MINUTES OF THE Ordinary Meeting
HELD ON 25 March 2020
PRESENT VIA VIDEO CONFERENCING:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Ms Kiersten Fishburn, Chief Executive Officer
Dr Eddie Jackson, Director City Community and Culture
Mr David Smith, Acting Director City Economy and Growth
Mr George Hampouris, Acting Director City Corporate
Mr Peter Patterson, Director City Presentation
Mr Raj Autar, Director City Infrastructure and Environment
Mr Andrew Stevenson, Chief Strategy and Engagement Officer
Mr Vishwa Nadan, Chief Financial Officer
Ms Tina Sangiuliano, Strategic Organisational Change Manager
Mr John F Morgan, Director Property & Commercial Development
Ms Elizabeth Espinosa, General Counsel Manager Governance Legal
Mr David Maguire, Internal Ombudsman
Mr George Georgakis, Manager Council and Executive Services
Ms Maree Stewart, Coordinator Council and Executive Services (minutes)
The meeting commenced at 6.02pm
The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being recorded and will be on the website later this week. |
|
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION TO BE READ BY |
The prayer of the Council was read by the Chief Executive Officer, Ms Kiersten Fishburn. |
Nil
|
|
|
|
Mrs Pamela Short (read by Mayor Waller)
Tonight, we pause to remember one of Liverpool's most accomplished daughters.
Pamela Kay Short was born on 22 February 1947 at Crown Street Women's Hospital, the first child of Phoebe and Noel Short, a former Mayor of Liverpool. She grew up at Yarrara Road, Hoxton Park on family acres.
She went to Hoxton Park Primary School where her lifelong passion for reading ignited. She graduated from Liverpool High School. Popular, she loved art and English and playing basketball.
Pam’s intellect, even then, was remarkable. Her independent streak first showed when Pam was 17. She won a radio station contest, and without telling her parents, headed to the big smoke to see her beloved Beatles at the Sydney Stadium at Rushcutters Bay.
Despite the long commute, Pam's first job was at an accountancy firm in the city. She was determined to be financially independent and have her own voice.
Later in the 1960s, she joined Viscount Caravans at Milperra as a secretary. It gave her experience in all aspects of a business; skills she would find invaluable in the future. She even featured in advertising for the brand.
A short time later she married John Cornish, the Austral son of chook farmers Harold and Una. Their daughter Tania was born in 1970 and their son Brett in 1972.
Pam and John were a formidable team, prospering in business. They took risks and reaped the rewards.
Their companies built thousands of homes for people who made the Liverpool area their home, shopping and industrial centres.
The Cornish family has a great love of thoroughbred horse breeding and racing. Their Torryburn Stud in the Hunter Valley is a landmark in the industry.
Pam and John played a significant part in enticing William Inglis & Son to move their bloodstock operations from Randwick, which they established in 1906, to Warwick Farm.
When diagnosed with breast cancer, Pam remained practical and courageous. She never complained about her situation and was compassionate and giving to others before herself.
To her family and her parents, former Liverpool Mayor Noel Short and his wife Phoebe, our Council expresses its sincere condolences.
May she rest in peace.
|
|
Motion: Moved: Mayor Waller Seconded: Clr Shelton
That Council writes to Pamela Short’s family to express our condolences for their loss.
On being put to the meeting the motion was declared CARRIED. |
CONFIRMATION OF MINUTES
Motion: Moved: Clr Shelton Seconded: Clr Hadid
That the minutes of the Ordinary Meeting held on 26 February 2020 be confirmed as a true record of that meeting. |
On being put to the meeting the motion was declared CARRIED.
Clr Hadchiti declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Hadchiti holds a NSW Real Estate Licence (Corporate & Individual). Both item NOM 01 and NOM 04 call for real estate agents to be banned from running for Civic Office. Clr Hadchiti made the decision in December 2019 that he will not be standing for Civic Office after this term of Council and therefore the items will have nil effect on him.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
Clr Hagarty declared a non-pecuniary, less than significant interest in the following item.
Item: ........ QWN 04 Question with Notice - Clr Rhodes - Liverpool Community Hub
Reason: Clr Hagarty is the chairperson of the Liverpool Community Hub.
Clr Hagarty remained in the room for the duration of the item.
Clr Hagarty declared a pecuniary interest in the following item:
Item: ........ NOM 04 Ban on Prohibited Donors
Clr Hagarty is a staff member of a Member of Parliament.
Note: Item NOM 04 was withdrawn and not dealt with at this meeting.
Clr Hagarty, Clr Kaliyanda and Clr Shelton declared a non-pecuniary, less than significant interest in the following item:
Item: CORP 01 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society
Reason:.... Clr Hagarty, Clr Kaliyanda and Clr Shelton are Ordinary members of the City of Liverpool and District Historical Society.
Note: Item CORP 01 was deferred to the April 2020 Council meeting.
Clr Karnib and Clr Balloot joined the meeting at 6.09pm
Clr Kaliyanda declared a non-pecuniary, less than significant interest in the following item:
Item: ........ NOM 04 Ban on Prohibited Donors
Reason:.... Clr Kaliyanda has previously been a candidate for state and federal parliament.
Note: Items NOM 04 was withdrawn and not dealt with at this meeting.
Clr Ayyad declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Ayyad’s husband holds a NSW Real Estate licence but does not currently work as a real estate agent.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
Clr Balloot declared a non-pecuniary, less than significant interest in the following items:
Item: ........ NOM 01 Disqualifying real estate agents and property developers from civic office
Item NOM 04 Ban on Prohibited Donors
Reason:.... Clr Balloot holds a NSW Real Estate Licence but has never worked as a real estate agent.
Note: Items NOM 01 and NOM 04 were withdrawn and not dealt with at this meeting.
Written submissions for items not on agenda
1. Mr Erik Rakowski from RAID Moorebank made a written submission to Council on the following matter:
Funding for appeal proceedings.
This submission has been circulated to Councillors.
Written submissions for items on agenda
1. Ms Fiona Macnaught made a written submission to Council on the following item:
NOM 03: Save Liverpool Animal Shelter
This submission has been circulated to Councillors.
FILE NO: 054926.2020
SUBJECT: Motions for 2020 National General Assembly of Local Government
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
Endorse the officer amendments to the motions as outlined in the report to be submitted to the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting, subject to the following amendment to Proposed Motion iii)(a) Sustainable Housing Development so that it reads:
· Limits housing developments to cover no more than 40% of block size in urban Developments excluding secondary developments.
Foreshadowed
motion: Moved: Clr Rhodes Seconded:
Clr Harle Endorse the officer amendments to the motions as outlined in the report to be submitted to the Australian Local Government Association (ALGA) for consideration at the June ALGA Board meeting.
On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) lapsed.
|
Clr Kaliyanda left the room at 6.44pm.
Clr Kaliyanda returned to the meeting at 6.45pm.
City Economy and Growth Report
FILE NO: 069170.2020
SUBJECT: Adoption of Liverpool Local Strategic Planning Statement
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Does not amend the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map so that the clause remains unchanged and reads:
“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to B4.”
2. Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required; and
3. Subject to receiving a formal letter of support from the Greater Sydney Commission (GSC), delegates authority to the CEO to adopt the LSPS, in accordance with Section 3.9(3A) of the Environmental Planning & Assessment Act 1979.
Foreshadowed motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda
That Council:
1. Amends the draft Liverpool Local Strategic Planning Statement (LSPS) Action 10.2 and Structure Plan inset map to read:
“Prepare structure plan and planning proposal to rezone the Warwick Farm racing precinct to a mix of uses, including B4.”
2. Delegates authority to the CEO to make any other minor typographical or editing amendments to the LSPS if required;
3. Subject to receiving a formal letter of support from the Greater Sydney Commission (GSC), delegates authority to the CEO to adopt the LSPS, in accordance with Section 3.9(3A) of the Environmental Planning & Assessment Act 1979;
4. Notes that the final decision on the LSPS will be made by the Greater Sydney Commission but that the residents have requested B4 zoning, which Council is supportive of.
5. Notes that the bypass road is paramount and it is needed for residents safety and is something that the residents have requested and that the bypass road should be zoned Special Purpose (SP2).
On being put to the meeting the motion (moved by Clr Rhodes) was LOST.
Vote for: Clr Harle, Clr Rhodes. Vote against: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda, Clr Shelton.
The Foreshadowed motion (moved by Clr Hagarty) then became the motion and on being put to the meeting was declared CARRIED.
Vote for: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hadchiti, Clr Hagarty, Clr Karnib, Clr Kaliyanda. Vote against: Clr Harle, Clr Rhodes, Clr Shelton.
|
FILE NO: 018356.2020
SUBJECT: Grants, Donations and Corporate Sponsorship
Motion: Moved: Clr Hadchiti Seconded: Clr Rhodes
That this item be deferred until the applicants can be contacted and projects can be assessed with the current COVID-19 issues in mind and a report brought back to Council.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 049226.2020
SUBJECT: Question with Notice - Clr Rhodes - Public Art for New Civic Centre
At a recent Art exhibition by local artists held at CPAC, there were a number of paintings based on the theme “The History of Liverpool”. It would be an opportunity for Council to support both local artists and provide appropriate art in the new Civic Centre.
Question
Could paintings be nominated by the public for possible purchase by Council to be hung in the new Civic Centre once it is built?
Response
Council acquires artwork for the Collection via the following prizes which are currently budgeted for: · $5,000.00 Liverpool City Council Overall Winner Prize from the annual Liverpool Art Society Exhibition and Prize. · $3,000.00 Mayor’s Choice Award from the annual Mil-Pra AECG Prize. · $2,000.00 Maria Lock Award from the annual Mil-Pra AECG Prize. · $5,000.00 Blake Emerging Artist Award (every second year).
The winners of each of these go into the collection and there is currently no further acquisition budget.
To purchase artworks outside of these prizes (for example from the ANZ History Prize) would require a new initiative to acquire funds to cover the sale price of the artwork.
Additionally, any artwork or asset acquired by Council needs to be acquired under set criteria, be approved by a Manager with appropriate delegation and be managed within a collection plan.
Any artworks to be displayed in the new Civic Centre would need to have longevity: be secure from theft, be easily maintained and conserved and be constructed with materials and media durable enough to withstand long-term display in a non-gallery environment.
|
FILE NO: 049231.2020
SUBJECT: Question with Notice - Clr Rhodes - Seniors Community Consultation
Council recently identified the concerns seniors identified having a healthy, mind, body and feeling safe as what matters most to them and that Council will be considering policies and strategic directions towards creating and age-friendly City.
Questions
1. When will Council be presenting policies to deliver an Age Friendly City?
2. Will there be a specific Council workshop through which Councillors and Community are invited to participate?
Response
In November 2019, Council staff conducted community consultation with local seniors who attended the Liverpool Seniors Concerts. Over 900 senior community members attended these concerts over two days and identified the key concerns of having a healthy mind and body and feeling safe as they age in Liverpool.
In December 2014, Council joined the World Health Organisation (WHO) Global Network of Age-Friendly Cities and Communities (GNAFCC). This network strives to create urban environments that foster healthy and active ageing and the wellbeing of older people. Being part of this global network gives Council the opportunity to: · Link with participating cities and share information, expertise and technical assistance; · Facilitate the exchange of information and best practice with participating cities; · Provide programs that are sustainable and cost-effective for improving the lives of older people; and · Promote and brand Liverpool as a centre for business and services that cater to the needs of older community members.
The Community Development team is currently investigating the process of renewing this membership with a view to this being achieved by December 2020. Councillors will be invited to provide direction on outcomes and programs to meet Liverpool’s ageing population.
A number of existing Council strategies incorporate actions which address the needs identified by seniors as being important to them:
· The Disability Inclusion Action Plan considers the need for inclusiveness and accessible public spaces and activities for community members who require additional support to access their community. · The Community Safety and Crime Prevention Strategy and Action Plan also addresses the need of older people to feel safe by including actions which encourage the delivery of community health and wellbeing projects specifically targeted to older residents. This include programs which address fall and trip injuries. · The Liverpool City Centre Public Domain Masterplan outlines that Liverpool will provide inclusive places for all people, ensure spaces are accessible for all, and provide places that will allow programs to support healthy living. This plan is informed by Council’s Community Strategic Plan, which emphasises the importance of providing access and equity to all community members, including seniors.
As co-convenors of the South West Sydney Ageing and Disability Forum (SWSADF), Council will continue to work closely with relevant community groups and organisations to support programs and initiatives in Liverpool which support seniors. These stakeholders will inform the most appropriate methods of consultation with senior community members. Councillors will be invited to participate in this consultation process and will have the opportunity to contribute to these ongoing discussions with Liverpool’s older residents.
|
Motion: Moved: Clr Rhodes Seconded: Clr Harle
Council prepare a report of all identified areas of opportunity for Council to better engage the aged Community and present it to the Age Workshops in December 2020 where the following is addressed: · Suitable changes to notification periods for DAs in consideration of the aged; · Suitable changes to methods of distribution of notification to the aged; · Suitable changes to communications to the Aged on Age relevant matters; · Possible Council run daily Agedcare facilities where their social and personal daily needs are catered for such as meals; and · Culturally sensitive and CALD background aged care support be developed.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 049237.2020
SUBJECT: Question with Notice - Clr Rhodes - Monitoring of Air Quality in Child Care Centres
Children’s services is working closely with NSW Health and the Rural Fire Services to ensure that risks are minimised for Children and their Families, protecting their health, while in Council’s Early Education Centres.
Questions
1. What is Council doing to educate and protect the health of Children who do not attend Early Education Centres, or an Education Centre that does not belong to Liverpool Council?
The NSW Environment Protection Authority works with Government, industry, community, environment and other stakeholders on strategies to reduce air pollution and improve air quality. In NSW the Department of Education developed key strategies and educational tools to support NSW schools and education and care services to understand the impacts of poor air quality and the potential impact on student’s health. Awareness campaigns were conducted for early childhood education, primary and high schools, providing specific strategies to reduce smoke exposure.
In order to promote public awareness and education, NSW Health have developed a wide array of educational materials for the community, children’s services providers and general practitioners ensuring that risks of exposure to poor air quality are minimised.
2. How can Liverpool Council ensure the protection of all Liverpool residents during periods of poor air quality?
Council will rely upon the NSW Department of Planning, Industry and Environment’s Air Quality Index (AQI). There are 2 air monitoring locations within or close to Liverpool City Council, at Bringelly and Liverpool. Air Quality Index values are calculated using measurements of ozone, carbon monoxide, sulfur dioxide, nitrogen dioxide, airborne particles and visibility. The AQI provides a comparison of air pollutants, standardising these measurements into an index which illustrates the level of risk.
NSW AQI updates can be found at: https://www.dpie.nsw.gov.au/air-quality/current-air-quality
To subscribe to regular air quality updates follow this link: https://www.dpie.nsw.gov.au/air-quality/subscribe-to-air-quality-updates
A specific index for Liverpool can be found at https://aqicn.org/city/australia/nsw/liverpool/sydney-south-west/
Ljverpool City Council in conjunction with the University of Wollongong has been installing air-monitoring systems within the Liverpool City Centre to enable collection of data on air pollution arising from both fine and coarse particles. Having objective data will enable a more effective conversation with the NSW Environment Protection Authority regarding appropriate response and corresponding funding.
Council also has street level air quality monitoring in the city centre as a result of the Smart Cities and Suburbs Program. This live data can be found at https://pavo.its.uow.edu.au/
|
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
a) Prepare a report to be provided to the May Council Meeting on the cost and effectiveness of providing portable air monitoring stations to be made available for use throughout the LGA on a similar basis as the Council Cameras.
b) A time frame where if determined to proceed, when the air monitoring stations could be in operation.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 049238.2020
SUBJECT: Question with Notice - Clr Rhodes - Liverpool Community Hub
Recently Liverpool Council partnered with Community Hubs Australia to support the National Community Hubs Program in Liverpool.
The purpose of the Hubs are to:
Connect Families with each other, their school and existing services and local organisations, that can supply health, settlement support and socialising for Migrant mothers.
Questions
1. What does the new National Community Hubs do that was not already being supplied through the Migrant Resource Centre other than a closer connection to the school children may attend?
2. What is the manner in which Council has partnered with the new National Community Hubs, what does Council actually contribute?
3. Does it cost Council money and if so how much?
Response
The National Community Hubs Program (NCHP) provides support to refugee and migrant women with pre-school aged children to support them in accessing education, health, settlement support and social cohesion programs. Without a welcoming hub to go to, many of these parents, mostly women, can spend most of their time at home, feeling isolated from the rest of the community.
Community Hubs in schools differ from the work of the Western Sydney Migrant Resource Centre (WSMRC) in that they provide a soft entry point for community members who might otherwise not engage. For many community members, their child’s school is one of the few locations they are confident to attend, and the hubs provide an opportunity to connect with other community members, organisations and services within that existing safe and familiar space. The hubs enable connection and engagement for parents with agencies such as WSMRC to access programs and services they offer.
Council has a convening role within the NCHP in Liverpool. Council acts as Support Agency for the Liverpool Network of hubs and provides operational support, strategic leadership and guidance to the local hub network, as well as managing the relationship between the Liverpool Network and Community Hubs Australia (CHA). Council is responsible for the development and submission of quarterly reports and data on the progress of the Liverpool Network of hubs.
Council provides a significant connection between the NCHP Liverpool Network of hubs and relevant services and organisations who can provide vital programs and activities to benefit community members who access the hubs. Examples include the connection of two hubs with Liverpool Neighbourhood Connections, who have now partnered with the program to provide playgroups in these hubs. Council has also facilitated a relationship between the hubs and educational institutions such as TAFE to deliver training courses free of charge within the community hubs.
Since it commenced in Liverpool in January 2019, the NCHP Liverpool Network has engaged 216 new families with activities and programs that will support their education, employment and social cohesion goals. The community hubs have provided 180 conversational English language classes to community members who are otherwise ineligible to receive free classes due to visa or other restrictive eligibility criteria. The hubs have facilitated 108 referrals to services for additional support including family support, child health services, pre-school and community health services.
Council’s role as Support Agency for the NCHP is funded through Community Hubs Australia, who receives funding from the Department of Home Affairs and the Scanlon Foundation. Commencing the financial year 2020/2021, Council will contribute $10,000 annually towards the salary and program costs for the role of Support Agency.
|
FILE NO: 049241.2020
SUBJECT: Question with Notice - Clr Harle - Membership on Planning Panels
Council currently operates two Planning Panels that assess Development Applications.
One is the Local Planning Panel and the other is the Sydney Western City Planning Panel. Both Panels have Councillor appointed members.
Can Council ensure that whenever possible the required number of panel members are present at each of the meetings?
Over the past 18 months there has been a notable absence of the required number of panel members assessing development applications for the Liverpool LGA. This is despite having several alternative members listed on the eligibility list.
Is it possible to extend that list and ensure adequate community representation takes place at each and every Panel Meeting?
Response
There are two panels responsible for determining certain Development Applications (depending on the cost of works or referral criteria). They are the Liverpool Local Planning Panel (LPP) and the Sydney Western City Planning Panel (SWCPP). Only the Sydney Western City Planning Panel has Councillor representation. The Local Planning Panel is not permitted to have Councillor representation following changes introduced to the planning system by the NSW Government in 2017.
Local Planning Panel
Under Section 2.18(2) of the Environmental Planning and Assessment Act, members of the Liverpool Local Planning Panel are appointed by Council. The LPP consists of four members. They are:
· An approved independent person appointed as the Chairperson of the Panel with relevant expertise in law or in government and public administration; · 2 other approved independent persons with relevant expertise · A representative of the local community who is not a Councillor or Mayor.
When setting meetings, Council ensures that a community representative member attends Local Planning Panel meetings.
Sydney Western City Planning Panel
The Sydney Western City Planning Panel (SWCPP) is the designated regional panel that determines development applications that are classified as ‘regionally significant’ in the Liverpool LGA.
The SWCPP is a NSW Government agency pursuant to Section 2.12(4) of the Environmental Planning and Assessment Act. The SWCPP consist of 5 members. 3 members are appointed by the Minister of Planning and Public Spaces and 2 members from Council (the Council nominees). Council resolved at its meeting on 25 September 2019 that its primary representatives on the Panel are Mayor Waller and Cr Harle and its alternate members are Cr Hagarty and Deputy Mayor Cr Karnib.
The SWCPP has alternate members in case a primary panel member cannot attend a meeting.
The SWCPP operates under their own operational procedures including the required quorum for a meeting to proceed. The operational procedures states that a quorum for a planning decision is a majority of the panel members, including the chair, i.e. a total of three members. The Planning Panel Secretariat always extends meeting invitations to Council’s representatives. If Council’s primary representatives cannot attend a meeting, the Secretariat will extend the invitation to Council’s alternate representatives. If for whatever reason a Council representative cannot attend the meeting, the operational procedures of the Panel allow for the meeting to proceed with the three State appointed members forming the quorum.
|
Motion: Moved: Clr Harle Seconded:Clr Rhodes
That a report be brought back to Council about the feasibility of additional members or reserves on the Sydney Western City Planning Panel and the Local Planning Panel.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 049243.2020
SUBJECT: Question with Notice - Clr Ayyad - Memorial School of Arts
Please address the following:
1. How much was spent on the upgrade of the surrounds of the school of arts?
Approximately
$1.6 million was spent on the upgrade works. 2. Who prepared the landscaping plan?
Urbis Pty Ltd was engaged to prepare the landscaping
plan. 3. How much was spent on the design of the landscaping plan?
$43,450 (inc. GST) 4. How much did it cost to deliver the landscaping plan?
Approximately $1.6 million as in (1)
above. 5. Can you please provide photos of the completed landscaping plan and any media releases related to it?
Photos of the completed works are attached. There
were no media releases published following the completion of the works. 6. When was the school of arts leased out?
The original Lease was agreed in August 2017. The Lease commencement date was subject to the Tenant submitting and obtaining the necessary Development Approvals for the proposed fitout, signage and use. The Tenant has since obtained the Development Approval but is still awaiting issue of the Construction Certificate.
Delays in obtaining the planning approvals are due to the impact of the tenant’s proposed fitout on the heritage fabric of the building, the compliance requirements associated with proposed use as an educational institution, and determination by the Local Planning Panel, Lessees response in providing additional information required during this process and works required to the building.
7. When was agreement reached?
The original Lease agreement
was reached in August 2017, whilst the Tenant was awaiting the issue of the
above-mentioned approvals, the parties agreed to amend the Lease based on the
delays to a proposed new Lease version which was to commence on 30 September
2019, by inserting a termination clause which allows the lease to be
terminated any time after 30 June 2023, by giving a six month notice to
terminate. The commencement date is being revised pending the Construction
Certificate being issued. 8. How much income has been received so far from the lease?
No rental income has been received.
9. When does the lease finish.
The initial term is due to expire on 28 September 2022 with provision for a three year option term which will expire on 28 September 2025. Under the terms of the amended new lease the termination clause will include provision for termination any time after 30 June 2023 by giving a six month notice.
|
FILE NO: 049342.2020
SUBJECT: Question with Notice - Clr Hadchiti - Local Infrastructure Contributions (Section 7.11)
Please address the following:
1. Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?
2. Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so, can we be provided with these reports?
Response
1. Is Council aware if the NSW Audit is undertaking a performance audit on Section 7.11’s?
Yes. The NSW Audit Office initially contacted Council on 23 August 2019 to commence the audit process. Council were officially notified on 6 September 2019 of the audit, inclusive of an engagement letter and audit plan.
The stated aim of the audit was “to assess the effectiveness of governance and internal controls over local infrastructure contributions collected by councils.”
Liverpool was selected to be a part of the audit along with 3 other Councils.
Staff have been active and transparent in all dealings with the NSW Audit Office during the audit process. The draft audit report was submitted to Council on 2 March 2020. The purpose of the draft report is to provide Council with the opportunity to correct errors of fact or interpretation before the NSW Audit Office prepare the final report. The draft report remains confidential during this process, and Council has been asked to limit its distribution.
It is anticipated that the NSW Audit Office will issue the final report by 27 March 2020 for formal response. The formal response will be included in the published report when it is tabled in the NSW Parliament by the Auditor-General.
2. Has Council undertaken any audits internally/externally on Section 7.11’s during this term of Council and if so can we be provided with these reports??
Council’s Internal Audit Unit undertook an audit of the developer contributions and consent levies in 2018. The final report issued on 14 December 2018 identified several issues and opportunities for improvement, incorporating management agreed actions to address the issues identified in the report. A copy of this report has been circulated to Councilors via email.
Please note that the management responses in the report were written at the time the audit was finalised. The progress status on the implementation of these actions are tracked and updated though Promapp (Council’s audit action tracking software). Summary status updates and time extensions in relation to implementing these recommendations are tabled to the Audit, Risk and Improvement Committee (ARIC) quarterly (Councillors are provided a copy of the Agenda).
On the 8 Feb 2019 ARIC were briefed on the outcomes of the Contributions audit. Senior Management presented the approach to address key findings and recommendations contained in the report to the independent ARIC members.
Following this internal audit, Council has commenced a wide-ranging program of initiatives and actions to address all finding of the audit report with the overall aim of improving the way that Council manages developer contributions. The initiatives and actions include: · Recruitment of Manager Infrastructure Planning to lead a small team of staff dedicated to developer contributions; · Creation of an internal reference group to better manage the contributions framework; · Broad ranging review of governance, systems and plans; · Improved documentation available for customers, including mapping of items and relevant plan application areas on the ePlanning Portal; · Commencement of Aerotropolis Contributions Plan in conjunction with Penrith City Council and the Western Sydney Planning Partnership; · Progressing updates to “capped” contribution plans to make them fit for submission to IPART as an important step towards recovering contributions impacted by the government imposed s7.11 cap on contributions. A summary of the status of these updates is as follows: o Austral/Leppington North – awaiting exhibition o Edmondson Park – review underway o East Leppington – procurement process underway; · Inclusion of details of the financial impact of the cap in Council reports on Liverpool Contributions Plan 2014 – Austral Leppington North precincts (25 September 2019 and 11 December 2019). Both reports include detail of the cost per lot of $56,097 and the capped amount of $30,000. Additionally, the 11 December 2019 report also includes specific reference to an anticipated $20m annual shortfall and that this shortfall would “be addressed once council is collecting strictly in accordance with the updated contributions plan”. · Enhanced internal reporting of contribution accounts (income/expenditure); · Engagement with Independent Pricing and Regularity Tribunal (IPART) to ensure more efficient processing of review of Council plans;
· Participation in Western Sydney Planning Partnership contributions working group – developing best practice amongst Western Sydney councils; · Identification of key risks associated with S7.11 related activities are ranked in the top 10 of Council’s strategic risks; · Quarterly Enterprise Risk Management reporting to ARIC and Councillors of Councils key strategic and operational risk, including the contribution risk; and · Regular briefing of the CEO by the Director City Economy & Growth on the progress of mitigating key risk areas pertaining to S7.11 audit and risk outcomes.
These initiatives have reduced the risk associated with the contributions framework while allowing the Infrastructure Planning team to undertake a full review of the systems, plans and processes supporting the contributions framework. It is intended that this new approach to growth management will see Council become a leader in this space and will ensure all the remaining risks are addressed in a systematic and transformative nature.
|
FILE NO: 049368.2020
SUBJECT: Question with Notice - Clr Hadchiti - Contamination Reports
I thank staff for their response regarding contamination reports in the last business paper.
Please address the following:
1. Has Council ever undertaken a survey from companies that have provided contamination reports as part of DA’s to seek feedback on Council processes?
Response
Council has not undertaken any surveys from companies that have provided contamination reports as part of the DA assessment.
|
Motion: Moved: Clr Hadchiti Seconded: Clr Hadid
That Council undertake surveys from companies that have provided contamination reports as part of the DA assessment.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton asked that he be recorded as voting against the motion.
|
FILE NO: 049371.2020
SUBJECT: Question with Notice - Clr Hadchiti - Moorebank Recyclers
Please address the following:
1. Has any progress been made on ensuring we don’t see a recycling facility in Georges Fair?
Response
At its meeting on 30 May 2018, Council resolved:
That Council: 1. In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility; 2. Note that any proposal needs to undergo the standard assessment process; 3. Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and 4. Organise a community BBQ once and if the development approval for the recycling plant is surrendered.
13 July 2018 – Meeting to discuss development of a structure plan for the Moorebank East precinct
10 October 2018 – Meeting to discuss proposed density and height of buildings for the site
20 February 2019 – Meeting to discuss planning positioning paper prepared by the proponent. This document outlined the proponents preferred development outcome for the site
11 April 2019 – Meeting to discuss timeframes, noting that the proponents had not lodged a planning proposal with Council for assessment 13 August 2019 – Meeting to discuss flooding issues including flood evacuation for the site.
20 September 2019 –Pre-planning proposal meeting, with formal advice issued to the proponent
10 December 2019 – Meeting with the proponent following their review of the flood evacuation report
The proponent contacted Council on 14 February 2020 and 26 February 2020 advising of the imminent lodgement of a planning proposal. The planning proposal was lodged with Council on 5 March 2020.
|
FILE NO: 049376.2020
SUBJECT: Question with Notice - Clr Hadchiti - Civic Place
Please address the following:
1. By submitting an early works DA for Civic Place, can it be interpreted by the public that Council has already determined the final outcome of the building DA before a building DA has even been submitted?
Response
Noted, it could be interpreted this way, but no works will commence until the Masterplan DA has been approved.
Council has submitted an early works DA to enable the demolition and excavation, a major time component of Liverpool Civic Place, to potentially commence on approval of the Masterplan DA and the subsequent approval of the early works DA, but also potentially before the approval of the actual Council Works DA.
|
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That Council move into Closed session (pursuant to the provisions of Section 10(A)(2)(d ii) of the Local Government Act 1993) at the end of the meeting to discuss this matter.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 065428.2020
SUBJECT: Question with Notice - Clr Balloot - Cyber Security and Operating Expenditure
Please address the following:
1. Does Liverpool council have its cyber security policies up to date to meet the current cyber security threats?
2. Does Liverpool council have it’s IT policy for security and disaster recovery in place to meet the challenges in 2020 and beyond?
3. Please advise if Liverpool council operating expenditure exceeds their operating revenue for 2020?
A response to these questions will be provided in the April 2020 Council meeting business papers.
|
FILE NO: 065444.2020
SUBJECT: Question with Notice - Clr Balloot - Forum - National Redress Scheme of Survivors of Institutional Child Sexual Abuse
Please address the following:
On Thursday 5th of March I attended the special briefing by New South Wales Attorney General the Honorable Mark Speakman regarding the National redress scheme is part of the federal government response to the royal commission into institutional responses to child sexual abuse.
A response to these questions will be provided in the April 2020 Council meeting Business Papers.
|
FILE NO: 065464.2020
SUBJECT: Question with Notice - Clr Balloot - Coronavirus (COVID-19)
Please address the following:
A response to these questions will be provided in the April 2020 Council meeting business papers.
|
FILE NO: 067196.2020
SUBJECT: Question with Notice - Clr Hagarty - Brontos
Please address the following:
Previously the nearest Brontos were located at St Andrews and Parramatta. Is this still the case?
A response to this question will be provided in the April 2020 Council meeting business papers.
|
FILE NO: 069282.2020
SUBJECT: Question with Notice - Clr Shelton - Event Cancellations
Please provide:
i. A list of all Council events cancelled or postponed over the last twelve months due to extreme weather events;
ii. A list of all Council events cancelled or postponed over the preceding twelve months due to extreme weather events; and
iii. An estimate as to the costs arising from item (i).
A response to these questions will be provided in the business papers for the April 2020 Council meeting.
|
FILE NO: 069344.2020
SUBJECT: Question with Notice - Clr Balloot - Civic Place
Please address the following:
1. Has Council done an internal audit report in recent times?
2. Did any of the Councillors view the signed contract between Liverpool Council and Buildcorp Australia for the construction of Civic Place?
3. Can you advise why the cost for the Civic Place has risen from an estimated $75 million in 2016 to $195 million currently?
A response to these questions will be provided in the business papers for the April 2020 Council meeting.
|
FILE NO: 065535.2020
SUBJECT: Disqualifying real estate agents and property developers from civic office
FILE NO: 069317.2020
SUBJECT: Future for Waste
BACKGROUND
Liverpool residents are aware of the importance of recycling and most do their bit to reduce, reuse or recycle waste in their daily lives.
However, despite these efforts, the amount of waste we’re generating is increasing and recycling and waste diversion rates are flatlining.
Our waste and recycling infrastructure is barely keeping up with demand and local governments across Australia have seen the fallout of sending our recycling overseas for other countries to process.
The NSW Government collects approximately $800 million every year through the Waste Levy. Recently, the Government put a call out for submissions to a 20 year Waste Strategy issues paper and Plastics Plan discussion paper.
The issue of recycling and effective waste management has been brought before Council a number of times. This process presents an timely opportunity to advocate for important improvements to waste management infrastructure and policy.
NOTICE OF MOTION (submitted by Clr Kaliyanda)
That Council:
1. Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;
2. Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid); and
3. Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging: a. NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling); b. The development of a local circular economy, and support for local manufacturing using recycled product; c. Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and d. Introduce producer responsibility schemes for problematic materials
|
Motion: Moved: Clr Kaliyanda Seconded: Clr Karnib
That Council:
1. Notes the long-awaited release of two Issues Papers (Cleaning Up Our Act – The Future for Waste and Resource Recovery in NSW & Redirecting the Future of Plastic in NSW) by the NSW Government on 8 March 2020;
2. Notes that the City of Liverpool paid $9.7m in the S88 waste levy in the last financial year, and received $217k in NSW Waste Less Recycle More grants in the same period (equal to 2.2% of waste levy paid);
3. Makes a submission to both Issues Papers, consistent with its previously adopted positions, encouraging: a. NSW state government funding to support waste avoidance and recovery, including grant to support councils with major capital investments (including by reinvesting the $800 million collected under the S88 Waste Levy into recycling); b. The development of a local circular economy, and support for local manufacturing using recycled product; c. Deliver consistent education campaigns to promote waste avoidance (reduce/reuse products) and recycling; and d. Introduce producer responsibility schemes for problematic materials. e. Continues to investigate all waste to energy opportunities.
4. Waste to energy projects be investigated to demonstrate benefits to the community and then consider including waste to energy in the Community Strategic Plan or Delivery Program/Operation Plan.
On being put to the meeting the motion was declared CARRIED.
|
FILE NO: 069426.2020
SUBJECT: Save Liverpool Animal Shelter
BACKGROUND
The community has been outraged by some on this Council wanting to outsource essential services and close Liverpool Animal Shelter and instead have our residents travel to Blacktown Council as the alternate animal shelter.
To make things worse, some people in this room told us through the media, that it would cost $17m to build a new animal shelter in Liverpool. This is almost DOUBLE the cost of building the Quest hotel in Liverpool.
This motion calls on Council to save ratepayers money and keep the animal shelter in Liverpool and as close as possible to its current location.
NOTICE OF MOTION (submitted by Clr Ayyad)
That Council:
1. Allow animal shelters to be a permitted use on the land bordered by Fourth Ave, Fifth Ave, Edmonson Ave, and Bringelly Rd. This includes WV Scott Memorial Park; and
2. Delegate to the CEO to send prepare the amendment to the LEP and report back to Council at its next meeting.
|
The Mayor declared that based on legal advice received, the motion is an illegal motion unless it is dealt with as a rescission motion.
|
FILE NO: 069485.2020
SUBJECT: Ban on Prohibited Donors
BACKGROUND
If you cannot donate, then why can you run for office? This motion calls on Council to write to both major parties to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors. It also calls upon those who have significant conflicts of interest to also be prohibited from running on Council.
NOTICE OF MOTION (submitted by Clr Ayyad)
That Council write the NSW Government and Opposition to ban people who are prohibited donors and also those who benefit from industries associated with prohibited donors and those who have significant conflicts of interest to also be prohibited from running on Council. An example of these industries are to include: · Developers · Real Estate Agents · Builders · Concreters · Carpenters · People engaged in the selling of alcohol and tobacco · Staff of members of parliament (both State and Federal) · Surveyors · Excavators · Candidates for state and federal elections · And any other person who can benefit from a decision of Council.
|
Motion: Moved: Clr Ayyad Seconded: Clr Hadchiti
That this Notice of Motion be withdrawn.
On being put to the meeting this motion was declared CARRIED.
|
FILE NO: 047681.2020
SUBJECT: ST2953 Recycling Material Acceptance and Processing Service
Motion: Moved: Clr Shelton Seconded: Clr Rhodes
That Council:
1. In accordance with clause 178(1)(b) of the Local Government (General) Regulation 2005 declines to accept Visy Paper Pty Ltd T/A Visy Recycling submission in response to the ST2953 Recycling Material Acceptance and Processing Service tender.
2. In accordance with Section 178(3)(e) of the Local Government (General) Regulation 2005 by resolution, delegates authority to the CEO or her nominee to enter into negotiations with Visy Paper Pty Ltd T/A Visy Recycling but with the ability to open this up to other parties, with a view to entering into a contract in relation to ST2953 Recycling Material Acceptance and Process Service.
3. In accordance with clause 178(4) off the Local Government (General) Regulation 2005, notes that the reasons for entering into negotiations and not calling fresh tenders are: a) The market was not as expected, resulted in insufficient submissions. b) Local offerings within the Liverpool LGA have not been fully explored. By proceeding with direct negotiations, Council will be able to engage with local suppliers and promote awareness of Council’s purchasing procedures, facilitating economic development in the process.
4. Makes public its decision on ST2953 Recycling Material Acceptance and Processing Service.
5. Notes that the Chief Executive Officer will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
6. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Vote for: Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadid, Clr Hagarty, Clr Harle, Clr Karnib, Clr Kaliyanda, Clr Rhodes, Clr Shelton.
Vote against: Clr Hadchiti.
|
FILE NO: 057403.2020
SUBJECT: Tender WT2892 - Phillips Park Redevelopment
Motion: Moved: Clr Hagarty Seconded: Clr Shelton
That Council:
1. Accepts the tender from HPAC Pty Ltd for Tender WT2892 - Phillips Park Redevelopment for a 52 week contract term at the GST inclusive price specified in the confidential report.
2. Makes public its decision regarding Tender WT2892 - Phillips Park Redevelopment.
3. Delegates the Chief Executive Officer to finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to accept tenders up to a value of $2 million.
5. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
. |
FILE NO: 056949.2020
SUBJECT: Acquisition of part of Lot 431 DP2475 being part of 270 Fifteenth Avenue, Austral for drainage purpose
Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda
That Council:
1. Approves the acquisition of part of Lot 431 DP2475, being part of 270 Fifteenth Avenue, Austral on the terms outlined in this confidential report;
2. Authorises the CEO or her delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision;
3. Resolves to classify part of Lot 431 DP2475 as “operational” land in accordance with the Local Government Act, 1993; and
4. Keeps confidential this report pursuant to the provisions of Section 10A(2)(c) of the Local Government Act 1993 as this information would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.
On being put to the meeting the motion was declared CARRIED.
|
Mayor Waller advised that Council would now move into Closed Session to discuss item QWN 10 (Question with Notice - Clr Hadchiti - Civic Place) because the information discussed was confidential pursuant to the provisions of s10(A)(2)(d ii) of the Local Government Act 1993 because it contains commercial information of a confidential nature that would, if disclosed confer a commercial advantage on a competitor of the Council.
Council moved into Closed Session at 8.00pm.
Motion: Moved: Clr Kaliyanda Seconded: Clr Shelton
That Council move back into open session.
On being put to the meeting the motion was declared CARRIED.
At 8.04pm, Council moved back into open session.
Note, there was no motion or resolution regarding QWN 10.
FILE NO: 069522.2020
SUBJECT: Civic Place
PDF1_Heading_21
BACKGROUND
According to media and Council’s website, Civic Place is going to cost rate payers $195 million dollars, up from the $75m it was supposed to cost in the last term of Council.
Whilst there is support for the project, many residents have been concerned that they haven’t been consulted about the cost.
This motion calls on Council to immediately begin community consultation and let the ratepayers and residents know how much Civic Place will cost them and the cost difference from when originally started, as they are the ones paying for it.
NOTICE OF MOTION (submitted by Clr Ayyad)
That Council:
1. Immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents; and
2. Undertake no further work until this has been completed and the results are returned to Council.
|
Motion: Moved: Clr Ayyad Seconded: Clr Balloot
That Council immediately undertake extensive community consultation regarding the new vs old cost of civic place. This is to include a direct mail out to all rate payers and residents.
On being put to the meeting the motion was declared CARRIED.
Clr Shelton and Clr Harle asked that they be recorded as voting against the motion
|
The Mayor advised that the remaining items on the agenda (as shown below) will be dealt with at the April 2020 Council meeting:
· CEO 01 Change of date for November 2020 Council meeting;
· CEO 03 Response to QWN 15 Edmondson Park Commuter Car Parking from 5 February 2020 council meeting;
· CEO 04 Mayoral Direction pursuant to Section 226(d) of the Local Government Act 1993;
· EGROW 01 Report back - NOM 01 Feral Cats and Trap-Neuter-Return (TNR) Program from 5 February 2020 Council meeting;
· EGROW 02 Destination Management Plan - First year review;
· EGROW 03 Draft Former Liverpool Courthouse Conservation Management Plan;
· EGROW 04 Draft Amendment to Liverpool Development Control Plan 2008 - Part 1 General Controls (Chapter 26 Outdoor Advertising and Signage);
· EGROW 05 Draft Amendments to Liverpool Contributions Plan 2009 and Liverpool Contributions Plan 2018 – Liverpool City Centre to ensure clarity around the payment of development contributions for complying development certificates;
· EGROW 06 Draft Amendment 1 to Liverpool Contributions Plan 2018 – Existing Areas - Instalment Payments for Secondary Dwellings;
· EGROW 07 Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 76) - Schedule 1 Amendment to permit vehicle sales or hire premises at 36-36A Kookaburra Rd, North Prestons;
· EGROW 08 Street Naming Request - Edmondson Park;
· EGROW 09 Post Exhibition Report - Draft Liverpool Development Control Plan 2008 (Amendment 25);
· EGROW 10 Out of Office Hours Compliance Officers;
· COM 02 Response to NOM 2 - Ferrington Park;
· CORP 01 Response to NOM 05 - A Prominent Permanent Home for the City of Liverpool and District Historical Society;
· CORP 02 Investment Report February 2020;
· CORP 03 Amendment to Councils Investment Policy;
· INF 01 Upgrades to Whitlam Leisure Centre;
· INF 02 Roads in Middleton Grange and Western Sydney Parklands;
· INF 03 Conservation of Koala Habitat Corridors;
· CTTE 01 Minutes of the Audit, Risk and Improvement Committee Meeting held on 7 February 2020;
· CTTE 02 Minutes of the Tourism and CBD Committee meeting held on 11 February 2020;
· CONF 01 Acquisition - Clermont Park, Lot 4601 in DP 1248502 - Edmondson Park, for open space purposes; and
· CONF 02 Hammondville Park Leisure Precinct.
THE MEETING CLOSED AT 8.18pm.
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 29 April 2020
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 25 March 2020. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.