Minutes of Council Meeting - 6 November 2019

Council Meeting

6 November 2019

Minutes of the Council Meeting 6 November 2019

Meeting commenced at 6:30pm

Steve Christou (Mayor)	Councillor
Eddy Sarkis (Deputy Mayor)	Councillor (arrived 6:36pm)
Ned Attie	Councillor (arrived 6:38pm)
George Campbell	Councillor
Greg Cummings	Councillor
Glenn Elmore	Councillor
Paul Garrard	Councillor
Ola Hamed	Councillor
Kun Huang	Councillor
Lisa Lake	Councillor
Joseph Rahme	Councillor (arrived 6:38pm)
Suman Saha	Councillor
Michael Zaiter	Councillor
Tom Zreika	Councillor
Hamish McNulty	General Manager
Melissa Attia	Director People & Performance
Daniel Cavallo	Director Environment & Planning
Brooke Endycott	Director Community Development
Peter Fitzgerald	Director Works & Infrastructure
Richard Sheridan	Director Finance & Governance

Also Present:

Colin McFadzean	Legal Counsel
Charlie Ayoub	Executive Manager Corporate Services
Carol Karaki	Governance Coordinator
Olivia Shields	Senior Governance Officer

Opening Prayer

The opening prayer was read by Father Paul Marshall representing Combined Christian Churches of Cumberland.

Acknowledgement of Country

The Mayor, Councillor Christou 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 Christou 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 Christou 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 Hamed declared a non-pecuniary, less than significant interest in Item C11/19-274 as her relatives live within the vicinity of the area within the report.

Councillor Cummings declared a non-pecuniary, less than significant interest in Item C11/19-277 as he is on the Executive Committee for an organisation in close proximity to one of the locations identified within the report.

Confirmation of Minutes

Min.749

C11/19-261 Minutes of the Ordinary Meeting of Council - 16 October 2019

Resolved (Sarkis/Cummings)

That Council confirm the minutes of the Ordinary Meeting of Council held on 16 October 2019.

Min.750

MM11/19-12 Mayoral Minute - Keep Australia Beautiful NSW Awards 2019

Resolved (Christou)

That Council congratulate and thank all staff and volunteers that contributed to the Keep Australia Beautiful NSW 2019 Sustainable Cities Awards received and that Council amend the gateway signs on entering the LGA to promote this achievement.

Councillor Lake left the Meeting at 6:38pm and returned to the Meeting at 6:40pm during the consideration of this item.

Min.751

MM11/19-13 Mayoral Minute - NSW Tennis Awards

Resolved (Christou)

That Council congratulate and thank all staff that contributed to the receipt of this award.

Min.752

MM11/19-14 Mayoral Minute - Diwali Street Festival 2019

Resolved (Christou)

That Council acknowledge and thank Council staff, event sponsors, community organisations, Events Committee Members and volunteers who worked together to deliver a highly successful Diwali Street Festival in 2019.

Presentations

The Mayor, Councillor Christou invited Ms Somaiya Ahmed from the Audit Office and Mr James Winter from Grant Thornton to present in relation to Council’s Annual Financial Statements.

The Mayor, Councillor Christou then invited Mr Stephen Horne, Chairperson of the Audit, Risk and Improvement Committee (ARIC) to present in relation to the ARIC Annual Report 2018/19.

Councillor Elmore left the Meeting at 7:19pm and returned to the Meeting at 7:20pm during the consideration of this item.

Min.753

Suspension of Standing Orders

Resolved (Attie/Cummings)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council suspend standing orders to allow Item C11/19-272 to be brought forward for consideration at this time of the Meeting.

Min.754

C11/19-272 Audit, Risk & Improvement Committee - Chairpersons Annual Report 2018/19 and Extension of Independent Members

Resolved (Cummings/Rahme)

That Council:

1. Receive the Audit, Risk and Improvement Committee Annual Report.

2. Adopt the Terms of Reference as attached for a further 2 year period.

3. Endorse the re-appointment of the three Independent Members for a further 2 year term in accordance with the charter being: Stephen Horne, John Barbeler and Jim Taggart.

Min.755

Matter of Urgency – Councillor Sarkis

Resolved (Sarkis/Zaiter)

That in accordance with Clause 9.3(b) of the Cumberland Council Code of Meeting Practice, Standing Orders be suspended to permit the Matter of Urgency in relation to illegal dumping.

Min.756

Matter of Urgency - Illegal Dumping at Pemulwuy Lake

Resolved (Sarkis/Zaiter)

That Council install a relocatable CCTV Camera at Pemulwuy Lake to address the issue of illegal dumping at the site.

Councillor Zaiter left the Meeting at 7:25pm and returned to the Meeting at 7:26pm during the consideration of this item.

Min.757

Matter of Urgency – Councillor Sarkis

Resolved (Sarkis/Cummings)

That in accordance with Clause 9.3(b) of the Cumberland Council Code of Meeting Practice, Standing Orders be suspended to permit the Matter of Urgency in relation to dumping of trolleys.

Min.758

Matter of Urgency – Dumping of Trolleys from Pemulwuy Shopping Centre

Resolved (Sarkis/Cummings)

That Council Officers provide a report investigating the options of restricting access to the walkway from Pemulwuy Shopping Centre through to Driftway Drive to avoid the dumping of trolleys.

Min.759

Matter of Urgency – Councillor Attie

Note: Councillor Sarkis left the Chamber at 7:33pm prior to the consideration of this item and returned to the Chamber at 7:37pm following the consideration of this item as he resides within close proximity of the Esplanade Reserve, Guildford.

Resolved (Attie/Garrard)

That in accordance with Clause 9.3(b) of the Cumberland Council Code of Meeting Practice, Standing Orders be suspended to permit the Matter of Urgency in relation to illegal dumping.

Min.760

Matter of Urgency – Illegal Dumping at Esplanade Reserve, Guildford

Resolved (Attie/Garrard)

That Council install a relocatable CCTV Camera at the Esplanade Reserve on Clyde Street, Guildford to address the issue of illegal dumping at the site.

Min.761

Resumption of Standing Orders

Resolved (Garrard/Cummings)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council resume the normal order of business.

Public Forum:

Speakers on Items on the Council Meeting Agenda

Speaker	Item #	Suburb
Dr John Brodie	C11/19-265 Review of Governance Policies	Guildford
Dr John Brodie	C11/19-266 Response to Notice of Motion - Granville Boundary Adjustment	Guildford
Dr John Brodie	C11/19-270 Classification of Land, 191-201 Pitt Street Merrylands, Lot 11 DP 1178684, as Operational Land for the purpose of entering into a Free Parking Agreement	Guildford
Dr John Brodie	RES11/19-4 Notice of Rescission - Council Committees	Guildford
Mrs Josephine Moncrieff	RES11/19-4 Notice of Rescission - Council Committees	South Wentworthville
Mr Noel McDonough	RES11/19-4 Notice of Rescission - Council Committees	Greystanes
Ms Michaela Simoni	RES11/19-4 Notice of Rescission - Council Committees	Auburn
Mrs Maie Sufan	RES11/19-4 Notice of Rescission - Council Committees	Yagoona

Councillor Christou left the Meeting at 7:37pm and returned to the Meeting at 7:39pm during Public Forum at which time Deputy Mayor, Councillor Sarkis assumed the Chair.

Councillor Rahme left the Meeting at 7:37pm and returned to the Meeting at 7:46pm during Public Forum.

Min.762

Suspension of Standing Orders

Resolved (Sarkis/Attie)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council suspend standing orders to allow Items RES11/19-4, C11/19-265, C11/19-266 and C11/19-270 to be brought forward for consideration at this time of the Meeting.

Min.763

RES11/19-4 Notice of Rescission - Council Committees

Motion (Lake/Cummings)

Pursuant to Notice, Councillors Lake, Campbell, Cummings, Elmore, Hamed, Huang and Saha move the following Resolution of Council 16/10/19 (Item C10/19-255) be rescinded:

That Council:

1. Combine the Access Committee and Community Safety Committee to form the Access and Safety Committee;

2. Abolish the following Committees:

a. Arts Advisory Committee;

b. Culturally & Linguistically Diverse (CALD) Advisory Committee;

c. Library Committee; and

d. Companion Animals Advisory Committee.

3. Amend the terms of reference for remaining committees with the exception of Civic Risk Mutual, Civic Risk Metro (Which remain as the Mayor or nominee & General Manager) and Wentworthville Community Garden Committee (Which will become 1 Ward Councillor) to have a maximum of 2 Councillors as representatives.

The Rescission Motion moved by Councillor Lake, seconded by Councillor Cummings on being Put was declared Lost on the casting vote of the Mayor.

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, Cummings, Elmore, Hamed, Huang, Lake and Saha.

Councillor(s) Against the Rescission: Attie, Christou, Garrard, Rahme, Sarkis, Zaiter and Zreika.

Min.764

C11/19-265 Review of Governance Policies

Resolved (Lake/Attie)

That Council:

1. Re-adopt the Councillor and Staff Interaction Policy, General Manager Expenses and Facilities Policy, Statement of Business Ethics and Privacy Management Plan following the updates to pages 12 and 13 of the Privacy Management Plan to reference current NSW Legislation and update to the template in Appendix 1;

2. Exhibit for 28 days the revised Public Interest Disclosures Policy, with a report to be returned to Council at the conclusion of the public exhibition period.

Councillors Hamed and Campbell left the Meeting at 8:38pm during the consideration of this item and did not return.

Min.765

C11/19-266 Response to Notice of Motion - Granville Boundary Adjustment

Resolved (Cummings/Sarkis)

That Council:

1. Receive and note the outcome of the community engagement program undertaken in relation to the proposed boundary adjustments for Granville and Mays Hill.

2. Not proceed with a submission under Section 218E of the Local Government Act to alter the boundary between Council and the City of Parramatta.

3. Notify the City of Parramatta Council and residents that made a submission during the community engagement process of the outcome.

4. Write a letter to the City of Parramatta Council and the residents affected in relation to the City of Parramatta Council’s obligations under the SRV.

Councillor Rahme left the Meeting at 8:41pm and returned to the Meeting at 8:42pm during the consideration of this item.

Councillor Attie left the Meeting at 8:49pm during the consideration of this item.

Min.766

C11/19-270 Classification of Land, 191-201 Pitt Street Merrylands, Lot 11 DP 1178684, as Operational Land for the purpose of entering into a Free Parking Agreement

Resolved (Sarkis/Rahme)

That Council:

1. Classify Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) as Operational Land and enter into a Free Parking Agreement with the property owners, being The Trust Company Limited and Stockland Trust Management Limited; and

2. Give Public Notice of the resolution to classify the land as Operational Land, for the purposes of entering into a Free Parking Agreement with the land owner.

Min.767

Resumption of Standing Orders

Resolved (Sarkis/Garrard)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council resume the normal order of business.

Min.768

Suspension of Standing Orders

Note: Councillor Rahme requested that Item C11/19-274 be brought forward for consideration at this time of the Meeting.

Resolved (Rahme/Sarkis)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council suspend standing orders to allow Item C11/19-274 to be brought forward for consideration at this time of the Meeting.

Min.769	C11/19-274 Notice of Motion - Upgrade of the Mona Street, Clyde Street and Redfern Street Intersections
Resolved (Rahme/Sarkis) That Council: 1. Provide a report into options for the upgrade of the Mona Street, Clyde Street and Redfern Street Intersections in an attempt to alleviate the congestion and provide better traffic flow; and 2. Take into consideration: a. Possible changes to signage and parking restrictions in Mona Street (both north and south sides if required) during morning and afternoon peak periods; b. Widening of Clyde Street between Mona and Redfern Streets; c. Dedicated left turn lane from Clyde Street into Redfern Street; d. Dedicated left and right turn lanes from Clyde Street into Mona Street; e. Possible dual lane right turn from Mona Street into Clyde Street; and f. Possible changes to parking restrictions and signage in Redfern and Hudson Streets. Councillor Attie returned to the Meeting at 8:56pm during the consideration of this item.
Min.770	Resumption of Standing Orders
Resolved (Attie/Cummings) That in accordance with Clause 8.2 of the Code of Meeting Practice, Council resume the normal order of business.

Min.771

Items by Exception

Resolved (Sarkis/Cummings)

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

That item numbers C11/19-262, C11/19-267, C11/19-271, C11/19-273, C11/19-276 and C11/19-277 be moved in bulk.

Councillor Rahme left the Meeting at 9:03pm during the consideration of this item and did not return.

Min.772

C11/19-262 Road Closure of Milton Street between Railway Parade and Clarence Street, Lidcombe

Resolved (Sarkis/Cummings)

That Council:

1. Approve the permanent closure of Milton Street between Railway Parade and Clarence Street, Lidcombe to expand the open space (park) area for the community for recreational purposes;

2. Advertise in the local newspaper, for a period of 28 days, the proposal to permanently close the section of Milton Street;

3. Authorise the General Manager to process and resolve any submissions received with respect to the proposal;

4. Prepare the necessary documentation to complete the road closure under the provisions of the Roads Act 1993; and

5. Notify the affected residents in Clarence Street of Council’s action accordingly.

Min.773	C11/19-267 Proposed Changes to Long Day Care Centre Fees and Charges
Resolved (Sarkis/Cummings) That Council place the Draft Long Day Care Centre Fees and Charges 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.774	C11/19-271 Proposed Temporary Road Closure - Merrylands RSL Remembrance Day
Resolved (Sarkis/Cummings) That Council: 1. Approve the temporary closure of Arcadia Street, Merrylands between Merrylands Road and Arthur Street from 9:00AM to 12:30PM on Sunday, 10 November 2019, subject to concurrence from Roads and Maritime Services for the Traffic Management and Traffic Control Plans; and 2. Notify potentially affected residents of the temporary road closure.

Min.775

C11/19-273 Minutes of the 10 September 2019 Cumberland Heritage Committee Meeting And Cumberland Local Heritage Awards 2019

Resolved (Sarkis/Cummings)

That Council:

1. Adopt the minutes of the Cumberland Heritage Committee held on 10 September 2019; and

2. Note the Cumberland Local Heritage Award 2019 winners and highly commended prize recipients.

Min.776

C11/19-276 Tender Evaluation Report - Wentworthville Swim Centre Modernisation

Resolved (Sarkis/Cummings)

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to award the contract for Wentworthville Memorial Swim Centre Modernisation to OMNISTRUCT BUILDING (NSW) PTY LTD (formerly trading as ICON Building Group Pty Ltd), ABN 89 104 892 346, in accordance with Clause 178(1)(a) of the Local Government (General) Regulations 2005, for the amount of $8,887,581.40 (excluding GST) as the most advantageous and best value offer received.

2. Delegate to the General Manager the authority to execute the contract and any associated documents.

Min.777

C11/19-277 Tender Evaluation Report - Large Billboard Advertising

Resolved (Sarkis/Cummings)

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to award the contract to QMS Media Limited Ltd (ABN 71 603 037 341) in accordance with Clause 178(1)(a) of the Local Government (General) Regulation 2005, for advertising services at Site 1 located at 10 Robert Street, Holroyd and Site 4 located at Holroyd Sportsground, Holroyd both for a term of eight (8) years plus an option of two (2) years for the contract amount identified in the confidential Tender Evaluation Report.

2. Delegate to the General Manager the authority to execute the contract and any associated documents to allow the development of billboard advertising.

Min.778

C11/19-263 Update on NSW Local Government Grants Commission's Review of Financial Assistance Grants

Resolved (Cummings/Sarkis)

That Council receive the information and note the attached letter, and write to the NSW Local Government Grants Commission requesting the correction of page 2 to their letter (Item A) to amend Holroyd to reflect Parramatta residents.

Min.779

C11/19-264 Draft Outdoor Dining Policy

Resolved (Lake/Zaiter)

That Council place the Draft Outdoor Dining Policy and the Draft Outdoor Dining Guidelines 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 subject to the following amendments to the guidelines:

a) Add Miller Street to the “Merrylands Centre” Location; and

b) Remove the following words from paragraph one of Clause 16:

“and vary depending on the commercial zoning of the subject location”.

	C11/19-265 Review of Governance Policies
This item was dealt with earlier in the meeting.

	C11/19-266 Response to Notice of Motion - Granville Boundary Adjustment
This item was dealt with earlier in the meeting.

	C11/19-267 Proposed Changes to Long Day Care Centre Fees and Charges
This item was dealt with earlier in the meeting.

Min.780

C11/19-268 Proposed Introduction and General Controls for Inclusion in the new Cumberland Development Control Plan

Resolved (Attie/Sarkis)

That Council:

1. Endorse the planning approach to the introduction of the Development Control Plan and general controls in the Cumberland area, as provided in Attachment 1; and

2. Note that the above items will be included in the draft Cumberland Development Control Plan.

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, Christou, Garrard, Elmore, Huang, Lake, Rahme, Saha, Sarkis, Zaiter and Zreika.

Councillor(s) Against the Motion: Nil

Councillor Cummings left the Meeting at 9:22pm during the consideration of this item.

Min.781

C11/19-269 Proposed Residential Planning Controls for Inclusion in the new Cumberland Development Control Plan

Resolved (Attie/Garrard)

That Council:

1. Endorse the planning approach to controls for residential development in the Cumberland area, as provided in Attachment 1; and

2. Note that the above items will be included in the draft Cumberland Development Control Plan.

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, Christou, Cummings, Garrard, Elmore, Huang, Lake, Rahme, Saha, Sarkis, Zaiter and Zreika.

Councillor(s) Against the Motion: Nil

Councillor Cummings returned to the Meeting at 9:25pm during the consideration of this item.

The Mayor, Councillor Christou closed the meeting at 9:26pm.