MINUTES OF THE ADJOURNED Meeting
HELD ON 25 July 2024
(PREVIOUS MEETING HELD ON 24 JULY 2024)
PRESENT:
Mayor Ned
Mannoun
Councillor
Ammoun
Councillor
Goodman
Councillor Hadid
OAM
Councillor Harle
Councillor
Macnaught
Councillor Rhodes
Mr Farooq
Portelli, Director Corporate Support
Ms Tina
Bono, Director Community & Lifestyle
Mr Mark
Hannan, Acting Director Planning & Compliance
Ms Michelle
Mcilvenny, Director Customer Experience & Business Performance
Mr Shayne
Mallard, Director City Futures
Mr Peter
Scicluna, Acting Director Operations
Mr Jason
Breton, Acting Chief Executive Officer (arrived at 5.51pm)
Mr David
Galpin, General Counsel, Manager Governance, Legal and Procurement
Mr George
Hampouris, Head of Audit Risk and Improvement
Ms
M’Leigh Brunetta, Manager Civic and Executive Services
Ms Katrina
Harvey, Councillor Executive and Support Officer
Ms Melissa
Wray, Councillor Executive and Support Officer
The meeting commenced at 5.06pm
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STATEMENT REGARDING WEBCASTING
OF MEETING
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The Mayor reminded everyone that in accordance with Council’s
Code of Meeting Practice (other than the Public Forum Section), the
meeting is being livestreamed.
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ACKNOWLEDGMENT OF
COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION
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The prayer of the Council was read by Reverend Bruce Hammonds from Liverpool
Presbyterian Church.
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NATIONAL ANTHEM
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The
National Anthem was not played at the meeting due to this meeting being the
adjourned from Wednesday 24 July 2024 Council Meeting.
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Clr Kaliyanda
has requested permission to attend this meeting via MS Teams.
Motion:
Moved: Mayor Mannoun Seconded:
Clr Macnaught
On being put to the meeting
the motion was declared CARRIED.
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APOLOGIES
Clr Karnib
Clr Dr Green
CONDOLENCES
Nil.
Confirmation
of Minutes
Nil.
Declarations of Interest
Clr Rhodes declared a non-pecuniary, less than significant interest in
the following item:
Item: CONF 06
– Hammondville Park Proposed Land Sale – Probity and Consultation Update.
Reason: Clr Rhodes is a councillor member
of ARIC and who has advised probity issues regarding
proceeding with the sale until all issues have been addressed.
Clr Rhodes remained in the Chamber during the duration of this meeting.
Mayor Mannoun declared a non-pecuniary, less than significant interest
in the following item:
Item: CONF
10 – Legal Affairs
Reason: Mayor Mannoun was employed by a
law firm, opened a law firm and has had legal
dealings with a law firm.
Mayor Mannoun left the chamber during this item.
Clr Goodman declared a non-pecuniary, less than significant interest in
the following item:
Item: Motion
of Urgency - MOU 02 – Updating of the Capital Works Program.
Reason: Clr
Goodman’s son plays, for one of the teams, that has been listed.
Clr Goodman remained in the Chamber during the duration of this
meeting.
Mayor Mannoun declared a non-pecuniary, less than significant interest
in the following item:
Item: CONF
12 – RCL3320 – Supply contract for Austral Black Granite pavers and
Bluestone
kerb and gutter for various streetscape works in Liverpool’s CBD.
Reason: Mayor Mannoun stated he knows of one of the
companies that have tendered.
Mayor Mannoun stated he will leave the Chamber for the duration of this
item.
Nil.
ITEM BROUGHT FORWARD
Mayor Mannoun moved that CONF 01, CONF 02, CONF 03, CONF 04
and CONF 05 be brought forward.
Confidential Items
ITEM NO: CONF
01
FILE NO: 176222.2024
SUBJECT: Proposed
Acquisition of Lot 4 in Plan of Acquisition DP 1289743, Part 2-10 Yarrunga
Street, Prestons for road widening purposes
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ammoun
That Council:
1. Approves the acquisition of Lot 4 in Plan of Acquisition DP 1289743, Pt 2-10 Yarrunga Street,
Prestons, on the terms outlined in this confidential report;
2. Resolves to classify Lot 4 in Plan of
Acquisition DP 1289743 as ‘Operational land’ in accordance with
the Local Government Act 1993 upon settlement;
3. Dedicates Lot 4 in Plan of Acquisition DP
1289743 as Public Road pursuant to Section 10 of the Roads Act 1993;
4. 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; and
5. Authorises the CEO or delegate to execute all
documents necessary to give effect to this resolution.
On being put
to the meeting the motion was declared CARRIED.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
02
FILE NO: 179193.2024
SUBJECT: Proposed
Acquisition of Lot 9 in Plan of Acquisition DP 1289743, Pt 28 Bernera Road,
Prestons for road widening purposes
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COUNCIL DECISION
Motion: Moved:
Clr Hadid OAM Seconded: Clr Rhodes
That Council:
1. Approves the acquisition of Lot 9 in Plan of Acquisition DP 1289743, Pt 28 Bernera Road,
Prestons, on the terms outlined in this confidential report;
2. Resolves to classify Lot 9 in Plan of
Acquisition DP 1289743 as ‘Operational land’ in accordance with
the Local Government Act 1993 upon settlement;
3. Dedicates Lot 9 in Plan of Acquisition DP
1289743 as Public Road pursuant to Section 10 of the Roads Act 1993;
4. 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; and
5. Authorises the CEO or delegate to execute all
documents necessary to give effect to this resolution.
Councillors voted unanimously for
this motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
03
FILE NO: 218008.2024
SUBJECT: Proposed
Acquisition and/or Dedication of Pt Lot 217 DP 2475, 53 Seventeenth Avenue,
Austral for road purposes
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Hadid OAM
That Council:
1. Approves the acquisition and/or dedication of Pt Lot 217
DP 2475, Austral being land identified for Contributions Item LR67 for the terms as outlined in this report.
2. Resolves to classify Pt Lot 217 DP 2475, as
“Operational” land in accordance with the Local Government Act
1993;
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; and
4. Authorises
the CEO or his delegated officer to execute any document, under Power of Attorney,
necessary to give effect to this decision.
On being put
to the meeting the motion was declared CARRIED.
Councillors
voted unanimously for this motion
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
04
FILE NO: 214350.2024
SUBJECT: Compulsory
Acquisition of a Drainage Easement from 40 Sixteenth Avenue, Austral for Basin
29 Austral
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Hadid OAM
That Council:
1. Proceeds with the compulsory
acquisition of a drainage easement over part of Lot 300 DP 2475, 40 Sixteenth
Avenue, Austral, pursuant to s186 of the Local Government Act 1993 (NSW) and
in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
2. Delegates
authority to, and directs the CEO or delegate, to proceed with making the
necessary application to the Minister for Local Government and the Governor
in accordance with Section 187(2) of the Local Government Act 1993 to obtain
approval to give an acquisition notice to the owners of Lot 300 DP 2475, 40
Sixteenth Avenue, Austral and commence compulsory acquisition of the drainage
easement under the Land Acquisition (Just Terms Compensation) Act 1991.
3. Delegates authority to, and
directs the CEO or delegate, to take all necessary actions to proceed with
and complete the compulsory acquisition of the easement in accordance with
the applicable legislation, including the serving or publishing of any other
documentation or notice.
4. Delegates authority to and directs the CEO or delegate to
continue negotiations with the property owner of 40 Sixteenth Avenue,
Austral and/or their representative to acquire the easements by agreement and
enter into any such agreement without having to submit a further report to
Council for approval, provided the agreement is consistent with legal and
valuation advice.
5. Authorises
payment of compensation as determined by the Valuer General, if accepted by
the Owner, plus statutory interest in accordance with section 49 of the Land
Acquisition (Just Terms Compensation) Act;
6. If the Owner commences proceedings in the Land and
Environment Court (Court) authorises:
i. Payment to the Owner of 90% of the
compensation as determined by the Valuer-General pursuant to s68(2)(a) of the
Land Acquisition (Just Terms) Compensation) Act, or if that payment is not
accepted by the Owner, payment of that amount into trust pursuant to
s68(2)(b) of the Land Acquisition (Just Terms Compensation) Act.
ii. Payment of compensation in accordance
with an Order of the Court or any settlement of the proceedings agreed by the
CEO or delegate after considering advice from Council’s legal advisors.
7. Keeps
confidential the information contained in 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 the Council is conducting (or proposes to conduct) business;
and
8. Authorises the CEO or delegate to execute all documents necessary
to give effect to this resolution.
Councillors voted unanimously for
this motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
05
FILE NO: 209950.2024
SUBJECT: Compulsory
Acquisition of part of 240 Governor Macquarie Drive, Warwick Farm for road
widening upgrade works
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COUNCIL DECISION
Motion: Moved:
Clr Hadid OAM Seconded: Clr Ammoun
That Council:
1. Authorises the acquisition by compulsory process of part of Lot 1
in Deposited Plan 1162276, 240 Governor Macquarie Drive at Warwick Farm,
identified as proposed Lot 9 in Plan of Acquisition DP 1295727, subject to
final survey, pursuant to Section 177 of the Roads Act 1993 and in
accordance with the Land Acquisition (Just Terms Compensation) Act
1991 for road purposes;
2. Delegates authority to, and directs the CEO or delegate, to
proceed with making the necessary application to the Minister for Local
Government and the Governor in accordance with Section 178 of the Roads
Act 1993 to obtain approval to give an acquisition notice to the owners
of Lot 1 in Deposited Plan 1162276, 240 Governor Macquarie Drive at Warwick
Farm and commence compulsory acquisition of the land required for road
widening under the Land Acquisition (Just Terms Compensation) Act
1991.
3. Delegates authority to, and directs the CEO or delegate, to take
all necessary actions to proceed with and complete the compulsory acquisition
of part of Lot 1 in Deposited Plan 1162276, 240 Governor Macquarie Drive at
Warwick Farm, identified as proposed Lot 9 in Plan of Acquisition DP 1295727
in accordance with the applicable legislation, including the serving or
publishing of any other documentation or notice.
4. Delegates authority to and directs the CEO or
delegate to continue negotiations with the property owner of part of Lot 1 in
Deposited Plan 1162276, 240 Governor Macquarie Drive at Warwick Farm,
identified as proposed Lot 9 in Plan of Acquisition DP 1295727 and/or their
representative to acquire the land for road widening by agreement and enter
into any such agreement without having to submit a further report to Council
for approval, provided the agreement is consistent with legal and valuation
advice.
5. Authorises payment of compensation as
determined by the Valuer General, if accepted by the Owner, plus statutory
interest in accordance with section 49 of the Land Acquisition (Just Terms
Compensation) Act
6. If the Owner commences proceedings in the Land
and Environment Court (Court) authorises:
i. Payment to the Owner of 90% of the
compensation as determined by the Valuer-General pursuant to s68(2)(a) of the
Land Acquisition (Just Terms) Compensation) Act, or if that payment is not
accepted by the Owner, payment of that amount into trust pursuant to
s68(2)(b) of the Land Acquisition (Just Terms Compensation) Act.
ii. Payment of compensation in accordance with an
Order of the Court or any settlement of the proceedings agreed by the CEO or
delegate after considering advice from Council’s legal advisors.
7. Upon acquisition, classifies the
above-mentioned land as “Operational” land in accordance with the
Local Government Act 1993
8. Keeps confidential the information contained
in 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 the Council is conducting (or
proposes to conduct) business; and
9. Authorises the CEO or his delegate to execute
all documents necessary to give effect to this resolution.
On being put to the meeting the
motion was declared CARRIED.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM BROUGHT FORWARD
Motion: Moved:
Clr Macnaught Seconded: Clr Rhodes
Clr Macnaught moved that CONF 07, CONF 08, CONF 09, CONF 10,
CONF 11 and CONF 12 be brought forward.
CONF
06 was moved to the end of the meeting.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: CONF
07
FILE NO: 201436.2024
SUBJECT: Solus
Library App provision for seven years
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COUNCIL DECISION
Motion: Moved:
Clr Macnaught Seconded: Clr Harle
That Council:
1. Approves, for the purposes of the
tendering requirements under s.55(3)(i) of the Local Government Act 1993,
the subscription of the Solus Library App on an ongoing basis as a
satisfactory result would not be achieved by
inviting tenders because of the following extenuating circumstances:
a) There would be
significant costs associated with transitioning to a new library App, which
include the cost of configuring a new App for Liverpool and disruption to
users.
b) The current App
has been downloaded 23,000 times, is working well and is a respected product.
c) SANZAP are the
sole suppliers of the Solus App and moving to a new provider would require
introduction of a new App; and
d) There are no other
known providers of a specialist library app that links to the Library
Management System and can provide access to all aspects of the library
service.
Councillors voted unanimously for
this motion
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
08
FILE NO: 217701.2024
SUBJECT: Exemption
from Tender - Leander Business Consulting (Pathway UX Upgrade)
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ammoun
That Council:
1. Approves, for the purposes of the tendering requirements under
s.55(3)(i) of the Local Government Act 1993, the engagement of Leander
Business Consulting (LBC) for the duration of the project as the provider of
upgrading Pathway UX as a satisfactory result would
not be achieved by inviting tenders because of the following extenuating
circumstances:
· LBC have already prepared and commenced the initial
stages of the project.
· Restarting the project with another consultant would
involve rework and would impede the required go-live schedule of October
2024.
2. Authorise the CEO or delegate to execute all
documents necessary to give effect to this resolution.
On being put to the meeting the
motion was declared CARRIED.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
09
FILE NO: 212516.2024
SUBJECT: Liverpool
Local Planning Panel (LLPP) - Engagement of Additional Independant Experts and
Alternate Members
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COUNCIL DECISION
Motion: Moved:
Clr Harles Seconded:
Clr Hadid OAM
That Council:
1. Endorses the engagement of eighteen (18) additional LPP
Independent Expert Members and Alternate Members listed within this report,
to meet the requirements set by the DPHI.
2. That the engagement of future LPP Independent
Expert Members and Alternate Members, be delegated to the CEO for
endorsement.
On being put
to the meeting the motion was declared CARRIED.
Clr Kaliyanda requested that she
be recorded as having voted against the motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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Prior to discussion of item CONF
10, Mayor Mannoun declared a non-pecuniary interest and less than significant.
Mayor Mannoun stated that he has
a declaration of interest where he has been employed by a law firm, opened a
law firm and had legal dealings with a law firm.
Mayor Mannoun left the chambers
at 5.30pm, while item CONF 10 was discussed.
Clr Macnaught became the chair at
5.30pm.
ITEM NO: CONF
10
FILE NO: 218854.2024
SUBJECT: Legal
Affairs Report
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ammoun
That Council
receives and notes the
report.
On being put to the meeting the
motion was declared CARRIED.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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Mayor Mannoun returned to the
chambers at 5.31pm, and resumed as chair.
ITEM NO: CONF
11
FILE NO: 220599.2024
SUBJECT: Appointment
of the Audit, Risk and Improvement Committee Chair
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COUNCIL DECISION
Motion: Moved:
Clr Harle Seconded:
Clr Macnaught
That Council:
1. Appoints Michael
Ellacott as the Independent Chair
of the Audit, Risk and Improvement Committee for a four-year term commencing
from 1 October 2024.
2. Writes
to Andrew McLeod to congratulate and thank him for his service and contribution as the ARIC
Chairperson.
On being put
to the meeting the motion was declared CARRIED.
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Clr Rhodes left meeting at 5.30pm
Mayor Mannoun left chambers at
5.33pm, Clr Macnaught became the chair.
Clr Rhodes returned to the meeting at 5.34pm.
A/CEO arrived and sat next to chair at 5.48pm.
RECESS
Clr Macnaught called a recess at 5.41pm.
RESUMPTION OF MEETING
Clr Macnaught resumed the meeting at 5.50pm.
ITEM NO: CONF
12
FILE NO: 223558.2024
SUBJECT: RCL3320
- Supply contract for Austral Black Granite pavers and Bluestone kerb and
gutter for various streetscape works in Liverpool's CBD
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RECOMMENDATION
That Council:
1.
Accept the Tender from the
following suppliers for Tender RCL3320 Supply of
Austral Black Granite Pavers and Bluestone Kerb and Gutter Stone for an initial three (3) year contract term with the two
(2) options of extending one (1) year each at Council’s discretion.
PORTION A:
• Cinajus
Pty Ltd;
• Sam
The Paving Man Pty Ltd; and
• Mansour
Paving (Aust) Pty Ltd
PORTION B:
• B.A.M.
& Associates Pty Ltd T/as BAM Stone;
• Cinajus
Pty Ltd; and
• Sam
The Paving Man Pty Ltd
2. Makes public its
decision regarding tender RCL3320 Supply of Austral Black Granit
Pavers and Bluestone Kerb and Gutter Stone.
3. Authorises the
CEO or delegate to execute all documents necessary to give effect to
this resolution.
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.
UPDATED COUNCIL REPORT RECOMMENDATION (as
detailed in Memo dated 24 July 2024 (TRIM Reference: 2024/0420)
That
Council:
1. Accept the
Tender from the suppliers as identified in the report for Tender RCL3320
Supply of Austral Black Granite Pavers and Bluestone Kerb and Gutter Stone for an initial three (3) year contract term with the two
(2) options of extending one (1) year each at Council’s discretion.
2. Makes public its
decision regarding tender RCL3320 Supply of Austral Black Granit
Pavers and Bluestone Kerb and Gutter Stone.
3. Authorises the
CEO or delegate to execute all documents necessary to give effect to
this resolution.
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.
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COUNCIL DECISION
Motion: Moved:
Clr Rhodes Seconded:
Clr Ammoun
That
Council:
1. Accept the
Tender from the suppliers as identified in the report for Tender RCL3320
Supply of Austral Black Granite Pavers and Bluestone Kerb and Gutter Stone for an initial three (3) year contract term with the two
(2) options of extending one (1) year each at Council’s discretion.
2. Makes public its
decision regarding tender RCL3320 Supply of Austral Black Granit
Pavers and Bluestone Kerb and Gutter Stone.
3. Authorises the
CEO or delegate to execute all documents necessary to give effect to
this resolution.
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.
5. That the report come back to Council
after the initial three year period and reports on engagement/service.
On being put to the meeting the
motion was declared CARRIED.
Clr Kaliyanda requested that she
be recorded as having voted against the motion.
Mayor Mannoun was not present
whils this item was discussed
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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Mayor Mannoun returned to the chamber at 6.05pm and became chairperson.
ITEM BROUGHT FORWARD
Motion: Moved:
Mayor Mannoun Seconded: Clr Macnaught
Mayor Mannoun moved that CONF 14, CONF 15, and CONF 16 be
brought forward.
On
being put to the meeting the motion was declared CARRIED.
ITEM NO: CONF
14
FILE NO: 220866.2024
SUBJECT: Request
For Tender - Leisure Centre Management Services
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COUNCIL DECISION
Motion: Moved:
Clr Macnaught Seconded: Clr Harle
That Council:
1. Declines
to accept any of the tender submissions, in accordance with section 178(1)(b)
of the Local Government (General) Regulation 2021.
2. Authorises
the CEO or delegate to negotiate with the top two tenderers as identified in
the body of this report for the following
reasons.
a. each tenderer has
submitted an offer to perform the services but cannot be accepted by Council
in its current form.
b. each
of the Tenderers have demonstrated the capability and experience in the
management of high volume, aquatic and leisure centres, has demonstrated
clear competencies in the management of all associated risks, and the ability
to effectively manage Council building assets.
c. both tenderers have sought departures
that represent material variance to the General Conditions of the Contract,
and present substantial risk to Council
3. Directs
the CEO to enter the most advantageous contract and to report back if a value
for money agreement cannot be achieved.
4. Makes
public its decision regarding tender ST3332 – Management of Leisure and
Aquatic Centres.
5. Authorises the CEO or delegate to
execute all documents necessary to give effect to this resolution, and
6. 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.
Councillors voted unanimously for
this motion
Clr Kaliyanda requested that she
be recorded as having voted against the motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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ITEM NO: CONF
15
FILE NO: 226354.2024
SUBJECT: RCL
3233 Professional Services Panel
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COUNCIL DECISION
Motion: Moved:
Clr Hadid OAM Seconded: Clr Goodman
That Council:
1. Declines to accept any of the tender submissions, in
accordance with section 178(1)(b) of the Local Government (General)
Regulation 2021.
2. Authorises the CEO or delegate to negotiate with the
shortlisted tenderers as identified in Attachment 1 for RCL 3233 for the
following reasons:
(a) the shortlisted
tenderers have submitted offers to perform the services that cannot be
accepted in their current form;
(b) the shortlisted
tenderers have demonstrated the capability and experience to provide the
required services; and
(c) there are proposed
departures to the published terms and conditions that need to be resolved
prior to entry into contracts.
3. Directs the CEO or delegate to aim to conclude contracts
for the portions listed below for an initial three-year contract term, with
the option of extending for two 12-month extensions.
4. Agrees that if successful negotiations cannot be
concluded with shortlisted suppliers, then additional suppliers may be
included based on the ranking and scoring outlined in the report;
5. Authorises the CEO or delegate to execute all documents
necessary to give effect to this resolution; and
6. 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.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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Clr Macnaught left the chambers at 6.37pm.
Clr Macnaught returned to the
chambers at 6.39pm.
CLOSED SESSION
Motion:
Moved:
Clr Harle Seconded:
Clr Macnaught
That Council move into Closed Session to deal with CONF 16
– HOA Liverpool Civic Place confidential pursuant to the provisions of
s10(A)(2) of the Local Government Act because it contains information that
would, if disclosed, confer a commercial advantage on a person with whom the
Council is conducting (or proposes to conduct) business.
On being put to the meeting the motion was declared CARRIED.
The meeting moved into Closed Session at 6.19pm.
ITEM NO: CONF
16
FILE NO: 233842.2024
SUBJECT: HOA
Liverpool Civic Place
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COUNCIL DECISION
Motion: Moved:
Mayor Mannoun Seconded: Clr Macnaught
That Council:
1.
Accepts the terms of the Heads of Agreement between the party
identified in the confidential report and Liverpool City Council, with the
changes detailed in Memo 23 July 2024 REF: 238463.2024.
2. Agrees that, if
the agreement with the party identified in the confidential report proceeds,
a Childcare Centre will not be located in Liverpool Civic Place at this stage
and that Council has reversed the previous council resolution/decision.
3. Authorises
Council’s CEO, or Delegate, to take all necessary steps to give effect
to these resolutions consistent with the Heads of Agreement, including
conducting any necessary negotiations and executing any required documents.
Councillors
voted unanimously for this motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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RECESS
Mayor Mannoun called a recess of meeting at 7.07pm.
RESUMPTION OF MEETING
Mayor Mannoun resumed the meeting at 7.31pm, in closed session Council
due to confidential 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).
ITEM NO: CONF
13
FILE NO: 220708.2024
SUBJECT: Confidential
employment matter
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RECOMMENDATION
That Council:
1. Authorise
the CEO or delegate to resolve the dispute with Council’s former CEO on
the basis set out on page 4 of the report.
2. Authorise
the CEO or delegate to execute all documents necessary to give effect to this
resolution.
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COUNCIL DECISION
Motion: Moved:
Mayor Mannoun Seconded: Clr Harle
That this item be deferred.
On being put to the meeting the
motion was declared CARRIED.
Clr Rhodes requested that she
be recorded as having voted against the motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
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Mayor Mannoun left the chair at 7.50pm (remained in chamber) and the Clr
Macnaught assumed the chair.
Mayor Mannoun resumed the chair at 7.53pm.
Clr Rhodes left the chamber at 8.12pm.
Clr Rhodes returned to the chamber at 8.14pm.
Clr Hadid left the chamber at 8.37pm.
Clr Hadid returned to the chamber at 8.41pm.
Councillor Kaliyanda left the meeting at 8.54pm and notified
the Chair she was retiring at this time.
Councillor Rhodes left the meeting at 9.04pm and notified
the chair.
ITEM NO: CONF
06
FILE NO: 144844.2024
SUBJECT: Hammondville
Park
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RECOMMENDATION
That Council:
1.
Approves the sale of proposed Lot 101 and proposed Lot
102 in a proposed subdivision of Lot 10 in DP 1162812 (the Land) to
Moorebank Sports Club Limited for the amount specified in the Confidential
report provided Council retains access rights and provision of car parking as
outlined in the confidential report;
2.
Authorises the CEO to
complete all documentation necessary to give effect to the sale;
3. Creates an internally restricted reserve
titled the Hammondville Pool and Precinct Reserve for the proceeds of sale;
4. Agrees to publish details of the Contract of Sale
in line with the requirements of the Government Information (Public Access)
Act 2009; and
5. 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.
UPDATED COUNCIL
REPORT RECOMMENDATION (as per memo dated 23 July 2024)
That Council:
1.
Approves the sale of proposed Lot 101 and proposed Lot
102 in a proposed subdivision of Lot 10 in DP 1162812 (the Land) to
Moorebank Sports Club Limited for the amount specified in the Confidential
report provided Council retains access rights and provision of car parking as
outlined in the confidential report;
2.
Authorises the CEO to
complete all documentation necessary to give effect to the sale;
3. Creates an internally restricted reserve
titled the Hammondville Pool and Precinct Reserve for the proceeds of sale;
4. Agrees to publish details of the Contract of Sale
in line with the requirements of the Government Information (Public Access)
Act 2009; and
5. 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.
6. Directs the CEO to take steps to
address the recommendations made by ARIC and conduct further due diligence
prior to progressing these resolutions. If the further steps do not support
sale at the price specified in the Confidential report, then the matter
should be brought back for further consideration by Council.
7. To obtain the alternate variations
8. Subject to ARIC advice being
satisfied.
|
|
RECESS
Mayor Mannoun called a recess of meeting at 8.39pm, for Councillors
to seek further legal advice from General Counsel.
Clr Hadid returned to the chamber at 8.41pm.
Councillor Kaliyanda retired from the meeting at 8.54pm
and notified the Chair.
Councillor Rhodes retired from the meeting at 9.04pm and
notified the Chair.
Mayor Mannoun would like to note that the air-conditioning
system had not been functioning from approximately 6pm.
RESUMPTION OF MEETING
Mayor Mannoun resumed the meeting in closed Council at 9.05pm with Clr
Ammoun, Clr Goodman, Clr Hadid OAM, Clr Harle and Clr Macnaught.
Clr Kaliyanda and Clr Rhodes had retired from the meeting.
ITEM NO: CONF 06
FILE
NO: 144844.2024
SUBJECT: Hammondville
Park
COUNCIL DECISION
Motion
Moved: Clr
Goodman
Second: Clr Ammoun
That Council:
1.
Defer this matter to allow for:
a) Further
financial due diligence
b) to
demonstrate strategic alignment
c) closer
alignment to direct negotiation guidelines
2.
Receive a report back outlining a policy/ procedure improvement for
direct negotiations for future scenarios.
3.
Reiterate its commitment to finalise this matter as soon as possible
and its commitment to the project that will service the massive existing
growing population that is under serviced.
4.
Notes the risk that the purchaser may potentially withdraw from the
sale.
5.
To acknowledge the work and effort to date undertaken by staff to
satisfy the recommendations recorded within the probity report.
On being put to the meeting the
motion was declared CARRIED.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
Clr Kaliyanda
and Clr Rhodes was an retired for this meeting.
|
OPENED SESSION
Motion:
Moved:
Mayor Mannoun Seconded:
Clr Ammoun
That Council move into Open Session to deal with MOU 01,
Mayoral Minute 01, MOU 02 and PLAN 09.
Mayor Mannoun read the CONF 16,
CONF 13 and CONF 06.
On being put to the meeting the motion was declared CARRIED.
Mr
Mallard declared a pecuniary interest in the following item: A person named in
report.
Ms
Betty Boustani declared a pecuniary interest in the following item: A
person named in report.
Mr
Breton declared a pecuniary interest in the following item: A person named in
report.
Mr
Portelli declared a pecuniary interest in the following item: A person named in
report.
Ms
Bono declared a pecuniary interest in the following item: A person named in
report.
Ms Michelle Mcilvenny sat next to
the chair at 9.29pm
|
MOTION OF
URGENCY 01 - Support for Liverpool Council Staff
|
|
Report: Clr Fiona Macnaught
|
|
Recommendation:
Background
Liverpool
City Council staff have been the subject of an Office of Local Government
public report, with personal information published publicly for the last 7
days.
Motion:
Moved:
Clr Macnaught
Second: Clr Ammoun
That
Council:
1. Notes
the distress caused to staff by the public release of their personal details
without their knowledge, or without the opportunity to defend themselves
against these anonymous allegations.
2. Writes
to staff involved to ensure they are aware of all services available to
support them as Council employees through this distressing time, as a result
of this breech of privacy.
3. Notes
that Councillors acknowledge their roles are public and involve a level of
public interest which could be considered above average when compared to the
general public, however this is not the same for Council employees, and
strongly condemn the release of this personal information of staff.
|
Councillors voted unanimously for
this motion.
Clr Karnib and
Clr Dr Green was an apology for this meeting.
Clr Kaliyanda and Clr Rhodes was
an retired for this meeting.
|
Mayoral Minute 01
Subject:
CEO Performance Agreements
|
|
Report: Mayor Ned Mannoun
|
|
Date: 24
July 2024
|
|
- The Local Government Act 1993
(the Act) requires councils to appoint a person to be the
council's general manager (section 334). One of the prescribed functions
of the governing body of a council is to determine the process for the
appointment of the general manager (or in the case of Liverpool City
Council, the CEO) and to monitor their performance (section 223).
- The Office of Local
Government has produced “Guidelines for the Appointment and
Oversight of General Managers” (Guidelines). The Guidelines
have been developed to assist councillors when performing their
functions under the Act relating to the appointment of the CEO and
overseeing their performance. They are issued under section 23A of the
Act and must be taken into consideration by councils when exercising
their functions in relation to the recruitment and oversight of the CEO.
- In accordance with the
Guidelines, a Meeting of the CEO Performance Review Panel was called by
Stephen Blackadder and held on 4 June 2024 to review the CEO Performance
Agreement for the 2023/2024 year. Quorum was not achieved at this
meeting because of the absence of 2 councillors.
- The Minutes of that meeting
are attached together with the draft Performance Agreement.
- The minutes of that meeting
stipulated that the draft Performance Agreement would be referred to
councillors Green and Karess (Noting that there is a typographical error
in the minutes whereby “Macnaught” should have been
“Karess” as Councillor Macnaught was in attendance at the
meeting) for their concurrence. An email was subsequently sent by
Stephen Blackadder who received no reply.
- A further meeting of the CEO
Performance Review Panel was called by Stephen Blackadder and held on 2
July 2024 to review the CEO Performance Agreement for the 2024/2025
year. Quorum was again not achieved at this meeting because of the
absence of 2 councillors.
- Attached are the Minutes of
that meeting as well as the proposed form of the Performance Agreement
which was discussed at the meeting.
- Because quorum was not
achieved at either of the meetings, the Minutes stipulate that the two
meetings held would be reported to the Council Meeting in July 2024 to
endorse both Performance Agreements in accordance with the Meeting
Minutes.
Recommendation:
- That
Council endorses the 2023/24 and 2024/2025 CEO Performance Agreements,
subject to amendments set out in the Meeting Minutes of 2 July 2024; and
2. The
2024/2025 CEO Performance Agreement is to be put in force and apply from 1
July 2024.
Motion:
Moved:
Mayor Mannoun
Councillors voted unanimously
for this motion
Clr Karnib and
Clr Dr Green was an apology for this meeting.
Clr Kaliyanda and Clr Rhodes was an retired for this
meeting.
|
|
MOTION OF URGENCY 02
Subject:
Updating of the Capital Works Program
|
|
Report: Clr Peter Harle
|
|
Clr Harle
requested the Chair consider an urgency motion with in relation to updating
the capital works program.
Motion: Moved:
Clr Harle Second:
Clr Macnaught
That Council update the capital
works program.
1.
Receive a report back with regards
to cost and details of the project.
a. For Council to install an flagpoles in Civic Place
flying the Australian flag an Liverpool City Council Flag (crest) in line
with flag protocols
b. Install a crest in Civic Place public domain in a
highly visible location.
2.
That Council’s 1M budget
allocation to upgrade Female Friendly changeroom consider the following sites
for investment supplied in the table below
|
Site
|
Sports
|
Comments
|
|
Craik
Park
|
Athletics
Rugby League
|
High levels of usage and gender diverse sports
participation
|
|
Scott Memorial
|
Soccer
Cricket
|
High levels of usage and growing club participation
No
changeroom facilities
|
|
Hillier
Oval
|
Rugby
League
|
Changerooms
are poor quality
|
|
Dwyer
Oval
|
Athletics
Rugby Union
Schools
|
High
level of utilisation by athletics and schools – currently has only
one changeroom
|
|
Whitlam Oval 2
|
Soccer
Cricket
|
Incredibly outdated change facilities
Reasonable
level of demand from women and girls
|
|
Whitlam Oval 3 and 4
|
Soccer
Cricket
|
Incredibly
outdated change facilities
Reasonable
level of demand from women and girls.
|
|
Hoxton Park Reserve
|
Soccer
Cricket
|
High Levels of participation by women and girls in
a growing club
Facilities
are outdated
|
|
Paciullo Oval
|
Soccer
Touch Football
Ultimate Frisbee
Cricket
|
Changerooms
are significantly outdated
|
|
Hammondville Rugby League
|
Rugby
League
|
Highest level of participation of any sports club
(aside from netball)
|
|
Hammondville Soccer
|
Soccer
|
Outdated changerooms
|
|
Ireland Park
|
Soccer
|
Outdated changerooms
|
|
South Park
|
Soccer
Cricket
|
Outdated changerooms
|
|
Jacqui Osmond Reserve
|
Softball
|
Capacity
to attract tournaments / District level facility
|
|
Durrant Oval
|
Gridiron
Soccer
|
Good
levels of female participation in a fringe sport
|
|
Blamfield Oval
|
Touch Football
Cricket
|
Outdated changerooms
|
|
Woodward Park netball
|
Netball
|
Highest volumes of court sport participation by
women and girls
Outdated
changing rooms
|
|
Jardine Park
|
Soccer
|
Growing levels of female participation
Outdated
Changerooms
|
|
Rosedale
Oval
|
Cricket
AFL
|
High levels of womens participation
Outdated
changerooms
|
On being put to the meeting the
motion was declared CARRIED.
Councillors voted unanimously
for this motion
Clr Karnib and Clr Dr Green was
an apology for this meeting.
Clr Kaliyanda and Clr Rhodes
had retired from the meeting.
|
Planning
& Compliance Reports
ITEM
NO: PLAN 09
FILE NO: 222071.2024
SUBJECT: Response
to Council Resolution of 27 March 2024 re. changes to contributions collection
|
COUNCIL DECISION
Motion: Moved:
Clr Macnaught Seconded: Clr Ammoun
That Council:
1. Notes contributions already paid to Council cannot be refunded via
a modification application.
2. Notes any modifications to the contributions conditions must be
part of a modification application for the whole development that triggers a
change in the contributions payable.
3. Notes the directions issued for the execution of items 4, 7 and 8
of Council resolution of 27 March 2024 (Attachment 1).
4. Not
withstanding Point 1, Council investigate other councils (Eg. Fairfield City
Council) policy to seek benchmarking for further perimetres, or Policy
update/ procedure update for those DAs captured between the
motion being passed and 16 July 2024.
Councillors
voted unanimously for this motion
Clr Karnib and Clr Dr Green was
an apology for this meeting.
Clr Kaliyanda and Clr Rhodes
had retired from the meeting.
|
THE MEETING CLOSED AT 10.00pm.
<Signature>
Name:
Ned Mannoun
Title: Mayor
Date: 28 August 2024
I have authorised a stamp bearing my signature to be
affixed to the pages of the Minutes of the Council Meeting held on 25 July 2024. I confirm that Council
has adopted these Minutes as a true and accurate record of the meeting.