18 September 2019
Minutes of the Council Meeting 18 September 2019
Meeting commenced at 6:32pm
Present:
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Greg Cummings (Mayor)
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Councillor
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Glenn Elmore (Deputy
Mayor)
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Councillor
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Ned Attie
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Councillor
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George Campbell
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Councillor
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Steve Christou
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Councillor
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Paul Garrard
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Councillor
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Ola Hamed
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Councillor
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Kun Huang
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Councillor
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Lisa Lake
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Councillor
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Joseph Rahme
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Councillor (arrived
6:33pm)
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Suman Saha
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Councillor
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Eddy Sarkis
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Councillor (arrived
6:35pm)
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Michael Zaiter
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Councillor
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Tom Zreika
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Councillor
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Brooke Endycott
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Acting General Manager
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Melissa Attia
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Director People &
Performance
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Daniel Cavallo
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Director Environment
& Planning
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Merryn Howell
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Acting Director
Community Development
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Peter Fitzgerald
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Director Works &
Infrastructure
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Richard Sheridan
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Director Finance &
Governance
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Also Present:
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Charlie Ayoub
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Executive Manager Corporate Services
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Carol Karaki
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Governance Coordinator
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Olivia Shields
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Senior Governance Officer
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Opening Prayer
The opening prayer was read by Pdt Jatinkumar Bhatt from Sri
Mandir Hindu Temple.
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
past, present and emerging.”
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 Mayor, Councillor Cummings 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.
Apologies/Leave of Absence
Nil
Declarations of
Pecuniary & Non Pecuniary Conflicts of Interest
Councillor Zreika declared a
pecuniary interest in item RES09/19-3 as he is related to the owner of
significant holdings in the area. As such, Councillor Zreika exited the Chamber
during the consideration of this item.
Councillor Zreika declared a non-pecuniary, less than
significant interest in item C09/19-218 as the item being deliberated is a
broad planning instrument and to the best of his knowledge, he or any related
persons are not subject to gain or loss as a result of this item.
Councillor Zreika also declared a non-pecuniary, significant
interest in item C09/19-219 as he has property interests in the Local
Government Area. As such, Councillor Zreika
exited the Chamber during the consideration of this item.
Councillor Saha declared a
non-pecuniary, less than significant interest in items C09/19-218 and
C09/19-219 as the items being deliberated are broad planning instruments and to
the best of his knowledge, he or any related persons are not subject to gain or
loss as a result of these items.
Councillor Zaiter declared a
non-pecuniary, less than significant interest in items C09/19-218 and
C09/19-219 as the items being deliberated are broad planning instruments and to
the best of his knowledge, he or any related persons are not subject to gain or
loss as a result of these items.
Councillor Rahme declared a
non-pecuniary, less than significant interest in items C09/19-218 and
C09/19-219 as the items being deliberated are broad planning instruments and to
the best of his knowledge, he or any related persons are not subject to gain or
loss as a result of these items.
Councillor Sarkis declared a
non-pecuniary, less than significant interest in items C09/19-218 and
C09/19-219 as the items being deliberated are broad planning instruments and to
the best of his knowledge, he or any related persons are not subject to gain or
loss as a result of these items.
Councillor Garrard declared a
non-pecuniary, less than significant interest in items C09/19-218 and
C09/19-219 as the items being deliberated are broad planning instruments and to
the best of his knowledge, he or any related persons are not subject to gain or
loss as a result of these items.
Councillor Huang declared a
non-pecuniary, less than significant interest in item C09/19-219 as his parent
owns a property in Auburn in which the zoning is not proposed to change.
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Min.682
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C09/19-209 Minutes of the Ordinary Meeting of
Council - 4 September 2019
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Resolved (Garrard/Sarkis)
That Council confirm the minutes of the Ordinary Meeting of Council held on 4 September
2019.
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Min.683
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Suspension of Standing Orders
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Resolved (Sarkis/Hamed)
That in accordance with Clause
8.2 of the Code of Meeting Practice, Council suspend standing orders to allow
Items RES09/19-3, C09/19-218, C09/19-219, C09/19-220, C09/19-222 and
C09/19-223 to be brought forward for consideration following Public Forum.
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Speakers on Items on the Council
Meeting Agenda
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Speaker
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Item #
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Suburb
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Mr Tony Oldfield
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RES09/19-3 Notice of
Rescission - Lidcombe Town Centre - Planning Controls Strategy
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Auburn
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Mr Sako Atachparian
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C09/19-219 - Planning
Proposal for the New Cumberland Local Environmental Plan
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Merrylands
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Mr Tony Oldfield
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C09/19-222 - Approval
of Heavy Vehicle Access to Cumberland Council Roads
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Auburn
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Mr Rishikesh Akolkar
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C09/19-223 - Notice of
Motion - Responsible Pet Ownership Education Program
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Pendle Hill
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Min.684
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RES09/19-3 Notice of Rescission - Lidcombe
Town Centre - Planning Controls Strategy
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Note:
Councillor Zreika exited the Chamber at 6:56pm
during the consideration of this item as he had declared a pecuniary interest
in this item.
Motion (Campbell/Garrard)
Pursuant to Notice, Councillors Campbell, Garrard and
Hamed move the following Resolution of Council 4/09/19 (Item C09/19-189) be
rescinded:
That Council:
1. Endorse the
proposed changes to maximum height controls for Precincts 1, 2, 3, 4, 6, 8,
12 and 14 for the Lidcombe Town Centre, as outlined in Attachment 1, which
are supported by the Cumberland Local Planning Panel.
2. Endorse the
proposed changes to maximum building height and floor space ratio controls in
Precincts 11, 13, 15 East and 17 for the Lidcombe Town Centre, as outlined in
Attachment 2, which are supported by the Cumberland Local Planning Panel.
3. Endorse the
proposed changes to maximum height, floor space ratio and land use zoning
controls in Precincts 7, 10, 15 and 16 for the Lidcombe Town Centre, as
outlined in Attachment 3, which are supported by the Cumberland Local
Planning Panel.
4. Note
that the above items will be included in the planning proposal for the new
Cumberland Local Environmental Plan.
The Rescission Motion moved by Councillor Campbell,
seconded by Councillor Garrard 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: Campbell,
Garrard and Hamed.
Councillor(s) Against the Rescission: Attie,
Christou, Cummings, Elmore, Huang, Lake,
Rahme, Saha, Sarkis and Zaiter.
Councillor Rahme left the Meeting at 6:57pm and returned
to the Meeting at 7:01pm during the consideration of this item.
Councillor Zreika returned to the Chamber at 7:28pm
following the consideration of this item.
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Min.685
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C09/19-218 Early Consultation for the New
Cumberland Local Environmental Plan
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Resolved (Attie/Sarkis)
That Council:
1. Note the
outcomes of the early consultation for the new Cumberland Local Environmental
Plan.
2. Endorse the
proposed minor zoning changes to be included in the planning proposal for the
new Cumberland Local Environmental Plan, as provided in Attachment 1.
3. Note that other
site specific requests for zoning changes will be considered either as part
of Council’s future work plan or further reviewed by Council if a
future applicant initiated planning proposal is received.
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: Attie,
Campbell, Christou, Cummings, Elmore, Garrard,
Hamed, Huang, Lake, Rahme, Saha, Sarkis,
Zaiter and Zreika.
Councillor(s) Against the Motion: Nil
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Min.686
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C09/19-219 Planning
Proposal for the New Cumberland Local Environmental Plan
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Note: Councillor Zreika exited the Chamber at 7:32pm during the
consideration of this item as he had declared a significant non-pecuniary
interest in this item.
Resolved (Attie/Sarkis)
That Council:
1. Endorse that
the planning proposal for the new Cumberland Local Environmental Plan, as
provided in Attachment 1, be forwarded to the Department of Planning,
Industry and Environment for a Gateway Determination.
2. Delegate to the
General Manager the authorisation to make minor revisions to the planning
proposal and supporting documentation, as necessary, following
Council’s deliberations, to ensure the desired objectives and intended
outcomes can be achieved.
3. Consult with
the community and the Cumberland Local Planning Panel on the planning
proposal for the new Cumberland Local Environmental Plan, following Gateway
Determination by the Department of Planning, Industry and Environment.
4. Consider
the planning proposal for the new Cumberland Local Environmental Plan, prior
to finalisation and gazettal by the Department of Planning, Industry and
Environment.
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: Attie,
Campbell, Christou, Cummings, Elmore, Hamed,
Huang, Lake, Rahme, Saha, Sarkis and
Zaiter.
Councillor(s) Against the Motion: Garrard
Councillor Zreika returned to the Chamber at 7:34pm
following the consideration of this item.
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Min.687
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C09/19-220 Local
Infrastructure Contribution Planning Activities for the Cumberland Area
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Resolved (Attie/Elmore)
That Council:
1. Note the audit
and acquittal reporting for the current local infrastructure contribution
plans that apply in the Cumberland area.
2. Endorse the
allocation of existing contribution plan funds for projects identified in
Attachment 1, as a future funding reservation for local infrastructure
identified in Council’s Capital Works Program.
3. Endorse the
public exhibition of the draft Cumberland Local Infrastructure Contributions
Plan, as provided in Attachment 2, for a period of 28 days, with a further
report to be provided to Council.
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: Attie,
Campbell, Christou, Cummings, Elmore, Garrard,
Hamed, Huang, Lake, Rahme, Saha, Sarkis,
Zaiter and Zreika.
Councillor(s) Against the
Motion: Nil
Councillor Hamed left the Meeting at 7:35pm and returned
to the Meeting at 7:39pm during the consideration of this item.
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Min.688
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C09/19-222 Approval of
Heavy Vehicle Access to Cumberland Council Roads
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Resolved (Attie/Elmore)
That Council defer the matter for further consideration to
the Council Meeting on 2 October 2019.
Councillor Christou left the Meeting at 7:45pm and
returned to the Meeting at 7:49pm during the consideration of this item.
Councillor Saha left the
Meeting at 7:50pm and returned to the Meeting at 7:55pm during the
consideration of this item.
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Min.689
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C09/19-223 Notice of
Motion - Responsible Pet Ownership Education Program
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Resolved (Saha/Rahme)
That Council:
1. Prepare
a report on the development and delivery of an ongoing pet education program
for members of the community that explains the responsibilities, costs and
benefits associated with responsible pet ownership;
2. Investigate
whether it is possible to provide an incentive to those that participate in
Council’s pet education program, such as free or subsidised
microchipping and animal de-sexing, that would encourage the uptake of the
pet education program;
3. Investigate
the issue of stray and feral cats in the local government area and devise a
plan to efficiently and effectively control them in order to improve public
health and safety; and
4. Undertake
consultation with the Companion Animals Advisory Committee in relation to the
items above.
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Min.690
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C09/19-208 Notice of Motion - Dog Parks
Granville Area
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Resolved
(Rahme/Christou)
That
Council:
1. Provide a report
identifying potential locations of installing and constructing new dog parks
within the current open space areas of Granville Ward.
2. The report provide
detailed costings of constructing the dog parks in the selected locations.
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Min.691
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C09/19-224 Notice of
Motion - Lidcombe Town Centre Parking Supply
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Resolved (Huang/Elmore)
That Council:
1. Undertake a parking survey in the streets within the
Lidcombe Town Centre and surrounding streets identifying the saturation rate,
usage and the number of available on street car parking spaces;
2. At the conclusion of the parking survey, consult and
engage with the community on the results and options to improve parking
within the Lidcombe Town Centre and surrounds; and
3. Receive a report outlining the results of both the
parking survey and community consultation outcomes at the conclusion of the
above processes.
Councillor Zaiter left the Meeting at 8:23pm during the
consideration of this item.
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Min.692
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Resumption of Standing Orders
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Resolved (Attie/Rahme)
That in accordance with Clause
8.2 of the Code of Meeting Practice, Council resume the normal order of
business.
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Min.693
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Items by Exception
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Resolved (Attie/Sarkis)
At this time of the meeting, all items on the agenda not
called for discussion were moved collectively, as shown:
That item numbers C09/19-210, C09/19-211, C09/19-212,
C09/19-214, C09/19-215, C09/19-216, C09/19-217, C09/19-221, C09/19-227 and
C09/19-228 be moved in bulk.
Councillor Zaiter returned to
the Meeting at 8:25pm during the consideration of this item.
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Min.694
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C09/19-210 Legal Report
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Resolved (Attie/Sarkis)
That Council receive this report.
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Min.695
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C09/19-211 Response to Notice of Motion -
Cumberland Council Multicultural Language Services
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Resolved (Attie/Sarkis)
That Council:
1. Continue
with the current arrangements provided to support customers requiring
assistance with translation and/or interpreting; and
2. Expand
awareness of Council’s existing language services to the community by
delivering a targeted communications campaign in community languages.
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Min.696
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C09/19-212 Adoption of Investment Policy -
Post Exhibition
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Resolved (Attie/Sarkis)
That Council adopt the Draft Investment Policy as
outlined in Attachment 1 of this report.
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Min.697
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C09/19-214 Rates
Harmonisation Update
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Resolved (Attie/Sarkis)
That Council:
1. Note the
information and options for rates harmonisation.
2. Take the maximum 4
years allowed in section 218CB of the Local Government Act 1993 to
implement the new rates. The implementation date will be by June 2021.
3. Make an application
to the Minister for Local Government for a variation to section 218CB,
outlining a solution that no increases in residential rates for 2020-2021 be
implemented in the former Holroyd City Council area to reduce the overall
impact on rates harmonisation.
4. Write to the Minister
for Local Government and the Independent Pricing and Regulatory Tribunal in
relation to the loss of business rates of $5.0m per annum from the former
Auburn City Council area, highlighting the financial sustainability issue
this has created and requesting approval to make an application to increase
the rates cap from 2020-2021.
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Min.698
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C09/19-215 Investment
Report - August 2019
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Resolved (Attie/Sarkis)
That Council receive the August 2019 Investment Report.
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Min.699
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C09/19-216 Adoption of Cumberland Community
Facilities Strategy 2019 - 2029 - Post Exhibition
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Resolved (Attie/Sarkis)
That Council adopt the Draft Cumberland Community
Facilities Strategy 2019-2029 as outlined in Attachment 2 of this report.
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Min.700
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C09/19-217 Response to
Notice of Motion - Service Centres at Council Libraries and Community Centres
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Resolved (Attie/Sarkis)
That Council receive and note this report.
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Min.701
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C09/19-221 Adoption of Verge Mowing Policy
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Resolved (Attie/Sarkis)
That Council adopt the Draft Verge Mowing Policy as
outlined in Attachment 1 of this report.
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Min.702
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C09/19-227 Tender
Evaluation Report - Verge and Public Domain Mowing (T-2019-021)
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Resolved (Attie/Sarkis)
That Council:
1. Accept
the Tender Evaluation Panel’s recommendation to award the contract to
Marsupial Landscape Management (ABN 69 003 585 108) in accordance with Clause
178(1)(a) of the Local Government (General) Regulations 2005, for
$500,031.00 per annum (ex GST).
2. Delegate
to the General Manager the authority to execute the contract and any
associated documents.
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Min.703
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C09/19-228 Tender
Evaluation Report - Bus Shelter Contract (T-2019-011)
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Resolved (Attie/Sarkis)
That Council:
1. Declines
to accept any of the tenders in accordance with Clause 178(1)(b) of the Local
Government (General) Regulations 2005.
2. In
accordance with Clause 178(3) of the Local Government (General)
Regulations 2005, resolve to enter into negotiations with Claude Outdoor
Pty Ltd and OohMedia with the view to entering into a contract in relation to
the subject matter of the tender.
3. In
accordance with Regulation 178(4)(a) of the Local Government (General)
Regulations 2005, Council’s reasons for declining to invite fresh
tenders or applications is because a new tender process is unlikely to
produce better results.
4. In
accordance with Regulation 178(4)(b) of the Local Government (General)
Regulations 2005, Council’s reasons for determining to enter into negotiations
with the person or persons listed in (2) are to establish a solution that
includes a best and final offer with a view to entering into a contract in
relation to the subject matter of the tender.
5. Delegate
to the General Manager the authority to proceed with the negotiations.
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Min.704
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C09/19-213 Local
Government Election 2020 - Engagement of the NSW Electoral Commissioner
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Resolved (Attie/Sarkis)
That Cumberland Council (“the Council”)
resolves:
1. Pursuant
to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the
Act”) that an election arrangement be entered into by contract for the
Electoral Commissioner to administer all elections
of the Council.
2. Pursuant
to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a
council poll arrangement be entered into by contract for the Electoral Commissioner
to administer all council polls of the Council.
3. Pursuant
to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a
constitutional referendum arrangement be entered into by contract for
the Electoral
Commissioner to administer all constitutional referenda of the Council.
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Min.705
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Closed Session
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Resolved (Attie/Elmore)
At this stage of the meeting
being 8:36pm, the Mayor advised that in accordance with Section 10a of the
Local Government Act 1993 the meeting would move into Closed Session, with
the members of the press and public excluded from the closed session and access
to the correspondence and reports relating to the items considered during the
course of the closed session being withheld. This action was taken as the
items listed were within the following provisions under Section 10a of the Local
Government Act:-
(2) The matters and
information are the following:
(a)
personnel matters concerning particular individuals (other than councillors)
(d)
commercial information of a confidential nature that would, if disclosed:
(ii)
confer a commercial advantage on a competitor of the council.
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Min.706
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Open
Session
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Resolved (Sarkis/Hamed)
Council returned to Open Session
at 9:24pm to resolve the below Confidential Items:
C09/19-225 General Manager's Performance Review for
the Period from 1 July 2018 to
30 June 2019
C09/19-226 Tender Evaluation Report - Roads
Infrastructure Services Contract (T- 2019-015)
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Min.707
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C09/19-225 General
Manager's Performance Review for the Period from 1 July 2018 to 30 June 2019
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Resolved (Hamed/Zaiter)
That Council:
1. Note
the outcome of the General Manager’s performance review for the period
from 1 July 2018 to 30 June 2019;
2. Adopt
the variations to the General Manager’s Performance Agreement for the
period from 1 July 2019 to 30 June 2020;
3. Confirm
in writing to the General Manager the outcome of this performance review, the
recommendations arising from the review and the variations to the Performance
Agreement; pursuant to Clauses 7.10 and 7.11 of the General Manager’s
Contract of Employment; and
4. Note
that the standard quarterly review report will now contain additional
information about the performance of the organisation across key measures and
significant projects, in providing more frequent data to Council regarding
the performance of the General Manager.
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Min.708
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C09/19-226 Tender
Evaluation Report - Roads Infrastructure Services Contract (T-2019-015)
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Motion (Attie/Sarkis)
That Council:
1.
Reject the Tender Evaluation Panel’s recommendation to award the
contract to Downer EDI Works Pty Ltd (ABN 66 008 709 606) in accordance with
the Local Government (General) Regulations 2005.
2.
Call for fresh Tenders to establish a panel of contractors for the
Roads Infrastructure Services.
Foreshadowed Motion (Garrard/Zaiter)
That Council:
1. Accept
the Tender Evaluation Panel’s recommendation to award the contract to
Downer EDI Works Pty Ltd (ABN 66 008 709 606) in accordance with Clause
178(1)(a) of the Local Government (General) Regulations 2005, for the
unit rates amounts as tendered with the initial contract term expiring on
December 2025 with an option to extend a further 2+1 years.
2. Delegate
to the General Manager the authority to execute the contract and any
associated documents.
The Motion moved by Councillor Attie seconded by
Councillor Sarkis on being Put to the meeting 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
Motion: Attie,
Rahme and Sarkis.
Councillor(s) Against the
Motion: Campbell,
Christou, Cummings, Elmore, Garrard,
Hamed, Huang, Lake, Saha and Zaiter.
The Foreshadowed Motion moved by Councillor Garrard
seconded by Councillor Zaiter then became the Motion as follows:
Motion (Garrard/Zaiter)
That Council:
1. Accept
the Tender Evaluation Panel’s recommendation to award the contract to
Downer EDI Works Pty Ltd (ABN 66 008 709 606) in accordance with Clause
178(1)(a) of the Local Government (General) Regulations 2005, for the
unit rates amounts as tendered with the initial contract term expiring on
December 2025 with an option to extend a further 2+1 years.
2. Delegate
to the General Manager the authority to execute the contract and any
associated documents.
The Motion moved by Councillor Garrard seconded by
Councillor Zaiter on being Put to the meeting 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, Cummings, Elmore, Garrard,
Hamed, Huang, Lake, Saha, Sarkis
and Zaiter.
Councillor(s) Against the Motion: Attie
and Rahme.
Councillor Zreika left the Meeting at 8:38pm during the
consideration of this item.
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Min.709
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Leave of Absence
– Councillor Sarkis
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Note: Councillor Sarkis
requested Leave of Absence for the Council Meeting to be held on 2 October
2019.
Resolved (Zaiter/Saha)
That Councillor Sarkis be
granted Leave of Absence for the Council Meeting to be held on 2 October
2019.
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The Mayor, Councillor
Cummings closed the meeting at 9:28pm.
