MINUTES OF THE Extraordinary Meeting
HELD ON 4 May 2016
PRESENT:
Mayor Ned Mannoun
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Harle
Councillor Karnib
Councillor Mamone
Councillor Ristevski
Councillor Shelton
Councillor Waller
Mr Michael Cullen, Acting Chief Executive Officer
Mr Gary Grantham, Chief Financial Officer / Director Corporate Services
Dr Eddie Jackson, Acting Director Community and Culture
Ms Julie Scott, Acting Director Economic Development
Mr Raj Autar, Director Infrastructure and Environment
Mr John Morgan, Director Property and Commercial Development
OPENING 6.07pm.
PRAYER The prayer of the Council was read by Pastor Phil Hanbury from Southwestern Community Baptist Church.
APOLOGIES Nil
CONDOLENCES Nil
Nil
PUBLIC FORUM
Presentation - items not on the Agenda
Nil
Representation - items on the Agenda
1. Ms Fiona Macnaught addressed the Council in opposition to the following item:
Item CFO 01: Draft Delivery Program and 2016-17 Operational Plan and Budget (including Revenue Pricing Policy).
Motion: Moved: Mayor Mannoun Seconded: Clr Hadchiti
That a three minute extension of time be given to Ms Fiona Macnaught.
On being put to the meeting the motion was declared CARRIED.
2. Ms Rebekah Foxe addressed the Council in opposition to the following item:
Item CFO 01: Draft Delivery Program and 2016-17 Operational Plan and Budget (including Revenue Pricing Policy).
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That a three minute extension of time be given to Ms Rebekah Foxe.
On being put to the meeting the motion was declared CARRIED.
3. Ms Signe Westerberg addressed the Council in opposition to the following item:
Item CFO 01: Draft Delivery Program and 2016-17 Operational Plan and Budget (including Revenue Pricing Policy).
Motion: Moved: Clr Hadchiti Seconded: Clr Shelton
That a three minute extension of time be given to Ms Signe Westerberg.
On being put to the meeting the motion was declared CARRIED.
FILE NO: 112890.2016
SUBJECT: Resignation of Councillor Anne Stanley - Request to Minister of Local Government to Dispense with By-election
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RECOMMENDATION
That Council:
1. Respectfully seek leave from the Chairperson to deal with this matter as a matter of urgency pursuant to clause 17.2 of Council’s Code of Meeting Practice.
2. Note the resignation of Anne Stanley from the role of Councillor for the City of Liverpool, effective Friday, 29 April 2016.
3. Delegate authority to the Acting Chief Executive Officer to write to the Minister for Local Government on behalf of the Council, seeking that the requirement for a by-election to fill Anne Stanley’s seat be dispensed with under the provisions of s.294(2)(a) of the Local Government Act 1993.
4. Notify Councillors of the Minister’s response as soon as possible after it is received.
5. Thank Anne Stanley for her service to the Council and the residents of the City of Liverpool.
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Motion: Moved: Clr Hadchiti Seconded: Clr Shelton
That the recommendation be adopted.
The Mayor ruled that the above item be dealt with as a matter of urgency. The motion was then voted on and on being put to the meeting declared CARRIED.
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Chief Executive Officer Report
FILE NO: 114502.2016
SUBJECT: Budget 2016/17
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RECOMMENDATION
That Council:
1. Note the Report
2. Note that Management’s recommendation is that costs should be reduced across the whole of Council’s operations to achieve a budget outcome in line with its Fit for the Future submission consistent with previous and ongoing budget discussions.
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Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That items CEO 01 and CFO 01 be dealt with concurrently.
On being put to the meeting the motion was declared CARRIED.
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That Council:
1. Adopt option 4 ($864,000 deficit as shown on page 806 of the Agenda for Council meeting 27 April 2016) as presented to Council at its ordinary meeting 27 April 2016 with the following changes: a. A reduction in the salary of the CEO by $50,000. b. Direct the CEO to implement efficiency savings across the board which may include consultancy fees of $350,000. c. Cease participation in the US Studies Centre - $70,000. d. Ensure Mayoral Ball is cost neutral - $34,000. e. Discontinue the Committee for Liverpool - $110,000. f. Reduce the budget of Business Improvement Department by $250,000.
2. Note this will deliver a balanced budget for the financial year 2016/17.
3. Staff respond to the following questions: Key issues in Council to date that can/do have a budget impact include; a. Asbestos contamination, b. Propel arrangements within Council, c. The Fleet Savings, d. Tenders and consultancy arrangements regarding; i. Propel Outsourcing of LCC Records Department, ii. City Presentation Reviews.
4. With regard to the Asbestos contamination; Council to be provided with the following information prior to making any final budget determination; a. How did the allegation of an employee allegedly planting asbestos into Council mulch stockpile in the Rose Street Depot carpark arise? b. Who was it reported to? c. What action was taken to investigate the allegation? d. Is the investigation complete? If so please provide a copy. e. What is the anticipated cost to Council to remediate the asbestos sites? f. Has our insurer been notified of the issue? g. Has Westpool indicated Liverpool’s insurance premium or membership in Westpool is likely to be adversely affected? h. Who conducted the investigation and how were they engaged? i. What was the cost of the investigation? j. Who from LCC instructed or oversighted the investigation? k. If still awaiting the report or finalisation of the investigation, when is it likely to be completed? l. What were the terms of reference or instructions provided to the investigator; i. To initiate the investigation? ii. During the course of the investigation? iii. At the conclusion of the investigation? m. The investigator provided certified copy of the investigation report to Council.
5. With regard to Propel, Council to be provided with the following information? a. List of all payments made to Propel and their associated or affiliated entities, including any natural person made during this Council term. b. Unredacted copy of the Propel contract. c. Funding source used to make those payments. d. Dates of all payments made and who authorised those payments. e. Copies of invoices received from Propel or their associated or affiliated entities, including any natural person requesting payment from LCC. f. The Council resolution authorising the payment. g. ASIC extracts showing all historical and current directors of Propel and associated entities. h. Certifications by the Director of Business Improvement and the Chief Financial Officer that: i. The original terms of engagement regarding Propel have been adhered to, ii. No payments to Propel are in breach of the original engagement terms, iii. Any payments comply with LCC procurement policies and delegations.
6. With regard to the Council Fleet arrangements entered into in 2014, please identify the following information; a. Itemised list of all income received from fleet sales of Council’s passenger fleet vehicles since 2014, b. Itemised list of all expenditure incurred, including depreciation under the new operating lease arrangement, c. All savings realised since commencing the operating lease arrangement, d. The budget line items or reserve identifying where the savings have been recorded.
7. In relation to the following tenders and consultancy arrangements please provide; a. Tender to outsource LCC Records Unit; i. Unredacted memos, emails and reports relating to the proposed tender for outsourcing of the Records unit. ii. What is the status of the tender? iii. What costs and funding sources associated with the tender process have been incurred by LCC? b. City Presentation Reviews iv. List of all consultants engaged in 2014, 15 and 16 to undertake reviews of City Presentation. v. Details regarding how consultants were engaged; the letters of instruction provided to the Consultants and any revised / addendum instructions. vi. Costs of all consultants paid by LCC to conduct the review and funding sources. vii. All unredacted reports prepared by each of the consultants.
8. Could the Acting CEO provide; a. An itemised list of all decisions made by the CEO in the 30 days preceding 24-03-2016 including but not limited to; i. All contracts signed, ii. All payments authorised, iii. All DA’s approved, iv. All tenders released, v. All decisions made under delegated authority, vi. All official letters, emails sent from the CEO.
Foreshadowed Motion: Moved: Clr Harle Seconded: Clr Ristevski
That Council staff address the following questions prior to approving or amending the current Budget:
1. Key issues in Council to date that can/do have a budget impact include; a. Asbestos contamination, b. Propel arrangements within Council, c. The Fleet Savings, d. Tenders and consultancy arrangements regarding; i. Propel Outsourcing of LCC Records Department, ii. City Presentation Reviews.
2. With regard to the Asbestos contamination; Council to be provided with the following information prior to making any final budget determination; a. How did the allegation of an employee allegedly planting asbestos into Council mulch stockpile in the Rose Street Depot carpark arise? b. Who was it reported to? c. What action was taken to investigate the allegation? d. Is the investigation complete? If so please provide a copy. e. What is the anticipated cost to Council to remediate the asbestos sites? f. Has our insurer been notified of the issue? g. Has Westpool indicated Liverpool’s insurance premium or membership in Westpool is likely to be adversely affected? h. Who conducted the investigation and how were they engaged? i. What was the cost of the investigation? j. Who from LCC instructed or oversighted the investigation? k. If still awaiting the report or finalisation of the investigation, when is it likely to be completed? l. What were the terms of reference or instructions provided to the investigator; i. To initiate the investigation? ii. During the course of the investigation? iii. At the conclusion of the investigation? m. The investigator provided certified copy of the investigation report to Council.
3. With regard to Propel, Council to be provided with the following information? a. List of all payments made to Propel and their associated or affiliated entities, including any natural person made during this Council term. b. Unredacted copy of the Propel contract. c. Funding source used to make those payments. d. Dates of all payments made and who authorised those payments. e. Copies of invoices received from Propel or their associated or affiliated entities, including any natural person requesting payment from LCC. f. The Council resolution authorising the payment. g. ASIC extracts showing all historical and current directors of Propel and associated entities. h. Certifications by the Director of Business Improvement and the Chief Financial Officer that: i. The original terms of engagement regarding Propel have been adhered to, ii. No payments to Propel are in breach of the original engagement terms, iii. Any payments comply with LCC procurement policies and delegations.
4. With regard to the Council Fleet arrangements entered into in 2014, please identify the following information; a. Itemised list of all income received from fleet sales of Council’s passenger fleet vehicles since 2014, b. Itemised list of all expenditure incurred, including depreciation under the new operating lease arrangement, c. All savings realised since commencing the operating lease arrangement, d. The budget line items or reserve identifying where the savings have been recorded.
5. In relation to the following tenders and consultancy arrangements please provide; a. Tender to outsource LCC Records Unit; i. Unredacted memos, emails and reports relating to the proposed tender for outsourcing of the Records unit. ii. What is the status of the tender? iii. What costs and funding sources associated with the tender process have been incurred by LCC?
b. City Presentation Reviews i. List of all consultants engaged in 2014, 15 and 16 to undertake reviews of City Presentation. ii. Details regarding how consultants were engaged; the letters of instruction provided to the Consultants and any revised / addendum instructions. iii. Costs of all consultants paid by LCC to conduct the review and funding sources. iv. All unredacted reports prepared by each of the consultants.
6. If Council Officers are unable to provide all additional information as requested in the preceding motion within sufficient time to allow the 2016/17 budget to become operative then the following interim actions should take place; a. CFO identify; i. All operating budget items critical for the day to day activities of Council including but not limited to salaries, utilities, fuel, consumables, waste expenses to be advertised in the usual manner to meet 2016/17 Budget deadlines. ii. All other non critical expenditure is to be quarantined until all outstanding budget enquiries are resolved, including matters such as unawarded tenders, non-contractual works and hold all unfilled vacancies. iii. All usual public notifications within this interim will note the outstanding matters to be clarified by Council Officers prior to the final budget confirmation.
7. Could the Acting CEO provide; a. An itemised list of all decisions made by the CEO in the 30 days preceding 24-03-2016 including but not limited to; i. All contracts signed, ii. All payments authorised, iii. All DA’s approved, iv. All tenders released, v. All decisions made under delegated authority, vi. All official letters, emails sent from the CEO.
8. Ensure that a contingency budget be prepared as a priority.
9. That the capital budget proceed to public exhibition.
On being put to the meeting the motion (moved by Clr Hadchiti) was declared LOST.
Division Called:
Vote for: Mayor Mannoun Clr Balloot Clr Hadchiti Clr Hadid
Vote against: Clr Harle Clr Karnib Clr Mamone Clr Ristevski Clr Shelton Clr Waller
The Foreshadowed Motion (moved by Clr Harle) was then voted on and on being put to the meeting the motion was declared CARRIED. |
FILE NO: 110357.2016
SUBJECT: Supplementary Report - Draft Delivery Program and 2016-17 Operational Plan and Budget (including Revenue Pricing Policy)
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RECOMMENDATION
That Council:
1. Approve the amended 2016/17 Budget with a deficit of $3.734m as detailed in this report.
2. Delegate to the CEO to amend the draft Delivery Program, draft Operational Plan and the draft Revenue Pricing Policy (Schedule of Fees and Charges) that was presented in CFO 05, 27 April 2016 as a result of changes resulting from the approved 2016/17 Budget.
3. Places the draft Delivery Program and Operational Plan including the draft 2016-17 Budget and Revenue Pricing Policy (Schedule of Fees and Charges) on public exhibition for a period of 28 days to allow for public comments and submissions.
4. Receives a further report after a review of public submissions at the June Council meeting.
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This item was dealt with in conjunction with item CEO 01 (on page 4 of these minutes).
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FILE NO: 115383.2016
SUBJECT: Information relating to the Propel Partnership and Draft Delivery Program and 2016-17 Operational Plan and Budget (including Revenue Pricing Policy)
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RECOMMENDATION
That Council notes the report.
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Motion: Moved: Clr Ristevski Seconded: Clr Shelton
1. That Council move into Closed Session to consider CONF 01.
2. Pursuant to Section10A(2)(di) and 10A(2)(dii) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of:
· s10(A)(2)(di)of the Local Government Act 1993 because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.
· s10(A)(2)(dii) 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.
On being put to the meeting the motion was declared CARRIED.
Clr Balloot and Clr Hadchiti left the Chambers at 7.10pm.
Council moved into Closed Session at 7.10pm.
Clr Balloot and Clr Hadchiti returned to the Chambers at 7.15pm.
Motion: Moved: Clr Waller Seconded: Clr Harle
That Council move back into Open Session.
On being put to the meeting the motion was declared CARRIED.
Council move back into Open Session at 7.35pm.
Motion: Moved: Clr Hadchiti Seconded: Clr Balloot
That Council:
1. Notes the report.
2. That any Councillor can pose questions relating to the contract by COB, 12 May 2016 and those questions be responded to by an external solicitor.
On being put to the meeting the motion was declared CARRIED. |
THE MEETING CLOSED AT 7.36pm.
<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 25 May 2016
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 4 May 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.