MINUTES OF THE Ordinary Meeting

HELD ON 22 February 2017

 

 

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Ms Kiersten Fishburn, 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

Ms Julie Scott, Acting Director Economic Development

Mr Kevin Smith, Acting Director Infrastructure and Environment

Mr John Morgan, Director Property and Commercial Development

 

 

 

The meeting commenced at 6.00pm.

 

 

OPENING                                        6.00pm

 

ACKNOWLEDGEMENT OF                   The prayer of the Council was read by Reverend Manoj

COUNTRY, PRAYER OF              Chacko from Liverpool South Anglican Church.

COUNCIL AND AFFIRMATION

TO BE READ BY                          

APOLOGIES                                   Nil

CONDOLENCES                            Nil

Confirmation of Minutes

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That the minutes of the Ordinary Meeting held on 1 February 2017 be confirmed as a true
record of that meeting subject to the following change:   

          That the voting record for IHAP 01 (DA -268/2016 – subdivision of one lot into two           Torrens title lots and the construction of a two storey dwelling on the proposed battle-    axe lot at 6 Torrens Court, Wattle Grove) (as shown on pages 13 and 14 of those   minutes) be corrected to show that Clr Hadchiti had voted for both the motion and the     foreshadowed motion.

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

Declarations of Interest

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

 

Item:          CONF 02 Extension of Waste Collection Contract

Reason:     Clr Shelton has had dealings with one of the parties referred to in the item.

 

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

 

Public Forum

Presentation – items not on agenda                     

1.    Mr Lee Mulvey addressed Council on the following item:

 

Planning Proposal - 6, 8 and 16 Bridges Road and 361 Newbridge Road, Moorebank; and

Planning Proposal - 5-9 Bridges Road, Moorebank.

 

Motion:                      Moved: Clr Shelton              Seconded: Clr Hadid

 

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

 

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

Representation – items on agenda

1.   Mr Frank Mosca addressed Council on the following item:

  DPG 03 – Planning Proposal Lot 1 Governor Macquarie Drive, Warwick Farm

  Motion:                      Moved: Clr Shelton              Seconded: Clr Harle

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

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

 

 

Planning and Growth Report

 

ITEM NO:       DPG 01

FILE NO:        013889.2017

SUBJECT:     On-site Sewage Management Systems DCP Amendment

 

RECOMMENDATION

That Council:

1.       Exhibits the draft amendment to Liverpool Development Control Plan 2008 in relation to Part 1 Section 15 – On-site Sewage Management Systems (OSMS);

2.       Notes that a further report will be submitted to Council following public exhibition if any objections are received; and

3.       Delegates to the CEO the authority to finalise the DCP if no objections are received.

 

COUNCIL DECISION

 

Motion:                                  Moved:      Clr Harle             Seconded: Clr Hadchiti

 

1.    That Council exhibits the draft amendment to Liverpool Development Plan 2008 in relation to Part 1 Section 15 – On-site Sewage Management Systems (OSMS);

 

2.    Notes that a further report will be submitted to Council following public exhibition; and

 

                 i.          The report to include the cost of implementing a “pump out assistance scheme” for properties currently on “Pump out Systems” and based on neighbouring Councils;

 

                ii.          Council to lobby the State Government for financial assistance to those properties currently on a “pump out system” awaiting connecting to sewer systems promised decades ago;

 

               iii.          The report to be presented to Council at its earliest opportunity.

 

3.    Notification of the numbers of residents affected by the new policy to also be included in the report back to Council.

 

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

 

Councillors voted unanimously for this motion.


 

ITEM NO:       DPG 02

FILE NO:        025539.2017

SUBJECT:     Social Impact Assessment Policy

 

RECOMMENDATION

 

That Council adopts the Liverpool Development Control Plan Draft 2008 (Draft Amendment 24) and forwards a copy of the Development Control Plan to the Department of Planning and Environment for notification.

 

COUNCIL DECISION

 

Motion:                                            Moved: Clr Shelton              Seconded: Clr Hagarty

 

That Council does not adopt the Liverpool Development Control Plan Draft 2008 (Draft Amendment 24).

 

Foreshadowed Motion:       Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That the recommendation be adopted.

 

On being put to the meeting the motion (moved by Clr Shelton) was declared LOST.

 

Vote for:             Mayor Waller 

                             Clr Hagarty

                             Clr Kaliyanda

                             Clr Karnib

                             Clr Shelton

 

Vote against:      Clr Ayyad

                             Clr Balloot

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Rhodes

 

The Foreshadowed motion (moved by Clr Hadchiti) then became the motion and on being put to the meeting was declared CARRIED.

 

Vote for:             Clr Ayyad

                             Clr Balloot

                             Clr Hadchiti

                             Clr Hadid

                             Clr Harle

                             Clr Rhodes

 

 

 

Vote against:      Mayor Waller 

                             Clr Hagarty

                             Clr Kaliyanda

                             Clr Karnib

                             Clr Shelton


 

Community and Culture Report

 

ITEM NO:       DCC 01

FILE NO:        326068.2016

SUBJECT:     Sister City Relationships

 

RECOMMENDATION

 

That Council:

 

1.       Receives and notes this report.

2.       Determines which of the existing Sister City relationships should be actively promoted.

3.       Confirms its intention to host a delegation from Toda to celebrate the 25th anniversary of the Sister City relationship between the two cities; and allocates sufficient funding for the visit.

4.       Confirms its intention to further develop the relationship with Fiji and allocates funding for a related program of activities.

5.       Determines whether an in-house or external model should be adopted to promote international relationships to maximise Liverpool’s reputation and enhance cultural, educational, social and economic functions.

6.       Note that, where appropriate, performance metrics will be developed that capture respective economic, social or cultural outcomes emanating from related programs.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.         Receives and notes this report.

2.         Confirms its intention to host a delegation from Toda to celebrate the 25th anniversary of the Sister City relationship between the two cities and also the proposed student delegation from Toda of July and allocates sufficient funding for these purposes.

3.         Confirms its intention to further develop the relationship with Fiji and to maintain its relation with Calabria and allocates funding for a related program of activities.

4.         Determines that an in-house model will be adopted to promote international relationships to maximise Liverpool’s reputation and enhance cultural, educational, social and economic functions.

5.         Notes where appropriate, performance metrics will be developed that capture respective economic, social or cultural outcomes emanating from these programs.

 

Foreshadowed motion:       Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.    Receive and note the report.

 

2.    Confirms its intention to host a delegation from Toda to celebrate the 25th anniversary of the Sister City relationship between the two cities; and allocates sufficient funding for the visit.

 

3.    Note that, where appropriate, performance metrics will be developed that capture respective economic, social or cultural outcomes emanating from related programs.

 

4.    Any overseas travel undertaken by Councillors in relation to sister cities be at their own expense.

 

On being put to the meeting the motion (moved by Clr Shelton) was declared CARRIED.

 

 

Division called:

 

Vote for:             Mayor Waller 

                             Clr Hagarty

                             Clr Harle

                             Clr Kaliyanda

                             Clr Karnib

                             Clr Rhodes

                             Clr Shelton

 

Vote against:      Clr Ayyad

                             Clr Balloot

                             Clr Hadchiti

                             Clr Hadid

 

The Foreshadowed motion (moved by Clr Hadchitti) therefore lapsed.

 


 

Chief Financial Officer

 

ITEM NO:       CFO 01

FILE NO:        024858.2017

SUBJECT:     Investment Report for the month of January 2017

 

RECOMMENDATION

 

That Council receives and notes this report.

 

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 Ayyad left the Chambers at 7.20pm.

Clr Ayyad returned to the Chambers at 7.22 pm.

 

ITEM NO:       CFO 02

FILE NO:        031424.2017

SUBJECT:     Budget Review - December 2016

 

RECOMMENDATION

 

That Council:

 

1.    Receives and notes the report;

 

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

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

That Council:

 

1.    Receives and notes the report;

 

2.    Immediately updates the Local Government Minister on Council’s financial projections.

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Karnib

 

That the recommendation be adopted.

 

On being put to the meeting the motion (moved by Clr Hadchiti) 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) then became the motion and on being put to the meeting was declared CARRIED.

 

Committee Reports

 

ITEM NO:  CTTE 01

FILE NO:        024295.2017

SUBJECT:     Minutes of the Local Traffic Committee Meeting held on 25 January 2017

 

RECOMMENDATION

 

That Council:

 

1.       Receives and adopts the Minutes of the Local Traffic Committee Meeting held on       25 January 2017.

 

2.       Adopts the Local Traffic Committee recommendations as noted in this report.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council:

 

1.    Receives and adopts the Minutes of the Local Traffic Committee Meeting held on 25 January 2017 subject to the following correction to the wording of Item 7 General Business, relating to G4 Woolworths Loading Dock, Casula to be corrected to read:

 

“The Committee was advised that heavy vehicles making deliveries to Woolworths, Casula are reversing from the Hume Highway into the loading dock which is a safety concern.

 

Council is to notify Woolworths to address this concern”.

 

2.    Adopts the Local Traffic Committee recommendations as noted in this report.

 

3.    That the Mayor and Chair of the Intermodal Committee be delegated to appoint community representatives from the Expressions of Interests received.  

 

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


11

 

Clr Hagarty  left the Chambers at 7.39pm.

Clr Kaliyanda left the Chambers at 7.41 pm.

Clr Hagarty returned to the Chambers at 7.41pm.

Clr Kaliyanda returned to the Chambers at 7.43pm

Questions with Notice

 

ITEM NO:       QWN 01

FILE NO:        034483.2017

SUBJECT:     Question with Notice - Clr Harle and Clr Rhodes

 

Questions relating to the Safety aspects of the Liverpool CBD.

Background

During the previous term of Council, Council officers in conjunction with Liverpool Police carried out several safety audits of the Liverpool CBD during both normal business hours and after hours. Members of the audit group included Police Officers, Businesses, Councillors, interested community members and Council staff. Council produced safety audit reports that included recommendations for implementation through a multi-stakeholder approach.

Please address the following:

1.      In summary, what were those recommendations?

The Liverpool CBD Safety Audits were conducted during the day and at night on 8, 14 and 15 March, 2011 and a report was compiled. The following are the summary of recommendations from the report:

·           Improve lighting such as replacement of broken and damaged lighting and install new lighting;

·           Improve general maintenance such as reduction of overgrown vegetation and trees, removal of graffiti, regular rubbish pick-ups including removal of drug and alcohol items;

·           Install a CCTV system;

·           Installation of signage including new ‘Alcohol Free Zones’ signs;

·           Installation of fencing around the electrical boxes at Railway S Way (rear); and

·           Repair of cracked paths and road ways in Augusta Cullen Park and intersection of Norfolk Serviceway and Memorial Ave.

 

2.      Have any of the recommendations been implemented?

 

All the recommendations except the fencing around the electrical boxes at Railway S Way have been implemented. The fences around the electrical boxes were not completed as the Endeavour Energy protocol did not support the proposal, however; Endeavour Energy has increased regular maintenance of the electrical boxes since the audit.

 

3.      What is the overall cost of implementing those recommendations?

 

Historically there is no allocated budget to implement the safety audit recommendations. Therefore, recommendations have been implemented utilising existing resources.  For example, the improvement of general maintenance, including rubbish pick up and removal of graffiti, was covered by existing resources within City Presentation.  Similarly, maintenance of the street lighting, including replacement and repair of the damaged and broken lights, were addressed by Endeavour Energy through a standing contract between Council and Endeavour Energy.

 

4.      How would the implementation of those recommendations impact on the overall effectiveness of the current CCTV monitoring system?

 

The implementation of the recommendations has impacted positively on the overall effectiveness of the current CCTV monitoring system. The CCTV cameras in the CBD have been able to capture clear footage due to regular maintenance of overgrown vegetation and trees and the improvement of lighting.

 

5.      What, if any, funding source was suggested to implement any of the recommendations?

 

There were no identified funding sources recommended at that time of the audit. However, during the period in which the audits were undertaken, Council secured over $600,000 in funding from NSW Department of Justice and the Attorney-General’s Department to implement the CBD safety audit recommendations.   Subsequently, work was undertaken that including the installation of new lighting, CCTV system and safety signage, improved car parks and delivering a number of graffiti art projects and community education and awareness programs and activities.

 

6.      What funding source has been used to maintain and operate the CCTV system to date, e.g. general ratepayers’ rates, Federal and State Government Grants and the City Improvement Fund?

 

The maintenance and operation of the CCTV system has been managed by Council.

 

7.      What is the overall annual maintenance cost of the CCTV camera monitoring system cost to Council?

Council’s annual cost of CCTV is $45,303.50.

 

8.      When does the current funding of the CCTV camera monitoring system cease?

Maintenance is charged as an annual service, with January as the start date and expiring in December of each year.  The current system is currently under a support agreement until the end of December 2017

 

9.      Has any of the recordings, captured by the CCTV Cameras, been used in convicting offenders since the system was activated?

 

Council staff do not possess this information. However, Council’s legal team have advised that criminal convictions invariably depend on a number of sources of evidence, one of which may be CCTV recordings. Council’s Governance team processed 33 requests for CCTV camera footage during 2016 and 4 requests for the period 1 January 2017 – 31 January 2017. Without identifying the nature of particular requests, a number of Police requests have involved footage in connection with the commission of serious criminal offences.

 

10.   How many offences and what type of offences were committed in the Liverpool CBD both prior to, and for the same duration of time after the installation of CCTV cameras?

Council does not possess this information which would have to be supplied by the NSW Police.

 

11.   Do the CCTV cameras assist in any way in apprehending offenders when the crime is being committed?

No.  The monitor for the system is now located in Council’s Administration Centre, rather than the Liverpool Police Station. Therefore, Police officers cannot view live camera footage. Council was not in a position to fund the relocation of the monitor to the new Police station.  Previously, when the monitor was located in the former Police Station on the ground floor of the Moore Street building, designated Police Officers (as per Memorandum of Understanding) were able to view live footage and, on occasion, apprehend persons alleged to be committing criminal offences.

 

12.   Does Liverpool Police provide a city beat patrol service in the Liverpool CBD and at what times?

The Liverpool Local Area Command (LAC) resources are tasked on an intelligence based needs.  This includes foot patrol, mobile patrol and bike Police in the CBD area, in both a covert and overt manner depending on the needs identified.

 

 

Mayor Waller called a recess at 7.44pm


14

 

Mayor Waller resumed the meeting at 7.55pm with all Councillors present.

 

ITEM NO:       QWN 02

FILE NO:        034602.2017

SUBJECT:     Question with Notice - Clr Harle

 

Background

 

When a development application (DA) is assessed that may have a significant effect on neighbouring properties, Councils’ planning policy included notifying surrounding property owners.

 

Please address the following:

 

1.    To what extent, if any, are neighbouring property owners currently notified in:

·           suburban areas; and

·           rural areas?

 

2.    What criteria are used to determine which property owners surrounding a DA are notified?

 

3.    What are the minimum State planning requirements for the above and does Council exceed those?

 

A response to these questions will be provided in the 29 March 2017 business papers.

 

 

 

 

    


15

 

ITEM NO:       DPG 03

FILE NO:        028756.2017

SUBJECT:     Planning Proposal for Lot 1 Governor Macquarie Drive, Warwick Farm rezoning from B5 Business Zone to R4 High Density Residential Zone

 

RECOMMENDATION

That Council:

1.    Endorses in principle the planning proposal for Lot 1 Governor Macquarie Drive, Warwick Farm, subject to the applicant submitting a modified proposal with a maximum floor space ratio (FSR) of 2:1 which equates to approximately 500 residential dwelling units.

 

2.    Delegates to the CEO the authority to finalise the modified planning proposal and submit to DPE for Gateway approval with a recommendation that detailed traffic and flood modelling be included as Gateway conditions;

 

3.    Notes that the CEO will finalise negotiations regarding the proposed voluntary planning agreement and public benefit offer and any other relevant conditions as required to support the proposal, with a report to be presented to a future Council meeting;

 

4.    Notes that funds will be sought in the capital program in the 2017/18 budget to progress land acquisitions for the bypass road; and

 

5.    Notes that a report on a draft Warwick Farm precinct plan will be presented to the July 2017 Council meeting.

COUNCIL DECISION

Motion:                                  Moved:      Clr Shelton         Seconded: Clr Karnib

 

That Council defer consideration of the planning proposal until Council has adopted a broader precinct-wide strategy for Warwick Farm and a report be brought back to Council in July 2017.

 

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

Vote for:                       Mayor Waller

Clr Balloot

Clr Hadchiti

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

 

Vote against:               Clr Ayyad

                                      Clr Hadid


16

 

Chief Executive Officer Report

ITEM NO:       CEO 01

FILE NO:        036262.2017

SUBJECT:     Draft Community Strategic Plan

 

RECOMMENDATION

 

That Council approves the draft Community Strategic Plan to go on public exhibition for 28 days, subject to Council recommendations.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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


17

 

ITEM NO:       CEO 02

FILE NO:        036497.2017

SUBJECT:     Strategic Panel Minutes 13 February 2017

 

RECOMMENDATION

 

That Council receives the minutes of the Strategic Panel held on 13 February 2017.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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


18

 

ITEM NO:       CFO 03

FILE NO:        037198.2017

SUBJECT:     Minutes of Budget Review Panel 9 February 2017

 

RECOMMENDATION

 

That Council adopts the Minutes of the Budget Review Panel meeting held on 9 February 2017.

 

COUNCIL DECISION

 

 Motion:                                 Moved: Clr Hadchiti             Seconded: Clr Kaliyanda

 

That Council adopts the Minutes of the Budget Review Panel meeting held on 9 February 2017 subject to the following correction:

 

·         Under Item 2, Apologies, the minutes to be corrected to show that Clrs Ayyad and Karnib were apologies, in addition to Clrs Kaliyanda and Balloot who are already shown as apologies in the minutes.  

 

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


19

 

 

ITEM NO:       CONF 01

FILE NO:        007525.2017

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 Rhodes              Seconded: Clr Kaliyanda

 

That the recommendation be adopted.

 

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

 

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


20

Clr Shelton left the Chambers at 8.06pm.

ITEM NO:       CONF 02

FILE NO:        021323.2017

SUBJECT:     Extension of Waste Collection Contract

 

RECOMMENDATION

 

That Council:

 

1.          Accepts the proposed extension of contract ST1221 – Provision of Waste Collection Services – with J.J. Richards and Sons Pty Ltd for a period of two (2) years, to end 30 June 2021, and exempt this extension from the tendering requirements pursuant to s.55(3)(i) of the Local Government Act 1993, for the following reasons:

 

a.       The contract was appropriately and comprehensively market tested prior to being initially accepted;

b.      The contract already contains a one (1) year extension clause;

c.       The extension of the contract by a further two (2) years represents best value to Council, for the commercially sensitive reasons outlined in the report of staff;

d.      The extension also incorporates the delivery of additional service enhancements, as set out in the report of staff.

 

COUNCIL DECISION

 

Motion:                                  Moved:      Clr Harle             Seconded: Clr Rhodes

 

That the recommendation be adopted.

 

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

 

Councillors voted unanimously for this motion.

 

Note, Clr Shelton was not in the Chambers during discussion or voting on this item.

 

 


21

ITEM NO:       CONF 03

FILE NO:        021375.2017

SUBJECT:     Acquisition of part Lot 1364 DP 135990, 9 Copeland Street, Liverpool, for drainage purposes

 

RECOMMENDATION

 

That Council:

 

1.   Approves the acquisition of part Lot 1364 DP 135990, 9 Copeland Street, Liverpool, containing an area of approximately 24 square metres, for the price and terms outlined in the confidential report;

 

2.   Upon settlement of the acquisition, classifies the portion of Lot 1364 DP 135990, 9 Copeland Street, Liverpool, being acquired as ‘Community’ land;

 

3.   Keeps confidential the attachment supplied under separate cover containing the acquisition 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 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 Hadchiti             Seconded: Clr Rhodes 

 

That the recommendation be adopted.

 

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


22

ITEM NO:       CONF 04

FILE NO:        036817.2017

SUBJECT:     Minutes of Budget Review Panel 9 February 2017

 

RECOMMENDATION

 

That Council adopts the Minutes of the Budget Review Panel meeting held on 9 February 2017.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

 

That Council adopts the Minutes of the Budget Review Panel meeting held on 9 February 2017 subject to the following correction:

 

·         Under Item 2, Apologies, the minutes to be corrected to show that Clrs Ayyad and Karnib were apologies, in addition to Clrs Kaliyanda and Balloot who are already shown as apologies in the minutes.  

 

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


23

Clr Shelton returned to the Chambers at 8.09pm.

ITEM NO:       CONF 05

FILE NO:        039466.2017

SUBJECT:     25-35 Scott Street, Liverpool - Amendments to proposed Voluntary Planning Agreement

 

RECOMMENDATION

 

That Council:

 

1.    Endorses the amendments to the planning agreement, being the requirement for the monetary contribution outlined in Schedule 1 of the VPA to be paid in one stage prior to 1 June 2017.

2.    Notes that the developer will meet all Council costs including interest.

 

3.    Delegates authority to the Chief Executive Officer (CEO) to execute the planning agreement.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Rhodes              Seconded: Clr Hadchiti

 

That the recommendation be adopted.

 

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

Councillors voted unanimously for this motion.


24

ITEM NO:       CONF 06

FILE NO:        039976.2017

SUBJECT:     Liverpool Service Alliance Staff Survey

 

RECOMMENDATION

 

That Council consider the report of the CEO around the options presented for future conduct of the Liverpool Services Alliance, and determine which option is most appropriate for adoption.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hagarty

 

That Items 6 and 7 be dealt with in Closed Session.

 

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

 

 

 

COUNCIL IN CLOSED SESSION

 

Mayor Waller advised that Council would now move into Closed Session to deal with Items  CONF 06 and CONF 07 pursuant to the provisions of s10(A)(2)(a) and (c) of the Local Government Act because the items contain information that:

 

­   would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business, and

 

­   deal with personnel matters concerning particular individuals other than Councillors

 

To allow time for the gallery to leave the Chambers, Mayor Waller called a short recess at 8.09pm.

 

Mayor Waller resumed the meeting in Closed Session at 8.14pm.


25

ITEM NO:       CONF 06

FILE NO:        039976.2017

SUBJECT:     Liverpool Service Alliance Staff Survey

 

RECOMMENDATION

 

That Council consider the report of the CEO around the options presented for future conduct of the Liverpool Services Alliance, and determine which option is most appropriate for adoption.

 

COUNCIL DECISION

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Hadchiti

 

That Council consider this item in Committee of the Whole.

 

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

 

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

 

That Council:

 

1.    Direct and delegate authority to the CEO to do all things reasonably necessary to bring a lawful end to the arrangement known as the Liverpool Services Alliance, acting in accordance with legal advice and the terms of the contracts comprising the Liverpool Services Alliance.

 

2.    Confirm that this action is likely to incur significant financial cost to the Council, as noted in advice received from staff and external legal advisors.

 

3.    Direct the CEO to advise Council on any such exit costs once they are known, and that such costs be referred through the quarterly budget review process for identification of a suitable funding source.

 

4.    Acknowledge that nothing in this resolution is intended as a repudiation of any contract currently in place between Council and any other party.

 

Foreshadowed motion:       Moved: Clr Ayyad                Seconded: Clr Hadid

 

That Council:

 

1.    Note the report of staff and the options presented.

 

2.    Direct the Chief Executive Officer to proceed with Option 1, as outlined in the report of staff.

 

 

 

Mayor Waller called a recess at 8.52pm.

 

The meeting resumed at 8.57pm.

 

 

On being put to the meeting the motion (moved by Clr Shelton) was declared CARRIED.

 

Division called:

 

Vote for:             Mayor Waller

                             Clr Hagarty

                             Clr Harle

                             Clr Kaliyanda

                             Clr Karnib

                             Clr Rhodes

                             Clr Shelton

 

Vote against:     Clr Ayyad

                             Clr Balloot

                             Clr Hadchiti

                             Clr Hadid

 

The Foreshadowed motion (moved by Clr Ayyad) therefore lapsed.


Urgency Motion – Proposed Moorebank Intermodal

 

Motion:                                  Moved:      Clr Hadchiti                 Seconded: Clr Shelton

 

That Council deal with this matter as a matter of urgency.

 

The Mayor ruled that this matter be dealt with at this meeting as a matter of urgency.

 

 

Motion:                         Moved:      Clr Hadchiti        Seconded: Clr Shelton

 

 

That Council receive and note the verbal report provided by General Counsel and endorses the actions of the CEO.

 

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

 


ITEM NO:       CONF 07

FILE NO:        040589.2017

SUBJECT:     Proposed Organisational Structure

 

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.       Adopts the organisation structure with identified senior staff positions as provided in Attachment One of this report in accordance with s.333 of the Local Government Act 1993;

 

3.       Notes that the introduction of this structure will be implemented on or before 1st July 2017, subject to the completion of any required recruitment processes; and

 

4.       Directs the CEO to undertake research into Development Board or Corporation models.

COUNCIL DECISION

 

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ayyad

 

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; and

 

2.    Defers the consideration of the organisation structure.

 

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Hagarty

 

That the recommendation be adopted.

 

On being put to the meeting the motion (moved by Clr Hadchiti) was declared LOST.

 

 

The Foreshadowed motion (moved by Clr Shelton) then became the motion and on being put to the meeting was declared CARRIED.

 

Division called:

 

Vote for:             Mayor Waller

Clr Hagarty

Clr Harle

Clr Kaliyanda

Clr Karnib

Clr Rhodes

Clr Shelton

 

Vote against:      Clr Ayyad

Clr Balloot

Clr Hadchiti

Clr Hadid

 

 

 

 

Motion:                                  Moved: Clr Harle                  Seconded: Clr Karnib

 

That Council move back into Open Council.

 

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

 

 

 

Council moved back into Open Session at 9.35pm.

 

Mayor Waller read the resolutions (as shown on pages 25-28 of these minutes) relating to CONF 06, CONF 07 and also an item which was dealt with as a matter of urgency, which were discussed during Closed Session.

 

 

 

 

 

THE MEETING CLOSED AT 9.39pm

 

 

<Signature>

Name: Wendy Waller

Title:     Mayor

Date:     29 March 2017

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on  22 February 2017. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.