MINUTES OF THE Ordinary Meeting
HELD ON 30 June 2021
PRESENT VIA VIDEO CONFERENCING:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Dr Eddie Jackson, Chief Executive Officer
Mr George Hampouris, Acting Director Corporate Services
Ms Tina Bono, Acting Director Community and Culture
Mr David Smith, Acting Director Planning & Compliance
Mr Peter Diplas, Acting Director City Presentation
Mr Raj Autar, Director Infrastructure and Environment
Mr John Morgan, Director Economy and Commercial Development
Mr John Milicic, Manager Property
Mr Thomas Wheeler, Heritage Officer
Ms Jennifer Chenhall, General Counsel, Manager Governance, Legal and Procurement
Ms Ellen Whittingstall, Internal Ombudsman
Mr Vishwa Nadan, Chief Financial Officer
Mr George Georgakis, Manager Council and Executive Services
Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)
The meeting commenced at 6.00pm.
of Country, Prayer of Council and Affirmation
STATEMENT REGARDING WEBCASTING OF MEETING |
The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being livestreamed. |
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY |
The prayer of the Council was read by the Chief Executive Officer, Dr Eddie Jackson.
|
Nil.
Nil.
Motion: Moved: Clr Shelton Seconded: Clr Hadid
That the minutes of the Ordinary Meeting held on 26 May 2021 be confirmed as a true record of that meeting. |
On being put to the meeting the motion was declared CARRIED.
Clr Hadid declared a non-pecuniary, but significant interest in the following item:
Item PLAN 01: Properties subject to acquisition in Liverpool LGA.
Reason: Clr Hadid is a President of an Association that own property that is subject to acquisition.
Clr Hadid left the virtual meeting for the duration of this item.
Mayor Waller declared a pecuniary interest in the following item:
Item CORP 03: Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993.
Reason: Mayor Waller is a member of the Sydney Western City Planning Panel.
Mayor Waller left the virtual meeting for this item and Deputy Mayor Hadid became the Chair of the meeting.
Clr Harle declared a pecuniary interest in the following item:
Item CORP 03: Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993.
Reason: Clr Harle is a member of the Sydney Western City Planning Panel and is paid an allowance.
Clr Harle left the virtual meeting for this item.
Clr Hagarty declared a pecuniary interest in the following item:
Item CORP 03: Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993.
Reason: During consideration of the item, an amendment was moved which proposed Panel members for the Sydney Western City Planning Panel be paid an increased allowance.
As Clr Hagarty is an alternate member of the Panel, he potentially stood to gain financially, and declared a Pecuniary Interest and left the virtual meeting.
The amendment was withdrawn and not voted on.
Clr Hagarty left the virtual meeting for this item.
Clr Rhodes declared a pecuniary interest in the following item:
Item CORP 03: Local Government Remuneration Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993.
Reason: During consideration of the item, Clr Rhodes seconded an amendment which proposed Panel members for the Sydney Western City Planning Panel be paid an increased allowance before realising she had a pecuniary interest as she’s an alternate member, despite not having served on the panel for over 5 years. She then withdrew her support for the motion and the motion was withdrawn and not voted on.
Clr Rhodes left the virtual meeting for this item.
Written submissions for items not on agenda
Nil.
Written submissions for items on agenda
Nil.
ITEM: MAYOR 01
FILE REF: 208357.2021
SUBJECT: Retirement of Reverend Stuart Pearson
Clr Hadid left the meeting at 6.38pm
FILE NO: 095857.2021
SUBJECT: Properties subject to acquisition in Liverpool LGA
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED. Vote for: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib, Clr Rhodes and Clr Shelton. Vote against: Nil. Note: Clr Hadid was absent from the meeting when this item was voted on and Clr Hadchiti was not at the meeting. |
FILE NO: 114340.2021
SUBJECT: Draft Liverpool Contributions Plan 2021 - East Leppington
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council:
1. Endorses draft Liverpool Contributions Plan 2021 – East Leppington for public exhibition in accordance with Clause 28 of the Environmental Planning and Assessment Regulation 2000;
2. Delegates to the CEO the authority to make any typographical and other minor amendments to the draft Contributions Plan following exhibition and submit the draft Plan to the Independent Pricing and Regulatory Tribunal (IPART) for assessment followed by consideration of IPART’s assessment by the Minister for Planning and Public Spaces (or nominee); and
3. Receives a further report following IPART’s assessment and the Minister’s advice for adoption of Liverpool Contributions Plan 2021 – East Leppington as an ‘IPART Reviewed Contributions Plan.’
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. Note: Clr Hadchiti was not at this meeting. |
FILE NO: 133563.2021
SUBJECT: Post exhibition report - Liverpool Local Environmental Plan Amendment 83 - rezoning land and amending development standards at 1400-1480 Elizabeth Drive, Cecil Park
Motion: Moved: Clr Ayyad Seconded: Clr Hadid
That Council:
1. Notes the Gateway determination for Liverpool Local Environmental Plan 2008 (Amendment 83) and the results of the public authority consultation and community consultation;
2. Endorses Draft Amendment 3 to Liverpool Development Contributions Plan 2009 for public exhibition in accordance with Clause 28 of the Environmental Planning and Assessment Regulation 2000;
3. Delegates to the CEO the authority to adopt Amendment 3 to the Liverpool Development Contributions Plan 2009 following public exhibition;
4. Proceeds with Amendment 83 to the Liverpool Local Environmental Plan 2008, following adoption of Amendment 3 to Liverpool Development Contributions Plan 2009;
5. Delegates authority to the CEO to liaise with the Department of Planning, Industry and Environment and the Parliamentary Counsel’s Office to finalise Amendment 83 to the Liverpool Local Environmental Plan; and
6. Delegates to the CEO to further negotiate the proposed Planning Agreement with the proponent.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. Note: Clr Hadchiti was not at this meeting.
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FILE NO: 173471.2021
SUBJECT: Companion Animals
Motion: Moved: Clr Kaliyanda Seconded: Clr Harle
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 183574.2021
SUBJECT: Development and Subdivision of Land Policy
Motion: Moved: Clr Hadid Seconded: Clr Harle
That Council adopt the updated Development and Subdivision of Land Policy.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. Note: Clr Hadchiti was not at this meeting. |
FILE NO: 184230.2021
SUBJECT: Progress on implementing the Guidelines for the Assessment and Prioritisation of Parking along Narrow Streets
Motion: Moved: Clr Hadid Seconded: Clr Kaliyanda
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 126985.2021
SUBJECT: Grants, Donations and Corporate Sponsorship
Motion: Moved: Clr Balloot Seconded: Clr Shelton
That Council endorses the recommendation of $10,000 (GST exclusive) under the Corporate Sponsorship Program for the following project:
That Council endorses the recommendation of $15,000 (GST exclusive) under the Matching Grant Program for the following project:
That Council endorses the recommendation of $9,410 (GST exclusive) under the Sustainable Environment Grant Program for the following projects:
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 181854.2021
SUBJECT: The 60th Anniversary of Australian Air League - Moorebank Squadron
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council:
1. Grant Freedom of Entry to the Australian Air League Moorebank Squadron on the 15 August 2021; and
2. Bestow on the Australian Air League Moorebank Squadron a scroll signed by the Mayor and CEO granting Freedom of Entry.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 137529.2021
SUBJECT: Investment Report May 2021
Motion: Moved: Clr Shelton Seconded: Clr Rhodes
That Council receives and notes this report.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 075940.2021
SUBJECT: Community Strategic Plan 2022-2032 - Community Engagement Strategy 2021-2022
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council endorses the Community Engagement Strategy 2021 – 2022.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 164430.2021
SUBJECT: Local Government Remunerational Tribunal Annual Report and Determination under sections 239 and 241 of the Local Government Act 1993
Clr Hagarty and Clr Harle also returned to the meeting ay 7.08pm.
FILE NO: 191082.2021
SUBJECT: Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council note and endorse the Mayoral Direction dated 9 June 2021 attached to the report.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 177026.2021
SUBJECT: Food Organics Garden Organics (FOGO) Report
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council:
1. Adopt FOGO collection as the way of recovering food organics from the red lid bin;
2. Undertake a request for tender (RFT) process for the receival and processing of FOGO;
3. Undertake a RFT for the receival and process if residual mixed solid waste with a view of converting the residual mixed solid waste to energy if the technology and facility is available within the contract term;
4. Act on the option for collection of FOGO in the current waste collection contract to introduce FOGO collection when the FOGO processing and mixed solid waste contract is in place;
5. Undertake a detailed FOGO implementation plan and education program; and
6. Apply for further NSW EPA Grants that are available for FOGO implementation.
On being put to the meeting the motion was declared CARRIED. |
Infrastructure & Environment Report
FILE NO: 167828.2021
SUBJECT: Integrated Pest Management Policy and Strategy
Motion: Moved: Clr Harle Seconded: Clr Kaliyanda
That Council:
1. Receives and notes this report;
2. Endorses the draft Integrated Pest Management Policy; and
3. Receives a further report upon finalisation of the Integrated Pest Management Policy and Strategy, with the view to placing them on public exhibition.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 167850.2021
SUBJECT: Feasibility of Establishing a Koala Hospital and Sanctuary
Motion: Moved: Clr Rhodes Seconded: Clr Hadid
That Council: 1. Receives and notes this report;
2. Notes the recommendation not to pursue the establishment of a koala hospital or sanctuary in the LGA;
3. Explores opportunities to attract wildlife park to the Liverpool LGA; and
4. Explores ways to support the existing veterinary care network for wildlife including exploring a mobile veterinary service.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 132141.2021
SUBJECT: Minutes of the Environment Advisory Committee held on 12 April 2021
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 12 April 2021.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 160183.2021
SUBJECT: Minutes of the Audit, Risk and Improvement Committee Meeting held on 30 April 2021
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council
1. Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 30 April 2021;
2. Adopt the revised draft Audit, Risk and Improvement Committee Charter; and
3. Adopt the revised draft Internal Audit Charter.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 170964.2021
SUBJECT: Minutes of the Liverpool Youth Council Meeting held Tuesday 11 May 2021
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council:
1. Receives and notes the Minutes of the Liverpool Youth Council Meeting held on Tuesday 11 May 2021; and
2. Endorse the recommendations in the Minutes.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 105592.2021
SUBJECT: Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 19 May 2021
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council adopts the following recommendations of the Committee:
Item 1 - Adams Road, Luddenham – Proposed Traffic Calming Devices.
· Approves the proposed raised threshold, pedestrian refuge, and associated signs and linemarking scheme along Adams Road, Luddenham.
· Detailed design of the pedestrian refuge be forwarded to TfNSW and Police for review and endorsement prior to installation.
· Council undertakes consultation with affected residents prior to installation.
Item 2 - Adams Roads Luddenham – Proposed Traffic Management Plan for road reconstruction.
· Approves full road closure of the affected road sections of Adams Road and Anton Road during the six months construction period, with conditions including signposted detour route and placement of variable message signboards at both ends of the roads.
Item 3 - Nuwarra Road and Balanada Avenue, Moorebank – Proposed intersection treatment
· Approves the proposed changes to the Nuwarra Road/Balanada Avenue intersection and associated signs and linemarking scheme.
· Council undertakes consultation with affected residents prior to installation.
· Monitor traffic conditions following implementation of the proposed changes.
Item 4 - Charlton Avenue, Chipping Norton – Request for a pedestrian refuge.
· Approves the proposed pedestrian refuge in Charlton Avenue, Chipping Norton, at the front of House No. 289.
· Detailed design of the pedestrian refuge be forwarded to TfNSW for review and endorsement prior to installation.
· Council undertakes consultation with affected residents prior to installation.
Item 5 - Skyline Crescent, Horningsea Park - Proposed on-street heavy vehicle parking.
· Approves the signs and linemarking scheme to permit heavy vehicle parking after business hours along Skyline Crescent.
Item 6 - Vinny Road, Edmondson Park – Proposed traffic calming facilities.
· Approves installation of splitter islands to provide pedestrian refuges on all approaches to the existing Vinny Road/Dalmatia Avenue intersection roundabout; and two midblock raised thresholds across sections of Vinny Road.
· Detailed design of the pedestrian refuge be forwarded to TfNSW for review and endorsement prior to installation.
· Council undertakes consultation with adjoining residents who could be affected by the proposed facilities, prior to installation.
Item 7 - Delfin Drive, Wattle Grove – Proposed pedestrian refuge.
· Approves the proposed pedestrian refuge in Delfin Drive between Cola Court and Tweed Court, Wattle Grove.
Item 8 - Ironbark Avenue, Casula - Proposed Signs and Line Marking Scheme.
· Approves the proposed signs and line marking scheme.
· Council undertakes consultation with adjoining residents who could be affected by the proposed signs and line marking scheme, prior to installation.
Item 9 - Elizabeth Street, Liverpool – Request for a Works Zone and associated relocation of existing Bus Zone into Works Zone in Elizabeth Street at the front of Westfields.
· Approves the proposed Works Zone approximately 70m long along the section of Elizabeth Street on the eastbound approach to the signalised pedestrian crossing adjacent to Macquarie Mall and associated reconfiguration of the existing Bus Zone, for approximately 12 months.
· The bus zone east of Macquarie Mall be extended by approximately 14m.
Item 10 - Items Approved Under Delegated Authority.
· Notes the approved items under Delegated Authority.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 179992.2021
SUBJECT: Minutes of Budget Review Panel 20 May 2021
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council adopts the minutes of the Budget Review Panel meeting held on 20 May 2021.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 158976.2021
SUBJECT: Question with Notice - Clr Kaliyanda - Well-being at Liverpool Council
The mental health and well-being impacts of COVID-19 and other natural disasters in the last 18 months have been highlighted in the media and other places. The NSW Government is due to release an updated version of its Mentally Healthy Workplaces Strategy this month.
Please address the following:
1. What measures has Council undertaken to track the mental health and well-being on staff over this period?
2. How does Council plan to implement the updated Strategy?
3. Has well-being had an effect on staff retention or turnover in the last 18mths?
4. What strategies are in place to manage workload to ensure sustainability?
Response
1. What measures has Council undertaken to track the mental health and well-being on staff over this period?
During the last 18 months there have been a number of measures put in place to manage the health and wellbeing of staff during various shock events that have occurred. Key initiatives and practices are outlined below; · Council, via the CEO all staff update and other communication channels, has had mental health messaging as a core focus area throughout 2020 and early 2021. This is during the time where working from home, social distancing, mask wearing and issues around social isolation were prevalent; · Quotes were also obtained from external providers for staff mental health awareness sessions and staff resilience skills workshop for inclusion in the 2021-2022 training budget; · Council has programs and participates in providing information access to webinars and other resources via Safework NSW Safety Month https://www.safework.nsw.gov.au/advice-and-resources/campaigns/Safe-Work-Month/mentally-healthy-workplaces. Mental Health Month occurs in October each year in NSW in which Council actively partakes in and promotes; · Council also has free and confidential counselling that staff and their family can access through its Employee Assistance Program. This external provider reports on service usage and this data is reviewed monthly for any identified issues; · During the start of COVID, a timeslot was allocated for a psychologist to participate in the “CEO all staff presentation”. The psychologist provided advice and tips, and fielded questions from staff on all facets of mental health. The session was extremely well received by all participants; · Council arranges for trained Counsellors to make themselves available for staff following specific incidents (e.g. following the death of an employee/colleague) and at other important times.
2. How does Council plan to implement the updated Strategy?
The NSW Government Mentally Healthy Workplaces Strategy is predominately designed for the small business sector. Notwithstanding this, in the most part Council already has in place a number of key areas identified in the strategy. Council is always seeking for opportunities to improve the way it extracts data and draws insights in regards to Health and Safety. Quality data provides improved justification to drive prioritisation and early intervention strategies. Council will seek to conduct a gap analysis and where applicable operationalise any opportunities that stem from this strategy.
3. Has well-being had an effect on staff retention or turnover in the last 18mths?
Whilst Council undertakes exit surveys for staff leaving the organisation, there are no specific indicators of any work related factors or personal well-being stated as a specific reasons for resignation. Lifestyle choices including working closer to home or career moves for personal reasons can be a factor in many decisions. Covid-19 and the broader uncertainty in the marketplace has not resulted in any significant differences in staff turnover compared to previous years (in fact there has been a slight turnover decrease in the 2020 calendar year compared to the 2019 equivalent period.
4. What strategies are in place to manage workload to ensure sustainability?
Council through its flexible arrangements policy offers a range of benefits including flexible working hours. As such excess hours worked by an employee during a spike in workload can be offset (hour for hour) with flex leave at a future date. It is acknowledged that limitations on funding and resourcing does affect the workload in some areas which has to be monitored and managed by the applicable area Managers as best they can. Council has procedures in place through HR people assessment tools, achievement planning and development plans to assist in monitoring workload and performance. |
FILE NO: 158981.2021
SUBJECT: Question with Notice - Clr Kaliyanda - Study Tours
Please address the following:
1. What study tours have been undertaken in this term of Council?
2. What outcomes/benefits have they delivered to Council and ratepayers?
3. What has been the financial cost of these?
4. How does this compare to the number, cost and outcomes/benefits to ratepayers undertaken in previous terms of Council?
Response
1. What study tours have been undertaken in this term of Council?
Travel undertaken by Council Staff and Councillors internationally is declared publicly in the Annual Report each year. Please refer to the attached table for a breakdown of these overseas study tours.
2. What outcomes/benefits have they delivered to Council and ratepayers?
The outcomes of the overseas study tours have been identified in the attached table. In relation to interstate and intrastate study tours for Council staff, the Local Government (State) Award 2020 (Section 32) requires Council to develop a training plan and budget for such activities. The CEO, (under Section 335 of the Local Government Act – Functions of the General Manager) has endorsed a “Developing Talented People Policy’ to satisfy the requirements of the award. Any training and development matters for staff are therefore an operational issue.
3. What has been the financial cost of these?
As to the financial costs of International Travel, refer to Attachment A and the Annual Reports. As to the costs of Interstate and Intrastate travel, the training and development budget is part of the overall yearly budget approved by Council each year.
4. How does this compare to the number, cost and outcomes/benefits to ratepayers undertaken in previous terms of Council?
Cost comparisons of overseas study tours compared to the preceding term of Council have been outlined in the attached table. In addition, a brief overview of the benefits/outcomes have been outlined against each study tour. Council staff are unable to comment on the outcomes/benefits of the study tours undertaken in this Council term compared to the previous term of Council as this is subjective. |
FILE NO: 158985.2021
SUBJECT: Question with Notice - Clr Hagarty - City Presentation
Please address the following:
1. How many vacancies are there in City Presentation?
2. When are these expected to be filled?
Response
In the past 6 months, City Presentation has dealt with a number of challenges such as COVID restrictions, industrial disputes, emergency response (flooding), changes to senior management, as well as, an increase in the number of Councillor and customer requests.
1. How many vacancies are there in City Presentation?
There are currently 17 vacancies in City Presentation.
2. When are these expected to be filled?
Along with delivering services to our residents, the recruitment of the vacant positions continues to be a priority. The merit-based recruitment process takes time and management are working through each of these vacancies methodically to meet the organisation’s expectations. |
FILE NO: 158988.2021
SUBJECT: Question with Notice - Clr Hagarty - Compliance Discretion
Please address the following:
1. Are compliance officers legally allowed to apply discretion?
2. Is it Council policy to apply discretion?
3. Does Council keep track of when discretion is applied?
4. What training is given on the application of discretion?
5. What checks and balances are in place for when discretion is applied?
Response
1. Are compliance officers legally allowed to apply discretion?
Section 9.34 of the Environment Planning and Assessment Act relating to development control orders, states that: 1. The development control orders that may be given under the Act are as follows: (a) general orders in accordance with the table to Part 1 of Schedule 5, (b) fire safety orders in accordance with the table to Part 2 of Schedule 5, (c) brothel closure orders in accordance with the table to Part 3 of Schedule 5.
The use of the term ‘may’ rather than ‘must’ implies a level of discretion.
This wording is also contained in Section 124 of the Local Government Act which states that a Council: “may order a person to do or to refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table”.
However, Council’s Enforcement Standard states that: “all complaints regarding unlawful activities and uses will be investigated by Council unless: a) The matter has been actioned and resolved, or b) A Principal Certifier is responsible for monitoring compliance with the conditions of development consent where a construction certificate has been issued for works to be carried out (i.e. construction of a building).
2. Is it Council policy to apply discretion?
It is not Council policy to apply discretion when dealing with unlawful activity which is defined under the Enforcement Standard as: a) Contrary to the terms or conditions of a development consent, construction certificate, approval, or licence; b) Contrary to an environmental planning instrument that regulates the activities or work that can be carried out on particular land; c) Without a required development consent, approval, or licence; and d) Contrary to a legislative provision regulating a particular activity or work.
Clause 4.3.3 of Council’s Enforcement Standard states: 4.3.3 All complaints regarding unlawful activities and uses will be investigated by Council unless: c) The matter has been actioned and resolved, or d) A Principal Certifier is responsible for monitoring compliance with the conditions of development consent where a construction certificate has been issued for works to be carried out (i.e. construction of a building).
Council conducts its compliance activities in accordance with the Enforcement Standard, and by staff following detailed documented procedures and processes. The compliance process involves issuing of notices/orders and follow up action including legal action if required. This provides for a consistent, fair, and transparent process for all compliance matters.
3. Does Council keep track of when discretion is applied?
As outlined above, Council conducts its compliance activities in accordance with the Enforcement Standard, which states that “all complaints regarding unlawful activities and uses will be investigated by Council”. This provides for a consistent, fair, and transparent process for all compliance matters.
4. What training is given on the application of discretion?
All compliance staff are trained in the application of the Enforcement Standard and the detailed documented procedures and processes to follow when unlawful activities are established.
5. What checks and balances are in place for when discretion is applied?
As outlined above, all compliance staff are trained in the application of the Enforcement Standard and the detailed documented procedures and processes to follow when unlawful activities are established. Notices and Orders are reviewed and co-signed by a senior member of the compliance team. |
FILE NO: 159001.2021
SUBJECT: Question with Notice - Clr Ayyad - Staff Payouts
Please address the following:
1. In this term of Council, how much has been spent to pay out staff through terminating their contracts (please provide as a total number)?
Response
Termination payments for Key Management Personnel (KMP) are included as an aggregate amount in the Annual Report under the section ‘related party disclosures’, as required by the Local Government Code of Accounting and Financial Reporting. Please refer to the Annual Reports, which are publicly available on the Council’s internet pages.
KMP includes: · The Mayor; · Councillors; · Chief Executive Officer; · Directors; and · The Responsible Accounting Officer.
Under Section 337 of the Local Government Act 1993 (the Act), the CEO may appoint or dismiss senior staff only after consultation with Council. This provision only applies to senior staff.
Staff other than those listed as KMP, are employed under an award, not employed under contract. Any terminations or redundancies of these staff are managed as per the Award. Therefore the decision to terminate a non KMP is an operational decision, not a decision of Council.
Under section 335 of the Act (Functions of General Manager), the general manager of Council has been delegated responsibility for such functions. |
FILE NO: 159007.2021
SUBJECT: Question with Notice - Clr Ayyad - Travel
Please address the following:
1. In this term of Council, how many flights has Council booked (both interstate and international)?
2. How many hotel room nights have been booked in this term of Council?
Response
Travel undertaken by Council Staff and Councillors Internationally is declared publicly in the Annual Report each year. In relation to interstate and intrastate travel and accommodation, the Local Government (State) Award 2020 (Section 32) requires Council to develop a training plan and budget for such activities. The CEO, (under Section 335 of the Local Government Act – Functions of the General Manager) has endorsed a “Developing Talented People Policy’ to satisfy the requirements of the award. Any training and development matters for staff are therefore an operational decision, with the training and development budget being included in the budget approved by Council each year.
A detailed breakdown of information relating to Study Tours is included in response to a Question with Notice within this month’s Council papers. |
FILE NO: 196274.2021
SUBJECT: Question with Notice - Clr Hagarty - Animal Welfare
1. What is the process from when rangers attend to a found pet?
2. What is the average time between an animal being taken to the shelter and appearing on: · Council's website? · the facilities Facebook page?
3. What other channels are used?
4. What details are posted?
5. Are there KPIs for this?
6. Are Council meeting these KPIs?
7. Are there KPIs in place for rehoming animals?
8. Are Council meeting these KPIs?
9. How much time each day are dogs given out of their kennels?
10. What enrichment are they provided each day?
11. What strategies are in place to prevent dogs from suffering significant kennel stress such as aggressive behaviour, barking and lunging at people?
12. What training and information do rangers and rehoming officers undertake and have access to in relation to: · animal handling, enrichment and recognising body language? · the latest methods in animal rehoming? · dangerous dog handling?
A response to these questions with notice will be provided in the 28 July 2021 Council Meeting Business Papers. |
FILE NO: 196313.2021
SUBJECT: Question with Notice - Clr Kaliyanda - Digitisation of Services
Please address the following:
1. What Council services or functions have been digitised (partially or completely) as a response to the impacts of COVID-19?
2. Has follow up been conducted as to which of these were successful and which were not?
3. If so, what factors have been identified in the successful digitisation of a service or function?
4. What factors have been identified in the unsuccessful digitisation of a service or function?
5. Please outline what aspects of Council’s functions or services have explored, or are currently exploring, digital transformation to improve resident experience, effectiveness or efficiency.
A response to these questions with notice will be provided in the 28 July 2021 Council Meeting Business Papers. |
Nil.
ADDENDUM
FILE NO: 187161.2021
SUBJECT: Delivery Program 2017-2022, Operational Plan and Budget 2021-2022, including Revenue Pricing Policy, Fees and Charges
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Adopts the Draft Delivery Program 2017-2022 and Operational Plan and Budget 2021-2022, including Revenue Pricing Policy, Fees and Charges; and
2. Makes the fees and charges for the period commencing on 1 July 2021 as outlined in the draft Revenue Pricing Policy.
3. Report back as part of the first quarter budget review and identify strategies to reduce the bottom line deficit and bring Council to a balanced budget.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda
That CORP 05 be re-committed to show the voting.
On being put to the meeting the motion was declared CARRIED. Voting for CORP 05: Vote for: Mayor Waller, Clr Balloot, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib, Clr Rhodes and Clr Shelton. Vote against: Clr Ayyad and Deputy Mayor Hadid.
Note: Clr Hadchiti was not at the meeting. |
FILE NO: 196292.2021
SUBJECT: Bring the ABC to Liverpool
BACKGROUND
The ABC recently announced the relocation of 300 staff from inner-city Ultimo to new facilities in Western Sydney.
Instead of the planned move to Parramatta, the national broadcaster should look to Liverpool for its new headquarters.
Earlier this year, the national broadcaster was based in Liverpool for a month with a pop up news room and programs being hosted here.
The initiative was immensely successful and showed Liverpool was a more than worthy permanent home for our national broadcaster.
NOTICE OF MOTION (Submitted by Clr Hagarty)
That Council:
1. Approach the ABC about the viability of Liverpool being the new location of their headquarters in Sydney; and
2. Work with local stakeholders, property managers and other interested parties on a proposal should Liverpool be a viable option.
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Motion: Moved: Clr Hagarty Seconded: Clr Hadid
That Council:
1. Approach the ABC and SBS about the viability of Liverpool being the new location of their headquarters in Sydney;
2. Work with local stakeholders, property managers and other interested parties on a proposal should Liverpool be a viable option; and
3. Acknowledge the work of former Councillors and staff on working on bringing SBS to Liverpool.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 196304.2021
SUBJECT: Use of ‘environmentally sensitive’ artificial turf
BACKGROUND
Recently, Lane Cove Council on Sydney's North Shore advised that it would install what it says will be Australia’s first 'environmentally sensitive' artificial turf football field.
The project proposes that the synthetic field be constructed without any performance infill made of micro plastics.
The Council advises that artificial turf surfaces play a crucial role in accommodating the high demand and use of sporting fields across metropolitan Sydney. A synthetic surface can be played on intensively and extensively throughout all weather conditions.
The synthetic surface proposed is a fully woven product made of one polymer family (polyolefin). The woven construction results in the grass fibres and backing structure being produced as one combined product, with superior tuft lock and filament bind to traditional tufted grass. This will significantly reduce the likelihood of lost fibres migrating into the environment.
Critics say synthetic fields cause rubber and microplastics to leach into waterways; reduce the amenity for families and dog owners; potentially increase cancer risk through the chemicals used to make them; and cause unsustainably high temperatures near and on these fields on hot days.
New research by the Australian Microplastic Assessment Project (AUSMAP) with Northern Beaches Council, funded by NSW’s Environment Protection Authority, has found 80 per cent of the waste entering stormwater drains was black crumb (recycled tyres used for the base of these fields) and microplastics from astroturf – compared to 5 per cent in areas without these playing fields.
Earlier this year, campaigns by community groups objecting to synthetic grass installations at sportsfields led NSW Minister for Planning and Public Spaces Rob Stokes to prompt his department to investigate sustainable alternatives to synthetic grass.
This study is understood to be ongoing with no results yet released.
NOTICE OF MOTION (Submitted by Clr Kaliyanda) That Council: 1. Explore the feasibility of environmentally sustainable alternatives to synthetic turf surfaces for playing fields and recreational spaces; 2. Monitor the progress of DPIE’s investigation to sustainable alternatives to synthetic grass; and 3. Work with local sporting clubs and association to monitor and mitigate the impacts of synthetic turf fields on the urban heat island effect, as part of the overall measures to address this issue.
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Motion: Moved: Clr Kaliyanda Seconded: Clr Balloot
That Council: 1. Explore the feasibility of environmentally sustainable alternatives to synthetic turf surfaces for playing fields and recreational spaces; 2. Monitor the progress of DPIE’s investigation to sustainable alternatives to synthetic grass including for fields of national and international standards; and 3. Work with local sporting clubs and association to monitor and mitigate the impacts of synthetic turf fields on the urban heat island effect, as part of the overall measures to address this issue. On being put to the meeting the motion was declared CARRIED.
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Mayor Waller advised that Council would now move into Closed Session to deal with Items CONF 01 to CONF 10 because:
CONF 01, CONF 02, CONF 04 and CONF 05 are confidential pursuant to the provisions of s10A(2)(d)(i) of the Local Government Act 1993 because they contain commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
CONF 03, CONF 07, CONF 08 and CONF 09 are confidential pursuant to the provisions of s10A(2)(c) of the Local Government Act 1993 because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
CONF 06 is confidential pursuant to the provisions of s10A(2)(a) of the Local Government Act 1993 because it contains personal matters concerning particular individuals (other than councillors).
CONF 10 is confidential pursuant to the provisions of s10A(2)(a) (b) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors); AND matters concerning the personal hardship of any resident or ratepayer.
Council moved into Closed Session at 7.58pm.
COUNCIL IN CLOSED SESSION
FILE NO: 149889.2021
SUBJECT: Question with Notice - Clr Rhodes - Moorebank Intermodal Development Special Levy
FILE NO: 158994.2021
SUBJECT: Question with Notice - Clr Ayyad - Childcare in Civic Place
Please address the following:
1. What is the cost of the childcare component proposed in Civic Place?
2. How many children is it going to cater for?
3. Who is going to run it?
4. Did the original concept for Civic Place, as resolved in 2016, have a childcare centre?
5. If no, why did this change?
6. Who initiated this change?
7. Who completed the business case to justify this change?
8. How was the organisation that completed the business case chosen?
9. What date was the business case completed?
10. Who has seen the business case?
11. Does the business case contain a feasibility study?
12. Was any elected official consulted about a childcare in Civic Place before it was resolved by Council?
13. How much extra is it going to cost to build this childcare centre? This figure is to include fit out and any parking requirements that need to be built for this childcare.
Responses to questions on this item were sent to Councillors via a separate confidential report in accordance with S10A(2)(d)(i) of the Local Government Act 1993 because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. |
FILE NO: 158999.2021
SUBJECT: Question with Notice - Clr Ayyad - 33 Moore Street, Liverpool
Please address the following:
1. In this term of Council, how much has been spent on 33 Moore Street?
2. Can you please provide a breakdown of the costs? That is to include which levels the monies were spent on and for what purpose (as a minimum).
Responses to the above questions were sent to Councillors via a separate confidential report in accordance with S10A(2)(c) of the Local Government Act 1993 because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
FILE NO: 183547.2021
SUBJECT: Liverpool City Centre Parking Meters
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council, in accordance with section 55 (3) (i), of the Local Government Act 1993, approves:
1. Defer the public contesting of the provision for maintenance of Off-Street and On-Street Parking Machines for a period of four (4) months, ending 30 November 2021; and
2. Approves Reino International to continue delivering the current maintenance of Off-Street and On-Street Parking Machines services during this period.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. Note: Clr Hadchiti was not at this meeting.
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FILE NO: 180452.2021
SUBJECT: ST2956 - Receival, Processing and Recycling of Civil Construction and Maintenance Waste
Motion: Moved: Clr Harle Seconded: Clr Hadid
That Council: 1. Accept the Tender submissions from the following suppliers under the new tender ST2956 – Receival, Processing and Recycling of Civil Construction and Maintenance Waste for an initial two (2) years with an additional two (2) 12-month options (maximum 24 months) to extend.
· Benedict Recycling Pty Ltd · Bingo Waste Services Pty Ltd · The Trustee for Eco Resource Recovery unit trust · G.P.P. Excavation & Demolition Contractors Pty Ltd · Hi-Quality Recycling Services Pty Ltd · Total Drain Cleaning Services Pty Ltd 2. Makes public its decision regarding tender ST2956 - Receival, Processing and Recycling of Civil Construction and Maintenance Waste.
3. 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.
4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. Note: Clr Hadchiti was not at this meeting. |
FILE NO: 184376.2021
SUBJECT: Interim Heritage Order - 124 Moore Street, Liverpool
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council:
1. Endorse the finding of the independent assessment of heritage significance prepared by Edwards Heritage for 124 Moore Street, Liverpool;
2. Direct the CEO to prepare a planning proposal to amend the Liverpool Local Environmental Plan 2008 to include 124 Moore Street, Liverpool in Schedule 5 – Environmental Heritage;
3. Note the planning proposal is required to be considered by the Liverpool Local Planning Panel pursuant to the Local Planning Panels Direction – Planning Proposals dated 27 September 2018; and for the Panel’s advice to be considered by Council prior to Council making a decision to forward the planning proposal to the Department of Planning, Industry & Environment for a Gateway determination; and
4. Notify the landowner of Council’s decision.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 186341.2021
SUBJECT: Transfer of Lot 50 DP 1261083 to Council for dedication as Public Road.
Motion: Moved: Clr Hagarty Seconded: Clr Harle
That Council:
1. Approves the transfer of Lot 50 DP 1261083 at Edmondson Avenue, Austral to Council, at nil value, for dedication as a public road, as part of the proposed Edmondson Avenue road widening, on the terms outlined in this report;
2. Authorises the CEO or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;
3. Resolves to classify Lot 50 DP 1261083 as “operational” land in accordance with the Local Government Act, 1993;
4. Also resolves to dedicate the land as public road upon completion of transfer; and
5. 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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FILE NO: 187108.2021
SUBJECT: Transfer/Dedication as Public Road of Lot 1 DP129675, Lot 1 DP996420, Lot 2 DP996420 and Lot 1 DP1230172 Elizabeth Drive, Badgerys Creek to Council
Motion: Moved: Clr Hagarty Seconded: Clr Harle
That Council:
1. Provides approval to enter into a Security of Purpose Deed with the Commonwealth of Australia associated with the proposed transfer/dedication of land being Lot 1 DP 129675, Lot 1 DP 996420, Lot 2 DP 996420 and Lot 1 DP 1230172 at Elizabeth Drive, Badgerys Creek as public road on the terms outlined in this report;
2. Authorises the CEO or his delegated officer to execute the Security of Purpose Deed, under power of Attorney, necessary to give effect to this decision;
3. Resolves to classify the land being Lot 1 DP 129675, Lot 1 DP 996420, Lot 2 DP 996420 and Lot 1 DP 1230172 as “operational” land in accordance with the Local Government Act 1993, if the land is transferred prior to dedication as public road;
4. Also resolves to dedicate the land as public road if transferred to Council;
5. Notes that if Council changes the use from Public Road, or seeks to sell the land in the future, it may need to pay compensation and or grant a covenant in favour of the Commonwealth; and
6. 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. |
FILE NO: 187934.2021
SUBJECT: Further investigation of potential Surplus Properties
Motion: Moved: Clr Harle Seconded: Clr Hagarty
That Council:
1. Endorse the recommendation to retain the following properties subject to future requirements on the terms outlined in this report:
· 75-77 Hill Road, Lurnea (comprising Lot 1 DP 513777, Lot 2 DP 513777, Lot 3 DP 513777 and Lot 4 DP513777); · 22 First Avenue, Hoxton Park (comprising Lot 1 DP 1220807, Lot 2 DP 1220807 and Lot 3 DP 1220807); and · 9 McLean St, Liverpool (Lot 7 DP 238364).
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 200728.2021
SUBJECT: Interim Heritage Order - 10 Hoxton Park Road, Liverpool
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Issue an Interim Heritage Order on 10 Hoxton Park Road, Liverpool and for appropriate funds to be allocated to engage an Independent Heritage Consultant to undertake a Heritage Significance Assessment;
2. Notify the landowner and real estate agent of Council’s decision; and
3. Receive a further report in October 2021 on the findings of the Independent Heritage Significance Assessment and for a decision by Council on whether to list the property in Schedule 5 Environmental Heritage of the Liverpool Local Environmental Plan 2008.
On being put to the meeting the motion was declared CARRIED.
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OPEN SESSION
Council moved back into Open Session at 8.33pm. Mayor Waller read out the resolutions that were passed in Closed Session (as shown on the previous pages) and also advised that there was a lost motion for CONF 01.
THE MEETING CLOSED AT 8.39pm
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 28 July 2021
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 30 June 2021. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.