That the minutes of the Ordinary Meeting held on 27 September 2017 be confirmed as a true record of that meeting, subject to the following change to Item CEO 01 Election of Deputy Mayor:

·         The minutes for that item to be corrected to show that a Foreshadowed Motion was moved in relation to the “Method of Election” by Councillor Kaliyanda and seconded by Councillor Shelton which stated:

That:

1.    Council proceeds with the election of the Deputy Mayor to be conducted by the Returning Officer for the September 2017 – September 2018 period.

2.    The method of election for the position of Deputy Mayor of Liverpool City Council for the term September 2017 – September 2018 be determined by

closed ballot (Ordinary ballot).

The Foreshadowed Motion was not voted on at the 27 September 2017 meeting as the Primary Motion (for the Method of Election to be conducted by open voting - show of hands) was carried.

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

RECOMMENDATION

That Council:

1.    Receives and endorses the 2016-17 audited financial statements;

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

3.    Forwards 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 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.   Notes 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 Hagarty              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.     Supports the street and park names noted in this report; and

2.    Delegates to the Chief Executive Officer (CEO) to begin the process of gazettal.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the recommendations outlined in this report.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Rhodes

That Council receive and note the report.

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

RECOMMENDATION

That Council brings forth a report in December 2017 for endorsement of members of the Tourism and Events Committee.

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.

RECOMMENDATION

That Council:

1.   Confirms the Council meeting time as 6.00pm and Council meeting dates for the 2018 calendar year as follows:

·    7 February 2018

·    28 February 2018

·    28 March 2018

·    26 April 2018

·    30 May 2018

·    27 June 2018

·    25 July 2018

·    29 August 2018

·    26 September 2018

·    31 October 2018

·    21 November 2018

·    12 December 2018

2.   Hold one Council meeting of 2018 in the rural area (with date to be determined by the CEO subject to venue availability).

3.   Places appropriate notices in the local newspapers advising the community of the dates and commencing times of Council meetings for the 2018 calendar year. 

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.

RECOMMENDATION

That Council note and endorse the two Mayoral Directions dated 11 and 13 October 2017 attached to the report.

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.

RECOMMENDATION

That Council determine its voting delegates for the 2017 Local Government NSW Annual Conference and that Local Government NSW be advised accordingly.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council nominate Mayor Waller, Clr Ayyad, Clr Balloot, Clr Hadchiti Clr Hadid, Clr Hagarty, Clr Harle, Clr Kaliyanda, Clr Karnib and Clr Rhodes as its voting delegates for the 2017 Local Government NSW Annual Conference and that Local Government NSW be advised accordingly.

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

Clr Shelton asked that he be recorded as voting for the motion.

RECOMMENDATION

That Council:

1.     Endorses the funding recommendation for the amount of $9,840 (GST exclusive) under the Community Grants Program:

2.     Endorses the funding recommendation for the amount of $10,000 (GST exclusive) under the Corporate Sponsorship (Outgoing) Program:

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Endorse the Draft Cultural Strategy to be placed on public exhibition and undertake a comprehensive consultation process to seek community feedback; and

2.   Present a report in December noting feedback received and any changes made to the draft Strategy in line with community feedback.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Rhodes

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Place the proposed amendments to the Civic Events and Ceremonial Functions Policy on public exhibition for a minimum of 14 days; and

2.    Present Council with a further report following the public exhibition period noting any amendments to the policy resulting from feedback received.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.     Place the proposed amendments to the Civic Events and Ceremonial Functions Policy on public exhibition for a minimum of 14 days; and

2.     Present Council with a further report following the public exhibition period noting any amendments to the policy resulting from feedback received.

3.     Investigate the previous student exchange program with Toda and the possible feasibility of continuing such a program or similar program. A report to be submitted to Council in December 2017.

4.     Congratulate and send a letter of thanks to the relevant staff who were involved in hosting the recent Toda delegation to Liverpool, which celebrated the 25^th anniversary of the Sister Cities relationship.

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

RECOMMENDATION

That Council endorse the following sporting delegates for the Liverpool Sports Committee:

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Shelton

That the recommendation be adopted.

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

RECOMMENDATION

That Council note that the annual pecuniary interest returns of Councillors and designated persons holding office and occupying positions within Council, as at 30 June 2017, are tabled before this meeting, in accordance with section 450A of the Local Government Act 1993.

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.

RECOMMENDATION

That Council receives and notes this report.

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.

RECOMMENDATION

That Council considers and adopts suggested changes to its Investment Policy.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Harle

That Council considers and adopts suggested changes to its Investment Policy and receives a future report on property and investment strategies.

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

RECOMMENDATION

That Council endorse the Western Sydney Regional Waste Avoidance and Resource Recovery Strategy 2017-21.

COUNCIL DECISION

Motion:                                  Moved: Clr Shelton              Seconded: Clr Kaliyanda

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.       Receives and notes the Minutes of the Liverpool Youth Council Meeting held on 13 September 2017 and the Meeting Notes of the Liverpool Youth Council Meetings held on 12 July 2017 and 9 August 2017; and

2.       Endorses the appointment of Mr Phillip Gigliotti as the new member of the Liverpool Youth Council for the remainder of the 2016–2018 Liverpool Youth Council term.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.    Receives and notes the minutes of the Heritage Advisory Committee Meeting held on 18 September 2017.

2.    Endorse the recommendations in the Minutes.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Community Safety and Crime Prevention Advisory Committee Meeting held on Thursday 7 September 2017.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Access Committee Meeting held on Thursday 14 September 2017.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

That the recommendation be adopted.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Liverpool Sports Committee Meeting held on 31 August 2017.

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council adopts the following recommendations in accordance with attached Minutes:

i)    Item 1 - Kurrajong Road, Carnes Hill - Proposed extension of existing bus zone

·     Council approves, in principal, extension of the existing bus zones adjacent to Carnes Hill Marketplace along the northern and southern sides of Kurrajong Road by 40m and 20m respectively, in consultation with the local bus companies.

ii)   Item 2 - Pine Road, Casula - Proposed pedestrian refuge at Pine Road intersection

·     Council approves the proposed pedestrian refuge across Ingham Drive, west of Pine Road, Casula.

iii)  Item 3 - Jardine Drive, Edmondson Park - Proposed roundabouts at Buchan Avenue and Rynan Avenue intersections

·     Council approves the installation of two roundabouts, along Jardine Drive at its intersection with Rynan Avenue and Buchan Avenue and the signs and linemarking scheme, along sections of Buchan Avenue, and Jardine Drive, Edmondson Park.

iv)  Item 4 - Anzac Road, Wattle Grove - Proposed pedestrian crossing at Delfin Drive     
intersection

·     Council notes that the Anzac Road and Delfin Drive Wattle Gove roundabout     
  does not meet the Roads and Maritime Services warrant for a marked 
  pedestrian crossing.

·     Council formalises the existing pedestrian refuges at the Anzac Road and Delfin Drive Wattle Grove roundabout.

v)   Item 5 - Flowerdale Road, Liverpool - Proposed raised threshold at the existing
pedestrian crossing

·     Council approves upgrade of the existing combined crossing to a raised threshold and installation of central median island in Flowerdale Road, in front of Liverpool West Public School.

·     Council consults with Liverpool West Public School prior to undertaking the proposed changes to the existing pedestrian facilities, signs and line markings

COUNCIL DECISION

Motion:                                  Moved: Clr Harle                  Seconded: Clr Hadid

That:

1.    Council adopts the following recommendations in accordance with attached Minutes, with the exception of item 5, which has been amended as shown below:

i)    Item 1 - Kurrajong Road, Carnes Hill - Proposed extension of existing bus zone

·     Council approves, in principal, extension of the existing bus zones adjacent to Carnes Hill Marketplace along the northern and southern sides of Kurrajong Road by 40m and 20m respectively, in consultation with the local bus companies.

ii)   Item 2 - Pine Road, Casula - Proposed pedestrian refuge at Pine Road intersection

·     Council approves the proposed pedestrian refuge across Ingham Drive, west of Pine Road, Casula.

iii)  Item 3 - Jardine Drive, Edmondson Park - Proposed roundabouts at Buchan Avenue and Rynan Avenue intersections

·     Council approves the installation of two roundabouts, along Jardine Drive at its intersection with Rynan Avenue and Buchan Avenue and the signs and linemarking scheme, along sections of Buchan Avenue, and Jardine Drive, Edmondson Park.

iv)  Item 4 - Anzac Road, Wattle Grove - Proposed pedestrian crossing at Delfin Drive     
intersection

·     Council notes that the Anzac Road and Delfin Drive Wattle Gove roundabout     
  does not meet the Roads and Maritime Services warrant for a marked 
  pedestrian crossing.

·     Council formalises the existing pedestrian refuges at the Anzac Road and Delfin Drive Wattle Grove roundabout.

v)   Item 5 - Flowerdale Road, Liverpool - Proposed raised threshold at the existing
pedestrian crossing.

·         This matter is to be referred back to the Traffic Committee for review and returned to Council at the December 2017 Council meeting.

2.    The Traffic Committee review the “No Parking” sign on Macquarie Street in front of the medical centre next to the Macquarie Hotel.

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

RECOMMENDATION

That Council receives and notes the Minutes of the Strategic Panel Meeting held on 9 October 2017.

COUNCIL DECISION

Motion:                                  Moved: Clr Kaliyanda          Seconded: Clr Hadchiti

That the recommendation be adopted.

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

BACKGROUND

Part 3 of the Council resolution from 30 August 2017 regarding DPG 02 Tourism Report, it was resolved that:

“Council reinstate the Tourism and Events Committee and its Charter and be ready for commencement in November 2017”.

QUESTIONS

Please address the following:

Have you set a date for the commencement of the Tourism and Events Committee in November and if so what is that date?

Clr Rhodes no longer requires a response to this question as it was answered in item DPG 03 Tourism and Events Committee Update of this meeting.

Biodiversity Strategic and Management Plan and Liverpool CBD Street Tree and Landscape Management Plan

Council recently removed several trees from the Liverpool CBD area. Several trees of substantial age and canopy cover have been removed from Governor Macquarie Drive Warwick Farm, as well as several more trees that have been recently marked for removal along Moorebank and Anzac Roads, Moorebank one of which is possibly an aboriginal Scar Tree and others that are on the Significant Tree list.

Noting Liverpool’s Biodiversity Strategy and Management Plan was last updated in 2012 and the current Liverpool CBD Street Tree and Landscape Management Plan has mapped strategies and a projected delivery of canopy cover in the Liverpool CBD.

QUESTIONS

Please address the following:

1.    Can Council advise on what progress has been made towards targets for canopy delivery in the Liverpool CBD in accordance with the Urban Streetscape Management Plan?

2.    What percentage of forest area has been lost in the Liverpool LGA as a result of new development over the last 5 years?

3.    What has been the total financial contributions from new developments in the Liverpool LGA towards the biodiversity targets for canopy cover over the last 5 years?

4.    What has been the total tree replacement contribution from new developments into Biobanking and or trees offset in public places, parks or private land?

5.    What is the percentage of significant trees affected by new development in the Liverpool LGA and managed in the Biodiversity Strategy and Management Plans, Liverpool Council Tree Management Plans and Council Planning Instruments that have been saved from removal over the past 5 years?

6.    What is the percentage of significant trees affected by new development in the Liverpool LGA and managed in the Biodiversity Strategy and Management Plans, Liverpool Council Tree Management Plans and Council Planning Instruments that have been removed over the past 5 years?

7.    Are Council’s subcontract agreements for tree removal in the Liverpool LGA based on an agreement of an estimated quota for number of tree removals per contractual agreement or are the agreements on an “as needed” agreement only?

A response to these questions will be provided in the November 2017 Business Papers.

BACKGROUND

Public Speakers at the Council meeting of the 30^th July 2017 raised concerns regarding a substantial amount of soil, shale and unclean fill brought onto the New Bright Golf Club at Stewart Avenue Hammondville.

The DA dealing with this matter is:  DP 1193300; DA 517/2013

https://eplanning.liverpool.nsw.gov.au/Pages/XC.Track/SearchApplication.aspx?id=264457

Residents of the area raised concerns re large amounts of fill brought onto the site, the type of fill and possible flooding effects on the area over time.

QUESTIONS

Please address the following:

1.    Has Council investigated the concerns raised by residents and responded to emails?

2.    Has Council inspected the site to ensure it complies with DA specifications?

3. Has the EPA inspected the site and raised any concerns?

4. Specifically:

a.      Does the fill comply with the DA conditions?

b.      What is the total amount of fill allowed to be brought onto the site? Or

c.      What is the increased ground height and does that comply with DA requirements? 

d.      What is the type of fill material and source?

e.      Are there any restrictions as to the specific area that the fill can be deposited?

f.       Are there any “leaching effects” of the fill onto the surrounding area and or water quality?

g.      Are there any detrimental effects of flooding in the area that may be caused by the quantity of this fill?

A response to these questions will be provided in the November 2017 Business Papers.

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1.    Write to the Minister for Transport expressing Liverpool Council’s and our community’s disappointment in to the new draft timetable;

2.   Advocate on behalf of our community for the following changes to the timetable:

·   a genuine express service from Liverpool to the CBD during peak;

·   no marked changes to the Liverpool via Granville line; and

·   more frequent and better quality services, particularity on the Cumberland line.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Kaliyanda

That Council:

1.    Write to the Minister for Transport suggesting improvements to the new draft timetable;

2.   Advocate on behalf of our community for the following changes to the timetable:

·   a genuine express service from Liverpool to the CBD during peak;

·   no marked changes to the Liverpool via Granville line; and

·   more frequent and better quality services, particularity on the Cumberland line.

3.    Acknowledge the extra services adopted by the state government between Liverpool and the City.

4.    Continue to lobby the state government to put in place an express service between Liverpool and the City.

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

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council write to the CEO of the Climate Council of Australia requesting Liverpool City Council participate in the next round of the Cities Power Partnership.

COUNCIL DECISION

Motion:                                  Moved: Clr Hagarty              Seconded: Clr Shelton

That Council

1.    Write to the CEO of the Climate Council of Australia requesting Liverpool City Council participate in the next round of the Cities Power Partnership.

2.    Research all Council’s options offered by the Cities Power Partnership, the State Government Climate Change Fund Strategy, Plan to Save NSW Energy and Money and WSROC’s participation in such plans and report to the Strategic Panel so that all options can be carefully tabled and considered to avoid duplication and permit Council to determine what will be the best and the most efficient means for Council to address these issues and with whom such engagements should be made.

Foreshadowed motion:       Moved: Clr Rhodes              Seconded: Clr Hadchiti

That Council

1.    Research all Council’s options offered by the Cities Power Partnership, the State Government Climate Change Fund Strategy, Plan to Save NSW Energy and Money and WSROC’s participation in such plans and report to the Strategic Panel so that all options can be carefully tabled and considered to avoid duplication and permit Council to determine what will be the best and the most efficient means for Council to address these issues and with whom such engagements should be made.

2.    After point 1 is carried out, then Council write to the CEO of the Climate Council of Australia requesting Liverpool City Council participate in the next round of the Cities Power Partnership.

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

Division called (motion moved by Clr Hagarty):

Vote for:                                Clr Hagarty

                                               Clr Kaliyanda

                                               Clr Karnib

                                               Clr Shelton

Vote against:                        Mayor Waller

                                               Clr Ayyad

                                               Clr Balloot

                                               Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Rhodes

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

Division called (motion moved by Clr Rhodes):

Vote for:                                Clr Ayyad

                                               Clr Balloot

                                               Clr Hadchiti

                                               Clr Hadid

                                               Clr Harle

                                               Clr Kaliyanda

                                               Clr Rhodes 

Vote against:                        Mayor Waller

                                               Clr Karnib

                                               Clr Hagarty

                                                Clr Shelton

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.   Amend the timing of the Compliance Levy to be charged at the ‘Prior to the issue of a Construction Certificate’ stage, similar to the Section 94 contribution; and

2.   All revenue to be used towards development and compliance applications.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That:

1.    Council receive and note the Chief Executive Officer’s Comments to the Notice of Motion (as shown below).

2.    All revenue to be used towards development and compliance applications.

Foreshadowed motion:       Moved: Clr Shelton              Seconded: Clr Karnib

That Council receive and note the Chief Executive Officer’s Comments to the Notice of Motion (as shown below).

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

Recurring Compliance Activities

Actuals

Budget

FY 15/16

FY 16/17

FY 17/18

Revenue from Environmental Compliance Levy

-1,262,738

-3,145,767

-2,710,000

Employee Costs

869,775

2,378,746

2,201,139

Legal Costs

127,291

197,079

102,000

Tipping Fees

183,686

125,828

147,514

Total Expenditure

1,180,752

2,701,653

2,450,653

(Surplus) / Shortfall

-81,986

-444,115

-259,347

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.   Prepare costings on the construction of half the road which fronts Craik Park;

2.   Direct the CEO to find a funding source if the construction does not qualify for funding under the Section 94 plan for that area; and

3.   Report back to Council at the second February 2018 meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council receive and note the Chief Executive Officer’s Comments to the Notice of Motion (as shown below).

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

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.   Direct the CEO to prepare a timeline for a review of the Section 94 Contributions plan; and

2.   Report the timeline back to Council in the December meeting.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Ayyad

That the motion (submitted by Clr Hadchiti) be adopted.

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

NOTICE OF MOTION (submitted by Clr Hadchiti)

That Council:

1.    Direct the CEO to undertake an issues and options report for areas in the city centre not affected by amendment 52 to encourage consolidation of lots and redevelopment opportunities for older housing stock and to consider the viability of an amended bonus scheme;

2.    Investigate a bonus scheme which encourages/mandates roof top gardens on RFB’s; and

3.    Report the findings to the second meeting in February 2018.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.   Direct the CEO to undertake an issues and options report for areas in the city centre not affected by amendment 52 to encourage consolidation of lots and redevelopment opportunities for older housing stock and to consider the viability of an amended bonus scheme subject to this being in line with the draft district plan;

2.   Investigate a bonus scheme which encourages/mandates roof top gardens on RFB’s; and

3.   Staff report the findings to a Council meeting in a reasonable amount of time.

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

RECOMMENDATION

That Council:

1.    Accept the Tender from the below listed contractors for Tender RCL2630 – Supply of Ready Mixed Concrete for an initial two year contract term with the option of extending two by twelve months:

       Advanced Readymix and Concrite Pty Ltd

2.    Makes public its decision regarding tender RCL2630 – Supply of Ready Mixed Concrete.

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.    This report has been brought to Council because the Chief Executive Officer’s instrument of delegation, approved by Council in accordance with the current provisions of section 377 of the Local Government Act 1993, only permits the Chief Executive Officer to approve (and not to reject) tenders up to a value of $1 million.

5.    Keeps confidential the details supplied in this report containing information on the submissions received 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 Hadid

That the recommendation be adopted.

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

RECOMMENDATION

That Council:

1.   Delegate authority to the Chief Executive Officer to finalise negotiations and purchase part of Lot 103 DP 877139, comprising an area of approximately 12,950 square metres for the sum set out in the confidential report of staff, from the Health Administration Corporation;

2.   In the event negotiations are successful, direct that any documentation required to give effect to the purchase be executed under Power of Attorney;

3.   Upon settlement of the acquisition, classifies the land so purchased, being 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; and

5.   Authorise the execution of any necessary document under Council’s Power of Attorney to give effect to this resolution.

COUNCIL DECISION

Motion:                                  Moved: Clr Hadchiti             Seconded: Clr Hadid

That Council:

1.            Delegate authority to the Chief Executive Officer to finalise negotiations and purchase part of Lot 103 DP 877139, comprising an area of approximately 12,950 square metres for the sum set out in the confidential report of staff, from the Health Administration Corporation;

2.            In the event negotiations are successful, direct that any documentation required to give effect to the purchase be executed under Power of Attorney;

3.            Upon settlement of the acquisition, classifies the land so purchased, being 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; and

5.            Authorise the execution of any necessary document under Council’s Power of Attorney to give effect to this resolution.

6.            Apply for a TCorp loan and use this to fund the purchase.

7.            Quarantine any excess funds from the deal to be used to pay the TCorp loan referred to in point 6.

Foreshadowed motion:       Moved: Clr Rhodes              Seconded: Clr Harle

That the recommendation be adopted.

On being put to the meeting the motion (moved by Clr Hadchiti) was declared CARRIED and the Foreshadowed motion (moved by Clr Rhodes) LAPSED.

Division called (on the motion moved by Clr Hadchiti):

Vote for:                                Mayor Waller

                                               Clr Ayyad

                                               Clr Balloot

                                               Clr Hadchiti

                                               Clr Hadid

                                               Clr Hagarty

                                               Clr Kaliyanda

                                               Clr Karnib

                                               Clr Shelton

Vote against:                        Clr Harle

                                               Clr Rhodes

RECOMMENDATION

That Council receives and notes the report concerning the Legal Affairs of Council.

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.