Minutes of Council Meeting

Council Meeting

1 May 2019

Minutes of the Council Meeting 1 May 2019

Meeting commenced at 6:32pm

Greg Cummings (Mayor)	Councillor
Glenn Elmore (Deputy Mayor)	Councillor
Ned Attie	Councillor
George Campbell	Councillor
Steve Christou	Councillor
Paul Garrard	Councillor
Ross Grove	Councillor
Ola Hamed	Councillor
Kun Huang	Councillor
Lisa Lake	Councillor
Joseph Rahme	Councillor
Suman Saha	Councillor
Michael Zaiter	Councillor
Tom Zreika	Councillor
Hamish McNulty	General Manager
Daniel Cavallo	Director Environment & Planning
Brooke Endycott	Director Community Development
Peter Fitzgerald	Director Works & Infrastructure
Charlie Ayoub	Acting Director Finance & Governance
Corey Jones	Acting Director People & Performance

Also Present:

Carol Karaki	Governance Coordinator
Olivia Shields	Governance Administration Officer
Laith Jammal	Governance Administration Officer

The Mayor, Councillor Cummings noted that the Opening Prayers will be deferred to follow the Mayoral Minute and Notice of Motion regarding the Attack on Sri Lankan Churches.

Acknowledgement of Country

The Mayor, Councillor Cummings opened the Meeting with the following Acknowledgement of Country:

“I would like to acknowledge the traditional owners of this land – the Darug People, and pay my respects to their elders both past and present.”

National Anthem

At this point in the meeting the Mayor, Councillor Cummings asked all of those in attendance to stand for the playing of the Australian National Anthem.

Notice of Live Streaming of Council Meeting

The General Manager, Hamish McNulty advised that the Council meeting was being streamed live on Council's website and members of the public must ensure their speech to the Council is respectful and use appropriate language.

Min.497 Apologies/Leave of Absence

Councillor Sarkis was noted as an apology, as Leave of Absence was granted at the Ordinary Council Meeting held on 17 April 2019.

Min.498

Suspension of Standing Orders

Resolved (Attie/Saha)

That in accordance with Clause 2.7 (3) of the Code of Meeting Practice, Council suspend standing orders to allow Items MM05/19-4 and C05/19-80 to be addressed collectively at this point of the Meeting and for the Opening Prayers to follow.

Min.499

MM05/19-4 Mayoral Minute - Attack on Sri Lankan Churches

Resolved (Cummings)

That Council support this Mayoral Minute.

Min.500

C05/19-80 Notice of Motion - Sri Lankan Atrocities

Resolved (Rahme/Attie)

That Council:

1. Observe a moments silence for the victims of the Sri Lankan Easter Bombings.

2. Write to the Sri Lankan High Commissioner in Canberra and Consulate General in Sydney condemning the recent events, providing our condolences and also moral support.

Carried Unanimously

Opening Prayer

Due to the events in Sri Lanka over the Easter weekend, Council invited Ministers from multiple faiths to each deliver a prayer. The Opening Prayers were read by Pastor Carly Lewis from Merrylands C3 Church, Sheik Mohammed Alzoubi from Auburn Islamic Community Centre, Pastor Suji from the Toongabbie Church and Father Chaminda Wanigasena from the Sri-Lankan NSW Catholic Association.

The Mayor, Councillor Cummings called for a minute of silence at the conclusion of the Opening Prayers.

Min.501

Resumption of Standing Orders

Resolved (Attie/Saha)

That in accordance with Clause 1.6 (2) of the Code of Meeting Practice, Council resume the normal order of business.

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

Councillor Cummings declared a non-pecuniary, significant interest in Item C05/19-71 as he is a member of the executive of the organisation who applied for a grant.

Councillor Grove declared a non-pecuniary, less than significant interest in Item C05/19-71 as he is the Region President of the Greater Western Sydney Scouts Australia NSW.

Councillor Grove also declared a pecuniary interest in Item RES05/19-1 as he is employed by the City of Parramatta Council. As such, Councillor Grove exited the Chamber during the consideration of this item.

Confirmation of Minutes

Min.502

C05/19-68 Minutes of the Ordinary Meeting of Council - 17 April 2019

Resolved (Garrard/Saha)

That Council confirm the minutes of the Ordinary Meeting of Council held on 17 April 2019.

Min.503

Items by Exception

Resolved (Christou/Saha)

At this time of the meeting, all items on the agenda not called for discussion were moved collectively, as shown:

That item numbers C05/19-69, C05/19-71, C05/19-72, C05/19-73, C05/19-74, C05/19-75, C05/19-77 and C05/19-81 be moved in bulk.

Min.504

C05/19-69 Legal Report

Resolved (Christou/Saha)

That Council receive this report.

Min.505

C05/19-71 Cumberland Council Community Grants Program Round Three 2018/2019

Resolved (Christou/Saha)

That Council:

1. Adopt the 60 applications recommended for funding under Attachment 1 and allocate $374,479 from the Cumberland Community Grants Program budget 2018/19.

2. Advise all applicants of funding allocations under Round Three of the Community Grants Program 2018/19 and provide feedback and support to applicants that were unsuccessful.

3. Withdraw any applications recommended for funding in 2018/2019 if the organisation has not provided compulsory information to Council to enable payment before the end of the financial year.

4. Adopt the revised program structure for the Cumberland Community Grants Program 2019/20 included under Attachment 3.

Min.506

C05/19-72 NSW Local Government Excellence Awards 2019

Resolved (Christou/Saha)

That Council:

1. Nominate Councillors who wish to attend the NSW Local Government Excellence Awards, being held at The Westin Sydney on Thursday, 20 June 2019 at 6.30pm.

2. Meet the attendance fee for those Councillors who wish to attend in accordance with the Councillor Expenses and Facilities Policy and the financial implications outlined in this report.

Min.507

C05/19-73 Draft Environmental Management Framework 2019

Resolved (Christou/Saha)

That Council place the Draft Environmental Management Framework 2019 on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Min.508

C05/19-74 Draft Cumberland Biodiversity Strategy 2019

Resolved (Christou/Saha)

That Council place the Draft Cumberland Biodiversity Strategy 2019 on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition.

Min.509

C05/19-75 Cumberland Employment and Innovation Lands Strategy

Resolved (Christou/Saha)

That Council:

1. Adopt the Cumberland Employment and Innovation Lands Strategy.

2. Endorse that the strategic framework identified in the Strategy and the technical study are used to inform a review of relevant planning controls as part of the new Cumberland Local Environmental Plan.

3. Note that other actions identified in the Strategy will be incorporated into Council’s work plan.

Min.510

C05/19-77 Cumberland Traffic Committee - Minutes of Meeting held on 3 April 2019

Resolved (Christou/Saha)

That the minutes of the Cumberland Traffic Committee meeting held on 3 April 2019 be received and the recommendations contained therein be approved.

Min.511

C05/19-81 Expression Of Interest Evaluation Report - Road Infrastructure Services

Resolved (Christou/Saha)

That Council select the below providers and proceed to the calling of selective tenders for these providers for Road Infrastructure Services in accordance with Clause 168(4)(a) of the Local Government (General) Regulations 2005.

1. Downer EDI Works Pty Ltd (ABN 66 008 709 606)

2. Ford Civil Contracting (ABN 24 002 542 814)

3. Fulton Hogan Industries (ABN 54 000 538 689)

4. State Asphalt Service Pty Ltd (ABN 49 001 287 421)

Min.512

C05/19-70 Draft Operational Plan and Budget 2019-2020

Resolved (Campbell/Christou)

That Council:

1. Endorse the Draft Operational Plan, Draft Fees and Charges, and Budget 2019/20 for public exhibition for a period of 28 days.

2. Work with Belgravia Leisure to ensure that free entry provisions for pensioners and any other categories of swimmers are applied consistently across all swimming centres.

	C05/19-71 Cumberland Council Community Grants Program Round Three 2018/2019
This item was dealt with earlier in the meeting.

	C05/19-72 NSW Local Government Excellence Awards 2019
This item was dealt with earlier in the meeting.

	C05/19-73 Draft Environmental Management Framework 2019
This item was dealt with earlier in the meeting.

	C05/19-74 Draft Cumberland Biodiversity Strategy 2019
This item was dealt with earlier in the meeting.

	C05/19-75 Cumberland Employment and Innovation Lands Strategy
This item was dealt with earlier in the meeting.

Min.513

C05/19-76 Provision of Verge Mowing Services

Motion (Campbell/Zreika)

That:

1. Council adopt option 1: Cease mowing residential nature strips within the former Auburn City Council area whilst continuing to mow nature strips along main roads and continue with the existing service standards of the former Holroyd and Parramatta City Councils.

2. Council adopt option 3: Allocate future funding to service key strategic locations and areas across the Council area.

3. Council continues to provide a mowing service to those residents that receive a service under the current hardship assistance program.

4. Council continues to provide a pensioner mowing service.

5. Council receive a further report outlining a new verge mowing policy and service standard.

6. The cessation of mowing residential nature strips be for a trial 12-month period beginning two months after being announced and be accompanied by an educational program that explains the reasons and the benefits to the community, and seeks support. Publicity should include letterboxing of leaflets, Council’s website and the Local Print Media.

7. Before mowing overgrown verges, Council will engage with non-participating residents by mail and, where necessary, home visits.

8. A report be brought back to Council after 12 months.

Amendment (Zaiter/Grove)

That:

1. Council delete point 8 from the original motion.

2. Council replace point 6 with the following clause:

The cessation of mowing residential nature strips be accompanied by an educational program that explains the reasons and the benefits to the community, and seeks support. Publicity should include letterboxing of leaflets, Council’s website and the Local Print Media.

The Amendment moved by Councillor Zaiter seconded by Councillor Grove on being Put was declared LOST.

A division was called, the result of the division required in accordance with Council’s Code of Meeting Practice is as follows:

Councillor(s) For the Amendment: Attie, Cummings, Garrard, Grove, Rahme and Zaiter.

Councillor(s) Against the Amendment: Campbell, Christou, Elmore, Hamed, Huang, Lake, Saha and Zreika.

The motion moved by Councillor Campbell seconded by Councillor Zreika on being Put was declared CARRIED.

A division was called, the result of the division required in accordance with Council’s Code of Meeting Practice is as follows:

Councillor(s) For the Motion: Campbell, Christou, Elmore, Grove, Hamed, Huang, Lake, Rahme, Saha and Zreika.

Councillor(s) Against the Motion: Attie, Cummings, Garrard and Zaiter.

Councillor Rahme left the Meeting at 7:25pm and returned to the Meeting at 7:29pm during the consideration of this item.

Councillor Rahme left the Meeting at 7:30pm and returned to the Meeting at 7:37pm during the consideration of this item.

	C05/19-77 Cumberland Traffic Committee - Minutes of Meeting held on 3 April 2019
This item was dealt with earlier in the meeting.

Min.514

C05/19-78 Notice of Motion - Junior Pro-Am Golf Tournament

Resolved (Garrard/Zreika)

That:

1. Council determine to re-establish the ‘Junior Pro-Am Golf Tournament’ at Woodville golf course, and that a tournament date in June of 2020 be sought from the PGA, to coincide with the school holidays.

2. Funding for the event be made available from the golf course operational budget and that available sponsorship be sought to offset costs.

Min.515	C05/19-79 Notice of Motion - Wyatt Park
Resolved (Attie/Zreika) That Council: 1. Provide a report regarding the current status of the Wyatt Park Master Plan and reasons for the lack of progress. 2. Provide a workshop to interested councillors and also receive feedback from them regarding the future look of Wyatt Park. 3. Allow a period of community consultation for their views on the future look of Wyatt Park. 4. Contact previous stakeholders who showed an interest in the Park previously, and provide them with updates of Council’s intentions and any proposals they wish to put forward. 5. Write to the Minister for Sport, Multiculturalism, Seniors and Veterans, The Hon John Sidoti, and the Minister for Planning and Public Spaces providing them with an update on Council’s intentions for the Park and seeking State Government funding for support in its development. Councillors Grove and Christou left the Meeting at 7:55pm and returned to the Meeting at 7:57pm during the consideration of this item.
	C05/19-80 Notice of Motion - Sri Lankan Atrocities
This item was dealt with earlier in the meeting.

Min.516

RES05/19-1 Notice of Rescission - Granville Boundary Adjustments

Note: Councillor Grove exited the Chamber at 8:04pm during the consideration of this item as he had declared a pecuniary interest in this item.

Note: Councillor Garrard tabled a Petition in relation to this matter.

Motion (Garrard/Rahme)

Pursuant to Notice, Councillors Garrard, Sarkis and Rahme move the following Resolution of Council 17/04/19 (Item C04/19-67) be rescinded:

That Council:

1. Note the significant level of high rise development occurring on the northern side of the railway line at Granville in the City of Parramatta arising from the Parramatta Road Urban Transformation Strategy.

2. Note that the residents of these buildings will inevitably use the community facilities (pool, community centre, library and parks) provided by Cumberland Council in Granville and that Cumberland Council will receive no rates and no developer contributions from these developments.

3. Note that during the Council amalgamation process both the former Auburn and Holroyd Councils made a submission to the Delegate reviewing the proposed amalgamation advocating that the boundary of Cumberland Council at Granville should be the M4.

4. Note that the Parramatta Council submission to the Delegate reviewing the proposed amalgamation proposed that the boundary between Cumberland Council and the City of Parramatta at Granville should be Parramatta Road.

5. Agree that the process required under Section 218E of the Local Government Act to amend the boundary between Cumberland Council and the City of Parramatta at Granville to the M4 be commenced.

6. Write to the City of Parramatta outlining Cumberland Council’s concerns about the boundary at Granville and seek the City of Parramatta’s support for a submission under Section 218E of the Local Government Act to amend the boundary between Cumberland Council and the City of Parramatta at Granville to the M4.

7. Seek information about any asbestos contamination in the area bounded by Kemp St, Parramatta Rd, James Ruse Drive, and the M4 and a report be returned to Council on the responsible parties for remediation and the costs to Council if the area is transferred to Cumberland Council.

8. Write to the City of Parramatta Council seeking support for a proposal to the Minister for Local Government to alter the boundary between Cumberland Council and the City of Parramatta Council as follows:

a) That the area of the former Holroyd City Council which was bounded by the Great Western Highway, Burnett Street, the M4 Motorway, Pitt Street, Banks Street and Steele Street and which was included in the area of the new City of Parramatta Council when it was constituted on 12 May 2016 be transferred into the area of Cumberland Council.

9. Undertake consultation with affected residents as part of this process.

The Rescission Motion moved by Councillor Garrard, seconded by Councillor Rahme on being Put was declared Lost.

A division was called, the result of the division required in accordance with Council’s Code of Meeting Practice is as follows:

Councillor(s) For the Rescission: Garrard and Rahme.

Councillor(s) Against the Rescission: Attie, Campbell, Christou, Cummings, Elmore, Grove, Hamed, Huang, Lake, Saha, Zaiter and Zreika.

Councillor Rahme left the Meeting at 8:46pm and returned to the Meeting at 8:47pm during the consideration of this item.

	C05/19-81 Expression Of Interest Evaluation Report - Road Infrastructure Services
This item was dealt with earlier in the meeting.