7 February 2024
Minutes of the Council Meeting 07 February 2024
Councillors
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Lisa Lake (Mayor) |
Councillor |
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Ola Hamed (Deputy Mayor) |
Councillor |
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Steve Christou |
Councillor |
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Diane Colman |
Councillor |
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Greg Cummings |
Councillor |
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Glenn Elmore |
Councillor |
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Sabrin Farooqui |
Councillor |
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Paul Garrard |
Councillor |
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Kun Huang |
Councillor (via Audio-Visual Link – joined 6:37pm) |
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Helen Hughes |
Councillor |
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Mohamad Hussein |
Councillor (arrived 6:41pm) |
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Joseph Rahme |
Councillor (arrived 6:31pm) |
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Suman Saha |
Councillor |
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Eddy Sarkis |
Councillor |
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Michael Zaiter |
Councillor |
Officers
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Peter Fitzgerald |
General Manager |
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Melissa Attia |
Director Corporate Performance (Deputy General Manager) |
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Daniel Cavallo |
Director Environment & Planning |
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Brendan Govers |
Director City Services |
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Nicole Byrn |
Director Community & Culture |
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Charlie Ayoub |
Director Governance & Risk |
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Colin McFadzean |
General Counsel |
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Carol Karaki |
Manager Governance |
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Bianca Mourched |
Coordinator Governance |
The Mayor, Councillor Lake declared the meeting open at 6:30pm.
Opening Prayer
The opening prayer was read by Reverend Danelle McLeay from Merrylands Baptist Church.
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.
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Min.635 |
Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio-Visual Link |
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Motion (Zaiter/Saha) That in accordance with Clause 5.24 of the Code of Meeting Practice, Council approve the attendance of Councillor Huang at this meeting via Audio/Visual Link due to work commitments.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Colman, Cummings, Elmore, Farooqui, Hamed, Hughes, Lake, Rahme, Saha, Sarkis and Zaiter.
Councillor(s) Against the Motion: Christou and Garrard.
Councillor Huang joined the Meeting at 6:37pm following the consideration of this item. |
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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
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Min.636 |
C02/24-452 Minutes of the Ordinary Meeting of Council - 06 December 2023 |
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That Council confirm the minutes of the Ordinary Meeting of Council held on 06 December 2023 and 13 December 2023 (As resumed from the Council Meeting adjourned on 6 December 2023).
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. |
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Councillor Elmore declared a Significant, Non-Pecuniary interest in relation to Item C02/24-456 Letter of Offer for 4-4A Terminal Place, Merrylands as he is on the Sydney Central Planning Panel which will determine this matter in future, and as such, he will leave the Chamber prior to any discussion in relation to the matter.
Councillor Hamed declared a Significant, Non-Pecuniary interest in relation to Item C02/24-456 Letter of Offer for 4-4A Terminal Place, Merrylands as she is on the Sydney Central Planning Panel which will determine this matter in future, and as such, she will leave the Chamber prior to any discussion in relation to the matter.
Councillor Sarkis declared a Less than Significant, Non-Pecuniary interest in relation to Item C02/24-458 Draft Pendle Hill Town Centre Public Domain Plan - Post Exhibition as his family own property near the area subject of the report, and as such, he will leave the Chamber prior to any discussion in relation to the matter.
The General Manager declared a Pecuniary interest in item AR02/24-1 Notice of Motion to Alter Council Resolution - C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024 as the item directly related to his employment. As such, the General Manager indicated that he would be exiting the Chamber upon the consideration of this item.
Councillor Hussein entered the meeting at 6:41pm during the Declarations of Interest.
Request for Adjournment – Prayer Break
The Mayor, Councillor Lake advised that she was in receipt of a request for a prayer break adjournment at 8:00pm. In accordance with clause 5.8 of the Code of Meeting Practice, the Mayor ruled that she will adjourn the Meeting for a period of 10 minutes after the first item that concludes around 8:00pm to allow Councillors to pray.
Granville Train Disaster Memorial Service
At this point in the Meeting, the Mayor read out an appreciation email in relation to the recent Granville Train Disaster Memorial Service held by Council from Chief Inspector Gary Raymond a member of the Granville Train Disaster Association.
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Min.637 |
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That Council: 1. Congratulate Councillor Sabrin Farooqui, Mr David Allan Williams, Mr Sarkis Chahine Karam, Mr Peter Bacha, and the late Mr John Edward Glennon on being awarded the Medal of the Order of Australia. 2. Organise a Mayoral reception to congratulate individuals awarded the Medal of the Order of Australia, including the family of the late Mr John Edward Glennon.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter.
Councillor(s) Against the Motion: Nil. |
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Public Forum:
Speakers on Items on the Council Meeting Agenda
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Speaker |
Item # |
Suburb |
Interest |
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Mr Alex Doyan |
AR02/24-2 Notice of Motion to Alter Council Resolution - CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island |
Regents Park |
Resident |
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Mrs Roula Christodoulides |
AR02/24-2 Notice of Motion to Alter Council Resolution - CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island |
Regents Park |
Owner |
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Mr Roydon Ng |
C02/24-461 Notice of Motion - Response to proposed changes to Planning Policy for parts of Berala and Lidcombe |
Lidcombe |
Resident |
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Min.638 |
Alteration of Order of Business
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Motion (Hughes/Colman) That in accordance with Clause 8.2 of the Code of Meeting Practice, Council alter the order of business to allow Items AR02/24-2 Notice of Motion to Alter Council Resolution - CTC-23-187- Kibo Road, Regents Park - Proposed Refuge Island and C02/24-461 Notice of Motion - Response to proposed changes to Planning Policy 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, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter. Councillor(s) Against the Motion: Nil. |
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ADJOURNMENT
7:35pm The Mayor, Councillor Lake adjourned the meeting to seek clarification advice on the Code of Meeting Practice, in accordance with the above.
7:47pm The Mayor, Councillor Lake upon reassembling, asked for a Motion to proceed with the business.
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Min.640 |
Motion to Proceed with Business |
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Motion (Garrard/Christou) That Council continue with the business 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, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter.
Councillor(s) Against the Motion: Nil. |
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Upon the resumption of the meeting, through the General Manager, the General Counsel confirmed that the Mayor’s ruling in relation to the request for a Division was in accordance with the Code of Meeting Practice.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui Garrard, Hamed, Huang, Hughes, Hussein, Lake, Saha and Zaiter.
Councillor(s) Against the Motion: Rahme and Sarkis.
During the consideration of this item, Councillor Colman raised a point of order, citing an alleged breach of the Code of Meeting Practice by Councillor Garrard, stating that Councillor Garrard made a concerning remark. The Mayor, Councillor Lake asked Councillor Garrard to withdraw and apologise. Councillor Garrard proceeded to replace his remark, and did not apologise.
During the consideration of this item, Councillor Rahme raised a point of order, citing an alleged breach of Clause 15.11(d)(e) of the Code of Meeting Practice by Councillor Colman, stating that Councillor Colman made an unfavourable remark about Councillor Garrard. The Mayor, Councillor Lake advised that she did not hear the comment however this can be further reviewed following the meeting through the meeting recording.
Councillor Christou left the Meeting at 8:03pm and returned to the Meeting at 8:05pm during the consideration of this item.
Councillor Sarkis left the Meeting at 8:11pm and returned to the Meeting at 8:13pm during the consideration of this item.
Councillor Huang left the Meeting at 8:29pm and returned to the Meeting at 8:31pm during the consideration of this item.
Councillor Huang returned to the Meeting at 8:49pm following the adjournment during the consideration of this item.
Councillor Farooqui returned to the Meeting at 8:49pm following the adjournment during the consideration of this item.
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Min. 643 |
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Motion (Cummings/Hamed) That Council adopt items C02/24-454, C02/24-459, C02/24- 460, C02/24- 462 and C02/24-463 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, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter. Councillor(s) Against the Motion: Nil. |
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That Council receive the November 2023 Investment Report. |
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That Council installs the proposed commemorative plaque in honour of the late Thomas (Tom) Adams and updated identification signage associated with the naming at Roberta Street Park, Greystanes, as outlined in this report. |
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C02/24-460 Report on Variations for Development Standards Approved Under Delegation - October to December 2023 Quarter |
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That Council receive and note this report. |
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Min.645 |
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That Council receive the December 2023 Investment Report.
The Motion on being Put was declared CARRIED Unanimously.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter.
Councillor(s) Against the Motion: Nil. Councillor Huang left the Meeting at 9:16pm and returned to the Meeting at 9:21pm during the consideration of this item. |
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Min.647 |
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That Council: 1. Endorse in-principle the letter of offer for 15 Neil Street, Merrylands, regarding the dedication of land for the purpose of open space and associated works (as required by Council), use of a surplus value of contributions already paid, and associated offsets of local infrastructure contributions, as outlined in this report. 2. Note that the Council resolution on the letter of offer will be considered as part of the assessment for the modification application on the site.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha, Sarkis and Zaiter.
Councillor(s) Against the Motion: Nil. |
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AR02/24-1 Notice of Motion to Alter Council Resolution - C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024 |
Note: The General Manager exited the Chamber prior to the consideration of this item at 9:38pm and returned to the Chamber following the consideration of this item at 9:59pm, as he had declared a Pecuniary Interest in this item.
During the consideration of this item, Council proposed to consider the matter further in closed session, due to the matter relating to personnel matters in accordance with Section 10A(2)(a) of the Local Government Act 1993.
Councillor Rahme left the Meeting at 9:40pm and returned to the Meeting at 9:41pm during the consideration of this item.
Councillor Farooqui left the Meeting at 9:41pm and returned to the Meeting at 9:42pm during the consideration of this item.
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Min.649 |
Closed Session |
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At this stage of the meeting being 9:50pm, the Mayor advised that in accordance with Section 10A(2)(a) of the Local Government Act 1993, it is proposed to move into Closed Session to consider the following item:
Item AR02/24-1 as the item contains the following: (2) The matters and information are the following— (a) personnel matters concerning particular individuals (other than councillors), Motion (Zaiter/Elmore) That in accordance with S.10A(2)(a) of the Local Government Act 1993, enter into Closed Session to consider Item AR02/24-1.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha and Zaiter. Councillor(s) Against the Motion: Nil. |
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Min.650 |
AR02/24-1 Notice of Motion to Alter Council Resolution - C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024 |
Pursuant to Notice, Councillors Garrard, Christou and Hughes move that Council alter the below resolution of Council made at the Council Meeting on 6 December adjourned to 13 December 2023 C12/23-451 Draft Performance Agreement for Cumberland Council General Manager for the Period 1 July 2023 to 30 June 2024.
Min.631
That Council:
1. Adopt the Draft Performance Agreement for Cumberland Council General Manager for the period 1 July 2023 to 30 June 2024, as provided under Attachment 1 to this report subject to deletion of the tier 3 weightings leaving the tier 1 and tier 2 weightings.
2. Note that this agreement, once adopted will form the basis on which the mid-year review of the General Manager’s performance will be conducted (in February 2024 consistent with the Procedure for the Review of the Performance of the General Manager).
3. Receive a report in July 2024 to nominate a third panel member to form the Review Panel, to conduct the review of the General Manager’s performance for the period 1 July 2023 to 30 June 2024 as per the Procedure for the Review of the Performance of the General Manager.
4. Conduct the annual review of the General Manager’s performance on or as close as possible to 1 August 2024.
Motion
That Council:
1. Adopt the Draft Performance Agreement for Cumberland Council General Manager for the period 1 July 2023 to 30 June 2024, as provided under Attachment 1 to this report subject to deletion of the tier 3 weightings leaving the tier 1 and tier 2 weightings subject to the following inclusions:
- That the General manager undertake initiatives to improve compliance around illegally parked trucks on residential roads
- That the town centres cleanliness be improved
- That customer service performance be improved whereby staff become more accountable to ratepayer requests
2. Note that this agreement, once adopted will form the basis on which the mid-year review of the General Manager’s performance will be conducted (in February 2024 consistent with the Procedure for the Review of the Performance of the General Manager).
3. Receive a report in July 2024 to nominate a third panel member to form the Review Panel, to conduct the review of the General Manager’s performance for the period 1 July 2023 to 30 June 2024 as per the Procedure for the Review of the Performance of the General Manager.
4. Conduct the annual review of the General Manager’s performance on or as close as possible to 1 August 2024.
The Motion to alter the resolution of Council made at the Council Meeting on 6 December 2023 and 13 December 2023 (As resumed from the Council Meeting adjourned on 6 December 2023 – Min. 631) was declared LOST.
Councillor(s) For the Motion: Christou, Garrard and Hughes.
Councillor(s) Against the Motion: Colman, Cummings, Elmore, Farooqui, Hamed, Huang, Hussein, Lake, Rahme, Saha and Zaiter.
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Min.651 |
Open Session |
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Motion (Colman/Hamed) That Council resume the public meeting.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha and Zaiter. Councillor(s) Against the Motion: Nil.
On resumption of the public meeting at 9:58pm, the Mayor, Councillor Lake read out the resolution made in Closed Session.
Note: Councillor Sarkis was not recalled to the meeting following him exiting the Chamber due to a declaration of interest made earlier in the meeting, being for Item C02/24-458 Draft Pendle Hill Town Centre Public Domain Plan - Post Exhibition. |
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Other/General Business
Nil
The Mayor, Councillor Lake closed the meeting at 9:59pm.
