MINUTES OF THE Ordinary Meeting

HELD ON 30 May 2018

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 Tim Moore, Director City Economy and Growth / Deputy CEO

Mr Chris White, Director City Corporate

Ms Tina Sangiuliano, Acting Director City Community and Culture

Dr Eddie Jackson, Director City Deal

Ms Margaret Diebert, Acting Director City Presentation

Mr Raj Autar, Director City Infrastructure and Environment

Mr John Morgan, Director Property and Commercial Development

The meeting commenced at 6.00pm.

OPENING 6.00pm

Prayer

ACKNOWLEDGMENT OF COUNTRY, The prayer of the Council was read by Pastor

PRAYER OF COUNCIL AND Stephen Reddish of New Life Christian Ministries.

AFFIRMATION TO BE READ BY

NATIONAL ANTHEM The National Anthem performed and recorded by

Rebekah Ferro was played at the meeting.

APOLOGIES Nil

CONDOLENCES

Uncle Stephen Williams (read by Mayor Waller)

Uncle Stephen Williams was born 30 July 1952 and died 16 April 2018 after a lengthy illness.

A proud Wiradjuri man and local Aboriginal Elder, Uncle Stephen had lived in the Liverpool area for most of his life. During this time, he had been an integral part of the Liverpool community. He used his experiences and knowledge as a Wiradjuri man to educate and inform the wider community on the lives and culture of Aboriginal people, both locally and further afield. Uncle Stephen utilised his artistic skills to share the stories of Aboriginal people with local communities. He regularly volunteered his time to projects such as Council’s Aboriginal Consultative Committee, and Strong Fathers, Strong Families; a project which engages Aboriginal men in the community and encourages them to be positive role models. He hosted many Aboriginal art workshops to engage the community, including working on several large mural projects in the Liverpool area.

Uncle Stephen was a constant presence at Council events and functions. He was often called upon to conduct smoking ceremonies and Acknowledgements to Country. Uncle Stephen was honoured for his commitment to volunteering and contributing to the local community by being named Liverpool’s “Citizen of the Year” in 2014.

Uncle Stephen was a warrior for Liverpool, a proud Wiradjuri man, an advocate for Aboriginal people and culture, and most importantly, a long-time friend to many here at Council. He will be very missed by all in the Liverpool community.

On behalf of all at Liverpool City Council, I humbly express my deepest condolences to Uncle Stephen’s family and friends at this difficult time. I am sure that Uncle Stephen’s community spirit will live on in all those whom had the pleasure of knowing him.

May he rest in peace.

Motion: Moved: Mayor Waller Seconded: Clr Hadchiti

That Council writes to the family of Uncle Stephen Williams expressing our condolences for their loss.

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

Confirmation of Minutes

Motion: Moved: Clr Shelton Seconded: Clr Rhodes

That the minutes of the Ordinary Meeting held on 26 April 2018 be confirmed as a true record of that meeting subject to the following comment and change:

In relation to QWN 01 Question With Notice - Clr Hadchiti;

i) The outcome of the remaining Council court appearances shown on pages 27 and 28 of the minutes be provided to Councillors once known; and

ii) The response to question 6 was updated and provided to Councillors via memo and the response is copied below;

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

Declarations of Interest

Clr Rhodes declared a non-pecuniary, less than significant interest in the following item:

Item: NOM 02 Better Land Use Support

Reason: Clr Rhodes is on the Planning Panel.

Clr Rhodes left the Chambers for the vote of this item.

Clr Harle declared a non-pecuniary, but significant interest in the following item:

Item: NOM 02 Better Land Use Support

Reason: Clr Harle is on the Planning Panel.

Clr Harle left the Chambers for the vote of this item.

Public Forum

Presentations (items not on agenda)

Nil

Representations (Items on Agenda)

1. Ms Fiona Macnaught addressed Council on the following item:

NOM 02 Better Land Use Support

2. Mr Michael Andjelkovic addressed Council on the following item:

COM 04 Edmondson Park Community Infrastructure Update

Motion: Moved: Clr Shelton Seconded: Clr Kaliyanda

That a three minute extension of time be given to the speaker.

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

Clr Hadchiti asked this name be recorded as having voted against the above motion to grant an extension of time.

3. Mr Ricardo Lonza will address the Council on the following item:

NOM 03 Saving Our Koalas

URGENCY MOTION

Background

A report in last weekend’s Sunday Telegraph reported that the Parramatta Bronto blew an engine last week and is now offline.

The Parramatta Bronto was the closest appliance of its kind to Liverpool, with the closest one now at Crows Nest.

When the Paper Mill caught fire last September it was this Parramatta Bronto which was the primary appliance in use. It was this vehicle that the firefighters used to access the building and eventually put the fire out.

With this vehicle now offline and the ever increasing number of high rises being constructed in Liverpool, it is a matter of urgency that the Mayor contact the State Government to answer the following questions:

Motion: Moved: Clr Hagarty Seconded: Clr Hadchiti

That Council:

Direct the Mayor to write to the State Government authority and minister as soon as possible asking the following:

1. How long will the Parramatta Bronto be offline?

2. What alternative arrangements have been put in place to ensure there are adequate aerial appliances within a reasonable distance of the Liverpool CBD?

The Mayor ruled that this was a matter of urgency and as such, the above motion was dealt with at this meeting.

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

URGENCY MOTION

Clr Ayyad expressed her disappointment of the ‘white flight’ in Western Sydney comment recently made by the NSW Opposition Leader, Mr Luke Foley and proposed a motion regarding the matter.

In accordance with Clause 16.6.2 of Council’s Code of Meeting Practice, the Mayor ruled

that the business proposed was not a matter of urgency, however she agreed that she would write to the NSW Opposition Leader to point out that Council has concerns about the disharmony such comments could make in this area.

ITEM NO: COM 03

FILE NO: 131660.2018

SUBJECT: Redevelopment of Phillips Park, Lurnea

RECOMMENDATION

That Council:

1. Adopts the Draft Landscape Masterplan Report attached and as outlined in figure 2 for redevelopment of Phillips Park, Lurnea;

2. Notes that a detailed design will now proceed on the basis of the Draft Landscape Masterplan Report; and

3. A further report be brought forward to Council addressing the tennis needs for Lurnea and surrounding areas in line with the strategic directions outlined in the Draft Recreation, Open Space and Sports Strategy.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That Council:

1. Adopts the Draft Landscape Masterplan Report attached and as outlined in figure 2 for redevelopment of Phillips Park, Lurnea;

2. Notes that a detailed design will now proceed on the basis of the Draft Landscape Masterplan Report;

3. A further report be brought to the August 2018 Council meeting addressing the tennis needs for Lurnea and surrounding areas in line with the strategic directions outlined in the Draft Recreation, Open Space and Sports Strategy. The report is to also include a list of proposed alternative sites and timeframes and costs associated with those alternatives for tennis facilities; and

4. Take into consideration the outcomes of the childcare needs studies currently being undertaken and also consideration of an income generating asset in the review of the final Master Plan for the community facilities.

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

ITEM NO: COM 04

FILE NO: 138569.2018

SUBJECT: Edmondson Park Community Infrastructure Update

RECOMMENDATION

That Council:

1. Receives and notes staff’s report concerning the Edmondson Park Community Forum, and the future delivery options for the delivery of infrastructure in Edmondson Park;

2. Notes that, in the event terms can be agreed within the expected timeframe, a report concerning the status of a Voluntary Planning Agreement with Frasers is expected to be brought to Council for consideration in the coming months;

3. Directs the CEO to write to Landcom and request a briefing for Councillors in relation to their plans and strategies concerning the future delivery of infrastructure and open space in Edmondson Park;

4. Directs the CEO to continue making representations to Transport for NSW concerning the inadequate commuter car parking situation in Edmondson Park, and the impact this situation is having on residents of the suburb and surrounding catchment;

5. Notes the ongoing efforts of the CEO and staff to engage with the Independent Pricing and Regulatory Tribunal (IPART) on seeking approval to close the Section 94 funding gap as discussed in the report, with a view to providing additional funding of infrastructure delivery in Edmondson Park and elsewhere;

6. Approves and adopts the proposed strategy to forward-fund the land cost shortfalls identified for the Bernera Road Extension project and Edmondson Park Flood Detention Basin project as outlined in this report, noting that this funding model may serve as a blueprint for future up-front infrastructure delivery where available;

7. Approves application(s) for loan(s) under the NSW Government Low Cost Loans Initiative to give effect to the strategy;

8. Delegates authority to the CEO and Council’s nominated Power of Attorney holder to execute any required documentation to give effect to this resolution;

9. Directs the CEO to include the repayment of these loans in future budget review processes, and in future s.94 contribution plans applicable to Edmondson Park and surrounding areas;

10. Directs the CEO to repay elements of the loan funding in advance of the listed schedule, if and when funding for such a purpose becomes available from either additional HAF grant funding, or from additional s.94 contributions assigned for this purpose; and

11. Direct the Common Seal of Council to be applied to any document required to be executed to give effect to this resolution, as and if required by the NSW Treasury Corporation.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That Council:

1. Receives and notes staff’s report concerning the Edmondson Park Community Forum, and the future delivery options for the delivery of infrastructure in Edmondson Park;

6. Approves and adopts the proposed strategy to forward-fund the land cost shortfalls identified for the Bernera Road Extension project and Edmondson Park Flood Detention Basin project as outlined in this report, noting after further evaluation that this funding model may serve as a blueprint for future up-front infrastructure delivery where available;

7. Approves application(s) for loan(s) under the NSW Government Low Cost Loans Initiative to give effect to the strategy;

8. Delegates authority to the CEO and Council’s nominated Power of Attorney holder to execute any required documentation to give effect to this resolution;

9. Directs the CEO to include the repayment of these loans in future budget review processes, and in future s.94 contribution plans applicable to Edmondson Park and surrounding areas;

11. Direct the Common Seal of Council to be applied to any document required to be executed to give effect to this resolution, as and if required by the NSW Treasury Corporation.

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

ITEM NO: CTTE 02

FILE NO: 132872.2018

SUBJECT: Minutes of the Liverpool Heritage Advisory Committee Meeting held on 7 May 2018

RECOMMENDATION

That Council:

1. Receives and notes the Minutes of the Liverpool Heritage Advisory Committee Meeting held on 7 May 2018; and

2. Endorse the recommendations in the Minutes.

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Rhodes

That the recommendation be adopted subject to the following amendments:

· The date in the first sentence under the heading of “5.1 Former Liverpool Courthouse” on page 149 of the Council Agenda be corrected from November 2018 to “November 2017” so that the sentence reads as follows:

“The building was state heritage listed in November 2017 and is currently vacant”.

· The third sentence under the heading of “Strategic direction” on page 152 of the Council Agenda was said by Peter Savidis. His name is to be included in that paragraph so that the first part of the information under that heading is to read as follows;

“Clr Rhodes noted the strategy is a step in the right direction however not all aspects were agreed to on her part. However as Liverpool being the 4th oldest town in Australia, it should showcase the rare significance of the buildings to the public and would be of great service.

Peter Savidis said: ‘As people in the community are fragmented and don’t share Information with each other, a lot of work will need to be done to improve a sense of community and connection to these sites and the people surrounding’”.

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

Notices of Motion

ITEM NO: NOM 01

FILE NO: 136768.2018

SUBJECT: Library Opening Hours

BACKGROUND

The Liverpool Youth Council has been advocating for the extension of opening hours of the Liverpool City and Carnes Hill Libraries for the period of the HSC trial and final exams during their term.

They have consulted widely with young people who use the libraries for study and support during their exams, and believe that extending the opening hours would not only be beneficial for young people in the Liverpool LGA, but that these measures would be enthusiastically supported by young people and their families.

Recently, Council officers provided advice that extending the opening hours of both Liverpool City and Carnes Hill libraries to 9am – 8.30pm Monday to Sunday during the HSC period would have significant budget implications. The suggested alternative was to change the late closing of Green Valley Library from Tuesday and Thursday to Monday and Wednesday, and to open Carnes Hill Library till 8pm from Monday – Friday.

This would allow the Liverpool network to have 3 libraries open until 8pm most nights of the week for the 9 week HSC period. It would do so without as significant a budget impact.

Upon discussion with members of the Liverpool Youth Council, this was thought to be a reasonable initiative to trial in the 2018 HSC period, with data to be collected to inform future direction of library opening hours.

NOTICE OF MOTION (Submitted by Clr Kaliyanda)

That Council:

1. Change the late opening hours of Green Valley Library to Monday and Wednesday rather than Tuesday and Thursday during the HSC period;

2. Open Carnes Hill Library until 8pm from Monday to Friday during the HSC period;

3. Monitor the attendance/usage of library facilities by students during the HSC period; and

4. Develop a community survey for students and their families to monitor and evaluate the impact of these changes on them.

COUNCIL DECISION

Motion: Moved: Clr Kaliyanda Seconded: Clr Hadchiti

That Council:

1. Change the late opening hours of Green Valley Library to Monday and Wednesday rather than Tuesday and Thursday during the HSC period;

2. Open Carnes Hill Library and Liverpool Library until 8pm from Monday to Friday during the HSC period;

3. That the other libraries (Moorebank, Miller and Casula) also be opened for two 2 nights per week until 8.00pm during the HSC period;

4. Monitor the attendance/usage of library facilities by students during the HSC period;

5. Develop a community survey for students and their families to monitor and evaluate the impact of these changes on them; and

6. Data to come back to Council in relation to usage of the libraries during the extended hours.

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

Clr Rhodes and Clr Harle declared a non-pecuniary interest in respect of NOM 02 and were not in the Chambers when this item was voted on.

ITEM NO: NOM 02

FILE NO: 137668.2018

SUBJECT: Better Land Use Support

Background

Council has spent considerable resources in challenging the development application for a recycling plant on the site better known as the Moorebank Recyclers.

Unfortunately, Council and the community lost its battle and consent was granted.

Recently the CEO advised Council that the site has been sold and the new owner will consider other options.

Council and the community celebrated this news as after a long battle, a better more suited planning outcome for that site may be achieved.

It is now up to the new owners to progress any proposal for the site but as a Council it is important to make clear and official our in principle support for a more suited land use.

NOTICE OF MOTION (Submitted by Clr Hadchiti)

That Council:

1. In principle, support a proposal for a residential (and auxiliary) land use on the site known as the Moorebank Recyclers in lieu of a recycling facility;

2. Note that any proposal needs to undergo the standard assessment process;

3. Work closely with the proponent to ensure the best possible outcome for the site in a timely manner, should a proposal be received; and

4. Organise a community BBQ once and if the development approval for the recycling plant is surrendered.

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Ayyad

That the recommendation be adopted.

Amendment: Moved: Clr Hagarty Seconded: Clr Kaliyanda

That when and if a new development application is put forward, that the proponent work with the local community as soon as practical.

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

The Motion (moved by Clr Hadchiti) was then put to the meeting and was declared CARRIED.

Division called:

Vote for: Mayor Waller

Clr Ayyad

Clr Balloot

Clr Hadchiti

Clr Hadid

Clr Hagarty

Clr Kaliyanda

Clr Karnib

Vote against: Clr Shelton

Note: Clr Rhodes and Clr Harle were not in the Chambers when this item was voted on.

Clr Rhodes returned to the Chambers at 7.15pm.

Clr Harle returned to the Chambers at 7.15pm

ITEM NO: NOM 03

FILE NO: 140742.2018

SUBJECT: Saving Our Koalas

Background

Koalas are one of Australia's most iconic animals, recognisable around the world. However, Koala populations are under increasing pressure. Koala conservation programs are being undertaken on a national, state and local level and Liverpool needs to do its part.

The Koalas of the Georges River corridor do not stop at the Liverpool/Campbelltown LGA borders, they move through bushland and along the Georges River gorge from Appin, through Wedderburn to Kentlyn, then onto Glenfield.

They go beyond the Campbelltown Council area, through suburbs like Holsworthy, Wattle Grove, Moorebank and the Army lands in the LGA of Liverpool, then on to Sandy Point and turn up in places like Menai in the Sutherland Shire.

So all the LGAs of Wollondilly, Campbelltown, Liverpool, Wingecarribee, Sutherland and Wollongong share this Koala colony and should act to protect it, each of these LGA’s have a responsibility to engage and accept their part in preserving our Koala population.

All LGA’s who share this last and only Australian colony of remaining disease-free koalas, need to work collaboratively with the State Government Office of Environment and Heritage and the Roads and Maritime Service and the Army so as to protect habitat and provide 'safe' ways for koalas to cross roads.

In the last two months 9 Koalas have been killed on roads, 8 on the Appin Rd and another on Heathcote Road. With other reports of another Koala killed on the Moorebank Road.

Fencing and wildlife underpasses and overpasses are implemented elsewhere (Queensland an NSW North coast) so why not for these Koalas in this part of Sydney?

Liverpool Council is to be congratulated in that we are already engaged with projects that are being undertaken under the existing Saving Our Species (SOS) program that is facilitated by the Office of Environment and Heritage (OEH), but we need a collaborative approach that reaches beyond these projects and the Liverpool LGA and addresses the issues for the South West Sydney colony of Koalas who do not abide by LGA boundaries.

What we now ask Liverpool Council to do is support and participate in the “Protecting the koalas of South West Sydney Summit” and work collaboratively by bringing everyone to the table that includes Local State and Federal MP's and Candidates, adjoining Councils, State Environmental representatives, State Planning, Roads & Maritime Services, National Parks, Total Environment Centre, local environmental groups, and community members.

Liverpool Council CEO states “Council cannot ignore that this Koala population is travelling and even populating parts of the Liverpool LGA and they need our protection”.

Liverpool Council needs to take a pro-active stance, support the Summit, work collaboratively with our neighbouring LGA’s who advocate for even greater collaboration in bringing all Government departments and the community to the table so that a regional sustainable South West Sydney koala solution may be implemented.

Please follow the link below and sign the petition to help protect our Koalas

https://www.thepetitionsite.com/298/817/733/save-sydney-koalas/

NOTICE OF MOTION (Submitted by Clr Rhodes)

That Council Investigate and report back to Council July Meeting 2018 on:

1. The provision of a Koala Management Plan that supports the State Government and neighbouring LGA’s Koala Management Plans for the protection of Koala habitat and migration paths along the Georges River that includes the provision of 'safe' ways for koalas to cross roads; and

2. Write to the State Government to request funding through the NSW Koala Strategy that includes their commitment to “fixing priority road-kill hotspots across NSW”, to include the migration routes along the Georges River and through the Liverpool LGA.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Hagarty

That Council:

1. Continues to support the State Government initiatives and actions to preserve

and enhance Koala population through the NSW Koala Strategy;

2. Also support by means of collaboration and participation in a Wollondilly 'Conserving the Koalas of South Western Sydney' Summit, that further advocates for an integrated comprehensive koala conservation plan for South Western Sydney. The focus of which will bring key players together to develop strategies to better conserve koala populations dealing with issues of connected habitat corridors, reducing road strike issues and disease management. Invitees would include Local State and Federal MP's and Candidates, adjoining Councils, State Environmental representatives, State Planning, Roads & Maritime Services, National Parks, Total Environment Centre, local environmental groups, and community members;

3. The petition circulated by Wollondilly Council be placed in Council’s libraries; and

4. Clr Rhodes, and any other interested councillors, be nominated to attend the summit as Council’s representatives.

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

ITEM NO: NOM 04

FILE NO: 140801.2018

SUBJECT: Toda Exchange Student Program

Background

Liverpool Council has committed to re-establishing the Council Student Exchange Program with our Sister City Toda.

Despite that there has been interest from a number of our local schools in participating in the Liverpool Council Program to send students to Toda it seems that there is not enough time to organise such participation for September 2018.

However some of the schools participating have concerns about the financial constraints some families may have in being able to participate, due to the cost involved. If Council was to consider on a case by case framework of financial support to those in need it would make the student exchange available to the broader student community within our LGA.

I remind Council that the single most important objective raised by our fellow Councillors from Toda last year was their wish that Liverpool re-engage in the Student Exchange Program with them. They wished that the program be reinstated this year but knowing that it is not possible it is even more important that we make the student exchange program a success on the next available occasion.

It would be a great disappointment to our Sister City if this was not to happen because the schools participating are from socio-economic disadvantaged areas.

Councils financial assistance to make it happen would go a long way to promoting the Program at the participating schools and ensuring greater interest and the on-going success of the program in following years.

The cultural exchange through participating schools is not to be under estimated in measuring positive outcomes, not only for the participating Students but also for the Liverpool economy by encouraging business and other cultural exchanges and opportunities that can only be of benefit to the entire Liverpool Community.

The other single most important topic of discussion by the members of the Toda delegation here in Australia, was Business.

Considering that Liverpool cannot fulfil their first request in September to re-engage the Student exchange program, it would perhaps be of interest to both the people in Toda and here in Liverpool to include representatives from the Business sector.

There are many Business organisation in Liverpool who would be interested in attending should Council and Toda agree and I am sure that Toda would look favourably upon Liverpool Council meeting at least one of their objectives mentioned when they last visited Australia.

I ask Councillors to support the motion.

NOTICE OF MOTION (Submitted by Clr Rhodes)

If the Toda Student exchange Program is to commence in September 2018, that Liverpool Council consider, on an individual application basis:

Granting financial assistance to applications from students wishing to travel to Toda as a part of the Liverpool Council Toda Student Exchange Program in 2018.

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That Council:

Considers granting financial assistance to applications from Students wishing to travel to Toda as a part of the Liverpool Council Toda Student Exchange Program on a case by case basis;

Investigate if Toda would welcome a business representation to be a part of the October 2018 Sister City cultural exchange;

If approved invite business representatives who would like to participate in the 2018 Toda Cultural Sister City exchange on the basis that they fund their own expenses; and

If a Councillor becomes an elected State or Federal member, then they are to pay their own expenses for the Toda trip.

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

Confidential Items

ITEM NO: CONF 01

FILE NO: 129474.2018

SUBJECT: Compulsory Acquisition of Lot 21 DP 1231320, Lot 21 Gurner Avenue, Austral (formerly part of 185 Gurner Avenue, Austral) for drainage purposes

RECOMMENDATION

That Council:

1. Proceeds with the compulsory acquisition of that part of Lot 21 DP 1231320 being zoned ‘SP2 Infrastructure”, for the purposes of drainage;

2. Proceeds with the making of the necessary application to the Minister for Local Government and the Governor in accordance with Section 187 of the Local Government Act 1993 to obtain approval to provide an acquisition notice if required, and commence compulsory acquisition of Lot 21 DP 1231320 in accordance with the provisions of Section 24 of the Land Acquisition (Just Terms Compensation) Act 1991 and Section 69 of the Supreme Court Act 1970;

3. Authorises the CEO and/or her nominee to negotiate with the owners to acquire Lot 21 DP 1231320 at the value as determined in an updated valuation report;

4. Authorises the Chief Executive Officer to approve any payments required for the acquisition of Lot 21 DP 1231320 by either agreement, or if agreement is not reached, at the Valuer General’s determination; 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 Shelton Seconded: Clr Hagarty

That the recommendation be adopted.

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

COUNCIL IN CLOSED SESSION

Motion: Moved: Clr Harle Seconded: Clr Hadchiti

That Council move into closed session to deal with CONF 02 and CONF 03.

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

Mayor Waller advised that Council would now move into Closed Session to deal with Items CONF 02 and CONF 03 pursuant to the provisions of S10(A)2 d)(i) of the Local Government Act because the items contain commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

Mayor Waller called a recess of Council at 7.27pm so that members of the public could leave the Chambers.

Council moved into Closed Session at 7.39pm

ITEM NO: CONF 02

FILE NO: 135570.2018

SUBJECT: WSROC Contract - WR03-12/13- Road Rehabilitation and Asphalt Services - Contract Extension Request

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Hadid

That Council:

1. Offers an extension to the below listed contractors until 31 December 2018 for the Tender WR03-12/13 Road Rehabilitation and Asphalt Services, and places those contractors who accept the extension on a panel of preferred contractors;

Contract Portion	List of Contractors
Asphalt Deliver and Lay	· State Asphalt Services Pty Ltd · Bernipave Pty Ltd · Borthwick & Pengilly Asphalts Pty Ltd
Asphalt Ex -Bin	· State Asphalt Services Pty Ltd · Fulton Hogan Industries Pty Ltd (Minto/Wallgrove)
Crack Sealing	· SuperSealing Pty Ltd
Mill and Fill	· State Asphalt Services Pty Ltd
Pavement Restoration	· Bernipave Pty Ltd · J&G Excavations & Asphalting (NSW) Pty Ltd · Borthwick & Pengilly Asphalts Pty Ltd
Profiling	· Stabilised Pavements Of Australia Pty Ltd · State Asphalt Services Pty Ltd · Borthwick and Pengilly Pty Ltd
Spray Sealed Bituminous Surfacing	· State Asphalt Services Pty Ltd
Stabilisation and/or Unbound Pavement Reconstruction	· Stabilised Pavements of Australia Pty Ltd
Surface Preservation, Enrichment or Rejuvenation	· Downer EDI Works Pty Ltd
Asphalt Pavement Reconstruction	· Borthwick and Pengilly Pty Ltd · J and G Excavations Pty Ltd · Stabilised Pavements of Australia Pty Ltd

2. That such an extension be offered pursuant to s.55(3)(i) of the Local Government Act 1993, for the following reasons:

a) The listed contractors, and the rates in question, were subject to detailed market testing as part of a WSROC tender performed in 2013 and accepted by Council at the time;

b) Following a review by staff, it is considered that these rates remain highly competitive, and offer excellent value when compared to prevailing market rates for the same types of supply;

c) The listed suppliers have performed to a satisfactory standard during the contract period; and

d) The extension being sought is of a short duration, and is required to allow the calling of fresh tenders for the supply in question;

3. Notes that the Director - City Infrastructure and Environment will finalise all details and extend the contract following acceptance by the tenderers of Council’s offer; and

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.

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

Councillors voted unanimously for this motion.

ITEM NO: CONF 03

FILE NO: 136411.2018

SUBJECT: Tender WT2706 Design Construct - SES Retrofit Ground Floor, 1 Hoxton Park Rd, Liverpool

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Rhodes

That Council delegate authority to the CEO to determine the tender in this matter.

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

Councillors voted unanimously for this motion.

MOTION TO MOVE BACK INTO OPEN SESSION

Motion: Moved: Clr Karnib Seconded: Clr Hagarty

That Council move back into Open Session.

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

Council moved back into Open Session at 7.51pm.

Mayor Waller advised the gallery that Council passed the motions as shown on pages 31 – 33 of these minutes during Closed Session.

THE MEETING CLOSED AT 7.52 pm.

Name: Wendy Waller

Title: Mayor

Date: 27 June 2018

I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 30 May 2018. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.

Prayer

NATIONAL ANTHEM The National Anthem performed and recorded by

CONDOLENCES

Public Forum

URGENCY MOTION

The Mayor ruled that this was a matter of urgency and as such, the above motion was dealt with at this meeting.

ITEM NO: CEO 01

ITEM NO: CEO 02

ITEM NO: CEO 03

ITEM NO: COM 01

ITEM NO: COM 02

ITEM NO: COM 03

ITEM NO: COM 04

ITEM NO: CORP 01

ITEM NO: CORP 02

ITEM NO: CORP 03

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: NOM 01

Clr Rhodes and Clr Harle declared a non-pecuniary interest in respect of NOM 02 and were not in the Chambers when this item was voted on.

ITEM NO: NOM 02

Clr Rhodes returned to the Chambers at 7.15pm.

ITEM NO: NOM 03

ITEM NO: NOM 04

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03