Minutes of Council Meeting

Council Meeting

5 August 2020

Minutes of the Council Meeting 5 August 2020

Meeting commenced at 6:30pm

Steve Christou (Mayor)	Councillor
Eddy Sarkis (Deputy Mayor)	Councillor
Ned Attie	Councillor
George Campbell	Councillor (via web conferencing)
Greg Cummings	Councillor
Glenn Elmore	Councillor
Paul Garrard	Councillor
Ola Hamed	Councillor (via web conferencing)
Kun Huang	Councillor (via web conferencing)
Lisa Lake	Councillor
Joseph Rahme	Councillor (arrived 6:36pm)
Suman Saha	Councillor (via web conferencing)
Michael Zaiter	Councillor
Hamish McNulty	General Manager
Melissa Attia	Director Community and Organisation Development
Daniel Cavallo	Director Environment & Planning
Richard Sheridan	Director Finance & Governance
Stewart Rodham	Acting Director Works & Infrastructure

Also Present:

Charlie Ayoub	Executive Manager Corporate Services
Colin McFadzean	Legal Counsel
Carol Karaki	Senior Governance & Civic Events Coordinator
Laith Jammal	Governance Officer

Opening Prayer

The opening prayer was read by Father Peter Blayney from Guildford Catholic Church.

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.

Minute of Silence

The Deputy Mayor, Councillor Sarkis requested that the Chamber observe a minute of

silence in reflection of the explosion which occurred in Beirut, Lebanon earlier today. The Mayor, Councillor Christou requested that the Chamber stand for a minute of silence.

Min.769 Apologies/Leave of Absence

Resolved (Attie/Zaiter)

That Councillor Zreika be granted Leave of Absence for this Council Meeting.

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

Councillor Cummings declared a significant non-pecuniary interest in Item RES08/20-6 as a reasonable person may have a perception that because of past issues between Councillor Campbell and himself, it may influence his voting on this item. As such, Councillor Cummings exited the Chamber during the consideration of this item.

Councillor Attie declared a less than significant non-pecuniary interest in Item C08/20-504 as he is a member of a panel which may be discussed during the consideration of this item.

Councillor Sarkis declared a less than significant non-pecuniary interest in Item C08/20-504 as he is a member of a panel which may be discussed during the consideration of this item.

Confirmation of Minutes

Min.770

C08/20-503 Minutes of the Ordinary Meeting of Council - 15 July 2020

Resolved (Sarkis/Attie)

That Council confirm the minutes of the Ordinary Meeting of Council held on 15 July 2020.

Min.771

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 COVID-19 pandemic.

Min.772

Matter of Urgency – COVID-19 Pandemic

Resolved (Garrard/Sarkis)

That:

1. For the duration of the ongoing COVID-19 pandemic, all groups and users of Council sporting fields and facilities adhere to public health orders in relation to the use of these facilities and that Council provide the necessary documentation and requirements to groups and users at the time of hire to facilitate this process.

2. In managing the risks within our community the provision of a COVID safety plan be endorsed as a condition of hire of Council’s facilities and that resources be allocated from within Council to undertake checks of our facilities to ensure groups are complying with the safety plans they have developed.

3. Hirers must be required to maintain a record of attendance sheet so that spectator and participant details can be recorded (for purposes of contact tracing) and that all hirers be provided with the most current health advice about restrictions and practical containment measures such as hygiene, social distance and the prevention of attendance by anyone with symptoms or who is being tested due to contact.

4. Groups and hirers should also be required to appoint a registered COVID Safety Marshall to ensure these measures are implemented and adhered to.

5. Council officers should be responsible for the implementation and monitoring of this process and a report should be provided back to Council after a month of implementing the above measures, to evaluate and review these measures and recommend any improvements which may be useful.

Carried Unanimously

Min.773

Items by Exception

Resolved (Sarkis/Attie)

That Council adopt items C08/20-505, C08/20-506, C08/20-507, C08/20-509, C08/20-510, C08/20-512 and C08/20-513 on the Council Agenda in bulk as per the recommendations in the reports.

Min.774

C08/20-505 Investment Report - June 2020

Resolved (Sarkis/Attie)

That Council receive the report.

Min.775	C08/20-506 Update on Approved Mayoral Community Fund Applications
Resolved (Sarkis/Attie) That Council receive the report.
Min.776	C08/20-507 Review of Cumberland Design Excellence Panel
Resolved (Sarkis/Attie) That Council: 1. Re-adopt the Design Excellence Panel Policy. 2. Note the refinements to the Design Excellence Panel Procedures.

Min.777

C08/20-509 Sustainability Action Plan - Post Exhibition Report

Resolved (Sarkis/Attie)

That Council adopt the Sustainability Action Plan as outlined in Attachment 1 of this report.

Min.778

C08/20-510 Response to Matter of Urgency - Dumping of Trolleys

Resolved (Sarkis/Attie)

That Council:

1. Receive the information contained within this report.

2. Continue to liaise with local shopping centre management and major retailers, in relation to their obligations to prevent abandoned shopping trolleys being discarded throughout the community.

3. Write to the Office of Local Government and the Minister for Local Government, requesting change to the Impounding Act 1993 to place greater responsibility on commercial retailers in preventing the abandonment of shopping trolleys on public land.

Min.779

C08/20-512 Request from Fire & Rescue NSW for a Fire Safety Audit on Identified Building

Resolved (Sarkis/Attie)

That Council delegate authority to the General Manager to conduct a fire safety audit as requested by Fire & Rescue NSW [Ref No: BFS20/1561(11595)] and take appropriate regulatory action to ensure all essential fire safety measures are in accordance with the National Construction Code Volume One 2019 Building Code of Australia.

Min.780

C08/20-513 Renewal of Computers

Resolved (Sarkis/Attie)

That Council:

1. In accordance with section 55(3)(G) of the Local Government Act 1993, endorse the Lease Agreement with Macquarie Bank Limited (ABN: 46 008 583 542) for computers under the Local Government Procurement Operating Lease Prequalification Scheme (LGP1107-3) for a total amount of $674,125 ex GST over a 4 year contract period.

2. Delegate authority to the General Manager to execute the contracts.

Min.781

C08/20-504 Delegations to Determine Applications to Modify Development Consents

Resolved (Cummings/Elmore)

That pursuant to s.377 of the Local Government Act 1993, Council:

1. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.55(1) and s.4.55(1A) of the Environmental Planning and Assessment Act 1979.

2. Note s.4.55(2) applications which must be determined by the Cumberland Local Planning Panel pursuant to the direction issued under s.9.1 of the Environmental Planning and Assessment Act 1979 by the Minister for Planning and Public Spaces on 30 June 2020.

3. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.55(2) of the Environmental Planning and Assessment Act 1979 other than those applications which must be determined by the Cumberland Local Planning Panel pursuant to the s.9.1 direction.

4. Delegate power to the General Manager to determine all applications to modify a development consent under s.4.56 of the Environmental Planning and Assessment Act 1979 other than those applications which would be determined by the Panel if the application was treated as a s.4.55(2) application, in which case the Panel is to be the consent authority.

5. Note s.4.55(2) applications which must be determined by the Sydney Central City Planning Panel pursuant to clause 123BA of the Environmental Planning and Assessment Regulation 2000 and the Instruction on Functions Exercisable by Council on Behalf of Sydney District or Regional Planning Panels – Applications to Modify Development Consents published on the NSW planning portal on 30 June 2020.

Carried Unanimously

	C08/20-505 Investment Report - June 2020
This item was dealt with earlier in the meeting.

	C08/20-506 Update on Approved Mayoral Community Fund Applications
This item was dealt with earlier in the meeting.

	C08/20-507 Review of Cumberland Design Excellence Panel
This item was dealt with earlier in the meeting.

Min.782

C08/20-508 Urban Tree Strategy - Post Exhibition Report

Resolved (Hamed/Sarkis)

That Council adopt the Urban Tree Strategy as outlined in Attachment 1 of this report.

Carried Unanimously

	C08/20-509 Sustainability Action Plan - Post Exhibition Report
This item was dealt with earlier in the meeting.

	C08/20-510 Response to Matter of Urgency - Dumping of Trolleys
This item was dealt with earlier in the meeting.

Min.783	C08/20-511 Draft Wyatt Park Plan of Management
Resolved (Huang/Sarkis) That Council: 1. Refer the Draft Wyatt Park Plan of Management to the NSW Department of Planning, Industry and Environment for Ministerial consent. 2. Upon receipt of Ministerial consent, place the Draft Wyatt Park Plan of Management on public exhibition for a period of 42 days, inviting submissions throughout that time in accordance with Section 38 of the Local Government Act 1993. 3. Provide a further report to Council detailing the outcome of the public exhibition period. Carried Unanimously
	C08/20-512 Request from Fire & Rescue NSW for a Fire Safety Audit on Identified Building
This item was dealt with earlier in the meeting.

	C08/20-513 Renewal of Computers
This item was dealt with earlier in the meeting.

Min.784

RES08/20-6 Notice of Rescission - Mayoral Minute - Councillor Briefings and Workshops during Covid-19

Note: Councillor Campbell tabled a letter he received from the Office of Local Government during the consideration of this item. Council’s General Manager, Hamish McNulty also displayed on screen a letter addressed to the Office of Local Government during the consideration of this item. These letters are attached to the Minutes.

Councillor Cummings exited the Chamber at 7:05pm prior to the consideration of this item as he had declared a significant non-pecuniary interest in this item.

Motion (Campbell/Lake)

Pursuant to Notice, Councillors Campbell, Hamed and Lake move the following Resolution of Council 17/06/2020 (Item MM06/20-33) be rescinded:

That Council conduct all future Councillor Briefings and Workshops in person, with appropriate social distancing implemented in accordance with the NSW Public Health Order, with all Councillors required to attend in person to confirm their attendance.

The Rescission Motion moved by Councillor Campbell, seconded by Councillor Lake 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, Elmore, Hamed, Huang, Lake and Saha.

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

The Mayor, Councillor Christou closed the meeting at 7:35pm.