Minutes of Council Meeting - Wednesday, 5 April 2023

Council Meeting

5 April 2023

Minutes of the Council Meeting 5 April 2023

Councillors

Lisa Lake (Mayor)	Councillor
Suman Saha (Deputy Mayor)	Councillor
Steve Christou	Councillor
Diane Colman	Councillor
Greg Cummings	Councillor
Glenn Elmore	Councillor
Sabrin Farooqui	Councillor
Paul Garrard	Councillor
Ola Hamed	Councillor
Kun Huang	Councillor
Helen Hughes	Councillor
Joseph Rahme	Councillor
Eddy Sarkis	Councillor (via Audio-Visual Link)
Michael Zaiter	Councillor

Officers

Peter Fitzgerald	General Manager
Melissa Attia	Director Corporate Performance (Deputy General Manager)
Daniel Cavallo	Director Environment & Planning
Brendan Govers	Director City Services
Nicole Byrn	Director Community & Culture
Charlie Ayoub	Director Governance & Risk
Colin McFadzean	General Counsel
Carol Karaki	Manager Governance
Bianca Mourched	Governance Officer

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

Opening Prayer

The opening prayer was read by Major Robyn Black from Auburn Salvation Army.

Acknowledgement of Country

The Mayor, Councillor Lake 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 Lake asked all of those in attendance to stand for the playing of the Australian National Anthem.

Min.385 Apologies / Requests for Leave of Absence / Requests for Attendance by Audio-Visual Link

Motion (Elmore/Rahme)

That Councillor Farooqui be granted Leave of Absence for the Ordinary Council Meeting on 5 July 2023 as she will be overseas.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.386

Motion (Saha/Zaiter)

That in accordance with Clause 5.24 of the Code of Meeting Practice, Council approve the attendance of Councillor Sarkis at this meeting via Audio/Visual Link due to being unwell.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Notice of Live Streaming of Council Meeting

The Mayor, Councillor Lake advised that the Council meeting was being streamed live on Council's website and all in attendance must ensure their speech to the Council is respectful and use appropriate language.

Confirmation of Minutes

Min.387

C04/23-268 Minutes of the Ordinary Meeting of Council - 15 March 2023

Motion (Garrard/Rahme)

That Council confirm the minutes of the Ordinary Meeting of Council held on 15 March 2023 subject to the following amendment on page 4:

Remove the words "Councillor Christou apologised for his comment" and insert "Councillor Christou refused to apologise and withdraw his comment”.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Elmore.

Min.388 Apology – Councillor Hussein

Motion (Elmore/Rahme)

That in accordance with Clause 5.3 of the Code of Meeting Practice, an apology be accepted on behalf of Councillor Hussein for this Council meeting due to being unwell.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

The General Manager declared a pecuniary interest in item C04/23-283 as the item directly related to his employment. As such, the General Manager indicated that he would be exiting the Chamber should the matter be considered.

Min.389

MM04/23-29 Mayoral Minute – Closure of Bank Branches in Cumberland

Motion (Lake)

That Council:

1. Write to the Federal Minister for Finance, Senator the Hon. Katy Gallagher, seeking an inquiry into the effects of bank closures in Metropolitan Australia; and

2. Write to our State and Federal Members of Parliament seeking their support in relation to this critical matter that is impacting our community.

The Motion on being Put was declared CARRIED Unanimously.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

During the consideration of this item, Councillor Saha raised a Point of Order, citing an alleged breach of Clause 7.3 of the Code of Meeting Practice, requesting that Councillor Garrard address him as Councillor Saha only. The Mayor upheld the Point of Order, and requested that Councillor Garrard follow the Code of Meeting Practice when referring to other Councillors.

Councillor Sarkis left the meeting at 6:57pm and returned at 6:59pm during the consideration of this item.

Councillor Sarkis left the meeting at 7:07pm and returned at 7:09pm during the consideration of this item.

Public Forum:

Speakers on Items on the Council Meeting Agenda

Speaker	Item #	Suburb
Ms Samira Bounassif	C04/23-281 – Notice of Motion – Safety Issues, Fifth Street and the Trongate, Granville	Granville

Min.390

Alteration of Order of Business

Motion (Hamed/Zaiter)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council alter the order of business to allow Item C04/23-281 to be brought forward for consideration at this time of the Meeting.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.391

C04/23-281 Notice of Motion - Safety Issues, Fifth Street and The Trongate, Granville

Motion (Rahme/Zaiter)

That Council:

1. Refer resident feedback regarding significant accident and safety issues at the intersection of Fifth street and the Trongate, Granville and the proposal for a roundabout to the next Traffic Committee meeting.

2. Notify affected residents of any proposed actions or solutions proposed to seek their further input and feedback prior to implementation.

The Motion on being Put was declared CARRIED Unanimously.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Councillor Sarkis left the meeting at 7:27pm and returned at 7:28pm during the consideration of this item.

Min.392

Matter of Urgency – Councillor Saha

In accordance with Clause 9.3(b) of the adopted Code of Meeting Practice, the Mayor ruled that the business raised without notice by Councillor Saha in relation to a proposed property acquisition be heard by Council as a matter of urgency as it requires a decision by the Council before the next scheduled ordinary meeting.

Motion (Zaiter/Elmore)

That the business raised by Councillor Saha concerning the property acquisition should be considered at this meeting.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.393

Matter of Urgency – Proposed Acquisition of 195 Targo Road, Girraween

Motion (Saha/Zaiter)

That in accordance with the recommendation of Property Committee at its meeting held on 4 April 2023, Council:

1. Support the proposed acquisition of 195 Targo Road, Girraween (Lot 28 DP 8768).

2. Delegate to the General Manager to make an offer on the property in accordance with an independent valuation report.

3. Fund the proposed acquisition through the Property Reserve in accordance with the previous resolution of Council relating to the sale of Mack St, Wentworthville.

The Motion on being Put was declared CARRIED Unanimously.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Councillor Sarkis left the meeting at 7:31pm and returned at 7:32pm during the consideration of this item.

Min.394

Items Resolved by Exception

Motion (Cummings/Garrard)

That Council adopt items C04/23-269, C04/23-270, C04/23-272, C04/23-273, C04/23-274, C04/23-283, C04/23-284 and C04/23-285 on the Council Agenda as per the recommendations in the reports.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

C04/23-269 Legal Report

Resolved by Exception

That the report be received.

C04/23-270 Investment Report February 2023

Resolved by Exception

That the report be received.

C04/23-272 Cumberland Local Planning Panel - Appointment of Additional Independent Expert Members

Resolved by Exception

That Council:

1. Appoint Ms. Elizabeth Kinkade PSM and Mr. Michael Leavey as Independent Expert Members of the Cumberland Local Planning Panel, for a term up to 29 February 2024; and

2. Set the Panel Remuneration in accordance with the Remuneration Determination from the Minister of Planning for Independent Expert Members.

C04/23-273 Cumberland Local Traffic Committee - Minutes of 1 February 2023 Meeting and Items Considered under Delegated Authority

Resolved by Exception

That Council:

1. Note the items considered under delegated authority by the Cumberland Local Traffic Committee at the 1 February 2023 meeting, as provided in Attachment 1.

2. Receive and note the minutes of the Cumberland Local Traffic Committee meeting held on 1 February 2023, as provided in Attachment 2.

C04/23-274 Cumberland Local Traffic Committee - 1 February 2023 - Recommendations to Council

Resolved by Exception

That Council endorse the recommendations for items considered by the Cumberland Local Traffic Committee at the 1 February 2023 meeting, as provided in this report.

C04/23-283 Outcome of the General Manager's Mid-Year Performance Review for the Period from 1 July 2022 to 31 December 2022

Resolved by Exception

That Council:

1. Note the outcome of the informal mid-year General Manager’s performance review for the period from 1 July 2022 to 31 December 2022; and

2. Request a report that proposes amendments to Council’s “Procedure for the Review of General Manager’s Performance” to establish a Performance Review Panel comprising the Mayor, Deputy Mayor and a third Councillor, nominated by the Council.

C04/23-284 Tender Evaluation Report - Maunder Reserve Demolition and Upgrade

Resolved by Exception

That Council:

1. Accept the Tender Evaluation Panel’s recommendation to award the contract to Hansen Pty Ltd t/a Forpark Australia (ABN 70 826 677 041) in accordance with Clause 178(1)(a) of the Local Government (General) Regulations 2021, for $631,737.00 ex GST.

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

C04/23-285 Update on Lease of Wyatt Park Basketball Centre

Resolved by Exception

That Council:

1. Receive the update report on lease negotiations for Wyatt Park Basketball centre;

2. Approve entering into two separate 21-year lease agreements with Parramatta Basketball Association Inc (ABN 91964208509) and Hoops Management Pty Ltd (ABN 31652491382) for the lease of Wyatt Park Basketball Centre at Wyatt Park, Lidcombe as outlined in the report;

3. Undertake a further 28 days Public Notice of the proposed leases as required under the Local Government Act 1993; and

4. Delegate authority to the General Manager to finalise and execute the documentation if no adverse submissions are received.

Min.395

C04/23-271 Adoption of Conflict of Interest for Council Related Development Applications Policy - Post Exhibition

Motion (Elmore/Colman)

That Council:

1. Adopt the Conflict of Interest for Council Related Development Applications Policy as outlined in Attachment 1 to this report.

2. Adopt the amendments to the Cumberland Community Engagement Strategy.

3. Adopt the amendments to the Cumberland Development Control Plan.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.396

C04/23-275 Cumberland Local Traffic Committee - Minutes of 1 March 2023 Meeting and Items Considered Under Delegated Authority

Motion (Saha/Colman)

That Council:

1. Note the items considered under delegated authority by the Cumberland Local Traffic Committee at the 1 March 2023 meeting, as provided in Attachment 1.

2. Receive and note the minutes of the Cumberland Local Traffic Committee meeting held on 1 March 2023, as provided in Attachment 2.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.397

C04/23-276 Cumberland Local Traffic Committee - 1 March 2023 - Recommendations to Council

Motion (Saha/Colman)

That Council endorse the recommendations for items considered by the Cumberland Local Traffic Committee at the 1 March 2023 meeting, as provided in this report.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.

Councillor(s) Against the Motion: Nil.

Min.398

C04/23-277 Quarterly Progress Report on Council's Section 355 Committee and Community Advisory Committees

Motion (Colman/Hamed)

That Council:

1. Receive the report noting the Draft Minutes of Council’s Section 355 and Community Advisory Committees recently convened;

2. Approve and minute the recommendations to Council noted in the various Committee Minutes, as summarised in the report.

3. Provide a further report to the next council meeting providing detailed information about the proposed heritage conservation areas.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Saha and Sarkis.

Councillor(s) Against the Motion: Christou, Rahme and Zaiter.

During the consideration of this item, Councillor Christou raised a Point of Order, citing an alleged breach of Clause 15.11(d) and (e) of the Code of Meeting Practice, noting that Councillor Elmore made comments directed at him of a personal nature. The Mayor did not uphold the Point of Order as a personal reflection, however raised concerns around disorder (15.11(e)) and asked Clr Elmore to refrain from making comments that are not relevant to the matter before Council.

Councillor Rahme left the meeting at 7:50pm and returned at 7:55pm during the consideration of this item.

Councillor Sarkis left the meeting at 7:52pm and returned at 7:58pm during the consideration of this item.

Councillor Zaiter left the meeting at 7:54pm and returned at 7:55pm during the consideration of this item.

Min.399

C04/23-278 Notice of Motion - Unkept Surrounds - Northern Granville

Motion (Garrard/Christou)

That Council express its serious concern regarding the unkept surrounds of the northern side of Granville within the shopping centre, Parramatta Road environs and surrounding neighbourhoods. Such areas are within close proximity to the Cumberland City Council boundary and reflect poorly upon those Cumberland City neighbourhoods which reflect a much higher level of maintenance.

The Motion on being Put was declared LOST on the casting vote of the Mayor.

Councillor(s) For the Motion: Christou, Cummings, Garrard, Hughes, Rahme, Sarkis and Zaiter.

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

During the consideration of this item, Councillor Christou raised a Point of Order, citing a breach of the Code of Meeting Practice, stating that Councillor Elmore made comments directed at him of a personal nature. The Mayor upheld the Point of Order and requested that Councillor Elmore withdraw his comments. Councillor Elmore subsequently withdrew his comments.

Councillor Sarkis left the meeting at 8:00pm and returned at 8:05pm during the consideration of this item.

Councillor Sarkis left the meeting at 8:14pm and returned at 8:17pm during the consideration of this item.

Min.400

C04/23-279 Notice of Motion - Open Space Lidcombe

Motion (Hughes/Garrard)

That given the lack of passive recreational space within the Lidcombe area, particularly acknowledging the expansion of high density living, that Council approach the Federal Government to have an area of land deemed surplus to the needs of the Department of Defence within East Street, Lidcombe presently utilised by the RAAF, and that a section of this land to be dedicated to Council as a passive public open space.

Amendment (Farooqui/Huang)

Omit

approach the Federal Government to have an area of land deemed surplus to the needs of the Department of Defence within East Street, Lidcombe presently utilised by the RAAF, and that a section of this land to be dedicated to Council as a passive public open space.

Insert

1. Refer the matter to the Property Committee for consideration as to whether passive public open space would be a feasible use of the Defence land at East St Lidcombe,

2. Report on options for expansion of green space in Lidcombe to address the shortfall in open space in this area.

The Amendment on being Put was declared CARRIED.

Councillor(s) For the Amendment: Colman, Elmore, Farooqui, Hamed, Huang, Lake and Saha.

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

The Amendment then became the Motion as follows:

Motion (Farooqui/Huang)

That given the lack of passive recreational space within the Lidcombe area, particularly acknowledging the expansion of high density living, that Council:

1. Refer the matter to the Property Committee for consideration as to whether passive public open space would be a feasible use of the Defence land at East St Lidcombe,

2. Report on options for expansion of green space in Lidcombe to address the shortfall in open space in this area.

The Motion on being Put was declared CARRIED.

Councillor(s) For the Motion: Colman, Elmore, Farooqui, Hamed, Huang, Lake and Saha.

Councillor(s) Against the Motion: Christou, Cummings, Garrard, Hughes, Rahme and Zaiter.

Councillor Sarkis left the meeting at 8:25pm and returned at 8:31pm during the consideration of this item.

Councillor Rahme left the meeting at 8:31pm and returned at 8:38pm during the consideration of this item.

Councillor Sarkis left the meeting at 8:36pm and returned at 8:39pm during the consideration of this item.

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

Councillor Saha left the meeting at 8:50pm and returned at 8:54pm during the consideration of this item.

Min.401

C04/23-280 Notice of Motion - Mobile Library Service Berala

Motion (Hughes/Garrard)

That the General Manager report to Council highlighting the existing approved Contribution Plan and provide an option to amend the Plan so as to provide an increase in library funding so as to provide a ‘Mobile Library’ Service within Berala.

The Motion on being Put was declared LOST.

Councillor(s) For the Motion: Christou, Cummings, Garrard, Hughes, Rahme and Zaiter.

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

Councillor Christou left the meeting at 9:00pm and returned at 9:02pm during the consideration of this item.

Councillor Rahme left the meeting at 9:01pm and returned at 9:02pm during the consideration of this item.

Min.402

AR04/23-1 Motion to Alter or Rescind Council Resolution - C03/23-265 Outdoor Dining Fees during Ramadan and Easter

Motion (Christou/Garrard)

Pursuant to Notice, Councillors Sarkis, Christou and Garrard move that Council rescinds the resolution relating to C03/23-265 Outdoor Dining Fees during Ramadan and Easter. A copy of the resolution is shown below:

That Council:

1. Support local businesses by reaffirming its established position on the suspension of outdoor dining fees for the trade of food or drink immediately in front of their business premises during the Ramadan and Easter period;

2. Undertake a retail food outlets awareness campaign and promote this position of Council through Council’s Media and Social Media channels.

The Rescission Motion on being Put was declared LOST.

Councillor(s) For the Motion: Christou, Cummings, Garrard and Hughes.

Councillor(s) Against the Motion: Colman, Elmore, Farooqui, Hamed, Huang, Lake, Rahme, Saha and Zaiter.

Councillor Cummings left the meeting at 9:16pm and returned at 9:21pm during the consideration of this item.

	C04/23-282 Questions with Notice - Submitted by Councillor Hughes
Note: Council received the answers to these questions as published in the Business Paper for this Ordinary Council Meeting (5 April 2023).

The Mayor, Councillor Lake closed the meeting at 9:31pm.