Council Meeting

 20 November 2019

 

Minutes of the Council Meeting 20 November 2019

Meeting commenced at 6:30pm

Present:

Steve Christou (Mayor)

Councillor

Eddy Sarkis (Deputy Mayor)

Councillor

Ned Attie

Councillor (arrived 6:38pm)

George Campbell

Councillor

Greg Cummings

Councillor

Glenn Elmore

Councillor

Paul Garrard

Councillor (arrived 6:32pm)

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

General Counsel

Karl Okorn

Executive Manager Development and Building

Charlie Ayoub

Executive Manager Corporate Services

Carol Karaki

Governance Coordinator

Laith Jammal

Governance Officer

Opening Prayer 

The opening prayer was read by Father Dimitri Kokkinos from the Greek Orthodox Archdiocese of Australia.

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.

Min.782          Apologies/Leave of Absence

Resolved (Sarkis/Saha)

That the apology tendered on behalf of Councillor Hamed be accepted.

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

There were no declarations of interest.

Confirmation of Minutes

Min.783

C11/19-278 Minutes of the Ordinary Meeting of Council - 6 November 2019

Resolved  (Sarkis/Cummings)

That Council confirm the minutes of the Ordinary Meeting of Council held on 6 November 2019.

 

Min.784

MM11/19-15 Mayoral Minute – Cumberland Council Bushfire Appeal

Resolved (Christou)

That Council:

  1. Allocate $15,000 from the Emergency Relief Fund to the Salvation Army Disaster Appeal to support communities affected by the devastating bushfires in New South Wales.

2.    Provide any additional funds raised through its fundraising barbecues in November and December 2019 to the Salvation Army Disaster Appeal.

 

Min.785

Matter of Urgency – Councillor Sarkis 

Resolved (Sarkis/Zreika)

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 bushfires.

 

Min.786

Matter of Urgency – Natural Open Space in the Cumberland LGA

Resolved (Sarkis/Zreika)

That:

1.     Following the recent catastrophic fire conditions in Sydney, Council prepare a report outlining natural open space including but not limited to parks, gardens and bushland within the Cumberland LGA which could be affected by the same.

2.     Council make representation to the relevant Ministers and State Members in relation to this matter.

 

Min.787

Matter of Urgency – Councillor Sarkis 

Resolved (Sarkis/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 dumping of trolleys.

 

Min.788

Matter of Urgency – Dumping of Trolleys

Resolved (Sarkis/Garrard)

That Council:

1.     Investigate options with respect to the removal and enforcement of abandoned/dumped shopping trolleys.

2.     Consider options including the requirement for coin-operated or wheel-locking shopping trolleys as part of all development applications for new or upgraded shopping centres.

3.     Receive a report detailing options to ensure shopping centres are held accountable for the control of abandoned shopping trolleys across the LGA.

 

Councillor Rahme left the Meeting at 6:43pm and returned to the Meeting at 6:46pm during the consideration of this item.

 

Min.789

Matter of Urgency – Councillor Sarkis 

Resolved (Sarkis/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 the intersection of Ettalong Rd and Old Prospect Rd, Greystanes.

 

Min.790

Matter of Urgency – Intersection of Ettalong Rd and Old Prospect Rd, Greystanes

Resolved (Sarkis/Garrard)

That Council:

1.     Write to the Roads and Maritime Services and the Minister for Transport and Roads requesting a speed/red light camera be installed at the intersection of Ettalong Rd and Old Prospect Rd Greystanes heading East/West.

2.     Refer this matter to the next Traffic Committee Meeting for consideration.

3.     Request the Local Member of Parliament make representations regarding this matter.

 

Min.791

Resumption of Standing Orders

Resolved (Garrard/Attie)

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

Mr Roydon Ng

C11/19-285 Cumberland 2030: Our Local Strategic Planning Statement

Lidcombe

Mr Roydon Ng

C11/19-290 Notice of Motion - Youth Advisory Committee

Lidcombe

Mr Tony Oldfield

C11/19-285 Cumberland 2030: Our Local Strategic Planning Statement

Auburn

Mr Tony Oldfield

C11/19-291 Notice of Motion - Councillor Representatives in Various Council Committees

Auburn

Mr Rish Akolkar

C11/19-290 Notice of Motion - Youth Advisory Committee

Pendle Hill

Mr Alex Soyer

C11/19-290 Notice of Motion - Youth Advisory Committee

Greystanes

 

Speakers on General Items

Speaker

Subject

Suburb

Mr Noel Wright

Correspondence Received from Council           

Guildford

 

Min.792

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 Items C11/19-285, C11/19-289, C11/19-290, C11/19-291,  C11/19-292 and C11/19-293 to be brought forward for consideration at this time of the Meeting.

 

 

 

Min.793

C11/19-285 Cumberland 2030: Our Local Strategic Planning Statement

Resolved  (Garrard/Attie)

That Council:

1.   Note the outcomes of the public exhibition of the Draft Cumberland 2030: Our Local Strategic Planning Statement, and refinements made to address feedback from the community, stakeholders and State agencies;

2.   Endorse the updated Cumberland 2030: Our Local Strategic Planning Statement, as provided in Attachment 1, for submission to the Greater Sydney Commission;

3.   Delegate to the General Manager the authorisation to make minor revisions to Cumberland 2030: Our Local Strategic Planning Statement, as necessary, following Council’s deliberations and advice from the Greater Sydney Commission, to ensure the desired objectives and intended outcomes can be achieved;

4.   Delegate to the General Manager the authorisation to finalise Cumberland 2030: Our Local Strategic Planning Statement, following the issue of a letter of support from the Greater Sydney Commission subject to no further major changes; and

5.   Note that Cumberland 2030: Our Local Strategic Planning Statement will be forwarded to the Department of Planning, Industry and Environment for publication on the NSW planning portal following finalisation.

6.  Include in the Local Strategic Planning Statement: Restore the Inner West Line’s “City to Liverpool/Bankstown via Regents Park” route on the Sydney Trains Network.

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

Councillor(s) Against the Motion:                         Nil

 

Min.794

C11/19-290 Notice of Motion - Youth Advisory Committee

Resolved  (Attie/Rahme)

That Council abolish the Youth Advisory Committee and take the necessary process of notification of members and public if required.

 

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, Rahme, Sarkis, Zaiter                                                                           and Zreika.

Councillor(s) Against the Motion:                         Campbell, Cummings, Elmore, Huang, Lake                                                               and Saha.

 

Min.795

C11/19-291 Notice of Motion - Councillor Representatives in Various Council Committees

Motion (Attie/Rahme)

That Council:

1.      Amend the Councillor members represented in the various Council Committees to reflect the following table; and

Committees

Councillors

Audit, Risk and Improvement Committee

Councillor Rahme

Councillor Zaiter

Traffic Committee

Councillor Garrard

Councillor Sarkis

Floodplain Committee

Councillor Christou

Councillor Sarkis

Aboriginal and Torres Strait Islander Consultative (ATSIC) Committee

Councillor Christou

Councillor Attie

Events Committee

Councillor Rahme

Councillor Attie

 

Access & Safety Committee

Councillor Christou

Councillor Zreika

Heritage Committee

Councillor Garrard

Councillor Attie

Wentworthville Community Garden Committee

Councillor Zaiter

 

2.      Notify all relevant committee members of the changes.

Foreshadowed Motion (Saha/Elmore)

That:

1.     All Councillor positions on the committees nominated in Clr Attie’s motion be declared vacant.

2.     Any nomination be submitted to the General Manager within seven days.

3.     A paper be brought to the next Council meeting advising of the nominations received and Council then determine the Councillors to fill the vacant positions.

The Motion moved by Councillor Attie seconded by Councillor Rahme on being Put was declared CARRIED to become the resolution of 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, Christou, Garrard, Rahme, Sarkis, Zaiter                                                                           and Zreika.

 

Councillor(s) Against the Motion:                         Campbell, Cummings, Elmore, Huang, Lake                                                               and Saha.

 

Councillor Sarkis left the Meeting at 7:56pm and returned to the Meeting at 8:00pm during the consideration of this item.

 

Min.796

C11/19-289 Notice of Motion - Representatives on the board for Western Sydney Regional Organisation of Councils (WSROC)

Motion (Attie/Sarkis)

That Council appoint Mayor Steve Christou along with Councillor Paul Garrard as Cumberland Council's representatives on the board for Western Sydney Regional Organisation of Councils (WSROC) and undertake the necessary notifications.

Foreshadowed Motion (Campbell)

That:

1.    Council’s positions on the Board of WSROC be declared vacant and that nominations be called to fill them.

2.    Any nomination be submitted to the General Manager within seven days.

3.    A paper be brought to the next Council Meeting advising of the nominations received and Council then determine the Councillors to fill the vacant positions.

The Motion moved by Councillor Attie seconded by Councillor Sarkis on being Put was declared CARRIED to become the resolution of 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, Christou, Garrard, Rahme, Sarkis, Zaiter                                                                           and Zreika.

 

Councillor(s) Against the Motion:                         Campbell, Cummings, Elmore, Huang, Lake                                                               and Saha.

 

Councillors Huang and Rahme left the Meeting at 8:04pm and returned to the Meeting at 8:05pm during the consideration of this item.

Min.797

C11/19-292 Notice of Motion - Changes to the Cumberland Council Independent Hearing and Assessment Panel (CIHAP) Policy

Resolved  (Attie/Sarkis)

That Council Rescind the Cumberland Local Planning Panel Policy and Cumberland Local Planning Panel Procedure, and continue to rely on the current provisions of the relevant Ministerial Directions for the operation of Local Planning Panels, as applicable to Cumberland.

 

Min.798

C11/19-293 Notice of Motion - New Glasgow Park

Resolved  (Rahme/Sarkis)

That Council receive a report with respect to the following:

1.    Naming the newly constructed children's playground in New Glasgow Park on Factory Street Granville to Quanne Diec playground; and

2.    Construction of a small monument (or similar) dedicated to Quanne Diec within the New Glasgow Park in consultation with the family of Quanne Diec.

 

Min.799

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.800

Items by Exception

Resolved  (Garrard/Saha)

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

 

That item numbers C11/19-279, C11/19-282, C11/19-283, C11/19-284, C11/19-288, C11/19-294 and C11/19-295 be moved in bulk.

 

Min.801

C11/19-279 Legal Report

Resolved  (Garrard/Saha)

That Council receive this report.

 

 

Min.802

C11/19-282 Report on Outstanding Council Resolutions

Resolved  (Garrard/Saha)

That Council receive this report.

 

Min.803

C11/19-283 Investment Report - October 2019

Resolved  (Garrard/Saha)

That Council receive the October 2019 Investment Report. 

 

Min.804

C11/19-284 Update on Community Safety and Crime Prevention Initiatives

Resolved  (Garrard/Saha)

That Council receive and note the information in this report.

 

Min.805

C11/19-288 Response to Notice of Motion - Westmead Residential Parking Supply

Resolved  (Garrard/Saha)

That Council note the information contained in the report.

 

Min.806

C11/19-294 Request from Fire & Rescue NSW for a Fire Safety Audit on Identified Building

Resolved  (Garrard/Saha)

That Council note the report from Fire & Rescue NSW and the actions being undertaken to resolve the concerns raised.

 

Min.807

C11/19-295 Tender Evaluation Report - Replacement Booking System - T-2019-001

Resolved  (Garrard/Saha)

That Council:

 

1.   Decline to accept any of the tenders received in accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2005, due to no tenders meeting the requirements of the tender proposal.

 

2.   Initiate a new competitive process in accordance with Council’s Procurement Operational Procedure.

 

Min.808

C11/19-280 Cumberland Council Annual Report 2018-19

Resolved  (Zaiter/Attie)

That Council:

1.    Receive the Annual Report 2018-19.

2.    Receive a report following the Councillor workshop in February 2020 addressing the concerns raised by Council in relation to Council’s financial position.

 

Min.809

C11/19-281 Quarter 1 Performance Report on the Operational Plan 2019-20 and Quarterly Budget Review Statement

Note: The Director People and Performance and the Director Finance and Governance presented to Council in relation to this item.

Resolved  (Zaiter/Attie)

That Council:

1.      Receive the Quarter One Performance Report on the Operational Plan 2019-20.

2.      Approve the revised estimates of income and expenditure for 2019-20 contained in the Quarterly Budget Review Statement.

Councillor Cummings left the Meeting at 8:41pm during the consideration of this item and did not return.

 

Councillor Rahme left the Meeting at 8:55pm and returned to the Meeting at 8:57pm during the consideration of this item.

 

 

C11/19-282 Report on Outstanding Council Resolutions

This item was dealt with earlier in the meeting.

 

 

C11/19-283 Investment Report - October 2019

This item was dealt with earlier in the meeting.

 

 

C11/19-284 Update on Community Safety and Crime Prevention Initiatives

This item was dealt with earlier in the meeting.

 

 

C11/19-285 Cumberland 2030: Our Local Strategic Planning Statement

This item was dealt with earlier in the meeting.

 

Min.810

C11/19-286 Proposed Business Planning Controls for inclusion in the new Cumberland Development Control Plan

Resolved  (Attie/Sarkis)

That Council:

1.      Endorse the planning approach to controls for business 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, Campbell, Christou, Garrard, Elmore,                                                                         Huang, Lake, Rahme, Saha, Sarkis, Zaiter and                                                                 Zreika.

 

Councillor(s) Against the Motion:                         Nil

 

Min.811

C11/19-287 Proposed Employment Planning Controls for inclusion in the new Cumberland Development Control Plan

Resolved  (Attie/Zreika)

That Council:

1.      Endorse the planning approach to controls for employment 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, Campbell, Christou, Garrard, Elmore,                                                                         Huang, Lake, Rahme, Saha, Sarkis, Zaiter and                                                                 Zreika.

 

Councillor(s) Against the Motion:                         Nil

 

 

 

 

 

 

The Mayor, Councillor Christou closed the meeting at 9:00pm.