Council Meeting

 4 March 2020

Minutes of the Council Meeting 4 March 2020

Meeting commenced at 6:30pm

Present:

Steve Christou (Mayor)

Councillor

Eddy Sarkis (Deputy Mayor)

Councillor (arrived 6:38pm)

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 6:37pm)

Suman Saha

Councillor

Michael Zaiter

Councillor

Tom Zreika

Councillor

Hamish McNulty

General Manager

Melissa Attia

Director People & Performance

Daniel Cavallo

Director Environment & Planning

Richard Sheridan

Director Finance & Governance

Brendan Govers

Acting Director Works & Infrastructure

 

Also Present:

Charlie Ayoub

Executive Manager Corporate Services

Colin McFadzean

General Counsel

Carol Karaki

Governance Coordinator

Olivia Shields

Senior Governance Officer

Note: In recognition of the annual World Hearing Day, the Mayor welcomed to the Chamber Yasmin Dandachi, Auslan Interpreter.

Opening Prayer 

The opening prayer was read by Pastor Carly Lewis representing Holroyd Combined Churches.

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.934          Apologies/Leave of Absence

Resolved (Garrard/Cummings)

Note: Councillor Garrard noted that Councillor Sarkis is an apology at this stage of the meeting. Councillor Sarkis later entered the Meeting at 6:38pm.

 

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

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

Councillor Huang declared a significant non-pecuniary interest in item C03/20-393 as he is an Executive Member of the Auburn-Lidcombe Branch of the Labor Party. As such, Councillor Huang exited the Chamber during the consideration of this item.

Confirmation of Minutes

Min.935

C03/20-381 Minutes of the Ordinary Meeting of Council - 19 February 2020

Resolved  (Garrard/Saha)

That Council confirm the minutes of the Ordinary Meeting of Council held on 19 February 2020.

 

Min.936

MM03/20-23 Mayoral Minute - Formalising Process for the Review of the General Manager’s Performance

Resolved  (Christou)

That:

1.         Obtain a report from the Director of People and Performance recommending a procedure by which Council can more regularly and thoroughly assess the performance of the General Manager in addressing the matters outlined above; and

2.         Convene the review panel to conduct a half-yearly performance review with the General Manager against the key deliverables for the current review period and that a report be provided back to Council summarising the outcomes of this review.

Min.937

MM03/20-24 Mayoral Minute - Cost Saving Measures

Resolved  (Christou)

That the nappy allowance be reinstated for staff working in Council’s child care centres.

 

Public Forum:

Speakers on Items on the Council Meeting Agenda

Speaker

Item #

Suburb

Mr Paul Esposito

C03/20-389 Response to Notice of Motion - Responsible Pet Ownership Education Program

Girraween

Ms Dianne Dickenson

C03/20-389 Response to Notice of Motion - Responsible Pet Ownership Education Program

Girraween

 

Min.938

Suspension of Standing Orders

Resolved  (Attie/Saha)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council suspend standing orders to allow Item C03/20-389 to be brought forward for consideration at this time of the Meeting.

 

Min.939

C03/20-389 Response to Notice of Motion - Responsible Pet Ownership Education Program

Motion (Attie/Sarkis)

That the matter be deferred pending the outcome of public consultation of the Draft Companion Animals Policy.

 

Amendment (Saha/Campbell)

That Council receive the information contained within this report relating to an expanded Responsible Pet Ownership Education Program, for implementation across the Cumberland City Council area.

 

The Amendment moved by Councillor Saha seconded by Councillor Campbell 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 Amendment:           Campbell, Cummings, Elmore, Hamed,                                                                         Huang, Lake and Saha.

 

 

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

The Motion moved by Councillor Attie seconded by Councillor Sarkis on being Put was declared CARRIED on the casting vote of the Mayor 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, Hamed,                                                                         Huang, Lake and Saha.

Councillor Rahme left the Meeting at 7:31pm and returned to the Meeting at 7:35pm during the consideration of this item.

 

Min.940

Resumption of Standing Orders

Resolved  (Attie/Sarkis)

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

 

Min.941

Items by Exception

Resolved  (Sarkis/Rahme)

That Council adopt items C03/20-383, C03/20-385, C03/20-390, C03/20-392 and C03/20-395 on the Council Agenda in bulk as per the recommendations in the reports.

 

Min.942

C03/20-383 Proposed Land Dealing at Victor Brazier Park

Resolved  (Sarkis/Rahme)

That Council:

1.    Prepare a planning proposal to reclassify a small portion of land through the Local Environmental Plan process and submit the planning proposal to the Department of Planning, Industry and Environment for a Gateway Determination.

2.    A further report to be returned to Council regarding the preparation of the planning proposal.

 

Min.943

C03/20-385 Quarterly Crime Prevention Report

Resolved  (Sarkis/Rahme)

That the report be received.

Min.944

C03/20-390 Draft Companion Animals Policy

Resolved  (Sarkis/Rahme)

That Council:

1.      Place the Draft Cumberland City Council Companion Animals Policy on public exhibition for a period of 28 days.

2.      Receive a further report on submissions received and any amendments proposed, prior to adoption of a Cumberland City Council Companion Animals Policy.

 

Min.945

C03/20-392 Adoption of Environmental Health Strategy

Resolved  (Sarkis/Rahme)

That Council adopt the Environmental Health Strategy as attached.

 

Min.946

C03/20-395 Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 10 February 2020

Resolved  (Sarkis/Rahme)

That Council receive the Draft Minutes of the Audit, Risk and Improvement Committee meetings held on 10 February 2020.

 

Min.947

C03/20-382 Financial Sustainability and Planning Policy

Resolved  (Garrard/Sarkis)

That Council readopt the Financial Sustainability and Planning Policy.

 

Councillor Hamed left the Meeting at 7:56pm and returned to the Meeting at 7:59pm during the consideration of this item.

 

 

C03/20-383 Proposed Land Dealing at Victor Brazier Park

This item was dealt with earlier in the meeting.

 

Min.948

C03/20-384 Health Infrastructure Proposal for a Paramedic Response Point at 1-3 Peel Street, Holroyd

Resolved  (Garrard/Sarkis)

That Council:

1.         Endorse in principle the proposal from Health Infrastructure for the construction of a Paramedic Response Point on part of Council owned land at 1-3 Peel Street, Holroyd.

2.         Authorise the General Manager to write to the Minister for Health, outlining the potential constraints for the future of the site.

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

Councillor(s) Against the Motion:                         Hamed

 

Councillor Lake left the Meeting at 8:34pm and returned to the Meeting at 8:36pm during the consideration of this item.

 

Councillor Saha left the Meeting at 8:37pm and returned to the Meeting at 8:39pm during the consideration of this item.

 

Councillor Zaiter left the Meeting at 8:39pm and returned to the Meeting at 8:41pm during the consideration of this item.

 

Councillor Sarkis left the Meeting at 8:40pm and returned to the Meeting at 8:43pm during the consideration of this item.

 

 

C03/20-385 Quarterly Crime Prevention Report

This item was dealt with earlier in the meeting.

 

Min.949

C03/20-386 Road Naming Proposal - Margaret Street, Merrylands

Resolved  (Garrard/Sarkis)

That Council:

1.    Endorse the proposed road names of Bolger Close and Donaldson Close for public exhibition; and

2.    Proceed with finalisation of these proposed road names with the NSW Geographical Names Board (GNB), following exhibition, subject to no objections being received. If objections are received, a further report will 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

Min.950

C03/20-387 Planning Proposal, Development Control Plan and Voluntary Planning Agreement - 4-12 Railway Street, Lidcombe

Resolved  (Attie/Sarkis)

That Council:

1.    Adopt the recommended planning controls for 4-12 Railway Street, Lidcombe, as previously resolved by Council, being:

a.    the existing maximum Floor Space Ratio of 5:1 under Auburn Local Environmental Plan (LEP) 2010 being retained for the B4 zoned part of the subject site, with a minimum of 0.4:1 non-residential Floor Space Ratio to be provided;

b.    a provision for a bonus Floor Space Ratio of 0.3:1 for a minimum of 0.6:1 non-residential Floor Space Ratio, subject to the dedication of the RE1 zoned land to Council at no cost, and with an offset of section 7.11 contributions in lieu of this land dedication;

c.    a maximum building height of 45m apply to the site generally, with:

i.     a taller element up to a maximum of 55m for a limited portion in the north eastern corner of the site to be shown on the LEP Height of Buildings Map; and

ii.    a maximum building height of 48m for a limited portion of the south eastern corner of the site.

2.    Finalise the planning proposal, as delegated by the Minister.

 

3.    Note that this LEP amendment will be published in the Government Gazette upon finalisation.

 

4.    Endorse and delegate authority to the Mayor and General Manager to execute the Voluntary Planning Agreement on behalf of Council for 4-12 Railway Street, Lidcombe, as provided in Attachment 3;

 

5.    Adopt the revised site specific Development Control Plan as an amendment to the Auburn Development Control Plan, as provided in Attachment 2, with the Development Control Plan coming into effect on the date of notification (gazettal) of the LEP amendment;

 

6.    Delegate to the General Manager the authority to make minor, non-policy corrections or formatting changes to the Development Control Plan controls, if required, prior to coming into effect; and

7.    Endorse that the site specific Development Control Plan carry over to the new Cumberland Development Control Plan when this is in force.

 

 

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, Rahme,                                                                         Sarkis, Zaiter and Zreika.

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

Councillor Rahme left the Meeting at 8:45pm and returned to the Meeting at 8:47pm during the consideration of this item.

 

Min.951

C03/20-388 Update on Planning Proposal for the New Cumberland Local Environmental Plan

Resolved  (Sarkis/Cummings)

That Council:

1.   Note the advice of the Cumberland Local Planning Panel on the planning proposal for the new Cumberland Local Environmental Plan; and

2.   Note the status of the Gateway Determination process on the planning proposal for the new Cumberland Local Environmental 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, Cummings, Elmore,                                                                         Garrard, Hamed, Huang, Lake, Rahme, Saha,                                                                         Sarkis, Zaiter and Zreika.

Councillor(s) Against the Motion:                         Nil

 

 

C03/20-389 Response to Notice of Motion - Responsible Pet Ownership Education Program

This item was dealt with earlier in the meeting.

 

 

C03/20-390 Draft Companion Animals Policy

This item was dealt with earlier in the meeting.

 

Min.952

C03/20-391 Response to Notice of Motion - Dog Parks Granville Area

Motion (Rahme/Sarkis)

That:

1.    Council undertake community consultation for Dog Parks in the Granville Area.

2.    Pending the outcome of consultation, Council approve the construction of dog off-leash parks at the following locations:   

Kurung Reserve Holroyd

Elizabeth St Park Guildford 

Granville Park Granville 

Lawson Square Merrylands.

3.    The works be incorporated into Council’s 2020/2021 Capital Works Program.

Amendment (Saha/Hamed)

That:

1.    The construction of dog off-leash parks at the following locations is deferred until Council adopts the Companion Animals Policy.

2.    Council undertake community consultation to assess the demand and community support for dog off-leash parks at these locations and provide a report back to Council.

 

The Amendment moved by Councillor Saha seconded by Councillor Hamed 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 Amendment:           Campbell, Cummings, Elmore, Hamed,                                                                         Huang, Lake and Saha.

 

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

The Motion moved by Councillor Rahme seconded by Councillor Sarkis on being Put was declared CARRIED UNANIMOUSLY.

 

Councillor Cummings left the Meeting at 8:50pm and returned to the Meeting at 8:55pm during the consideration of this item.

 

Councillor Elmore left the Meeting at 9:07pm and returned to the Meeting at 9:09pm during the consideration of this item.

 

 

C03/20-392 Adoption of Environmental Health Strategy

This item was dealt with earlier in the meeting.

 

Min.953

C03/20-393 Response to Matter of Urgency – Distribution of Clean-up of Duck River Political Material

Note: Councillor Huang exited the Chamber at 9:12pm prior to the consideration of this item and returned to the Chamber at 9:42pm following the consideration of this Item as he had declared a significant, non-pecuniary interest in this item.

Motion (Attie/Sarkis)

That Council receive and note the report.

Amendment (Campbell/Hamed)

That Council:

1.    Commends the staff who supplied information to and met with the representatives of the Auburn-Lidcombe Branch of the Labor Party in relation to Duck River and notes that they conducted themselves in a highly professional manner and enhanced the reputation of Council.

2.    Condemns the abuse of Council as a platform to launch an attack on a respected community organisation and to make misleading claims and implications, and condemns the use of staff in an attempt to build a case.

3.    Congratulates the Auburn-Lidcombe Branch of the Labor Party and Jason Clare MP for contributing to cleaning up the Duck River.

The Amendment moved by Councillor Campbell seconded by Councillor Hamed 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:           Campbell, Elmore, Hamed, Lake and Saha.

 

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

The Motion moved by Councillor Attie seconded by Councillor Sarkis on being Put was declared CARRIED UNANIMOUSLY.

 

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

Councillor Saha left the Meeting at 9:30pm and returned to the Meeting at 9:33pm during the consideration of this item.

 

Min.954

Matter of Urgency – Councillor Garrard

Resolved (Garrard/Sarkis)

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 amendment of the Cumberland Traffic Committee Terms of Reference.

 

Min.955

Matter of Urgency – Cumberland Traffic Committee Terms of Reference

Resolved (Garrard/Sarkis)

That the General Manager report to Council recommending changes to the terms of reference for the Cumberland Traffic Committee to enable the expedient processing of minor traffic matters to enable a more rapid resolution to community issues.

Councillor Cummings returned to the Meeting at 9:42pm during the consideration of this item.

 

Councillors Lake and Hamed left the Meeting at 9:52pm during the consideration of this item.

 

Min.956

Resumption of Standing Orders

Resolved (Garrard/Sarkis)

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

 

 

Medal of the Order of Australia – Councillor Tom Zreika

At this time of the Meeting, the Mayor presented Councillor Zreika with a certificate of recognition on behalf of Council as Councillor Zreika had been honoured with the Medal of the Order of Australia over the Australia Day Long Weekend.

 

Min.957

C03/20-394 Cumberland Traffic Committee - Minutes of Meeting held on 5 February 2020

Resolved (Rahme/Sarkis)

That the minutes of the Cumberland Traffic Committee meeting held on 5 February 2020 be received and the recommendations contained therein be approved subject to the following amendments:

a)    CTC 20-003 – That Council install a fence around the reserve to stop children running onto the road.

b)    CTC 20-21 – That Council replace 2021/22 with 2020/21 should this be financially viable.

 

Councillors Lake and Hamed returned to the Meeting at 9:54pm during the consideration of this item.

 

 

C03/20-395 Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 10 February 2020

This item was dealt with earlier in the meeting.

 

Min.958

Extension of Council Meeting

Resolved (Lake/Saha)

That the Council Meeting be extended for an additional 30 minutes in accordance with clause 18.2 of the Code of Meeting Practice.

 

Min.959

Closed Session

Resolved (Attie/Sarkis)

At this stage of the meeting being 10:02pm, 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).

 

 

Min.960

Open Session

Resolved (Attie/Sarkis)

Council returned to Open Session at 10:32pm to resolve the below Confidential Item:

C03/20-396   Budget Savings Initiatives

 

Min.961

C03/20-396 Budget Savings Initiatives

Resolved (Attie/Garrard)

That Council delegate authority to the General Manager to implement the savings and business improvement initiatives, totalling $6.8m, outlined in this report before 1 July 2020 subject to the following:

a)    Removal of the second dot point on page 667 of the report.

b)    Addition of the words “or exit” to the fifth dot point on page 667 of the report.

The Motion moved by Councillor Attie seconded by Councillor Garrard on being Put was declared CARRIED on the casting vote of the Mayor 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, Hamed,                                                                         Huang, Lake and Saha.

 

 

 

 

The Mayor, Councillor Christou closed the meeting at 10:34pm.