MINUTES OF THE Ordinary Meeting
HELD ON 12 October 2016
PRESENT:
Mayor Wendy Waller
Councillor Ayyad
Councillor Balloot
Councillor Hadchiti
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Rhodes
Councillor Shelton
Mr Michael Cullen, Acting Chief Executive Officer
Mr Gary Grantham, Chief Financial Officer / Director Corporate Services
Ms Toni Averay, Director Planning and Growth
Ms Kiersten Fishburn, Director Community and Culture
Dr Eddie Jackson, Acting Director Community & Culture
Mr Wayne Carter, Director City Presentation
Mr Raj Autar, Director Infrastructure and Environment
Mr John Morgan, Director Property and Commercial Development and Acting Director Economic Development
Ms Hiba Soueid, Acting Director Business Improvement
The meeting commenced at 6.00pm.
OPENING 6.00pm
ACKNOWLEDGEMENT The Acknowledgement of Country was performed by Uncle
OF COUNTRY Stephen Williams.
PRAYER The prayer of the Council was read by Reverend Manoj Chacko from Liverpool South Anglican Church.
APOLOGIES Nil
OATH OR AFFIRMATION As required under s233A of the Local Government Act 1993, the
OF COUNCIL Mayor and each Councillor took an oath of office or made an affirmation of office at this meeting, being the first meeting of the Council.
The following Councillors took the Oath of Office:
Mayor Waller
Clr Karnib
Clr Harle
Clr Hadid
Clr Balloot
Clr Rhodes
Clr Ayyad
Clr Hadchiti
The following Councillors took the Affirmation of Office:
Clr Hagarty
Clr Kaliyanda
Clr Shelton
CONDOLENCES Nil
Motion: Moved: Clr Harle Seconded: Clr Shelton
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That the minutes of the Ordinary Meeting
held on 31 August 2016 be confirmed as a true |
On being put to the meeting the motion was declared CARRIED.
Clr Hagarty declared a non-pecuniary, less than significant interest in the following item:
Item: CEO 01 Corporate Sponsorships
Reason: His employer, Western Sydney University, is part of the partnership, along with the UNSW and SWSLHD that form the Ingham Institute.
Clr Hagarty left the Chambers for the duration of the item.
Clr Harle declared a pecuniary interest in the following item:
Item: CFO 05 Review of the Civic Expenses and Facilities Policy after Public Exhibition
Reason: Depending on the outcome of the item, Clr Harle may need to pay for non-attendance at a function.
Clr Harle left the Chambers for the duration of the item.
Clr Shelton declared a non-pecuniary, less than significant interest in the following item:
Item: DCC 01 Grants and Donations
Reason: He is an Ordinary Member of the City of Liverpool and District Historical Society.
Clr Shelton left the Chambers for the duration of the item.
Presentation – items not on agenda
Nil
Representation – items on agenda
1. Mr Gilbert de Chalain from HUB Planning addressed Council on the following item:
IHAP 01:... DA-1025/2015 - Construction of food and drink premises and retail premises, including car parking, landscaping and signage on Proposed Lot 2 in the subdivision of Lot 29 in DP1044841 at 501 Cowpasture Road, Len Waters Estate.
FILE NO: 263252.2016
SUBJECT: No "Ice" Room
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NOTICE OF MOTION
That Council:
1. Reaffirms its position that it will never support a program that encourages the use of illicit drugs in our LGA.
2. Writes to Mr Matt Noffs making it clear that an “ice” room is not welcome here
3. Support programs that encourage users to get off these deadly drugs (rehabilitation centres)
4. Writes to each State & Federal member that represent our LGA requesting their support to ensure no “ice’ room is established in Liverpool noting that Melanie Gibbons MP has already made her position of no support clear.
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Motion Moved: Clr Hadchiti Seconded: Clr Ayyad
That the recommendation be adopted.
Amendment: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Confirm Councillors as the elected representatives for Liverpool ratepayers/stakeholders are opposed to the development of any Ice Safe Rooms or any Ice Inhalation rooms in Liverpool.
2. Write to Matt Noffs advising him that Council has undertaken a vote on this matter and that Council have voted to oppose and reject any development of any form of Ice Inhalation and or Ice Safe Room facilities in Liverpool.
Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda
That Clr Rhodes be allowed an extension of time to speak.
On being put to the meeting the motion to allow an extension of time was declared CARRIED.
Foreshadowed motion: Moved: Clr Shelton Seconded: Clr Karnib
That Council:
1. Does not support the abrupt manner in which the concept of an ice smoking room was raised for the Liverpool LGA.
2. Notes the work over the last term of Council of the community roundtables which met on multiple occasions under the chairmanship of the former Mayor with a view toward dispelling myths and perceptions around the use of methadone and other harmful substances in the community.
3. Notes the importance of rational evidence based discussions in the community assisted by advice as to effective means of dealing with issues of prevention, rehabilitation and education with respect to illicit drugs (and also alcohol).
4. Notes that the politicisation of these issues is not helpful.
5. Notes that Councillor Rhodes was not consulted with prior to the proposed Notice of Motion or its preamble being published, and
6. That a report be brought back to Council seeking an amendment to its Code of Meeting Practice that all Councillors initiated Notices of Motion are henceforward to be dealt with as the final item of business on the meeting agenda.
On being put to the meeting the Amendment (moved by Clr Rhodes) was declared LOST.
The motion (moved by Clr Hadchiti) was then voted on and on being put to the meeting was declared LOST.
Division called:
Vote for: Clr Ayyad Clr Balloot Clr Hadchiti Clr Hadid
Vote against: Mayor Waller Clr Hagarty Clr Harle Clr Kaliyanda Clr Karnib Clr Rhodes Clr Shelton
The Foreshadowed motion (moved by Clr Shelton) was then put to the meeting and was declared CARRIED.
Councillors voted unanimously for this motion. |
FILE NO: 263277.2016
SUBJECT: Opportunities to support local businesses and social enterprise
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NOTICE OF MOTION
That Council be provided with a report that addresses the following:
1. Options and opportunities for these types of Hubs in Liverpool using existing library space, Council facilities and other suitable locations throughout the LGA.
2. Options particularly in areas outside the CBD, and include Rural areas and suburbs east of the Georges River as well those areas like West Hoxton, Edmondson Park and Middleton Grange which currently suffer from inferior internet services.
3. Consideration of priorities to certain people or businesses should there be a high demand.
4. Costs to Council of such facilities and explore opportunities for grants from Federal or State Government
5. Report should be provided to Council at its December meeting.
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Motion Moved: Clr Kaliyanda Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 264126.2016
SUBJECT: The Greater Sydney Commission Awards
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NOTICE OF MOTION
That Council consider submitting an entry for the awards for any of the projects below:
· Liverpool’s new mall due to be completed in December; · the plans for Bigge Park; or · any other suitable project
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Motion Moved: Clr Rhodes Seconded: Clr Hadid
That Council submit an entry for the The Greater Sydney Commission Awards for any of the projects below:
· Liverpool’s new mall due to be completed in December; · the plans for Bigge Park; or · any other suitable project.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. |
Independent Hearing and Assessment Panel Report
FILE NO: 247228.2016
SUBJECT: DA-1025/2015 - Construction of food and drink premises and retail premises, including car parking, landscaping and signage on Proposed Lot 2 in the subdivision of Lot 29 in DP1044841 at 501 Cowpasture Road, Len Waters Estate.
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RECOMMENDATION
It is recommended that Council approve development application DA-1025/2015 as a deferred commencement consent subject to the amended recommended conditions of consent contained in Attachment 4.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion. |
Clr Hagarty and Clr Hadchiti left the Chambers at 6.54pm.
Chief Executive Officer Report
FILE NO: 249149.2016
SUBJECT: Corporate Sponsorships
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RECOMMENDATION
That Council endorses the Financial Contributions Panel’s recommendations for the provision of $8,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. The final amount of Corporate Sponsorship monies available for 2016/17 are still being compiled. This latest allocation will absorb almost all of the remaining surplus.
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Motion Moved: Clr Shelton Seconded: Clr Balloot
That approves the provision of $10,500 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below. The final amount of Corporate Sponsorship monies available for 2016/17 are still being compiled. This latest allocation will absorb almost all of the remaining surplus.
On being put to the meeting the motion was declared CARRIED.
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Clr Hagarty and Clr Hadchiti returned to the Chambers at 6.56pm.
FILE NO: 261833.2016
SUBJECT: Potential Introduction of Ombudsman Model to Liverpool City Council
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RECOMMENDATION
That Council analyse the costs and benefit of an Ombudsman model for Liverpool Council and request a report to Council on the findings of this analysis.
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Motion Moved: Clr Hadid Seconded: Clr Kaliyanda
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 181573.2016
SUBJECT: Further Report on Feasibility of Implementing Matters Identified in Submissions on the Delivery Program and Operational Plan 2016-17
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RECOMMENDATION
That Council receives and notes the report.
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Motion Moved: Clr Shelton Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 241324.2016
SUBJECT: Election of Deputy Mayor
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RECOMMENDATION
That Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the October 2016 – September 2017 period.
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Motion Moved: Clr Kaliyanda Seconded: Clr Shelton
That:
1. Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the October 2016 – September 2017 period.
2. That the method of election for the position of Deputy Mayor of Liverpool City Council for the term October 2016 – September 2017 be determined by secret ballot.
On being put to the meeting the motion was declared CARRIED.
NOMINATIONS
Nominations were called for the position of Deputy Mayor by the Acting Chief Executive Officer as the Returning Officer.
The Acting Chief Executive Officer advised that two nominations had been received, being for Clr Harle and Clr Karnib. The following votes were recorded:
Mayor Waller called a recess of Council at 6.59pm to allow for Councillors to place their ballot paper in the ballot box.
Mayor Waller reopened the Council meeting at 7.04pm.
VOTING
The Acting chief Executive Officer advised that the following votes were recorded:
Clr Karnib - 7
Clr Harle - 2
Informal vote - 2
Motion Moved: Clr Balloot Seconded: Clr Hadchiti
That:
1. Councillor Clr Karnib be declared the Deputy Mayor of Liverpool City Council for the term October 2016 to September 2017.
2. Council’s Register of Delegations be amended accordingly.
3. All ballot papers be collected and destroyed by the returning officer.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 241360.2016
SUBJECT: Appointment of Councillors to committees and Affiliated Bodies
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RECOMMENDATION
That Council:
1. Notes the information relating to Council Committees and makes the following changes: i. Removes the following Committees: · Budget and Finance Committee · Building Our New City · Economic Development and Events Committee · Master Planning Steering Committee (to sit with the Planning and Development Committee instead) · No Intermodal Committee · Street Naming Committee · Warwick Farm Racing Precinct Steering Committee
ii. Changes the meeting frequency of the following Committees: · Aboriginal Consultative Committee (from monthly to quarterly) · Casula Powerhouse Arts Centre Board (from bi-monthly to quarterly) · Liverpool Access Committee (from monthly to quarterly) · Liverpool Sports Committee (from bi-monthly to quarterly)
2. Notes the report on this Council Agenda relating to the establishment of the Liverpool Service Alliance Review Committee as an advisory committee of the Council (all Councillors will be members of this Committee which will meet quarterly).
3. Notes that a further report is to be submitted to Council following the conclusion of the community consultation process regarding the possible establishment of a Floodplain Management Committee.
4. Appoints Councillors as representatives to the following Committees for the period to September 2017:
a. Aboriginal Consultative Committee b. Audit and Risk Committee c. Badgerys Creek Taskforce d. Casula Powerhouse Arts Centre Board e. Civic Advisory Committee f. Environment Advisory Committee g. Heritage Advisory Committee h. Liverpool Access Committee i. Liverpool Sports Committee j. Multicultural Advisory Committee k. Planning and Development Committee l. Youth Council
5. Appoints Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2017:
a. Floodplain Management Association b. Georges River Combined Councils Committee c. Joint Regional Planning Panel d. Liverpool Migrant Resource Centre e. Liverpool Traffic Committee f. Macarthur Bushfire Management Committee g. Macarthur Zone Bushfire Liaison Committee h. Macarthur/Liverpool Community Relations Commission Regional Advisory Council i. NSW Metropolitan Public Libraries Association j. The South West Sydney Academy of Sport k. Westpool l. Western Sydney Regional Organisation of Councils.
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COUNCIL DECISION
Motion Moved: Clr Hadchiti Seconded: Clr Hadid
That Council:
1. Notes the information relating to Council Committees and makes the following changes:
i. Master Planning Steering Committee sit with the Planning and Development Committee.
ii. Changes the meeting frequency of the following Committees: · Aboriginal Consultative Committee (from monthly to quarterly) · Casula Powerhouse Arts Centre Board (from bi-monthly to quarterly) · Liverpool Access Committee (from monthly to quarterly) · Liverpool Sports Committee (from bi-monthly to quarterly)
2. Notes the Committees below remain as per the Charters and Council to appoint representatives to these Committees: · Budget and Finance Committee · Building Our New City · Economic Development and Events Committee · No Intermodal Committee · Street Naming Committee · Warwick Farm Racing Precinct Steering Committee
3. Notes the report on this Council Agenda relating to the establishment of the Liverpool Service Alliance Review Committee as an advisory committee of the Council (all Councillors will be members of this Committee which will meet quarterly).
4. Notes that a further report is to be submitted to Council following the conclusion of the community consultation process regarding the possible establishment of a Floodplain Management Committee.
On being put to the meeting the motion (moved by Clr Hadchiti) was declared LOST.
Division:
Vote for: Clr Ayyad Clr Balloot Clr Hadchiti Clr Hadid
Vote against: Mayor Waller Clr Hagarty Clr Harle Clr Kaliyanda Clr Karnib Clr Rhodes Clr Shelton
Clr Rhodes then moved a motion which was discussed and voted on.
Motion: Moved: Clr Rhodes Seconded: Clr Harle
That Council:
1. Notes the information relating to Council Committees and makes the following changes:
i. Master Planning Steering Committee sit with the Planning and Development Committee.
ii. Changes the meeting frequency of the following Committees: · Aboriginal Consultative Committee (from monthly to quarterly) · Casula Powerhouse Arts Centre Board (from bi-monthly to quarterly) · Liverpool Access Committee (from monthly to quarterly) · Liverpool Sports Committee (from bi-monthly to quarterly)
2. Notes the report on this Council Agenda relating to the establishment of the Liverpool Service Alliance Review Committee as an advisory committee of the Council (all Councillors will be members of this Committee which will meet quarterly).
3. Notes that a further report is to be submitted to Council following the conclusion of the community consultation process regarding the possible establishment of a Floodplain Management Committee.
4. Notes the information relating to Council Committees and makes the following changes:
· Budget and Finance Committee to sit with the Budget Review Panel. · The Building Our New City Committee to sit with the Strategic Panel. · The Economic Development and Events Committee to sit with the Strategic Panel. · The Master Planning Steering Committee to sit with the Planning and Development Committee. · The Intermodal Committee to sit with the Strategic Panel. · The Street Naming Committee to sit with the Strategic Panel. · The Warwick Farm Steering Committee to be integrated into a new Precinct Committee.
5. Create a new Strategic Panel to be created with the Mayor or Delegate to be the Chair and all Councillors to be members and the Panel to meet quarterly.
6. Reintroduce Precinct Committees to cover all suburbs of Liverpool to ensure community consultation and promote Council transparency. Council is to provide support and it is to be chaired by selected Councillors and all Councillors to be members.
7. Charters to emulate the operations of the Strategic Panel, Budget Review Panel and Precinct Committees be created. The Charters of the Panels to include a clause to enable community members to be invited when appropriate who have an interest in the subject matter.
8. That the Precinct Committees will act as part of our community consultation process and that issues raised by the Precinct Committees will go into the Strategic Panel and Budget Review panel.
On being put to the meeting the motion (moved by Clr Rhodes) was declared CARRIED.
Council then discussed the motions dealing with representatives for the respective Committees.
Motion: Moved: Clr Kaliyanda Seconded: Clr Shelton
That Council:
1. Appoints the following Councillors as representatives to the following Committees for the period to September 2017:
a. Aboriginal Consultative Committee Mayor Waller and Clr Shelton b. Audit and Risk Committee Clr Karnib and Clr Shelton c. Badgerys Creek Taskforce Clr Balloot, Clr Hadchiti, Clr Hagarty, Clr Harle and Clr Rhodes d. Casula Powerhouse Arts Centre Board Mayor Waller and Clr Kaliyanda e. Civic Advisory Committee Mayor Waller and Clr Shelton f. Community Safety and Crime Prevention Committee Mayor and all Councillors g. Environment Advisory Committee Clr Harle and Clr Shelton h. Heritage Advisory Committee Clr Balloot and Clr Harle i. Liverpool Access Committee Mayor Waller j. Liverpool Sports Committee Clr Kaliyanda k. Multicultural Advisory Committee Clr Balloot, Clr Hagarty and Clr Karnib l. Planning and Development Committee Mayor and all Councillors m. Youth Council Mayor Waller, Clr Hagarty and Clr Rhodes
2. Appoints the following Councillors to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2017: a. Floodplain Management Association Clr Harle b. Georges River Combined Councils Committee Clr Harle and Clr Shelton c. Joint Regional Planning Panel Mayor Waller and Clr Hadchiti with Clr Harle and Clr Rhodes as alternates d. Liverpool Migrant Resource Centre Clr Hagarty and Clr Karnib e. Liverpool Traffic Committee Mayor Waller f. Macarthur Bushfire Management Committee Clr Harle g. Macarthur Zone Bushfire Liaison Committee Clr Harle h. Macarthur/Liverpool Community Relations Commission Regional Advisory Council Clr Balloot i. NSW Metropolitan Public Libraries Association Nil j. The South West Sydney Academy of Sport Clr Kaliyanda k. Westpool Mayor Waller l. Western Sydney Regional Organisation of Councils. Mayor Waller, Clr Rhodes and Clr Shelton as an alternate.
Amendment: Moved: Clr Ayyad Seconded: Clr Hadchiti
That Council:
1. Appoints the following Councillors as representatives to the following Committees for the period to September 2017: a. Aboriginal Consultative Committee Mayor Waller and Clr Shelton b. Audit and Risk Committee Clr Karnib and Clr Shelton c. Badgerys Creek Taskforce Clr Balloot, Clr Hadchiti, Clr Hagarty, Clr Harle and Clr Rhodes d. Casula Powerhouse Arts Centre Board Mayor Waller and Clr Kaliyanda e. Civic Advisory Committee Mayor Waller and Clr Shelton f. Community Safety and Crime Prevention Committee Mayor and all Councillors g. Environment Advisory Committee Clr Harle and Clr Shelton h. Heritage Advisory Committee Clr Balloot and Clr Harle i. Liverpool Access Committee Mayor Waller j. Liverpool Sports Committee Clr Kaliyanda k. Multicultural Advisory Committee Clr Balloot, Clr Hagarty and Clr Karnib l. Planning and Development Committee Mayor and all Councillors m. Youth Council Clr Ayyad, Clr Kaliyanda and Clr Hagarty
2. Appoints the following Councillors as representatives to the following community committees and affiliated bodies and notifies of their representatives for the period to September 2017: a. Floodplain Management Association Clr Harle b. Georges River Combined Councils Committee Clr Harle and Clr Shelton c. Joint Regional Planning Panel Mayor Waller and Clr Hadchiti with Clr Harle and Clr Rhodes as alternates d. Liverpool Migrant Resource Centre Clr Hagarty and Clr Karnib e. Liverpool Traffic Committee Mayor Waller f. Macarthur Bushfire Management Committee Clr Harle g. Macarthur Zone Bushfire Liaison Committee Clr Harle h. Macarthur/Liverpool Community Relations Commission Regional Advisory Council Clr Balloot i. NSW Metropolitan Public Libraries Association Nil j. The South West Sydney Academy of Sport Clr Kaliyanda k. Westpool Mayor Waller
l. Western Sydney Regional Organisation of Councils. Mayor Waller, Clr Rhodes and Clr Shelton as an alternate.
3. All Charters be altered to allow all Councillors to be involved and have voting rights in Committees.
On being put to the meeting the Amendment (moved by Clr Ayyad) was declared CARRIED and then became the motion.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 256961.2016
SUBJECT: Office of Local Government Councillor Workshops
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RECOMMENDATION
That the Councillor Support Officer coordinate the registration of Councillors interested in attending one of the Councillor Workshops.
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Motion Moved: Clr Shelton Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 257413.2016
SUBJECT: Terms of Reference - Liverpool Services Alliance Review Committee
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RECOMMENDATION
That Council:
1. Establish the Liverpool Services Alliance Review Committee as an advisory committee of the Council.
2. Adopt the Terms of Reference for the Liverpool Services Alliance Review Committee in the form attached to the report of staff.
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Motion Moved: Clr Shelton Seconded: Clr Harle
That item CFO 04 be dealt with in conjunction with CONF 02.
On being put to the meeting the motion was declared CARRIED.
Note: Item CFO 04 was dealt with in conjunction with CONF 02, in Closed Session at the end of the Council meeting pursuant to the provisions of s10(A)(2)(c), (d)(i), (d)(iii) and (g) of the Local Government Act 1993.
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Clr Harle left the Chambers at 7.47pm.
Clr Hadid left the Chambers at 7.53pm.
FILE NO: 259610.2016
SUBJECT: Review of the Civic Expenses and Facilities Policy after Public Exhibition
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RECOMMENDATION
That Council:
1. Receive and note this report;
2. Adopt the Civic Expenses and Facilities Policy, as attached to this report; and
3. Provide a copy of the policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.
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Motion Moved: Clr Hadchiti Seconded: Clr Balloot
That Council:
1. Receive and note this report.
2. Adopt the Civic Expenses and Facilities Policy, as attached to this report with the following amendments:
· Clause 4.10.4 (as shown below) be removed from the policy and replaced with a clause that emulates the State Government Policy on interstate and international travel.
“4.10.4 Councillors must pay their own costs of overseas flights.”
· Clause 4.8.7 (as shown below) be removed from the policy.
“4.8.7 Non-attendance at conferences Councillors must pay non-refundable costs for not attending conferences and any similar events where they are unable to prove unforeseeable mitigating circumstances, for example sickness or bereavement.”
3. Provide a copy of the policy and the related public notice to the Chief Executive of the Office of Local Government within 28 days of the date of this Council resolution.
4. The cost of a standard return flight from Sydney to Japan be reimbursed to Mayor Waller for attending the 50th anniversary of the Toda City (which is our Sister City) event.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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Clr Harle returned to the Chambers at 7.54pm.
Clr Hadid returned to the Chambers at 7.54pm.
FILE NO: 259842.2016
SUBJECT: Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons
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RECOMMENDATION
That Council note that the annual pecuniary interest returns of Councillors and designated persons, holding office or occupying positions within Council, as at 30 June 2016, are tabled before this meeting of Council in accordance with section 450A of the Local Government Act 1993.
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Motion Moved: Clr Shelton Seconded: Clr Hadchiti
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 262768.2016
SUBJECT: Investment Report August 2016
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RECOMMENDATION
That Council receives and notes this report.
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Motion Moved: Clr Shelton Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 262603.2016
SUBJECT: Tree Management Policy - amended to incorporate the reporting procedures for clean-up after storm damage
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NOTICE OF MOTION
That Council adopts the Tree Management Policy.
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Motion Moved: Clr Hadchiti Seconded: Clr Ayyad
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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Clr Shelton left the Chambers at 8.00pm.
FILE NO: 226445.2016
SUBJECT: Grants and Donations
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RECOMMENDATION
That Council endorses the following recommendations:
1. For the provision of $300 (GST exclusive) under Quick Response Grants (Youth)
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Motion Moved: Clr Hadchiti Seconded: Clr Hadid
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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Clr Shelton returned to the Chambers at 8.01pm.
FILE NO: 245267.2016
SUBJECT: City Centre Activation Program
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RECOMMENDATION
That Council:
1. Note the report; and
2. Approve recurrent funding of $200,000 p.a. from the City Development Fund for a Place Manager (City Centre) position and program budget.
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As there was no mover for the motion, the motion lapsed. |
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FILE NO: 241758.2016
SUBJECT: Car parking rates for industrial development post-exhibition report
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RECOMMENDATION
That Council adopts the Liverpool Development Control Plan Draft 2008 (Draft Amendment No. 23) and forward a copy of the Development Control Plan to the Department of Planning and Environment for notification.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Vote for: Mayor Waller Clr Ayyad Clr Balloot Clr Hadchiti Clr Hadid Clr Hagarty Clr Harle Clr Kaliyanda Clr Karnib Clr Rhodes
Vote against: Clr Shelton
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FILE NO: 254161.2016
SUBJECT: Offer to enter into a Voluntary Planning Agreement - DA-582/2016 at 420 Macquarie Street, Liverpool
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RECOMMENDATION
That Council:
1. Accepts in principle the proposed offer to enter into a planning agreement for a monetary contribution for restoration works to Collingwood House as a public benefit and directs the CEO to prepare a planning agreement and explanatory note and to publicly exhibit the documents for a period of 28 days.
2. Delegates authority to the CEO, subject to consideration of any changes following public exhibition, to execute the planning agreement in the form that is publicly exhibited or with minor alterations.
3. Notes that if changes other than minor changes arise from the public exhibition process these will be reported back to Council.
4. Notes that this delegation is within the powers that can be dedicated under Section 377 of the Local Government Act 1993.
5. Notes that any planning agreement will be subject to approval of development application DA-582/2016.
6. Notes that in accepting the proposed offer to enter into a planning agreement, Council retains full discretion to determine development application DA-582/2016 on its merits in accordance with the requirements of the Environmental Planning and Assessment Act 1979.
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COUNCIL DECISION
Motion Moved: Clr Hadid Seconded: Clr Hadchiti
That Council place on exhibition and delegate to the A/CEO to determine DA-582/2016 at 420 Macquarie Street, Liverpool and the related Voluntary Planning Agreement.
On being put to the meeting the motion was declared LOST.
Vote for: Clr Ayyad Clr Balloot Clr Hadchiti Clr Hadid
Vote against: Mayor Waller Clr Hagarty Clr Harle Clr Kaliyanda Clr Karnib Clr Rhodes Clr Shelton
Mayor Waller called a recess of Council at 8.21pm. |
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Mayor Waller reopened the Council meeting at 8.39pm.
FILE NO: 253120.2016
SUBJECT: Casula Powerhouse Arts Centre Board Minutes from Meeting 18 August 2016
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RECOMMENDATION
That Council receives and adopts the Minutes of the Casula Powerhouse Arts Centre Meeting held on 18 August 2016.
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Motion Moved: Clr Karnib Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 253532.2016
SUBJECT: Minutes of Liverpool Access Committee Meeting held on 11 August 2016
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RECOMMENDATION
That Council receives and notes the minutes of the Liverpool Access Committee Meeting held on Thursday, 11 August 2016.
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Motion Moved: Clr Karnib Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 255435.2016
SUBJECT: Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee held on Thursday 1 September, 2016
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RECOMMENDATION
That Council receives and adopts the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on Thursday 1 September 2016.
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Motion Moved: Clr Karnib Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 252107.2016
SUBJECT: Minutes of the Environment Advisory Committee Meeting held on 8 August 2016
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RECOMMENDATION
That Council receives and adopts the Minutes of the Environment Advisory Committee Meeting held on 8 August 2016.
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Motion Moved: Clr Karnib Seconded: Clr Balloot
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 264251.2016
SUBJECT: Question with Notice - Clr Harle
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Please address the following:
1. Does Council have a policy relating to Footpath/Nature Strip Mowing and if so is that currently being applied?
2. At a previous Council meeting it was agreed to write to the state government regarding the maintenance of Nature strips by owners of properties bordering nature strips, has the Government responded?
A response to these questions will be provided in the November 2016 business papers. |
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FILE NO: 267309.2016
SUBJECT: Annual Financial Reports 2015/16
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RECOMMENDATION
That Council:
1. Receives and endorses this report.
2. Approves an Extraordinary Meeting to be held on Wednesday October 26, 2016 for management to present its audited financial reports, together with the auditor’s reports.
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Motion Moved: Clr Harle Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
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39
FILE NO: 266078.2016
SUBJECT: Additional voting delegates at the 2016 Local Government Conference
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RECOMMENDATION
That Council allocates 1 additional vote to a Councillor attending the 2016 LGNSW Conference subject to Cr Hadid being nominated as a Council voting delegate (in addition to his vote entitlement as a Board member).
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Motion Moved: Clr Shelton Seconded: Clr Karnib
That Council allocates 1 additional vote to Mayor Waller at the 2016 LGNSW Conference and Cr Hadid be nominated as a Council voting delegate (in addition to his vote entitlement as a Board member).
On being put to the meeting the motion was declared CARRIED. |
39
FILE NO: 247369.2016
SUBJECT: Memorandum of Understanding - Commonwealth/RMS - Badgery's Creek Road Network
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RECOMMENDATION
That Council:
1. Receive and note the report of staff concerning the ongoing negotiations between the Federal Government, Roads and Maritime Services, and Council in relation to proposed improvements to the road network around the proposed airport at Badgery’s Creek. 2. Delegate authority to the Chief Executive Officer to negotiate, settle and execute the Memorandum of Understanding between the parties on the terms as outlined in the report of staff.
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Motion Moved: Clr Harle Seconded: Clr Karnib
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 255364.2016
SUBJECT: Report on Legal Advice - Audit of Prosperity Audit Services
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RECOMMENDATION
That Council receive and note the report of staff concerning the legal advice obtained in relation to the audit of Prosperity Audit Services.
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Motion Moved: Clr Shelton Seconded: Clr Karnib
That this item be dealt with in Closed Session at the end of the meeting.
On being put to the meeting the motion was declared CARRIED.
Note: CFO 04 was dealt with in conjunction with this item. See pages 52 and 53 of these minutes for the resolution of this item. |
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Clr Hadid returned to the Chambers at 8.44pm.
FILE NO: 256492.2016
SUBJECT: ST2553 – Provision of Fire Testing Services and Associated Consultancy Services
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RECOMMENDATION
That Council:
1. Accept the Tender from Newsound Fire Services Pty Ltd for Portion A of Tender ST2553 – Provision of Fire Testing Services and Associated Consultancy Services for an initial three years contract term with the option of extending 2 x 12 months at the GST inclusive price of $98,967.
2. Makes public its decision regarding tender ST2553 Provision of Fire Inspection and Testing Services – Portion A.
3. Decline to accept any tenders for Portion B and in accordance with Section 178(3)(a) of the Local Government (General) Regulation 2005 postpone or cancel the proposal for the contract.
4. Notes that the Director Property & Commercial Development 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.
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.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 258857.2016
SUBJECT: Organisational Restructure of Council Operations
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RECOMMENDATION
That Council:
1. Consider this matter in closed Council under s.10A (2)(a) of the Local Government Act 1993, as it has staff implications.
2. Under its requirement for a mandatory review of Council’s structure agree to a 5 Directorate model of City Infrastructure, Community and Culture, Corporate Services, Commercial and Economic Development and Planning and Growth.
3. Note that future fine-tuning of the structure will be undertaken by an incoming Chief Executive officer and consultation with staff and unions will be undertaken including provision of information to the Joint Consultative Committee.
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Motion Moved: Clr Hadchiti Seconded: Clr Ayyad
That the item be deferred until the appointment of a CEO.
On being put to the meeting the motion (moved by Clr Hadchiti) was declared LOST.
Recommittal of item: Moved: Clr Karnib Seconded: Clr Hagarty
That the recommendation be adopted.
On being recommitted and put to the meeting the motion (moved by Clr Karnib) was declared LOST.
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FILE NO: 259204.2016
SUBJECT: ST2555 – Streetscape Weed Control
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RECOMMENDATION
That Council:
1. Under Section 178 (3) (e) of the Local Government Act Council resolves to decline all tenders and nominates to enter into negotiations with Garden Growing Solutions Pty Ltd with a view to entering into a contract for 12 months to provide Streetscape Weed Control services.
2. Makes public its decision regarding tender ST2555 – Streetscape Weed Control.
3. Notes that the Chief Executive Officer will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Acceptance takes effect following publication of draft Minutes on Council website for the tender in accordance with delegated authority.
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.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That Council:
1. Under Section 178 (3) (e) of the Local Government Act Council resolves to decline all tenders and nominates to enter into negotiations with Garden Growing Solutions Pty Ltd with a view to entering into a contract for 12 months to provide Streetscape Weed Control services.
2. Makes public its decision regarding tender ST2555 – Streetscape Weed Control.
3. Notes that the Chief Executive Officer will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Acceptance takes effect following publication of draft Minutes on Council website for the tender in accordance with delegated authority.
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.
6. Investigates the possibility of carrying out this task with other means.
On being put to the meeting the motion was declared CARRIED.
Councillors voted unanimously for this motion.
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FILE NO: 260582.2016
SUBJECT: Liverpool Civic Place - Project Update (1st Quarter 2016-17)
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RECOMMENDATION
That Council:
1. Notes that the Project Development Agreement has been executed with the successful proponent;
2. Keeps confidential the attachment supplied under separate cover 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.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 259152.2016
SUBJECT: Recruitment of Chief Executive Officer
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RECOMMENDATION
That Council:
1. Receive and note the report of staff concerning the process of appointing a Chief Executive Officer;
2. Appoint a suitable independent consultant to assist in scoping, advertising and assessing applications for the position of Chief Executive Officer, based on the quotes obtained by staff and included as a confidential attachment.
3. Establish a working group with delegation from Council to undertake the following tasks: a. Work with the appointed independent consultant to draft and finalise a Position Description for the Chief Executive Officer role; b. Provide instruction to the appointed independent consultant on advertising and interview arrangements; c. With guidance and assistance from the appointed independent consultant, complete interviews for the role and undertake an assessment of the interviewed candidates; d. With guidance and assistance from the appointed independent consultant, negotiate and agree on in-principle contract terms, subject to approval by Council, with the preferred candidate; e. With guidance and assistance from the appointed independent consultant, prepare a report to the Council that provides a detailed assessment of the interviewed candidates, and makes a recommendation for appointment by the Council.
4. Appoint the Mayor, Deputy Mayor and 3 Councillors to the working group.
5. Notes that the final decision to appoint a Chief Executive Officer will be made by the Council, as required by s.377 of the Local Government Act 1993;
6. Appoints Ms Kiersten Fishburn as Acting Chief Executive Officer, with all delegated authority currently assigned to the position of Chief Executive Officer, for up to 6 months from October 22, 2016 (inclusive) or until such time as a new permanent Chief Executive Officer is appointed, and commences the position, whichever is the lesser period.
7. Delegate authority to the Mayor to negotiate, on behalf of Council, suitable terms with Ms Fishburn for her appointment to the role of Acting Chief Executive Officer.
8. Note that once a permanent Chief Executive Officer is appointed a separate Committee will need to be established to set and monitor key performance indicators for the Chief Executive Officer.
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Motion Moved: Clr Harle Seconded: Clr Hadid
That Council:
1. Receive and note the report of staff concerning the process of appointing a Chief Executive Officer.
2. Appoint a suitable independent consultant to assist in scoping, advertising and assessing applications for the position of Chief Executive Officer, based on the quotes obtained by staff and included as a confidential attachment.
3. Establish a working group with delegation from Council to undertake the following tasks: a. Work with the appointed independent consultant to draft and finalise a Position Description for the Chief Executive Officer role; b. Provide instruction to the appointed independent consultant on advertising and interview arrangements; c. With guidance and assistance from the appointed independent consultant, complete interviews for the role and undertake an assessment of the interviewed candidates; d. With guidance and assistance from the appointed independent consultant, negotiate and agree on in-principle contract terms, subject to approval by Council, with the preferred candidate; e. With guidance and assistance from the appointed independent consultant, prepare a report to the Council that provides a detailed assessment of the interviewed candidates, and makes a recommendation for appointment by the Council.
4. Appoint the Mayor, Deputy Mayor, Clr Harle, Clr Rhodes, Clr Balloot, and Clr Hadid to the working group.
5. Notes that the final decision to appoint a Chief Executive Officer will be made by the Council, as required by s.377 of the Local Government Act 1993.
6. Appoints Ms Kiersten Fishburn as Acting Chief Executive Officer, with all delegated authority currently assigned to the position of Chief Executive Officer, for up to 6 months from October 22, 2016 (inclusive) or until such time as a new permanent Chief Executive Officer is appointed, and commences the position, whichever is the lesser period.
7. Delegate authority to the Mayor to negotiate, on behalf of Council, suitable terms with Ms Fishburn for her appointment to the role of Acting Chief Executive Officer.
8. Note that once a permanent Chief Executive Officer is appointed a separate Committee will need to be established to set and monitor key performance indicators for the Chief Executive Officer.
Amendment: Moved: Clr Kaliyanda Seconded: Clr Shelton
That Council:
1. Receive and note the report of staff concerning the process of appointing a Chief Executive Officer;
2. Appoint a suitable independent consultant to assist in scoping, advertising and assessing applications for the position of Chief Executive Officer, based on the quotes obtained by staff and included as a confidential attachment.
3. Establish a working group with delegation from Council to undertake the following tasks: a. Work with the appointed independent consultant to draft and finalise a Position Description for the Chief Executive Officer role; b. Provide instruction to the appointed independent consultant on advertising and interview arrangements; c. With guidance and assistance from the appointed independent consultant, complete interviews for the role and undertake an assessment of the interviewed candidates; d. With guidance and assistance from the appointed independent consultant, negotiate and agree on in-principle contract terms, subject to approval by Council, with the preferred candidate; e. With guidance and assistance from the appointed independent consultant, prepare a report to the Council that provides a detailed assessment of the interviewed candidates, and makes a recommendation for appointment by the Council.
4. Appoint the Mayor, Deputy Mayor, Clr Hagarty, Clr Hadchiti and Clr Rhodes to the working group.
5. Notes that the final decision to appoint a Chief Executive Officer will be made by the Council, as required by s.377 of the Local Government Act 1993;
6. Appoints Ms Kiersten Fishburn as Acting Chief Executive Officer, with all delegated authority currently assigned to the position of Chief Executive Officer, for up to 6 months from October 22, 2016 (inclusive) or until such time as a new permanent Chief Executive Officer is appointed, and commences the position, whichever is the lesser period.
7. Delegate authority to the Mayor to negotiate, on behalf of Council, suitable terms with Ms Fishburn for her appointment to the role of Acting Chief Executive Officer.
8. Note that once a permanent Chief Executive Officer is appointed a separate Committee will need to be established to set and monitor key performance indicators for the Chief Executive Officer.
On being put to the meeting the Amendment (moved by Clr Kaliyanda) was declared LOST.
On being put to the meeting the motion (moved by Clr Harle) was declared CARRIED |
FILE NO: 260944.2016
SUBJECT: ST2528 - Provision of Security Services
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RECOMMENDATION
That Council:
1. Accept the Tender from BSMS Security for Portion A and Portion B of Tender ST2528 - Provision of Security Services for an initial three years contract term with the option of extending 2 x 12 months at the price of $510,542.00 GST inclusive for the initial three years contract.
2. Makes public its decision regarding tender ST2528 – Provision of Security Services.
3. Notes that the Chief Executive Officer will finalise all details and sign the Letter of Acceptance following publication of draft Minutes on Council website for the tender, giving it contractual effect, in accordance with delegated authority.
4. Keeps confidential the details supplied in this report containing information on the submissions received, pursuant to the provisions of Section 10A(2)(d)(i) of the Local Government Act 1993 as it contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
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Motion Moved: Clr Hadchiti Seconded: Clr Harle
That this item be dealt with in Closed Session at the end of the meeting.
On being put to the meeting the motion was declared CARRIED. |
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FILE NO: 259786.2016
SUBJECT: Liverpool City Council Pound Facility
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RECOMMENDATION
That Council:
1. Authorise the A/CEO to finalise negotiations and execute a lease agreement with the owner for a period of 2 years.
2. Note that Council officers will explore alternative long term future options and report back to Council during the lease period.
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Motion Moved: Clr Harle Seconded: Clr Shelton
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
Council moved into Closed Session at 9.05pm pursuant to the provisions of s10(a)(2)(c), (d)(i), (d)(iii), and (g) of the Local Government Act 1993.
Note: Item CFO 04 Terms of Reference - Liverpool Services Alliance Review Committee was dealt with in conjunction with CONF 02.
FILE NO: 255364.2016
SUBJECT: Report on Legal Advice - Audit of Prosperity Audit Services
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COUNCIL DECISION
Motion: Moved: Clr Shelton Seconded: Clr Karnib
That Council
1. Directs and delegates authority to the Chief Executive Officer to do all things reasonably necessary to terminate and otherwise bring a lawful commercial end to the arrangements known as the Liverpool Services Alliance and without limiting the generality of the foregoing the Liverpool Services and Resourcing Agreement, the Liverpool Alliance Agreement, and the Deed of Guarantee and Indemnity (and all other collateral arrangements).
2. Inform the Propel Manager that Council is evaluating disputing the termination payment clause of the agreements on the basis amongst other matters that it is not deemed a genuine loss on termination and invoking the dispute resolution clauses within the agreements.
3. Recommends the Acting CEO or future CEO negotiates with all relevant stakeholders to minimize any termination payments and if the CEO deems it necessary or advisable disputes the termination fee as contained in the model and agreements.
4. Recommends the Acting CEO or future CEO takes all necessary steps to avoid the Propel Management from deleting or destroying entirely or permanently materials or remove confidential information and ensure a due handover is provided.
5. Directs the CEO to advise Council on any such exit costs once they are known, and that such costs be referred through quarterly budget review process for identification of a suitable funding source.
Motion: Moved: Clr Hadchiti Seconded: Clr Harle
That Council move into Committee of the Whole to discuss the matter.
On being put to the meeting the motion was declared CARRIED.
Mayor Waller left the Chambers at 9.46pm and Clr Karnib took the Chair.
Mayor Waller returned to the Chambers at 9.49pm.
Clr Rhodes left the Chambers at 9.58pm.
Clr Rhodes returned to the Chambers at 9.59pm.
Clr Hagarty left the Chambers at 10.07pm.
Clr Hagarty returned to the Chambers at 10.08pm.
Foreshadowed motion: Moved: Clr Ayyad Seconded: Clr Hadchiti
That:
1. The matter be deferred until Council staff have reported back to Council with the results of a staff survey, which should include both a yes / no response and a comments section and until a new substantive CEO is in place.
2. The report should also indicate which KPI’s are being met and also an indication of the model’s strengths and weaknesses.
3. The report to include information on the KPI’s of other Councils.
4. The comments and concerns raised by the CFO and General Counsel be noted.
On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.
On being put to the meeting the Foreshadowed motion (moved by Clr Ayyad) was declared CARRIED. |
FILE NO: 260944.2016
SUBJECT: ST2528 - Provision of Security Services
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COUNCIL DECISION
Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad
That Council:
1. Accepts the tender as provided by Southern Cross Protection.
2. Note that this motion goes against the staff recommendation because we have an existing and effective relationship with Southern Cross Protection and that they were ranked number 2 by the evaluation panel.
Vote for: Mayor Waller Clr Ayyad Clr Balloot Clr Hadchiti Clr Hadid Clr Harle Clr Kaliyanda Clr Rhodes
Vote against: Clr Hagarty Clr Karnib Clr Shelton
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MATTER ARISING FROM CONF 07 RECRUITMENT OF CHIEF EXECUTIVE OFFICER
Motion: Moved: Clr Hadchiti Seconded: Clr Hagarty
That Council appoint LGNSW to assist scoping, advertising and assessing applications for the position of Chief Executive Officer.
On being put to the meeting the motion was declared CARRIED.
Mayor Waller reopened the meeting at 10.38pm and read the above three resolutions which were dealt with in Closed Session.
THE MEETING CLOSED AT 10.40pm
<Signature>
Name: Wendy Waller
Title: Mayor
Date: 23 November 2016
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 12 October 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.