Council Meeting

 1 February 2023

Minutes of the Council Meeting 01 February 2023

PRESENT

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

Mohamad Hussein

Councillor (arrived 7:13pm)

Joseph Rahme

Councillor (arrived 6:36pm)

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

Acting Director Community & Culture

Charlie Ayoub

Acting Director Governance & Risk

Colin McFadzean

General Counsel

Carol Karaki

Senior Coordinator Governance & Civic Events

Lyndall Thompson

Senior Governance & Civic Events Officer

 

 

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

Opening Prayer

The opening prayer was read by Reverend Brian Rensford from Holroyd New Life Church.

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. 330

Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio Visual Link

Motion (Christou/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 as he is 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, 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. 331

C02/23-226 Minutes of the Ordinary Meeting of Council - 21 December 2022

Motion (Elmore/Cummings)

That Council confirm the Minutes of the Ordinary Meeting of Council held on 21 December 2022.

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

There were no declarations of interest.

 

Request for Adjournment – Councillor Farooqui

Councillor Farooqui requested that the Meeting be adjourned after 8:05pm in accordance with clause 5.8 of the Code of Meeting Practice to allow for a prayer break of 10 minutes. The Mayor, Councillor Lake ruled that she will adjourn the Meeting for a period of 10 minutes after the first item that concludes after 8:05pm.

 

Min. 332

MM02/23-25  Mayoral Minute – Water Safety Initiatives

 

Motion (Lake)

That Council:

 

1.    Implement a water safety community awareness campaign across the local government area in the top 5 languages promoting Council’s water safety initiatives such as our learn to swim programs, the Keep Watch program and other key resources; and

 

2.    Promote this campaign to all schools, early education centres and any other relevant community and youth agencies within the Cumberland local government area.

 

The Motion on being Put was declared CARRIED.

 

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.

 

During debate, Councillor Elmore raised a Point of Order, alleging that Councillor Christou made unfavourable remarks regarding Council officers. The Mayor, Councillor Lake advised she did not hear the alleged remarks, and requested that Councillor Christou proceed with his speech.

 

During debate, Councillor Rahme raised a Point of Order, requesting that Councillor Elmore retract his remarks toward another Councillor. The Mayor, Councillor Lake requested that Councillor Elmore retract his remarks. Councillor Elmore retracted.

 

During debate, Councillor Christou raised a Point of Order, citing an alleged breach of Clause 15.11(d) of the Code of Meeting Practice, alleging that Councillor Elmore misrepresented him. The Mayor, Councillor Lake did not uphold the Point of Order.

 

Councillor Sarkis left the Meeting at 6:54pm during the consideration of this item and did not return.

 

Councillor Hussein entered the Meeting at 7:13pm during the consideration of this item.

 

 

Min. 333

MM02/23-26  Mayoral Minute – Australia Day 2023 Honours List

 

Motion (Lake)

That Council:

1.    Congratulate Mr Watson, Mrs Flint, Superintendent Emerton and Mr Harris for being recognised by the Governor General on the Australia Day Honours list for 2023.

2.    Organise a Mayoral civic reception to host and acknowledge them for their contributions to the Cumberland Council community.

Note: The Mayor, Councillor Lake agreed that 2022 Honours recipients also be invited to the Mayoral reception.

 

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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

Min.334

Items Resolved by Exception

Motion (Hamed/Cummings)

That Council adopt items C02/23-228, C02/23-229 and C02/23-230 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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

 

C02/23-228 Investment Report - December 2022

Resolved by Exception

That Council receive the December 2022 Investment Report. 


 

 

 

C02/23-229 Ordinary Council Meeting Schedule - 2023

Resolved by Exception

That Council adopt the Ordinary Council Meeting Schedule for 2023 as outlined in the report.

 

 

C02/23-230 Local Government Election 2024 – Engagement of the NSW Electoral Commissioner

Resolved by Exception

That Cumberland Council (“the Council”) resolves:

 

1.    Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW)      (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2.    Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3.    Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

 

Min.335

Alteration of Order of Business

 

Motion  (Elmore/Huang)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council alter the order of business to allow Item C02/23-227 to be discussed in closed session at the conclusion of consideration of items on the agenda in the public meeting.

 

The Motion on being Put was declared CARRIED.

 

Min.336

C02/23-231 Proposed Granting of Easement - Development Site at Driftway Drive Pemulwuy

Motion (Cummings/Elmore)

That Council delegate authority to the General Manager to progress the granting of an easement over Lot 201 in Deposited Plan 1121844, in accordance with the independent valuation and offer of compensation attached subject to statutory requirements being met.

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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

 

Min.337

C02/23-232 Response to Notice of Motion - C09/22-139 - Coleman Park Lidcombe Masterplan

Motion (Christou/Farooqui)

That Council receive and note the 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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

Councillor Rahme left the meeting at 7:35pm and returned at 7:38pm during the consideration of this item.

 

Min.338

C02/23-233 Response to Notice of Motion - C11/22-196 - Tree Planting Program in Regents Park Ward

Motion (Hughes/Rahme)

That Council receive and note the report.

The Motion was declared CARRIED Unanimously.

 

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.

 

During debate, Councillor Christou raised a Point of Order, citing an alleged breach of Clause 15.11 (d) of the Code of Meeting Practice, alleging that Councillor Huang made personal remarks about another Councillor. The Mayor, Councillor Lake did not uphold the Point of Order, ruling that she did not consider the comment made to be a personal reflection.

 

Min.339

C02/23-234 Response to Notice of Motion - C10/22-178 - Community Garden - Botanica, Lidcombe

Motion (Huang/Farooqui)

That Council:

1.      Endorses in-principle the proposed location for a community garden at the north-western corner of Central Park in Botanica Estate, Lidcombe; and

2.      Progress further planning work and community engagement prior to a final decision being made on the proposal.

The Motion on being Put was declared CARRIED.

 

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.

 

ADJOURNMENT

8:07pm          The Mayor, Councillor Lake adjourned the meeting for 10 minutes in                       accordance with Clause 5.8 of the Code of Meeting Practice.

8:17pm          The Mayor, Councillor Lake resumed the meeting.

 

Min.340

C02/23-235 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 the recommendations to Council noted in the various Committee Minutes, as summarised in the report; and

3.      Appoint the additional community representatives to the respective Committees, as summarised in the 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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

During debate, Councillor Colman raised a Point of Order, advising that Councillor Christou was repeatedly interrupting Councillor’s during their speech. The Mayor, Councillor Lake requested that all Councillors remain silent when another Councillor is speaking.

 

During debate, Councillor Colman raised a Point of Order, advising that Councillor Rahme was interrupting her speech. The Mayor, Councillor Lake advised Councillor Rahme to remain silent during another Councillor’s speech.

 

Min.341

C02/23-236 Notice of Motion - Open Space Playground Sun Exposure

Motion (Farooqui/Hussein)

In summer it is important to consider the increased risks of sun (UV) and heat exposure on our community, this is particularly relevant in playgrounds that are frequently used by families. There are still a number of playgrounds and open space areas across the Cumberland Area that do not have enough adequate shaded areas which reduce the risk of sun and heat exposure to our residents. 

 

I propose that Council bring a report back outlining the following:

 

1.   Detailed information relating to the number of parks, pools, playgrounds and open spaces that do not have adequate shade where required.

 

2.   Provide further information and a plan to increase the amount of shade and reduce the temperature in our parks and open spaces, particularly over playgrounds.

 

3.   Include any budgetary or financial implications in the report.

 

The Motion on being Put was declared CARRIED.

 

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.

 

Min.342

Closed Session Reports

At this stage of the meeting being 9:08pm, the Mayor advised that in accordance with Section 10A of the Local Government Act 1993, the meeting would now move into Closed Session to consider item C02/23-227 as the item contains the following:

 

10A(2)(g) information involving advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

Motion (Elmore/Cummings) 

That in accordance with S.10A(2)(g) of the Local Government Act 1993, Council enter into Closed Session to continue to consider item C02/23-227 as it relates to advice concerning litigation. 

 

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.

 

Min.343

C02/23-227 Legal Report

Motion (Garrard/Christou)

That the report be received.

 

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 and Zaiter.

 

Councillor(s) Against the Motion: Nil.

 

Min.344

Open Session

Motion (Elmore/Saha)

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 9:12pm, the Mayor, Councillor Lake read out the resolution made in Closed Session.

 

 

 

 

Other/General Business

Councillors were provided an opportunity to raise any matters for noting or response prior to the conclusion of the meeting.

 

The Mayor, Councillor Lake closed the meeting at 9:19pm.