That the minutes of the Ordinary Meeting held on 23 February 2022 be confirmed as a true record of that meeting subject to the following amendment being made to the minutes:

·      In the Declarations of Interest section of the minutes (as shown on page 11 of the Council Agenda for 23 February 2022), item NOM 12 Assisting the Liverpool Chamber of Commerce to Support the Liverpool Business Economy has Clr Hagarty’s name twice. The second declaration for NOM 12 should be corrected from Clr Hagarty’s name to Clr Harle’s. Therefore it should read as follows:

During the meeting, while dealing with NOM 12, Clr Harle declared a non-pecuniary, less than significant interest in the following item:

         NOM 12        Assisting the Liverpool Chamber of Commerce to Support the Liverpool        Business Economy.

         Reason:        Clr Harle is a member of the Liverpool Chamber of Commerce.

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

MOTION OF URGENCY

DA-1212/2021 in Casula

In accordance with Clause 8.3 of Council’s Code of Meeting Practice, the Chairperson Mayor Mannoun, ruled the above matter as urgent and as such it was dealt with at this meeting. 

Motion:                                  Moved: Clr Ammoun         Seconded: Clr Kaliyanda

In regards to the application DA-1212/2021 in Casula, that Council:

1. Assist the Casula Community Group for Responsible Planning Inc., in whatever ways necessary, to join the proceedings in the Land and Environment Court on this matter to ensure that a vigorous case is made in the best interests of the community;

2. Reference the successful model/approach that was used by Council’s Legal Team and the Casula Community Group for Responsible Planning Inc. in 2016 for similar court proceedings against the De Angelis Hotel and Investment Group for their proposed Casula Hotel development; and

3. Councillors be kept up to date on the progress.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Harle

That Council:

1.    Notes the assessment of the planning proposal request for land at 84 Memorial Avenue, Liverpool (Lot 100 DP 1014714) and the independent peer review;

2.    Notes the advice of the Liverpool Local Planning Panel;

3.    Not support the planning proposal request and not refer it to the Department of Planning and Environment for a Gateway determination; and

4.    Advises the proponent of Council’s decision.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Ammoun

That Council:

1.    Notes the Gateway determination for Liverpool Local Environmental Plan 2008 (Amendment 94) and the results of public authority and community consultation; and

2.    Proceeds with Amendment 94 to the Liverpool Local Environmental Plan 2008 and delegates authority to the Acting CEO (or delegate) to liaise with the NSW Parliamentary Counsel’s Office and the Department of Planning and Environment to finalise Amendment 94.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Harle

That Council:

1.    Notes the advice of the Liverpool Local Planning Panel;

2.    Endorses in principle the planning proposal request to amend Clause 9 in Schedule 1 – Additional permitted uses of the Liverpool Local Environmental Plan 2008;

3.    Delegates to the Acting CEO (or delegate) the preparation of the formal planning proposal including any typographical or other editing amendments if required;

4.    Forwards the planning proposal to the Department of Planning and Environment, pursuant to Section 3.34 of the Environmental Planning and Assessment Act 1979, seeking a Gateway determination;

5.    Subject to Gateway determination, undertake public exhibition and community consultation on the planning proposal in accordance with the conditions of the Gateway determination and the Liverpool Community Participation Plan; and

6.    Receive a further report on the outcomes of public exhibition and community consultation.

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

Councillors voted unanimously for this motion.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid  

That Council:

1.    Receives and notes this report; and

2.    Investigate Council run indoor sporting facilities as part of the Community Strategic Plan.

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

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Rhodes

That Council:

1. Place the Draft Code of Meeting Practice on public exhibition (for 28 days) and receive comments up to 42 days in accordance with Section 361 of the Local Government Act, 1993 subject to the following changes:

i.      Additional information to Clause 19.2 (shown in red below) to ensure details of foreshadowed motions are included in the Council minutes:

Clause 19.2:   As a minimum, the CEO must ensure that the following matters are recorded in the council’s minutes:

a)     the names of councillors attending a council meeting and whether they attended the meeting in person or by audio-visual link,

b)     details of each motion moved at a council meeting and of any amendments to it, including any foreshadowed motions

c)      the names of the mover and seconder of the motion or amendment, or foreshadowed motion

d)     whether the motion or amendment was passed or lost,  and whether the foreshadowed motion was voted on (and if so, if it was passed or lost), and

e)     such other matters specifically required under this code.

ii.     The following additional sentence be added to Clause 3.1 (shown in red below):

Clause 3.1:   The council, shall, by resolution, set the frequency, time, date and place of its ordinary meetings.

Council to trial day time Council meetings for a period of three months.

iii.    The following change (shown in red below) to be made to Clauses 18.1 – 18.5 relating to Time Limits on Council Meetings:

18 Time limits on Council meetings

            18.1     Meetings of the council and committees of the council are to conclude no later           than 11.00pm without an extension.

Note: Staff required to attend Council meetings will be instructed by their immediate supervisor to commence work on the day of the scheduled Council meeting at a time that will ensure that their ordinary hours of work shall not exceed 12 hours in any one day excusive of unpaid meal breaks, The affected staff should not resume duty without receiving 10 consecutive hours off duty.

            18.3     If the business of the meeting is unfinished at 11pm, the chairperson must                  either:

(a)        defer consideration of the remaining items of business on the agenda to the     next ordinary meeting of the council, or

(b)        adjourn the meeting to a time, date and place fixed by the chairperson prior to the meeting being declared closed.  

     18.4     Clause 18.3 does not limit the ability of the council or a committee of the                    council to resolve to adjourn a meeting at any time. The resolution adjourning                  the meeting must fix the time, date and place that the meeting is to be                            adjourned to.

            18.5     Where a meeting is adjourned under clause 18.3 or 18.4, the CEO must:

(a)        individually notify each councillor of the time, date and place at which the meeting will reconvene, and

(b)        publish the time, date and place at which the meeting will reconvene on the council’s website and in such other manner that the general manager is satisfied is likely to bring notice of the time, date and place of the reconvened meeting to the attention of as many people as possible.

iv.   An additional sentence (shown in red below) to be added to the Public Forum section relating to determining an extension of time to speakers as part of Presentations or Representations:

            Presentations and representations

            4.5       A presentation or representation shall not exceed three minutes in duration. At           the expiration of two minutes, the speaker will be given a warning that one                   minute of time remains to conclude his or her presentation or representation.             The Chairperson of the meeting, may resolve to grant an extension of time to           the speaker.

2.    Receive a further report at the May 2022 Council meeting following the public consultation period, or if no submissions are received, delegate to the Acting CEO to adopt the Code of Meeting Practice as exhibited.

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

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Hadid

That Council

1.    Receives and notes this report; and  

2.    Staff bring to Council a balanced budget by realising cost savings via a restructure as per Section 333 of the Local Government Act 1993 which states that a restructure must be done within twelve (12) months from a council election with the clear aim of ensuring and improving front line service delivery.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Kaliyanda

That any Councillor who wishes to attend the Australian Local Government Women’s NSW Conference to be held in Fairfield from 7 to 9 July 2022 notify the Councillor Support Officer by 11 April 2022.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Green

That Council authorise the Acting Chief Executive Officer to submit an application to the Independent Pricing and Regulatory Tribunal for a permanent Additional Special Variation of one per cent, commencing in the 2022-23 financial year under Section 508(2) of the Local Government Act.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadid

That Council receive and note this report.

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

COUNCIL DECISION

Motion:                                  Moved: Mayor Mannoun     Seconded: Clr Green

That Council:

1.    Receives and notes this report; and

2.    With regard to the proposed project number point 11 in the report, “Liverpool Stadium at Woodward Park”, the description to be added to, to state that it is to refer to an entertainment and community space as well.  

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

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Green

That Council:

1.    Notes the current Outdoor Dining Policy is overdue for review and has been updated by Council officers to reflect the changing nature of the municipality; and

2.    Adopts the updated Outdoor Dining Policy 2022 and notes the policy will be reviewed further to reflect Council’s Public Domain Technical Manual when that document becomes available and to incorporate feedback from businesses, community, and Council following the current proposed changes.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council:

1.    Receives and notes the Minutes of the Audit, Risk and Improvement Committee Meeting held on 4 February 2022; and

2.    Receive and notes the Annual Assurance report.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council receives and notes the meeting notes of the Liverpool Youth Council meeting held on 12 October 2021 and the minutes of the Liverpool Youth Council meeting held on 8 February 2022.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council receives and notes the Minutes of the Environment Advisory Committee Meeting held on 7 February 2022.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council receives and notes the minutes of the Strategic Panel meeting held on 14 February 2022.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council:

1.    Receives and notes the Minutes of the Tourism and CBD Committee Meeting held on 22 February 2022.

2.    Endorse the recommendations in the Minutes.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That Council adopts the minutes of the Budget Review Panel meeting held on 17 February 2022.

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

Please address the following:

Does Council have a flood evacuation plan in place for the LGA?

Response (provided by Infrastructure and Environment)

Reference is made to the above question with notice as well as discussions at the Council Meeting of 23^rd February 2022 regarding broader emergency evacuation planning and management issues. The following responses are provided:

1.      Flood Evacuation Plan

The NSW State Emergency Services (SES) has the primary responsibility for flood emergency management and evacuation during floods. The SES has accordingly developed a Flood Evacuation Plan for the Greater Sydney area including Liverpool LGA and undertakes emergency flood evacuation during major floods. Known as the Liverpool City Council Flood Emergency Plan, it is a sub-plan of the Liverpool City Council Local Emergency Management Plan (EMPLAN). It has been prepared in accordance with the provisions of the State Emergency Service Act 1989 (NSW) and is endorsed by the Local Emergency Management Committee in accordance with the provisions of the State Emergency and Rescue Management Act 1989 (NSW).

The EMPLAN is active at all times in anticipation of the need to coordinate support and resources requested by combat agencies, including the SES. The Flood Plan can be viewed via the following link Flood Storm and Tsunami Plans | NSW State Emergency Service.

While Council is not responsible for flood evacuation, Council provides logistic support such as assistance with road closures, following request from the SES and Police. Council also assists SES in identifying flood hotspots by providing flood risk and flood depth maps, identifying properties needing evacuation and roads subject to flooding.

2.      Georges River Regional Flood Evacuation Study

While the Flood Evacuation Plan for the Liverpool LGA outlines satisfactory strategies for the evacuation of existing residents from severely flood prone areas, the Plan does not cover the future risk and evacuation strategies arising from continuing development and occupation of flood prone lands along the Georges River. Council is therefore undertaking a broad Georges River Regional Flood Evacuation Study, which is in response to actions identified by the Greater Sydney Commission’s Collaboration Area Place Strategy and the requirements of the Department of Planning and Environment. This study will identify any capacity constraints along key flood evacuation routes and the outcomes of this Study will be crucial in guiding the extent of possible future development of the flood prone lands along the Georges River.

It is possible that while flood free and accessible to the 100-year flood level, evacuation routes could become inaccessible quite rapidly in flood events even slightly over the 100-year event, thus making any emergency evacuation and recovery efforts impossible, with consequent serious risks to human life.

Areas in Moorebank East that are affected by flooding from the Georges River are relevant examples of this. These areas are located above the 100-year flood level and can be accessible in floods up to that level. However, in larger floods they will become flood islands isolated by hazardous flood waters, and it will be quite possible for these flood islands to be completely inundated by hazardous flooding. Because these areas can be isolated and remain inundated by hazardous flooding for over two days, sheltering in place is not considered to be an appropriate primary or secondary flood response. These properties must therefore be evacuated before the evacuation routes are cut.

It should also be noted that the State Emergency Services, as the responsible authority for

emergency evacuation during floods, do not support council approving developments on such flood prone lands unless appropriate access for fail-safe evacuation of the entire

population at risk of flooding is made available. The Georges River Regional Flood Evacuation Study will enable effective discussions with all key State agencies regarding controlled development and occupation of flood prone lands.

3.      Flood detention basins

With regards to flooding impacts arising from a lack of or delayed construction of flood detention basins, the following response is provided.

Development of new release areas involves construction of new roads, driveways and dwellings, transforming rural lands to urban housing estates. As a result of this transformation, the volume of stormwater runoff increases significantly and could potentially cause increased flooding unless appropriate stormwater management infrastructure is in place. To mitigate the adverse impacts of flooding and to allow controlled occupation of flood prone lands, Council has developed a flood detention basin strategy which is being progressively delivered across the new release areas of Edmondson Park, Austral, Leppington North and East Leppington.

Until the basins are constructed and operational, the developers are required to construct interim onsite flood detention basins (OSD) to reduce stormwater runoff to its pre-development conditions to ensure there are no adverse flooding impacts or increased flooding on adjoining properties. Following completion of the regional basins the developers will be permitted to decommission the temporary basins and develop the land for residential development. In view of this, it is unlikely that any flooding is caused by a lack of flood detention basins. It is considered that increasing rainfall frequencies and intensities coupled with inadequate capacities of the downstream creeks and waterway systems are the main contributors to flooding.

Please address the following:

1.      What update is there on the Georges River Flood Evacuation Studies currently being conducted by DPIE?

2.      What impact will the proposed development along the Georges River have on existing developments, especially residential developments, and on local flooding?

3.      What community consultation has been done/is proposed in this area, either by DPIE or Council?

4.      Will residents be advised about the potential for increased risk of future flooding?

Responses (provided by Infrastructure and Environment)

1.      What update is there on the Georges River Flood Evacuation Studies currently being conducted by DPIE?

The Georges River Regional Flood Evacuation Study aims to identify any capacity constraints along key flood evacuation routes affected by flooding from the Georges River. The outcomes of this Study will be crucial in guiding the extent of possible future development and occupation of the flood prone lands along the Georges River.

The Study is being undertaken by Molino Stewart as part of actions identified by the Greater Sydney Commission’s Collaboration Area Place Strategy and in response to the Department of Planning and Environment requirement that flood evacuation be considered for planning proposals in areas affected by flooding from Georges River.

Detailed investigation including flood evacuation modelling has been completed and a draft report has been prepared. The report has been provided to key stakeholders including the NSW State Emergency Services (SES), Transport for NSW (TfNSW), the Environment, Energy and Science Group (EES) and major developers who have active planning proposals within the study area for review and comment. At this stage, it is anticipated that a Councillor briefing will be provided prior to the April meeting of Council.

2.      What impact will the proposed development along the Georges River have on existing developments, especially residential developments, and on local flooding?

The purpose of the Study is to identify and assess the potential impacts arising from developments along the Georges River. This will then inform the extent of any development that can be supported, and flood mitigation required such that there are no adverse flood impacts.

3.      What community consultation has been done/is proposed in this area, either by DPIE or Council?

Council has undertaken extensive consultations with key stakeholders such as SES, EES, TfNSW, and major developers as outlined above. Additionally, consultation has occurred for each of the planning proposals along the banks of the Georges River in accordance with Council’s Community Participation Plan (CPP).

Due to its technical nature, the Georges River Regional Flood Evacuation Study itself would not be subject to a public consultation process. However, any changes to the Flood Evacuation arrangements arising from this study will indeed be communicated to the affected residents.

4.      Will residents be advised about the potential for increased risk of future flooding?

As outlined above, the purpose of the Study is to identify and assess the potential flood evacuation impacts arising from developments along the Georges River. Comprehensive consultation has been undertaken with the SES to assess impacts of potential future developments on flood evacuation capacity and associated risks. Appropriate mitigation measures will be required to ensure existing and future flood affected community are not subject to increased flood risks resulting from potential future developments on the floodplain of the Georges River.

Residents of flood prone areas are advised of risks associated with flooding under council’s ongoing flood risk management program. The properties along Newbridge Road in Moorebank, which are located on one of the worst flood ways in NSW, are notified of risks of flooding via letters as part of the Moorebank Voluntary Acquisition Scheme. Council has also installed flood level markers and flood warning signs at flood hotspots across the LGA.  In addition to Council initiatives, the SES undertakes flood awareness campaigns in the flood affected areas.

With reference to Wattle Grove Lakeside Park, please address the following:

1.      Is there a Master plan for Wattle Grove Lakeside Park, if so, how is it funded and does it include provision for the replacement of the North/West timber retaining wall (full of white ants) with a one-time improvement of cut sandstone blocks as was done at Clinches Pond?

2.      What more can be done to improve the water quality of Wattle grove lake, short of emptying it and removing all of the 30-year built up sludge, decomposing vegetation and refuse washed into the lake?

3.      What is the primary funding source for the ongoing maintenance of flood retention basins in the Liverpool LGA?

Response (provided by Infrastructure & Environment)

1.      Is there a Master plan for Wattle Grove Lakeside Park, if so, how is it funded and does it include provision for the replacement of the North/West timber retaining wall (full of white ants) with a one-time improvement of cut sandstone blocks as was done at Clinches Pond?

A masterplan for Wattle Grove Lakeside Park was developed in 2010 to guide ongoing improvements and upgrades to Lakeside Park. Substantial elements of this Plan have been delivered over the past several years including a playground, outdoor gym equipment, entry statements, signage and landscaping works. The proposed 2022-23 works program has provisions for the installation of solar lighting at Lakeside Park to supplement existing lighting at this location. Funding for the staged implementation of this masterplan comes through a range of sources including General Funds and Grant Funding where applicable.

While the masterplan does not contemplate the replacement of the existing timber walls with sandstone blocks, due to its current condition the walls will be programmed for detailed condition assessment. If the walls are found to be in a poor condition needing full replacement, longer lasting materials such as sandstones will be considered for any replacement. This will be programmed as part of council’s capital works program.

2.      What more can be done to improve the water quality of Wattle grove lake, short of emptying it and removing all of the 30-year built up sludge, decomposing vegetation and refuse washed into the lake?

Wattle Grove Lake was constructed as part of land development by the Defence Housing Authority (DHA) in 1993. The Lake was originally constructed as a stormwater detention basin with the primary function of capturing and storing stormwater prior to discharging to Anzac Creek and ultimately the Georges River. However, over the years the function of the Lake has undergone significant change and has now become a crucial part of the local ecosystem, providing habitat to native aquatic fauna as well as a number of exotic and native bird species, including ducks, geese and possibly others, from the nearby Georges River environs.

Following a major fish kill event in 2012, Council has invested significant resources and has worked with numerous consultants including the Western Sydney University to develop a detailed understanding of the underlying factors that are causing the water quality issues. There has been no conclusive underlying reason identified for water quality issues. However, insufficient depth of the lake to allow sediment particles to settle appears to be causing higher turbidity and the appearance of poor water quality.

Over the past few years, Council has progressively implemented a number of recommended water quality improvement initiatives including bank erosion protection works, installation of fountains/aerators, removal of carp and eels and modification to existing gross pollutant traps (GPT) to improve GPT performance. The lake has been included in Council’s ongoing monthly water quality monitoring program.

Council considers that the above measures together with ongoing monitoring of water quality have been successful in addressing the extreme conditions that resulted in fish kills. Results of water quality analysis since 2014 shows marked improvements in the quality of the water. The following graphs show the trends in the various quality parameters that are being tracked for Wattle Grove Lake. As can be seen, there is marked improvements in the key measures including turbidity and nutrient levels.

Wattle Grove Lake - water quality monitoring results (turbidity & temperature)

Wattle Grove Lake - water quality monitoring results (nutrient levels)

Photos of Wattle Grove Lake as at 23^rd February 2022

To assess opportunities of potential permanent solutions to water quality issues, Council has undertaken further investigations, which has shown that a system of Floating Wetland could improve water quality over time. However, the indicative cost for the 8,000 square metres of floating bed required to achieve desired outcome is estimated at over $5 Million.

Regarding emptying the lake and removing built-up sediments from the lake, as outlined above, the man-made lake has now become a crucial part of the local ecosystem providing habitat to native aquatic fauna. Pumping and disposal of polluted materials will have significant environmental impacts within the lake area as well as on Anzac Creek. 

3.      What is the primary funding source for the ongoing maintenance of flood retention basins in the Liverpool LGA?

Maintenance of all stormwater infrastructure including the flood detention basins is funded through Council’s own general funds and Stormwater Management Service Charge, which generates approximately $1.4M annually.

Please address the following:

1.      How does Council determine the adoption fees at the Liverpool Animal Shelter?

2.      Is there a process for reducing fees for animals held long term?

3.      Does Council conduct regular benchmarking for adoptions fees against other Councils and animal shelters?

4.      Has Council considered animal adoption days?

5.      What strategies has Council engaged to accommodate no kill strategies?

6.      What are the animals being fed at the shelter?

Response (provided by Planning and Compliance)

1.      How does Council determine the adoption fees at the Liverpool Animal Shelter?

Adoption fees are based on the cost of veterinary services including a health check, desexing, vaccination, flee treatment and worming. It does not consider daily boarding fees. The adoption fees are included in Council’s Fees and Charges schedule which is approved annually by Council.

2.      Is there a process for reducing fees for animals held long term?

Council has a “Pet of the Week” promotion where the fee is reduced. The pet of the week promotes animals that have been difficult to rehome and have been at the shelter for a long period of time. Council also has a reduced fee for rescue groups for such animals.

3.      Does Council conduct regular benchmarking for adoption fees against other Councils and animal shelters?

Yes, Council has benchmarked adoption fees against other Councils who rehome their own animals and Council fees are within the range that other Council’s charge. Council reviews its fees annually and reports the proposed fees to Council for approval as part of the Fees and Charges Schedule accompanying the Operational Plan. The fees are also publicly exhibited.   

Liverpool City Council’s fees are:

Dog - $364.30

Dog under 6 months - $349.40

Pet of the week - $156.90

Purchase by Rescue group - $41.80 (if already desexed)

Purchase by Rescue group - $156.90 (desexing required)

Cat - $257.30

Kitten - $232.00

Pet of the week - $156.90

Purchase by Rescue group - $41.80 (if already desexed)

Purchase by Rescue group - $115.10 (if desexing required)

Comparison of fees with other Councils who rehome their own animals:

4.      Has Council considered animal adoption days?

Yes, Council has an Adoption Day scheduled for 12 March 2022 and has previously held such days as required. During the COVID lockdown, there was no need for adoption days as most dogs were successfully rehomed in a short period of time.

5.      What strategies has Council engaged to accommodate no kill strategies?

Council’s strategies include:

·           Employed a permanent Animal Rehoming Officer;

·           Employed two Assistant Rangers to take dogs that are microchipped directly to their homes rather than taking them into the shelter;

·           Pet of the Week promotion which advertises dogs that are difficult to rehome at a reduced price; 

·           Advertise available dogs on Council’s social media platforms, Pet Rescue and Savour Life Adopt-A-Pet websites;

·           Promotional adoption day (when required);

·           Work with Rescue Groups by communicating with them weekly as to what animals are available for rehoming. These are offered at a discounted rate;

·           Communicate and build relationships with new Rescue Groups that don’t have an agreement with Council;

·           Provide enrichment programs, training, and good care for the animals to assist in the rehoming process; and

·           Animals are medically checked when entering the shelter and provided with Vet care when required.

6.      What are the animals being fed at the shelter?

Rossmore Vet is responsible for feeding animals as part of the agreement with Council. Animals are fed a mixture of wet and dry food.

Please address the following:

1.    How are milestones and progress on identified RAP goals reported?

2.    What RAP goals are applicable to councillors?

3.    How are training needs within Council identified and filled?

4.    Has there been consideration to the application of other mechanisms or frameworks for improving Council’s engagement with, and support for our First Nations community, as well as improving our inclusivity and diversity within the organisations?

5.    If so, what mechanisms or frameworks have been considered and how?

A response to these questions will be provided in the business papers for the Council meeting of 27 April 2022.

Please address the following:

1. Did Council pay for the Sydney Weekender episode which aired Sunday 13 March, 2022? If so, what was the total cost of this engagement?

2. Was a business case, cost benefit analysis or similar undertaken prior to formalising the engagement? If so, can this be made available to Councillors?

A response to these questions will be provided in the business papers for the Council meeting of 27 April 2022.

In recent years, extended periods of hot and wet weather have led to an outbreak of mosquitoes in the Liverpool LGA and along the Georges River. This year is no different.

With reports of Japanese Encephalitis and Ross River Virus, this has the potential to become an increasingly serious public health issue as these mosquito breeding events become more intense, longer and frequent due to climate change.

The Federal Government recently announced a Japanese Encephalitis Virus (JEV) Response and established a national working group.

Please address the following:

1.    Will Council be applying for funding under the Japanese Encephalitis Virus (JEV) Response?

2.    To date, what lessons have been learned from Council’s Mosquito Management Plan?

A response to these questions will be provided in the business papers for the Council meeting of 27 April 2022.

The Report of Public Inquiry into Central Coast Council recommends:

The Local Government Act 1993 be amended to eliminate any asserted ambiguity in section 409(3) of that Act to make it clear that money received as a result of levying rate or charges under any other Act may not be used otherwise than for the purpose for which the rate or charge was levied.

Section 409(3) of The Local Government Act 1993 states:

(3)  However—

(a)    money that has been received as a result of the levying of a special rate or charge may not be used otherwise than for the purpose for which the rate or charge was levied, and

(b)    money that is subject to the provisions of this or any other Act (being provisions that state that the money may be used only for a specific purpose) may be used only for that purpose, and

(c)    money that has been received from the Government or from a public authority by way of a specific purpose advance or grant may not, except with the consent of the Government or public authority, be used otherwise than for that specific purpose.

Please address the following:

1.    Does Liverpool Council receive any money from special rates or charges?

2.    If so, what are these rates or charges?

3. What measures does Council have in place to ensure the money raised from any special rates or charges are used for the purpose for which they are levied?

A response to these questions will be provided in the business papers for the Council meeting of 27 April 2022.

SIMTA has notified residents along the north side of Junction Road from Anzac Road to Nuwarra Road Moorebank their intention to run 33kv overhead transmission lines along existing transmission lines.

The transmission lines are also planned to be running underground along Anzac Road.

SIMTA also advised residents they would visit properties in the work area early in 2022 to discuss specific impacts and to understand if anyone whether anyone at the addresses has any individual circumstances or requirements that would like us to consider in development of their specific workplans.

It is noted that the communication to constituents to the norther side of Junction Road was only to inform them of the decision already made by SIMTA.

Residents in the area have since provided feedback to SIMTA regarding their EMF concerns noting;

a)    The recommendation from former Chief Justice of the High Court of Australia Sir Harry Gibbs (Ausgrid state they apply prudent avoidance.

b)    Underground cables especially multicore as used for 33kV produce a much lower values of EMF.

c)    The proposed 33kV in Junction Rd would be installed above existing 11kV which is above existing 415v. Having three different voltages on the same pole reduces reliability, increases ongoing operational costs and poses additional safety risks to the local community.

d)    The proposed 33kV overhead would place additional restrictions on future development of the properties in Junction Road due to the larger safety clearances required for 33kV.

e)    Government projects should not save money at the expense of the public health, safety and value of properties.

f)     Restriction to tree canopy that line the road, that would otherwise serve the purpose of heat minimisation whist at a time when the State Government is advocating for heat minimisation particularly in western Sydney.

g)    All new developments in the Sydney basin have underground power.

h)    The advice from SMITA states the works is an upgrade when in fact it is new work made necessary to service the Intermodal Development.

Please address the following:

1.    What can Council do, or what is going to do to stop the proposed overhead transmission lines in order to protect the health, safety, and property values of our Liverpool residents?

A response to this question will be provided in the business papers for the Council meeting of 27 April 2022.

COUNCIL DECISION

Motion:                                  Moved: Clr Rhodes              Seconded Clr Goodman

That Council write to all government departments involved in the intermodal as well as Endeavour Energy asking them not to discriminate against the residents / property owners of Junction Road, Moorebank by installing the proposed new 33kV powerlines aboveground  and place them underground like they are doing in Anzac Road close to the intermodal.

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

BACKGROUND

The next Federal Election is expected to be held in May 2022.

Working in conjunction with its member state and territory associations, the Australian Local Government Association (ALGA) has developed a framework and resources for a national advocacy campaign that will run in the lead up to this election.

Based around the tagline of “Don’t Leave Local Communities Behind”, the goal is to secure funding and policy commitments that will support every Australian council and community, and ensure all Australians have an equal opportunity to share in the benefits of Australia’s post-pandemic recovery.

All Australian councils have been asked to participate in this campaign to ensure a coordinated approach that will deliver the best possible outcomes.

The Don’t Leave Local Communities Behind campaign will promote 17 priority asks in the portfolios of:

·           economic recovery

·           transport and community infrastructure

·           building resilience

·           circular economy, and

·           intergovernmental relations.

These priorities are based on motions passed by councils at ALGA’s annual National General Assembly and have been endorsed by ALGA’s Board which is comprised of representatives from all state and territory Local Government Associations. They have been assessed by independent economists and would add around $6.46 billion per year to Australia’s Gross Domestic Product while creating 43,444 jobs.

The Don’t Leave Local Communities Behind campaign will run for five weeks, with each week focussing on one of the five portfolio areas. The full list of national Federal Election priorities that will be promoted through this campaign is outlined below:

Economic recovery

1.      An initial injection of Financial Assistance Grants to local government of $1.3 billion to support communities and jobs and also resolve the current practice of bringing forward two quarterly Financial Assistance Grant payments each year. 

2.      A commitment to return Financial Assistance Grants to at least one percent of Commonwealth taxation revenue via a phased approach.

Transport and community infrastructure 

3.         $500 million per annum for a four-year continuation of the Local Roads and Community Infrastructure Program. 

4.         A strategic local roads investment program of $300 million per annum over four years to address road transport first and last mile issues and congestion on local roads. 

5.         An increase in Roads to Recovery to $800 million per annum (an additional $300 million per annum) and the Black Spot Program to $200 million per annum over four years, while addressing the South Australian road funding anomaly by making the additional $20 million per annum to SA in 2021-22 and 2022-23 permanent. 

6.         Continuing the Stronger Regional Digital Connectivity Package at $55 million over four years. 

7.         $200 million over four years to assist councils to develop and implement innovative housing partnerships.

Building resilience

8.         A targeted disaster mitigation program of $200 million per annum for four years which will reduce the costs of response and recovery and strengthen community resilience. 

9.         A commitment to ensuring betterment funding as a core element of disaster recovery funding arrangements. 

10.   A commitment to include community infrastructure that is publicly accessible and owned, and local government waste, water and wastewater assets under Disaster Recovery Funding Arrangements. 

11.   A Local Government Climate Response Partnership Fund of $200 million over four years to enable planning and preparation to minimise the impacts of climate change in local communities and enable councils to achieve climate neutrality as soon as practicable. 

12.   $100 million per annum over four years provided directly to local governments to support the capabilities of Indigenous councils and the implementation of the Closing the Gap local/regional voice.

Circular economy

13.   Support to provide guidance and advice to councils on how to unlock the circular economy locally, particularly in rural, regional, and remote areas. 

14.   Support to investigate and, if feasible, implement a national bin harmonisation program that will improve kerbside recycling, reduce contamination, and maximise opportunities for reuse. 

15.   $100 million per annum over four years to fund local government circular waste innovation projects.

Intergovernmental relations

16.   Reinstating local government representation to the primary intergovernmental forum in Australia, the National Cabinet. 

17.   Ensuring local government’s ongoing voting membership of other relevant Ministerial forums.

ALGA has developed free campaign resources that can be adapted and used by all councils to ensure a consistent and effective approach. 

Participating in a national advocacy campaign does not preclude this council from advocating on additional local needs and issues, but it will strengthen the national campaign and support all 537 Australian local governments.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1.   Support the national funding priorities of the Australian Local Government Association (ALGA), which would contribute an estimated $6.46 billion per year to Australia’s GDP and create 43,444 jobs; and

2.   Support and participate in the Australian Local Government Association’s advocacy for their endorsed national funding priorities by writing to the local Federal Member(s) of Parliament, all known election candidates in local Federal electorates and the President of the Australian Local Government Association to:

·    express support for ALGA’s funding priorities;

·    identify priority local projects and programs that could be progressed with the additional financial assistance from the Federal Government being sought by ALGA; and

·    seek funding commitments from the members, candidates and their parties for these identified local projects and programs. 

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Goodman

That the recommendation be adopted.

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

BACKGROUND

Since late 2019 our city has faced numerous challenges including bushfires, multiple floods and a pandemic. Throughout this, along with residents, community groups and local representatives, Council staff have gone above and beyond, putting in additional hours and doing what they could to support our community.

We’ve heard from the RFS, SES, NSW Police and the local Health District how valued the contribution of Council staff has been during these crises. Our staff have often been recognised for setting best practice, which demonstrates the level of respect and admiration other organisations and institutions have for the calibre of our staff.

Research shows that appreciation plays a key role in fostering and maintaining a positive organisational culture. As the elected arm of this organisation, we should acknowledge, value and celebrate the contribution of staff. Not only will this help retain existing talent, but it will attract other high-quality talent to the organisation.

Council often speaks on its objective to make Liverpool the best place to live, work and play. Council and its staff play a critical role, day in day out, in helping to achieve that goal.

Without great staff we can't become a great city.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1.   Formally acknowledge the effort and contribution of Council staff throughout the crises and challenges that have affected Liverpool LGA since 2019; and

2.    Look to implement an awards or recognition system to acknowledge and celebrate extraordinary contributions of individual staff members or teams to the betterment of Liverpool.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

BACKGROUND

In October last year Sydney Water indicated that the “delivery of wastewater infrastructure to service up to 1,700 lots at Austral-Leppington will be delivered later than anticipated.”

Latest information puts this delivery of additional wastewater services out to Q1 2023.

This significant delay has left developers, builders and homebuyers in a state of limbo.

The delay puts developers at risk of not meeting financial obligations and opens the potential for contracts with homebuyers to be rescinded.

Understandably, many potential homebuyers in Austral are now nervous and uncertain about their piece of the Australian dream.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1.   Request Sydney Water provide regular clear and concise water and wastewater service information for Austral that is easily accessible to the public;

2.   Provide a link to this information on the Council website when it is made available; and

3.   Lobby the State Government and Sydney Water to rectify delays in the delivery of water and wastewater services in Austral.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Hadid

That the recommendation be adopted.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

That Council:

1.    Resolve the objections to the road closure process of part of Hanwell Serviceway and part of Macquarie Street/Elizabeth Street, Liverpool by adopting Council staff’s recommendation to proceed on the basis as outlined in the confidential report;

2.    Notes that a public notification process was undertaken for the road closure process which included notification of the relevant service authorities;

3.    Direct the A/CEO or his delegate to notify the objectors of this resolution and the actions of Council in progressing this matter;

4.    Resolves that a further report be made to Council upon completion of the negotiations with the applicant to finalise a draft Deed of Agreement, prior to completing any formal road closure process or any proposed sale or land/swap progressing:

5.    Keeps this report confidential pursuant to the provisions of Section 10A(2)(c ) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hadid                 Seconded: Clr Rhodes

That Council:

1.    Receive and note the report; and

2.    Determines that the service is to continue.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Rhodes  

That the matter be deferred.

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

COUNCIL DECISION

Motion:                                  Moved: Clr Goodman          Seconded: Clr Ammoun

That Council:

1.    Accepts the Tenders from the Shortlisted Tenderers for Tender RCL3078 - Provision of Investigation Services and Code of Conduct Complaints Review for an initial period of three (3) years with 1 x 12 months extension option as per the schedule of rates GST inclusive contained in the submissions. 

2.    Makes public its decision regarding tender RCL3078 - Provision of Investigation Services and Code of Conduct Complaints Review.

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.

Questions and responses were provided to Councillors in the Confidential Book.

Item CONF 05 is confidential pursuant to the provisions of s10A(2)(g) of the Local Government Act 1993 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.

Questions were published in the Confidential Book provided to Councillors. Responses will be provided in the 27 April 2022 Confidential Book.

Item CONF 06 is confidential pursuant to the provisions of s10A(2)(g) of the Local Government Act 1993 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.

Questions were published in the Confidential Book provided to Councillors.

Note: The responses to these questions were provided by memo to all Councillors on 31 March 2022.

Item CONF 07 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).

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Rhodes

That this item be moved to the end of the meeting and be held in Closed Session in accordance with Section 10A2(a) of the Local Government Act 1993 because it contains personal matters concerning particular individuals (other than councillors).

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

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Macnaught

That Council receive and note this report.

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

COUNCIL IN CLOSED SESSION

Mayor Mannoun advised that Council would now move into Closed Session to deal with Item CONF 08 Audit, Risk and Improvement Committee Membership.

Mayor Mannoun moved the Council into Closed Session at 7.06pm.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Rhodes

That Council:

1.    Extend the appointment of the Audit Risk and Improvement Committee (ARIC) Chair by a further 2 years until September 2024 under the existing arrangements to manage knowledge retention and ensure continuity of the Committee; and

2.    Enter into an Expression of Interest process to fill the vacancies of the two independent members for period of three to five years and report back to Council with a recommended outcome for its approval.

Note: Clr Hagarty left the Chambers at 7:12pm, before this item was voted on.

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

Motion:                                  Moved: Clr Hadid                Seconded: Clr Ammoun

That Council moved back into Open Session.

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

Clr Hagarty returned to the Chambers at 7:13pm.

OPEN SESSION

Council moved back into Open Session at 7.13pm.

Mayor Mannoun then read out the resolution for Item No: CONF 08 - Audit, Risk and Improvement Committee Membership (as shown above)