction dated 17 March 2020 |
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City Economy and Growth Report
|
EGROW 01 |
LEP Review: Public Exhibition of draft Local Housing Strategy, draft Centres and Corridors Strategy & draft Industrial and Employment Lands Strategy |
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Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
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File Ref |
052059.2020 |
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Report By |
Michael Midson - Executive Planner |
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Approved By |
Tim Moore - Director, City Economy and Growth / Deputy CEO |
Executive Summary
Council has received funding under the Western Sydney City Deal to conduct an accelerated review of the Liverpool Local Environmental Plan 2008 (LLEP 2008). As part of this review process, the following draft land use strategies have been prepared for public exhibition:
· Draft Liverpool Local Housing Strategy 2020;
· Draft Liverpool Centres and Corridors Strategy 2020; and
· Draft Liverpool Industrial and Employment Lands Strategy 2020.
These draft strategies are underpinned by evidence-based studies and have been informed by community engagement undertaken during the development of Council’s Local Strategic Planning Statement ‘Connected Liverpool 2040’ (LSPS).
The purpose of these strategies is to guide strategic land use planning in Liverpool and to support the development of the new Local Environmental Plan and Development Control Plan. The strategies respond to key trends and opportunities to ensure that growth in Liverpool is appropriately managed and provides guidance for the assessment of future planning proposals.
It is recommended that Council place the draft Strategies on public exhibition for 28 days. It is anticipated that the exhibition of the Strategies will occur at the same time as the exhibition of the Phase 1 LEP Review Planning Proposal which is currently awaiting Gateway Determination from the NSW Department of Planning, Industry and Environment (DPIE).
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That Council:
1. Place the Draft Local Housing Strategy; Draft Centres and Corridors Strategy and Draft Industrial and Employment Lands Strategy on public exhibition for 28 days; and
2. Receive a further report following the public exhibition period detailing submissions received and any amendments proposed. |
REPORT
Background
The Local Strategic Planning Statement (LSPS) was endorsed by Council on 25 March 2020 and formally approved and published on the NSW Planning Portal on 31 March 2020. The LSPS includes actions to develop and implement a range of strategic land use planning studies and strategies. A number of these strategies have now been prepared for the purposes of public exhibition and are listed in Table 1 below.
Table 1 – Draft strategies for public exhibition
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Draft Strategy |
LSPS Action |
Strategy to be Superseded |
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Local Housing Strategy |
Action 7.1 |
Residential Development Strategy 2008
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Centres and Corridors Strategy |
Action 11.1 |
Liverpool Retail Hierarchy Review 2012
Liverpool Business Centres and Corridors Strategy 2013
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Industrial and Employment Lands Strategy
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Action 12.1 |
Liverpool Industrial Lands Strategy 2007 |
The draft strategies form part of the wider LEP Review project for which Council received funding under the Western Sydney City Deal. Included in the project was the preparation of the LSPS and the Phase 1 Planning Proposal. Council is required to finalise the project by June 2020.
Figure 1 – LEP Review project
Draft Liverpool Local Housing Strategy
The Western City District Plan requires Council to develop a Local Housing Strategy in consultation with the community. The Department of Planning, Industry and Environment (DPIE) prepared a guideline and template that details what is to be included in local housing strategies. The draft Liverpool Local Housing Strategy has been prepared to comply with these requirements.
The draft Strategy is informed by a strong evidence base, being the Liverpool Housing Study 2019, prepared by SGS Economics and Planning (Attachment 1). This Study was presented to Council as background information during the development of the LSPS.
The key findings of the Study include:
• Liverpool has enough zoned land to cater for housing growth for the next 20 years;
• Demand for housing is expected to be ~10,000 dwellings for the period 2021-26; and
• There is a need for more diverse and affordable housing types in the right locations.
The draft Housing Strategy sets out the priorities and actions to deliver suitable housing in the right locations to meet the needs of the Liverpool community over the next 20 years. It ensures that housing delivery protects local amenity and character, open space and ecological values and is aligned with infrastructure delivery.
Housing diversity
The Housing Study identifies a lack of housing diversity in Liverpool. The key actions in the draft Strategy which help to address this issue include:
· Review land use and development controls in R1, R2 and R3 zones to encourage greater medium density and housing diversity without adversely impacting neighbourhood amenity.
o This could potentially include reviewing height and FSR controls in the R3 zone to improve feasibility and developing controls for manor homes.
· Review controls for medium density having regard to the Low-Rise Medium Density Housing Code to facilitate more diverse housing types in the LGA whilst still maintaining local character.
o When the Code begins in July 2020, Council will have limited control on medium density housing pursued through this pathway. Council will, however, be better able to control development outcomes by placing some controls, such as minimum lot size for multi dwelling housing, within the LEP, instead of the DCP where it currently resides.
· Review apartment mix controls in the Liverpool City Centre.
o The DCP currently requires, as a minimum, at least 10% of apartments to be one-bedroom and at least 10% to be three bedrooms. Changing demographics mean these proportions need to be reviewed to provide more family friendly apartments and accommodation for singles and students.
Housing Affordability:
Liverpool has significantly higher rates of rental and mortgage stress than the Greater Sydney average. This affects very low, low, and moderate-income earners.
Key actions in the draft Strategy which help to address this issue include:
· Develop an Affordable Housing Contributions Scheme in line with the Greater Sydney Commission’s requirement for 5-10% affordable housing on up-zoned land.
o The Greater Sydney Region Plan requires that 5-10% of housing sites that gain an uplift through rezoning be dedicated as affordable housing. An affordable housing contributions scheme enables Council to meet this requirement. The scheme is being developed as a ‘whole of District’ approach with several other Western City District Councils. Once the scheme is developed, it will be presented to Council for further consideration.
· Partner with NSW Government to investigate the potential for master planned precincts (such as Land and Housing Corporation properties in Warwick Farm and in the 2168 postcode) to renew and increase social and affordable housing.
o There is great potential in Liverpool to increase housing, provide more affordable housing and reduce the concentration of social disadvantage through the redevelopment of State social housing assets. This would likely follow the Communities Plus model, where social housing estates are renewed with 70% private housing and 30% social/affordable housing.
· Maintain and build partnerships with Community Housing Providers (CHPs) to investigate opportunities for joint ventures or opportunities on low-cost sites for affordable housing including Council-owned sites.
Built Form and Sustainability
Community consultation for the LSPS noted that while people support further density in the Liverpool city centre and around transport nodes, the local character of existing centres and neighbourhoods is important. Addressing the urban heat island effect and sustainability was also noted as important.
Key actions in the draft Strategy which help to address this issue include:
· Undertake design-led planning using place-making principles for village, town and local centres.
· Review R4 land around local centres to address interface issues.
· Amend the DCP to better respond to urban heat, sustainable waste and water sensitive urban design.
· Advocate for changes to BASIX in line with the State Government’s net zero by 2050 aspirations.
Short term investigation areas
Short term investigation areas are identified for Council to consider LEP amendments to facilitate housing growth:
· Liverpool City Centre and Innovation Precinct;
· Warwick Farm equine precinct;
· Georges River North (Moore Point);
· Moorebank Town Centre (included as zoning from R4 to R3 may improve development feasibility);
· Miller Precinct; and
· Hargrave Park (medium-term investigation area).
The draft Strategy notes that it may be appropriate for Council to consider rezoning in other appropriate locations outside of identified investigations areas. The draft Strategy includes some guidance on where this should be considered (e.g. near major transport nodes).
The draft Strategy, including a complete list of recommended actions, is included as Attachment 2.
Draft Liverpool Centres and Corridors Strategy
The draft Liverpool Centres and Corridors Strategy is identified in the LSPS as a short-term action and has been developed to ensure that there is adequate, appropriate and accessible retail services for Liverpool’s growing population into the future. The draft Strategy is informed by a strong evidence base, being the SGS Centres and Corridors Study 2020 (Attachment 3).
The key findings of the Study include:
• Liverpool’s population is increasing and there is a significant demand for retail in the new release areas;
• Consumer spending is changing with increased spending on fresh food and hospitality and reduced spending in department stores; and
• Growing demand for fine grain retail experiences in traditional retail streetscapes.
The SGS study also notes that while most of Liverpool residents are within 2 km of a major supermarket, there are large gaps in the Liverpool City Centre and in New Release Areas.
Retail Hierarchy
The draft Strategy updates the 2012 Retail Hierarchy to reflect the current strategic context of the Liverpool LGA and to incorporate retail developments which were not anticipated at the time. The revised hierarchy does not seek to pre-determine decisions on existing planning proposals.
Notable changes to the classification of centres in the hierarchy include:
· Classify Woolworths Casula and Woolworths Prestons as ‘stand-alone’ centres
o These centres consist of stand-alone supermarkets co-located with several other shops. They were built post the development of the 2012 Liverpool Retail Centres Hierarchy Review.
· Classify Middleton Grange as a ‘local centre’
o Middleton Grange was previously classified as a ‘Village Centre’. The SGS study stated that there is not a large enough retail floor space gap in the New Release District or a large enough catchment to reclassify it as a town centre.
· Classify Holsworthy as a ‘local centre’
o Holsworthy was previously classified as a village centre. The SGS study stated that floor space demand in the Eastern District is unlikely to grow substantially in the future, and so there is no need for an additional town centre in this area.
· Add proposed retail centres in Austral and East Leppington and the Western Sydney Parklands Business Hubs to the retail hierarchy.
o The inclusion of proposed centres in the retail hierarchy should not change development expectations for these centres, which are mostly set in growth area DCPs and the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
Recommended Actions:
· Review land use planning controls to ensure quality built form outcomes and consistency with the revised retail hierarchy.
· As part of the existing planning proposal, review planning controls in Middleton Grange and encourage development of a local centre consistent with the retail hierarchy.
· As part of the existing planning proposal, encourage the development of a local centre in Holsworthy consistent with the retail hierarchy.
· Investigate and address any impediments for the timely delivery of centres in Austral.
· Amend LEP to replace permissibility of ‘shops’ in the B6 zone with ‘neighbourhood shops’.
· Review LEP zoning of key sites (LEP Schedule 1, Clause 9) if they have been developed for the purposes of service stations or food and drink premises. As part of the review, undertake a site analysis and consider rezoning to B6.
· As part of the planning for the FAST corridor, consider appropriate location of Transit Oriented Developments.
The draft Liverpool Centres and Corridors Strategy is included as Attachment 4.
Draft Liverpool Industrial and Employment Lands Strategy
The draft Industrial and Employment Lands Strategy guides the retention, improvement, rezoning and development of employment lands in the Liverpool LGA over the next 20 years. The draft Strategy incorporates the findings of a suite of recent employment studies including the most recent Industrial Development Lands Study 2019 prepared by APP Consultants. These studies are provided in Attachment 5.
Recommended Actions
· Review development standards and objectives for industrial land.
· Retain and improve employment land within the eastern portion of the LGA.
· Plan and manage employment lands within the western portion of the LGA.
· Facilitate industrial development to support the operation of the Western Sydney International (Nancy-Bird Walton) Airport and Western Sydney Aerotropolis.
· Increase industrial development density, efficiency and colocation.
· Prioritise public domain improvements and vegetation within industrial precincts.
· Consider and improve connectivity between public transport and industrial precincts.
· Introduce Innovation Precincts within the LGA.
· Clarify the intended role and function of industrial precincts.
· Advocate for local jobs, community outcomes and high-quality industrial design at the Moorebank Intermodal site.
The draft Liverpool Industrial and Employment Lands Strategy is included in Attachment 6.
Public Exhibition
It is proposed to exhibit the draft Strategies for a period of 28 days.
It is expected that exhibition of the draft Strategies will occur concurrently with the exhibition of the Phase 1 Planning Proposal for the LEP Review once a Gateway determination is received from DPIE. It should be noted that community consultation may need to be modified due to current social distancing requirements due to the COVID-19 pandemic.
Conclusion
The draft strategies are underpinned by evidence-based studies and have been informed by community engagement undertaken during the development of Council’s Local Strategic Planning Statement ‘Connected Liverpool 2040’ (LSPS).
The purpose of these strategies is to guide strategic land use planning in Liverpool and to support the development of the new Local Environmental Plan and Development Control Plan. The strategies respond to key trends and opportunities to ensure that growth in Liverpool is appropriately managed and provides guidance for the assessment of future planning proposals.
It is recommended that Council place the draft Strategies on public exhibition for 28 days. It is anticipated that the exhibition of the Strategies will occur at the same time as the exhibition of the Phase 1 LEP Review Planning Proposal which is currently awaiting Gateway Determination from the NSW Department of Planning, Industry and Environment (DPIE).
CONSIDERATIONS
|
Economic |
Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Enhance the environmental performance of buildings and homes. Facilitate economic development. |
|
Environment |
Utilise the Western Sydney City Deal agreement to enhance liveability and environment of the LGA. Utilise the Western Sydney City Deal agreement to facilitate Planning and Housing in the LGA. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. |
Social |
Utilise the Western Sydney City Deal agreement to provide connectivity across the LGA through infrastructure and social initiatives. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
Undertake communication practices with the community and stakeholders across a range of media. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. |
|
Legislative |
Environmental Planning and Assessment Act 1979 |
ATTACHMENTS
1. Liverpool Housing Study (SGS) 2019 (Under separate cover)
2. Draft Liverpool Local Housing Strategy 2020 (Under separate cover)
3. Liverpool Centres and Corridors Study (SGS) 2020 (Under separate cover)
4. Draft Liverpool Centres and Corridors Strategy 2020 (Under separate cover)
5. Liverpool Industrial Lands Studies (Under separate cover)
6. Draft Liverpool Industrial and Employment Lands Strategy 2020 (Under separate cover)
97
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 02 |
Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting |
|
Strategic Direction |
Strengthening and Protecting our Environment Develop, and advocate for, plans that support safe and friendly communities |
|
File Ref |
034212.2020 |
|
Report By |
Nada Mardini - Manager Community Standards |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
At its meeting of 5 February 2020, Council resolved:
That Council:
1. Investigate the feasibility of developing a TNR program at Liverpool Animal Shelter;
2. Involve local veterinarians and veterinary clinics in providing pro bono services to assist with the TNR program and rehoming of cats;
3. Identify other organisations, i.e. the RSPCA, that may also be able to assist and add value to a local TNR program;
4. Consider other measures that can be undertaken within the LGA to mitigate the impacts of feral cats on the local community and provide a report back to Council by the May 2020 Council meeting;
5. Write to relevant State Minister recommending that the State Government adopt legislation similar to the Western Australian Cat Act;
6. Addresses with WSROC the opportunity for WSROC to advocate for a regional solution;
7. Include in the LGA and LGNSW Conference Agenda a call for the Federal and State Government to provide funding to Council, to change the Companion Animal Act and provide Council funding to enable councils to enact the new measures to identify stray animals and non-registered cats as homeless and desex and house the cats until homes can be found in order to address feral cat plagues in urban areas; and
8. Bring its No Kill Policy to the next Council meeting for its consideration and that the report include some measurement in terms of what neighbouring Councils do or what the standard is across NSW.
This report provides as update on the actions required to be undertaken by Council in response to the resolution.
|
That Council receives and notes this report.
|
REPORT
At its meeting of 5 February 2020, Council resolved the following in relation to feral cats and a Trap-Neuter-Return (TNR) Program:
That Council:
1. Investigate the feasibility of developing a TNR program at Liverpool Animal Shelter;
2. Involve local veterinarians and veterinary clinics in providing pro bono services to assist with the TNR program and rehoming of cats;
3. Identify other organisations, i.e. the RSPCA, that may also be able to assist and add value to a local TNR program;
4. Consider other measures that can be undertaken within the LGA to mitigate the impacts of feral cats on the local community and provide a report back to Council by the May 2020 Council meeting;
5. Write to relevant State Minister recommending that the State Government adopt legislation similar to the Western Australian Cat Act;
6. Addresses with WSROC the opportunity for WSROC to advocate for a regional solution;
7. Include in the LGA and LGNSW Conference Agenda a call for the Federal and State Government to provide funding to Council, to change the Companion Animal Act and provide Council funding to enable councils to enact the new measures to identify stray animals and non-registered cats as homeless and desex and house the cats until homes can be found in order to address feral cat plagues in urban areas; and
8. Bring its No Kill Policy to the next Council meeting for its consideration and that the report include some measurement in terms of what neighbouring Councils do or what the standard is across NSW.
Update on resolution points 1, 2 and 3
Council’s legal team has been requested to provide advice on the legality of such a program. Once this advice is received a report will be prepared for a future Council meeting. The RSPCA has prepared a research report on this matter which is included as Attachment 1 for Council’s information. This research report includes commentary on the lawfulness of such a program in Australia.
Update on resolution point 4
This item is being addressed by the City Environment department with a report to be prepared for the May 2020 Council meeting.
Update on resolution point 5
A letter has been sent to the Minister for Local Government on 3 March 2020 (Attachment 2).
Update on resolution point 6
A request has been sent by Council to the WSROC CEO who has agreed to place this matter on a future agenda for discussion. This will be followed up in due course.
Update on resolution point 7
Council will be considering motions relating to feral cats for the NGA Conference at this Council meeting. As the LGNSW Conference will be held in October 2020 a further report will be prepared for Council’s consideration closer to this time.
Update on resolution point 8
Council resolved on 27 July 2016 to operate Renbury Farm with a No Kill Policy. This resolution followed the decision by Renbury Farm (shelter used by Liverpool City Council, Bankstown, Fairfield and Camden Councils) to close down due to ongoing online criticism and a number of petitions (one attracting more than 8000 signatures) requesting an audit of its operation due to concerns over animal hygiene and early euthanatising of healthy cats and kittens. Council negotiated a lease agreement and took over the operation in December 2016 and named it the Liverpool Animal Shelter.
Several surrounding Councils operate a ‘no kill’ shelter, including Fairfield and Camden. Council’s policy to operate the animal shelter as ‘no kill’ is directed by a Council resolution of 27 July 2016 which states:
“That Council is to operate Renbury Farm with a no kill policy”.
There is no other policy document which outlines in further detail this resolved policy position of Council.
Available data on the NSW Companion Animal Register for the financial year 1 July 2017 to 30 June 2018 indicated the following regarding the number of cats entering the facility and euthanasia rates for this period:
|
Shelter |
Numbers entered |
Euthanised (%) |
|
*Camden |
89 |
39 (49%) |
|
*Fairfield |
65 |
37 (57% |
|
*Liverpool |
23 |
0 |
|
Burwood |
19 |
19 (100%) |
|
Canterbury Bankstown |
111 |
76 (68%) |
|
Parramatta |
284 |
140 (49%) |
|
*Randwick |
23 |
20 (87%) |
|
*Woollahra |
23 |
14 (61%) |
|
Blacktown (current) |
2003 |
876 (44%) |
(*No Kill Policy)
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
Raise community awareness and support action in relation to environmental issues. |
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services. |
|
Legislative |
Companion Animals Act 1998. |
ATTACHMENTS
|
104 |
|
|
EGROW 02 |
Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting |
|
Attachment 1 |
RSPCA Research Paper - TNR Program |
|
EGROW 02 |
Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting |
|
Attachment 2 |
Letter to Minister for Local Government |
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 03 |
Draft Amendment to Liverpool Development Control Plan 2008 - Part 1 General Controls (Chapter 26 Outdoor Advertising and Signage) |
|
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
|
File Ref |
049640.2020 |
|
Report By |
Luke Oste - Strategic Planner |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
At its meeting of 27 April 2016, Council resolved to prepare an amendment to the Liverpool Local Environmental Plan 2008 (LLEP) (Amendment 69) to permit third party advertising signage with consent in the B3 Commercial Core and B4 Mixed Use zones in the Liverpool city centre. A planning proposal was subsequently prepared which received a Gateway determination on 23 January 2018. Following Council’s resolution and subsequent Gateway determination, a review of draft Amendment 69 was undertaken to reconsider the need and appropriateness of third-party advertising signage within the Liverpool city centre resulting from the Liverpool city centre LEP Amendment 52.
At its meeting on 28 August 2019, Council considered this review and resolved to defer a decision on whether to progress with Amendment 69 until the Liverpool City Centre Public Domain Masterplan was submitted to Council and community consultation is undertaken. Council also resolved to publicly exhibit both the LEP amendment and the draft DCP amendment concurrently to seek community feedback.
Given the opportunity afforded by this process, a full review of the outdoor advertising and signage provisions of the DCP has been undertaken to improve clarity, rectify errors, and reduce complexity. It is recommended that Council places the draft DCP amendment on public exhibition concurrently with draft Liverpool Local Environmental Plan Amendment 69 and delegates authority to the CEO to finalise the DCP amendment should no submissions in opposition be received.
|
That Council:
1. Place the draft amendment to the Liverpool Development Control Plan 2008 – Part 1 General Controls (Outdoor Advertising and Signage) on public exhibition for a minimum period of 28 days in accordance with Clause 18 of the Environmental Planning and Assessment Regulation 2000; and
2. Delegates to the CEO the finalisation of the DCP amendment should no submissions in opposition be received; or receive a further report outlining details of the submissions in opposition received at the conclusion of the exhibition period. |
REPORT
Background
The LLEP 2008 provision applying to signage were reviewed by Council in response to a review of Council assets and representations received by Council to permit third party advertising signage within the local government area (LGA). Following this analysis, Council resolved at its meeting on 27 April 2016 to pursue an amendment to the LLEP 2008 to permit signage with consent in the B3 Commercial Core and B4 Mixed Use zones (Attachment 1). Currently, third party advertising signage is not permissible under the LLEP 2008.
A planning proposal has been prepared (draft Amendment 69) and was submitted to the Department of Planning, Industry and Environment where it received a Gateway determination on 23 January 2018 (Attachment 2). On 28 August 2019, Council resolved to defer a decision on whether to progress with Amendment 69 to the LEP until the Liverpool City Centre Public Domain Masterplan was submitted to Council and community consultation undertaken. Council also resolved to “publicly exhibit draft Amendment 69 and the draft DCP amendment concurrently to seek feedback” (Amendment 3).
Current Context for Signage
‘Building identification signs’ and ‘business identification signs’ are currently permitted with consent in most of the LGA. These signs can only advertise the building, person or business located at the premises where the sign is located. Currently billboard signs and third-party commercial signs that advertise general goods or services are prohibited throughout the LGA. For the purpose of this report these signs will be referred to as “third party advertising signage”.
There are some specific circumstances where third party advertising signage is permitted within the Liverpool LGA. Advertisements in or on bus shelters are exempt development under the LLEP, meaning that no consent is required. Third party advertising signage is also permitted within transport corridor land under State Environmental Planning Policy No 64 – Advertising and Signage (SEPP 64). This includes advertising in the following locations:
· The M5 and M7 motorway;
· Along a railway corridor;
· A road that is a freeway or tollway; and
· Land that is owned, occupied or managed by the RMS and that is within 250m of a classified road.
Proposed Amendment to the LEP
Amendment 69 seeks to permit third party advertising signage with consent within B3 and B4 Zones. The Standard Instrument includes the following relevant definition:
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following:
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The amendment to the LEP would allow advertising structures and other signage with consent in B3 Commercial Core and B4 Mixed Use zones. The B3 and B4 zones are located solely within the Liverpool city centre.
Draft DCP Amendment - Outdoor Advertising and Signage
To facilitate third party advertising signage within the Liverpool city centre as proposed by Amendment 69, a concurrent amendment to the DCP has been drafted (Attachment 4). Within the DCP, proposals for signage and advertising are guided by detailed objectives and controls contained in Section 26 - Outdoor Advertising and Signage of Part 1 - General Controls for all Development.
The draft amendment to the DCP provides new objectives and controls to guide third party advertising proposals in the B3 and B4 zones. These changes provide objectives and guiding controls that will help to prevent visual clutter and adverse amenity impacts caused by the introduction of third party advertising within the Liverpool city centre.
Additionally, this amendment simplifies and consolidates the existing controls and objectives relating to outdoor advertising and signage more broadly. The existing Outdoor Advertising and Signage DCP chapter has been included for comparison (Attachment 5). The proposed DCP amendment ensures that the following is achieved:
· References to policy, legislation and guidelines are updated;
· Duplication of controls are removed;
· Further clarity is provided where required for objectives and controls;
· The quantity of objectives and controls is reduced;
· Images and diagrams are updated; and
· The layout and readability of this section of the DCP is updated and improved.
This DCP amendment has been informed by best-practice examples from other Sydney Council signage DCP’s and NSW Government policy and guidelines.
Next Steps
Should Council endorse this amendment, the next step would be to publicly exhibit the draft DCP for a period of 28 days in accordance with the Environmental Planning and Assessment Regulation 2000 concurrently with draft Amendment 69 to the LEP. During this time, members of the public will be able to view the draft DCP and LEP Amendment and make a submission. It is recommended that Council delegates to the CEO the finalisation of the DCP amendment should no submissions in opposition be received; or receive a further report outlining details of the submissions in opposition received at the conclusion of the exhibition period.
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
There are no environmental considerations |
Social |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
Civic Leadership |
Provide information about Council’s services, roles and decision-making processes. |
|
Legislative |
Environmental Planning and Assessment Act 1979 |
ATTACHMENTS
1. Council Resolution and Report - 27 April 2016 (Under separate cover)
2. Gateway determination Amendment 69 LLEP 2208 (Under separate cover)
3. Council Resolution and Report - 28 August 2019 (Under separate cover)
4. Draft Amendment LDCP 2008 - Advertising Structures and Signage (Under separate cover)
5. Current LDCP 2008 - Advertising Structures and Signage (Under separate cover)
119
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 04 |
Draft Amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions for complying development certificates |
|
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
|
File Ref |
050882.2020 |
|
Report By |
Shaun Beckley - Manager, Infrastructure Planning |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
The purpose of this report is to make minor housekeeping amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions regarding complying development certificates and to update old clause referencing in the Plans (i.e. previous s94 and s94A of the Environmental Planning & Assessment Act).
Some development types subject to development contributions under these Plans can be approved by either a Development Application (DA) or a Complying Development Certificate (CDC). Council requires the payment of development contributions for development authorised by the contributions plans irrespective of how that development was approved (i.e. by either a DA or a CDC). The proposed housekeeping amendment makes this existing requirement explicit in the Plans.
There is a separate report in the business papers relating to instalment payments for development contributions for secondary dwellings under Liverpool Contributions Plan 2018 – Existing Areas. The changes proposed to the above development contributions plans are also included in this Plan to ensure clarity around the payment of development contributions for complying development certificates.
Similar changes to that proposed above are also required to Liverpool Contributions Plan 2008 – Edmondson Park and Liverpool Contributions Plan 2014 – East Leppington. Officers are currently undertaking a comprehensive review of these plans and the changes proposed will be incorporated into these plans and reported to a future Council meeting once the review is completed.
No changes are required to Liverpool Contributions Plan 2014 – Austral / Leppington North Precincts.
The proposed amendments will not change the development contributions amount payable on any development, rather the changes ensure clarity around the payment of development contributions for complying development certificates.
If supported by Council, the amendment to the contribution’s plans will be placed on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and the Regulations.
If any submissions are received opposing the changes, a report will be submitted to Council following exhibition. If no submissions are received opposing the amendment, it is recommended that Council delegate authority to the A/CEO to finalise the amendment.
|
That Council:
1. Exhibits draft Liverpool Contributions Plan 2009 (April 2020 Amendment) and draft Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and regulations; and
2. Delegates to the A/CEO authority to finalise Liverpool Contributions Plan 2009 (April 2020 Amendment) and Liverpool Contributions Plan 2018 – Liverpool City Centre (April 2020 Amendment) if no submissions opposing the changes are received.
|
REPORT
Liverpool Contributions Plan 2009 is a Section 7.11 plan that applies to development in older release areas, including Hoxton Park, Prestons, Carnes Hill and Middleton Grange. Development contributions are levied on a range of development including new residential subdivisions, industrial development, schools and service stations.
Liverpool Contributions Plan 2018 – Liverpool City Centre is a Section 7.12 plan that applies to development within the Liverpool City Centre generally bounded by the Georges River, the Moore Point precinct and the railway line to the east, the Hume Highway to the north and west and the Shepherd Street Precinct and Atkinson Street to the south. Development contributions are levied for all development except infrastructure works.
Both Plans levy contributions on a range of development types, some of which can be approved by a complying development certificate (CDC). A recent review of Liverpool Contributions Plan 2018 – Existing Areas highlighted the need to clarify the role of private certifiers in supporting Council to efficiently administer development contributions payments for development approved by a CDC.
To ensure clarity around the payment of contributions for complying development certificates, and reinforce the role of the certifier, amendments are proposed to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre. These amendments are detailed in Table 1 and Table 2 below.
There is a separate report in the business papers relating to instalment payments for development contributions for secondary dwellings under Liverpool Contributions Plan 2018 – Existing Areas. The changes proposed to the above development contributions plans are also included in this Plan to ensure clarity around the payment of development contributions for complying development certificates.
Similar changes to that proposed above are also required to Liverpool Contributions Plan 2008 – Edmondson Park and Liverpool Contributions Plan 2014 – East Leppington. Officers are currently undertaking a comprehensive review of these plans and the changes proposed will be incorporated into these plans and reported to a future Council meeting once the review is completed.
No changes are required to Liverpool Contributions Plan 2014 – Austral / Leppington North Precincts. The changes outlined in this report already form part of the Austral / Leppington North Plan.
It is also proposed to update old clause referencing in the Plans (i.e. previous s94 and s94A of the Environmental Planning & Assessment Act) wherever they occur in the Plans.
Changes to text are shown in the tables in bold.
Table 1 – Proposed changes to Liverpool Contributions Plan 2009
|
Proposed Change |
Comment |
|
Section 3.4 – Include April 2020 in the table of amendments |
Ensure amendment is enacted correctly. |
|
3.6 - Types of Development to be levied Council will levy all development in Liverpool, whether approved by a development consent or complying development certificate, which generates the need for additional amenities, facilities and services, which the Council provides. |
Ensures clarity that contributions are required for any type of approval (DA or CDC) |
|
Section 3.7.1 Council
will require, as a condition of development consent (on a development
application or complying development certificate), the payment of a
monetary contribution and/or the dedication of land for the provision of
public facilities specified in this Contributions Plan, from development,
which it considers will contribute to the need for those facilities. The
Contributions Plan applies to |
Reinforces contributions are required for any type of approval (DA or CDC) |
|
Section 3.7.1 – insert at end of section:
Complying Development Certificates and Principal Certifying Authorities In accordance with Cl 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied.
In accordance with Cl 136L of the EP&A Regulation 2000, a certifying authority must not issue a complying development certificate for work unless it has included a condition requiring payment of contributions prior to commencement of work.
In particular, the certifier must ensure that the applicant provides a receipt(s) confirming that levies have been fully paid and copies of such receipts must be included with copies of the certified plans provided to the Council in accordance with Cl142(2) of the EP&A Regulation 2000. Failure to follow this procedure may render such a certificate invalid. The only exceptions to the requirement are where a works in kind, material public benefit, dedication of land or deferred payment arrangement has been agreed by the Council.
In such cases, Council will issue a letter confirming that an alternative payment method has been agreed with the applicant. |
Ensures certifiers understand their role within the certification process as it relates to contributions.
Note: This wording is consistent with the changes proposed in CP 2018. |
|
Insert new Section 3.9 Pooling of Funds
Council will administer money obtained under this plan and make decisions on the funding and provision of the projects in accordance with the EP&A Act and EP&A Regulation.
The funds collected under this plan may be pooled for projects included in the works schedule in other contribution plans which council administers. The priority for expenditure of pooled funds will be determined based on endorsed Council Strategies.
Council’s ability to forward fund infrastructure identified in this Plan is very limited because it is contingent upon the availability of contributions funds.
To provide a strategy for the orderly delivery of the public services and amenities, this Contributions Plan authorises monetary contributions paid for different purposes, under this Plan and any other contributions plan approved by the Council, to be pooled and applied progressively for those purposes.
In any case of the Council deciding whether to pool and progressively apply contributions funds, the Council will have to first be satisfied that such action will not unreasonably prejudice the carrying into effect, within a reasonable time, of the purposes for which the money was originally paid. |
Environmental Planning and Assessment Regulations 2000 (Clause 27) enables pooling of funds. Council already does this across a number of plans to improve delivery of infrastructure.
This update will ensure a greater level of consistency across Council’s various Contribution Plans. It also ensures a greater pool of funds available for the delivery of infrastructure identified in various contribution plans across the City. |
|
Change references to Section 94 or S94A to Section 7.11 or S7.12 as required throughout the plans |
Housekeeping amendment to ensure consistency of the CP with current legislative references. |
Table 2 – Proposed changes to Liverpool Contributions Plan 2018 – Liverpool City Centre
|
Proposed Change |
Comment |
|
Section 2.5 - Include April 2020 in the table of amendments |
Ensure amendment is enacted correctly. |
|
2.7 - Types of Development to be levied
Except as provided for by this clause, this Plan applies to: · Residential accommodation, insofar as the Plan authorises the imposition of a requirement for a development contribution for the types of public amenities and public services described in this Plan; and · All development, other than residential accommodation insofar as the Plan authorises the imposition of a requirement for a development contribution for the types of public amenities and public services described in this Plan, whether approved by a development consent or complying development certificate. |
Ensures clarity that contributions are required for any type of approval (DA or CDC) where CP 2009 applies. |
|
Section 2.8 Levying of Contributions
Council will require, as a condition of development consent (on a development application or complying development certificate), the payment of a monetary contribution and/or the dedication of land for the provision of public facilities specified in this Contributions Plan, from development, which it considers will contribute to the need for those facilities. |
Reinforces contributions are required for any type of approval (DA or CDC) |
|
Section 2.8 Timing of payment of the levy
Monetary
contributions are required to be paid to Council:
b) for development approved as a complying development certificate, prior to the commencement of works, whether approved by Council or a Private Certifier. |
Clarifies when the payment of contributions is required, regardless of application type (DA, CC, CDC) and approval authority (Council, Private Certifier). |
|
Section 3.7.1
In accordance with Cl 146 of the EP&A Regulation 2000, a certifying authority must not issue a construction certificate for building work or subdivision work under a development consent unless it has verified that each condition requiring the payment of levies has been satisfied. |
Ensures certifiers understand their role within the certification process as it relates to contributions.
Note: This wording is consistent with the changes proposed in CP 2018 – Existing Areas and CP 2009. |
There will be no change to the cost of development as a result of the proposed amendments.
CONSIDERATIONS
|
Economic |
Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. |
|
Environment |
Manage the environmental health of waterways. Support the delivery of a range of transport options. |
Social |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 |
ATTACHMENTS
1. Draft Liverpool Contributions Plan 2009 - April 2020 amendment (Under separate cover)
2. Draft Liverpool Contributions Plan 2018 Liverpool City Centre April 2020 amendment (Under separate cover)
123
Ordinary Meeting 29 April 2020
City Economy and Growth Report
|
EGROW 05 |
Draft Amendment 1 to Liverpool Contributions Plan 2018 – Existing Areas - Instalment Payments for Secondary Dwellings |
|
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
|
File Ref |
056459.2020 |
|
Report By |
Shaun Beckley - Manager, Infrastructure Planning |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
At its meeting on 11 December 2019, Council resolved to develop:
a policy that allows s7.11 payments on secondary dwellings to be paid in instalments with instalment 1, 50% on the issue of a Construction Certificate and instalment 2 being 50% prior to any Occupation Certificate (OC) being issued (interim and final).
The purpose of this report is to facilitate changes to Liverpool Contributions Plan 2018 – Existing Areas (CP 2018) to enable instalment payments as previously resolved by Council and clarify the relationship between complying development certificates and the payment of development contributions.
This report was presented to Council at its meeting on 26 February 2020 to implement this resolution (Attachment 1). Council subsequently resolved:
That this item be deferred to the March Council meeting until questions relating to the increases in section 7/11s, new fees and charges and the Compliance Levy can be answered).
A response to the questions raised at the 26 February 2020 Council meeting has been provided separately to Councillors.
Council cannot allow for payment of development contributions by instalment for development approved by a Complying Development Certificate (CDC), as provisions regarding payment of contributions for CDCs are set by the Environmental Planning and Assessment Regulation 2000.
If supported by Council, the amendment to the CP 2018 will be placed on public exhibition in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and the Regulations.
If any submissions are received opposing the changes, a report will be submitted to Council following exhibition. If no submissions are received opposing the amendment, it is recommended that Council delegate authority to the CEO to finalise the amendment.
There is also a separate report in the business papers relating to minor housekeeping amendments to other Development Contributions Plans to ensure clarity around the payment of development contributions regarding complying development certificates.
The changes proposed to those plans have already been included in CP 2018 when it was reviewed in 2018. However, to ensure alignment, an additional update to CP 2018 is required to clarify that development contributions are required to be paid whether or not a development is approved by a Development Application or a Complying Development Certificate.
|
That Council:
1. Exhibits draft Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations; and
2. Delegates to the CEO authority to finalise Liverpool Contributions Plan 2018 – Established Areas (Amendment 1) if no submissions opposing the changes are received.
|
REPORT
The purpose of this report is to facilitate changes to Liverpool Contributions Plan 2018 – Existing Areas to enable instalment payments of development contributions as previously resolved by Council and clarify the relationship between complying development certificates and the payment of development contributions.
At its meeting on 11 December 2019, Council resolved to develop:
“a policy that allows 7.11 payments on secondary dwellings to be paid in instalments with instalment 1, 50% on the issue of a Construction Certificate and instalment 2 being 50% prior to any Occupation Certificate (OC) being issued (interim and final).”
A report was presented to Council at its meeting on 26 February 2020 to implement this resolution. A copy of this report is included in Attachment 1.
Council subsequently resolved:
“That this item be deferred to the March Council meeting until questions relating to the increases in section 7/11s, new fees and charges and the Compliance Levy can be answered.).
A response to the questions raised at the 26 February 2020 Council meeting has been provided to Councillors and an extract of the response specifically relevant to contributions is included below:
“The land and works components of our Contribution Plans are indexed quarterly, based on land valuation reports and CPI respectively. CPI for works is used to ensure that the cost to deliver a specific item reflects the real cost to Council, rather than using the original figures in a contributions plan. Given the significant change to property prices over recent years, the base cost included for land in Council’s contribution plans becomes outdated very quickly. To ensure the contribution rates reflect actual costs, Council applies a quarterly indexation for land based on property valuations.
Indexation of contribution plan items (land and works) is undertaken to better align the funds collected with the real cost of delivery. This approach minimises the financial impact on Council in meeting any shortfall associated with the increased cost over time of land and materials.
The increase in contributions since 2016 is dependent on the specific location and what infrastructure items are being provided in that area”.
Development contributions for secondary dwellings are an important source of funds to enable Council to upgrade roads and parks within existing communities. The proposed amendment to Liverpool Contributions Plan 2018 – Existing Areas seeks to provide flexibility in the timing of payment of development contributions for secondary dwellings rather than change the way that contributions are calculated.
There is a separate report in the business papers relating to minor housekeeping amendments to other Development Contributions Plans to ensure clarity around the payment of contributions regarding complying development certificates. The changes proposed to those plans have already been included in Liverpool Contributions Plan 2018 – Existing Areas when it was reviewed in 2018. However, to ensure alignment, an additional update to CP 2018 is required. Specifically, Section 3.8 Payment of Contributions is proposed to be updated as follows (changes in bold):
Council will require, as a condition of development
consent (on a development application or complying development certificate),
the payment of a monetary contribution for the provision of public
facilities specified in this Contributions Plan, from residential accommodation
and subdivisions designed for residential accommodation, which it considers
will contribute to the need for those facilities. The Contributions Plan
applies to development applications determined after the plan
comes into force.
This change has been included in the draft CP included as Attachment 2.
Implementation of Council’s resolution of 11 December 2019 as recommended in this report will provide a level of support to applicants who may experience challenges paying the required contribution in one payment.
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 |
ATTACHMENTS
1. Council report 26/2/2020 - instalment payments for secondary dwellings (Under separate cover)
2. Draft Liverpool Contributions Plan 2018 Established Area (Amendment 1) (Under separate cover)
128
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29 April 2020
City Economy and Growth Report
|
EGROW 06 |
Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons |
|
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
|
File Ref |
052134.2020 |
|
Report By |
Luke Oste - Strategic Planner |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
|
Property |
36-36A Kookaburra Road, North Prestons |
|
Owner |
Perpetual Corporate Trust LTD |
|
Applicant |
Craig Thomas (Logos Property) |
Executive Summary
At its meeting on 29 May 2019, Council resolved to support a planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 (LLEP 2008) to enable an additional permitted use of vehicle sales or hire premises at 36-36A Kookaburra Road, North Prestons and to forward the planning proposal to the Department of Planning, Industry and Environment for a Gateway determination.
This report updates Council on the Gateway determination which was issued for the planning proposal (Draft Amendment 76) and the results of the state agency and community consultation undertaken in support of the amendment.
It is recommended that Council support the making of Amendment 76 and delegates to the CEO the authority to liaise with the Parliamentary Counsel’s Office to finalise the LEP amendment.
|
That Council:
1. Notes the Gateway determination for draft Liverpool Local Environmental Plan 2008 (Amendment 76) and the results of public exhibition and community consultation; and
2. Approves Amendment 76 and delegates authority to the CEO to liaise with the NSW Parliamentary Counsel’s Office to finalise the amendment.
|
Report
Background
At its meeting on 29 May 2019, Council resolved to:
1. Note the advice of the Liverpool Local Planning Panel;
2. Support in principle the planning proposal to amend Schedule 1 of the Liverpool Local Environmental Plan 2008 to permit vehicle sales or hire premises as a land use permitted with consent at Lot A and B Kookaburra Road, Prestons (Lot A and B DP 408207);
3. Delegate to the CEO to make any typographical or other editing amendments to the planning proposal if required;
3. Forward the planning proposal to the Department of Planning and Environment pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination;
4. Subject to Gateway determination, undertake public exhibition and community consultation in accordance with the conditions of the Gateway determination; and
5. Receive a further report on the outcomes of public exhibition and community consultation.
The Planning Proposal
This planning proposal is site specific and relates to land at 36-36A Kookaburra Road, North Prestons (Lots A and B DP408207). The site is approximately 1.2km south-west of the M7 in the Prestons Industrial Estate. The site is surrounded by IN3 zoned land to the north and IN1 zoned land to the south. The nearest residential development is located approximately 235m south of the site with additional dwellings located approximately 325m to the north-west of the site. Cabramatta Creek and associated bushland is located to the west of the site, forming a border between the Prestons Industrial Estate and the surrounding residential area.
Figure 1 – Aerial photograph of the subject site (purple) and operation extent of the site (red) (Source: Nearmap)
Objectives of the Planning Proposal
The key objective of the planning proposal is to enable vehicle sales to be undertaken at the site. This sales activity is proposed to occur within the existing warehouse on site and on a portion of the existing hard-stand area outside the warehouse.
Gateway determination
A Gateway determination (Attachment 1) was received from the Department of Planning, Industry and Environment on 4 November 2019 and required the following actions:
1. Prior to public exhibition, the planning proposal is required to be amended as follows:
a. use Council’s template for the exhibited version of the planning proposal;
b. update the references to the address of the subject land to 36 and 36A Kookaburra Road, North Prestons;
c. expand the description of the proposed clauses to explain in detail the intent of the controls; and
d. update the consistency of the planning proposal with section 9.1 Directions 3.4 Integrating Land Use and Transport, Direction 4.3 Flood Prone Land and 6.3 Site Specific Provisions
2. Public exhibition is required under Section 3.34(2)(c) and Schedule 1 Clause 4 of the Act as follows:
(a) The planning proposal must be made publicly available for a minimum of 28 days; and
(b) The planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in section 6.5.2 of A guide to preparing local environmental plans (Department of Planning, Industry and Environment 2016).
3. Consultation is required with Roads and Maritimes Services (RMS) under Section 3.34(2)(d) of the Act and/or to comply with the requirements of relevant section 9.1 Directions. RMS is to be provided with a copy of the planning proposal and any relevant supporting material, and given at least 21 days to comment on the proposal.
The Gateway determination authorised Council as the local plan making authority to make Amendment 76.
Consultation
Public Authority Consultation
In accordance with the Gateway determination, Transport for New South Wales (formerly RMS) were consulted. No objection to the proposal was received, subject to Council being satisfied that safe access to Kookaburra Road will be provided/maintained from the existing local road network (Attachment 2).
Community Consultation
In accordance with the Gateway determination, the planning proposal was placed on public exhibition from 11 December 2019 to 29 January 2020. The additional length of the community consultation period above the prescribed 28 days was to ensure that ample time was provided to the community to respond over the summer holiday period. This additional time was provided in accordance with Clause 16 within Schedule 1 of the Environmental Planning and Assessment Act 1979.
The public exhibition process included notices on Council’s website, the Liverpool Leader newspaper and an advertising poster in Council’s administration centre. No submissions were received.
Conclusion
The Gateway requirements, including public exhibition and community consultation for Draft Amendment 76 have been satisfied. No submissions were received during the public exhibition of the proposal and as a result no changes are proposed.
This report recommends that Council approves Amendment 76 and delegates authority to the CEO to liaise with the Parliamentary Counsel’s Office to finalise the amendment.
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision-making processes. |
|
Legislative |
Environmental Planning and Assessment Act 1979. |
ATTACHMENTS
|
132 |
|
|
EGROW 06 |
Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons |
|
Attachment 1 |
Gateway Determination |
|
EGROW 06 |
Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons |
|
Attachment 2 |
TfNSW (RMS) Submission |
137
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 07 |
Street Naming Request - Edmondson Park |
|
Strategic Direction |
Generating Opportunity Advocate for, and develop, transport networks to create an accessible city |
|
File Ref |
054341.2020 |
|
Report By |
Christopher Jattan - Administration Officer - Planning & Transport Strategy |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
This report seeks a Council resolution on a current street naming request in Edmondson Park.
The proposed name, Macdonald Road is proposed for a new road located between Campbelltown Road and Bernera Road, Edmondson Park.
The proposed name has been assessed using Council’s Naming Convention Policy and has been granted pre-approval in consultation with the Geographical Names Board (GNB) of NSW.
|
That Council:
1. Supports the naming of Macdonald Road;
2. Forwards the name to the Geographical Names Board (GNB), seeking formal approval;
3. Publicly exhibit the name in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and
4. Authorises the Chief Executive Officer (CEO) to undertake the process of gazettal, if there are no submissions received during public exhibition.
|
REPORT
Background
On 10 July 2014, Council staff wrote to the GNB to rename part of Croatia Avenue to Bernera Road through the suburb of Edmondson Park. This was due to the existing extent of Croatia Avenue (at the time) being split, with one part allowing for realignment (creating a new link from Camden Valley Way) directly into the town centre and another part following the existing extent of the road, as per Figure 1 below.
Figure 1: Diagram indicating part of Croatia Avenue being renamed Bernera Road
After being endorsed by Council and the GNB, and following public consultation, the eastern extent of Croatia Avenue retained its name, whilst the realigned western portion was named Bernera Road.
Current Proposal
Council received a request from Transport for NSW (TfNSW) to name the proposed road from Campbelltown Road to Bernera Road as Macdonald Road. Figure 2 shows the extent of the recently constructed road in red and the future extension of this road (where it will meet Bernera Road) in blue dashed.
The street name has been assessed using Council’s Naming Convention Policy and checked for duplication using the GNB’s Online Road Naming System.
Council notes that there is a duplication of the road located in Lurnea which is 5.7km away and therefore would be contrary to the Naming Convention Policy if this were a new road. However, GNB have given pre-approval for the road and future link road to be named as Macdonald Road as it is an extension of the existing Macdonald Road in Bardia and not a new road.
Figure 2: Proposed street name (red marking), future link road (blue marking) which will join Bernera Road.
Next Steps
If supported by Council, the above name will be forwarded to the GNB for formal approval and if approved, placed on public exhibition for 28 days in the local newspaper and notified to relevant stakeholders, seeking endorsement. Relevant stakeholders include Australia Post, NSW Ambulance, Fire and Rescue NSW, NSW Rural Fire Service, NSW State Emergency Service, NSW Volunteer Rescue Association, Transport for NSW and NSW Police Force.
Council officers will consider all submissions during the public notification period. The three potential scenarios following exhibition are as follows:
• If there are objections from the relevant agencies, Council will not proceed with the naming request. The applicant will be notified of the outcome. A report to Council will be prepared for the next available meeting outlining the reason for rejection.
• If there are no objections, the naming request will proceed to the NSW Parliamentary Counsel’s Office (PCO) for gazettal under the delegation of the Chief Executive Officer (or delegate).
• Any submissions from the community during the public notification period will be considered. If there is strong community opposition, or reason to reconsider the proposed names, a report will be prepared for the next available Council meeting recommending withdrawal of the naming proposal. If Council decides to support the proposal, the naming request will proceed to the PCO for gazettal under the delegation of the Chief Executive Officer (or delegate). If Council decides not to adopt the naming proposal, the applicant will be notified in writing outlining the reason for rejection.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
|
Social |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. |
|
Civic Leadership |
Foster neighborhood pride and a sense of responsibility. |
|
Legislative |
Roads Act 1993. |
ATTACHMENTS
142
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 08 |
Post Exhibition Report - Draft Liverpool Development Control Plan 2008 (Amendment 25) |
|
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
|
File Ref |
056601.2020 |
|
Report By |
Graham Matthews - Senior Strategic Planner |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
This report was originally presented to the 26 February 2020 Council meeting for consideration. Council resolved to defer consideration pending a further briefing session. A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.
Amendment 25 amends Parts 1 and 4 of DCP to make the DCP consistent with changes made to Liverpool Local Environmental Plan (LLEP) 2008 by the Liverpool City Centre LEP amendment (Amendment 52).
Public exhibition of Amendment 25 was undertaken between 6 November and 4 December 2019. One submission was received from Endeavour Energy. An internal submission was also received from Council’s Floodplain and Water Management department.
Matters raised in the submissions and by Councillors are addressed in the body of the report.
This report recommends that the minor amendment to Section 6 of Part 1 of the DCP proposed by Council’s Floodplain and Water Management department be incorporated. Otherwise, this report recommends that Amendment 25 to the LDCP be adopted without further amendment. It is also recommended that the CEO be authorised to finalise the amendment.
|
That Council:
1. Adopts draft Amendment 25 to the Liverpool Development Control Plan (Part 1 and Part 4) (Attachment 1 and 2) and authorises the CEO to finalise Amendment 25 including the correction of any minor typographical errors to come into effect upon the publication of the required notice in the local newspaper; and
2. Notifies those who lodged a submission of Council’s decision.
|
REPORT
Background
At its 29 March 2017 meeting, Council resolved to authorise the CEO to finalise LDCP (Amendment 25), once the Liverpool city centre LEP amendment, LLEP 2008 (Amendment 52) was finalised by the Department of Planning, Industry and Environment (DPIE). However, in finalising LLEP 2008 (Amendment 52), DPIE made changes to the LEP amendment, which necessitated the re-drafting of Part 4 LDCP 2008, to make it consistent with Amendment 52 as gazetted by DPIE.
At its 20 October 2019 meeting, Council resolved to re-exhibit draft Liverpool Development Control Plan (LDCP) 2008 (Amendment 25) for 28 days and that a briefing be arranged for Councillors during the exhibition period. This briefing to Councillors was undertaken on 26 November 2019. Council also resolved to receive a further report on the outcomes of public exhibition.
Consistent with the requirements of Clause 21A of the Environmental Planning and Assessment Regulation 2000, the redraft of Part 4 of LDCP 2008 was also referred to the Liverpool Design Excellence Panel (DEP) for consideration. A briefing was held with the Panel on 14 November 2019.
This report was originally presented to the 26 February 2020 Council meeting for consideration. Council resolved to defer consideration pending a further briefing session. A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.
Public exhibition
Public exhibition commenced on 6 November 2019 and concluded on 4 December 2019. Two submissions were received, one from Endeavour Energy and the other from Council’s Floodplain and Water Management department. Copies of Part 1 and Part 4 of the LDCP (with tracked changes incorporating recommended amendments) are included in Attachment 1 and Attachment 2 respectively.
Endeavour Energy submission
Endeavour Energy requested that the Council reconsider controls in Sections 4.2.5 and 4.3.6 of Part 4 of LDCP 2008, which require that:
· Electricity substations … must be properly integrated into the building design to minimise disruption and visual clutter in the ground plane and streetscape (Section 4.2.5, control 3, subsection k); and
· Electricity substations (where required) shall be situated within the building or its basement (Section 4.3.5, control 4).
The Endeavour Energy submission states that Endeavour Energy prefers the use of pad-mount substations, constructed outside buildings, often in the public domain. Nevertheless, the Endeavour Energy submission also notes that, “this may leave limited opportunity for landscaping or screening or adoption of prudent avoidance principles”. It goes on to note that, “The utilisation of indoor substations where appropriate may help ensure quality urban outcomes across the Liverpool city centre.”
While external pad-mount substations are the preference of Endeavour Energy, the submission makes clear that Council may prefer that substations are incorporated into the building design to ensure quality urban outcomes across the city centre. Referral of specific Development Applications to Endeavour Energy would continue to occur, pursuant to the requirements of State Environmental Planning Policy (Infrastructure) 2007, giving Endeavour Energy the opportunity to comment on a particular development.
Council has requested a meeting with senior staff at Endeavour Energy to discuss how we may collaborate to ensure the need for additional substations do not compromise quality public realm in Liverpool city centre.
It is recommended that no changes to this clause be made.
Councillor Briefing
As required by the Council resolution of 20 October 2019, a briefing was held for Councillors on 26 November 2019. Councillors were briefed in detail on the proposed amendments to Part 4 of the DCP. Questions raised and the response is detailed in the Summary and Response to Submissions table (Attachment 3).
Some Councillors raised concern about the lack of parking in the Liverpool CBD and requested consideration be given to increasing requirements for on-site parking in the Liverpool city centre, to account for perceived higher use of cars in the community.
It was advised in the briefing that:
· Minimum parking rates, for developments in the Liverpool city centre on land zoned B3 Commercial Core or B4 Mixed Use are determined by Clause 7.3 of LLEP 2008 and that under the Environmental Planning and Assessment (EP&A) Act 1979, provisions of a DCP may not contradict those of an LEP;
· Section 3J of the Apartment Design Guidelines (ADG), prepared in accordance with State Environmental Planning Policy (SEPP) 65, reduces the requirement for on-site parking for buildings developed within 800m of a metropolitan railway station. This provision takes precedence over parking rates in the LLEP 2008 and LDCP 2008; and
· Most residential flat buildings and mixed-use buildings in the Liverpool City Centre are within 800m of either Liverpool or Warwick Farm railway stations and are therefore subject to reduced parking requirements.
The DCP must be consistent with the provisions of the LEP and SEPP 65. It is therefore recommended that no changes to this Clause be made.
A further briefing session was held for Councillors on 11 March 2020 and was in addition to the briefing session held on 26 November 2019.
Liverpool Design Excellence Panel
The redraft of Part 4 LDCP 2008 was provided to the DEP on 8 November 2019, pursuant to the requirements of Clause 21A of the Environmental Planning and Assessment Regulation 2000. A detailed briefing was provided to the DEP on 14 November 2019. The DEP did not provide any comments on the DCP changes and therefore no changes have been proposed.
Council submission
The submission from Council’s Floodplain and Water Management department proposes minor amendments to Section 6 of Part 1 of the DCP - Water Cycle Management, including subsections 6.1, 6.4 and 6.5. The minor amendments seek to achieve consistency throughout the DCP to encourage the harvest of rainwater and urban stormwater run-off, where appropriate, and to clarify requirements for the disposal of pumped stormwater to Council’s stormwater pits. Full details of the proposed amendments are included in the Summary and Response to Submissions document (Attachment 3).
The proposed amendments increase the clarity and functionality of the DCP. It is recommended that these proposed amendments to Part 1 LDCP 2008 be adopted.
Conclusion
Finalisation of Draft LDCP 2008 (Amendment 25) will update the Liverpool Development Control Plan 2008, to make it consistent with LLEP 2008 (Amendment 52). The amended DCP will provide accurate guidance to those wishing to redevelop property in the Liverpool City Centre, in particular those wishing to take advantage of the development bonuses afforded by Clause 7.5A of LLEP 2008.
It is recommended that Council adopt the changes to Part 1 and 4 of the DCP and authorises the CEO to finalise Amendment 25 including the correction of any minor typographical errors to come into effect upon the publication of the required notice in the local newspaper.
CONSIDERATIONS
|
Economic |
Facilitate economic development. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Regulate for a mix of housing types that responds to different population groups such as young families and older people. |
Civic Leadership |
There are no civic leadership and governance considerations. |
|
Legislative |
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000. |
ATTACHMENTS
1. Part 1 DCP (with post exhibition amendments) (Under separate cover)
2. Part 4 DCP (as exhibited) (Under separate cover)
3. Summary and Response to Submissions (Under separate cover)
146
Ordinary Meeting
29 April 2020
City Economy and Growth Report
|
EGROW 09 |
Out of Office Hours Compliance Officers |
|
Strategic Direction |
Strengthening and Protecting our Environment Develop, and advocate for, plans that support safe and friendly communities |
|
File Ref |
057507.2020 |
|
Report By |
Nada Mardini - Manager Community Standards |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
At its meeting of 26 February 2020, Council resolved:
That Council:
1. Provide a costing report to the March Council meeting for providing on the ground services by compliance officers during, and between 7am – 9am and 4pm – 10pm seven days a week each year.
2. Consider:
a. Cost to employ directly such officers under stipulated agreement to the hours needed by Council and not subject to overtime rates; and / or
b. Cost in overtime to utilise existing compliance officers on a rotation basis to service the out of hours requirements of Council; and / or
c. Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.
This report addresses the above resolution and provides the costings for rostered staff to cover the hours between 7am and 10pm seven days per week. This cost is estimated to be $770,000 annually or if an on-call roster is preferred, the estimate cost is $90,000 annually.
|
That Council receive and note the report.
|
REPORT
At its meeting of 26 February 2020, Council resolved:
That Council:
1. Provide a costing report to the March 2020 Council Meeting for providing on the ground services by compliance officers during, and between 7am – 9am and 4pm – 10pm seven days a week each year.
2. Consider:
a. Cost to employ directly such officers under stipulated agreement to the hours needed by Council and not subject to overtime rates; and / or
b. Cost in overtime to utilise existing compliance officers on a rotation basis to service the out of hours requirements of Council; and / or
c. Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.
Current Working Hours
It is assumed that areas of concern that resulted in the above resolution relate to parking enforcement and noise complaints outside Council’s normal operating hours. These areas are currently dealt with by the Regulatory Services group (Parking Officers and Rangers). Noise matters are handled by the Environmental Health Officers (other than barking noise which is handled by Rangers).
The Rangers currently work on a seven days a week roster between 8am and 4.30pm with the Animal Rangers on call 24 hours a day, seven days a week. Parking Officers working within the Liverpool CBD on foot, work between 8am and 4.30pm enforcing Road Rules, particularly relating to metered parking.
The Environmental Health Officers who deal with noise complaints work under a flexible working hours arrangement covering core hours between 8am and 6pm.
Work, Health & Safety Consideration
Any proposal to provide compliance services outside of normal business hours must consider Council’s Work, Health and Safety obligations under current Workplace Safety laws. Council’s Safety & Wellbeing Coordinator has provided advice on this proposal, including risks that would need to be managed if this proposal proceeds:
· Managing the risk of slips, trips and falls by working in the dark. Most areas in the CBD are artificially lit and some areas in the CBD and outer suburbs are not well lit;
· Ensuring that there is adequate support for workers operating outside Council’s general operating hours up to 10pm, including escalation notification to a supervisor if any incidents occur; and
· Managing the risks of potential assaults on staff as foot traffic in the CBD after hours is less than during the day, especially in areas away from Westfield and areas that are popular in the CBD after hours; as well as outside the CBD.
Costing of the Proposals
The following costings have been provided as required by Council’s resolution.
(a) Rostered staff to cover the hours of 7am to 10pm.
This proposal will require two shifts. One shift will work between 7am to 3.30pm and the other shift from 1.30pm to 10pm. This arrangement would require Council to employ an additional eight Rangers at an annual estimated cost of $770,000.
(b) On call staff to deal with after-hours matters
This proposal will be based on response to complaints and will cover both the Rangers and Environmental Health Officers. The estimated cost will depend on how regularly the Officers are called out. Using available data, it is estimated that the cost for this proposal would be $90,000.
(c) Contractual agreement through a local business with payment on invoice to Council for services supplied in responding to incidences within the outlined times.
It is not recommended that Council consider contracting out enforcement services. The two options described above demonstrate that, subject to appropriate management of risk and an appropriate budget allocation, Council can implement the proposal by either rostered staff or on call staff.
CONSIDERATIONS
|
Economic |
Provide efficient parking for the City Centre. Enhance the environmental performance of buildings and homes. Facilitate economic development. |
|
Environment |
Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes. Raise community awareness and support action in relation to environmental issues. |
Social |
Raise awareness in the community about the available services and facilities. |
Civic Leadership |
Act as an environmental leader in the community. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Local Government Act 1993 Local Government (State) Award |
151
Ordinary Meeting
29 April 2020
City Community and Culture Report
|
COM 01 |
Alcohol Free-Zones in the Liverpool Local Government Area |
|
Strategic Direction |
Creating Connection Implement access and equity for all members of the community |
|
File Ref |
070863.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
Established by a local council, an Alcohol-free Zone (AFZ) is an area where drinking of alcohol is prohibited. Alcohol-free zones are implemented as an early intervention method to prevent the escalation of street drinking. An AFZ can only be established to include a public road, footpath, or public car park. AFZs have been shown to be a successful way of reducing alcohol related crime and behaviour in known hot spots.
AFZs have been implemented and enforced within the Liverpool Local Government Area (Liverpool LGA) for a number of years. The Liverpool AFZs most recent review was conducted in 2015 and signs across thirty five (35) locations were updated for a period of four years. The Liverpool City Police Area Command (Liverpool City PAC) have submitted applications to Council for the renewal of the thirty five existing AFZs. Additionally, a new AFZ for the Carnes Hill Community and Recreation Precinct has been proposed. Subsequently, in January 2020 details of all zones were submitted to Anti-Discrimination NSW for approval. Approval for the re-establishment of Liverpool’s AFZs was granted by Anti-Discrimination NSW In March 2020.
This report recommends that Council endorses the re-establishment of AFZs in Liverpool and exhibit the AFZ sites for public comment for a 30 day period, as required by the Ministerial Guidelines for Alcohol Free Zones.
|
That Council:
1. Endorses the recommended sites for re-establishment of Liverpool Alcohol-Free Zones (AFZ);
2. Places the recommended AFZs on public exhibition for a period of 30 days as required by the Ministerial Guidelines on Alcohol-Free Zones; and
3. Delegates to the CEO the finalisation of the recommended AFZs if no submissions are received; or receive a further report outlining details of the submissions received at the conclusion of the exhibition period. |
REPORT
BACKGROUND
AFZs have been implemented and enforced within the Liverpool LGA for a number of years. The Liverpool AFZs most recent review was conducted in 2015 and signs across 35 locations were updated for a period of 4 years, to 2019. Liverpool’s AFZs are inclusive of small areas of public space, typically in locations adjacent to outlets supplying alcohol such as pubs, clubs and liquor stores. These locations were identified in consultation with Liverpool City PAC, service providers and internal stakeholders including Community Standards and Legal Services. The AFZs have been enforced in known hotspots in Liverpool where street drinking occurs, aiming to minimize community safety concerns and anti-social behaviour.
AFZs are implemented as an early intervention method to prevent the escalation of irresponsible street drinking. The AFZs aim to:
· Create easily identifiable locations where street drinking is prohibited;
· Intervene and prevent the escalation of irresponsible street drinking;
· Reduce and prevent alcohol related crime and behaviour;
· Inform and educate community members about the importance of eradicating alcohol consumption within these areas;
· Create a safe environment for all community members;
· Provide opportunities for collaboration with the Liverpool City PAC and relevant community organisations to promote healthier behaviours; and
· Monitor alcohol consumption in known hotspot locations.
AFZs RENEWAL PROCESS
The Ministerial Guidelines for AFZs, overseen by Anti-Discrimination NSW, requires that requests for AFZs must be made to Council by a member of the NSW Police Force, a community organisation or a member of the general public. The proposed zones are then submitted to Anti-Discrimination NSW for their review and approval. This process also requires a public exhibition period of 30 days to allow comment and feedback from the community.
Council’s Community Development and Planning team has consulted with Liverpool City PAC and relevant stakeholders to determine the necessity of renewing the existing AFZs in Liverpool. The feedback received identified the need for AFZs to be reinstated in the existing locations as a strategy to manage and reduce alcohol related crime and behaviour.
The Liverpool City PAC have submitted applications to Council for the renewal of the thirty five existing AFZs and an additional AFZ application for the Carnes Hill Community and Recreation Precinct. Subsequently, as required by the Ministerial Guidelines, details of all zones were submitted to Anti-Discrimination NSW for approval in January 2020. As of March 2020, approval has been granted to Council by Anti-Discrimination NSW for the re-establishment of Liverpool AFZs. Following the required period of public exhibition, Liverpool’s AFZs will be re-established for a further four-year period to 2024.
PROPOSED LOCATIONS
The table below outlines the recommended locations to re-establish the AFZs within the Liverpool LGA and to update signs at designated locations.
|
Location Description |
Previous term |
Number of signs |
|
Macquarie St and Northumberland St (bounded by Campbell St and Hume Highway) – Liverpool City centre |
29/04/15 – 29/04/19 |
2 |
|
Castlereagh St – Liverpool City Centre |
29/04/15 – 29/04/19 |
1 |
|
Bathurst St – Liverpool City Centre |
29/04/15 – 29/04/19 |
1 |
|
Northumberland St – Liverpool City Centre |
29/04/15 – 29/04/19 |
5 |
|
Macquarie St – Liverpool City Centre |
29/04/15 – 29/04/19 |
5 |
|
George St – Liverpool City Centre |
29/04/15 – 29/04/19 |
9 |
|
Bigge St (including Liverpool Bus Rail exchange) – Liverpool City Centre |
29/04/15 – 29/04/19 |
9 |
|
Goulburn St – Liverpool City Centre |
29/04/15 – 29/04/19 |
2 |
|
Campbell St – Liverpool City Centre |
29/04/15 – 29/04/19 |
1 |
|
Elizabeth St – Liverpool City Centre |
29/04/15 – 29/04/19 |
1 |
|
Moore St – Liverpool City Centre |
29/04/15 – 29/04/19 |
2 |
|
Memorial Ave – Liverpool City Centre |
29/04/15 – 29/04/19 |
8 |
|
Scott St – Liverpool City Centre |
29/04/15 – 29/04/19 |
1 |
|
Railway St – Liverpool City Centre |
29/04/15 – 29/04/19 |
7 |
|
Pirie St – Liverpool City Centre |
29/04/15 – 29/04/19 |
5 |
|
Hill Rd (between Wonga Rd and Lions Ave) – Lurnea |
29/04/15 – 29/04/19 |
1 |
|
Reilly St (between West St and Webster Rd) – Lurnea |
29/04/15 – 29/04/19 |
6 |
|
Ingham Dr (roadway and pathway area including street parking facility outside Casula Community Centre and Library) – Casula |
29/04/15 – 29/04/19 |
9 |
|
Maryvale Ave (shop frontage between Memorial Ave and St Paul’s Cres, roadway and footpath area) – Liverpool |
29/04/15 – 29/04/19 |
1 |
|
Mannix Parade (shops between Lawrence Hargrave Dr and McGirr Parade) – Warwick Farm |
29/04/15 – 29/04/19 |
3 |
|
Khancoban St (along shop frontage) – Heckenberg |
29/04/15 – 29/04/19 |
4 |
|
Green Valley Rd (along shop frontage) – Green Valley |
29/04/15 – 29/04/19 |
2 |
|
Willian Dr (along shop frontage) – Cartwright |
29/04/15 – 29/04/19 |
4 |
|
Sutton Rd and Sinclair Rd (adjacent to shops) - Ashcroft |
29/04/15 – 29/04/19 |
2 |
|
Miller Shopping Centre car park |
29/04/15 – 29/04/19 |
2 |
|
The Hub – Miller |
29/04/15 – 29/04/19 |
3 |
|
Lady Woodward Cres and Shropshire St – Miller |
29/04/15 – 29/04/19 |
8 |
|
Edmondson Ave and Tenth Ave (adjacent to shops and Austral Public School) – Austral |
29/04/15 – 29/04/19 |
4 |
|
Eastern and Western side of Hume Highway (bounded by Atkinson St and Hoxton Park Rd) – Hoxton Park |
29/04/15 – 29/04/19 |
3 |
|
Both sides of Hoxton Park Rd to the intersection of Gill Ave – Hoxton Park |
29/04/15 – 29/04/19 |
1 |
|
Gill Ave – Hoxton Park |
|
1 |
|
Gillespie St – Liverpool |
29/04/15 – 29/04/19 |
4 |
|
Pearce St – Liverpool |
29/04/15 – 29/04/19 |
17 |
|
Atkinson St – Liverpool |
29/04/15 – 29/04/19 |
8 |
|
Bathurst Street car park (near Northumberland St entry) – Liverpool City Centre |
29/04/15 – 29/04/19 |
3 |
|
Carnes Hill Community and Recreation Precinct (within area bordered by Beard Creek, Cowpasture Rd, Kurrajong Rd and Margaret Dawson Drive) – Carnes Hill |
29/04/15 – 29/04/19 |
1 |
SIGNAGE
Signs are placed on the outer limits of the zone, at the site of known hotspots and at any other suitable intervals within the zone. The AFZ signs indicate that the drinking of alcohol is prohibited within that given area. The start and finish dates of the term are included on the sign, ensuring community members are aware of the valid term for the AFZ. The signs across the Liverpool LGA will be consistent and with easily recognised symbols. To avoid confusion, graphic representation will be used on the signs making them easily recognizable by members of the public.
ENFORCEMENT
Once implemented, AFZs are enforceable by any Officer of the NSW Police Force.
The power to seize and tip out or otherwise dispose of alcohol without the need to issue a warning applies within an AFZ. A Police Officer may use their discretion to issue a warning to a person who is drinking in an AFZ. An individual who does not comply with an AFZ order, at the direction of a Police Officer, can be charged with obstruction under Section 660 of the Local Government Act 1993. This offence carries a maximum penalty of $2,200.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support policies and plans that prevent crime. Promote community harmony and address discrimination. |
Civic Leadership |
Foster neighborhood pride and a sense of responsibility. |
|
Legislative |
Section 646 (1) of the Local Government Act, 2009. Ministerial Guidelines on Alcohol Free Zones. |
155
Ordinary Meeting
29 April 2020
City Community and Culture Report
|
COM 02 |
Community Development and Planning Committee Charters |
|
Strategic Direction |
Creating Connection Implement access and equity for all members of the community |
|
File Ref |
082328.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
Council Committee charters are reviewed bi-annually to ensure they are in compliance with relevant Council policies and guidelines.
This report is tabled in order to present the updated charters for the following Committees:
· Liverpool Access Committee;
· Liverpool Community Safety and Crime Prevention Advisory Committee;
· Aboriginal Consultative Committee; and
· Liverpool Youth Council.
|
That Council receives and endorses the following updated charters:
· Liverpool Access Committee;
· Liverpool Community Safety and Crime Prevention Advisory Committee;
· Aboriginal Consultative Committee; and
· Liverpool Youth Council.
|
REPORT
The following Council Committee charters are due for bi-annual review. The following charters have been reviewed, updated and are attached for Council’s endorsement:
· Liverpool Access Committee Charter;
· Liverpool Community Safety and Crime Prevention Advisory Committee Charter;
· Aboriginal Consultative Committee Charter; and
· Liverpool Youth Council.
Each charter has been reviewed by Council staff, in consultation with members of the committees and Council’s Governance department to ensure compliance with relevant Council policies and guidelines. The charters identified a number of actions which Council staff are required to undertake in order to ensure the committees’ functions and operations are in accordance with Council guidelines.
The review and feedback from members of the committees has resulted in some changes to all charters, including changes to quorums and frequency of meetings. All charters have been updated with formatting and minor word editing. Details of changes to each individual charter are outlined in this report.
Liverpool Access Committee Charter
The review of the Liverpool Access Committee Charter recommends the following changes:
· 9.4.2 – Committee members who cannot attend a meeting may delegate a representative to attend the meeting on their behalf by notifying Council officers prior to the meeting. This representative would then be included in the quorum;
· 10.1 - change of the quorum requirements to a number of Committee members (4), rather than half-plus-one;
· 12.1 – changed meeting frequency to bi-monthly; and
· Appendix 2b – Committee members can raise items as general business during the meeting. Items do not need to be submitted prior to the meeting.
Liverpool Community Safety and Crime Prevention Advisory Committee Charter
The review of the Liverpool Community Safety and Crime Prevention Advisory Committee Charter recommends the following change:
· 10.1 – change of the quorum to a number (10) of participants, rather than half-plus-one; and
· 13.1 – remove the phrase “unless otherwise specified in this Charter” in reference to meetings being conducted in accordance with Council’s Code of Meeting Conduct.
Aboriginal Consultative Committee Charter
The review of the Aboriginal Consultative Committee Charter recommends no changes, other than formatting and minor word editing.
Liverpool Youth Council Charter
The review of the Liverpool Youth Council Charter recommends the following changes:
· The removal of references to the “Community Development Assistant”. This role no longer exists;
· 8.4.1(h) – clause added to stipulate that all Youth Council members aged over 18 years must hold a valid volunteer’s Working with Children Check (WWCC); and
· 8.6.5 – include a new position in the “Office Bearer” clause, “Youth Liaison Representative”.
The recommended changes to the charters do not impact on the structure or delivery of the Committees, rather they improve operation and standardisation of the charters.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support policies and plans that prevent crime. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. Support access and services for people with a disability. |
Civic Leadership |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Aboriginal Consultative Committee Charter April 2020
2. Liverpool Access Committee Charter April 2020
3. Liverpool Community Safety and Crime Prevention Advisory Committee Charter April 2020
|
165 |
|
|
COM 02 |
Community Development and Planning Committee Charters |
|
Attachment 1 |
Aboriginal Consultative Committee Charter April 2020 |
|
COM 02 |
Community Development and Planning Committee Charters |
|
Attachment 2 |
Liverpool Access Committee Charter April 2020 |
|
COM 02 |
Community Development and Planning Committee Charters |
|
Attachment 3 |
Liverpool Community Safety and Crime Prevention Advisory Committee Charter April 2020 |
|
COM 02 |
Community Development and Planning Committee Charters |
|
Attachment 4 |
Liverpool Youth Council Charter April 2020 |
Ordinary Meeting
29 April 2020
City Community and Culture Report
|
COM 03 |
Response to NOM 2 - Ferrington Park |
|
Strategic Direction |
Leading through Collaboration Encourage community participation in decision-making |
|
File Ref |
042967.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
At its meeting on 25 September 2019, Council resolved to:
· Work with all the stakeholders involved in the Ferrington Park project to document the lessons learned and develop a policy to encourage similar projects throughout the LGA; and
· Bring a draft policy back to Council by March 2020.
The Ferrington Park Project was initiated in 2017 as a place-making concept to engage community members in the planning, design and management of an underutilised public space. As a pilot community capacity building and partnership initiative, the project provided an opportunity for Council to closely support the local residents and Liverpool Men’s Shed to redevelop a small pocket park at Ferrington Crescent, Liverpool for the benefit of residents. The lessons learnt from the project are documented in this report.
Council’s Recreation, Open Space and Sports (ROSS) Strategy which was adopted in 2018, provides strategic direction to Council for the planning and delivery of recreation facilities, parks, open space and sports infrastructure. The ROSS Strategy includes the framework for classification of parks and open space; and pocket parks are considered as part of this hierarchy.
While Council decided that a Policy be developed, the review of existing strategies and programs, such as the ROSS Strategy, has found that initiatives similar to Ferrington Park are adequately covered by Council’s adopted strategies and programs. This report recommends that instead of a standalone policy, revitalisation of open spaces, including the pocket parks are aligned with the strategic direction and action plan of the ROSS Strategy, Council’s delivery program; and in accordance with community needs, gaps and demand analysis. To address future challenges similar to the Ferrington Park Project, the report also recommends the development of an Assessment and Planning Framework when working with the community on open space revitalisation projects.
|
That Council:
1. Notes the alignment of revitalisation of pocket parks with Council’s Recreation, Open Space and Sports Strategy; and
2. Notes the development of an Assessment and Planning Framework when working with the community on open space revitalisation projects.
|
REPORT
BACKGROUND AND LESSONS LEARNED
The Ferrington Park Project was initiated in 2017 as a place-making concept to engage community members in the planning, design and management of underutilised public spaces. The project was initiated through a $15,000 Matching Grant from Council’s Grants and Donations Program. The project provided an opportunity for Council to work closely with the local residents to redevelop a local park for the benefit of residents. The primary role of Council was to assist local residents to work with residents and the Liverpool Men’s Shed to revitalise the local park.
The Ferrington Park Project was a community-led revitalisation initiative which focused on the redevelopment of a Pocket Park in Ferrington Crescent, Liverpool. A group of residents, the Ferrington Collaborative, the Men’s Shed and Council worked together to redevelop the land into an inviting space for residents and their families to meet and play.
Challenges
As a pilot community capacity building partnership initiative, the project presented many challenges throughout its implementation. The challenges that needed to be rectified during project implementation phase included:
· The initial project scope changed from renewal of a portion of the site to include all of the park;
· The changed scope of works resulted in realignment of the capital works program to respond to project objectives;
· Compliance with Council’s WHS and parks and open space requirements needed to be built into the project;
· While the Ferrington Collaborative remained as project lead, to meet these requirements, Council assumed responsibility for delivery of a majority of the redevelopment works including kerbs, footpaths, concrete and play equipment which impacted on staff resources;
· To maintain public safety it was determined that Council would maintain mowing of the grass; and
· Due to changed project scope, the project delivery timeframe was prolonged by approximately 12 months.
The Ferrington Park Project was initiated prior to the development and endorsement of the ROSS Strategy. Elements of the project were not effectively researched and understood by all project partners, which had implications on the design, plans and delivery of the project. An example of this occurred where the Men’s Shed was responsible for designing and building a picnic table for the park. Built with recycled materials, this table did not meet compliance standards, and therefore it could not be installed in the park. As this element of the project had not been accurately scoped and considered, staff time and resources were redirected to ensure the new features met Council’s safety compliance standards.
The cost and scope of this project well exceeded the funding allocated through the Grants, Donations and Corporate Sponsorship Program. Numerous Council departments including Community Development and Planning, Infrastructure Delivery and City Works contributed significant staff and physical resources including the provision of:
· Playground equipment;
· Concrete – supply and installation of footpaths;
· Mulch;
· Garden edging;
· Sandstone boulders;
· Soil contamination report;
· Plants and soil; and
· Grant and project management support.
Costs for these additional works were redirected from other projects scheduled as part of Council’s ongoing capital works and maintenance programs. The ongoing maintenance of Ferrington Park such as the mowing of grass, pruning of trees, weeding of gardens and general maintenance has been included as part of Council’s parks maintenance.
Opportunities
While the project experienced a number of setbacks and resulted in additional costs, the long-term social capital and outcomes for the community have exceeded the challenges. Neighbourhood parks could serve as a focal point to build a safe and cohesive community, as demonstrated through the Ferrington Park Project. The project provided a platform for local residents to:
· Meet on regular basis to develop and design the project ideas, build a sense of ownership and capacity;
· Make decisions on how they intend to utilise the open space in their street;
· Develop partnerships and build relationships with Council and members of the Liverpool Men’s Shed;
· Engage the whole community, including children, in the design and development of the park;
· Improve their understanding and capacity of Council’s policies and procedures, including renewal and management of open space; and
· Develop skills in grant applications, reporting and acquittal.
Ultimately, in spite of the challenges faced throughout the project, the Ferrington Park Project has resulted in a welcoming and renewed open space in which the residents of Ferrington Crescent take a great deal of pride in what they have achieved. It will be necessary for Council to monitor and evaluate the residents’ interactions with the park and its broader community utilisation over the coming years to determine if the community engagement and ownership of the park remains at its current level. Further, the revitalisation of parks and open space, including pocket parks, needs to be aligned with Council’s strategic directions and action plan outlined in the ROSS Strategy and Council’s delivery program; inclusive of community needs, utilisation and demand analysis. This realignment could also include exploring external funding options to supplement the capital works program such as the My Community Grants Program.
RECREATION, OPEN SPACE AND SPORTS STRATEGY 2018-2028
The Recreation, Open Space and Sports (ROSS) Strategy endorsed in 2018, provides strategic directions to Council for the planning and delivery of recreation and sporting fields, parks, open space and sports infrastructure. The strategy guides Council to create best practice recreation, open space and sports facilities for the community and seeks to plan for the future needs of a diverse and growing population of Liverpool. The Strategy further provides a set of core principles and outlines the classification framework for development and management of open space.
The ROSS Strategy includes the framework for classification of parks and open space. The pocket parks are considered as part of this hierarchy.
DEFINITION AND HIERARCY OF POCKET PARKS
A pocket park is a small park accessible to the general public. Pocket parks serve small communities of less than 500 people and are generally sized between 100-500m2. Historically they were created in established areas on single vacant building blocks, such as the one in Ferrington Crescent, irregular parcels of land or to create linkages between streets.
Pocket parks are now more commonly created as a component of the public space requirement of large density projects, such as new housing or mixed-use developments. Pocket parks are typically found in high density areas and are intended in part to increase the ratio of open space to build infrastructure such as housing, commercial and retail spaces in an area.
Along with other recreation and open space facilities, pocket parks are included in the ROSS Strategy hierarchy for classification of Liverpool’s open space as follows:
|
Classification |
Approximate size (sq.m) |
|
Regional Park |
10,000 -15,000 |
|
District Park |
5,000 - 10,000 |
|
Neighbourhood Park |
1,500 – 5,000 |
|
Local Park |
500 – 1,500 |
|
Pocket Park |
100 - 500 |
|
Natural reserve |
3,000 or more |
It is acknowledged that classification of parks and open space is not sufficient enough to guide their renewal, operation and maintenance. Aligned with the ROSS Strategy, it is recommended that an Assessment and Planning Framework be developed that allows partnership opportunities for open space revitalisation projects similar to the Ferrington Park Project.
This recommended two-stage framework would take into consideration criteria and key elements of such projects as follows:
Planning Phase
· The zoning and classification of a nominated piece of land;
· Site feasibility;
· Community objectives and the communities’ capacity to participate; and
· Project alignment with Council strategies, action plans, guidelines, financial implications, plans of management and master plans.
Implementation Phase
· Develop a project plan for projects that meet the above criteria;
· Define the roles and responsibilities of all stakeholders;
· Identify resources (physical, staff and financial) required to implement the project;
· Identify appropriate funding sources;
· Outline the timeframe for delivery, particularly with consideration to time constraints of grant funding, where applicable; and
· Develop a detail plan for the ongoing management and maintenance of the space.
CONCLUSION
Since the development of the Ferrington Park Project in 2017, Council has adopted the ROSS Strategy (2018) which provides strategic direction for planning, design, construction and management of parks and open space. The lessons learnt from the Ferrington Park Project demonstrates the need to align revitalisation of parks and open space with existing strategies; and with the delivery and operational plans. While Council decided that a Policy be developed, the review of existing strategies and programs, such as the ROSS Strategy, has found that initiatives similar to Ferrington Park are adequately covered by Council’s adopted strategies and programs. Therefore, this report recommends that alignment and revitalisation of such projects are planned in accordance with existing strategies and programs and in response to community needs, gaps and demand, rather than a standalone policy.
Incorporating future projects of a similar nature into the ROSS Strategy will ensure Council is implementing projects which align with its strategic direction, plans, programs, policies, guidelines, plans of management and master plans. This approach will also ensure that any community-led revitalisation projects are aligned with identified community needs and Council’s delivery framework and scope for parks and open space in Liverpool.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination. |
Civic Leadership |
Foster neighbourhood pride and a sense of responsibility. Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
|
Legislative |
There are no legislative considerations relating to this report. |
216
Ordinary Meeting
29 April 2020
City Corporate Report
|
CORP 01 |
Car parking options within 100 metres of Liverpool train station |
|
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
|
File Ref |
095230.2020 |
|
Report By |
John Milicic - Manager Property |
|
Approved By |
George Hampouris - Acting Director City Corporate |
Executive Summary
Council at its meeting on 26 February 2020, as part of the Liverpool City Centre Car Parking Strategy report, resolved that Council officers identify locations within 100m of Liverpool train station, which Council owns or can acquire for a carpark, and for this to be reported to the April 2020 Council meeting.
It has been identified that Council owns no land within the specified 100 metre radius of Liverpool train station. The land holdings are primarily in the ownership of NSW Government as outlined in this report.
It is recommended that Council receive and note this report.
|
That Council receive and note this report.
|
REPORT
Council at its meeting on 26 February 2020, as part of the Liverpool City Centre Car Parking Strategy, resolved that Council officers identify locations within 100m of Liverpool train station, which Council owns or can acquire for a carpark, and for this to be reported to the April 2020 Council meeting.
The following is a map that identifies a 100 metre radius of the Liverpool train station.
In investigating the land holdings within the100m radius, it is identified that there are no sites owned by Council. A section of Light Horse Park, which is NSW Crown Land is managed by Council as the Crown Land Manager under the Crown Land Management Act 2016.
The section of Light Horse Park situated within the 100 metre radius is identified as being in the high flood risk category adjoining the Georges River and unlikely to be a viable option for the provision of car parking.
The predominant land holdings around the station perimeter are owned by Rail Corporation NSW which form part of the station precinct, including commuter car parking and bus interchange.
An opportunity may exist for Transport for NSW to consider parking options either underground or to provide decked parking in any future planning for the site, given the potential floor plate footprint available if all NSW Government land holdings in the Liverpool train station precinct were to be consolidated.
Although part of the radius includes private properties, it is considered that due to the nature of existing improvements and businesses, that the opportunity to acquire a reasonable sized footprint for construction of a car park within the100 metre radius is significantly limited.
It is recommended that Council receive and note this report.
CONSIDERATIONS
|
Economic |
Further develop a commercial centre that accommodates a variety of employment opportunities. Provide efficient parking for the City Centre. |
|
Environment |
Support the delivery of a range of transport options. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. |
|
Legislative |
There are no legislative considerations relating to this report. |
220
Ordinary Meeting 29 April 2020
City Corporate Report
|
CORP 02 |
Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society |
|
Strategic Direction |
Creating Connection Celebrate diversity, promote inclusion and recognise heritage |
|
File Ref |
300783.2019 |
|
Report By |
Michal Szczepanski - Senior Property Officer |
|
Approved By |
George Hampouris - Acting Director City Corporate |
Executive Summary
In response to a notice of motion supporting the identification of a permanent and prominent home for the City of Liverpool and District Historical Society (CLDHS), the following motion was adopted by Council:
Prepare a report which includes possibilities for the precinct, on the cost of a new iconic community building with a Liverpool History theme to be erected parallel to the Hume Highway in the Destination Precinct for a new community hall and in view of providing a new permanent home for the City of Liverpool and District Historical Society
MBM Quantity Surveyors were engaged to prepare indicative cost plans, allowing for four different building size scenarios. The resulting cost estimates ranged between $4,198,997 +GST for a 200 square metre building, up to $9,604,263 +GST for a 1,000 square metre building.
Based on the potential capital costs identified in the MBM Cost Plan reports, and new opportunities which may arise as a result of the Liverpool Civic Place development, and the master planning of other Liverpool Council owned sites including the existing Liverpool Regional Museum site, it is recommended that a further review of potential locations for CLDHS be undertaken in the next 3 to 5 years.
|
That Council:
1. Receives and notes this report;
2. Maintains the CLDHS in their existing location on the basis of the preliminary cost analysis provided in this report; and
3. Undertakes further reviews of potential locations for the CLDHS within a three to five year timeframe, as new opportunities arise as a result of the Liverpool Civic Place development, and the master planning of other Liverpool City Council owned sites, including the existing Liverpool Regional Museum site.
|
REPORT
DETAILS OF THE PROPOSED LOCATION:
The identified location of the proposed building encompasses the following Lots, both of which are classified as ‘Community Land’ and zoned RE1 Public Recreation.
1. Lot 184 DP 241158
2. Lot 100 DP 788434
Site Plan:
ESTIMATED CONSTRUCTION COSTS:
MBM Quantity Surveyors were engaged to prepare indicative cost plans to construct a new iconic community building with a Liverpool History theme, to be erected parallel to the Hume Highway for a new community hall and small office space.
The cost estimates are summarised in the table below, and the Cost Plans have been attached to this report for reference. It is noted that the existing Liverpool Regional Museum building is approximately 500 square metres in size, as comparison.
|
Building Size |
CONSTRUCTION COST ESTIMATES (excluding GST) |
|
200 square metres |
$4,198,997 |
|
300 square metres |
$4,874,046 |
|
500 square metres |
$6,063,522 |
|
1,000 square metres |
$9,604,263 |
The design scoping and development exercise would require engagement of a specialist architect who has experience in heritage sites and museum buildings.
A heritage architect to provide advice and an Aboriginal heritage consultant would also be required to undertake an assessment of the impacts. The cost of engagement of all three could range between an estimated $100,000 and $200,000 over and above the construction estimates noted in the table above.
Operational Costs:
The ongoing annual building operational outgoings rate has been assumed to be $100 per square metre, which is considered an average rate for an office building in Sydney. This cost typically includes all statutory and operational costs required to operate a building.
|
Building Operational Costs (excluding GST) |
|
|
Building Size |
Annual Cost |
|
200 square metres |
$20,000 |
|
300 square metres |
$30,000 |
|
500 square metres |
$50,000 |
|
1,000 square metres |
$100,000 |
Other considerations:
The proposed location forms part of the State Heritage Listing for Collingwood House and Parklands. Proposed development may trigger a requirement for archaeology studies, and the design would need to consider maintaining views to Collingwood House.
The current master planning of a number of Council owned sites may provide future opportunities to co-locate the CLDHS into a multi-purpose facility, which would likely result in significant cost savings associated with construction and ongoing operational costs against the costs identified in this report if a single purpose built facility was to be considered.
In view of current projects such a as the Liverpool Civic Place development and master planning of other Liverpool City Council owned sites, including the existing Liverpool Regional Museum site, it is recommended that Council undertakes further reviews of potential locations for the CLDHS within a three to five year timeframe, as new opportunities arise.
On this basis it is recommended that Council note this report and that a further review of potential locations for the CLDHS occur within a three to five year timeframe.
CONSIDERATIONS
|
Economic |
Facilitate the development of new tourism based on local attractions. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership |
There are no civic leadership and governance considerations. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Cost Plan - 200 Square Metre Option
2. Cost Plan - 300 Square Metre Option
|
226 |
|
|
CORP 02 |
Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society |
|
Attachment 1 |
Cost Plan - 200 Square Metre Option |
|
CORP 02 |
Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society |
|
Attachment 2 |
Cost Plan - 300 Square Metre Option |
|
CORP 02 |
Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society |
|
Attachment 3 |
Cost Plan - 500 Square Metre Option |
|
CORP 02 |
Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society |
|
Attachment 4 |
Cost Plan - 1,000 Square Metre Option |
Ordinary Meeting 29 April 2020
City Corporate Report
|
CORP 03 |
Investment Report February 2020 |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
055849.2020 |
|
Report By |
John Singh - Accountant - Investments & Treasury Management |
|
Approved By |
Vishwa Nadan - Chief Financial Officer |
executive summary
This report details Council’s investment portfolio.
As at 29 February 2020, Council held investments with a market value of $298 million.
The portfolio yield to the end of February 2020 is 117 basis points above the AusBond Bank Bill index.
|
|
AusBond Bank Bill Index (BBI) |
|
Benchmark |
1.30% |
|
Portfolio yield |
2.47% |
|
Performance above benchmarks |
1.17% |
Return on investment for February 2020 was $828k lower than the budget.
Council’s investments and reporting obligations fully comply with the requirements of section 625 of the Local Government Act 1993 and clause 212 of the Local Government (General) Regulation 2005.
Council’s portfolio also fully complies with limits set out in its Investment Policy.
NSW TCorp Credit Committee requires that Council commits to its balanced investment framework as a condition to any loan. This means that Council will have to progressively decrease its investment in lower-rated ADI’s.
|
That Council receives and notes this report.
|
REPORT
Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.
Council’s Portfolio
At 29 February 2020, Council held investments with a market value of $298 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:
The ratio of market value compared to face value of various debt securities is shown in the table below.
|
Asset Class |
Feb-20 |
Jun-19 |
|
Senior Debts (FRN's ,TCD's & FRB)* |
100.63% |
100.76% |
|
MBS (Reverse Mortgage Backed Securities) |
59.15% |
59.48% |
|
T-Corp Unit Trusts |
104.52% |
103.65% |
*Definition of terms
· Transferrable Certificate of Deposit (TCD) - security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).
· Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.
Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.
NSW TCorp Credit Committee requires that Council commits to its balanced investment framework as a condition to any loan. This means that Council will have to progressively decrease its investment in lower-rated ADI’s. Council staff will monitor and work with investment advisors to meet this requirement.
Portfolio Maturity Profile
The table below shows the percentage of funds invested at different durations to maturity.
Market Value by Issuer and Institution Policy limit as per Investment Policy
Overall Portfolio Credit Framework compliance to Investment Policy
Portfolio performance against relevant market benchmark.
Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.
The portfolio yield to 29 February 2020 exceeded the AusBond Bank Bill index by 117 basis points (2.47% against 1.30 %).
Council portfolio continues to performance at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:
Performance of Portfolio Returns against Budget
Council’s investment income for February 2020 is lower than the budget by $828k.
Investment Portfolio at a Glance
|
Portfolio Performance |
|
The portfolio yield to 29 February 2020 exceeded the AusBond Bank Bill index by 117 basis points (2.47% against 1.30%). |
|
Annual Income vs. Budget |
|
Council’s investment interest income is lower than the budget by $828k as at 29 February 2020 and will be closely monitored. |
Investment Policy Compliance
|
Legislative Requirements |
|
Fully Compliant |
|
Portfolio Credit Rating Limit |
|
Fully Compliant |
|
Institutional Exposure Limits |
|
Fully Compliant |
|
Overall Portfolio Credit Limits |
|
Fully Compliant |
|
Term to Maturity Limits |
|
Fully Compliant |
Economic Outlook – Reserve Bank of Australia
The Reserve Bank decided to lower the cash rate by 25 basis point in its meeting on 3 March 2020 to the official cash rate of 0.50 per cent. The current 0.50 per cent cash rate is at a historically low level and impacts returns on investment.
Certificate of Responsible Accounting Officer
The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.
Independent verification by Head of Audit, Risk and Improvement (HARI)
Council has requested an on-going independent review of its investment portfolio by the Audit Risk and Improvement Committee (ARIC) or its representative under delegated authority. The ARIC has agreed for its Chairperson to provide a certificate on a quarterly basis – the next certificate will be presented to Council on 27 May 2020.
CONSIDERATIONS
|
Economic |
Council’s investment interest income is lower than the budget by $828k as at 29 February 2020 and will be closely monitored. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
There are no civic leadership and governance considerations. |
|
Legislative |
Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005. |
ATTACHMENTS
Ordinary Meeting 29 April 2020
City Corporate Report
|
CORP 04 |
Amendment to Councils Investment Policy |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
060049.2020 |
|
Report By |
John Singh - Accountant - Investments & Treasury Management |
|
Approved By |
Vishwa Nadan - Chief Financial Officer |
executive summary
Council’s Investment policy is the main instrument guiding Council’s investment decisions. In practice it is reviewed at least annually to reflect changes to investment strategy, the Minister’s Order on Investments, any circulars from the OLG or the impact of changes in the investment market. Non-compliance with the Investment policy is reported to the Council in the monthly investment report and appropriate actions taken to rectify where necessary.
This report seeks a council resolution to adapt amendments to the investment policy. The key changes/ additions include:
· Explicit policy position to use by default Standard & Poor’s credit ratings;
· Amendments to institutional & portfolio credit limit frameworks;
· Addition of an investment strategy to comply with NSW TCorp low interest loans lending criteria;
· Council’s position to invest in ADI’s with higher Environmental, Social and Governance Standards (ESG) where possible; and
· Explicit policy position on trading instruments;
|
That Council considers and adopts the amended Investment Policy.
|
REPORT
Council’s Investment policy is the main instrument guiding Council’s investment decisions. In practice it is reviewed at least annually to reflect changes to investment strategy, Minister’s Order on Investments or impact of changes in the investment market. Non-compliance to the Investment policy is reported to the Council in the monthly investment report and appropriate actions taken to rectify where necessary.
The paper seeks a council resolution to adapt changes to the investment policy. The key changes include:
Use of Standard & Poor’s Credit Ratings by Default
Council’s current policy follows a consensus category but there is some evidence of ADI’s engaging in ratings agency arbitrage to obtain ratings higher than they would normally achieve from Standard & Poor’s. In addition, the use of S&P as the primary ratings agency simplifies the policy and makes it clearer.
Amendments to institutional and portfolio credit limit frameworks
The recommended changes provide further flexibility to deal with systemic changes to credit ratings outside of Council’s control.
Investing in ADI’s with higher Environmental, Social and Governance Standards (ESG)
This is a statement of intent rather than placing any binding conditions on Council and is included in policy for completeness.
Trading Instruments
The current policy is silent but Council does not engage in active trading of securities. The changes include a policy statement to that effect.
CONSIDERATIONS
|
Economic |
The changes recommended will allow Council to reduce its risk exposure and update the policy in view of the current market conditions. |
|
Environment |
The environmental and sustainability considerations if any are all positive as this is becoming a consideration under the policy. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
There are no civic leadership and governance considerations. |
ATTACHMENTS
1. Amended Investment Policy (Under separate cover)
264
Ordinary Meeting 29 April 2020
City Corporate Report
|
CORP 05 |
Investment Report March 2020 |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
084313.2020 |
|
Report By |
John Singh - Accountant - Investments & Treasury Management |
|
Approved By |
Vishwa Nadan - Chief Financial Officer |
executive summary
This report details Council’s investment portfolio and its performance for the month ended 31st March 2020:
· Council held investments with a market value of $287 million;
· The economic environment globally, including Australia, has suffered significantly from the COVID-19 pandemic. As a result, the market value of Council’s investment in FRN’s and grand-fathered investments declined in aggregate by $2.1m (approx. 2% of the portfolio);
· Council held at end of March $26m in its current account. Term deposits maturing in next few months will not be reinvested to maintain liquidity;
· The portfolio yield was 115 basis points above the AusBond Bank Bill index;
|
|
AusBond Bank Bill Index (BBI) |
|
Benchmark |
1.23% |
|
Portfolio yield |
2.38% |
|
Performance above benchmarks |
1.15% |
· Return on investment was $980k lower than the budget;
· Council’s investments and reporting obligations fully complied with the requirements of section 625 of the Local Government Act 1993 and clause 212 of the Local Government (General) Regulation 2005;
· Council’s portfolio also fully complied with limits set out in its current Investment Policy; and
· Council is committed to NSW TCorp’s balanced investment framework and held 20.97% of its portfolio in ADI’s rated BBB and below.
On 8th April, Fitch Ratings Agency downgraded Australia’s major banks credit ratings. Downgrading from Standard & Poor and Moody is likely to follow and will include all Australian ADI’s. Whilst Council has buffers within its policy limits to withstand one notch downgrades, Council has received advice to restrict its future investments to major banks only.
|
That Council receives and notes this report.
|
REPORT
Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.
Council’s Portfolio
At 31 March 2020, Council held investments with a market value of $287 million. Council’s investment register detailing all its investments is provided as an attachment to this report. In summary, Council’s portfolio consisted of investments in:
The ratio of market value compared to face value of various debt securities is shown in the table below.
|
Asset Class |
Mar-20 |
Jun-19 |
|
Senior Debts (FRN's ,TCD's & FRB)* |
99.40% |
100.76% |
|
MBS (Reverse Mortgage Backed Securities) |
55.01% |
59.48% |
|
T-Corp Unit Trusts |
104.35% |
103.65% |
*Definition of terms
· Transferrable Certificate of Deposit (TCD) - security issued with the same characteristics as a Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).
· Fixed Rate Bond (FRB) – returns Fixed Coupon (interest) Rate and is tradeable before maturity.
The economic environment globally, including Australia, has suffered significantly from the COVID-19 pandemic. As a result, the market value of Council’s investment in FRN’s and grand-fathered investments declined in aggregate by $2.1m (approx. 2% of the portfolio). Council has sufficient funds in its current account and has no plans at this stage to sell off any of its FRN’s to meet its short-term cashflow requirements.
Council is fully compliant with the requirements of the Ministerial Investment Order including the grandfathering provisions. The grandfathering provisions state that Council may continue to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.
On 8th April, Fitch Ratings Agency downgraded Australia’s major banks credit ratings. Downgrading from Standard & Poor and Moody is likely to follow and will include all Australian ADI’s. Whilst Council has buffers within its policy limits to withstand one notch downgrades, Council has received advice to restrict its future investments to major banks only.
Council is committed to NSW TCorp’s balanced investment framework and held 20.97% of its portfolio in ADI’s rated BBB and below.
Portfolio Maturity Profile
The table below shows the percentage of funds invested at different durations to maturity.
Market Value by Issuer and Institution Policy limit as per Investment Policy
Overall Portfolio Credit Framework compliance to Investment Policy
Portfolio performance against relevant market benchmark.
Council’s Investment Policy prescribes the AusBond Bank Bill Index (ABBI) as a benchmark to measure return on cash and fixed interest securities. The ABBI represents the average daily yield of a parcel of bank bills. Historically there has been a positive correlation between changes in the cash rate and the resulting impact on the ABBI benchmark.
The portfolio yield to 31 March 2020 exceeded the AusBond Bank Bill index by 115 basis points (2.38% against 1.23 %).
Council portfolio continues to perform at above benchmark rates despite ongoing margin contraction and significantly lower market term deposit yields. Comparative yields for the previous months are charted below:
Performance of Portfolio Returns against Budget
Council’s investment income for March 2020 is lower than the budget by $980k.
Investment Portfolio at a Glance
|
Portfolio Performance |
|
The portfolio yield to 31 March 2020 exceeded the AusBond Bank Bill index by 115 basis points (2.38% against 1.23%). |
|
Annual Income vs. Budget |
|
Council’s investment interest income is lower than the budget by $980k as at 31 March 2020 and will be closely monitored. |
Investment Policy Compliance
|
Legislative Requirements |
|
Fully Compliant |
|
Portfolio Credit Rating Limit |
|
Fully Compliant |
|
Institutional Exposure Limits |
|
Fully Compliant |
|
Overall Portfolio Credit Limits |
|
Fully Compliant |
|
Term to Maturity Limits |
|
Fully Compliant |
Economic Outlook – Reserve Bank of Australia
The Reserve Bank decided to lower the cash rate by 25 basis point in its meeting on 19 March 2020 to the official cash rate of 0.25 per cent. The current 0.25 per cent cash rate is at a historically low level and impacts returns on investment.
Certificate of Responsible Accounting Officer
The Chief Financial Officer, as Responsible Accounting Officer, certifies that the investments listed in the attached report have been made in accordance with section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy at the time of their placement. The previous investments are covered by the grandfathering clauses of the current investment guidelines issued by the Minister for Local Government.
Independent verification by Head of Audit, Risk and Improvement (HARI)
Council has requested an on-going independent review of its investment portfolio by the Audit Risk and Improvement Committee (ARIC) or its representative under delegated authority. The ARIC has agreed for its Chairperson to provide a certificate on a quarterly basis – the next certificate will be presented to the Council on 27 May 2020.
CONSIDERATIONS
|
Economic |
Council’s investment interest income is lower than the budget by $980k as at 31 March 2020 and will be closely monitored. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
There are no civic leadership and governance considerations. |
|
Legislative |
Council is fully compliant with the requirements of the Local Government Act 1993 – Investment Order (authorized investments) and with reporting requirements under clause 212 of the Local Government (General) Regulation 2005. |
ATTACHMENTS
270
Ordinary Meeting
29 April 2020
City Infrastructure and Environment Report
|
INF 01 |
Upgrades to Whitlam Leisure Centre |
|
Strategic Direction |
Creating Connection Provide community facilities which are accessible to all |
|
File Ref |
051729.2020 |
|
Report By |
Benny Wong - Project Manager – Building Construction |
|
Approved By |
Raj Autar - Director City Infrastructure and Environment |
Executive Summary
Council, at its meeting held on 5 February 2020, resolved that Council be provided with estimated costs to undertake a range of improvements at the Whitlam Leisure Centre Exhibition Hall. The improvements are to include:
a) Painting of the exhibition hall;
b) Improvements to the internal acoustics to improve the performance and amenity of the Hall; and
c) Upgrades to the electricity supply to enable proper operation of the air conditioning unit in the exhibition hall.
Based on preliminary investigations, the above works are estimated to cost approximately $1,500,000.
|
That Council:
a) Receives and notes this report; and
b) Notes that identified works will be included in future capital works program following completion of all required investigations and design. |
REPORT
Following a comprehensive condition assessment of the Whitlam Leisure Centre facilities, an Asset Management Plan (AMP) was developed in 2017 to guide future renewal and upgrade works at this facility, with corresponding long-term expenditure forecasts. Based on this AMP, a range of renewal works has already been undertaken, which has included:
· pool concourse resurfacing;
· fire panel upgrades; and
· pool plant and equipment switchboard upgrades.
While painting of the exhibition hall and the electrical upgrades have been identified previously, improvements to the acoustics have not been identified. However, preliminary investigations show that noise disturbances could arise from simultaneous operation of the exhibition hall and other event rooms. In this regard, Council proposes to engage an acoustics specialist to seek advice regarding noise disruptions, appropriate noise amelioration treatments and corresponding estimated costs. Preliminary estimates for the soundproofing works are around $500,000.
With regards to required electrical upgrades to enable the air conditioning system to operate at desired capacity, Council has been in negotiations with the adjoining property owner with the view to securing an easement to allow necessary electrical cabling upgrades to be provided. However, this process hasn’t been successful. Accordingly, Council has been exploring an alternative route for the cabling and will be undertaking necessary investigation and design to allow required electricity upgrades to be completed in 2021. These works are estimated to cost approximately $700,000.
The following presents preliminary costs for the identified works:
1. Provision of a new substation and associated electricity upgrades - $700,000
2. Exhibition Hall acoustic improvements - $500,000
3. Exhibition Hall painting - $100,000
4. Other costs and contingencies - $200,000
Total $1,500,000
CONSIDERATIONS
|
Economic |
Enhance the environmental performance of buildings. Culture and sports industries. |
|
Environment |
Manage noise pollution. Enhance the environmental performance of buildings. |
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. Deliver high quality services for children and their families. |
Civic Leadership |
Deliver services that are customer focused. |
|
Legislative |
There are no legislative considerations relating to this report. |
273
Ordinary Meeting
29 April 2020
City Infrastructure and Environment Report
|
INF 02 |
Roads in Middleton Grange and Western Sydney Parklands |
|
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
|
File Ref |
052678.2020 |
|
Report By |
Jay Vaidya - Coordinator Civil Construction |
|
Approved By |
Raj Autar - Director City Infrastructure and Environment |
Executive Summary
Council, at its meeting held on 5 February 2020, resolved that Council review the condition of roads in Middleton Grange and the Western Sydney Parklands with the view to developing estimated costs for upgrading roads that are found to be in poor condition to a condition that is satisfactory.
This report presents relevant costs of the required upgrade works as well as an overview of Council’s road maintenance strategy for its rural roads.
|
That Council:
1. Receives and notes this report; and
2. Notes that a program of improvement works covering the identified rural roads will be included in Council’s 2019/20 works program. |
REPORT
Middleton Grange and Western Sydney Parklands
Council has an ongoing program for the comprehensive inspection and assessment of all its roads. The condition and performance information gained from these inspections informs Council’s short and long-term road improvement programs, which comprise routine maintenance, pavement renewals and rehabilitations, and full reconstruction.
A more recent inspection of roads in Middleton Grange and Western Sydney Parklands have found that while most roads are in a satisfactory condition, several roads are in a poor to very poor condition requiring major maintenance and renewal works. These include Twenty Seventh Avenue and sections of Flynn Avenue. The cost to bring these roads to a satisfactory condition is estimated to be around $270,000 and the improvement works will include:
1. Twenty Seventh Avenue, between Fifteenth and Flynn - complete regrade and resheet followed by application of sprayed bituminous seal; and
2. Flynn Avenue, between Twenty Seventh and Percival - heavy patching and shoulder improvements to improve riding conditions and safety.
These works can be programmed to be undertaken as part of Council’s pavement renewal program and at this stage, it is anticipated that the works can be completed by May 2020. This is in addition to close to $2M of road improvement projects that are already underway or due to commence soon in Middleton Grange to address safety, amenity and road capacity issues. These include:
1. Kingsford Smith Avenue at Flynn Avenue - construction of missing kerb and gutter and shoulder resurfacing to improve safety and turning capacity;
2. Flynn Avenue at Percival Avenue - road widening and kerb and gutter construction. These works are now complete;
3. Sixteenth Avenue and Qantas Blvd. - intersection upgrade to improve traffic flow and safety. Works are currently underway; and
4. Bird Walton Avenue - construction of missing kerb and gutter, shared path and half road construction on its northern side. Works are planned to commence soon.
Council’s Rural Roads Maintenance Strategy
Council has close to 120km of rural roads in the urban release areas of the LGA, which will ultimately undergo significant change to support the emerging residential developments and associated town centers. Consequently, Council’s rural roads maintenance management strategy proposes low-cost maintenance treatments to hold these rural roads in a reasonable condition until such time as final upgrades can occur.
The adopted strategies involve only routine maintenance and holding treatments that deliver enhanced and longer-lasting levels of maintenance. These include provision of pavement strengthening, sealing and heavy patching. Further, Council has developed a long-term capital program of works to manage its rural roads and accordingly allocates approximately $2.5M to $3.5M annually to ensure all its rural roads remain in a serviceable condition over the long term. The long-term priority program is reviewed annually to accommodate the changing condition of roads.
CONSIDERATIONS
|
Economic |
Deliver and maintain a range of transport related infrastructures such as roads, footpaths, bus shelters and bikeways. Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Deliver services that are customer focused. |
|
Legislative |
There are no legislative considerations relating to this report. |
276
Ordinary Meeting
29 April 2020
City Infrastructure and Environment Report
|
INF 03 |
Conservation of Koala Habitat Corridors |
|
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
|
File Ref |
058439.2020 |
|
Report By |
Michael Zengovski - Manager City Environment |
|
Approved By |
Raj Autar - Director City Infrastructure and Environment |
Executive Summary
Council, at its meeting held on 11 December 2019, considered a report on Council’s progress regarding the creation and preservation of Koala habitat corridors as a means of stabilising Koala populations across the LGA.
This report provides an update on a range of actions undertaken to date.
|
That Council:
1. Receives and notes this report; and
2. Notes that a further report will be provided following completion of investigations into the feasibility of provision of a koala hospital and sanctuary within the LGA.
|
REPORT
At its meeting held on 11 December 2019, Council resolved that Sutherland Shire Council should be thanked for supporting Liverpool’s endeavours regarding the preservation of Koala habitat corridors to stabilise and strengthen koala populations across the LGA.
At this meeting, it was also decided that Council engage with Featherdale Wildlife Park and the Western Sydney Parklands with the view to exploring opportunities for the provision of a tourist attraction within Liverpool LGA, which could also provide a koala hospital and sanctuary.
Attached is a copy of a letter thanking Sutherland Shire Council for supporting Liverpool’s efforts relating to the preservation of Koala habitat corridors to stabilise and strengthen koala populations across the LGA.
While, based on recent advice from the Minister for Defence Industry, koala populations within the Defence lands are adequately managed, it is considered that both Liverpool and Sutherland Councils should continue to advocate for greater koala protection along the urban interfaces, where vehicle strikes result in koala fatalities. In this regard, Council has invited Sutherland Council to jointly write to the State Government to lobby for improved protections of the existing Koala populations.
Featherdale Wildlife Park and the Western Sydney Parklands
Council has initiated discussions with the Western Sydney Parklands Trust (Trust) regarding their capacity to support a wildlife sanctuary and koala hospital within the southern precinct of the parklands, within the Liverpool LGA. The matter was scheduled for further discussion at the Trust board meetings
Further updates to Council will be provided following receipt of advice from Western Sydney Parklands Trust.
Council is also following up with Featherdale Wildlife Park and will provide a response following receipt of advice.
CONSIDERATIONS
|
Economic |
There are no economic considerations. |
|
Environment |
Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Act as an environmental leader in the community. Actively advocate for federal and state government support, funding and services. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Letter to Sutherland Shire Council - Protection of Koalas
|
277 |
|
|
INF 03 |
Conservation of Koala Habitat Corridors |
|
Attachment 1 |
Letter to Sutherland Shire Council - Protection of Koalas |
283
Ordinary Meeting
29 April 2020
City Infrastructure and Environment Report
|
INF 04 |
Animal Holding Facility |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
083909.2020 |
|
Report By |
Adam McInnes - Senior Projects Manager |
|
Approved By |
Raj Autar - Director City Infrastructure and Environment |
Executive Summary
Council, at its meeting held on 26 February 2020, resolved to explore options for the establishment of Council’s own animal holding facility and to develop concept plans for such a facility on land owned by Council.
At the time of writing this report, Council is in the process of investigating both its own landholdings and other landholding options to identify land that would be both suitable and cost effective for development as an animal holding facility. It is proposed that a further report which will identify potential suitable site options will be presented to the May 2020 Council meeting.
In the interim and in order to provide Council with relevant information regarding a broad scope and cost of such a facility, Council has referred extensively to a study commissioned by the Western Sydney Regional Organisation of Councils (WSROC) into animal holding facility requirements for the Greater Western Sydney region. Based on this study, this report provides preliminary concepts, timelines, and strategic cost estimates for the establishment of an animal holding facility.
This report also identifies phased budget requirements to facilitate planning, feasibility study and design of Council’s own animal holding facility following selection of a suitable site.
|
That Council:
1. Receives and notes this report; and
2. Notes that a further report comprising concept designs and funding strategy will be provided following selection of a suitable site for the proposed animal holding facility. |
REPORT
At its meeting held on 26 February 2020, Council resolved to explore options for the establishment of Council’s own animal holding facility and to develop concept plans for such a facility on land owned by Council. While investigations are underway to identify suitable land options for the development of an animal holding facility, this report provides preliminary concepts, timelines, and strategic cost estimates for such a holding facility based on extensive research and study undertaken by the Western Sydney Regional Organisation of Councils (WSROC).
The WSROC commissioned a study in 2017 to explore potential long-term sustainable animal holding solutions over the next 20 years for the Greater Western Sydney Region. The scope of the study included:
a) Fact finding - to understand the current and future context of animal holding within the Greater Western Sydney Area;
b) Benchmarking - to establish a standard for ‘best practice’ animal holding; and
c) Recommendations - to give WSROC Councils clear recommendations on how to achieve a long-term sustainable solution for animal holding in their respective areas.
As part of the fact-finding phase, the study considered high level concepts of an animal holding facility that was being planned by Blacktown City Council. Known as the Western Sydney Animal Rehoming Centre, it is designed to provide sufficient capacity for the requirements of Blacktown City and a number of other councils over the long term. The preliminary concepts and illustrations that follow relate to early designs for this facility.
1. Typical layout of animal holding facility (source: WSROC, Blacktown City Council & Sam Crawford Architects, Study into animal holding facilities in the Greater Western Sydney Area, July 2017)
a) Concept view of front elevation
b) Aerial view and reception
c) Concept view of dog kennels
d) Concept view of typical exercise areas
e) Typical layout showing key elements of the facility
Following a review of the WSROC Study as well as Council’s own assessment of its requirements for an animal holding facility, it has been determined that Council’s proposed facility would need to accommodate the following functional aspects:
|
A. Reception |
I. Kennels |
|
B. Adoptions, administration, Office |
J. Poultry/Livestock |
|
C. Multi-function area |
K. Storage |
|
D. Kitchen/Laundry |
L. Rubbish collection |
|
E. Vet clinic |
M. Rubbish collection |
|
F. Cattery |
N. Animal quarantine |
|
G. Animal drop-off office |
O. Fenced open lawn for dogs |
|
H. Delivery/Van |
P. Fenced open space for cats |
|
|
Q. Fenced open space for adoption |
Based on the above, the following preliminary layout has been developed by Council’s own Landscape Architect. The above legend is to be read in conjunction with the following concept layout.
2. Preliminary cost estimates
An animal holding facility of a size similar to the Renbury Farm Animal Shelter and as shown in Section 1 above, could be developed to provide a capacity for 120 various types of animals including cats, dogs and other pets or livestock. The WSROC study recommended that a construction cost rate of $70,000 per animal enclosure be used for estimating purposes (2017 rates adjusted for price escalation).
Other attributes of an animal holding facility:
§ Site location - to be determined
§ Approx. site area / building footprint - 13,000m2/2,000m2
§ Animal holding capacity - 120 dogs, cats and other pets
Further, the facility will need to comply with the minimum standards for animal enclosures in accordance with the Prevention of Cruelty to Animals (Dogs and Cats in Council Pounds and Animals Shelters) Standards 2014.
Based on the above broad functional requirements of the proposed facility, the total construction cost of a new facility to meet current standards is estimated to be $10 million, including contingencies. This figure does not include any associated land costs.
3. High level program
The following presents a high-level program for the planning, design, construction and commissioning of the animal holding facility.
|
Activity |
Duration |
Start |
Finish |
|
1. Confirm location for animal holding facility |
16 weeks |
Mar 2020 |
Jun 2020 |
|
2. Concept design, feasibility study & funding strategy |
28 weeks |
Jun 2020 |
Dec 2020 |
|
3. Council approval of project and funding |
4 weeks |
Feb 2021 |
Feb2021 |
|
4. Community consultation |
8 weeks |
Feb 2021 |
Mar 2021 |
|
5. Detailed design |
20 weeks |
Feb 2021 |
Jun 2021 |
|
6. Development consent |
24 weeks |
Jul 2021 |
Dec 2021 |
|
7. Tender documentation |
24 weeks |
Jul 2021 |
Dec 2021 |
|
8. Tender process |
14 weeks |
Jan 2022 |
Apr 2022 |
|
9. Council acceptance of tender |
4 weeks |
May 2022 |
May 2022 |
|
10. Contract formation and award |
8 weeks |
Jun 2022 |
Jul 2022 |
|
11. Construction |
48 weeks |
Aug 2022 |
Jun 2023 |
|
12. Commission facility |
4 weeks |
Jul 2023 |
Jul 2023 |
4. Budget phasing
It is considered that the following budget provisions will need to be made to enable necessary investigations and designs to be completed.
|
Activity |
Budget |
Year |
|
1. Site investigations, concept design, feasibility study |
$500,000 |
2020/21 |
|
2. Detailed design, Environmental assessment, DA preparation |
$500,000 |
2021/22 |
|
3. Construction and project management |
$9,000,000 |
2022/23 |
|
Total |
$10,000,000 |
|
CONCLUSION
As required by Council’s resolution, this report has presented preliminary concepts, timelines and estimated expenditures associated with establishing Council’s own animal holding facility. Since a suitable site for its location hasn’t been identified, the required information is largely based on a study commissioned by WSROC to explore potential long-term sustainable animal holding solutions over the next 20 years for the Greater Western Sydney Region.
It is proposed that a further report be presented to the May 2020 Council meeting, which will present suitable site options for the establishment of council’s animal holding facility. Based on the program above, this will be followed by a more targeted investigation and design process, and a report back to Council with concept designs and estimated costs.
CONSIDERATIONS
|
Economic |
Provide a new and efficient animal holding facility for the Liverpool Local Government Area. |
|
Environment |
Environment and sustainability issues to be considered at Development Approval stage. |
Social |
Raise awareness in the community about the available services and facilities. |
Civic Leadership |
Deliver services that are customer focused. |
|
Legislative |
Companion animals Act 1998. Companion Animal Regulations 1998. |
285
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 01 |
Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020 |
|
Strategic Direction |
Creating Connection Implement access and equity for all members of the community |
|
File Ref |
081065.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
This report is tabled in order to present the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 5 March 2020.
|
That Council receives and notes the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on 5 March 2020.
|
REPORT
The Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020 are attached for the information of Council.
The Minutes identify a number of actions for Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support policies and plans that prevent crime. |
Civic Leadership |
There are no civic leadership considerations relating to this report. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020.
|
290 |
|
|
CTTE 01 |
Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020 |
|
Attachment 1 |
Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee meeting held on 5 March 2020. |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 02 |
Liverpool Sports Committee Minutes of meeting held 5 March 2020 |
|
Strategic Direction |
Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living |
|
File Ref |
081615.2020 |
|
Report By |
Mark Westley - Manager Recreation and Community Outcomes |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
This report is tabled in order to present the Minutes of the Liverpool Sports Committee Meeting held on 5 March 2020.
The Sporting Donations Program applications have been endorsed for funding by the CEO as per delegation (for amounts up to $1000) in accordance with sections 356(3), 377(1), and 378 of the Local Government Act 1993.
|
That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 5 March 2020.
|
REPORT
The Minutes of the Liverpool Sports Committee meeting held on 5 March 2020 are attached for the information of Council.
The Minutes identify a number of actions for Council staff to undertake, none of which will have any financial impact on Council.
The Sporting Donations Program applications have been endorsed for funding by the CEO as per delegation (for amounts up to $1000) in accordance with sections 356(3), 377(1), and 378 of the Local Government Act 1993.
CONSIDERATIONS
|
Economic |
A financial allocation of $400 is recommended under the Sports Grants. Provision exists within the allocated Sports Grants Budget. |
|
Environment |
There are no environmental and sustainability considerations. |
|
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
|
Civic Leadership |
There are no civic leadership and governance considerations. |
|
Legislative |
Sections 356(3), 377(1), and 378 of the Local Government Act 1993. |
|
Economic |
There are no economic or financial considerations. |
ATTACHMENTS
1. Minutes of Liverpool Sports Committee meeting held 5 March 2020
|
300 |
|
|
CTTE 02 |
Liverpool Sports Committee Minutes of meeting held 5 March 2020 |
|
Attachment 1 |
Minutes of Liverpool Sports Committee meeting held 5 March 2020 |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 03 |
Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and Minutes of the Liverpool Youth Council meeting held on 4 March 2020 |
|
Strategic Direction |
Creating Connection Implement access and equity for all members of the community |
|
File Ref |
081925.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
This report is tabled in order to present the Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and the Minutes of the Liverpool Youth Council meeting held on 4 March 2020.
|
That Council:
1. Receives and notes the Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020; and
2. Receives and notes the Minutes of the Liverpool Youth Council meeting held on 4 March 2020.
|
REPORT
The Meeting notes of the Liverpool Youth Council meeting held on 12 February 2020 and the Minutes of the Liverpool Youth Council meeting held on 4 March 2020 are attached for the information of Council.
The Meeting Notes and Minutes identify a number of actions for Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.
|
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Minutes of the Liverpool Youth Council meeting held on 4 March 2020
2. Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020
|
307 |
|
|
CTTE 03 |
Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and Minutes of the Liverpool Youth Council meeting held on 4 March 2020 |
|
Attachment 1 |
Minutes of the Liverpool Youth Council meeting held on 4 March 2020 |
|
CTTE 03 |
Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 and Minutes of the Liverpool Youth Council meeting held on 4 March 2020 |
|
Attachment 2 |
Meeting Notes of the Liverpool Youth Council meeting held on 12 February 2020 |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 04 |
Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020 |
|
Strategic Direction |
Creating Connection Celebrate diversity, promote inclusion and recognise heritage |
|
File Ref |
082104.2020 |
|
Report By |
Galavizh Ahmadi Nia - Manager Community Development and Planning |
|
Approved By |
Dr Eddie Jackson - Director City Community and Culture |
Executive Summary
This report is tabled in order to present the Minutes of the Aboriginal Consultative Committee Meeting held on 19 February 2020.
|
That Council receives and notes the Minutes of the Aboriginal Consultative Committee Meeting held on 19 February 2020.
|
REPORT
The Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020 are attached for the information of Council.
The Minutes identify a number of actions for Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Preserve and maintain heritage, both landscape and cultural as urban development takes place. Promote community harmony and address discrimination.
|
Civic Leadership |
Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020
|
317 |
|
|
CTTE 04 |
Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020 |
|
Attachment 1 |
Minutes of the Aboriginal Consultative Committee meeting held on 19 February 2020 |
Ordinary Meeting 29 April 2020
Committee Reports
|
CTTE 05 |
Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020 |
|
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
|
File Ref |
047601.2020 |
|
Report By |
Chris Van Zyl - Acting Head of Audit, Risk and Improvement |
|
Approved By |
Dr Eddie Jackson – Acting Chief Executive Officer |
Executive Summary
This report is tabled in order to present the Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020.
|
That Council receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020.
|
REPORT
The Minutes of the Audit, Risk and Improvement Committee held on 7 February 2020 are attached for the information of Council. The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. |
|
Legislative |
Local Government Act 1993, sections 8B and 23A |
ATTACHMENTS
1. Audit, Risk and Improvement Committee Minutes - 7 February 2020
|
330 |
|
|
CTTE 05 |
Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020 |
|
Attachment 1 |
Audit, Risk and Improvement Committee Minutes - 7 February 2020 |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 06 |
Minutes of the Tourism and CBD Committee meeting held on 11 February 2020 |
|
Strategic Direction |
Generating Opportunity Create an attractive environment for investment |
|
File Ref |
057499.2020 |
|
Report By |
Susana Freitas - Tourism Development Officer |
|
Approved By |
David Smith - Acting Director City Economy and Growth |
Executive Summary
This report is tabled in order to present the Minutes of the Tourism and CBD Committee Meeting held on 11 February 2020.
|
That Council:
1. Receive and note the Minutes of the Tourism and CBD Committee meeting held on 11 February 2020; and
2. Endorse the recommendations and actions in the Minutes.
|
REPORT
The Minutes of the Tourism and CBD Committee held on 11 February 2020 are attached for the information of Council.
The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
Further develop a commercial centre that accommodates a variety of employment opportunities. Encourage and promote businesses to develop in the hospital health and medical precinct (of the City Centre). Facilitate economic development. Facilitate the development of new tourism based on local attractions. |
|
Environment |
There are no environmental and sustainability considerations. |
Social |
Raise awareness in the community about the available services and facilities. Provide cultural centres and activities for the enjoyment of the arts. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Deliver high quality services for children and their families. |
Civic Leadership |
Foster neighbourhood pride and a sense of responsibility. Deliver services that are customer focused. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Minutes of Tourism and CBD Committee Meeting on 12 February 2020
|
337 |
|
|
CTTE 06 |
Minutes of the Tourism and CBD Committee meeting held on 11 February 2020 |
|
Attachment 1 |
Minutes of Tourism and CBD Committee Meeting on 12 February 2020 |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 07 |
Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020 |
|
Strategic Direction |
Generating Opportunity Advocate for, and develop, transport networks to create an accessible city |
|
File Ref |
089335.2020 |
|
Report By |
Charles Wiafe - Service Manager Traffic and Transport |
|
Approved By |
Tim Moore - Director, City Economy and Growth / Deputy CEO |
Executive Summary
This report presents the recommendations of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020. At the meeting, the Committee considered thirteen (13) agenda items, three (3) technical discussion items and two (2) general business items.
Agenda Item 8 – an application for a special event involving a street parade on 24 May 2020 in the Liverpool City Centre, has been withdrawn after the Committee meeting and hence removed from the recommendations.
A copy of the meeting minutes, incorporating the Committee’s recommendations on the agenda items is included as Attachment 1.
|
That Council adopts the following recommendations of the Committee:
Item 1 - Jedda Road, Prestons - Proposed Line marking Scheme
· Council approves separation ‘BB’ and ‘S1’ line marking, as well as ‘E1’ edge line marking on both sides of the Jedda Road section east of Joadja Road to provide a single traffic and parking lane in both directions.
Item 2 - George Street and Lachlan Street intersection, Liverpool – Proposed Roundabout
· Council approves the construction of a single lane roundabout at the George Street and Lachlan Street intersection, Liverpool.
Item 3 - 365-405 Denham Court Road, Leppington – Proposed Roundabout and Signs and line marking Scheme for the subdivision
· Council approves installation of a single lane roundabout and raised thresholds at three intersections and regulatory signs and line marking scheme in the new subdivision. · Detailed designs of the roundabout, raised thresholds and signs and line marking scheme addressing the Committee’s comments are to be submitted to TfNSW for endorsement prior to installation.
Item 4 - 68 Speed Street, Liverpool – Proposed Car Park
· Council approves signs and line marking within the proposed carpark at the intersection of Speed Street, Mill Road and Shepherd Street, Liverpool. · Detailed design addressing the following comments are be submitted to the Committee Technical Members for endorsement prior to installation: o Raised threshold across the northern Speed Street approach to the Speed Street/Mill Road roundabout. o The proposed driveway design off Speed Street restricted to entry only. o The informal opening in the median island (in the Speed Street northern approach) being closed to form part of the splitter island. o Additional pedestrian access from the south west corner to Shepherd Street.
Item 5 - Stroud Avenue, Warwick Farm – Proposed Parking Restriction
· Council approves in-principle 4P, 7am-6pm MON-FRI, 8am-1pm SAT restrictions, along a section of Stroud Avenue (opposite Rosedale Oval), subject to TfNSW’s endorsement.
Item 6 - Marsden Road, Liverpool - Proposed Raised Pedestrian Crossing
· Council approves upgrade of the existing combined pedestrian crossing facility in front of Marsden Road Public School to a raised marked combined crossing and removal of the adjacent speed hump. Item 7 - Cecil Hills Various Streets – Request for Traffic Calming Devices
· Council undertakes community consultation with Lancaster Avenue, Spencer Road and Edinburgh Circuit residents, and if supported prepare and present detailed designs of speed humps to a future Committee meeting.
Item 9 - Ganeshotsava Special Event – Street Parade, Liverpool on 30 August 2020.
· Council classify the ’Ganeshostsava Procession’ through the Liverpool city centre on 30 August 2020, as a Class 2 Special Event with all associated conditions including: o Submission of a Traffic Management Plan to TfNSW for endorsement o Police approval for the management of the associated rolling road closures o Advertisement of the event in local newspapers o Road Occupancy License to be obtained from Transport Management Centre.
Item 10 - Various Streets - Community Requests for Minor Traffic Facilities
· Council approves Installation of a ‘Bus Zone’ along the southern side of Cabramatta Avenue, Miller, in front of Michael Wenden Aquatic Leisure Centre. · Council approves installation of separation (S1) and edge (E1) line markings in sections of Talana Hill Drive, between Bergendal Drive and Jardine Drive, Edmondson Park, as shown the report.
Item 11 - Bernera Road and Greenway Drive, Edmondson Park – Proposed traffic facilities including signs and line marking
· Council approves signs and line marking scheme along sections of Bernera Road and Greenway Drive, and installation of a roundabout at Bernera Road and Henderson Road intersection.
Item 12 - 220 McIver Avenue and 195 Southern Cross Avenue, Middleton Grange - Signs and line marking
· Council approves signs and line marking scheme along sections of Flight Circuit and McIver Avenue and associated intersections.
Item 13 - Items Approved Under Delegated Authority
· Notes the traffic facilities approved under Delegated Authority between 9 January 2020 and 8 March 2020. |
REPORT
This report presents the minutes including recommendations of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020. At the meeting, the Committee considered thirteen (13) agenda items, three (3) technical discussion items and two (2) general business items.
The agenda item 8 – an application for a proposed special event involving a street parade on 24 May 2020 in the Liverpool City Centre, has been withdrawn after the Committee meeting, due to the COVID 19 pandemic. Therefore, no further consideration is required.
A copy of the meeting minutes, incorporating the Committee’s recommendations on the agenda items and actions in response to the technical discussion and general business items is included as Attachment 1. It is recommended that Council adopts the Committee’s recommendations on the agenda items as outlined above.
Technical Discussion and General Business items that were considered and the recommended actions are as follows:
TD1 - Kingsford Smith and Flynn Avenue, Middleton Grange roundabout – Road safety findings
· Council approves improvements works identified in the road safety audit including; construction of kerb and guttering, and footpath paving on the eastern side of the existing roundabout.
· Council undertakes community consultation and if supported carry out detailed design of a raised threshold in the Flynn Avenue section between Kingsford Smith Avenue and Monkton Avenue, Middleton Grange
TD2 - Adams Road, Luddenham – Proposed temporary road closure
· Council approves temporary road closure of Adams Road and associated road detours.
· Detailed design of the proposed traffic calming devices along Adams Road, Luddenham be presented to the Committee at a future meeting.
TD3 - Walder Road Hammondville – Request for parking restrictions
· Council approves ‘No Stopping’ parking restriction along the northern side of Walder Road, between Heathcote Road and Meehan Avenue.
General Business Items
GB 1 Request for Keep Clear signage at the Moore Street and Bigge Street Intersection
Council request TfNSW to review and coordinate traffic signal phasing of the adjacent Bigge Street/Moore Street and Bigge Street/Warren Serviceway signalised intersections.
GB 2 Request for Wattle Grove Shopping Centre direction signage
Council seeks confirmation from the Local Member for Holsworthy’s office or TfNSW that the requested directional sign can be installed with Council’s approval.
Budget impact of matters arising from the minutes
|
Description |
Funding, Indicative Cost and Timing |
|
|
1 |
Jedda Road, Prestons - Proposed Linemarking Scheme |
RMS block grant funding# Indicative Cost - $10,000. Timing - May 2020. |
|
2 |
George Street and Lachlan Street intersection, Liverpool – Proposed Roundabout |
Council’s minor traffic facilities budget Indicative Cost - $130,000 Timing – September 2020. |
|
3 |
365-405 Denham Court Road, Leppington – Proposed Roundabout and Sigs and Line marking Scheme for subdivision |
Developer Timing – Dependent on associated subdivision works |
|
4 |
68 Speed Street, Liverpool – Proposed Car Park
|
Council’s Capital Works budget Indicative Cost - $550,000. Timing – September 2020. |
|
5 |
Stroud Avenue, Warwick Farm – Proposed Parking Restriction
|
RMS block grant funding# Indicative Cost - $1,000 Timing - June 2020. |
|
6 |
Marsden Road, Liverpool - Proposed Raised Pedestrian Crossing
|
Council’s minor traffic facilities project Indicative Cost - $65,000. Timing - 2020/2021 financial year. |
|
7 |
Cecil Hills Various Streets – Request for Traffic Calming Devices
|
Council’s minor traffic facilities project Indicative Cost - To be advised after detailed design Timing - 2021/2022 financial year. |
|
8 |
Australian Air League - Proposed Special Event |
Application withdrawn |
|
9 |
Ganeshotsava Special Event – Street Parade, Liverpool on 30 August 2020. |
Organiser
|
|
10 |
Various Streets - Community Requests for Minor Traffic Facilities |
RMS block grant funding# Indicative Cost - $2,000 Timing - June 2020 |
|
11 |
Bernera Road and Greenway Drive, Edmondson Park – Proposed Traffic facilities including signs and line marking |
Developer Timing dependent on subdivision works |
|
12 |
220 McIver Avenue and 195 Southern Cross Avenue, Middleton Grange – Signs and line marking |
Developer Timing dependent on subdivision works |
|
13 |
- Items Approved Under Delegated Authority
|
RMS block grant funding# Indicative Cost - $10,000. Timing - May 2020. |
# RMS block grant funding has no financial implication on Council
CONSIDERATIONS
|
Economic |
Provide efficient parking for the City Centre. Deliver a high-quality local road system including provision and maintenance of infrastructure and management of traffic issues. |
|
Environment |
Promote an integrated and user-friendly public transport service. Support the delivery of a range of transport options. |
|
Social |
Support access and services for people with a disability. Improve road and pedestrian safety. |
|
Civic Leadership |
Actively advocate for federal and state government support, funding and services. |
|
Legislative |
NSW Roads Act 1993 NSW Road Rules NSW Road Transport (Safety & Traffic Management) Act 1999 Roads and Maritime Service’s Traffic Management and Road Design Guidelines Australian Standards Austroads Technical Guidelines |
ATTACHMENTS
1. Liverpool Pedestrian Active Transport and Traffic Committee Meeting Minutes 18 March 2020
|
377 |
|
|
CTTE 07 |
Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 18 March 2020 |
|
Attachment 1 |
Liverpool Pedestrian Active Transport and Traffic Committee Meeting Minutes 18 March 2020 |
Ordinary Meeting
29 April 2020
Committee Reports
|
CTTE 08 |
Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020 |
|
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
|
File Ref |
089598.2020 |
|
Report By |
George Georgakis - Manager Council and Executive Services |
|
Approved By |
Andrew Stevenson - Chief Strategy and Engagement Officer |
Executive Summary
This report is tabled in order to present the Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020.
|
That Council receives and notes the Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020.
|
REPORT
The Minutes of the Strategic Panel meetings held on 3 March and 9 March 2020 are attached for the information of Council.
The Minutes identify a number of actions that require Council staff to undertake, none of which will have any financial impact on Council.
CONSIDERATIONS
|
Economic |
There are no economic and financial considerations. |
|
Environment |
Raise community awareness and support action in relation to environmental issues. Support the delivery of a range of transport options. |
Social |
Raise awareness in the community about the available services and facilities. Preserve and maintain heritage, both landscape and cultural as urban development takes place. Regulate for a mix of housing types that responds to different population groups such as young families and older people. Support community organisations, groups and volunteers to deliver coordinated services to the community. |
Civic Leadership |
Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct. Actively advocate for federal and state government support, funding and services. |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
|
386 |
|
|
CTTE 08 |
Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020 |
|
Attachment 1 |
Minutes of Strategic Panel meeting of 3 March 2020 |
|
CTTE 08 |
Minutes of the Strategic Panel Meetings held on 3 March and 9 March 2020 |
|
Attachment 2 |
Minutes of Strategic Panel meeting of 9 March 2020 |
|
CTTE 09 |
Minutes of Budget Review Panel 20 March 2020 |
|
Attachment 1 |
Budget Review Panel Minutes 20.03.2020 |
|
CTTE 09 |
Minutes of Budget Review Panel 20 March 2020 |
|
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
|
Key Policy |
Long-Term Financial Plan |
|
File Ref |
089732.2020 |
|
Report By |
Earl Paradeza - Senior Management Accountant |
|
Approved By |
Vishwa Nadan - Chief Financial Officer |
Executive Summary
The report tables the Minutes of the Budget Review Panel meeting held on 20 March 2020
|
That Council adopts the minutes of the Budget Review Panel meeting held on 20 March 2020
|
REPORT
The Minutes of the Budget Review Panel held on 20 March 2020 are attached for the information of Council.
CONSIDERATIONS
|
Economic |
There are no economic considerations relating to this report |
|
Environment |
There are no environment considerations relating to this report |
Social |
There are no social considerations relating to this report |
Civic Leadership |
There are no civic leadership considerations relating to this report |
|
Legislative |
There are no legislative considerations relating to this report. |
ATTACHMENTS
1. Budget Review Panel Minutes 20.03.2020
2. Budget Review Meeting Notes 20.02.2020
|
CTTE 09 |
Minutes of Budget Review Panel 20 March 2020 |
|
Attachment 2 |
Budget Review Meeting Notes 20.02.2020 |
406
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 01 |
Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure |
|
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
|
File Ref |
065430.2020 |
QUESTION WITH NOTICE
Please address the following:
1. Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?
2. Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?
3. Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?
Response
1. Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?
Liverpool City Council’s Cyber Security Standard was developed and implemented in December 2019. This is an important component in Council’s overall approach to manage cyber security threats across the organisation. The standard is designed to ensure Council is resilient, current and emerging risks are appropriately managed, mitigated and monitored and a level of expectation is established. Council has an extensive project list geared around cyber security which is led by the IT Business Unit such as;
o complying with the ASD 8 which has been developed by the ACSC Australian Cyber Security Centre https://www.cyber.gov.au/publications/essential-eight-maturity-model
o Upgrading of councils Firewalls which is currently being implemented with all the latest features
o Adoption of Multifactor Authentication
o Security patching of all councils’ systems
o Annual Testing (which is currently being conducted)
§ Vulnerability Scanning of internal network
§ External Penetration testing
§ Internal penetration testing
o Ensuring correct user permissions and delegations by auditing user access of corporate systems on a regular basis.
o Running phishing campaigns across council
o User awareness training programs
o Keeping logs of cyber security threats
o Upgrading councils Email security
o Council system backups (Daily backups)
o We are also register with the Cyber Security advisory board.
Attached is an extract from the “Report on Local Government 2019” by the NSW Audit Office which was published in March 2020 (Pages 41 to 46). As shown in this extract, Council is well positioned and has a mature cyber security framework when compared to its peers in the Local Government Sector. Council’s program of works ensures that it keeps up to date with best practice and to protect the integrity of Council’s data and information.
2. Does Liverpool council have its IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?
Council has a Disaster Recovery Plan (DRP) which aligns with Council’s BCP (Business Continuity Plan). The DRP was revised in October 2019. As part of this revision, the DRP was submitted to ARIC and subsequently endorsed prior to being finalised.
At a high level, the scope of the DRP is based on 2 possible scenarios for System Recovery:
1) A catastrophic failure and/or unavailability of the entire production Virtual Datacentre infrastructure. This includes loss of power and access to the datacentre and its main buildings for a prolonged period of time.
2) A system specific failure that would result in data loss if restored from a previous backup and the impact caused by the recovery time if data needs to be restored from backup Disks or Tapes.
This DRP details disaster recovery plans for various systems and infrastructure. For instance, there is a DRP for each core application. The DRP does not replace the need for having a backup solution, but instead complements it by providing the ability to quickly recovery systems in the scenario of a data backup failure.
Council is committed to peer reviewing this towards the end of the calendar year to ensure it is up to date and all risks and best practices are considered.
Council IT, as part of Audit Office requirements and internal best practice assessments, conduct on a cyclical basis, auditing of user permissions and access to core application and IT Systems. This is to ensure appropriate permissions and access along with maintaining data integrity.
3. Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?
The OLG Code of Accounting Practice and Financial Reporting requires Councils to include in its audited annual statements performance matrices, including “operating performance ratio” which measures the extent to which Council has succeeded in containing operating expenditure within operating revenue. The benchmark is greater than 0%.
Table below provided historical and projected results for 2019/20:
|
Actual 2015/16 |
Actual 2016/17 |
Actual 2017/18 |
Actual 2018/19 |
Original Budget 2019/20 |
Revised Budget 2019/20 |
Forecast Post-Covid19 2019/20 |
|
-2.63%
|
2.40% |
5.43% |
6.39% |
-4.07% |
-4.01% |
-4.92% |
The negative result in 2015/16 is due to significant expenditure on asbestos waste remediation.
ATTACHMENTS
1. Extract from the “Report on Local Government 2019” by the NSW Audit Office which was published in March 2020 (Pages 41 to 46).
|
413 |
|
|
QWN 01 |
Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure |
|
Attachment 1 |
Extract from the “Report on Local Government 2019” by the NSW Audit Office which was published in March 2020 (Pages 41 to 46). |
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 02 |
Question with Notice - Clr Balloot - Forum - National Redress Scheme of survivors of institutional child sexual abuse |
|
Strategic Direction |
Creating Connection Create a dynamic, inclusive environment, including programs to support healthy living |
|
File Ref |
065448.2020 |
QUESTION WITH NOTICE
Please address the following:
On Thursday 5th of March I attended the special briefing by New South Wales
Attorney General the Honorable Mark Speakman regarding the National redress
scheme is part of the federal government response to the royal commission into
institutional responses to child sexual abuse.
Council, and Mayors specifically, have new obligations under these reforms,
which the state government has committed to.
While historically cases of child abuse in councils and council-run
institutions are expected to be rare, councils were signed up to the national
redress scheme by the New South Wales government, which will underwrite any
financial liability.
Does Liverpool council have a policy on child sexual abuse?
Response
The Children’s Guardian Act was passed on 21 November 2019 to implement the recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse.
Under this Act, there are legal statutory requirements for all councils including:
· Implementing the Royal Commission’s 10 Child Safe Standards;
· The development of a Child Protection Policy that covers all Council departments;
· A working group to consider and embed child safe practices across Council; and
· A designated Child Safety Officer position/s from existing staff profiles to carry out the functions requiring regulatory compliance.
The Community Development and Planning team are leading Council's implementation of the Children's Guardian Act requirements, including the drafting of a Child Protection Policy.
In accordance with the statutory requirements of the Act, Council has established a Child Safe Working Group. This working group includes representatives from each directorate and is leading the development of a Child Protection Policy. Although not all Council staff work directly with children, the child safe practices include measures for upholding children’s rights. These include: children’s participation in decisions that affect them; and ensuring anyone working with children in any capacity understands the child’s rights, child protection, safety and wellbeing. Some of the practical implications for Council include Council events, activities, surveys, workshops, community engagement, school engagement, recruitment of staff, ethical procurement (not using companies implemented in child exploitation) and competitions.
Council will be provided with regular updates of the implementation of the Children’s Guardian Act requirements.
416
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 03 |
Question with Notice - Clr Balloot - Coronavirus (COVID-19) |
|
Strategic Direction |
Leading through Collaboration Strive for best practice in all Council processes |
|
File Ref |
065466.2020 |
QUESTION WITH NOTICE
Please address the following:
We have over 100 Coronavirus cases confirmed in Australia, including three
deaths up-to-date (11 March 2020).
We have 54 Confirmed cases in NSW up to date (11 March 2020).
What measures is Council taking to ensure the safety of our staff and residents
from the spread of Coronavirus?
What measures is Council taking to ensure to the support of small business in
our LGA?
Response
Council has undertaken extensive work to ensure the safety of our staff and residents from the spread of coronavirus. All staff who are able to are working from home; teams have been split to ensure business continuity; and additional safety precautions implemented on continuing worksites, including City Presentation. Regular and continuing updates on Council’s response, as well as Federal and NSW Government safety advice, have been communicated with residents. Councillors were provided with an extensive briefing by Council staff on Thursday 2 April and Wednesday 8 April. A comprehensive package of 19 initiatives was then endorsed by Councillors at an Extraordinary Council meeting on 16 April.
417
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 04 |
Question with Notice - Clr Hagarty - Brontos |
|
Strategic Direction |
Generating Opportunity Meet the challenges of Liverpool’s growing population |
|
File Ref |
067198.2020 |
QUESTION WITH NOTICE
Please address the following:
Previously the nearest Brontos were located at St Andrews and Parramatta. Is this still the case?
Fire & Rescue NSW have informed Council that St Andrews does not have a Bronto but Parramatta does. They have also advised that if there is a fire at Liverpool it would be serviced by the Bronto at Parramatta.
Attached is a letter from the Minister for Police and Emergency Services to the Mayor dated 3 August from 2018 concerning the location of the Bronto.
ATTACHMENTS
1. Response letter from Minister for Police and Minister for Emergency Services
|
418 |
|
|
QWN 04 |
Question with Notice - Clr Hagarty - Brontos |
|
Attachment 1 |
Response letter from Minister for Police and Minister for Emergency Services |
421
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 05 |
Question with Notice - Clr Shelton - Event Cancellations |
|
Strategic Direction |
Creating Connection Deliver a range of community events and activities |
|
File Ref |
069301.2020 |
QUESTION WITH NOTICE
Please provide:
i. A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events;
ii. A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events; and
iii. An estimate as to the costs arising from item (i).
Response
|
A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events |
An estimate as to the costs arising from item (i).
|
A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events |
|
Major Events |
||
|
No major events have been cancelled due to extreme weather events in the last twelve months (March 2019 - March 2020). · The NYE pyrotechnics display was cancelled, but the event proceeded.
|
Cost to Council was the $15,000 forfeited deposit, and a credit was issued for the pyrotechnic product to use at a future event. |
In the preceding 12 months (March 2018 - March 2019) no Major Events were cancelled due to extreme weather events, and all events were executed in full. |
|
City Economy |
||
|
· Movies in the Mall 4 October – Wind
|
$123.60
|
None |
|
· Movies in the Mall 4 December – Smoke
|
No cost
|
|
|
· Love Livo Nights 5 March – Heavy rain
|
Still in cancellation process current costs $1343.32
|
|
|
· Love Livo Nights 5 December – Postponed to January due to smoke
|
Cancellation cost was $3146.75
|
|
|
Library & Museum Services |
||
|
· Outdoor Cinema 2001: A Space Odyssey (One Small Step Moon Landing exhibition)
High wind weather forecast |
Cost to Council was $2,032.00. Hired furniture, heaters, barriers, toilets had been delivered onsite from Pillingers Hiring Service. |
None |
|
· Outdoor Cinema The Dish (One Small Step Moon Landing exhibition)
Decided not to proceed due to potential weather risk |
Cost to Council was the $312.75 for security |
|
|
Community Development and Planning |
||
|
· Stop DV Day (6 December 2019). Postponed due to smoke |
Council provided a $10,000 Corporate Sponsorship Grant for this project. The group has been granted an extension of the funding to deliver the event at a later stage. |
None |
|
· Christmas in Carnes Hill (19 December 2019) smoke hazard and excessive temperature (over 40 degrees) |
Cost to Council was $10,780.41, $3,256.00 of which was issued as credit to use at a future event
|
|
|
· Outdoor Cinema in Carnes Hill (6 March 2020) – Heavy rain |
Cost to Council was $4,125.20, $2,550.00 of which was issued as credit to use at a future event. |
In the preceding 12 months, there were two events at Carnes Hill that were cancelled due to extreme weather: - Movie under the stars (October 2018) Heavy rain
- Summer holiday movie (January 2019) Thunderstorms
|
|
· Memories in the Mall (13 February 2020) Cancelled due to rain. |
$1485 paid to performer. Artist is holding this amount as a deposit for a later event. |
|
|
Civic and Citizenship |
||
|
· John Dwyer Bridge relaunch (19 November 2019) Cancelled due to extreme hot weather. |
$2500 for infrastructure delivered on the day. |
No citizenships or civic events cancelled from March 2018 to March 2019. All events were executed in full. |
|
|
TOTAL: $49,364.03 CREDITS: $19,831.20 NET COST: $29,532.83 |
|
423
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 06 |
Question with Notice - Clr Balloot - Civic Place |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
069345.2020 |
QUESTION WITH NOTICE
Please address the following:
1. Has council done an internal audit report in recent times?
2. Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?
3. Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?
Response
1. Has council done an internal audit report in recent times?
LCP has been subjected to probity and scrutiny by a number of independent probity advisors and the Council’s Audit, Risk and Improvement Committee. No Internal audits have been performed on the Liverpool Civic Place project until now.
The Head of Audit, Risk and Improvement has now prioritised an audit of LCP, after the QWN raised by Councillor Hadchiti. The audit scope for the proposed audit was presented at the 19 March 2020 Councillor briefing with no additional concerns noted at the time. An external audit firm has subsequently been appointed on 6 April 2020 to conduct this review.
2. Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?
No, Councillors have not yet viewed the signed contract. Council resolved on 29 October 2019, in relation to LCP, to amongst other things, “Delegate authority to the CEO to negotiate and execute any changes to the Project Development Agreement with Built Holdings Pty Ltd.....”. Councillors have been provided with access to the executed agreement.
3. Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?
Liverpool Civic Place (LCP) was approved by Council in June 2016 with a Total Project Cost estimated at $87m. Since then, LCP has gone through many changes since the initial concept plan in 2016.
The key change has been an increase in the Council Works scope, from the initial 7,000 sqm of Council offices, 6,000 sqm Commercial /UoW office space and 3,000 sqm Library, for a total of 16,000 sqm to a now current total of 22,500 sqm.
This new Council Works scope represents a 41% increase in area and now includes 8,500 sqm Commercial/UoW space, 8,000 sqm Council offices, Council Chambers and Childcare and 5,000 sqm of City Library.
In addition to the above scope increase and associated additional building costs, it should be noted the cost escalation, increase in construction costs per annum, had been running at 4-5% pa and were forecast to continue at these rates for the term of the project i.e. 2-3 years.
It should also be noted, that the current LCP Total Project Cost at $195m now includes provision for this forecast escalation($4m), in addition to further design and project contingencies($16m) on advice of our consultants.
All of the above information, including the increase to the Council Works scope, has been presented in detail to Councillors and reported numerous times to Council, including the latest report and endorsement in October 2018.
424
Ordinary Meeting
29 April 2020
Questions with Notice
|
QWN 07 |
Question with Notice - Clr Hadchiti - Trees |
|
Strategic Direction |
Leading through Collaboration Seek efficient and innovative methods to manage our resources |
|
File Ref |
098282.2020 |
QUESTION WITH NOTICE
Please address the following:
1. What progress has been made with the grant to plant trees across the City Centre?
2. Some trees on Council owned land create issues for resident’s sewer and stormwater pipe systems. Besides leaving a hole in the ground when this occurs and waiting for Council to inspect pipes and confirm the roots are creating a problem, is there another solution for confirmation?
A response to these questions will be provided in the 27 May 2020 Council meeting business papers.
427
Ordinary Meeting
29 April 2020
Notices of Motion
|
NOM 01 |
Wildlife Protection Special Levy |
|
Strategic Direction |
Strengthening and Protecting our Environment Protect and enhance bushland, rivers and the visual landscape |
|
File Ref |
094925.2020 |
|
Author |
Karress Rhodes - Councillor |
STAFF NOTE
This Notice of Motion (including the Background and CEO comment below) was submitted to the 26 February 2020 Council meeting and Council resolved to defer it. It is submitted on this agenda so that it is considered at this meeting in conjunction with the reports on the Animal Holding Facility, and Conservation of Koala Habitat Corridors.
Background
The recent devastation of Australian wildlife through drought, fire and floods has made it vitally important that everything possible is being done to protect and promote their survival in an environment that is becoming increasingly hostile to them.
Australia’s international identity and tourism that contributes $57.3 billon to the Australian economy has to be retained at all costs.
We can no longer, not consider the harm that the urban sprawl is doing to the habitats of our wildlife and all levels of government including local government must have a unified understanding of the issues and a unified approach to the solutions needed.
Liverpool Council has to do its part. It is no longer a question of identifying established wildlife corridors, it is now a necessity for Liverpool Council to create safe corridors. To plant
koala feeder trees within these corridors and most important to connect all corridors with neighbouring LGA’s and with safe road crossings where they are necessary in linking the corridors.
It is important more than ever that Liverpool Council continues discussions with the Department of Defence to make available corridors through their land to protect and nurture Australian wildlife.
It is important the wildlife corridors are created, locally, throughout the State of NSW and Nationally in order to provide Australian wildlife with access to routes without fences to escape any future fire threats.
It is not acceptable that 800 million of Australia’s wildlife was impacted by the recent fires. It is not acceptable, that although Liverpool was not impacted in the recent fires, it is not acceptable that Liverpool does not respond to the warning and make sure we have done all that is possible to protect wildlife for not if it happens but when it happens in Liverpool.
|
That Council
1. Recognises the importance of wildlife protection and the economic benefits that Australian wildlife continues to contribute through tourism to the local and national economies;
2. Nominate a percentage proportion of the Environment Levy to be used to support wildlife protection through the Liverpool LGA; and
3. Provides all reports and communications in relation to all the above work already carried out and/or implemented by Council to Councillors.
|
CHIEF EXECUTIVE OFFICER’S COMMENT
Provisions of the Local Government Act 1993 that govern Council fees for services (Section 608) were investigated as to whether a levy for wildlife protection can be utilised. After a review of the relevant provisions of the Act it is considered inappropriate to seek to impose a wildlife protection levy under the guise of a fee for service. Council is unaware of a legal mechanism by which a levy can be collected for this purpose as part of the lodgement of a development application.
It should be noted that the Growth Centres Biodiversity Offset Program is an existing mechanism that is funded from a special infrastructure contribution that applies within the Growth Centres and supplemented by general government revenue. This fund is used to secure priority biodiversity offsets and cover their ongoing management.
Council’s Local Strategic Planning Statement (LSPS), currently with the Greater Sydney Commission (GSC) for Assurance, includes a local planning priority relating to wildlife and biodiversity: Planning Priority 14 - Bushland and waterways are celebrated, connected, protected and enhanced.
The Priority states that Council will:
· Protect and restore naturally occurring ecosystems and habitat based on best practice biodiversity conservation principles.
· Minimise threats to listed species, populations and communities.
· Establish and enhance a Green and Blue Grid corridor network.
· Collaborate with DPIE to implement the Cumberland Plain Conservation Plan.
Specific actions include:
· Action 14.1: Review Environmentally Significant Land overlay in LEP to ensure protection of areas of high ecological conservation value (short term)
· Action 14.2: Review LEP and DCP to ensure protection of biodiversity and waterway quality, and implement the Green Grid (short to medium term)
· Action 14.4: Collaborate with Department of Defence and neighbouring councils to investigate a koala habitat protection corridor (short term)
Council has already completed an update to its Biodiversity Study. The Study included an assessment of connectivity and corridors and is informed by a regional corridor map that was prepared by the former-OEH, the Biodiversity Investment Opportunities Map (BIO Map). The Study will inform a new terrestrial biodiversity overlay, which will help to protect the LGA’s important biodiversity assets.
Council has also commissioned a Green Grid Study, which includes consideration of the new terrestrial biodiversity overlay. The Green Grid Study will map the LGA’s important ecological corridors, and identify opportunities for linking gaps in the network.
There is further corridor planning occurring at the regional scale through the Cumberland Plain Conservation Plan (CPCP), being developed by Department of Planning, Industry and Environment (DPIE). Council officers have been called on to provide input into the CPCP and will continue to provide comment throughout the development of the Plan, to request that corridors are considered in a systematic manner at a scale beyond our LGA.
Council wrote to the Department of Defence on 13 August 2019 in regard to ensuring the protection of the only known koala populations in the LGA, located on Commonwealth Defence land at Holsworthy. The Minister for Defence responded to Council on 15 October 2019, stating that the Department was committed to ensuring its activities were compatible with the Commonwealth Koala Conservation and Management Plan and New South Wales Recovery Plan for the koala, and noting that populations were well protected. It is the Department of Defence’s view that there is adequate management of natural resources in the Holsworthy Training Area, and that the koala population on those lands are well protected.
Council officers continue to advocate for regional level considerations for biodiversity corridors in all forums in which they operate, engaging stakeholders at all levels of government.
CONSIDERATIONS
|
Economic |
Deliver and maintain a range of transport related infrastructure such as footpaths, bus shelters and bikeways. Enhance the environmental performance of buildings and homes. Deliver a high quality local road system including provision and maintenance of infrastructure and management of traffic issues. Facilitate the development of new tourism based on local attractions. |
|
Environment |
Manage the environmental health of waterways. Manage air, water, noise and chemical pollution. Enhance the environmental performance of buildings and homes. Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses. Raise community awareness and support action in relation to environmental issues. Support the delivery of a range of transport options. |
Social |
There are no social and cultural considerations. |
Civic Leadership |
Act as an environmental leader in the community. Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Provide information about Council’s services, roles and decision making processes. Actively advocate for federal and state government support, funding and services. |
|
Legislative |
There are no legislative considerations relating to this report. |
429
Ordinary Meeting
29 April 2020
Notices of Motion
|
NOM 02 |
Animal Shelter |
|
Strategic Direction |
Strengthening and Protecting our Environment Exercise planning controls to create high-quality, inclusive urban environments |
|
File Ref |
097686.2020 |
|
Author |
Tina Ayyad - Councillor |
|
That Council:
1. Direct the CEO to prepare a planning proposal amending Schedule 1 (Additional Permitted Uses) of Appendix 8 – Liverpool Growth Centres Precinct Plan contained within State Environmental Planning Policy (Sydney Region Growth Centres) 2006 to permit with development consent an animal shelter, also known as an “animal boarding or training establishment” under the Standard Instrument LEP on the land bordered by Fourth Ave, Fifth Ave, Edmonson Ave, and Bringelly Rd. This includes WV Scott Memorial Park; and
2. Notes that the advice of the Liverpool Local Planning Panel is required before Council considers whether or not to forward the planning proposal to Minister for a Gateway determination.
|
431
Ordinary Meeting
29 April 2020
Notices of Motion
|
NOM 03 |
Economic Development Committee Meetings |
|
Strategic Direction |
Leading through Collaboration Encourage community participation in decision-making |
|
File Ref |
098221.2020 |
|
Author |
Karress Rhodes - Councillor |
Background
Liverpool Council has experienced an unprecedented situation as a cause of the Coronavirus.
It can be observed now that there are emerging demands and priorities for Council to be able to achieve the best outcomes both economically and socially for Liverpool’s recovery.
Experience can now show that there are State and Federal initiatives and changes made both National and in NSW on a daily to weekly basis that have enormous considerations on Councils decisions. The decisions made daily have impacts on the decisions of Council and the directions that Council has to take in order to deliver the most effective and expedient directions for Council and our constituents.
At the extraordinary meeting on the 16 April, it became more obvious than ever that business as usual by Council in holding meetings, even on a weekly basis, can and has put the decisions of Council one week behind the latest directives and initiatives by both the State and Federal Governments.
The issues considered at the Extraordinary meeting were issues raised by Council the previous week and by the time of the meeting a week later, the Federal Council was already announcing its intention to possibly move to a recovery stage in less than three weeks’ time.
The Recovery stage implementation was not the focus of the extraordinary meeting as Council was still focused on implementing measures to soften the economic hardships in the belief, as expressed one week before by the Federal Government and before the Council Extraordinary meeting, that we were in this for the long haul and that the lockdown measures may even be a part of the new normality.
Just one week later after the announcements we were in this for the long haul and actually on the night of the Extraordinary meeting the Federal Government announced a new direction that initiated plans for the recovery to begin in just three weeks.
The matters addressed at the Extraordinary meeting of Council discussed measures to enable Liverpool to be able to survive the possible ongoing pandemic for at least 3 months and possibly 18 months, this of course as we now know was not the directive from the Federal Government on the night of the Extraordinary meeting and it was announced that it was likely lockdown restrictions would begin being lifted in just three weeks’ time.
This has highlighted the need for Council to be more flexible than the business as usual approach in lead times for meetings. It has shown the need for the opportunity for the frequent changes to be discussed in open forums on a regular basis, in order for Council to be in step with the timing of and decisions made in this very volatile time.
The most significant department of Council to lead Liverpool in the recovery process is Economic and Development section of Council, they need councillor engagement as the representatives of the community to be a part of the very important flow of information from the community into that decision making.
The decisions have to be flexible and decisive to meet what might be a very fast moving bumpy ride as both the Federal and State Governments will no doubt be making their state and national directives on a daily basis.
Council and Councillors needs to do more to meet the demands of the situation in order to deliver the most effectual decisions and directions for the recovery of the Liverpool social order and economy.
I as a Councillor as I am sure all other Councillors want to do whatever is needed in their duty of care for the constituents who elected us to represent them.
Together we can lead the direction for Liverpool’s social and economic recovery by all working together with the department who is in charge of that recovery.
I ask for the opportunity as a councillor be able to contribute to the ideas, the constituent feedback and the discussion and reporting on measuring of the initiatives success through weekly meetings of the Economic and Development team of Council.
|
That Council hold weekly economic development committee meetings open to Councillors to address the changing needs in the recovery process for Liverpool as a result of Covid 19. |
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