MINUTES OF THE Ordinary Meeting

HELD ON 24 November 2021

PRESENT:

Mayor Wendy Waller

Councillor Ayyad

Councillor Balloot

Councillor Hadchiti

Councillor Hadid

Councillor Hagarty

Councillor Harle

Councillor Kaliyanda

Councillor Karnib

Councillor Rhodes

Councillor Shelton

Dr Eddie Jackson, Chief Executive Officer

Mr George Hampouris, Acting Director Corporate Services

Ms Tina Bono, Director Community and Culture

Mr David Smith, Director Planning and Compliance

Mr Peter Diplas, Director City Presentation

Mr Raj Autar, Director Infrastructure and Environment

Mr John Morgan, Director, Commercial Development and Economy

Ms Jennifer Chenhall, General Counsel, Manager Governance, Legal and Procurement

Mr Vishwa Nadan, Chief Financial Officer

Mr George Georgakis, Manager Council & Executive Services

Ms Maree Stewart, Coordinator Council and Executive Services (minutes)

The meeting commenced at 6.00pm.

STATEMENT REGARDING WEBCASTING OF MEETING

The Mayor reminded everyone that in accordance with Council’s Code of Meeting Practice, the meeting is being livestreamed.

ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION

The prayer of the Council was read by the Chief Executive Officer, Dr Eddie Jackson.

APOLOGIES

Nil.

CONDOLENCES

Nil.

Confirmation of Minutes

Motion: Moved: Clr Rhodes Seconded: Clr Harle

That the minutes of the Ordinary Meeting held on 27 October 2021 be confirmed as a true record of that meeting, subject to the following change:

· On page 13, Item ECD 02 - Sydney Water proposed Compulsory Acquisition of part of Lot A & Lot B DP 380884 be amended so that the mover of the item is Clr Shelton and the seconder is Clr Hadid.

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: CONF 01 2022 Australia Day Awards

Reason: Clr Rhodes knows some of the recipients.

Clr Rhodes left the virtual room for the duration of the item.

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

Item: PLAN 05 Warwick Farm Racing Precinct draft Structure Plan, draft Planning Proposal and draft Contributions Plan

Reason: Clr Harle has family in the area.

Clr Harle remained in the virtual room for the duration of the item.

Clr Hadchiti declared a pecuniary interest in the following item:

Item: CONF 03 Acquisition of lands in Eighteenth Avenue, Cortina Avenue and Tokyo Road, Austral for drainage purposes

Reason: Clr Hadchiti has family in the area.

Clr Hadchiti left the virtual room for the duration of the item.

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

Item: CORP 02 Annual Financial Reports 2020-21

Reason: Clr Kaliyanda knows Surbhi Katyal (from the Audit Office of NSW) who was one of the presenters on the item.

Clr Kaliyanda remained in the virtual room for the duration of the item.

During the item, subsequent to point 4 being added to the motion, Clr Hadchiti declared an interest in the following item:

Item: PLAN 03 Submission on Aerotropolis Planning Package

Reason:

Clr Hadchiti left the virtual room for the remainder of the item and did not vote on the item.

6.06pm Clr Ayyad arrived at the meeting.

Public Forum

Presentation – items not on agenda

Nil.

Representation – items on agenda

1. Lawrissa Chan and Surbhi Katyal on behalf of the Audit Office of New South Wales made a presentation to Council on the following item:

CORP 02 Annual Financial Reports 2020-21

Mayoral Minute

ITEM: MAYOR 01

FILE REF: 381434.2021

SUBJECT: Chief Executive Officer Performance Review

The CEO’s 2020-21 annual performance review was conducted by Council’s CEO Review Panel on 19 November 2021.

The Review Panel consisted of the Mayor, Clr Hagarty, Clr Harle and Clr Rhodes. Apologies were received from Clr Hadid and Clr Balloot.

The performance review was facilitated by Mark Anderson from LGNSW Management Solutions.

The Review Panel assessed the CEO’s performance as More than Satisfactory with an average rating over the three sections of the performance agreement of 8.30 / 10.

In terms of feedback to the CEO, the Review Panel was generally very positive and expressed to the CEO that he is working very well, and the organisation appears to be responding positively under his leadership.

The facilitator provided the Review Panel with benchmarking data of GM’s/CEO’s remuneration of large metropolitan councils which showed the current remuneration is well below the rate of other councils.

Using this information and meeting the criteria for awarding an increase (clause 8.3 of the standard GM/CEO contract), the Review Panel all agreed and recommend a performance-based increase to the CEO’s Total Remuneration Package (TRP) of 2%.

The next performance review will be conducted in May 2022.

RECOMMENDATION

That Council receive and note the report.

COUNCIL DECISION

Motion: Moved: Mayor Waller

That the recommendation be adopted.

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

Mayoral Minute

ITEM: MAYOR 02

FILE REF: 380313.2021

SUBJECT: Goodbye Liverpool

Tonight will be my last Council meeting in over two decades.

I have personally experienced the ups and downs of local government since the 1993 Act came into being. It was to strengthen local government and to make modern structural changes.

I’m not sure whether these aspirations totally bore fruit but here we are. It is a very different environment I find myself in now to when I was first elected.

I’ve seen cost shifting take a formal hold on local government, planning powers for most part be removed from the council floor, and of course rate pegging. The debate about this could go on forever but the main issue is the general public mostly don’t understand the restrictions and challenges placed on local government and councillors today.

We remain the level of government closest to the people, and yet we are expected to respond to needs of our growing communities with our hands tied behind our backs in many instances.

We are expected to respond to performance measures imposed on us by State Government authorities with little room to move, treating us as a business but we are not a business - we are the core of our community. We’ve had to value assets which businesses don’t. Business doesn’t have our situation. It has been argued as artificial in the sense of our financial existence. Depreciation being a very good example.

The issues we have faced in the last 18 months have been a testament to our resilience; floods, fire, and a continuing pandemic; all having a large resource impact on us never seen before by our sector. All we need now is a plague of locusts. I am very aware we have had mice in the rural areas.

Councillors are like Board Members of a company. Their job is to create the overarching policy which will assist the whole of the community, but within constraints. We are expected to bring leadership to the fore and to create stability for staff and to oversee the progress of the organisation through working with senior staff and the CEO.

This is a serious role and it comes with some liability. We have little protection.

The danger of just appeasing one part of our community without the thought of the global good could come at a cost and isn’t in line with the expectations of the Act and nor does it showcase professionalism. We are always under the microscope.

It is imperative that councillors work together for the betterment of our community, across political barriers but understanding our limitations.

We could be seen as the barometers of our community.

Candidates for local government need to do their homework before they put their hands up, because of the restrictions placed on us all, the expectations and the unique nature of our roles.

We need to pass the pub test in character and ethics but also, we need to know what we are doing.

Liverpool is the third CBD.

In my lifetime I’ve seen Liverpool move from a township, to a city, to a regional centre and now in my view a third CBD but a great deal of continued work and vision must be maintained for this mantle to be assigned proper.

If we miss the boat, we are damming generations to come to limited work choices, negative influences on family lives and long-lasting damage to our local economy.

Our innovation precinct was a gamble, but we felt it was necessary and it has paid off especially through the dedication of our staff and our stakeholders. This is a real achievement and I thank our talented staff for this. And of course there’s the airport. The connectivity between our CBD and the aerotropolis must continue be a priority. Transport and logistics will play its part, but it must be done well to include real investment in our CBD.

Globally, local government needs to be elevated and respected by other tiers of Government and until this happens, I believe our fate is uncertain.

I have been fortunate to represent Liverpool in so many ways and to see our local government area evolve into what it is today. I am so proud and humbled to have had a role in this growth and to have met so many interesting and committed people along the way.

I would like to thank my husband Paul for his support over such a long time. We’ve been together over 40 years and over half of this time I’ve been in involved in local government in some way. It’s been a partnership for this whole time. I would like to thank my children for their support because Mum was usually at a council functions, in fact my younger daughter accompanied me to many functions because we didn’t have childcare. Many things were missed at a family level because of council obligations. I would also like to thank my two granddaughters who through no fault of their own also have had to fit into this lifestyle. And they have done it well, especially being quiet when I’m on Teams.

I would like to thank all those in the community who have supported me over these years and showed kindness and support when needed, and there were times when that support was very much needed.

I would like to call out my colleagues and thank you for your work this term. I would especially like to thank Councillor Karnib for his friendship and support over so many years. Councillor Karnib has been on the same journey as myself, although he has more children, and I wish him the best in the up and coming election. He will now hold the record!

I would also take this opportunity to wish Chris and Bernadette Hayes well in their retirement. Chris has been the Federal Member for Fowler, and together they have worked very hard for their community – they will be missed.

I’ve worked with over 10 CEOs and GMs and numerous acting GMs since being elected in 1995, the 5^th woman ever to be elected to council. Then becoming the first female Mayor elected by the people in 2008.

I’m extremely proud to be the daughter of bread carter, one of 16 children from an impoverished Irish family, who delivered bread all over Liverpool in the 50s and 60s and who died at the young age of 39.

I believe he would be proud that his daughter became Mayor of Liverpool and did it twice. Especially given he ran for council as in independent but was not successful.

The Mayoral position has been an extremely stressful role at times, but it came also with rewards, and it has been a genuine honour to serve our residents and work with such talented staff.

I’d like to thank the current CEO for his commitment to the organisation, I wish him well. I would also like to thank the directors and staff especially the councillor support staff including my EA Lauren Myers who has been professional throughout. There’s a great deal of work behind the scenes that councillors don’t see which makes council what it is.

I wish all the councillors running again the best in the upcoming elections - for those who aren’t running I wish you well in a life after council. There is one. For those who get re-elected, don’t sweat the small stuff.

It is my hope the new councillors can be mentored by returning councillors so that we can continue to move this city forward as it has been master planned across political lines to ensure a solid future for our city, our region and our residents.

Thank you all – Goodbye and good luck in your futures.

RECOMMENDATION

That Council receive and note this minute.

COUNCIL DECISION

Motion: Moved: Mayor Waller

That the recommendation be adopted.

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

ITEM NO: CORP 02

FILE NO: 325358.2021

SUBJECT: Annual Financial Reports 2020-21

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Receives and endorses the 2020-21audited financial reports;

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

3. Authorises the Chief Executive Officer to:

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

b) 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

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

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

Clr Hadchiti asked that he be recorded as voting against the motion.

ITEM NO: ECD 02

FILE NO: 353372.2021

SUBJECT: TfNSW proposed Construction Lease over Council land being part Lot 5000 DP 855173 off Albemarle Place, Cecil Hills

COUNCIL DECISION

Motion: Moved: Clr Harle Seconded: Clr Shelton

That Council:

1. Resolves that it has no objection to TfNSW compulsorily acquiring a construction Lease, for a period of 4 years, over Part Lot 5000 DP 855173, situated off Albemarle Place, Cecil Hills, subject to agreement being made on the amount of compensation payable to Council, as outlined in this report.

2. Resolves, that if agreement is not reached on the compensation amount, payable to Council, that it has no objection to the acquisition of the construction lease by TfNSW by compulsory process, including the reduction of the period of the Proposed Acquisition Notice (PAN) to 14 days.

3. Resolves, that if agreement is not made to the amount of compensation payable and the compensation is determined by the Valuer General that a further report be provided to Council to determine if The Valuer General’s determination will be acceptable to Council.

4. Delegates authority to, and directs the CEO and his delegates to, enter into negotiations with TfNSW for compensation at no less than the occupancy fee rate identified in Council’s Fees and Charges and

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

6. Notes the attached response provided by TfNSW to the questions taken on notice regarding this matter from Council’s meeting of 27 October 2021.

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

ITEM NO: CTTE 06

FILE NO: 354566.2021

SUBJECT: Minutes of the Liverpool Pedestrian, Active Transport and Traffic Committee meeting held on 1 November 2021

COUNCIL DECISION

Motion: Moved: Clr Hadchiti Seconded: Clr Kaliyanda

That Council adopts the following Committee recommendations:

Item 1 - Woodbrook Road, Casula – Proposed reopening to traffic

· Approves Woodbrook Road reopening and associated traffic management works.

· Undertakes community consultation prior to construction.

Item 2 - Liverpool City Centre – Raised Threshold

· Approves the proposed treatments, subject to changes outlined in the minutes, and associated regulatory sign and line marking scheme.

· Detailed design drawings to be submitted to TfNSW for review prior to installation.

Item 3 - Walder Road, Hammondville – Proposed access arrangement to a Medical Centre

· Approves No Parking/No Stopping signs and linemarking scheme for the access driveway off Walder Road.

Item 4 - 106 Ninth Avenue, Austral - Proposed signs and line marking scheme

· Approves the sign and line marking scheme within the subdivision roads at 106 Ninth Avenue, Austral.

Item 5 - 15 Sixteenth Avenue, Austral - Proposed signs and line marking scheme

· Approves the sign and line marking scheme within the new subdivision roads at 15 Sixteenth Avenue, Austral.

Item 6 - Skyline Crescent, Horningsea Park - Proposed Bunnings Warehouse Development

· Approves in-principle the proposed access arrangement.

· Detailed drawings showing the required fourth leg approach including a pedestrian refuge and signs and line marking scheme is to be submitted to TfNSW for review prior to installation.

Item 7 - Twenty Seventh Avenue, Austral – Proposed Load Limit

· Approves implementation of a 5-tonne load limit along Twenty Seventh Avenue (north), Austral.

· Council discusses alternative bus route with Interline bus company.

· Council submits the required Traffic Management Plan to TfNSW for endorsement prior to implementation.

Item 8 - Items Approved Under Delegated Authority.

· Approves the work approved under the delegated approval process.

Item 9 - Committee Meeting dates for 2022

· Approves the following Liverpool Pedestrian, Active Transport and Traffic Committee 2022 meeting dates to be included in Council’s corporate calendar as shown below:

Meeting Number	Date
1	Thursday 3 February 2022
2	Wednesday 16 March 2022
3	Wednesday 18 May 2022
4	Wednesday 20 July 2022
5	Wednesday 21 September 2022
6	Wednesday 9 November 2022

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

Questions with Notice

ITEM NO: QWN 01

FILE NO: 343809.2021

SUBJECT: Question with Notice - Clr Hagarty - Private Investigators

Please address the following:

1. Does Council use private investigators?

2. If so, in what capacity?

Response

Council periodically uses private investigators as a legitimate source of augmenting the investigation of complaints by Councils authorised officers. They have proved useful in obtaining positive outcomes for Council in court proceedings or addressing complainant issues.

Private investigators are mainly used for:

· Activity Surveillance - to ascertain the extent of an activity being carried out or conducted on a property (mainly after-hours), and whether there is sufficient evidence to substantiate a complaint from the community or form a reasonable belief that the activity is prohibited such that enforcement action is warranted;

· Service of court documents; and

· Skip tracing to locate owners of properties for the purposes of service of court documents (in circumstances where usual searches and service of documents have been unsuccessful).

The use of private investigators for surveillance is infrequent and in response to community complaints. On average private investigators have been engaged around twice a year over the last 6 years.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That this item be moved into Closed Session pursuant to the provisions of s10(A)(2)(a) of the Local Government Act because it contains personal matters concerning particular individuals (other than Councillors).

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

ITEM NO: QWN 02

FILE NO: 368742.2021

SUBJECT: Question with Notice - Clr Kaliyanda - Staff Picnic Day

Please address the following:

Each year Council allows non-unionised staff to take the union picnic day off. What is the cost in wages and salaries to Council for non-unionised staff to take this day off?

Response

Council’s Leave Management Policy (which is an operational policy of Council) provides information and guidance on the management of a range of leave entitlements in accordance with applicable Awards, agreements, legislation and related policies.

Clause 4.22 of the Leave Management Policy provides for a Picnic Day that is available to all employees of Council. This Clause of the Policy recognises that a Union Picnic Day is provided to financial members of any of the industry unions in accordance with the relevant provisions of the Local Government (State) Award.

This Clause also states that a Picnic Day is provided for all employees (subject to operational requirements and sufficient staff coverage) to coincide with the Union Picnic Day.

In accordance with the relevant provisions of the Award and Leave Management Policy, a distinction applies to the applicable rates of pay where, due to operational requirements, a union member or a non-financial member of a union is required to work on Picnic Day.

Employees who are not financial members of a union and who are required to work on Picnic Day will be paid normal rates of pay and will be granted time in lieu equivalent to the time they have worked, at single time. Unlike financial members of any of the unions they do not receive penalty / overtime payments or time in lieu of overtime.

These particular Picnic Day arrangements have been in place at Liverpool City Council since at least 2008.

Mayor Waller called a recess of Council at 8.00pm.

Mayor Waller reopened the meeting 8.10pm.

Notices of Motion

ITEM NO: NOM 01

FILE NO: 366363.2021

SUBJECT: No Concrete Crushing Facility

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council remains strongly opposed to a concrete crushing facility at the Moorebank Recyclers site.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda

That:

1. Council remains strongly opposed to a concrete crushing facility at the Moorebank Recyclers site; and

2. A report be brought back to the February 2022 Council meeting with any issues relating to this particular planning proposal, and whether that relates to the proponent or Council.

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

The Councillors voted unanimously for this item.

ITEM NO: NOM 04

FILE NO: 368676.2021

SUBJECT: A Stadium for Liverpool

NOTICE OF MOTION (submitted by Clr Hagarty)

That Council:

1. Reaffirm its support for a stadium in Liverpool; and

2. Include a stadium in Liverpool as part of lobbying efforts with the State and Federal Governments for further infrastructure investment in our LGA.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Hadchiti

That Council:

1. Reaffirm its support for a stadium in Liverpool;

3. Include a stadium in Liverpool as part of lobbying efforts; and

4. Notes media reports that the NRL are considering funding a stadium in the South West.

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

Clr Harle requested that he be recorded as voting against the motion.

ITEM NO: QWN 01

FILE NO: 343809.2021

SUBJECT: Question with Notice - Clr Hagarty - Private Investigators

Please address the following:

1. Does Council use private investigators?

2. If so, in what capacity?

Response

Private investigators are mainly used for:

· Service of court documents; and

· Skip tracing to locate owners of properties for the purposes of service of court documents (in circumstances where usual searches and service of documents have been unsuccessful).

The use of private investigators for surveillance is infrequent and in response to community complaints. On average private investigators have been engaged around twice a year over the last 6 years.

COUNCIL DECISION

Motion: Moved: Clr Hagarty Seconded: Clr Rhodes

That:

1. Council incorporates the use of private investigators, including appropriate delegations into the Enforcement Standard; and

2. This matter be brought to the workshop on the Enforcement Standard scheduled for 2022.

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

Clr Hadchiti and Clr Shelton asked that they be recorded as voting against the motion.

Clr Rhodes left the virtual room at 8.38pm.

Confidential Items

ITEM NO: CONF 01

FILE NO: 356415.2021

SUBJECT: 2022 Australia Day Awards

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. Endorse the recommended award recipients as proposed in the report; and

2. Keep the report and nominations containing the recommended award recipients confidential, pursuant to the provision of Section 10A(2)(a) of the Local Government Act 1993.

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

Clr Rhodes returned to the virtual room at 8.39pm.

Clr Ayyad left the virtual room at 8.42pm.

ITEM NO: CONF 02

FILE NO: 361069.2021

SUBJECT: Report back- Energy and Environmental Risk Solution (PEERS 3) Tender outcome for Large and Small Scale Energy

COUNCIL DECISION

Motion: Moved: Clr Rhodes Seconded: Clr Karnib

That Council:

1. Notes that the contract for small, large electricity markets including public lighting, renewable energy and LGCs was awarded to ZEN Energy Retail Pty Ltd (ABN 54 615 751 052). This tenderer was determined to be the best value offeror for a period of 5 years, with an optional extension of the contract for a further 4 years subject to SSROC and its participating councils’ approval.

2. 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.

3. Be provided with a report on the financial cost if Council pursued grid or non-renewable energy in implementing this contract.

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

Clr Hadchiti asked that he be recorded as voting against the motion.

Clr Hadchiti left the virtual room at 8.45pm.

ITEM NO: CONF 03

FILE NO: 366371.2021

SUBJECT: Acquisition of lands in Eighteenth Avenue, Cortina Avenue and Tokyo Road, Austral for drainage purposes

COUNCIL DECISION

Motion: Moved: Clr Shelton Seconded: Clr Karnib

That Council:

1. That Council approves the acquisition of Lot 182 DP 1237400, identified as Lot 182 Eighteenth Avenue, and part Cortina Avenue in DP 1237400, and part Tokyo Road in DP 1237400 and part Tokyo Road in DP 1238766 and Part Tokyo Road in DP 1238762, in Austral, within the terms outlined in this confidential report;

2. Authorises the Chief Executive Officer or their delegated officer, to execute any document under Power of Attorney, necessary to give effect to this decision, and

3. Keeps confidential this report 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.

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

ITEM NO: PLAN 01

ITEM NO: PLAN 02

ITEM NO: PLAN 03

ITEM NO: PLAN 04

ITEM NO: COM 01

ITEM NO: COM 02

ITEM NO: CORP 01

ITEM NO: CORP 02

ITEM NO: CORP 03

ITEM NO: CORP 04

ITEM NO: PRES 01

ITEM NO: ECD 01

ITEM NO: ECD 02

ITEM NO: CTTE 01

ITEM NO: CTTE 02

ITEM NO: CTTE 03

ITEM NO: CTTE 04

ITEM NO: CTTE 05

ITEM NO: CTTE 06

ITEM NO: CTTE 07

ITEM NO: QWN 01

ITEM NO: QWN 02

ITEM NO: PLAN 05

PRESENTATIONS

ITEM NO: NOM 01

ITEM NO: NOM 02

ITEM NO: NOM 03

ITEM NO: NOM 04

ITEM NO: QWN 01

ITEM NO: CONF 01

ITEM NO: CONF 02

ITEM NO: CONF 03