MINUTES OF THE Ordinary Meeting

HELD ON 14 December 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 Kiersten Fishburn, Acting Chief Executive Officer

Mr Gary Grantham, Chief Financial Officer / Director Corporate Services

Ms Toni Averay, Director Planning and Growth

Dr Eddie Jackson, Acting Director Community and Culture

Mr Wayne Carter, Director City Presentation

Mr Raj Autar, Director Infrastructure and Environment

The meeting commenced at 6.01pm.

OPENING 6.01pm

ACKNOWLEDGEMENT The prayer of the Council was read by Pastor Paul

OF COUNTRY AND Mosiejczuk from Liverpool Baptist Church.

PRAYER

APOLOGIES Nil

CONDOLENCES Nil

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 23 November 2016 be confirmed as a true
record of that meeting subject to the following change:

Item IHAP 01 from the Council meeting from the 23^rd November 2016 be amended so that Clr Ayyad is shown to have voted against the Motion.

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

Declarations of Interest

Clr Hagarty declared a declared a non-pecuniary, less than significant interest in the following Item :

NOM 03: Children’s Parliament

Reason: Clr Hagarty’s daughter has been selected to be a representative of the Children’s Parliament

Clr Hagarty left the Chambers for the duration of the item.

Clr Hadchiti declared a pecuniary interest in the following item:

CONF 05: Tender ST2575 – Austral and Leppington North – Design of Water Management Infrastructure

Reason: Clr Hadchiti owns land in the Leppington North Precinct. This land is in the Camden Council area. The Camden site may receive a benefit.

Clr Hadchiti left the Chambers for the duration of the item.

Public Forum

Presentation – Items not on agenda

1. Ms Kate Woods addressed Council on the following matter:

DA 1038/216 – 24 Madang Street Holsworthy - a ten unit boarding house and demolition of existing dwelling.

Motion: Moved: Clr Harle Seconded: Clr Hadid

That a three minute extension of time be given to Ms Woods.

On being put to the meeting the motion was declared CARRIED

2. Mr Paul Mogan addressed Council on the following matter:

DA 1038/216 – 24 Madang Street Holsworthy - a ten unit boarding house and demolition of existing dwelling.

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That a three minute extension of time be given to Mr Mogan.

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

3. Mr Gavin Symes addressed Council on the following matter:

DA 1038/216 – 24 Madang Street Holsworthy - a ten unit boarding house and demolition of existing dwelling.

4. Ms Judith Carter addressed Council on the following matter:

Liverpool Animal Shelter

Representation – items on agenda

Nil

Mayoral Minute

ITEM NO: MAYOR 01

FILE NO: 334756.2016

SUBJECT: Selection of Chief Executive Officer

On 12 October, Council resolved to appoint Local Government Management Solutions (LGMS) to assist scoping, advertising and assessing applications for the position of Chief Executive Officer.

LGMS advertised the position in the Sydney Morning Herald from Friday, 21 October 2016, and applications closed on Monday, 14 November 2016.

The Recruitment Working Group interviewed seven candidates on Monday 5 and Tuesday 6 December 2016.

The Working Group selected three candidates to make a presentation to Council in Closed Session at the Ordinary Meeting on 14 December 2016. It is proposed that the candidate presentations be conducted after the Notices of Motion in the Agenda. It is further proposed that, following these presentations, a vote be taken to determine the successful candidate.

It is proposed that Christian Morris, Senior Consultant, Local Government Management Solutions, who sat on the Working Group, be in attendance at the Ordinary Meeting to facilitate the candidate presentations.

Recommendation:

1. That the Mayoral Minute to the Ordinary Council Meeting on 14 December 2016 in Closed Council in relation to the recruitment and appointment of a Chief Executive Officer for Liverpool City Council be received and noted.

2. That the three candidates selected by the Recruitment Working Group on 6 December 2016 present separately to Council in Closed Session, with 10 minutes allowed at the end of each presentation for Councillor questions to the candidates.

3. At the conclusion of the candidate presentations, Councillors vote by secret ballot for the candidate of their choice and the candidate who receives the highest number of votes be named as the successful candidate.

4. That the Mayor act as returning officer for the secret ballot, and Christian Morris of Local Government Management Solutions act as scrutineer of ballots.

5. In the case of a tie in votes for candidates, the Mayor will cast the deciding vote.

6. That the successful candidate be offered the position of Chief Executive Officer of Liverpool City Council and the Mayor be authorised, with advice from the Recruitment Consultant to finalise negotiations based on the following:

a) A four (4) year performance-based Contract.

b) A total remuneration package to be kept confidential.

c) The contract of employment being in accordance with the standard contract required by the Office of Local Government.

d) Adoption of the Council Policies in Schedule A of the contract relating to entitlements provided to the Chief Executive Officer.

e) Commencement of the contract on a date to be negotiated, and in any event, as soon as practicable.

7. That no public announcement of the name of the successful candidate be made until the Mayor has obtained a written acceptance of the offer from the preferred candidate.

8. That the Employment Contract between the appointee and the Council be executed under the Common Seal of the Council.

9. That Council nominates the Mayor, Deputy Mayor and two other Councillors as members of the Chief Executive Officer’s Performance Review Panel in accordance with the Guidelines for the Appointment and Oversight of General Managers issued by the Office of Local Government.

10. That the Chief Executive Officer be invited to nominate a Councillor of their choice as a representative on the Performance Review Panel.

11. That the Council delegates to the Performance Review Panel the performance management process including the signing, within three months of commencement of the Chief Executive Officer’s Performance Agreement from date of commencement, in accordance with the contract of employment.

12. That the Council appoints an independent facilitator for a period of six months for professional services up to the value of $10,000, to assist in the performance management and review process and to provide advice and support to the Mayor and Chief Executive Officer.

13. That the Council seeks two quotations for the subsequent role as an independent facilitator to assist in the performance management and review process and to provide advice and support during the year for the Mayor and Chief Executive Officer, and delegates the appointment of the ongoing independent facilitator to the Performance Review Panel.

14. That the Council undertakes a performance review against the agreed criteria following the completion of the first six months in the role and every six months thereafter.

COUNCIL DECISION

Motion: Moved: Mayor Waller

That the recommendation be adopted.

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

Chief Executive Officer Report

ITEM NO: CEO 01

FILE NO: 311402.2016

SUBJECT: Corporate Sponsorships

RECOMMENDATION

That Council endorses the Financial Contributions Panel’s recommendations for the provision of $1,000 (GST exclusive) under the Corporate Sponsorship Program as summarised in the table below.

Applicant name	Amount
NSW Police Force - Green Valley Local Area Command	$1,000 ex gst

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That the recommendation be adopted.

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

ITEM NO: CEO 02

FILE NO: 325206.2016

SUBJECT: Cost Benefit Analysis of the Proposed Internal Ombudsman

RECOMMENDATION

That Council:

1. Delegate authority to the Acting Chief Executive Officer to give effect to the proposed Internal Ombudsman model, as outlined in the staff report.

2. Direct that the question of funding for the position be managed though the quarterly budget review process.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Kaliyanda

That Council:

1. Approve in principle the Internal Ombudsman model as outlined in the staff report.

2. Direct that the question of funding for the position be managed though the quarterly budget review process.

3. Receive a report on the guidelines of the final model at the first Council meeting in February 2017.

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

Community and Culture Report

ITEM NO: DCC 01

FILE NO: 288995.2016

SUBJECT: Reconciliation Action Plan 2016 - 2020

RECOMMENDATION

That Council:

1. Receives and notes this report;

2. Approves the Draft Reconciliation Action Plan for public exhibition; and

3. Receives a further report following public exhibition seeking to adopt the final Reconciliation Action Plan.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Receives and notes this report.

2. Approves the Draft Reconciliation Plan for public exhibition subject to the following changes:

· Clause 1.4 be amended so that the workshops to educate new and existing staff of the local Aboriginal history also be extended to Councillors.

· Clause 3.2.1 be amended to read:

“Actively investigate Aboriginal and Torres Strait Islander cultural tourism activities and develop a cultural tourism brochure and investigate the feasibility and possibility of an Aboriginal and Torres Strait Islander Arts and Cultural facility to service overseas visitors”.

· The Measureable Target in Clause 2.3 be amended to read:

“Record the increase of members of Council’s Aboriginal Consultative Committee participating in committees/ networks.

Record the number of Aboriginal stakeholders that participate in Council Committees”.

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

ITEM NO: DCC 02

FILE NO: 296905.2016

SUBJECT: Precinct Co-ordination - Carnes Hill and City Centre

RECOMMENDATION

That Council:

1. Receives and notes this report; and

2. Approves the incorporation of two Precinct Co-ordination positions within the Community Planning and Development and Economic Development teams.

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Karnib

That Council:

1. Receives and notes this report;

2. Approves the incorporation of two Precinct Co-ordination positions within the Community Planning and Development and Economic Development teams; and

3. Any future significant precinct developments include an ongoing operational budget for one of these positions.

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

Infrastructure and Environment Report

ITEM NO: DIEN 01

FILE NO: 319387.2016

SUBJECT: Renewal of the netball courts at Woodward Park, Liverpool

RECOMMENDATION

That Council:

1. Defers the construction of the Dewsbury Serviceway and allocates $450,000 from this project towards the reconstruction of the netball courts on the upper level at Woodward Park;

2. Allocates $155,000 from the minor renewal works at the Michael Wendon Centre towards the reconstruction of the netball courts on the upper level at Woodward Park;

3. Allocates $30,000 from the refurbishment of the toddler’s pool at the Michael Wendon Centre to prepare a masterplan for the centre;

4. Pursues grant funds to undertake renewal works to the remaining 16 courts on the lower level of the park.

COUNCIL DECISION

Motion: Moved: Clr Ayyad Seconded: Clr Karnib

That the recommendation be adopted.

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

Planning and Growth Report

ITEM NO: DPG 01

FILE NO: 322595.2016

SUBJECT: Planning Proposal for Leppington Pastoral Company at 1675 The Northern Road, Greendale

RECOMMENDATION

That Council:

1. Supports amendments to Liverpool Local Environmental Plan 2008 as detailed in the Planning Proposal (Attachment 1).

2. Delegates to the A/CEO the authority to finalise the planning proposal subject to receipt of a Stage 1 – Preliminary Site Investigation contamination study applying to the site, and to submit the proposal to the Department of Planning and Environment for finalisation pursuant to s59 of the Environmental Planning and Assessment Act 1979.

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.

Councillors voted unanimously for this motion.

ITEM NO: DPG 02

FILE NO: 323163.2016

SUBJECT: Planning Proposal for 6, 8 and 16 Bridges Road and 361 Newbridge Road, Moorebank (Residential and Business Uses and changes to maximum height, floor space ratio and minimum lot size)

RECOMMENDATION

That Council:

1. Receives and notes the planning proposal for land owned by Coronation Property Pty Ltd comprising Lot 10 DP 875626, Lot 111 DP1133744, Lot 1 DP329572 and Lot 101 DP827141 to enable the creation of a mixed use urban renewal precinct;

2. Defers consideration of the Planning Proposal in order to enter into a collaborative working relationship with the proponent to determine the appropriate controls, including height and FSR, to apply to the precinct in the context of the draft South West District Plan and draft Georges River Master Plan;

3. Seeks further information in relation to the type and delivery framework for appropriate non-residential land uses; urban design analysis to identify appropriate height and massing outcomes; housing choice and affordable housing opportunities; traffic impact, infrastructure requirements, delivery mechanisms and staging; and the sequencing of development across the site; and

4. Notes that a further report will be prepared following the submission and assessment of a revised planning proposal, informed by additional studies and plans, including the Georges River Master Plan and the South West District Plan and incorporating the changes recommended by this report.

COUNCIL DECISION

Motion: Moved: Clr Rhodes 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: DPG 03

FILE NO: 323207.2016

SUBJECT: Planning Proposal for 5-9 Bridges Road Moorebank (Residential and Business Uses and changes to maximum height and floor space ratio and minimum lot size)

RECOMMENDATION

That Council:

1. Receives and notes the planning proposal for land at Lot 100 DP775780 owned by Joyce Developments to enable the creation of a mixed use urban renewal precinct;

COUNCIL DECISION

Motion: Moved: Clr Rhodes 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: DPG 04

FILE NO: 323313.2016

SUBJECT: Planning Proposal for 1 Moorebank Avenue and 3 Helles Avenue, Moorebank

RECOMMENDATION

That Council:

1. Receives and notes the planning proposal for land owned by Goodman Pty Ltd comprising Lot 201 DP 1131171 and Lot 211 DP 829555, to enable the creation of a mixed use urban renewal precinct;

COUNCIL DECISION

Motion: Moved: Clr Rhodes 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 Hadchiti returned to the meeting at 7.43pm

Notices of Motion

ITEM NO: NOM 01

FILE NO: 326131.2016

SUBJECT: Open and Green Spaces Strategy

NOTICE OF MOTION

That a report be prepared for Council by no later than June 2017 detailing current strategies and recommended future strategies for open and green space planning and usage within the Liverpool LGA. The report should address the following:

1. Current Council LEP and DCP provisions, and open and green space planning.

2. Potential for VPAs to deliver shared use of open space and recreational facilities to support open and green space planning.

3. Key priorities for green spaces and recreational facilities within the Liverpool LGA.

4. Heat island considerations for the Liverpool LGA and at risk locations.

5. Actions required to increase tree canopy coverage in at risk areas; and to protect and enhance the urban canopy. Strategies to enhance participation and use of open and green space.

6. Considerations for making the most of open and green space through effective management.

7. Strategies to incorporate a mix of green and open space types and experiences.

8. Budget implications and potential funding sources.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes

That Council investigate the feasibility of the following and a report be prepared for Council by no later than June 2017 detailing current strategies and recommended future strategies for open, green space and sustainable city planning within the Liverpool LGA. The report should address the following:

1. Current Council LEP and DCP to include provisions, to address the need to maintain and increase open, green space and a sustainable city plan.

2. Investigate the feasibility of the potential for VPA’s and other means to deliver positive outcomes for a sustainable city that includes but not exclusive to shared use of open space, recreational facilities, maximising traffic flow through CBD, maximisation of underground parking, installation of roof top gardens and delivery of vertical urban gardens.

3. Provide a map of all current green space areas within the Liverpool LGA that also identifies all opportunity sites to increase green space and tree canopies in order to maintain and increase green space and recreational facilities within the Liverpool LGA.

4. Provide a heat map of commercial and high-density areas within the Liverpool LGA.

5. Possible strategies to enhance participation and use of open green space that includes variations of types and experiences.

6. Provide a strategic plan for the Liverpool CBD to address building height variation to minimise shadowing and wind tunnels that might be created by future possible developments.

7. Investigate and report budget implications and potential funding, grants and partnership sources with but not restricted to organisations such as WSROC.

8. Green and sustainable city to be included as an item on the agenda of the Environment Committee to discuss possible new ways of making Liverpool LGA more green and sustainable.

9. Council representation at The Green Cities Conference 6-8 March 2017

Foreshadowed motion: Moved: Clr Hadchiti Seconded: Clr Balloot

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clrs Kaliyanda and Rhodes) was CARRIED.

Clr Hadchiti requested that his name be recorded as having voted against the motion.

The Foreshadowed Motion (moved by Clrs Hadchitti and Balloot) lapsed.

ITEM NO: NOM 02

FILE NO: 326312.2016

SUBJECT: Basketball

NOTICE OF MOTION

That Council:

1. Direct the Acting CEO to commence discussions with Basketball NSW in order to develop a strategy that can cater for the future needs of the sport in our LGA.

2. Allocate necessary resources for this strategy to develop from the existing budget.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That Council:

1. Direct the Acting CEO to commence discussions with Basketball NSW and any participants in basketball in the Liverpool LGA in order to develop a strategy that can cater for the future needs of the sport in our LGA.

2. Allocate necessary resources for this strategy to develop from the existing budget.

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

Clr Hagarty left the Chambers at 7.50pm

ITEM NO: NOM 03

FILE NO: 326361.2016

SUBJECT: Children's Parliament

NOTICE OF MOTION

That Council:

1. Invites the Children's Parliament to hold their parliamentary sessions in the Liverpool Council Chambers in the Francis Greenway Centre provided as much can be accommodated without interfering with any existing usage commitments and provides also an electronic whiteboard and other electronic aids as may reasonably be required. Also to the extent this offer is found to be feasible and is taken up relieves the Children's Parliament and associated bodies from any hire commitments which may have already been entered with respect to other Council community facilities.

2. Invites delegates or 'ambassadors' from the Children's parliament to:

i. periodically provide a brief summary to Council of issues debated in the Children's Parliament, and

ii. attend ordinary Council meetings in observer capacity.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That Council:

2. Invites delegates or 'ambassadors' from the Children's parliament to:

i. periodically provide a brief summary to Council of issues debated in the Children's Parliament, and

ii. attend ordinary Council meetings in observer capacity.

3. That this item be read in conjunction with DCC 02 (Strong Children and Communities Project) from the 23 November 2016 Council Meeting.

4. The Liverpool Youth Council be kept informed of what transpires within the Children’s Parliament.

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

ADDENDUM ITEMS

ITEM NO: CFO 02

FILE NO: 332479.2016

SUBJECT: Tender Exemption - Library Staff at Carnes Hill Library

RECOMMENDATION

That Council:

1) Approve an exemption to the tendering requirements under s.55(3)(i) of the Local Government Act 1993 for the ongoing appointment of Clarius Group Ltd (and their related trading entities) for the purposes of supply of temporary library staff to the Carnes Hill Library, for the following reasons:

a) These staff were appointed on a temporary basis, in anticipation of permanent recruitment being effected as soon as possible.

b) A tender was not originally required for these appointments, as they were not expected to breach the $150,000 tender threshold set out in cl.163 of the Local Government (General) Regulation 2005.

c) Permanent recruitment was delayed as a result of budget cuts passed in 29 June 2016, and was further delayed by a failed rescission motion applying to these cuts that was debated in July 2016.

d) As such, and to keep the Carnes Hill Library open, temporary staff appointments were extended beyond the period originally anticipated.

e) The budget for these permanent staff positions was only settled at Council’s Ordinary Meeting on 23 November 2016.

f) Permanent recruitment can now begin, but owing to the imminent Christmas break, is not likely to be completed until at least March 2017.

g) As such, the appointments must be further extended, and the tender threshold of $150,000 will be breached, making an exemption from Council necessary to satisfy legislative requirements.

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.

ITEM NO: CONF 03

FILE NO: 303428.2016

SUBJECT: Tender WT2592 - Supply and Install Automatic Irrigation System - Bigge Park

RECOMMENDATION

That Council:

1. Accepts the Tender from Never Stop Irrigation Pty Ltd for Tender WT2592 – Supply and Install Automatic Irrigation System – Bigge Park at the GST exclusive price of $225,000.

2. Makes public its decision regarding Tender WT2592 – Supply and Install Automatic Irrigation System – Bigge Park.

3. Notes that the Director, Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes on Council’s 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 Hadid Seconded: Clr Balloot

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: 323957.2016

SUBJECT: Tender WT2591 - Spa Renewal Works at Whitlam Leisure Centre

RECOMMENDATION

That Council:

1. Accepts the Tender from Crystal Pools Pty Ltd for Tender WT2591 – Spa Renewal Works at Whitlam Leisure Centre at the GST exclusive price of $217,000.

2. Makes public its decision regarding Tender WT2591 – Spa Renewal Works at Whitlam Leisure Centre.

3. Notes that the Director, Infrastructure and Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes Council’s website for the tender, giving it contractual effect, in accordance with delegated authority.

COUNCIL DECISION

Motion: Moved: Clr Hadid 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 Hadchiti left the Chambers at 8.00 pm.

ITEM NO: CONF 05

FILE NO: 313635.2016

SUBJECT: Tender ST2575 – Austral and Leppington North – Design of Water Management Infrastructure

RECOMMENDATION

That Council:

1. Accepts the Tender from SMEC Australia Pty Limited for Tender ST2575 – Austral and Leppington North – Design of Water Management Infrastructure for Portion A, B and C for an initial 18 month contract term, with the option of extending an additional six months at the GST exclusive price of $1,120,280.

2. Makes public its decision regarding Tender ST2575 – Austral and Leppington North – Design of Water Management Infrastructure.

3. Notes that the Director Infrastructure & Environment will finalise all details and sign the Letter of Acceptance following publication of the draft minutes on Council’s website for the tender, giving it contractual effect, in accordance with delegated authority.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

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

Councillors voted unanimously for this motion.

Note: Clr Hadchiti was not in the Chambers during discussion or voting on this item.

Clr Hadchiti returned to the meeting at 8.03pm.

ITEM NO: CONF 06

FILE NO: 325284.2016

SUBJECT: Acquisition of part of three properties at Edmondson Park for the realignment of Croatia Avenue

RECOMMENDATION

That Council:

1. Proceeds with the compulsory acquisition of the below mentioned properties for road purposes:

· Part Lot 1 DP 1129337, Lot 1 Camden Valley Way, Edmondson Park;

· Part Lot 36 DP 1197095, Lot 36 Croatia Avenue, Edmondson Park;

· Part Lot 37 DP 1197095, Lot 37 Croatia Avenue, Edmondson Park.

2. Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice and commence compulsory acquisition of the abovementioned properties in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 and the Roads Act 1993;

3. Authorizes the Director Property & Commercial Development and/or his nominee to negotiate with all the respective landowners, to acquire part of those lots required for road purposes;

4. Upon settlement of the acquisitions, dedicates all the properties being acquired as public road;

5. Keeps confidential the attachment supplied under separate cover containing the potential acquisition prices 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 the Council is conducting (or proposes to conduct) business; and

6. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Hadid Seconded: Clr Balloot

That the recommendation be adopted.

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

ITEM NO: CONF 07

FILE NO: 324900.2016

SUBJECT: Acquisition of an easement over part Lot 101 DP 1143458, 306 Macquarie Street, Liverpool

RECOMMENDATION

That Council:

1. Proceeds with the compulsory acquisition to extinguish the easement for Light and Air over Lot 101 DP 1143458, 306 Macquarie Street, Liverpool, for a public purpose;

2. Proceeds with making the necessary application to the Minister for Local Government and the Governor in accordance with Section 187(2) of the Local Government Act 1993 to obtain approval to give an acquisition notice and commence compulsory acquisition to extinguish the easement for light and air over Lot 101 DP 1143458, under the Land Acquisition (Just Terms Compensation) Act 1991;

3. Keeps confidential the attachment supplied under separate cover containing details of the proposed acquisition 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 the Council is conducting (or proposes to conduct) business; and

4. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadchiti

That Council defer the matter and a further report be submitted to the next Council meeting for Council’s consideration.

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

ITEM NO: CONF 08

FILE NO: 323903.2016

SUBJECT: Proposed road closure and disposal of part Scott and Terminus Street, Liverpool and Newbridge Road, Liverpool

RECOMMENDATION

That Council:

1. Agrees to the road closure of part Scott and Terminus Street and part Newbridge Road, Liverpool, as outlined within the confidential report;

2. Subject to a successful road closure, agrees to the sale of part Scott and Terminus Street and part Newbridge Road, Liverpool, containing an area of approximately 662 square metres, for the price and terms set out in this confidential report;

3. Keeps confidential the attachment supplied under separate cover containing the purchase price 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;

4. Transfers the proceeds of sale into the General Property Reserve; and

5. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That this matter be deferred for discussion at a Councillors Briefing Session before coming back to Council.

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

ITEM NO: CONF 09

FILE NO: 323458.2016

SUBJECT: Former Council Administration Centre, 1 Hoxton Park Road, Liverpool

RECOMMENDATION

That Council:

1. Agrees to the purchase of part Lot 103 DP 877139, comprising an area of approximately 12,950 square metres and authorises the Acting Chief Executive Officer, or her delegate, to commence negotiations with Health Administration Corporation;

2. Authorises a purchase price for part Lot 103 DP 877139, comprising an area of approximately 12,950 square metres, up to the amount contained in the confidential attachment;

3. Upon settlement of the acquisition, classifies part Lot 103 DP 877139, as ‘Operational’ land in accordance with the Local Government Act 1993;

4. Keeps confidential the attachment supplied under separate cover containing details of a potential purchase 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 the Council is conducting (or proposes to conduct) business;

5. Notes that further report will be submitted to Council, if Council is successful in the purchase of part Lot 103 DP 877139, to seek Council approval for the most appropriate method to fund the acquisition;

6. Authorises its delegated officer to execute any document, under Power of Attorney necessary to give effect to this decision.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Hadid

That the matter be deferred.

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

ITEM NO: CONF 10

FILE NO: 311982.2016

SUBJECT: Floodplain Management Committee Review

RECOMMENDATION

That Council:

1. Extends the Environmental Advisory Committee’s advisory role to include water and floodplain management related matters;

2. Adopts the revised Draft EAC Charter; and

3. Authorises the Director Infrastructure & Environment to invite the following applicants to become additional members of the Environmental Advisory Committee as community representatives, subject to nominees agreeing to abide by Council’s Code of Conduct:

· Mr. Matthew Rodgers;

· Mr. Gary Lucas; and

· Ms. Rosalyn Faddy.

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.

MOTION TO MOVE INTO CLOSED SESSION

Motion Moved: Mayor Waller Seconded: Clr Hagarty

That Council move into Closed Session to deal with the Mayoral Minute relating to the selection of the Chief Executive Officer pursuant to the provisions of s10A(2)(a) of the Local Government Act because it contains personnel matters concerning particular individuals (other than Councillors).

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

A 5 minute recess was called by the Mayor at 8.09pm following which Council moved into Closed Session at 8.14pm.

Council moved back into Open Session at 10:00pm

Mayoral Minute

ITEM NO: MAYOR 01

FILE NO: 334756.2016

SUBJECT: Selection of Chief Executive Officer

Motion: Moved: Mayor Waller Seconded: Clr Hadchiti

1. That a person has been agreed upon in regards to the CEO position and an offer will be made.

2. The CEO’s Performance Review Panel shall consist of the Mayor, Deputy Mayor, Councillor Rhodes, Councillor Hadchiti and a further Councillor to be selected by the new CEO.

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

All those involved in the recruitment process were thanked by the Mayor for their participation.

THE MEETING CLOSED AT 10.01pm.

Name: Wendy Waller

Title: Mayor

Date: 1 February 2017

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 14 December 2016. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

ITEM NO: MAYOR 01

Clr Hagarty returned to the Chambers at 7.59pm.

Clr Hadchiti left the Chambers at 8.00 pm.

Clr Hadchiti returned to the meeting at 8.03pm.

ITEM NO: MAYOR 01