MINUTES OF THE Ordinary Meeting
HELD ON 1 February 2023
PRESENT:
Mayor Ned Mannoun
Councillor Ammoun
Councillor Goodman
Councillor Green
Councillor Hadid
Councillor Hagarty
Councillor Harle
Councillor Kaliyanda
Councillor Karnib
Councillor Macnaught
Councillor Rhodes
Mr John Ajaka, Chief Executive Officer
Mr Farooq Portelli, Acting Director Corporate Services
Ms Tina Bono, Director Community & Culture
Ms Lina Kakish, Acting Director Planning & Compliance
Mr Jason Breton, Acting Director City Presentation
Mr Michael Zengovski, Acting Director Economy and Commercial Development
Mr John Lac, Acting Director Infrastructure & Environment
Mr David Galpin, General Counsel, Manager Governance, Legal and Procurement
Mr John Milicic, Manager Property Service
Mr Lance Northey, Communications Lead
Mr George Georgakis, Manager Council and Executive Services
Ms Susan Ranieri, Coordinator Council and Executive Services (minutes)
The meeting commenced at 2.03pm.
STATEMENT REGARDING WEBCASTING OF MEETING |
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. |
ACKNOWLEDGMENT OF COUNTRY, PRAYER OF COUNCIL AND AFFIRMATION |
The prayer of the Council was read by Reverend Bruce Hammonds from Liverpool Presbyterian Church. |
NATIONAL ANTHEM |
The National Anthem was played at the meeting. |
COUNCILLORS ATTENDING REMOTELY |
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Nil. |
Nil.
CONDOLENCES
Nil.
Confirmation of Minutes
Motion: Moved: Clr Rhodes Seconded: Clr Hadid
That the minutes of the Ordinary Meeting held on 14 December 2022 be confirmed as a true record of that meeting. |
On being put to the meeting the motion was declared CARRIED.
Clr Goodman declared a non-pecuniary, but significant interest in the following item;
Item: CONF 04 – Legal Affairs Report – Charles Street.
Reason: Clr Goodman is related to the owner.
Note: Clr Goodman did not receive the report in his Agenda.
Clr Goodman left the Chambers for the duration of the item.
Deputy Mayor Hadid declared a non-pecuniary, but significant interest in the following item:
Item: CONF 03 – Legal Affairs Report
Reason: Deputy Mayor Hadid is the President of the Australian Islamic House.
Deputy Mayor Hadid left the Chambers for the duration of the item.
Deputy Mayor Hadid declared a non-pecuniary, less than significant interest in the following item:
Item: CONF 04 – Legal Affairs Report – Charles Street
Reason: Deputy Mayor Hadid is friends with the applicants.
Note: Deputy Mayor Hadid did not receive the report in his Agenda.
Deputy Mayor Hadid left the Chambers for the duration of the item.
Farooq Portelli, Acting Director Corporate Services declared a non-pecuniary, less than significant interest in the following item:
Item: CONF 03 – Legal Affairs Report.
Reason: He was a Board Member for the Australian Islamic House until his resignation in September 2022.
Mayor Mannoun declared a non-pecuniary, but significant interest in the following item:
Item: CONF 04 – Legal Affairs Report – Charles Street.
Reason: Mayor Mannoun is related to the owner.
Note: Mayor Mannoun did not receive the report in his Agenda.
Mayor Mannoun left the Chambers for the duration of the item.
Clr Ammoun declared a non-pecuniary, less than significant interest in the following item:
Item: CONF 03 – Legal Affairs Report.
Reason: Clr Ammoun was the Public Officer for the Australian Islamic House.
Clr Ammoun left the Chambers for the duration of the item.
Presentation – items not on agenda
Representation – items on agenda
1. Ms Hayley Prenter addressed Council on the following item:
NOM 02 – Medicare Psychology Services.
Motion: Moved: Clr Hadid Seconded: Mayor Mannoun
That a three minute extension of time be given to the speaker.
On being put to the meeting the motion was declared CARRIED.
MAYORAL REPORT
Nil.
Chief Executive Officer Report
FILE NO: 008927.2023
SUBJECT: Annual Code of Conduct Complaints Statistics Report
Motion: Moved: Clr Harle Seconded: Clr Rhodes
That Council receive and note the report and the Complaints Statistics Report attached to the report, which has been submitted by the Internal Ombudsman to the Office of Local Government.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 449213.2022
SUBJECT: Regional Affordable Housing Strategy & Scheme
Motion: Moved: Clr Hadid Seconded: Clr Rhodes
That Council:
1. Note the Western Planning Partnership is preparing a Western Sydney Regional Affordable Housing Strategy and Contributions Scheme, in consultation with the nine Partnership Councils, the Greater Cities Commission and the Department of Planning and Environment;
2. Contribute $10,000 to the development of a Western Sydney Regional Affordable Housing Strategy and Scheme through the existing Strategic Planning Consultant budget and continue in-kind participation of Council staff;
3. Note that contribution of funds does not commit Council to the adoption or endorsement of the Western Sydney Regional Affordable Housing Strategy and Contributions Scheme; and
4. Receive a further report once the Draft Western Sydney Regional Affordable Housing Strategy and Contributions Scheme has been prepared by the Western Sydney Planning Partnership.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 002940.2023
SUBJECT: Review of Permit Parking Policy
Motion: Moved: Clr Rhodes Seconded: Clr Ammoun
That:
1. Council approves the revised Permit Parking Policy and Assessment Procedure;
2. Information on available truck parking in industrial areas be included on Council’s website as well as the process for parking permits. Promotion and forward communication to be through different platforms for people who may not understand or respond to the letters; and
3. Council investigate potential opportunities for hardstand parking at Rossmore and surrounding rural areas including the proposed second depot site.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 004103.2023
SUBJECT: Street Naming- Chinook Street, Edmondson Park
Motion: Moved: Mayor Mannoun Seconded: Clr Macnaught
That Council:
1. Supports the Street name “Chinook” Street, Edmondson Park;
2. Forwards the name to the Geographical Names Board, seeking formal approval;
3. Publicly exhibits the name in accordance with Council’s Naming Convention Policy, for a period of 28 days, following formal approval from the GNB; and
4. Authorises the Chief Executive Officer to undertake the process of gazettal, if there are no objections received during public exhibition.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 374519.2022
SUBJECT: Council Committee Governance Transformation
Motion: Moved: Mayor Mannoun Seconded: Clr Goodman
That: 1. Council adopts the consolidated Governance Committee Charter;
2. Council determines that the Governance Committees (except the Audit Risk and Improvement Committee which will continue to meet quarterly) will convene once a month on a Tuesday;
3. Council notes that the Governance Committees will commence in March 2023;
4. Council delegates authority to the Governance Committees to exercise their functions in line with section 377 of the Local Government Act 1993;
5. The CEO is the non-voting member until the Subject Matter Expert is recruited;
6. Council approves the changes to the reporting lines of the current Community Committees in line with table A of this report. In doing so, authorise staff to make the necessary changes to the Community Committees’ respective Charters to reflect these changes;
7. Council approves the alterations of the Community Committees in line with table A overleaf i.e. the deletion of the Strategic Panel and the Budget Review Panel and the recategorisation of the Audit, Risk and Improvement Committee to the “Governance Committee tier”;
8. Council notes that a further report will come to Council with the Governance committees meeting procedure and subject matter expert recommendations for each Committee for its approval; and
9. Council notes that the remaining community committees are as follows; · Aboriginal Consultative · Community Safety and Crime Prevention Committee · Civic Advisory Committee · Companion Animal Advisory · Environment Advisory Committee · Heritage Advisory Committee · Intermodal Precinct Committee · Liverpool Access Committee · Liverpool Sports Committee · Tourism and CBD committee · Youth Council · Traffic Committee
10. Council pilot a three month trial to determine if successful including providing data on attendance at community committees; and
11. Should the motion be successful, that Council appoint council representatives to the community committees (as per their charters) and external committees immediately.
Foreshadowed Motion: Motion: Clr Harle Seconded: Clr Green
That this item be deferred for an extensive briefing session.
On being put to the meeting the motion (moved by Mayor Mannoun) was declared CARRIED and the Foreshadowed motion (moved by Clr Harle) therefore lapsed.
Motion: Moved: Mayor Mannoun Seconded: Clr Rhodes
That Council appoint the following Councillors to Community Committees and Affiliated Bodies:
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 008426.2023
SUBJECT: Investment Report December 2022
Motion: Moved: Clr Rhodes Seconded: Clr Hagarty
That Council receive and note this report.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 003171.2023
SUBJECT: Minutes of the Strategic Panel meeting held on 28 November 2022
Motion: Moved: Clr Kaliyanda Seconded: Clr Rhodes
That Council:
1. Receives and notes the Minutes of the Strategic Panel Meeting held on 28 November 2022; and
2. Endorse the actions in the Minutes.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 013842.2023
SUBJECT: Question with Notice - Clr Hagarty - Senior Advisor / Policy Officer
In October 2022 a question was taken on notice regarding QWN 01 (Question with Notice – Clr Hagarty – Staff Vacancies) about a Senior Policy Officer role. The following response was provided:
The Senior Policy Officer role was advertised in April and no suitable applications were received.
The position was retitled to Senior Advisor in July at the request of the Acting CEO and readvertised. Positions are typically advertised on seek and Council’s website.
A number of applications were received in the second round, and six or seven were interviewed by a panel of three staff members. A report was written with a recommendation for the A/CEO to consider.
Questions:
Please address the following:
1. Was the Senior Advisor position filled from the pool of those interviewed in the second round?
2. If not: a. was a preferred candidate found for the Senior Advisor position during the second round? b. is Council still seeking to fill the Senior Policy Officer / Senior Advisor role?
Response (provided by Corporate Services)
1. Was the Senior Advisor position filled from the pool of those interviewed in the second round?
Council has not had success securing suitable applicants, therefore the position was not filled.
2. If not: a. was a preferred candidate found for the Senior Advisor position during the second round? b. is Council still seeking to fill the Senior Policy Officer / Senior Advisor role?
A preferred candidate was not found for the Senior Advisor position during the second round.
Recruitment for the position is now on hold until later in the year when we are clearer about Council’s position around advocacy.
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FILE NO: 013989.2023
SUBJECT: Question with Notice - Clr Green - Progress of Referred Investigation September 2022
At the Extraordinary Council Meeting of September 15, 2022, a motion was passed to write to the relevant legislative agencies asking for an urgent and immediate investigation to take place into the alleged leaking of confidential information.
The Office of Local Government was also to be notified of this motion.
Can Council please provide:
1. An update of the progress of the investigation. 2. If the investigation has competed, has Council received an official report and if not a. what is the anticipated timeline to completion And if so, b. When will Councillors be informed of the investigation outcome? Response (provided by Acting Internal Ombudsman)
Council wrote to the Office of Local Government and Minister on 17 October 2022 asking for an urgent and immediate investigation to take place into the alleged leaking of confidential information. The Minister for Local Government responded that the matter “is being reviewed by our office and we will respond to you at our earliest convenience”. No further response has been provided to Council.
In addition, Council wrote to NSW Ombudsman, ICAC, and NSW Police. The NSW Ombudsman responded that the matter is outside the jurisdiction of the NSW Ombudsman. ICAC and NSW Police requested further information.
Council is awaiting a concluded position from the Office of Local Government, ICAC and NSW Police before deciding on next steps.
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FILE NO: 015565.2023
SUBJECT: Question with Notice - Clr Kaliyanda - Council Maintenance of Sporting Venues and Facilities
1. What are Council’s processes for determining whether maintenance of community sporting facilities/venues is required and is included as part of the capital works plan? 2. Is this different to the processes used for addressing urgent or unexpected repairs? 3. If so, what checks and balances are used to ensure maintenance is performed in a timely manner to the standard expected of Council? 4. Is there a separate budget allocation for emergency or unexpected works/maintenance of Council sporting venues or facilities? 5. How does Council ensure that all relevant contact points of Council are across the situation where such works or maintenance occurs?
Response (provided by City Presentation) 1. What are Council’s processes for determining whether maintenance of community sporting facilities/venues is required and is included as part of the capital works plan? · Capital works planning and developing Social infrastructure is managed via LCC guidelines. These projects are delivered by Infrastructure and Environment in conjunction with Properties. · Final stage of the delivery process is to ensure funds are allocated for ongoing maintenance prior to handing over to City Presentation / Community and Culture
2. Is this different to the processes used for addressing urgent or unexpected repairs? · Dependent on the extent of the urgent /unexpected repairs, it may be covered within the budget. High cost urgent and unexpected repairs may be over and above budget and it will require an application for additional funding.
3. If so, what checks and balances are used to ensure maintenance is performed in a timely manner to the standard expected of Council? · Facilities perform maintenance to the relevant Schedule and/or AU/NZ standards. IE: Fire, HVAC, Electrical reticulation, hydraulic, HVAC, Fall arrest, HAZMAT remediation, other as required. · Works carried out under the contract RCL are inspected upon practical completion. · Unforeseen breakdowns and vandalism are “made good” in the first instance then detail repairs are made as soon as practical.
4. Is there a separate budget allocation for emergency or unexpected works/maintenance of Council sporting venues or facilities? · For emergency works <$10k facilities use the allocated “Repair and Maintenance” budget which we hold. All recurrent maintenance is provided by Community & Culture – Recreation and Community Facilities. · Recreation and Community Facilities also provide funding for minor capital.<$50k
5. How does Council ensure that all relevant contact points of Council are across the situation where such works or maintenance occurs? · Facilities will provide correspondence to Recreation and Community on any scheduled or unforeseen repair works. Recreation then decipher that information to relevant parks stakeholders.
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FILE NO: 013960.2023
SUBJECT: 10th Anniversary of Montenegro Park
Council opened Montenegro Park, Moorebank in 2013. To commemorate the 10th anniversary, the local Montenegrin community would like to mark the occasion with a small ceremony.
Council's civic events team have been working with a representative from the community to ascertain the scope and estimated budget for the proposed event. They estimate a total cost to Council for the event of $6300.
All Civic functions outside of official park openings and other endorsed Civic events require a Council resolution to allocate budget and resourcing.
NOTICE OF MOTION (submitted by Clr Hagarty)
That Council:
· commemorate the 10th anniversary of the opening of Montenegro Park with a small civic event involving the planting of a Eucalyptus and Olive tree to symbolise the bonds between Australia and Montenegro; and
· allocate $6300 from the civic events budget for the event.
COUNCIL DECISION Motion: Moved: Clr Hagarty Seconded: Clr Ammoun
That the recommendation be adopted.
On being put to the meeting the motion was declared CARRIED. |
FILE NO: 015381.2023
SUBJECT: Medicare Psychology Services
Last December the Federal Government took the decision to slash access to psychology services for our community. This decision went directly against the recommendations of the extensive government-commissioned evaluation of Medicare psychology services, conducted by the University of Melbourne. This, at a time when interest rates and the cost of living pressures are mounting, is an abandonment of our most vulnerable people.
Statistics illustrate that up to 40 percent of people aged 15-24 years report suffering from a mental health condition. The majority of access to Medicare funded psychology services has been provided to young people within the community, particularly young women. Extensive research indicates that 18-20 psychology sessions is required to assist with moderate mental health issues – a far cry from the 10 sessions the government has landed on.
NOTICE OF MOTION (submitted by Clr Macnaught)
To support the health of our community, council must resolve to:
1. Write to the Federal Health Minister, the Hon Mark Butler MP, expressing its objection in the strongest terms to the slashing of Medicare funded psychology services, and immediately call for the reinstatement of 20 Medicare funded sessions;
2. Write to local Federal MPs Ms Anne Stanley, MP and Ms Dai Le, MP to encourage their support of the reinstatement of the previous level of mental health care, 20 sessions, for our community; and
3. Write to Ms Jenny Ware, MP, to congratulate her on her advocacy petitioning the Federal Government to reverse their slashing of mental health funding, and reiterate Council’s support for the reinstatement of 20 Medicare funded psychology sessions. COUNCIL DECISION Motion: Moved: Clr Macnaught Seconded: Clr Ammoun
To support the health of our community, council must resolve to:
1. Write to the Federal Health Minister, the Hon Mark Butler MP, expressing its objection in the strongest terms to the slashing of Medicare funded psychology services, and immediately call for the reinstatement of 20 Medicare funded sessions;
2. Write to local Federal MPs Ms Anne Stanley, MP and Ms Dai Le, MP to encourage their support of the reinstatement of the previous level of mental health care, 20 sessions, for our community;
3. Write to Ms Jenny Ware, MP, to congratulate her on her advocacy petitioning the Federal Government to reverse their slashing of mental health funding, and reiterate Council’s support for the reinstatement of 20 Medicare funded psychology sessions; and
4. Formally write to Ms Prenter, who spoke at the Council meeting earlier in the public forum section, to thank her for her continuous advocacy on this matter for our local community.
On being put to the meeting the motion was declared CARRIED.
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recess
Mayor Mannoun called a recess at 3.21pm.
RESUMPTION OF MEETING
The meeting resumed at 3.37pm in Open Session with all Councillors present.
Confidential Items
FILE NO: 427918.2022
SUBJECT: Acquisition of Lot 850 in DP 2475, 235 Tenth Avenue, Austral
Motion: Moved: Clr Hadid Seconded: Clr Ammoun That Council:
1. Approves the acquisition of Lot 850 in DP 2475, 235 Tenth Avenue, Austral, within the terms outlined in this confidential report;
2. Resolves to classify Lot 850 in DP 2475 as “Operational” land in accordance with the Local Government Act 1993;
3. Authorises the CEO or his delegated officer to execute any document, under Power of Attorney, necessary to give effect to this decision; and
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.
On being put to the meeting the motion was declared CARRIED.
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FILE NO: 017442.2023
SUBJECT: Phillips Park Redevelopment Project, Lurnea Loan Funding - NSW Treasury Corporation
Motion: Moved: Clr Hadid Seconded: Clr Ammoun
That Council:
1. Agrees to borrow $4 million from TCorp for the Phillips Park Redevelopment Project, Lurnea.
2. Authorises the CEO and Mayor to execute any documentation required to be signed by the CEO and Mayor to give effect to resolution 1.
3. Authorises application of the Common Seal of Council to any document required to be executed under seal to give effect to resolution 1.
4. Authorises the CEO to execute any other documents required to give effect to these resolutions.
On being put to the meeting the motion was declared CARRIED.
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appointment of councillor representatives to committees
Council then moved a motion and appointed Councillors to Community Committees and Affiliated Bodies. This is shown earlier in these minutes under item CORP 01 – Council Committee Governance Transformation.
FILE NO: 008778.2023
SUBJECT: Legal Affairs Report
Motion: Moved: Clr Rhodes Seconded: Clr Macnaught
That Council notes the contents of the report.
On being put to the meeting the motion was declared CARRIED.
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Motion: Moved: Clr Hagarty Seconded: Clr Goodman
In the absence of the Mayor and Deputy Mayor for CONF 04 of the meeting, Councillor Karnib assume the position of Chairperson.
On being put to the meeting the motion was declared CARRIED.
Mayor Mannoun and Clr Goodman retired from the meeting at 3.56pm
Clr Ammoun returned to the Chambers at 3.56pm.
FILE NO: 008834.2023
SUBJECT: Legal Affairs Report - Charles Street
Motion: Moved: Clr Hagarty Seconded: Clr Kaliyanda That Council notes the contents of the report.
On being put to the meeting the motion was declared CARRIED.
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<Signature>
Name: Ned Mannoun
Title: Mayor
Date: 1 March 2023
I have authorised a stamp bearing my signature to be affixed to the pages of the Minutes of the Council Meeting held on 1 February 2023. I confirm that Council has adopted these Minutes as a true and accurate record of the meeting.