Council Meeting

 7 September 2022

Minutes of the Council Meeting 7 September 2022

Present:

Lisa Lake (Mayor)

Councillor

Kun Huang (Deputy Mayor)

Councillor (via Audio-Visual Link)

Steve Christou

Councillor

Diane Colman

Councillor

Greg Cummings

Councillor

Glenn Elmore

Councillor

Sabrin Farooqui

Councillor

Paul Garrard

Councillor

Ola Hamed

Councillor

Helen Hughes

Councillor

Mohamad Hussein

Councillor (arrived 6:45pm)

Joseph Rahme

Councillor (via Audio-Visual Link - Joined at 8:23pm)

Suman Saha

Councillor

Eddy Sarkis

Councillor (via Audio-Visual Link - Joined at 8:47pm)

Michael Zaiter

Councillor

Peter Fitzgerald

General Manager

Melissa Attia

Director Community & Organisation Development/Deputy GM

Daniel Cavallo

Director Environment & Planning

Brendan Govers

Director City Services

Tony Chahine

Acting Director Finance and Commercial Services

 

Also Present:

Charlie Ayoub

Executive Manager General Manager’s Unit

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 Father Peter Blayney from St Patricks Catholic Church, Guildford.

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

Note: Attendance via Audio/Visual Link for this meeting was previously resolved for Councillor Sarkis at the Ordinary Council Meeting held on 3 August 2022. 

Motion (Cummings/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 as he is travelling for work.

 

The Motion on being Put was declared CARRIED Unanimously.

Councillor(s) For the Motion:                  Christou, Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Lake, Saha 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.201

C09/22-132 Minutes of the Ordinary Meeting of Council - 24 August 2022

Motion (Cummings/Saha) 

That Council confirm the minutes of the Ordinary Meeting of Council held on 24 August 2022.

 

The Motion on being Put was declared CARRIED.

 

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

 

Councillor(s) Against the Motion:           Nil.  

Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

There were no declarations of interest.

Min.202

MM09/22-14 Mayoral Minute – NSW Firefighter Championship

Motion (Lake)

That Council:

1.    Congratulate the Merrylands Fire and Rescue Station on hosting the annual NSW Firefighter Championship event.

2.    Congratulate all participants in the event including the winner, Wyong Fire and Rescue Station.

3.    Thank all Fire and Rescue NSW employees and volunteers for their dedication and significant contributions to the community.

Note: Mr Warren Jones from the NSW Merrylands Fire and Rescue Station presented the Mayor, Councillor Lake with a commemorative placard from the event to thank Council for its support.

 

The Motion on being Put was declared CARRIED Unanimously.

 

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

Councillor(s) Against the Motion:           Nil.  

 

Public Forum:

Speakers on Items on the Council Meeting Agenda

Speaker

Item #

Suburb

Jessica Dahal

C09/22-140 Notice of Motion- Motion for Local Government NSW Annual Conference 2022 - Support for People Seeking Asylum

Merrylands

Leonie Dyer

C09/22-140 Notice of Motion- Motion for Local Government NSW Annual Conference 2022 - Support for People Seeking Asylum

Holroyd

Elizabeth Murray

C09/22-140 Notice of Motion- Motion for Local Government NSW Annual Conference 2022 - Support for People Seeking Asylum

Merrylands

Dr Astrid Perry-Indermaur

C09/22-140 Notice of Motion- Motion for Local Government NSW Annual Conference 2022 - Support for People Seeking Asylum

Ashfield

 

The Mayor, Councillor Lake noted that a letter addressed to Councillor Farooqui from the Jesuit Refugee Services has been tabled and taken as read for the public record.

 

Councillor Huang left the Meeting at 6:42pm during Public Forum.

 

Councillor Hussein entered the Meeting at 6:45pm during Public Forum.

 

 

 

Min.203

Alteration of Order of Business

 

Motion  (Cummings/Saha)

That in accordance with Clause 8.2 of the Code of Meeting Practice, Council alter the order of business to allow Item C09/22-140 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, Hughes, Hussein, Lake, Saha and Zaiter.

Councillor(s) Against the Motion:            Nil.  

 

Min.204

C09/22-140 Notice of Motion - Motion for Local Government NSW Annual Conference 2022 - Support for People Seeking Asylum

Motion (Farooqui/Hussein)

That Council submit the following Motion for consideration at the LGNSW Conference 2022:

 

MOTION

 

That Local Government NSW advocate to the NSW Government to increase support to:

·    people in NSW who are seeking asylum, and

·    those charities and not for profit organisations that assist people in NSW who are seeking asylum.

 

Such increased support would serve to alleviate the cost-shifting to local councils that is presently occurring in this area of need.

 

The Motion on being Put was declared CARRIED Unanimously.

 

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

 

Councillor(s) Against the Motion:            Nil.  

 

Councillor Garrard left the Meeting at 7:04pm and returned to the Meeting at 7:06pm during the consideration of this item.

 

 

 

 

 

 

Min.205

1B1BItems Resolved by Exception

Motion (Saha/Cummings)

That Council adopt items C09/22-135, C09/22-136, C09/22-137 and C09/22-141 on the Council Agenda as per the recommendations in the reports.

 

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, Saha and Zaiter.

 

Councillor(s) Against the Motion:            Nil.  

 

Councillor Huang returned to the Meeting at 7:18pm during the consideration of this item.

 

 

C09/22-135 Review of Delegated Functions of Council - Post Election Review

Resolved by Exception

That Council:

1.  Note the report detailing the review of Council’s delegations to other persons or bodies post-election.

2.  Adopt the attached Terms of Reference for the Wentworthville Community Garden Section 355 Committee.

3.  Appoint the following members to the Committee: Mangat Bansal, Frank Cauchi, Maureen Duffy (Treasurer), Ted Duffy (Vice Chairman), Paul Hardman (Chairman), Kevin Horne, Brad Main, Robyn Main (Secretary), Ingrid Postema.

 

 

C09/22-136 Proposed Land Dedication, Closure & Sale of Commercial Lane (off Baker Street, Merrylands)

Resolved by Exception

That Council:

1.     Serve 28 days’ Notice of Intention to dedicate Commercial Lane as a public road.

2.     Following Public Notice, proceed with the dedication of Commercial Lane, Merrylands as a public road under S.16 & 17 of the Roads Act 1993.

3.     Upon dedication, proceed with the required process to close the road in accordance with Part 4 Division 3 of the Roads Act 1993, subject to the concurrence of Council’s Traffic Committee.

4.     Endorse the public sale of Commercial Lane Merrylands, once dedicated and closed, in accordance with an independent valuation and legal advice.

 

 

 

C09/22-137 Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 15 August 2022

Resolved by Exception

That Council receive the Draft Minutes of the Audit, Risk and Improvement Committee meeting held on 15 August 2022.   

 

 

C09/22-141 Notice of Motion - Motions for Local Government NSW Annual Conference 2022 - Multiple

Resolved by Exception

That Council submit the following Motions for consideration for the LGNSW Conference 2022:

COORDINATED ACTION TO ADDRESS YOUTH MENTAL HEALTH CRISIS

That Local Government NSW:

1.  Notes that:

a)  There is a national and local crisis in youth mental health;

b)  urgent coordinated action across all levels of government is required to address this crisis 

2.  Calls on the NSW government to:

a)  urgently increase youth-specific mental health services;

b)  coordinate with local government on the provision of mental health support services and programs.

LOCAL YOUTH EMPLOYMENT INITIATIVE

That Local Government NSW:

1.  Acknowledges the NSW Government’s Smart, Skilled and Hired program that focuses on vocational training for our state’s young people;

2.  Notes that initiatives under this program are designed to lead to employment;

3.  Further notes that, despite this, jobs for recent graduates remain scarce in NSW;

4.  Calls on the NSW government to:

a)  Create a Local Youth Jobs Program at the local government level

b)  Establish a Youth Employment Facilitator in each local government area

c)  Provide a Local Youth Employment Recovery Fund for each local government area  

d)  Provide incentives for local employers to deliver well paid, meaningful, secure work for local youth

 

DOMESTIC AND FAMILY VIOLENCE PREVENTION OFFICER

That Local Government NSW:

1.  Commends the NSW Minister for Women’s commitment to boosting domestic and family violence support services;

2.  Calls on the NSW government to provide funding for a dedicated domestic and family violence prevention officer in all LGAs.

INCREASE AND EXTEND FIXING LOCAL ROADS PROGRAM

That Local Government NSW:

1.  Notes the devastating impact of recent floods and storms on the council road network;

2.  Acknowledges the $500 million Fixing Local Roads Program to fix rural roads;

3.  Calls on the NSW government to:

a)  increase funding for this program to meet current pressing needs;

b)  extend this program to metropolitan councils.

 

Min.206

C09/22-133 Adoption of Cumberland City Youth Strategy 2022 - 2026 - Post Exhibition

Motion (Hussein/Huang)

That Council adopt the Cumberland City Youth Strategy 2022 - 2026 as outlined in Attachment 1 of this 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, Saha and Zaiter.

 

Councillor(s) Against the Motion:            Nil.  

 

Min.207

C09/22-134 Response to Notice of Motion on the Feasibility of Resource Packs

Motion (Farooqui/Colman)

That Council:

1.     Continue to provide information and referral on a range of community services via its current channels; and

 

2.      a)    Compile a series of one page information sheets that provide links to additional information in relation to the following topics:

 

·   Child safety

·   Disability support

·   Women’s safety

·   Senior’s support

·   Youth services

·   Volunteering opportunities

·   Where to learn English

·   Men’s health and wellbeing

 

b)   Provide the above as part of a resource pack for dissemination to the community in English and the top 5 Cumberland community languages of Arabic, Simplified Chinese, Nepali, Tamil and Turkish.

 

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, Saha and Zaiter.

 

Councillor(s) Against the Motion:            Nil.  

 

Min.208

C09/22-138 Traffic Committee - Minutes of Meeting Held on 3 August 2022

Motion (Hughes/Garrard)

That the words ‘which is higher than the speed limit of the street’ be omitted from report CTC-22-143 on page 337 of the business paper.

 

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:            Nil.    

 

Min.209

 

Motion (Cummings/Elmore)

That Council:

1.  Receive and note the minutes of Cumberland Local Traffic Committee of 3 August 2022, as provided in Attachment 1.

2.  Note the decisions made for items under delegation in accordance with Part 1 of the Terms of Reference for the Cumberland Local Traffic Committee, as provided in Attachment 2.

3.  Endorse the recommendations for items in accordance with Part 2 of the Terms of Reference for the Cumberland Local Traffic Committee, as provided in Attachment 3.

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:            Nil.  

 

Min.210

C09/22-139 Notice of Motion - Coleman Park Lidcombe Masterplan

Motion (Farooqui/Huang)

That Council receive a report outlining the following:

1.     Further information on the development of a masterplan for the current and future uses of Coleman Park;

2.     Overview of the process to engage the local community for the development of the proposed masterplan; and

3.     Identify current and future funding sources for the implementation of the proposed masterplan.

4.     Details regarding the proposed overpass from the Botanica Estate.

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, Saha and Zaiter.

 

Councillor(s) Against the Motion:            Nil.  

 

Councillor Christou left the Meeting at 7:34pm and returned to the Meeting at 7:35pm during the consideration of this item.

 

Min.211

C09/22-142 Notice of Motion - Move 'Racism Not Welcome' Signage Near Lidcombe Remembrance Park

Motion (Hughes/Garrard)

That Council take action to move the ‘Racism Not Welcome’ signage which is presently sited in close proximity to the cenotaph within the Lidcombe Remembrance Park.

The Motion on being Put was declared LOST.

 

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

 

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

Councillor Zaiter left the Meeting at 7:57pm and returned to the Meeting at 8:03pm during the consideration of this item.

Councillor Hussein left the Meeting at 7:59pm and returned to the Meeting at 8:00pm during the consideration of this item.

 

Min.212

C09/22-143 Notice of Motion - Update of Lytton Street Park, Wentworthville Masterplan

Motion (Saha/Hamed)

That Council:

1.     Include Irwin Place Park, Wentworthville in the Lytton Street Park, Wentworthville Masterplan;

2.     Engage the local community in the development of this proposed masterplan;

3.     Include the minimal cost for the inclusion of Irwin Place Park in the Lytton Street Park Masterplan in the budget for the Lytton Street Park Masterplan; and

4.     Fund the implementation of Masterplan actions for Irwin Place Park from Council’s Capital Works budget following Council adoption of the Masterplan.

The Motion on being Put was declared CARRIED Unanimously.

 

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

 

Councillor(s) Against the Motion:            Nil.  

Councillor Christou left the Meeting at 8:09pm during the consideration of this item.

 

Min.213

Closed Session Reports

At this stage of the meeting being 8:09pm, the Mayor advised that in accordance with section 10A of the Local Government Act 1993, the meeting would now move into Closed Session to continue to consider C09/22-144 as the item contains the following:

 

(2)(i) the information involves alleged contraventions of any code of conduct requirements applicable under section 440.

 

 

 

Motion (Elmore/Saha) 

That in accordance with S.10A(2)(i) of the Local Government Act 1993, Council enter into Closed Session to consider item C09/22-144 as it involves alleged contraventions of any code of conduct requirements under s.440 of that Act.

 

The Motion on being Put was declared CARRIED.

 

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

 

Councillor(s) Against the Motion:            Nil.  

 

Councillor Hamed left the Meeting at 8:09pm during the consideration of this Motion.

 

Min.214        Requests for Attendance by Audio-Visual Link

Motion (Cummings/Zaiter)

That in accordance with Clause 5.24 of the Code of Meeting Practice, Council approve the attendance of Councillor Rahme at this meeting via Audio/Visual Link as he is interstate. 

 

The Motion on being Put was declared CARRIED.

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

 

Councillor(s) Against the Motion:            Nil.  

 

Councillor Rahme joined the meeting at 8:23pm during this item.

 

Min.215

C09/22-144 Outcome of Code of Conduct Investigation

Motion (Elmore/Saha)

That Council:

1.    Receives the investigator’s report, and:

 

2.    In accordance with clause 7.58 (c) of the Procedures for the Administration of the Model Code of Conduct, Councillor Steve Christou be formally censured under section 440G of the Local Government Act 1993 (NSW) for breaching sections 3.1 (a), (b), (c), (d), (f), 8.13, 8.16 and 8.17 of the Code of Conduct as determined by the investigator in the report dated 12 August 2022 and that the matter be referred to the Office of Local Government for further action under the Misconduct Provisions of the Local Government Act 1993. 

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

 

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

 

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

 

Councillor Sarkis joined the Meeting at 8:47pm during the consideration of this item.

 

Councillor Huang left the Meeting at 8:10pm prior to the consideration of this item and did not return.

 

Councillor Christou returned to the Meeting at 8:12pm and left at 8:22pm, prior to the determination of this item.

 

Min.216

Open Session

Motion (Cummings/Elmore)  

That Council resume the public meeting.

 

The Motion on being Put was declared CARRIED.

 

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

Councillor(s) Against the Motion:           Nil.  

Councillors Christou and Hamed returned to the Meeting at 9:29pm following the consideration of this Motion.

 

On resumption of the public meeting at 9:29pm, the Mayor, Councillor Lake read out the resolutions made in Closed Session.

 

 

The Mayor, Councillor Lake closed the meeting at 9:32pm.