Council Meeting
16 August 2023
Councillors
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Lisa Lake (Mayor) |
Councillor |
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Suman Saha (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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Ola Hamed |
Councillor |
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Kun Huang |
Councillor |
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Helen Hughes |
Councillor |
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Mohamad Hussein |
Councillor |
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Joseph Rahme |
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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Lyndall Thompson |
Acting Coordinator Governance |
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Bianca Mourched |
Governance Officer |
The Mayor, Councillor Lake declared the meeting open at 6:30pm.
Councillor Rahme left the Chamber at 6:30pm before the Opening Prayer.
Opening Prayer
The opening prayer was read by Mr Yousef Al-Zoubi from the Auburn Islamic Community Centre.
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.
Councillor Rahme returned to the Chamber at 6:34pm after the National Anthem.
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Min. 501 |
Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio-Visual Link |
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Motion (Saha/Hussein) That Council approve the apology tendered by Councillor Sarkis for this Council meeting, due to the illness of a family member.
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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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
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Min. 502 |
C08/23-364 Minutes of the Ordinary Meeting of Council - 02 August 2023 |
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Motion (Elmore/Saha) That Council confirm the minutes of the Ordinary Meeting of Council held on 02 August 2023. Amendment (Christou/Garrard) Add the following to the Motion:
“but also include a description of the circumstances which led to the adjournment of the meeting under clause 15.13 of the Code of Meeting Practice (p.12)”.
The Amendment on being Put was declared LOST.
Councillor(s) For the Amendment: Christou, Cummings, Garrard, Hughes, Rahme and Zaiter.
Councillor(s) Against the Amendment: Colman, Elmore, Farooqui, Hamed, Huang, Hussein, Lake and Saha.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Colman, Cummings, Elmore, Farooqui, Garrard, Hamed, Huang, Hughes, Hussein, Lake, Rahme, Saha and Zaiter.
Councillor(s) Against the Motion: Christou.
During the consideration of this item, Councillor Rahme raised a Point of Order, citing an alleged breach of Clause 15.11 (e) of the Code of Meeting Practice alleging Councillor Colman’s speech made false inferences towards himself and other Councillors. The Mayor, Councillor Lake did not uphold the Point of Order.
During the consideration of this item, Councillor Rahme raised a Point of Order, citing an alleged breach of Clause 15.11 (d) of the Code of Meeting Practice alleging Councillor Colman directed an unfavourable generalised remark toward him by pointing in his direction. The Mayor, Councillor Lake did not uphold the Point of Order, and clarified that Councillor Colman was making a general statement and requested that Councillor Rahme resume his seat.
During the consideration of this item, Councillor Colman raised a Point of Order, citing an alleged breach of Clause 15.11 (d) of the Code of Meeting Practice alleging Councillor Rahme made an unfavourable remark and requested he retract his comment and apologise. The Mayor, Councillor Lake upheld the Point of Order, requesting that Councillor Rahme retract his comment and apologise. Councillor Rahme retracted his comment and apologised.
During the consideration of this item, Councillor Christou raised a Point of Order, citing an alleged breach of Clause 15.11 (e) of the Code of Meeting Practice alleging Councillor Colman was conducting herself in a way to disrupt the Chamber. The Mayor, Councillor Lake did not uphold the Point of Order, requesting Councillor Christou resume his seat.
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Min. 503 |
Motion of Expulsion – Councillor Rahme |
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Motion (Elmore/Hussein) That Councillor Rahme be expelled from the Meeting in accordance with clause 15.15 of the Code of Meeting Practice.
The Motion on being Put was declared LOST.
Councillor(s) For the Motion: Colman, Elmore, Hamed and Hussein.
Councillor(s) Against the Motion: Christou, Cummings, Farooqui, Garrard, Huang, Hughes, Lake, Rahme, Saha and Zaiter.
During the consideration of this item, Councillor Christou raised a Point of Order, citing an alleged breach of Clause 15.11 (e) of the Code of Meeting Practice alleging Councillor Elmore made an unfavourable remark towards him. The Mayor, Councillor Lake upheld the Point of Order, requesting that Councillor Elmore withdraw his comment. Councillor Elmore withdrew his comment. |
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There were no declarations of interest.
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Min. 504 |
MM08/23-34 - Mayoral Minute - 109A Church St Lidcombe Development Application - Response to Community Concerns |
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Motion (Lake) 1. That Council request the General Manager to: a) Undertake a review of Council’s Development Control Plan with respect to the written notification requirements for development applications for designated development, with a view to extending the area for such notification and report back to Council at a future meeting, and b) Take steps to arrange for an external planning consultant to prepare a draft submission to the Sydney Central City Planning Panel that can be considered for adoption and formal submission by the elected body of Council that reflects opposition to the application by the elected body on public interest grounds. 2. That any financial implications associated with the adoption of this Mayoral minute be funded from Council’s legal operational budget.
The Motion on being Put was declared CARRIED Unanimously.
Councillor(s) For the Motion: Christou, Colman, Cummings, Farooqui, Garrard, Huang, Hughes, Hussein, Lake, Rahme, Saha and Zaiter.
Councillor(s) Against the Motion: Nil.
Councillor Hamed left the Chamber at 7:07pm during the consideration of this item. Councillor Elmore left the Chamber at 7:07pm during the consideration of this item. Councillor Zaiter left the Meeting at 7:13pm and returned at 7:14pm during the consideration of this item. |
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Matter of Urgency – Councillor Garrard |
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Motion (Garrard/Christou) That, based on the available information presently stated within the Environmental Impact Statement provided as part of the DA documentation for 109A Church Street, Lidcombe, and other professional information available to Councillors, that each Councillor indicates their support, opposition, or otherwise, to the development proposal presently submitted to Council.
The Mayor ruled that she would accept the Motion under clause 9(2)(a) as it related to a matter that was already before the Council that evening. It was not necessary therefore for her to rule on whether it was a matter of urgency. Further, the Mayor advised that she did not believe the Motion was necessary as the resolution passed by Council from the Mayoral Minute had already indicated Councillors in-principle position of opposition to the application.
The Mayor then advised that if they chose, Councillors could once again voluntarily indicate their in-principle opposition to the application, based on information of which they were currently aware, by raising their hands.
Councillors Christou, Colman, Cummings, Farooqui, Garrard, Huang, Hughes, Hussein, Lake, Rahme, Saha and Zaiter raised their hands to indicate this way. Councillor Hamed returned to the Chamber at 7:36pm and left at 7:36pm during the consideration of this item. Councillor Elmore returned to the Chamber at 7:36pm and left at 7:36pm during the consideration of this item. Councillor Hamed returned to the Chamber at 7:41pm after the consideration of this item. Councillor Elmore returned to the Chamber at 7:41pm after the consideration of this item. |
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Public Forum
Nil
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Min. 505 |
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Motion (Cummings/Saha) That Council adopt items C08/23-365, C08/23-366, C08/23-368 and C08/23-371 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. |
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That the report be received. |
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That Council receive the July 2023 Investment Report. |
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That Council place the Draft Cumberland Local Shops Study on public exhibition for a period of 28 days, with a report to be provided back to Council. |
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C08/23-374 Questions on Notice - Submitted by Councillor Huang |
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The Questions on Notice were answered in the business paper for this Meeting. |
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Min. 511 |
Closed Session Reports |
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At this stage of the meeting being 8:49pm, 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 C08/23-375 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/Huang) That in accordance with S.10A(2)(g) of the Local Government Act 1993, Council enter into Closed Session to continue to consider item C08/23-375 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. |
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Min. 513 |
Open Session |
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Motion (Elmore/Hussein) That Council resume the public meeting.
The Motion on being Put was declared CARRIED.
Councillor(s) For the Motion: Christou, Colman, 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 9:09pm, the Mayor, Councillor Lake read out the resolution made in Closed Session.
Councillor Garrard left the meeting at 9:09pm and did not return.
Councillor Hussein left the meeting at 9:09pm during the consideration of the item. |
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Other/General Business
Councillor Elmore advised that Council has an upcoming free compost giveaway (2x25L bags) where Cumberland residents can register and collect from the following sites:
· Auburn Community Picnic Ground on 9 September 2023
· Guildford Depot Guildford on 23 September 2023
Councillor Hussein returned to the Meeting at 9:10pm during General Business.
The Mayor, Councillor Lake closed the meeting at 9:11pm.
