Minutes of Council Meeting - Wednesday, 16 December 2020

Council Meeting

16 December 2020

Minutes of the Council Meeting 16 December 2020

Steve Christou (Mayor)	Councillor
Eddy Sarkis (Deputy Mayor)	Councillor (arrived 7:02pm)
Ned Attie	Councillor
George Campbell	Councillor (via web conferencing)
Greg Cummings	Councillor
Glenn Elmore	Councillor
Paul Garrard	Councillor
Ola Hamed	Councillor
Kun Huang	Councillor
Lisa Lake	Councillor
Joseph Rahme	Councillor (arrived 6:35pm)
Suman Saha	Councillor
Michael Zaiter	Councillor
Tom Zreika	Councillor (arrived 6:38pm)
Daniel Cavallo	Acting General Manager
Peter Fitzgerald	Director Works & Infrastructure
Richard Sheridan	Director Finance & Governance
Nicole Byrn	Acting Director Community & Organisation Development
Daniel Anderson	Acting Director Environment & Planning

Also Present:

Charlie Ayoub	Executive Manager Corporate Services
Colin McFadzean	General Counsel
Carol Karaki	Senior Coordinator Governance & Civic Events
Olivia Shields	Senior Governance Officer

The Mayor, Councillor Christou declared the meeting open at 6:30pm.

Opening Prayer

The opening prayer was read by Father Thomas Kurunthanam from St Peter Chanel Catholic Church.

Acknowledgement of Country

The Mayor, Councillor Christou read 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.

The Mayor, Councillor Christou acknowledged the presence of the Lady Mayoress, Josephine Christou, and Dr Hugh McDermott, State Member of Parliament for Prospect in the public gallery.

Min.976 Apologies/Leave of Absence

Resolved (Attie/Zaiter)

Note: Councillor Garrard noted that Councillor Sarkis is an apology at this stage of the meeting. Councillor Sarkis later entered the Meeting at 7:02pm.

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

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

The Mayor, Councillor Christou noted that the Acting General Manager advised him that he along with his Council staff will not be present for the debate on item C12/20-662 as this item relates to the re-appointment of the General Manager. It was further noted that the Council Officers will return to the Chamber prior to the vote being undertaken to record the votes.

Min.977

Livestream Accessibility

Note: Councillor Lake noted that there were a large number of people in the foyer area who were unable to enter the Chamber due to COVID restrictions imposing a limit on the number of attendees. Councillor Lake enquired if a laptop or other technology could be made available so that these people could watch the live stream from the foyer area.

Resolved (Rahme/Zreika)

That the members of the public in the foyer unable to enter the Chamber are provided access to watch Council's proceedings via any possible means.

Carried Unanimously

Confirmation of Minutes

Min.978

Minutes of the Ordinary Meeting of Council held 2 December 2020 and Minutes of the Extraordinary Meeting of Council held 9 December 2020

Resolved (Attie/Cummings)

That Council confirm the minutes of the Ordinary Meeting of Council held on 2 December 2020 and the minutes of the Extraordinary Meeting of Council held on 9 December 2020.

Min.979

MM12/20-49 Mayoral Minute – Christmas Carols Event

Resolved (Christou)

That Council congratulate all staff involved in the planning and delivery of the Cumberland City Christmas Carols Event.

Min.980

MM12/20-50 Mayoral Minute – Recognition for Auburn Everuss Aquatic Centre

Resolved (Christou)

That Council congratulate the operators of Council’s Auburn Ruth Everuss Aquatic Centre, Belgravia Leisure, on winning the AustSwim NSW and National Swim Centre Of The Year Award.

Public Forum:

Speakers on Items on the Council Meeting Agenda

Speaker	Item #	Suburb
Mr Stelio Pappas	C12/20-655 Wyatt Park Opportunities	Concord West
Ms Nicole on behalf of Mr Nigel Apps	C12/20-655 Wyatt Park Opportunities	Ermington
Ms Gay Watson	C12/20-655 Wyatt Park Opportunities	Newington
Ms Stephanie Bushell (written submission read by the Mayor)	RES12/20-7 Notice of Rescission - Project Poly	Greystanes
Mr Michael McGowan (written submission read by the Mayor)	RES12/20-7 Notice of Rescission - Project Poly	Pemulwuy
Dr Hugh McDermott MP	RES12/20-7 Notice of Rescission - Project Poly	Greystanes
Ms Sharlyn Teo	RES12/20-7 Notice of Rescission - Project Poly	Pemulwuy
Ms Isabella Fossano	RES12/20-7 Notice of Rescission - Project Poly	Greystanes
Ms Nicole Senior	RES12/20-7 Notice of Rescission - Project Poly	Granville
Ms Sue Kealy	RES12/20-7 Notice of Rescission - Project Poly	Sydney

Councillor Rahme left the Meeting at 6:48pm and returned to the Meeting at 7:02pm during Public Forum.

Councillor Sarkis left the Meeting at 7:06pm and returned to the Meeting at 7:14pm during Public Forum.

Min.981

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 C12/20-655 and RES12/20-7 to be brought forward for consideration at this time of the Meeting.

Min.982

C12/20-655 Wyatt Park Opportunities

Motion (Attie/Zreika)

That Council:

1. Subject to receiving Ministerial approval on the Draft Plan of Management:

a) Undertake an Expression of Interest (EOI) process for the lease of Lidcombe Oval up to 21 year term; and

b) Undertake an Expression of Interest (EOI) process for the lease of land on the corner of Olympic Drive and Church Street for a Regional Skate Park facility up to 21 year term.

2. Give consideration if possible, to the velodrome and its users as part of the EOI process.

3. Receive a report outlining the results of the EOI processes undertaken.

Amendment (Campbell/Huang)

Insert “that would preserve the availability for cycling for 21 years” at the end of point a.

The Amendment moved by Councillor Campbell seconded by Councillor Huang 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 Zreika 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 Hamed left the Meeting at 7:25pm and returned to the Meeting at 7:26pm during the consideration of this item.

Min.983

RES12/20-7 Notice of Rescission - Project Poly

Motion (Lake/Cummings)

Pursuant to Notice, Councillors Lake, Saha, Elmore and Cummings move the following Resolution of Council 23/11/2020 (Item C11/20-616) be rescinded:

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to proceed to a Selective Tender process for the sale of the Long Day Care centres as outlined in the Expression of Interest, and invite Advantage Childcare Services, Lighthouse Childcare and The Infants Home Child & Family Services to Tender in accordance Section 55(4) of the Local Government Act 1993 and Clauses 168 and 169 of the Local Government (General) Regulation 2005.

2. Undertake a Selective Tender process for the sale of the Family Day Care Centres as outlined in the Expression of Interest, and invite all seven (7) submissions, in accordance Section 55(4) of the Local Government Act 1993 and clauses 168 and 169 of the Local Government (General) Regulation 2005.

3. In parallel with the selective tender process work with staff and the USU on a proposal that if the service were to be retained in house would allow the service to be delivered at minimal, if any, subsidy.

4. At the end of the selective tender process a report be brought back to Council summarising the results of that process and the work outlined in Point 3 above.

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.984

RES12/20-8 Notice of Rescission - Mayoral Minute – Cumberland City Council Withdrawing from Western Sydney Region of Councils (WSROC)

Note: At 8:10pm the Mayor, Councillor Christou expelled member of the public Miss Caroline Staples from the meeting, in accordance with clause 15.17 of the Code of Meeting Practice. Once Ms Staples had left the Chamber, the debate resumed on this item.

Motion (Campbell/Saha)

Pursuant to Notice, Councillors Campbell, Hamed and Lake move the following Resolution of Council 2/12/2020 (Item MM12/20-46) be rescinded:

That Council:

1. Provide the required notice (6 months) to cease its membership from the Western Sydney Region of Councils (WSROC), in accordance with the provisions in the WSROC’s Constitution; and

2. Write to WSROC and formally advise them of Council’s decision to cease its membership.

The Rescission Motion moved by Councillor Campbell, seconded by Councillor Saha 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.

Councillor Rahme left the Meeting at 8:07pm and returned to the Meeting at 8:09pm during the consideration of this item.

Min.985

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.986

Items by Exception

Resolved (Sarkis/Cummings)

That Council adopt item C12/20-649, C12/20-651, C12/20-657, C12/20-658 and C12/20-661 on the Council Agenda as per the recommendations in the reports.

Min.987

C12/20-649 Legal Report

Resolved (Sarkis/Cummings)

That the report be received.

Min.988

C12/20-651 Investment Report - November 2020

Resolved (Sarkis/Cummings)

That Council receive the 30 November Investment Report.

Min.989

C12/20-657 Approval of Heavy Vehicle Access for Multiquip Transport Pty Ltd

Resolved (Sarkis/Cummings)

That Council:

1. Approve a trial period of twelve (12) months for heavy vehicles under Higher Mass Limits (including Quad Axle vehicles) to access Council roads, subject to community consultation being undertaken, the completion of a surface dilapidation and condition report submitted by the applicant to Council and the payment of a performance bond as determined by Council’s fees and charges.

2. Note that permissible access to Council’s roads would be restricted to the following road sections:

a) Toongabbie Road, Girraween, from Great Western Highway to Magowar Road

b) Amax Avenue, Girraween, from Toongabbie Road up to the ‘Steggles’ shop

c) Magowar Road, Girraween, from Toongabbie Road up to ‘Cordina’ Farm

Min.990	C12/20-658 Draft Community Spaces Plan of Management
Resolved (Sarkis/Cummings) That Council: 1. Refer the Draft Community Spaces Plan of Management to the NSW Department of Planning, Industry and Environment for Ministerial consent; and 2. Upon receipt of Ministerial approval, place the Draft Community Spaces Plan of Management on 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.
Min.991	C12/20-661 Tender Evaluation Report - Everley North Park (Extension and Repair to Existing Amenities Block)
Resolved (Sarkis/Cummings) That Council: 1. Decline all tenders in accordance with Clause 178(1)(a) of the Local Government (General) Regulation 2005. 2. Invite fresh tenders for the proposed contract, in accordance with Clause 178(3)(b) of the Local Government (General) Regulation 2005.
Min.992	C12/20-650 Adoption of Goods on Display Policy - Post Exhibition
Resolved (Attie/Hamed) That Council: 1. Adopt the Goods on Display Policy and Goods on Display Guidelines as outlined in Attachment 1 and Attachment 2 of this report with the following amendment to the Guidelines: Add any other items or goods that are deemed acceptable and safe by Council and not offensive. 2. Rescind the Goods on Footpath Policies of the former Holroyd, Auburn and Parramatta Councils. 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, Saha, Sarkis, Zaiter and Zreika. Councillor(s) Against the Motion: Rahme.

	C12/20-651 Investment Report - November 2020
This item was dealt with earlier in the meeting.

Min.993

C12/20-652 Cumberland Planning Agreements Policy and Guidelines - Post Exhibition Report

Note: The Mayor, Councillor Christou left the Meeting at 8:38pm. The Deputy Mayor, Councillor Sarkis assumed the Chair accordingly. The Mayor, Councillor Christou returned to the Meeting and assumed the Chair at 8:40pm.

Motion (Attie/Sarkis)

That Council:

1. Adopt the Cumberland Planning Agreements Policy.

2. Note the refinements to the Cumberland Planning Agreements Guidelines.

Amendment (Lake/Hamed)

That, consistent with the Cumberland Affordable Interim Housing Policy, the Cumberland Planning Agreements Guidelines be amended as follows:

a) Page 16 (page 110 of the business paper)

Paragraph 2.11 Affordable housing in connection with planning proposals

Omit “5%” and insert “15%”

The Amendment moved by Councillor Lake 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, Huang, Lake and Saha.

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

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, Cummings, Garrard, Lake, Rahme, Sarkis, Zaiter and Zreika.

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

Councillor Rahme left the Meeting at 8:38pm and returned to the Meeting at 8:41pm during the consideration of this item.

Min.994

C12/20-653 Response to Notice of Motion - Wentworthville Carpark(s)

Resolved (Attie/Sarkis)

That Council receive the report.

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.995

C12/20-654 Your High Street Program - Grant Funding Application

Motion (Lake/Saha)

That Council prepare and submit an application for funding of up to $1 million under the NSW Government’s Your High Street program, to deliver targeted public domain works that will enhance the amenity and functionality of South Street, Granville with the following amendment:

a) Omit “South Street, Granville” and insert “Pendle Way, Pendle Hill”.

Amendment (Garrard/Attie)

The Amendment moved by Councillor Garrard seconded by Councillor Attie on being Put was declared CARRIED 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: Attie, Christou, Garrard, Hamed, Rahme, Sarkis and Zreika.

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

The Amendment moved by Councillor Garrard seconded by Councillor Attie then became the motion.

The motion moved by Councillor Garrard seconded by Councillor Attie on being Put was declared CARRIED to become the resolution of Council (as shown in the amendment).

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, Elmore, Garrard, Hamed, Lake, Rahme, Sarkis, Zaiter and Zreika.

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

Councillor Cummings left the Meeting at 9:04pm and returned to the Meeting at 9:08pm during the consideration of this item.

	C12/20-655 Wyatt Park Opportunities
This item was dealt with earlier in the meeting.

Min.996

C12/20-656 Response to Notices of Motion - Lower Prospect Signage & Animal Defecation

Resolved (Sarkis/Cummings)

That:

1. Council receive and note this report.

2. Council take immediate action.

3. The “Standard Ordinance Parks and Reserve Sign” be reviewed for clarity and accuracy.

Carried Unanimously

Councillors Hamed and Huang left the Meeting at 9:18pm during the consideration of this item.

	C12/20-657 Approval of Heavy Vehicle Access for Multiquip Transport Pty Ltd
This item was dealt with earlier in the meeting.

C12/20-658 Draft Community Spaces Plan of Management

This item was dealt with earlier in the meeting.

Min.997

C12/20-659 Cumberland Traffic Committee - Minutes of the Electronic Meetings held in November 2020

Resolved (Rahme/Garrard)

That:

1. The minutes of Part 1 Items of the Cumberland Traffic Committee Electronic Meetings of 4 and 18 November 2020, be received and noted; and

2. The minutes of Part 2 Items of the Cumberland Traffic Committee Electronic Meetings of 4 and 18 November 2020, be received and recommendations contained therein be approved.

3. The staff and the committee be thanked for their work on items CTC20-211 – Morris St, Merrylands Pedestrian Crossing near Merrylands Public School and CTC20-214 - Morris St, Merrylands Speed Humps.

Carried Unanimously

Councillor Huang returned to the Meeting at 9:21pm during the consideration of this item.

Councillor Hamed returned to the Meeting at 9:23pm during the consideration of this item.

Min.998

C12/20-660 Notice of Motion Granville Park Stadium Naming

Resolved (Cummings/Elmore)

That Council:

1. Name the new Granville Park Stadium, The Eric Tweedale Stadium after Eric Tweedale, Rugby Union player, Wallaby and crucial in junior rugby development at Granville; and

2. The proposal be placed on public exhibition for 28 days.

Carried Unanimously

	C12/20-661 Tender Evaluation Report - Everley North Park (Extension and Repair to Existing Amenities Block)
This item was dealt with earlier in the meeting.

At this point in the Meeting, Councillor Attie noted that Monica Cologna, Executive Manager City Strategy will be leaving Cumberland to join another Council and wished to thank her for her hard work and efforts over the years with the former Auburn Council and Cumberland City Council.

Min.999

Closed Session

Resolved (Attie/Sarkis)

At this stage of the meeting being 9:39pm, 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.1000

Open Session

Resolved (Attie/Cummings)

Council returned to Open Session at 9:51pm to resolve the below Confidential Item:

C12/20-662 Re-Appointment of the General Manager

Min.1001

C12/20-662 Re-Appointment of the General Manager

Resolved (Attie/Sarkis)

That Council:

1. Reappoint Mr Hamish McNulty to the role of General Manager for a further 2-year period under the terms of the Standard Contract of Employment for General Managers in NSW Councils.

2. Confirm that the appointment will, upon commencement of this contract, maintain the current Total Remuneration Package (TRP) for the General Manager.

3. Delegate to the Mayor to confirm in writing to Mr Hamish McNulty an offer of reappointment on the above terms, accompanied by a Contract of Employment reflecting same, by no later than 30 December 2020.

Carried Unanimously

The Mayor, Councillor Christou closed the meeting at 9:55pm.