COUNCIL AGENDA

 

Ordinary Council Meeting

23 November 2016

 

FRANCIS GREENWAY CENTRE

170 GEORGE STREET LIVERPOOL


 

 

 

 

 

 

 

 

 

 

 

 

You are hereby notified that an Ordinary Council Meeting of Liverpool City Council will be held at the Francis Greenway Centre, 170 George Street, Liverpool on Wednesday, 23 November 2016 commencing at 6.00pm. Doors to the Francis Greenway Centre will open at 5.50pm.

 

Liverpool City Council Meetings are taped for the purposes of minute taking and record keeping.  If you have any enquiries please contact Council and Executive Services on 9821 9237.

 

 

 

 


Kiersten Fishburn

ACTING CHIEF EXECUTIVE OFFICER

 

 

L


Opening

Prayer

Apologies 

Condolences

Confirmation of Minutes

Ordinary Council Meeting held on 12 October 2016............................................................... 8

ExtraordinaryCouncil Meeting held on 26 October 2016....................................................... 64

Declarations of Interest

Public Forum

Mayoral Report

NIL

Notices of Motion Of Rescission

NIL

Notices of Motion

NOM 01          Drug and Alcohol Testing ............................................................................... 68......... 1

NOM 02          Commitment to Multiculturalism .................................................................... 70......... 2

NOM 03          Cooling the Street - Western Sydney............................................................. 73......... 3

Motions of Urgency

NIL

Independent Hearing and Assessment Panel Report

IHAP 01          DA-1059/2015 - Fitout and use of Unit 3 as a Sex Services Premises at 3/5 Weld Street, Prestons.......................................................................................................... 75......... 4

Development Application Determination Report

NIL

Chief Executive Officer Report

NIL

Business Improvement Report

DBI 01            Draft Strategic Panel Charter......................................................................... 83......... 5

Chief Financial Officer

CFO 01           Revocation of Media Representation Policy.................................................. 95......... 6

CFO 02           Further Review of the Civic Expenses and Facilities Policy........................ 102......... 7

CFO 03           Recent amendments to the Local Government Act 1993............................ 124......... 8

CFO 04           Minor Amendment to the Code of Meeting Practice.................................... 135......... 9

CFO 05           Review of Delegations.................................................................................. 138....... 10

CFO 06           Revocation of Mayor's Policy-Making Functions Between Council Meetings Policy 149                                                                                                                         11

CFO 07           Annual Code of Conduct Complaints Report............................................... 155....... 12

CFO 08           Councillor Briefings....................................................................................... 161....... 13

CFO 09           Council Meeting Dates - January to December 2017.................................. 174....... 14

CFO 10           Draft Budget Review Panel Charter............................................................. 177....... 15

CFO 11           Annual Financial Reports 2015/16................................................................ 187....... 16

CFO 12           Investment Report September 2016............................................................ 189....... 17

CFO 13           Budget Review - September 2016............................................................... 197....... 18

CFO 14           Investment Report October 2016................................................................. 222....... 19

City Presentation Report

DCP 01           Transfer Ownership of SES Vehicles........................................................... 230....... 20

DCP 02           Maintenance of Nature Strips....................................................................... 233....... 21

DCP 03           Review of Domestic Waste Management Policy......................................... 243....... 22

Community and Culture Report

DCC 01          Civic Events and Ceremonial Functions Policy........................................... 267....... 23

DCC 02          Strong Children and Communities Project .................................................. 288....... 24

DCC 03          Grants and Donations .................................................................................. 293....... 25

DCC 04          Investigation of in-house management options for Council's Leisure Centres 303     26

Economic Development Report

NIL

Infrastructure and Environment Report

NIL

Planning and Growth Report

DPG 01          Exemption from Tendering Process............................................................. 307....... 27

DPG 02          Offer to enter into a Voluntary Planning Agreement - DA-582/2016 at 420 Macquarie Street, Liverpool............................................................................................ 311....... 28

DPG 03          Development Applications lodged with an interest declared by Councillors 316....... 29

DPG 04          Post Exhibition Report - Draft Liverpool Local Environmental Plan 2008 (Amendment 60), 311 Hume Highway, Liverpool. ................................................................... 334....... 30

DPG 05          2016-17 Operational Plan and Budget - Proposed new fees and charges - Master Plan Development Application Fee....................................................................... 345....... 31

DPG 06          Warren Serviceway Car Park Proposed Changes to Fees and Charges.... 348....... 32

Property and Commercial Development Report

NIL

Committee Reports

CTTE 01         Minutes of the Local Traffic Committee Meeting held on 21 September 2016 352    33

CTTE 02         Minutes of the Civic Advisory Committee Meeting held on 31 October 2016 356      34

CTTE 03         Planning and Development Committee Meeting Minutes of 2 November 2016..... 364 35

Questions with Notice

QWN 01         Question with Notice - Clr Harle................................................................... 370....... 36  

Council in Closed Session

The following items are listed for consideration by Council in Closed Session with the public excluded, in accordance with the provisions of the Local Government Act 1993 as listed below:

 

CONF 01   Endorsement of Liverpool Access Committee 2016-2018

Reason:     Item CONF 01 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 02   Acquisition of Part Lot 2 DP 1196541, 185 Gurner Avenue, Austral, for open space purposes

Reason:     Item CONF 02 is confidential pursuant to the provisions of s10(A)(2)(b) of the Local Government Act because it contains matters concerning the personal hardship of any resident or ratepayer.

 

CONF 03   Proposed easement for drainage purposes over Lot 737 DP 533701, 219 Memorial Avenue, Liverpool, known as 'Ireland Park'

Reason:     Item CONF 03 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 04   Proposed easement for drainage purposes over Lot 312 DP 228323, 88A South Liverpool Road, Heckenberg, known as 'Snowy Park'

Reason:     Item CONF 04 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

 

CONF 05   Compulsory acquisition of Lot 39 DP 1160527 & Lot 39 DP 1167333, Swoffer Avenue, Middleton Grange, for drainage purposes

Reason:     Item CONF 05 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 06   Acquisition of part Lot 7, 7A and 8A DP 29317, 65-75 Rynan Avenue, Edmondson Park, for drainage purposes

Reason:     Item CONF 06 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 07   Proposed easement for access over Lot 6 DP 1193300, Lt Cantello Reserve, Hammondville

Reason:     Item CONF 07 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 08   Proposed easement for drainage purposes over Lot 62 DP 1036287, 20 Bumbera Street, Prestons

Reason:     Item CONF 08 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 09   Proposed easement for transmission line over Lot 201 DP 1194243, Kurrajong Road, Carnes Hill

Reason:     Item CONF 09 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 10   Tender WT2579 - Design, Supply and Installation of GPT Unit - Mawson Drive, Cartwright

Reason:     Item CONF 10 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

CONF 11   ST2567 – VoIP Cloud Contact Centre

Reason:     Item CONF 11 is confidential pursuant to the provisions of s10(A)(2)(d i) of the Local Government Act because it contains commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 


CONF 12   Minutes of Civic Advisory Committee - 2017 Australia Day Awards

Reason:     Item CONF 12 is confidential pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than councillors).

 

CONF 13   Acquisition of part Lot 6 DP 1065574, Newbridge Road, Moorebank, for road purposes

Reason:     Item CONF 13 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

CONF 14   Proposed disposal of part Copeland Street, Liverpool

Reason:     Item CONF 14 is confidential pursuant to the provisions of s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.  

Close


 

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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

Confirmation of Minutes

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Shelton

 

That the minutes of the Ordinary Meeting held on 31 August 2016 be confirmed as a true
record of that meeting.

 

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

Declarations of Interest

 

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.

 

Public Forum

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.


 

Notices of Motion

 

ITEM NO:      NOM 01

FILE NO:        263252.2016

SUBJECT:     No "Ice" Room

 

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. 

 

COUNCIL DECISION

 

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.

 

  1. 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.

 

  1. 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).

 

  1. Notes that the politicisation of these issues is not helpful.

 

  1. Notes that Councillor Rhodes was not consulted with prior to the proposed Notice of Motion or its preamble being published, and

 

  1. 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.


 

ITEM NO:      NOM 02

FILE NO:        263277.2016

SUBJECT:     Opportunities to support local businesses and social enterprise

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Kaliyanda          Seconded: Clr Ayyad

 

That the recommendation be adopted.

 

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


 

ITEM NO:      NOM 03

FILE NO:        264126.2016

SUBJECT:     The Greater Sydney Commission Awards

 

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

 

COUNCIL DECISION

 

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

 

ITEM NO:      IHAP 01

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.

 

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.

 

COUNCIL DECISION

 

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

 

ITEM NO:      CEO 01

FILE NO:        249149.2016

SUBJECT:     Corporate Sponsorships

 

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. 

 

Applicant name

Amount

Ingham Institute

$2,500 ex gst

Shree Sanatan Dharm Pratinidhi Sabha of Australia Incorporated

$5,000 ex gst

NSW Professional Track League

$500 ex gst

 

 

COUNCIL DECISION

 

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. 

 

Applicant name

Amount

Ingham Institute

$5,000 ex gst

Shree Sanatan Dharm Pratinidhi Sabha of Australia Incorporated

$5,000 ex gst

NSW Professional Track League

$500 ex gst

 

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

 


Clr Hagarty and Clr Hadchiti returned to the Chambers at 6.56pm.

 

ITEM NO:      CEO 02

FILE NO:        261833.2016

SUBJECT:     Potential Introduction of Ombudsman Model to Liverpool City Council

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Hadid                 Seconded: Clr Kaliyanda

 

That the recommendation be adopted.

 

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

 


 

Business Improvement Report

 

ITEM NO:      DBI 01

FILE NO:        181573.2016

SUBJECT:     Further Report on Feasibility of Implementing Matters Identified in Submissions on the Delivery Program and Operational Plan 2016-17

 

RECOMMENDATION

 

That Council receives and notes the report.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

 


 

Chief Financial Officer

 

ITEM NO:      CFO 01

FILE NO:        241324.2016

SUBJECT:     Election of Deputy Mayor

 

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.

 

COUNCIL DECISION

 

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.

 

  1. 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.

 

  1. Council’s Register of Delegations be amended accordingly.

 

  1. All ballot papers be collected and destroyed by the returning officer.

 

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


 

ITEM NO:      CFO 02

FILE NO:        241360.2016

SUBJECT:     Appointment of Councillors to committees and Affiliated Bodies

 

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.

 

 

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)

 

  1. 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)

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 

  1. 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:

aFloodplain Management Association

Clr Harle

bGeorges 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

dLiverpool 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.


 

ITEM NO:      CFO 03

FILE NO:        256961.2016

SUBJECT:     Office of Local Government Councillor Workshops

 

RECOMMENDATION

 

That the Councillor Support Officer coordinate the registration of Councillors interested in attending one of the Councillor Workshops.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Shelton              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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


 

ITEM NO:      CFO 04

FILE NO:        257413.2016

SUBJECT:     Terms of Reference - Liverpool Services Alliance Review Committee

 

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.

 

COUNCIL DECISION

 

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.

 


Clr Harle left the Chambers at 7.47pm.

 

Clr Hadid left the Chambers at 7.53pm.

 

ITEM NO:      CFO 05

FILE NO:        259610.2016

SUBJECT:     Review of the Civic Expenses and Facilities Policy after Public Exhibition

 

RECOMMENDATION

 

That Council:

 

  1. Receive and note this report;

 

  1. Adopt the Civic Expenses and Facilities Policy, as attached to this report; and

 

  1. 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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Hadchiti             Seconded: Clr Balloot

 

That Council:

 

  1. Receive and note this report.

 

  1. 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.”

 

  1. 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.

 

  1. 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.

 


Clr Harle returned to the Chambers at 7.54pm.

               

Clr Hadid returned to the Chambers at 7.54pm.

 

ITEM NO:      CFO 06

FILE NO:        259842.2016

SUBJECT:     Tabling of the Annual Pecuniary Interest Returns for Councillors and Designated Persons

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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


 

ITEM NO:      CFO 07

FILE NO:        262768.2016

SUBJECT:     Investment Report August 2016

 

RECOMMENDATION

 

That Council receives and notes this report.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Shelton              Seconded: Clr Harle

 

That the recommendation be adopted.

 

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


 

City Presentation Report

 

ITEM NO:      DCP 01

FILE NO:        262603.2016

SUBJECT:     Tree Management Policy - amended to incorporate the reporting procedures for clean-up after storm damage

 

NOTICE OF MOTION

 

That Council adopts the Tree Management Policy.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

That the recommendation be adopted.

 

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

 


Clr Shelton left the Chambers at 8.00pm.

 

Community and Culture Report

 

ITEM NO:      DCC 01

FILE NO:        226445.2016

SUBJECT:     Grants and Donations

 

RECOMMENDATION

 

That Council endorses the following recommendations:

 

1.       For the provision of $300 (GST exclusive) under Quick Response Grants (Youth)

 

Applicant Name

Project Name

Amount

Sandra Yazbeck

Turning Pointe Dance Co

$200

Sanaa Rana

Take A Stand

$100


2. For the provision of $19756.82 (GST exclusive) under Community Grants

 

Applicant Name

Project Name

Amount

Wheels "Towards Independence" Inc

Harmony In Design

$5,000

The Shepherd Centre - For Deaf Children

'Ready Set Go'

$5,000

The City of Liverpool and District Historical Society

Conservation Workshop

$770

Taste Cultural Food Tours Inc

Liverpool Tastes Great

$4,060

Salvation Army FYRST

Youthlink Drug and Alcohol Awareness Program

$4,926.82



COUNCIL DECISION

 

Motion                                   Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

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

 

 


Clr Shelton returned to the Chambers at 8.01pm.

 

Economic Development Report

 

ITEM NO:      DEE 01

FILE NO:        245267.2016

SUBJECT:     City Centre Activation Program

 

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.

 

COUNCIL DECISION

 

As there was no mover for the motion, the motion lapsed.

 


 

Planning and Growth Report

 

ITEM NO:      DPG 01

FILE NO:        241758.2016

SUBJECT:     Car parking rates for industrial development post-exhibition report

 

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.

 

COUNCIL DECISION

 

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

 


 

ITEM NO:      DPG 02

FILE NO:        254161.2016

SUBJECT:     Offer to enter into a Voluntary Planning Agreement - DA-582/2016 at 420 Macquarie Street, Liverpool

 

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.

 

 

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.

 


Mayor Waller reopened the Council meeting at 8.39pm.

 

Committee Reports

 

ITEM NO:      CTTE 01

FILE NO:        253120.2016

SUBJECT:     Casula Powerhouse Arts Centre Board Minutes from Meeting 18 August 2016

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Casula Powerhouse Arts Centre Meeting held on 18 August 2016.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Karnib                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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


 

ITEM NO:      CTTE 02

FILE NO:        253532.2016

SUBJECT:     Minutes of Liverpool Access Committee Meeting held on 11 August 2016

 

RECOMMENDATION

 

That Council receives and notes the minutes of the Liverpool Access Committee Meeting held on Thursday, 11 August 2016.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Karnib                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


 

ITEM NO:      CTTE 03

FILE NO:        255435.2016

SUBJECT:     Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee held on Thursday 1 September, 2016

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Karnib                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 


 

ITEM NO:      CTTE 04

FILE NO:        252107.2016

SUBJECT:     Minutes of the Environment Advisory Committee Meeting held on 8 August 2016

 

RECOMMENDATION

 

That Council receives and adopts the Minutes of the Environment Advisory Committee Meeting held on 8 August 2016.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Karnib                Seconded: Clr Balloot

 

That the recommendation be adopted.

 

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

 

 


 

Questions with Notice

 

ITEM NO:      QWN 01

FILE NO:        264251.2016

SUBJECT:     Question with Notice - Clr Harle

 

Please address the following:

 

  1. Does Council have a policy relating to Footpath/Nature Strip Mowing and if so is that currently being applied?

 

  1. 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.

 

 


 

ITEM NO:      CFO 08

FILE NO:        267309.2016

SUBJECT:     Annual Financial Reports 2015/16

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Harle                  Seconded: Clr Karnib 

 

That the recommendation be adopted.

 

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

 


 

ITEM NO:      CFO 09

FILE NO:        266078.2016

SUBJECT:     Additional voting delegates at the 2016 Local Government Conference

 

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).

 

COUNCIL DECISION

 

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.

 


Council In Closed Session

 

ITEM NO:      CONF 01

FILE NO:        247369.2016

SUBJECT:     Memorandum of Understanding - Commonwealth/RMS - Badgery's Creek Road Network

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Harle                  Seconded: Clr Karnib

 

That the recommendation be adopted.

 

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

 

 

 

 


 

ITEM NO:      CONF 02

FILE NO:        255364.2016

SUBJECT:     Report on Legal Advice - Audit of Prosperity Audit Services

 

RECOMMENDATION

 

That Council receive and note the report of staff concerning the legal advice obtained in relation to the audit of Prosperity Audit Services.

 

COUNCIL DECISION

 

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.

 

 


Clr Hadid returned to the Chambers at 8.44pm.

 

ITEM NO:      CONF 03

FILE NO:        256492.2016

SUBJECT:     ST2553 – Provision of Fire Testing Services and Associated Consultancy Services

 

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.

 

COUNCIL DECISION

 

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.

 


ITEM NO:      CONF 04

FILE NO:        258857.2016

SUBJECT:     Organisational Restructure of Council Operations

 

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.

 

COUNCIL DECISION

 

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.

 


ITEM NO:      CONF 05

FILE NO:        259204.2016

SUBJECT:     ST2555 – Streetscape Weed Control

 

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.

 

COUNCIL DECISION

 

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.

 

 


ITEM NO:      CONF 06

FILE NO:        260582.2016

SUBJECT:     Liverpool Civic Place - Project Update (1st Quarter 2016-17)

 

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.

 

COUNCIL DECISION

 

Motion                                   Moved: Clr Hadchiti             Seconded: Clr Harle

 

That the recommendation be adopted.

 

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


ITEM NO:      CONF 07

FILE NO:        259152.2016

SUBJECT:     Recruitment of Chief Executive Officer

 

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.

 

COUNCIL DECISION

 

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


 

ITEM NO:      CONF 08

FILE NO:        260944.2016

SUBJECT:     ST2528 - Provision of Security Services

 

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.

 

COUNCIL DECISION

                                         

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.


ITEM NO:      CONF 09

FILE NO:        259786.2016

SUBJECT:     Liverpool City Council Pound Facility

 

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.

 

COUNCIL DECISION

 

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.

 

ITEM NO:      CONF 02

FILE NO:        255364.2016

SUBJECT:     Report on Legal Advice - Audit of Prosperity Audit Services

 

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).

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

 


 

ITEM NO:      CONF 08

FILE NO:        260944.2016

SUBJECT:     ST2528 - Provision of Security Services

 

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

 

 


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.

 

 

 

 


 

 

 

 

 

 

 

 

MINUTES OF THE Extraordinary Meeting

HELD ON 26 October 2016

 

 

PRESENT:

Mayor Wendy Waller

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Mr Kiersten Fishburn, Acting Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Mr Raj Autar, Director Infrastructure and Environment

 

OPENING                              6.00pm

ACKNOWLEDGEMENT       The Acknowledgement of Country, Affirmation of Council and

OF COUNTRY,                      Prayer were read by Pastor John Keane from West Hoxton

AFFIRMATION OF                Community Church.

COUNCIL AND PRAYER    

 

Motion:                                   Moved: Clr Hadchiti             Seconded:Mayor Waller

APOLOGIES                          Clr Ayyad

 

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

 

CONDOLENCES               

 

Nil

Declarations of Interest

Nil

 

PUBLIC FORUM

 

Representation - items on the Agenda      

 

1.      Ms Caroline Karakatsanis, Director Financial Audit Services from the Audit Office NSW addressed Council on the following item:

 

CFO 01    Annual General Purpose Financial Statements 2015/16


 

Chief Financial Officer

 

ITEM NO:      CFO 01

FILE NO:        284231.2016

SUBJECT:     Annual General Purpose Financial Statements 2015/16

 

RECOMMENDATION

 

That Council:

 

1.   Receives and endorses the 2015/16 audited financial reports;

 

2.   Authorises the Mayor, Deputy Mayor, Acting Chief Executive Officer and the Responsible Accounting Officer (CFO) to sign the prescribed statement that will form part of the financial reports;

 

3.   Forward a copy of the financial reports together with the auditor’s report to the Office of Local Government in accordance with Section 417(5) of the Local Government Act 1993.

 

4.   Authorises the Acting Chief Executive Officer to issue a public notice containing a summary of financial results and put the financial statements on exhibition for 7 days to seek public submissions; and

 

5.   Note that the financial statements and a summary of public submissions received will be presented to Council at its next meeting for consideration and adoption.

 

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

 

 


 

 

THE MEETING CLOSED AT 6.22pm

 

 

 

<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  26 October 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

 

 

 

 


 

 NOM 01

Drug and Alcohol Testing

 

Strategic Direction

Leading Proactive Council

Provide business excellence and financial sustainability to deliver services that meet community expectations

Key Policy

Workforce Management Plan

File Ref

301470.2016

Author

Gus Balloot - Councillor

 

 

Background

 

Drugs are a scourge on society and have a detrimental effect on people's health and performance on their work.

 

All council workers and elected officials including us councillors have a responsibility and burden to ensure that services provided and decisions are made in the right frame of mind.

 

Drugs are a major factor in clouding people's judgement and ability to perform at an optimal level, thereby putting the community’s safety and wellbeing at risk.

 

 

NOTICE OF MOTION

 

That:

 

1.   The Mayor and Councillors be required to undertake mandatory drug and alcohol testing.

 

2.   The Acting CEO report back to Council on the benefits and drawbacks of implementing mandatory drug and alcohol testing for all council staff.

 

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

Management can develop a procedure for mandatory drug and alcohol testing of Councillors. This would need to be crystallised in the Code of Conduct or an adopted policy to be actionable.

 

A report will be provided for the 22 February 2016 Council Meeting on the benefits and drawbacks of implementing mandatory drug and alcohol testing for all council staff.

 

 

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

Provide information about Council’s services, roles and decision making processes.

Deliver services that are customer focused.

Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil


 

NOM 02

Commitment to Multiculturalism

 

Strategic Direction

Healthy Inclusive  City

Celebrate and respect Liverpool’s rich cultural and social diversity and embrace the opportunities it provides

Key Policy

Multicultural Action Plan

File Ref

301473.2016

Author

Nathan Hagarty - Councillor

 

 

Background

 

Liverpool's diverse population is one of its greatest strengths.

 

In light of recent developments both here and abroad, in particular proposed changes to federal immigration policy and the election of Donald Trump in the United States, it is vitally important Liverpool Council reaffirms its strong support of and commitment to multiculturalism. It is equally important Council acknowledge the contribution of migrants, refugees and the indigenous community to this city.

 

Multiculturalism has been a positive force for good in Australia and Liverpool has long been a leading example of that. This very council is a reflection of the strong contribution cultural diversity and multiculturalism makes to the community.

 

NOTICE OF MOTION

 

That Council:

 

1.   Reaffirms its commitment to multiculturalism.

 

2.   Acknowledges the positive contribution that migrants, refugees and the indigenous community have made to this city and this nation.

 

CHIEF EXECUTIVE OFFICER’S COMMENT

 

1.   Council reaffirms its commitment to multiculturalism


Liverpool City Council acknowledges the original inhabitants of the Liverpool LGA as the Darug, Gandangara and Tharawal Aboriginal People. Council recognises the devastating impact of European invasion and the effects of forced assimilation via the removal and separation of Aboriginal people from their families and communities.

 

Liverpool Council values cultural diversity and is committed to working in partnership with the local Aboriginal and Torres Strait Islander community. It is important that Aboriginal culture is acknowledged at all levels of government to show respect for, and build strong equal partnerships with Aboriginal peoples and communities.

 

Council strongly commits itself towards the principles of social justice. Council’s Multicultural Strategy addresses fundamental ‘access and equity’ issues that are underpinned by social justice principles adopted at National, State and Local Government levels. Liverpool Council has an important role to play in the development of a socially just, healthy, inclusive and sustainable community where all members, irrespective of their ability, social, ethnic or economic background, can fully and fairly participate in community life.  Under the umbrella of the Multicultural Strategy, a three-year Action Plan gives effect to practical programs and projects that promote multiculturalism and social cohesion.

 

2.   Council acknowledges the positive contribution that migrants, refugees and the indigenous community have made to this city and this nation.

 

Liverpool Council asserted its standing as a proud Refugee Welcome Zone in 2004. Council continues to promote social inclusion and community harmony initiatives across all diverse communities and celebrates and promotes positive achievements of all communities including those from an aboriginal, migrant or refugee background. 

 

Council supports and welcomes the additional refugee intake as announced by the Australian Government on the 9 September 2015; that it would accept an additional 12,000 humanitarian places for people displaced by the conflict in Syria and Iraq. Though it is not a large number for Australia, it does have a potential impact in relation to service provision, access and delivery when it is expected the majority of arrivals will be placed in Liverpool and Fairfield LGAs over the next few months.

 

To respond to the need, Council acknowledges that additional support is required to resettle communities with ease. Council has committed to $100,000 over two years to support settlement and support initiatives across the LGA. Council has also developed a Localised Action Plan that aims to address gaps in service provision and support a collaborative approach to working with our new residents of Liverpool under the key areas of: Health and Wellbeing, Employment and Education, Social Inclusion and Community Engagement.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

There are no environmental and sustainability considerations.

Social and Cultural

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.

Facilitate the development of community leaders.

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.

 

 

ATTACHMENTS

 

Nil


 

NOM 03

Cooling the Street - Western Sydney

 

Strategic Direction

Natural Sustainable City

Reduce adverse environment impacts for present and future generations

Key Policy

Environment Restoration Plan

File Ref

302891.2016

Author

Geoff Shelton - Councillor

 

 

Background

 

A number of western Sydney Councils, including Blacktown, Parramatta and Canterbury-Bankstown, either directly or through regional organisations including Local Health Districts have sought 'Building Resilience to Climate Change' funding for an urban greening project called 'Cooling the Street - Western Sydney'. 'Cool Streets'  aims to assist Councils with choosing the correct green cover to mitigate growing concentrations of urban heat and has a strong focus on council staff and community education. To date the participation of Liverpool City Council in this project, which commenced as mentioned with a (sometimes collective) application for funding, is unclear. With growing community awareness of proposals to substantially increase residential density, either by way of amendment to planning instruments including the LEP/DCP or/and the evolution of various master plans within the Liverpool LGA projects of the nature described deserve full consideration, especially also given neighbouring councils have been supporting as much.  More broadly, and as an example of potential support for such programs the 'Building Resistance to Climate Change' grants have progressed to at least three rounds and the program is a partnership between Local Government New South Wales and the Office of Environment and Heritage. Given the community  interest in the densification of urban development in many areas of the Liverpool Council LGA it is suggested Council should express its interest in and where possible participate in such projects.           

 

 

NOTICE OF MOTION

 

That Council:

 

1.   Investigates whether it is possible, formally or informally, to participate in the 'Cool Streets' project (or other projects with similar objectives,

 

2.   Writes to WSROC expressing its interest in this and future projects/applications for funding of a similar nature, and

3.   Where as much is not already programmed to happen in any event reports to councillors as to possible future applications, individual or joint, for 'Building Resistance to Climate Change' funding and more generally participation in future programs of a similar nature as they become available.

 

CONSIDERATIONS

 

Economic and Financial

There are no economic and financial considerations.

Environmental and Sustainability

Minimise household and commercial waste.

Manage the environmental health of waterways.

Manage air, water, noise and chemical pollution.

Enhance the environmental performance of buildings and homes.

Protect, enhance and maintain areas of endangered ecological communities and high quality bushland as part of an attractive mix of land uses.

Raise community awareness and support action in relation to environmental issues.

Social and Cultural

There are no social and cultural considerations.

Civic Leadership and Governance

Act as an environmental leader in the community.

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.

 

 

ATTACHMENTS

 

Nil   


 

IHAP 01

DA-1059/2015 - Fitout and use of Unit 3 as a Sex Services Premises at 3/5 Weld Street, Prestons

 

Strategic Direction

Liveable Safe City

Deliver an efficient planning system which embraces sustainable urban renewal and development

Key Policy

Urban Development Plans

File Ref

288322.2016

Report By

Brad Harris - Senior Development Planner 

Approved By

Toni Averay - Director Planning & Growth

 

Property

3/5 Weld Street Prestons Lot 3 SP 64023

Owner

Mr I Gavrilidis

Applicant

Dong Win Pty Ltd

 

 

Executive Summary

 

Council has received and considered a Development Application DA-1059/2015 proposing the fit out and use of an existing industrial unit as a Sex Services Premises at Unit 3, No.5 Weld Street, Prestons. The application was lodged on 30 October 2015.

 

This application was considered by the Independent Hearing and Assessment Panel (IHAP) at its meeting on 26 September 2016 as more than 5 submissions were received in respect of the proposal. 

 

The IHAP Panel made the following comments in relation to the proposal:

 

“The panel is aware that there is a development consent for a place of public worship at 1/93 Jedda Road Prestons (DA1640/2006) that is still in force. The site of this consent is within 150 metres of the development site. The existence of this consent was overlooked by the applicant’s social planner, probably because the unit is currently being used as an electrical wholesale premises.

 

The existence of this consent is a relevant matter for consideration in the assessment of this development application, practically because it is within the 150 metre separation distance under the DCP.

 

The panel recommends determination be deferred to enable Council officers to request the applicant to provide a supplementary social impact statement addressing the existence of this consent and justify non-compliance with the DCP.

 

The owner’s corporation has indicated that it can provide council with additional information concerning potential economic and social impact on the strata property as a result of approval of the sex services premise. This information should also be provided and assessed by Council officers.”

 

The IHAP recommendation was as follows:

 

That Development Application DA-1059/2015 be deferred pending submission of a supplementary Social Impact Statement (SIS) addressing the existence of development consent DA-1640/2006 for a place of public worship at 1/93 Jedda Road Prestons (see Attachment 1).

 

The applicant submitted the additional information requested by IHAP and this information has been assessed by Council officers. The recommendation contained within the Council Officer’s IHAP report (Attachment 3) to approve the application subject to recommended conditions of consent remains unaltered.

 

RECOMMENDATION

 

It is recommended that Council approve Development Application DA-1059/2015 subject to the recommended conditions of consent (Attachment 2).

 

 

Background

 

Council has received and considered a development application DA-1059/2015 proposing Fit Out and Use of Unit as a Sex Services Premises at Unit 3, No.5 Weld Street, Prestons.

 

Pursuant to the requirements of the endorsed Independent Hearing and Assessment Panel (IHAP) Charter and Procedure, the proposal was referred to the IHAP for consideration as the proposed development received more than 5 objections.

 

The Site

 

The site is identified as Lot 3 in SP 64023 and is located at 5 Weld Street, Prestons.  The site is a regular shaped allotment located on the eastern side of Weld Street. The total site area is 2,121sqm.

 

The subject site contains a factory unit complex consisting of 7 factory units and associated car parking. The subject unit 3 is located centrally within the complex approximately 28m from the front boundary.

 

The site is situated within the Prestons industrial area and the immediate locality includes a variety of industrial uses within factory unit complexes and purpose built factory buildings.

 

The site is identified in the following Figure 1.

Subject Site 

Figure 1: Aerial image of the subject site.

 

details of the proposal

 

The application seeks consent for the fit out and use of an existing industrial unit for the purposes of a sex services premises. It is proposed to occupy the ground floor of the premises only.

 

During the assessment of the application it became evident that unauthorised works had been undertaken to extend the approved mezzanine floor. Although the development application, as originally submitted, did not seek approval to use any of the first floor area (other than storage), concerns were raised of a potential for the proposed use to expand into the mezzanine floor thus intensifying the use and affecting car parking requirements. To prevent this, the applicant was advised that the unauthorised floor space would need to be removed or other modifications made to prevent access to the unauthorised floor space. In response, the applicant submitted amended plans that included the removal of a portion of the upper level floor and closing off the door which currently accesses this area.

 

As the unauthorised floor space cannot be retrospectively approved, an application for  a Building Certificate, supported by a BCA report and Engineering Certificate has been submitted to Council to legitimise that part of the unauthorised mezzanine extension that  will remain and will form the ceiling to the ground floor sex services premises.

 

Council’s Building Department has advised that this application needs to be modified to change its description from “mezzanine floor” to “false ceiling” as it will not be useable as floor space. Further amendments will also need to be made to address the increased area of the mezzanine floor to be removed as detailed in the Council Officer’s IHAP report. It is appropriate to note that the Building Certificate will not be determined until such time as a development consent is granted for the proposed ground floor use.

 

The application proposes two working rooms with two sex workers and a receptionist/manager being on the site at any one time. An entry foyer and waiting room are also proposed.

 

Both working rooms contain a shower, with Room 1 having disabled bathroom facilities. Two additional toilets are available for use by staff and clients. A waiting room is accessed from the entry foyer through an area designated as a laundry/kitchen.

 

The proposed hours of operation are 9.00am to Midnight 7 days per week.

 

The applicant states that the only signage would consist of the address of the premises to enable it to be identified by clients, however no details of signage has been provided and this would need to be addressed by a separate development application.

 

Two designated carp parking spaces are available for the unit. The Strata Plan shows 14 designated car parking spaces for the overall site (2 per unit), however there are areas of common property not designated as visitor parking but which are used for car parking as demonstrated by aerial photographs. Part of this common property may have been intended as truck turning areas, however, in practical terms there appears to be up to 8 car parking spaces (3 in front of the building and 5 located centrally along the southern boundary) available as visitor parking.

 

An extract of the proposed floor plans is provided in Figure 2 below. 

 

Figure 2: Proposed Floor Plan.

 

Note: Amendments shown in red are proposed to be included as a condition of consent, requiring the removal of a portion of the unauthorised mezzanine floor.

 

the issues

 

The key issue identified with the proposal relates to the perceived social and economic impacts of establishing a sex services premises in an existing industrial unit complex.

 

The objections raised to the proposed use, by property owners within the strata complex and from other nearby uses such as the Liverpool Catholic Club, primarily relate to issues such as the perceived social impacts and ‘stigma’ associated with operation of a sex services premises.

 

It should be noted that sex services premises are a permitted form of development within industrial zones. To address potential impacts, they are subject to a control within the Liverpool Development Control Plan 2008 restricting them to locations at least 150m from sensitive land uses such as residential land, places of worship, schools, community facilities, child care centres, hospitals, rail stations, bus stops, taxi stands, licensed premises, or any place regularly frequented by children for recreational or cultural pursuits.

The Council officers IHAP report (Attachment 3) outlines the relationship between the subject site and sensitive land uses within proximity of the site. The report also outlines the Social Impact Statement (SIS) prepared by the applicant’s Social Planner and confirms that Council’s Community Planning Policy Officer is supportive of the application.  

 

Further information has been received from the applicant in response to the recommendation of IHAP. This includes an addendum to the SIS and documentation verifying that insurance premiums for the subject development would not increase as a consequence of any approval issued for the operation of a sex services premises within the strata development. This additional information has been assessed by Council officers and the recommendation contained within the Council Officer’s IHAP report remains unaltered.

 

Independent Hearing and assessment panel

 

At their meeting on 26 September 2016, IHAP recommended that DA-1059/2016 for use of an existing industrial unit as a Sex Services Premises at Unit 3, No.5 Weld Street Prestons be deferred to allow submission of a supplementary SIS addressing the existing development consent DA-1640/2006 for a place of public worship at 1/93 Jedda Road Prestons.

 

post Ihap meeting considerations

 

Following the IHAP meeting, the applicant was requested to submit a supplementary SIS and the Owner’s Corporation were requested to submit any additional information that might support their claim that the proposed use, if approved, would have an adverse social and/or economic impact.

 

On 13 October 2016, the applicant submitted additional information in the form of a supplementary Social Impact Statement (SIS) (Attachment 4) from a qualified social planner addressing the existence of an approved use of 1/93 Jedda Road Prestons for a place of public worship (DA1640/2006). It has been confirmed that the church ceased use of the premises in 2012 and has since moved to a larger premises in Hoxton Park. The subject premises is currently used by an electrical wholesaling business. The owner of the unit has provided confirmation that he would agree to the approval for the consent to be revoked if necessary.

 

The supplementary SIS has been reviewed by Council’s Community Planning Policy Officer who has advised that it is satisfactory as it confirms that the use is currently not operating and in the unlikely event that the use was to recommence it would not be adversely impacted on by the proposed sex services premises.

 

Also provided by the applicant was a copy of the Invitation to Renew from the current insurer which indicates only a modest increase in premiums (in line with inflation) and a quote from another insurer which is less than the current premium. (Attachment 5)

 

On 21 October 2016 the Owner’s Corporation’s managing agent provided a letter from a   property valuer which provided preliminary advice in relation to the likely impact on property values (Attachment 6). Additional time was requested in which to provide more detailed information in support of claims made at the IHAP meeting that insurance premiums would rise if the use of Unit 3 was approved as a sex services premises. An extension was granted until 28 October 2016, however no further information was received by that date.

 

Any claims by objectors in relation property values and consequential impacts on insurance premiums, are not relevant considerations under s.79C of the Environmental Planning and Assessment Act, 1979.

 

Also included in the managing agents submission dated 21 October were further objections to the proposal. These included separate letters from five businesses and a petition with 18 signatories. These objections are included in the confidential attachment booklet. These objections do not raise matters additional to those previously addressed in the Council Officer’s IHAP report (Attachment 3) and considered by IHAP.

 

It is considered that the matters raised are not of sufficient weight to warrant refusal of the subject Development Application and do not change the recommendation contained within the Council Officer’s IHAP report.

 

Consultation

 

The development application has been assessed in accordance with statutory requirements and internal Council departments have been consulted during the assessment of the application. The outcome of this consultation is outlined in the Council Officer’s IHAP report.

 

Conclusion

 

The application has been assessed against the relevant considerations prescribed by Section 79C of the Environmental Planning and Assessment Act 1979 and is considered worthy of support. Although additional submissions have been received in objection to the proposal, the claim made by the strata manager that the proposal would have an economic impact in terms of increased insurance premiums has not been substantiated. Further, the supplementary SIS confirms that the operation of the sex services premises would not have any significant impacts on the locality. On this basis, the application is recommended for approval, as outlined in the Council Officers IHAP report, subject to recommended conditions of consent outlined in Attachment 2 of this report.

 

 

 

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

There are no civic leadership and governance considerations

 

 

ATTACHMENTS

 

1.         IHAP RecommendationView (Under separate cover)

2.         Recommended Conditions of ConsentView (Under separate cover)

3.         Council Officer's IHAP ReportView (Under separate cover)

4.         Supplementary Social Impact Statement  View (Under separate cover)

5.         Additional Information provided by applicant following IHAP meeting View (Under separate cover)

6.         Property Valuation provided by Strata ManagerView (Under separate cover)

7.         Applicant and Land Owner Details View (Under separate cover)

8.         Additional Objections following IHAP meeting  (Under separate cover)View - Confidential    


 

DBI 01

Draft Strategic Panel Charter

 

Strategic Direction

Leading Proactive Council

Lead partnerships and collaboration with community, business and governments

Key Policy

Long-Term Financial Plan

File Ref

292968.2016

Report By

Alana Marshall - Senior Corporate Planner

Approved By

Hiba Soueid - Acting Director Business Improvement

 

 

Executive Summary

 

At its meeting on 12 October 2016, Council resolved to:

 

“Create a new Strategic Panel with the Mayor or Delegate to be the Chair and all Councillors to be members and the Panel to meet quarterly”.

 

The Strategic Panel will allow Council to achieve its long-term objectives by implementing an integrated and coordinated approach to the delivery of strategic projects and initiatives which benefit the city of Liverpool.

 

At its meeting, Council also resolved to incorporate the functions of the Building Our New City Committee, The Economic Development and Events Committee, The No Intermodal Committee and The Street Naming Committee into the new Strategic Panel and develop a draft Charter to emulate the operations of the Panel. The draft Charter has been attached to this report and provides information on the purpose, functions and outcomes of the Panel.

 

In consulting with the relevant staff members responsible for convening the above committees, it was found that whereas the Building Our New City, Economic Development and Events and No Intermodal Committees had a long-term strategic focus, the Street Naming Committee was involved in determining suitable names for Council assets, including streets, parks, facilities and other geographical features within the Liverpool Local Government Area. As this is a key operational function of Council, the process will be significantly slowed down through a quarterly meeting and impact adversely on the time taken to approve and determine place names.

 

Consequently, it is recommended that the ‘street naming’ function be removed from the Strategic Panel with the street names determined through Council’s established processes being reported at Council meetings.

 

It is also recommended that the attached Charter be adopted with the first meeting of the Strategic Panel being held on Wednesday 30 November 2016 from 6.00pm in the Blue Gum Room, Level 5 Moore St Liverpool.

 

 

RECOMMENDATION

 

That Council:

 

1.    Approves and adopts the Strategic Panel Charter.

 

2.    Notes that the first Strategic Panel meeting will be held on Wednesday 30 November.

 

3.    Removes the street naming function from the Panel, and allows that function to report at Council meetings.

 

4.    That a further report be provided to the December meeting on the Policy and Procedures for determining street names.

 

REPORT

 

Strategic Panel

 

This Panel has been established to provide relevant advice and recommendations to Council relating to:

 

a)      The long-term strategic direction of Liverpool city, particularly in the areas of economic and social development as articulated in Liverpool’s Community Strategic Plan;

b)      The development and delivery of a range of city centre revitalisation initiatives, projects and events;

c)      Development which impacts Liverpool city, including the proposed intermodal at Moorebank and airport/aerotropolis.

 

The key functions and activities of the Building Our New City, Economic Development and Events and No Intermodal Committees will be incorporated into the Strategic Panel.

 

The Panel will assist Council to achieve an integrated and coordinated approach to the delivery of strategic projects and initiatives which allow Council to achieve its long-term objectives, in-turn improving its social and economic profile.

 

As the Panel will be responsible for acting in an advisory capacity to Council regarding all high level strategy, recommendations from local precinct forums will be reviewed by the Strategic Panel to ensure they are in line with Council’s long-term strategic direction.

 

A draft Charter for the Strategic Panel has been attached to this report.

 

Street Naming Committee

 

Whereas the Strategic Panel is focused on assisting Council to achieve its long-term objectives, the Street Naming Committee has a key operational function which would be significantly slowed down if it was to be incorporated into a quarterly meeting. This includes:

 

·    Currently there are more than 700 potential streets requiring new names, the majority of these are within the growth areas of Austral and Edmondson Park.

·    There are currently more than 30 Pre-Lodgement applications and 15 Development Applications in Austral.

·    The external processes required to authorise a street name take approximately 3 months to complete, as such incorporating the street naming function into the Strategic Panel could potentially double the time required to approve a street name.

·    Considering the large number of streets that will require naming, a time efficient process will be needed in order to keep up with the demand. This will not be achieved if the street naming function sits with a Committee that meets every quarter.

 

Consequently it is recommended that the street naming function be removed from the Strategic Panel with a Policy and Procedures for determining street names to be tabled for adoption at the December Council meeting.

 

CONSIDERATIONS

 

Economic and Financial

Further develop a commercial center that accommodates a variety of employment opportunities.

Facilitate economic development.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

The Strategic Panel will allow a coordinated and integrated approach to addressing key community issues.

 

 

ATTACHMENTS

 

1.         Draft Charter - Strategic Panel


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CFO 01

Revocation of Media Representation Policy

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good governance

File Ref

270501.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

A recent amendment to section 226 (the role of the Mayor) of the Local Government Act 1993 (the Act) states that the Mayor is to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities”.

 

Given this change to the Act, it is considered that Council’s Media Representation Policy is now superfluous and, therefore, it should be revoked by Council. It is noted that operational matters, set out in the policy, could be dealt with, on an interim basis, by the Acting CEO by way of a memorandum to members of Council staff, until a new CEO is appointed by Council. The new CEO could then decide whether or not an operational policy or procedure is required in relation to the handling of media inquiries and the use of media by members of Council staff.

 

It is recommended that this report be received and noted and that the Media Representation Policy be revoked by Council.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

2.    Revoke the Media Representation Policy, attached to this report;

 

3.    In future, in place of the previous traditional Mayoral portrait, a group photo of all Councillors, including the Mayor, be displayed in the foyer of the Council Chambers in recognition of their contribution during their term of office.

 

 

 

REPORT

 

Council’s Media Representation Policy was initially adopted by Council on 23 May 2011 and last amended on 29 June 2016. The Local Government Amendment (Governance and Planning) Act 2016 recently amended the Act. One of the amendments that was proclaimed and published in the Government Gazette of 23 September 2016 pertained to section 226 of the Act (the role of the Mayor as spokesperson of Council):

 

226 Role of mayor

“The role of the mayor is as follows:

 

(c) to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities

 

As a result of the above change to the Act, it is considered that Council’s Media Representation Policy is now superfluous and, therefore, it should be revoked by Council.

 

Clauses 4.7- 4.13 and 4.18 - 4.19 of the current policy relate to direction of Council staff which is a function within the role of the CEO (general manager), as set out in section 335(i) of the Act. It is considered that the content of these clauses of the current policy could be better dealt with, on an interim basis, though a memorandum by the Acting CEO to members of Council staff, until a new CEO is appointed by Council. The new CEO could then decide whether or not an operational policy or procedure is required in relation to the handling of media inquiries and the use of media by members of Council staff.

 

Clause 4.20 of the policy (concerning photos of Councillors for placement in the Council Chambers) was inserted in the policy by way of a Council resolution on 29 June 2016. It is recommended that this new practice, set out in the policy, be retained by means of a separate recommendation 3 to this report.

 

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

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Media Representation Policy


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CFO 02

Further Review of the Civic Expenses and Facilities Policy

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

277515.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

At its meeting on 12 October 2016, Council adopted its Civic Expenses and Facilities Policy (the Policy), subject to two amendments, one of which required that clause 4.10.4 (relating to the payment by Councillors of their own costs for oversea flights associated with Council business) be removed and replaced “with a clause that emulates the State Government Policy on interstate and international travel”.

 

The NSW Government recently reviewed its NSW Government Travel and Transport Policy, a copy of which is attached to this report. In accordance with the recent Council resolution, a new clause 4.9.2 has been drafted and inserted into the Policy to reflect the provisions of clause 2.3.6 of the State policy.

 

Recent amendments to section 252 of the Local Government Act 1993 (the Act) have come into force, providing that an expenses and facilities policy must be adopted by a council within 12 months of the term of a new council and that policy amendments no longer need to be specifically notified to the Office of Local Government. The Policy has also been amended to reflect these particular legislative changes.

 

It is recommended that Council receive and note this report, adopt the Policy attached to this report and receive a further report regarding the receipt of any public submissions relating to clause 4.9.2 of the policy at its first meeting in 2017.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

 

 

2.    Adopt the Civic Expenses and Facilities Policy, as attached to this report, apart from the provisions of clause 4.9.2 of the Policy which requires public notice and a period of 28 days for the making of public submissions; and

 

3.    Receive a further report about the receipt of any public submissions in respect of clause 4.9.2 of the Policy at the first meeting of Council in 2017.

 

 

REPORT

 

At its meeting on 12 October 2016, in regard to the Civic Expenses and Facilities Policy (the Policy) Council resolved (in part) to:

 

“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.”

 

The NSW Government recently reviewed its NSW Government Travel and Transport Policy, a copy of which is attached to this report. Clause 2.3.6 of The NSW Policy states that economy class travel should be used for all official travel within Australia and overseas with only limited exceptions, one being “chairpersons of NSW Government boards and committees may fly premium economy or business class to Western Australia, the Northern Territory and overseas”. The role of Mayor is equivalent to a “chairpersons of NSW Government board”. The NSW Policy further states:

 

“For all official travel, the lowest logical fare of the day must be used for all domestic flights. This is the cheapest fare available that meets the traveller's logistical needs.”

 

Clause 4.9.2 of Council’s Policy has now been amended to reflect the provisions of the NSW Policy relating to air travel. It is considered that the new clause 4.9.2 of the Policy is a “substantial” amendment to the Policy and thus Council is required to give public notice of its intention to amend the policy in accordance with section 253(1) of the Act:

 

“A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.”

 

Amendments to the Act which came into force on 26 September 2016 provide that:

 

1.   A council must adopt a policy concerning the payment of expenses and provision of facilities for its mayor and councillors within the first 12 months of each term of a council (section 252(1)); and

2.   Reporting requirement to the Office of Local Government have been repealed.

 

 

 

As a result of the above amendments to the Act, corresponding changes have been made to clauses 2.1.3, 2.1.4, 2.1.7, 4.1.1 and 4.1.2 of the Policy. Changes in allowances for the Mayor and Councillors, as a result of the annual determination of these allowances by the Local Government Remuneration Tribunal, will mean that clause 4.1 of the Policy no longer needs to be updated on annual basis by Council and that any annual increase in such allowances can be paid on 1 July each year in line with the terms of the annual determination made by the Tribunal. As a result, unless Council adopts changes to other clauses of the Policy, the Policy can remain in operation until after the next Council election.

 

The changes to the Policy, required as a result of recent legislative changes are not considered “substantial” amendments and can be adopted by Council without public notice being given.

 

All proposed changes to the attached draft Policy are highlighted in red type font.

 

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

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         NSW Government Travel and Transport Policy 28 September 2016View (Under separate cover)

2.         Draft Civic Expense and Facilities Policy


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CFO 03

Recent amendments to the Local Government Act 1993

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good governance

File Ref

270931.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

This report provides details of how the recently-enacted Local Government Amendment (Governance and Planning) Act 2016 has made substantial changes to the Local Government Act 1993 (the Act).

 

It is recommended that this report be received and noted.

 

RECOMMENDATION

 

That Council receive and note this report.

 

REPORT

 

The NSW Parliament recently passed the Local Government Amendment (Governance and Planning) Act 2016 which made substantial changes to the Local Government Act 1993 (the Act). Most Phase 1 amendments have now been proclaimed. Phase 1 changes focus on improving council governance and strategic planning. Phase 2 amendments will come into force in coming months. This report provides details of major changes to the Act.

 

Phase 1 amendments now in force and relevant to the good governance of Liverpool City Council include:

 

1.   New purposes and principles for local government (sections 8A – 8C);

2.   New roles and responsibilities for mayors (section 226), councillors (section 232) and governing bodies (section 223);

3.   A deputy mayor may be elected for the mayoral term or shorter term (section 231);

4.   Councillors must take an oath of office or affirmation before the  first meeting after a councillor is elected (section 233A);

 

5.   Expenses and facilities policies must be adopted by a council within 12 months of the term of a new council, instead of annually (section 252);

6.   Amendments to the expenses and facilities policy are no longer required to be specifically notified to the Office of Local Government (section 253);

7.   Clarification of the role of council administrators (sections 255-259);

8.   Any casual vacancies occurring in the office of a councillor following the 2016 ordinary elections must be filled at a by-election held in accordance with section 291;

9.   The organisational structure of a council is to be determined (under section 332) by:

a)   The governing body of the council, in consultation with the general manager, for senior staff positions; and

b)   The general manager, for the remaining positions in the organisation structure;

10. New functions of general managers (section 335);

11. An extension to the delegation power of a council to include the acceptance of tenders by the general manager for services, where those services are not currently provided by council staff (section 377);

12. The Auditor-General is appointed as the auditor of all councils and can have access to or require production of records of Council and Councillors (section 422-426).

 

The attachment to this report sets out recently-amended and new sections of the Act which may be of particular relevance to Councillors. The full version of the Act in force is available on the website of the NSW Parliamentary Counsel’s Office, www.legislation.nsw.gov.au.

 

Phase 2 changes coming into force during the next few months include the following:

 

1.   Regulations prescribing a model code of meeting practice  for council and committee meetings and the adoption of the model code by a council (sections 360 and 362);

2.   The power of the Minister to allow Councillors with pecuniary interests to participate and vote in Council meetings in limited circumstances;

3.   Councils  must prepare the following plans and strategies:

a)   A community engagement strategy providing for engagement with the local community when developing plans, policies and programs and determining council’s activities;

b)   A resourcing strategy for the provision of the resources required to perform a council’s functions;

c)   A delivery program detailing the principal activities to be undertaken by the council to permit its functions within the resources available under the resourcing strategy;

d)   An operational plan detailing the activities to be engaged in by the council during the year as part of the delivery program covering that year;

4.   New regulations will provide for mandatory guidelines for integrated planning and reporting  (section 406);

5.   Every council must have an audit risk and improvement committee to review their operations, including compliance, risk management and implementation of the strategic plan, delivery program and strategies (section 428A);

6.   The Minister is empowered to appoint a temporary adviser (section 438G) or a financial controller to a council (sections 438HB and HC);

7.   The content to be included in the Model Code of Conduct has been expanded (section 440AA);

8.   A defence to a finding that a person has engaged in misconduct is that a person does not breach a provision of a code of conduct that requires the disclosure of a pecuniary interest if the person did not know and could not reasonably be expected to have known that the matter under consideration at a meeting was a matter in which the person had a pecuniary interest (section 440F).

 

Council and members of the public will be provided with further reports on the Phase 2 changes to the Act as soon as possible after their proclamation.

 

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

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Schedule of Relevant Amendments to the Local Government Act 1993 (for Councillor Use)View  


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CFO 04

Minor Amendments to the Code of Meeting Practice

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

276473.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

At its meeting on 12 October 2016, clause 6 of the adopted Council Resolution in regard to NOM 01 (No “Ice” Room) required that a report be brought back to Council to amend the Code of Meeting Practice (the Code) so that all Councillor initiated Notice of Motions are to be dealt with in future as the final item of business on the Council meeting agenda.

 

In addition, Council adopted its Aboriginal Cultural Protocols (the Protocols) at its meeting on 31 August 2016. It is considered that, in accordance with the Protocols, an Acknowledgement of Country could be introduced in conjunction with the Prayer for Council, in the Order of Business at Council meetings.

 

It is considered that the proposed amendments to the Code are not substantial and do require public exhibition. Accordingly, it is recommended that this report be received and noted and that the proposed minor amendments to the Order of Business in the Code be adopted by Council.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

2.    Adopt the minor amendments to clause 20 of the Code of Meeting Practice, as attached to this report.

 

REPORT

 

At its meeting on 12 October 2016, clause 6 of the adopted Council Resolution for NOM 01 (No “Ice” Room) stated:

 

“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.”

 

Amendments to the Code are dealt with in sections 360-364 of the Local Government Act 1993 (the Act). Section 363 of the Act requires that the Code be amended as prescribed by section 363 of the Act. Normally, amendments to the Code require public exhibition. However, section 363(2) of the Act states:

 

“If the council decides to amend its draft code, it may publicly exhibit the amended draft in accordance with this Division or, if the council is of the opinion that the amendments are not substantial, it may adopt the amended draft code without public exhibition as its code of meeting practice.”

 

Clause 20 of the Code has been amended to reflect the Council resolution of 12 October 2016.

 

It should be noted that clause 239(2) of the Local Government (General) Regulation 2005 permits a council to alter its order of business if a motion to that effect is passed, even if the motion is moved without notice.

 

Council adopted its Aboriginal Cultural Protocols at its meeting on 31 August 2016. The Protocols state at page 10:

 

“An ‘Acknowledgement of Country’ is where other people acknowledge and show respect for the traditional custodians of the land on which an event is taking place. It is sign of respect. Council encourages the practice of Acknowledgement of Country at events including conferences, seminars, workshops, formal meetings and gatherings, including team meetings, forums, community and civic events.”

 

In line with the practice of most other councils within Metropolitan Sydney, it is considered that an Acknowledgment of Country could be introduced into the Order of Business and delivered in conjunction with the Prayer for Council. (It should be noted that an Acknowledgement of Country is different from a Welcome to Country which is a formal welcome onto Aboriginal Land given by an elder or person of that land.)

 

With the preceding paragraphs of this report in mind, it is considered that the proposed amendments to clause 20 of the attached draft Code are “not substantial”, that they do not require public exhibition and that they can be adopted by Council with immediate effect.

 

For the information of Council, further changes to the Act, which will come into force in the near future, will require all councils to adopt the provisions of a Model Code of Meeting Practice. A report will be prepared for Council on this matter, as soon as further information is available from the Office of Local Government.

 

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

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Draft Code of Meeeting Practice (with minor amendments)View (Under separate cover)  


 

CFO 05

Review of Delegations

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

280122.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

Section 380 of the Local Government Act 1993 (the Act) requires that a council review all of its delegations during the first 12 months of each term of office.

 

Section 377 of the Act provides that a council may, by resolution, delegate to its general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than those listed in section 377(2) of the Act.

 

Section 380 of the Act allows a general manager to sub-delegate any function delegated to the general manager to any person or body, including an employee of the council.

 

Council’s Chief Executive Officer (the CEO) exercises the functions, role and delegations of “general manager” under the Act.

 

This report deals with recommended delegations to the CEO by Council.

 

It is recommended that Council adopt this report, as set out in the specific clauses of the recommendation below.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

2.    Note that the Chief Executive Officer exercises the functions, role and delegations of “general manager” under the Local Government Act 1993;

 

3.    Delegate to the Chief Executive Officer the delegations set out in the Delegations to the Chief Executive Officer in Attachment 1 to this report;

 

4.    Authorise the Mayor to sign the Instrument of Delegation to the Chief Executive Officer.

 

5.    Confirm Council’s delegations for any functions or powers conferred or imposed on Council by or under any legislation in accordance with section 22 of the Local Government Act 1993.

 

 

REPORT

 

Section 380 of the Act requires that a council review all of its delegations during the first 12 months of each term of office.

 

Section 377 of the Act provides that a council may, by resolution, delegate to its general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than those listed in section 377(2) of the Act.

 

Council’s CEO exercises the functions, role and delegations of “general manager” under the Act. An Acting CEO has the same functions, role and delegations of a CEO.

 

Recent amendments to the Act which came into force on 26 September 2016 amended council functions which can be delegated to the general manager (CEO). In particular, section 377(1)(i) now permits a council to delegate all tenders to the CEO except “tenders to provide services currently provided by members of staff of the council”

 

Section 55 of the Act requires Council to call for tenders in certain circumstances, including a contract involving an estimated expenditure or receipt of an amount of or above $150,000. If Council calls for tenders, then one practical effect of the new section 377(1)(i) of the Act is that  the current Instrument of Delegation to the CEO now enables the CEO to accept tenders for an unlimited value, except for tenders to provide services currently provided by members of  Council staff. It is considered that an unlimited delegation for the CEO to accept tenders may not represent best governance practice.  For this reason, it is recommended that Council limit the delegation to the CEO to accept tenders to a value of less than $5 million. This proposed limitation is based on the fact that a contract for a sum of $5 million or more constitutes a class 3 contract for the purpose of the contract register, a publicly available document published on Council’s website in accordance with Division 5 of the Government Information (Public Access) Act 2009. This limitation is included in the draft Instrument of Delegation. (This limitation has also been extended to authorising expenditure and/ or payments of an amount of $5 million or more without a Council resolution.)

 

Further, it should be noted that Council has received legal advice to the effect that, if Council calls for tenders and if the contract relates to services currently provided by members of Council staff, even if the contract sum may be less than $150,000 (which is not uncommon) then it is the Council itself which must accept the tenders, for example, for IT services, town planning advice, routine maintenance and repair work and so on. Each matter will need to be considered by reference to its own facts and circumstances.

 

A new section 377(1A) of the Act also permits a council to delegate functions relating to the granting of financial assistance in certain limited circumstances. It is recommended that this particular delegation be included in the Instrument of Delegation to the CEO.

 

Relevant sections of the Act pertaining to delegation of functions, organisation structure and functions of the CEO are set out in Attachment 2 to this report.

 

The Instrument of Delegation to the Chief Executive Officer was last amended by Council on 28 October 2015, when IHAP delegations were amended. Changes to that current Instrument are highlighted in red type font in the attached draft Instrument of Delegation. It should be noted that clauses 3.1 – 3.6 basically deal with matters that cannot be delegated by Council to the CEO because of legislative requirements or previous decisions of Council.

 

There is no requirement for the Council seal to be affixed to the Instrument of Delegation to the CEO. Council can authorise the Mayor to sign this Instrument.

 

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

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Draft Instrument of Delegation to the CEO by CouncilView

2.         Relevant sections of the Local Government Act 1993View  


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CFO 06

Revocation of Mayor's Policy-Making Functions Between Council Meetings Policy

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

282131.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

A recent amendment to section 226 (the role of the Mayor) of the Local Government Act 1993 (the Act) states that the Mayor is to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council”.

 

Given this change to the Act, it is considered that Council’s Mayor’s Policy-Making Functions Between Council Meetings Policy (the Policy) is now superfluous and, therefore, it should be revoked by Council. The exercise of the Mayor’s policy-making functions between Council meetings is limited to “cases of necessity”. Other limitations in the current Policy are no longer valid.

 

Accordingly, it is recommended that this report be received and noted, that the Policy be revoked by Council and that, whenever the Mayor exercises, in cases of necessity, the policy-making functions of the governing body of Council between meetings of the Council, a report concerning details of the exercise of such functions be prepared for the next Council meeting business paper.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

2.    Revoke the Council’s Mayor’s Policy-Making Functions Between Council Meetings Policy, attached to this report;

 

3.    Whenever the Mayor exercises, in cases of necessity, the policy-making functions of the governing body of Council between meetings of the Council, receive a report concerning details of the exercise of such functions for the next Council meeting.

 

REPORT

 

Council’s Mayor’s Policy-Making Functions Between Council Meetings Policy (the Policy) was initially adopted by Council on 19 July 2010 and last amended on 16 December 2014. The Local Government Amendment (Governance and Planning) Act 2016 recently amended the Act. One of the amendments that was proclaimed and published in the Government Gazette of 23 September 2016 pertained to section 226 of the Act (the role of the Mayor as spokesperson of Council):

 

226   Role of mayor

 

The role of the mayor is as follows:

 

(d)  to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council

 

The exercise of the Mayor’s policy-making functions between Council meetings is limited to “cases of necessity”. Other limitations in the current Policy are no longer valid. It is, therefore, no longer necessary for Council to pass a specific resolution at its December meeting regarding delegations to the Mayor and the CEO during the period between the last meeting of Council for the calendar year and the first meeting of Council for the subsequent year.

 

As a result of the above amendment to the Act, it is considered that the Policy is now superfluous and, therefore, it should be revoked by Council. The Mayor’s policy-making functions between Council meetings have rarely been exercised since 2008. If such functions are ever exercised, it is recommended that a report providing details be provided in

the business paper for the subsequent Council meeting.

 

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

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Mayor's Policy-Making Functions Between Council Meetings Policy


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CFO 07

Annual Code of Conduct Complaints Report

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

284258.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

Council adopted its current Code of Conduct and Code of Conduct Procedures on 29 July 2015. Under Part 12 of the Procedures, the Complaints Coordinator must report on a range of Code complaints statistics to Council and the Office of Local Government (the OLG) within the three months of the end of September each year. The OLG publishes details of complaints statistics provided by all councils in NSW in an annual report.

 

Seven Code of Conduct complaints relating to Councillors and the CEO were received by Council, assessed and finalised during the 12 months prior to 30 September 2016.

 

One complaint received prior to 30 September 2015 was assessed, determined and finalised by a conduct reviewer during the current reporting period.

 

It is recommended that Council receive and note this report and the attached Code of Conduct Complaints Statistics Report prepared for the OLG.

 

RECOMMENDATION

 

That Council receive and note this report and the attached Complaints Statistics Report, prepared for submission to the Office of Local Government.

 

REPORT

 

Council adopted its current Code and Procedures, based on the Model Code and Procedures, on 29 July 2015. Clause 12 of the Procedures states:

 

12.1 The Complaints Coordinator must arrange for the following statistics to be reported to Council within three months of the end of September of each year.

 

a)   The total number of Code of Conduct complaints made about Councillors and the CEO under the code of conduct in the year to September;

b)   The number of Code of Conduct complaints referred to a conduct reviewer;

c)   The number of Code of Conduct complaints finalised by a conduct reviewer at the preliminary assessment stage and the outcome of those complaints;

d)   The number of Code of Conduct complaints investigated by a conduct reviewer;

e)   The number of Code of Conduct complaints investigated by a conduct review committee;

f)    Without identifying particular matters the outcome of Code of Conduct complaints investigated by a conduct reviewer or conduct review committee under these Procedures;

g)   The number of matters reviewed by the OLG and, without identifying particular matters, the outcome of the reviews; and

h)   The total cost of dealing with Code of Conduct complaints made about Councillors and the CEO in the year to September, including staff costs. 

 

12.2 The Council is to provide the OLG with a report containing the statistics referred to in clause 12.1 within 3 months of the end of September of each year.

 

Council received seven Code of Conduct complaints against Councillors and the CEO during the past 12 months. Six complaints were referred by the Complaints Coordinator (Council’s Governance Coordinator) to conduct reviewers who determined, at the preliminary assessment stage, that  no further action should be taken in regard to four of these complaints.

 

Two complaints were assessed and then investigated by conduct reviewers. One complaint was resolved by a determination by the conduct reviewer for counselling and training to be provided for the Councillor complained against. The other complaint was investigated by the conduct reviewer who determined, given the particular circumstances of the matter, not to continue the investigation.

 

The remaining complaint was resolved by the Acting CEO through alternative means under clause 5.18 of the Procedures.

 

Another Code of Conduct complaint received before 30 September 2015 was finalised during the current reporting period. As a result of that assessment, it was determined that no further action should be taken.

 

The total cost to Council in dealing with all complaints during the reporting period (1October 2015 – 30 September 2016) was $28,294 of which an amount of $18,194 was paid by Council for fees due to conduct reviewers and an amount of $10,100 represented the cost to Council in terms of staff time involved in dealing with these complaints.

 

The attached Code of Conduct Complaints Statistics Report, prepared for the OLG, provides a summary of complaints. It should be noted that, apart from this report to Council and the attached Complaints Statistics Report for the OLG, part 13 of the Procedures requires that information about Code of Conduct complaints and their investigation and management is not to be publicly disclosed.

 

It is recommended that Council receive and note this report and the attached Complaints Statistics Report prepared for submission to the OLG.

 

 

CONSIDERATIONS

 

Economic and Financial

Cost to Council of dealing with complaints

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Provide information about Council’s services, roles and decision making processes.

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Code of Conduct Complaints Statistics Report 2016View  


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CFO 08

Councillor Briefings

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Good Governance

File Ref

284546.2016

Report By

David Maguire - Governance Coordinator

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

Council’s Councillor Briefing Guidelines are now overdue for review.

 

Given the recent Council elections, it may be appropriate for the new Council to review whether or not to continue the practice of Councillor Briefings and, if the Council decides to continue them, in what format they should take place.

 

Council may wish to consider this report in conjunction with the report regarding the proposed charter for the new Strategic Review Panel.

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report.

 

2.    Decide whether or not to continue Councillor Briefings in their current format.

 

REPORT

 

Council originally adopted its Councillor Briefing Guidelines (the Guidelines) on 27 March 2013 and amended them on 27 August 2014. The Guidelines are now overdue for review.

 

The Guidelines state that Councillor Briefings are to be held prior to an ordinary meeting of Council. Currently, these Briefing sessions are held on a week night on the week preceding the particular Council meeting.

 

However, it may now be opportune for the newly-elected Council to review whether or not to continue the practice of Councillor Briefings and, if the Council decides to continue them, in what format they should take place and if any changes should be made to the Guidelines.

 

If the Briefings are to be retained, it is recommended that they be renamed as the Councillor Briefing Procedure. In this regard, “guideline” means “a general rule or piece of advice” whereas “procedure means “an established or official way or doing something” (Concise Oxford English Dictionary, 11th edition revised, Oxford University Press 2008).

 

Council may wish to consider this report in conjunction with the report regarding the proposed charter for the new Strategic Review Panel.

 

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

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

There are no civic leadership and governance considerations.

 

ATTACHMENTS

 

1.         Councillor Briefing Guidelines 2014View  


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CFO 09

Council Meeting Dates - January to December 2017

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

NA

File Ref

288761.2016

Report By

George Georgakis - Manager Council and Executive Services

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

The purpose of this report is to confirm the Council meeting schedule for 2017. It is proposed that Council meetings for the 2017 calendar year continue to be held monthly commencing at 6.00pm and be scheduled for the last Wednesday of each month, with exception where required.

 

It is recommended that Council adopt the proposed meeting dates for 2017 as contained in this report.

 

 

RECOMMENDATION

 

That Council:

 

1.   Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2017 calendar year as follows:

 

·    1 February 2017

·    22 February 2017

·    29 March 2017

·    26 April 2017

·    31 May 2017

·    28 June 2017

·    26 July 2017

·    30 August 2017

·    27 September 2017

·    25 October 2017

·    22 November 2017

·    13 December 2017

 

2.   Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2017 calendar year. 

 

REPORT

 

Section 365 of the Local Government Act 1993 stipulates that councils must meet at least 10 times per year. Section 366 of the Act makes provision for additional meetings to be called if necessary. 

 

To assist in meeting statutory requirements and provide reporting consistency, it is proposed that the Council meetings for the 2017 calendar year remain on a monthly cycle, commencing at 6.00pm.  The meetings are proposed to fall on the last Wednesday of each month with the exception of January, November and December. A meeting early in February 2017 is recommended to be held to deal with business accumulated during the January break. The November meeting is recommended to be held on the fourth Wednesday of November to allow for more even spacing of meetings at the end of the year. The December meeting is recommended to be held on the second Wednesday in the month, to allow time for resolutions to be actioned before the Christmas break.

 

Additional meetings can be called at any time if necessary, subject to appropriate notice provisions. These could cater for extraordinary matters that arise from time to time or to prevent agenda items becoming too voluminous.

 

It is therefore recommended that Council adopts the meeting dates for the 2017 calendar year as outlined in Table 1.

 

Table 1 – Proposed Council meeting dates 2017

 

Meeting date

Comments

1 February 2017

First meeting after January break to deal with accumulated business.

22 February 2017

Last Wednesday of the month.

29 March 2017

Last Wednesday of the month.

26 April 2017

Last Wednesday of the month.

31 May 2017

Last Wednesday of the month.

28 June 2017

Last Wednesday of the month.

26 July 2017

Last Wednesday of the month.

30 August 2017

Last Wednesday of the month.

27 September 2017

Last Wednesday of the month.

25 October 2017

Last Wednesday of the month.

22 November 2017

Fourth Wednesday of the month.

13 December 2017

Second Wednesday of the month.

 

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.

Provide information about Council’s services, roles and decision making processes.

Operate a well-developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

Nil


 

CFO 10

Draft Budget Review Panel Charter

 

Strategic Direction

Leading Proactive Council

Position Council as an industry leader, delivering best practice and innovation

Key Policy

Long-Term Financial Plan

File Ref

292583.2016

Report By

Gary Grantham - Chief Financial Officer / Director Corporate Services

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

Council, at its meeting on Wednesday 12 October, 2016 (CFO 02) resolved that the Budget and Finance Committee will cease to exist and a Budget Review Panel be created. In addition, it was also resolved that Council;

 

“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”.

 

This report seeks that Council receive and note this report, and approve and adopt the attached Draft Budget Review Panel Charter.

 

 

RECOMMENDATION

 

That Council:

 

1.    Receive and note this report;

 

2.    Approve and adopt the Budget Review Panel Charter.

 

 

REPORT

 

The Draft Budget Review Panel Charter is included at Attachment 1 for review and approval by the Council.

 

CONSIDERATIONS

 

Economic and Financial

The purpose of this panel will be to review the budget in order for Council to ensure budget is accountable and transparent.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

Operate a well developed governance system that demonstrates accountability, transparency and ethical conduct.

 

 

ATTACHMENTS

 

1.         Draft Budget Review Panel Charter


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CFO 11

Annual Financial Reports 2015/16

 

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

294312.2016

Report By

Vishwa Nadan - Manager Financial Services

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

The Council at its extraordinary meeting on 26 October 2016 authorised the issue of 2015/16 audited financial statements.

 

The financial statements together with the audit certificate were lodged with the Office of Local Government (in accordance with Section 417 of the Local Government Act 1993), and placed on public exhibition inviting public submissions.

 

Submissions closed on 9th November 2016 and Council did not receive any public submission on the matter.

 

RECOMMENDATION

 

That Council receives and adopts this report.

 

REPORT

 

The Council at its extraordinary meeting on 26 October 2016 authorised the issue of 2015/16 audited financial statements.

 

The financial statements together with the audit certificate were lodged with the Office of Local Government in accordance with Section 417 of the Local Government Act 1993.

 

The audited financial statements were placed on public exhibition. Section 420 of the Act permits members of the public to make submissions. The Act further requires Council to refer all submissions to its Auditor and take action as may be appropriate which includes notice to the Office of Local Government to amend the financial statements.

 

Submissions closed on 9th November 2016 and Council did not receive any submissions on the matter.

CONSIDERATIONS

 

Economic and Financial

The audited financial results for the year ended 30 June 2016 are contained and presented within the report.

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Audited Financial Statements 2015/16View (Under separate cover)  


 

CFO 12

Investment Report September 2016

 

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

295489.2016

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

This report details Council’s Investment portfolio.

 

At 30th September 2016, Council held investments with a market value of $176.6million. The portfolio yield for the last twelve months was 3.22 per cent exceeding the benchmark of 2.19 per cent by 103 basis points for the same period.

 

For the three months ended September 2016, returns on investment was $274k higher than budget and is projected to come on budget at year end.

 

Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation.

 

RECOMMENDATION

 

That Council receives and notes this report

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

 

Council’s Portfolio

 

At 30th September 2016, Council held investments with a market value of $176.6 million. Council’s investment register detailing all its investments is provided as an attachment to this report.

 

 

In summary, Council’s portfolio consisted of investments in:

 

 

 

As at end of September 2016, the ratio of market value compared to face value of various debt securities is shown in the table below.

 

 

* A TCD stands for Transferrable Certificate of Deposit; it is a security issued with the same characteristics as a   Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand-fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

Portfolio Maturity Profile

 

The table below shows the percentage of funds invested at different durations to maturity.

 

Market Value by Issuer and Institution Policy limit as per Investment Policy

 

 

 

 

 

 

 

 

Overall Portfolio Credit Framework compliance to Investment Policy

 

 

 

Portfolio Performance against Bank Bill Swap Rate (BBSW)

 

The 90 day BBSW is often referred to as the reference rate for market interest rates and, in particular, is used to benchmark yield on fixed Income securities.

 

Council’s investment portfolio yield as at 30th September 2016 was 3.22 per cent which exceeded the benchmark of 2.19 per cent by 103 basis points for the same period. Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower deposit yields on offer. Council’s ongoing out performance has been boosted by a handful of longer term investments yielding above 4% and maturing out to 2019. Return on investments is expected to slowly decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns.

 

Comparative yields for the previous months are charted below:

 

 

 

 

Performance of Portfolio Returns against Budget

 

Council’s investment income for three months to September 2016 exceeded budget by $274k and is currently projected to perform to budget at year end.

 

Investment Portfolio at a Glance

 

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.

MCWB01114_0000[1]

The portfolio yield for 3 month to the end of September 2016 is 103 basis points above the benchmark for the same period (3.22% against 2.19%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment interest income exceeded budget by $274k as at 31st September 2016

 

Investment Policy Compliance

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

MCWB01114_0000[1]

Fully Compliant

 

Economic Outlook – Reserve Bank of Australia

At its meeting on 4 October 2016 the Reserve Bank Board decided not to vary the cash rate. The current 1.5% cash rate is at a historically low level and impacts returns on investment. Returns on Term Deposits and Floating Rate Notes have significantly dropped since the last twelve months. The average market returns on term deposits are:

·    Longer term deposits (> 3years maturity) – 2.85% to 3.0% p.a

·    Medium term (2 to 3 years to maturity) - 2.7% to 2.85% p.a.

·    Short term deposits rate (less than one year to maturity) – ranges from 2.3% to 2.7% per annum.

·    Cash & Cash At Call accounts range from 1.5% to 2.25%

·    31 Days’ Notice Account 2.45%

 

Certificate of Responsible Accounting Officer

 

The Chief Financial Officer, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.

 

 

CONSIDERATIONS

 

Economic and Financial

Council’s investment interest income exceeded budget by $274k as at 31st September 2016

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

 There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Investment portfolio details as at 30 September 2016View  


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CFO 13

Budget Review - September 2016

 

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

296305.2016

Report By

Vishwa Nadan - Manager Financial Services

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

In June 2016 Council adopted its 2016/17 operating budget with projected revenue of $246.5m and expenditure of $164.8m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for a surplus of $1.1million.

 

The proposed budget changes will decrease budgeted net operating result before grants and contributions for capital purposes to a surplus of $0.349m for the year ending 30 June 2017.

 

Fit For the Future net operating results will also change from a surplus of $0.061m to $0.908m deficit (Ref attachment 1 – Note H).

 

The proposed budget still assumes that labour related efficiency savings will be realised by June 2017. The uptake of efficiency savings for the September quarter is currently below budget and Council will be advised of any variations in next quarter review.

 

The first quarter budget review for 2016/17 has also resulted in a net increase of $2.601m (Ref attachment 1 – Note F) increase of Council’s capital expenditure program.

 

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 2016.

 

Commentary

 

Operating Budget

 

In June 2016 Council adopted its 2016/17 operating budget with projected revenue of $246.5m and expenditure of $164.8m. In terms of the net operating result before grants and contributions provided for capital purposes, the Council budgeted for a deficit of $1.1m with a Fit For the Future surplus at $0.061m.

 

From July to September 2016 the Council approved budget variations through resolutions which unfavourably impacted on the net operating result before grants and contributions provided for capital purposes by $15k as shown in Attachment 2.

 

A comprehensive budget review conducted at 30 September 2016 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 2017.  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 has resulted in $1.181m (Ref attachment 1 – Note A) increase in total revenue mainly in grants & contributions for capital purposes. Total expenditure is also projected to increase by net $0.792m (Ref attachment 1 – Note B), mainly comprising increase in expected legal costs relating to Moorebak Recyclers and consultancy relating to review of Liverpool’s LEP. Other significant budget adjustments include a favourable expense reduction of $1.425m provided for asbestos waste remediation as an accrual of $2.645m was included in the 2015/16 financial results and reinstatement of $1.200m employee related expenditure in City Presentation Directorate relating to industrial reforms and $0.295m relating to staffing of Carnes Hill library.

 

The proposed budget changes will decrease net operating result before grants and contributions for capital purposes to a surplus of $0.349m for the year ending 30 June 2017 (Ref attachment 1 – Note G) and a net operating result before grants & contributions for capital purposes for Fit For the Future at a deficit of $0.908m (Ref attachment 1 – Note H).

 

Council is invited to take note that the proposed budget still assumes that labour related efficiency savings will be realised by June 2017. The uptake of efficiency savings for the September quarter is currently below budget. Budget performance will be closely monitored and Council will be advised of any variations in next quarter review.

 

 

 

 

Capital Budget

 

In June 2016, Council approved its $115.8m capital works program for 2016/17. Council subsequently approved carry over of projects valued $9.6m that were planned but not completed in 2015/16.

 

The first quarter review for 2016/17 has resulted in a further net adjustment of $2.6m (Ref attachment 1 – Note F) to Council’s capital expenditure program.

 

At 30 September 2016, Council has a capital expenditure program of $128.050m as detailed in Attachment 3. Note, 30 September 2016 YTD capital expenditure was $16.460m.

 

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.   Changes following Quarter 1 budget review

3.   The proposed budget for 2016/17 financial year

4.   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 2016

 

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 2016 will be a deficit of $0.644m

 

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 Budget AnalysisView

2.         Operating Budget AdjustmentsView

3.         Capital Budget AdjustmentsView

4.         Grants Status Report - ApplicationsView

5.         Grants Status Report - ReceivedView

6.         Reserve Movement ReportView

7.         Key Performance IndicatorsView

8.         Consultancy & Legal Expenses Budget Review StatementView

9.         Contracts Budget Review Statement


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CFO 14

Investment Report October 2016

 

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

296465.2016

Report By

Christian  Hope - Senior Financial Accountant

Approved By

Gary Grantham - Chief Financial Officer / Director Corporate Services

 

 

Executive Summary

 

This report details Council’s Investment portfolio.

 

At 31st October 2016, Council held investments with a market value of $174million. The portfolio yield for twelve months ended was 3.23 per cent exceeding the benchmark of 2.15 per cent by 108 basis points for the same period.

 

For four months ended October 2016, returns on investment was $373k higher than budget and is projected to come on budget at year end.

 

Council’s investments and reporting obligations fully comply with the requirements of Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation

 

 

RECOMMENDATION

 

That Council receives and notes this report

 

 

REPORT

 

Clause 212 of the Local Government (General) Regulation 2005 requires that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

 

 

 

 

 

Council’s Portfolio

 

At 31st October 2016, Council held investments with a market value of $174million. Council’s investment register detailing all its investments is provided as an attachment to this report.

In summary, Council’s portfolio consisted of investments in:

 

 

As at end of October 2016, the ratio of market value compared to face value of various debt securities is shown in the table below.

 

* A TCD stands for Transferrable Certificate of Deposit; it is a security issued with the same characteristics as a   Term Deposit however it can be sold back (transferred) in to the market prior to maturity. A floating TCD pays a coupon linked to a variable benchmark (90 days BBSW).

 

Council is fully compliant with the requirements of the Ministerial Investment Order including the grand fathering provision in regards to its investment portfolio holdings. The grand fathering provision states that Council continues to hold to maturity, redeem or sell investments that comply with previous Ministerial Investment Orders. Any new investments must comply with the most recent Order. Council continues to closely monitor the investments in its portfolio to ensure continued compliance and minimal exposure to risk.

 

 

 

 

 

 

 

 

 

 

 

Portfolio Maturity Profile

 

The table below shows the percentage of funds invested at different durations to maturity.

 

Term To maturity

Total

% Holdings

Term To maturity Policy Limit

Cash & Cash at Call

33,715,205

19.37%

100%

Term Deposit < 1 Year

26,000,000

14.94%

100%

Tradeable Securities

62,559,080

35.95%

100%

Term Deposits 1 to < 3 Years

37,000,000

21.26%

60%

Term Deposits 3 to < 5 Years

12,000,000

6.90%

25%

T-Corp Unit Trust (Cash)

1,009,879

0.58%

100%

Grandfathered Securities

1,744,305

1.00%

N/A

Grand Total

174,028,469

100.00%

 

 

Market Value by Issuer and Institution Policy limit as per Investment Policy

 

Issuer

Security Rating

Market Value

% Total Value

Institutional Policy Limit

AMP Bank Ltd

A+

12,397,721

7.12%

25.00%

ANZ Banking Group Ltd

A+

699,790

0.40%

25.00%

Bananacoast Community Credit Union Ltd

Unrated

2,000,000

1.15%

5.00%

Bank of Queensland Ltd

A-

30,539,650

17.55%

25.00%

Bank of Sydney Ltd

Unrated

2,000,000

1.15%

5.00%

Bendigo & Adelaide Bank Ltd

A-

10,066,020

5.78%

25.00%

Commonwealth Bank of Australia Ltd

AA-

26,345,504

15.14%

35.00%

Credit Suisse Sydney

A

2,009,800

1.15%

25.00%

Credit Union Australia Ltd

BBB+

6,030,180

3.47%

15.00%

Emerald Reverse Mortgage Trust

A

1,744,305

1.00%

25.00%

G&C Mutual Bank Limited

BBB

1,000,000

0.57%

15.00%

Heritage Bank Ltd

BBB+

3,012,840

1.73%

15.00%

Macquarie Bank

A

5,026,700

2.89%

25.00%

Maitland Mutual Building Society Ltd

Unrated

1,000,000

0.57%

5.00%

Members Equity Bank Ltd

BBB+

1,003,480

0.58%

15.00%

MyState Bank Ltd

BBB

2,000,000

1.15%

15.00%

National Australia Bank Ltd

AA-

13,066,400

7.51%

35.00%

Newcastle Permanent Building Society Ltd

BBB+

14,014,500

8.05%

15.00%

NSW Treasury Corporation

AA

1,009,879

0.58%

35.00%

P&N Bank Ltd

BBB

11,000,000

6.32%

15.00%

Police Bank Ltd

BBB+

1,005,080

0.58%

15.00%

Police Credit Union SA

Unrated

4,000,000

2.30%

5.00%

Rabobank Australia Ltd

A+

11,000,000

6.32%

25.00%

Suncorp Bank

A+

7,033,540

4.04%

25.00%

Teachers Mutual Bank Ltd

BBB+

2,009,060

1.15%

15.00%

Westpac Banking Corporation Ltd

AA-

3,014,020

1.73%

35.00%

Portfolio Total

174,028,469

100.00%

 

Overall Portfolio Credit Framework compliance to Investment Policy

 

Credit Rating

Sum of Market Value

% Portfolio

Policy Limit

A Gategory or below

80,517,526

46.27%

60.00%

AA Category

43,435,803

24.96%

100.00%

BBB Category

41,075,140

23.60%

50.00%

Unrated

9,000,000

5.17%

25.00%

Grand Total

174,028,469

100.00%

 

 

Portfolio Performance against Bank Bill Swap Rate (BBSW)

 

The 90 day BBSW is often referred to as the reference rate for market interest rates and, in particular, is used to benchmark yield on fixed Income securities.

 

Council’s investment portfolio yield as at 31st October 2016 was 3.23 per cent which exceeded the benchmark of 2.15 per cent by 108 basis points for the same period. Council continues to achieve a solid outcome despite ongoing margin contraction and significantly lower deposit yields on offer. Council’s ongoing out performance has been boosted by a handful of longer term investments yielding above 4% and maturing out to 2019. Return on investments is expected to slowly decrease as old investments in Council’s portfolio mature and replaced with investments yielding lower returns.

 

Comparative yields for the previous months are charted below:

 

 

 

 

Performance of Portfolio Returns against Budget

 

Council’s investment income year to date to October 2016 exceeded budget by $373k and is currently projected to perform to budget at year end.

 

 

Investment Portfolio at a Glance

 

Portfolio Performance vs. 90 day Bank Bill index over the 12 month period.

MCWB01114_0000[1]

The portfolio yield for 3 month to the end of October 2016 is 108 basis points above the benchmark for the same period (3.23% against 2.15%).

Annual Income vs. Budget

MCWB01114_0000[1]

Council’s investment interest income exceeded budget by $373k as at 31st October 2016

 

Investment Policy Compliance

Legislative Requirements

 

MCWB01114_0000[1]

Fully Compliant.

Portfolio Credit Rating Limit

MCWB01114_0000[1]

Fully Compliant.

 

Institutional Exposure Limits

MCWB01114_0000[1]

Fully Compliant.

Term to Maturity Limits

MCWB01114_0000[1]

Fully Compliant

 

 

Economic Outlook – Reserve Bank of Australia

At its meeting on 1 November 2016 the Reserve Bank Board decided not to vary the cash rate. The current 1.5% cash rate is at a historically low level and impacts returns on investment. Returns on Term Deposits and Floating Rate Notes have significantly dropped since the last twelve months. The average market returns on term deposits are:

·    Longer term deposits (> 3years maturity) – 2.85% to 3.0% p.a

·    Medium term (2 to 3 years to maturity) - 2.7% to 2.85% p.a.

·    Short term deposits rate (less than one year to maturity) – ranges from 2.3% to 2.7% per annum.

·    Cash & Cash At Call accounts range from 1.5% to 2.25%

·    31 Days’ Notice Account 2.45%

 

Certificate of Responsible Accounting Officer

 

The Chief Financial Officer, as Responsible Accounting Officer certifies that the investments listed in the attached report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Councils Investment Policies at the time of their placement. The previous investments are covered by the “grandfather” clauses of the current investment guidelines issued by the Minister for Local Government.

 

CONSIDERATIONS

 

Economic and Financial

Council’s investment interest income exceeded budget by $373k as at 31st October 2016

Environmental and Sustainability

There are no environmental and sustainability considerations.


Social and Cultural

There are no social and cultural considerations.


Civic Leadership and Governance

There are no civic leadership and governance considerations.

 

 

ATTACHMENTS

 

1.         Investment portfolio details as at 31 October 2016View  


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DCP 01

Transfer Ownership of SES Vehicles

 

Strategic Direction

Liveable Safe City

Improve the community’s sense of safety in Liverpool

Key Policy

Community Safety and Crime Prevention Strategy

File Ref

288650.2016

Report By

Jeya Jeyananthan - Maintenance Planning and Reports Coordinator

Approved By

Wayne Carter - Director City Presentation

 

 

Executive Summary

 

NSW Councils, in partnership with the State Government, provide strong financial and practical support to their local SES Units. The State Government provides a range of assistance to SES Units, helping to ease the financial burden on Local Government.  This assistance includes providing funding assistance for the purchase of emergency response vehicles.

 

The majority of the operational fleets are owned and managed by local Councils. The NSW SES received funding to centralise the ownership and management of their operational vehicles as part of the Strategic Disaster Readiness Package announced in the 2012/2013 State Budget.  This new arrangement will ensure the continued ability of the NSW SES to provide a safer community during times of disaster. 

 

The purpose of this report is to recommend an option to transfer the ownership of four vehicles that are partly owned and managed by the Council.

 

 

RECOMMENDATION

 

That Council accept the recommendation of transferring the vehicles for market values.

 

 

REPORT

 

Council purchased the vehicles with registration numbers of BG95WO, BG94WO, BN08VK and AO20DZ for the NSW SES between 2007 and 2012 with a $ for $ arrangement with the exception of the vehicle AO20DZ, which was a Council owned fleet vehicle and handed over to the SES around the year 2010. 

 

The following table provides the information of the costs of the vehicles:

 

Registration

Description

Cost (excl GST)

Accumulated Depreciation

Written Down Value

Purchase Date

SES Contribution

Council Contribution

BG95WO

Nissan Navara 2.5L

$28,948.50

$28,948.50

$57,897

$0.00

Jul-10

BG94WO

Nissan Navara 2.5L

$28,948.50

$28,948.50

$57,897

$0.00

Jul-10

BN08VK

Isuzu NPR30

$60,000.00

$56,082.00

$84,879.51

$31,202.49

Feb-12

AO20DZ

Subaru Forester 2.5L

$8,500.00

$20,693.00

$29,193

$0.00

2007

 

 

On the announcement of the funding availability to centralise the ownership and management of the operational vehicles, the Local NSW SES Regional Office contacted Council and discussed the proposed changes to the manner in which NSW SES vehicles are to be managed and offered the following options to consider for transferring the vehicles:

 

·    By Gift

·    Nominal Fee of $1.00 GST exclusive per vehicle

·    Market Value

 

The three vehicles that are more than six years old have been already depreciated, however there are significant residual values still remaining and the residual values have been best estimated by using various sources and tabulated below:

 

Registration

Current resale value (Estimated)

Resale value - Council's share

BG95WO

$22,000

$11,000

BG94WO

$22,000

$11,000

BN08VK

$40,000

$20,000

AO20DZ

$5,000

$3,500

 

The estimated Council share from resales would be approximately $45.5K which is excluding commissions for the sale and other mandatory pre-sale inspections and repairs so the net value of sales is estimated around $43K.

 

Council is maintaining these vehicles and the costs for maintaining these vehicles are in the order of $5k annually and the registration and CTP insurance costs are approximately $5K.  Therefore Council is spending approximately $10K annually for managing these vehicles.   It is considered this amount will be a saving to Council in addition to freeing up the resources for maintaining these vehicles that can then be allocated to other works.

 

Council’s assets disposal policy has been considered in particular:

 

·    The best value return or outcome for Council must be the foremost consideration when disposing of Council assets;

·    Council disposal activities should be transparent and unrestricted providing the opportunity for any organisation or a member of the public to purchase Council assets; and