Addendum Agenda of Ordinary Meeting

Ordinary Meeting 25 November 2015

Mayoral Report

MAYOR 02

Ms Lilly Lyons

Strategic Direction	Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers
Key Policy	Youth Strategy
File Ref	304975.2015
Report By	Mayor Ned Mannoun

Report

Thirteen-year-old Lilly Lyons is an outstanding young person in Liverpool and has been taking a keen interest in government and the community and working as a volunteer.

From her participation in the Youth Council, and her efforts as host of her radio program RADAR, Lilly has set a fine example in raising awareness and providing a voice for youth in our local area. Lilly also volunteers at community events such as Australia Day and ANZAC Day, and has represented her community at the YMCA’s NSW Youth Parliament.

On October 30 Lilly’s efforts were formally recognised, when she was awarded the John Lincoln Youth Community Service Award by the Executive Director of NSW Public Schools; Murat Dizdar. This is a prestigious award only given to a few of Australia’s youth and is part of the Order of Australia.

The local community can be very proud of Lilly’s achievements and we wish her all the best for her future goals and ambitions.

RECOMMENDATION

That Council:

Formally recognise the achievements and voluntary activities of Miss Lilly Lyons for the Liverpool area, and provides her with a certificate of recognition for her achievements.

Provides Miss Lilly Lyons with a copy of this Mayoral Minute.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Facilitate the development of community leaders. Encourage the community to engage in Council initiatives and actions.

ATTACHMENTS

Nil

Ordinary Meeting 25 November 2015

Notices of Motion

NOM 03

Homelessness and Employment

Strategic Direction	Healthy Inclusive City Foster social inclusion, strengthen the local community and increase opportunities for people who may experience barriers
Key Policy	Homelessness Policy
File Ref	305980.2015
Author	Peter Ristevski - Councillor

Background

Council has been proactive in the combat against the current housing affordability issue facing residents of our city. The recently held Homelessness and Housing Taskforce meeting is an excellent example of Council taking a lead in bringing together the many stakeholders working in this field. I was very pleased to attend and chair this taskforce and to see firsthand the willingness of agencies to work together to tackle issues.

One of the main and most complex issues facing people experiencing homelessness is employment opportunities to enable them to re-enter society. Without certainty of employment they are not self-sufficient and struggle to enter the rental market. A significant direct problem for people experiencing homelessness is raising enough money for rental bonds due to lack of savings as a result of unemployment.

NOTICE OF MOTION

That Council:

1. Work collaboratively with relevant service providers in both employment and homelessness agencies to encourage opportunities for employment.

2. Research relevant funding opportunities for employment of people experiencing homelessness and work collaboratively with the homelessness sector to lobby government for support.

3. Place employment as a standing item on the Homelessness and Housing Taskforce agenda to ensure that this critical issue is discussed.

CHIEF EXECUTIVE OFFICER’S COMMENT

A number of local service providers were contacted to discuss issues of employment for people experiencing homelessness. All agree that it is a crucial issue. They have identified that there are some criteria that need to be considered in providing services in this area. They note that employment programs are mainly suitable for homeless people who are in refuges or transitional housing as some level of stability will be needed. This means that activities are unlikely to suit visible rough sleepers. There is also a long list of other criterion that needs to be considered including mental health, appropriate screening, willingness to work etc.

They also identify that a partnership with an employment service and specialist homelessness service would be required to ensure the client has intervention pathways. Any activities will be resource intensive.

Considering all the above factors, Council is best placed to provide advocacy for, lobby government towards, and bring together stakeholders who are suited to deliver a client focused, multifaceted program. Council has the opportunity to take a key role in supporting specialist homelessness services and welfare agencies to deliver employment focused services.

CONSIDERATIONS

Economic and Financial	There are no economic and financial considerations.
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	Raise awareness in the community about the available services and facilities. Support community organisations, groups and volunteers to deliver coordinated services to the community. Promote community harmony and address discrimination.
Civic Leadership and Governance	Undertake communication practices with the community and stakeholders across a range of media. Foster neighbourhood pride and a sense of responsibility. Encourage the community to engage in Council initiatives and actions. Provide information about Council’s services, roles and decision making processes. Deliver services that are customer focused. Actively advocate for federal and state government support, funding and services.

ATTACHMENTS

Nil

Ordinary Meeting 25 November 2015

Chief Financial Officer

CFO 09

Budget Review - September 2015

Strategic Direction	Leading Proactive Council Provide business excellence and financial sustainability to deliver services that meet community expectations
Key Policy	Long-Term Financial Plan
File Ref	298113.2015
Report By	Vishwa Nadan - Manager Financial Services
Approved By	Gary Grantham - Chief Financial Officer / Director Corporate Services

Executive Summary

In May 2015 Council adopted its 2015/16 operating budget with projected revenue of $197.2m and expenditure of $156.6m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for a deficit of $0.3m. From June to September 2015 the Council approved expenditure through resolutions totalling $0.2m. The review of Council's budget at 30 September 2015 has resulted in a further $0.6m (Ref attachment 1 – Note A) increase in deficit to $1.1m for the year ending 30 June 2016 (Ref attachment 1 – Note B).

The Fit For Future net operating results has increased the total budget operating deficit to $4.4m (Ref attachment 1 – Note C). The deficit is mainly due to $3.0m remediation of waste in 2015/16 and $1.4m increase in forecasted depreciation.

The first quarter budget review for 2015/16 has also resulted in a net $7.9m (Ref attachment 1 – Note F) increase of Council’s capital expenditure program. Council is invited to note, as $3.4m expenditure for Kurrajong Road and $4.4m for the Carnes Hill was brought forward to 2014/15, the adjusted increase in capital expenditure is effectively $15.8m. The additional capital works mainly relates to acquisition of land ($9.6m), grant funded projects ($3.6m) and other minor initiatives ($2.8m).

RECOMMENDATION

That Council:

1. Receives and notes the report;

2. Approves the identified budget variations in accordance with this report.

REPORT

Legislative Requirements

Clause 203(1) of the Local Government (General) Regulation 2005 requires the Responsible Accounting Officer to provide a quarterly budget review not later than two months after each quarter's end. This report provides an overview of the results on the financial review for the quarter ended 30 September 2015.

Commentary

Operating Budget

In May 2015 Council adopted its 2015/16 operating budget with projected revenue of $197.2m and expenditure of $156.6m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for a deficit of $0.3m. From June to September 2015 the Council approved expenditure through resolutions totalling $0.2m which is included in the budget adjustments provided as Attachment 2.

A comprehensive budget review conducted at 30 September 2015 has resulted in further budget adjustments, as detailed in Attachment 2. As part of the Budget Review, managers have conducted a review of their programs with a view to providing a revised forecast for the financial year ended 30 June 2016. Managers take into consideration events that have occurred to date and/or information that has become available since the adoption of the original budget and the impact of which provides the basis for the budget adjustments.

The review as resulted in $8.5m increase in total revenue mainly in grants & contributions for capital purposes and recognition of $3.3m net gain from disposal of assets. Total expenditure is also projected to increase by $5.3m to $161.8m mainly due to to inclusion of $3m for waste remediation works and a $1.4m upward adjustment to depreciation.

The proposed budget changes will increase the unfavorable budgeted net operating result before grants and contributions for capital purposes to a deficit of $1.1m for the year ending 30 June 2016 (Ref attachment 1 – Note B).

Capital Budget

The additional capital works mainly relates to acquisition of land ($9.6m), grant funded projects ($3.6m) and other minor initiatives ($2.8m) as detailed in Attachment 3.

The Table 1 below provides summary of the budget results:

Details of the proposed budget changes are provided in the attachments.

Attachments 1 - Quarter 1 Budget Review Summary (QBRS): This report presents a summary of Council's budgeted financial position at end of the quarter. The key indicators include:

1. The revised budgeted income and expenditure for the year against the original estimate of annual income and expenditure as shown in Council’s Operational Plan

2. The forecast income and expenditure to 30 June 2016

3. Changes following Quarter 1 budget review

4. The proposed budget for 2015/16 financial year

5. The capital expenditure broken down into new and renewal assets.

Attachments 2 – This report provides details of operating budget adjustments

Attachments 3 – This report provides details of capital budget adjustments

Attachment 4 & 5 – Grants Status Report: Has two components, first listing all annual grant submissions and second, listing all grants that have been applied for during the quarter detailing the project title, amount sought, funding body and status of the application. Council officers are continually seeking alternate sources of funding as opportunities arise.

Attachment 6 - Cash and Investments Statement: Providing a reconciliation of restricted and unrestricted funds to the level of Cash and Investments held as at 30 September 2015

Attachment 7 - Key Performance Indicators

Attachment 8 - 9 Contracts and Other Expenses Statement.

As the Responsible Accounting Officer, it is the Chief Financial Officer’s opinion that the short term financial position of Council is considered satisfactory.

This Report recommends that Council receives and notes the report and votes the budget variations in accordance with this report.

CONSIDERATIONS

Economic and Financial	The budgeted net operating result before Grants and Contributions for Capital Purposes following Quarter 1 Budget Review and Council resolutions to September 2015 will be a deficit of $1.1m
Environmental and Sustainability	There are no environmental and sustainability considerations.
Social and Cultural	There are no social and cultural considerations.
Civic Leadership and Governance	Deliver services that are customer focused. Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

ATTACHMENTS

1. QBRS - Consolidated Financial Results View

2. Operating Budget Adjustments View

3. Capital Budget Adjustments View

4. Grants Status Report - Applications View

5. Grants Status Report - Received View

6. Cash & Investment Report View

7. Key Performance Indicators View

8. Consultancy & Legal Expenses Budget Review Statement View

9. Contracts Budget Review Statement

Ordinary Meeting 25 November 2015

Economy and Engagement Report

DEE 01

Outdoor Dining Policy

Strategic Direction	Vibrant Prosperous City Activate the city centre and develop vibrant places that attract people to Liverpool
Key Policy	Economic Development Strategy
File Ref	298494.2015
Report By	Julie Scott - Manager Economic Development
Approved By	Michael Cullen - Director Economic Development

Executive Summary

Council does not currently have a formal outdoor dining policy. Recent strong interest in opening new cafés and restaurants in the Liverpool city centre requires a more consistent policy framework to be in place to ensure the range of issues involved in operating an outdoor dining area is understood by businesses. The primacy of the Roads Act 1993 and the impact of the implementation by the NSW Government of new smoking laws on outdoor dining spaces are currently not well understood by business operators.

The intent of the Outdoor Dining Policy is to provide clear guidelines to businesses for use of Council’s footpaths as outdoor dining areas and to ensure consistency in management of requirements such as safety, pedestrian movement and waste management by business proprietors.

It is recommended that the attached draft policy be exhibited for public comment. Formal introduction of the policy is proposed from 1 July 2016 with any comments received during the exhibition period taken in to account before finalisation of the policy.

Additional standards and conditions for outdoor dining in the Macquarie Mall are also being developed to complement the Outdoor Dining Policy.

RECOMMENDATION

That Council:

1. Receive and note this report

2. Provide public notice of 28 days for the making of public submissions of Council's intention to implement the new Outdoor Dining Policy, as attached to this report; and

3. Be provided with a further report at a future meeting, following the receipt and review of any public submissions.

REPORT

In February 2013 changes to planning legislation by the NSW Government meant that outdoor dining applicants were no longer required to submit Development Approval applications to obtain their outdoor dining permit.

Section 125 of the Road Act 1993 is now the primary legislation that impacts outdoor dining.

Due to these changes outdoor dining permits now need to be approved by Council’s Traffic and Transport Unit, with permits issued through Council’s Property and Commercial Development Unit.

The purpose of developing the Outdoor Dining Policy is to:

· Maximise synergies between outdoor dining areas and other public uses in the Liverpool City Centre and broader local government area

· Better manage an increased interest in outdoor dining permit requests, particularly within the City Centre

· Ensure that outdoor dining areas conform to a series of standards to make them safe, accessible and aesthetically pleasing

· Establish and enforce the safety, performance and maintenance requirements for the establishment of new outdoor dining areas

The policy introduces a checklist approach, with self-regulation by business proprietors against the standards set. The process to be introduced places the onus on proprietors to meet regulatory requirements (health and safety) as well as aesthetic standards.

The main changes between previous guidelines and the new policy are:

Previous Outdoor Dining Guidelines	Draft Outdoor Dining Policy
Outdoor permits approved via a Development Application through Council’s Planning and Growth Directorate. Permit issued via the Property and Commercial Development Unit.	Permits approved by Council’s Traffic and Transport Unit, with permits to be issued via the Property and Commercial Development Unit.
Cases looked at on an individual basis – minimal guidance provided on standard requirements.	Clear guidelines for use of Council’s footpaths for outdoor dining will provide consistency in: • Standards for safety, accessibility and aesthetics, including furniture style and amenities guidelines • Waste Management plans • NSW Health smoking legislation • Shore lining and Disability Act requirements • Space and management plans for areas such as the Macquarie Mall
Charges incurred per chair	Charges incurred per square metre

Previous Outdoor Dining Guidelines	Draft Outdoor Dining Policy
Owner’s and/or adjoining property owners consent required	Council is the final determinant of whether the space can be approved for outdoor dining. The property owner can support or not support the use of the space. Council will take into account any objections in writing from the property owner or adjoining business in the event they do not support the use of the space for outdoor dining.

Due to the works that are about to commence in Macquarie Mall, businesses in the Mall have been charged $1 for a permit to operate an outdoor dining space for the 2015/16 financial year. Given the importance of the Macquarie Mall as a special precinct within the Liverpool city centre and the ownership of assets within the Mall by Council, additional operational standards and conditions will apply to outdoor dining areas in the Mall.

Council will continue to liaise with businesses and property owners to communicate the changes proposed to the Outdoor Dining Policy. The new Outdoor Dining Policy is proposed to come into effect from 1 July 2016 allowing an adequate transition timeframe for current permit holders and consistency with the timing of any changes to Council’s 2016/17 Revenue Pricing Policy (Fees and Charges). Any comments received during the public exhibition period will be taken into account before the policy is finalised.

The draft Outdoor Dining Policy has been the subject of a Councillor Briefing and was placed on the Councillor Intranet for comment.

The draft policy is attached.

CONSIDERATIONS

Economic and Financial	The new Outdoor Dining Policy will formalise requirements for outdoor dining areas, providing consistent standards that will help lift the perception of Liverpool as a food destination. The relevant fees and charges for outdoor dining areas will be assessed on an ongoing basis taking into account physical and other improvements to the city centre.
Environmental and Sustainability	Management of waste is a component of the Outdoor Dining Policy framework.
Social and Cultural	The broad range of cuisines available across Liverpool area is important in promoting the advantages of Liverpool’s multi-culturalism.
Civic Leadership and Governance	The Outdoor Dining Policy will provide transparency and consistency in the way that Council deals with applications for outdoor dining licences.

ATTACHMENTS

1. Draft Outdoor Dining Policy

69
DEE 01	Outdoor Dining Policy
Attachment 1	Draft Outdoor Dining Policy

17
CFO 09	Budget Review - September 2015
Attachment 2	Operating Budget Adjustments

17
CFO 09	Budget Review - September 2015
Attachment 3	Capital Budget Adjustments

21
CFO 09	Budget Review - September 2015
Attachment 4	Grants Status Report - Applications

25
CFO 09	Budget Review - September 2015
Attachment 5	Grants Status Report - Received

25
CFO 09	Budget Review - September 2015
Attachment 6	Cash & Investment Report

27
CFO 09	Budget Review - September 2015
Attachment 7	Key Performance Indicators

29
CFO 09	Budget Review - September 2015
Attachment 8	Consultancy & Legal Expenses Budget Review Statement

29
CFO 09	Budget Review - September 2015
Attachment 9	Contracts Budget Review Statement