Agenda of Council Meeting - 6 February 2019

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Greg Cummings (Mayor)	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Ross Grove	0418 987 241	Ross.Grove@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Ned Attie	0419 583 254	Ned.Attie@cumberland.nsw.gov.au
Clr George Campbell	0409 233 315	George.Campbell@cumberland.nsw.gov.au
Clr Kun Huang	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore (Deputy Mayor)	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0449 008 888	Tom.Zreika@cumberland.nsw.gov.au
Wentworthville Ward
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

For information on Council services and facilities please visit www.cumberland.nsw.gov.au

Council Meeting

6 February 2019

ORDER OF BUSINESS

1 Opening Prayer / Acknowledgement of Country / National Anthem

2 Notice of Live Streaming of Council meeting

3 Apologies

4 Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

5 Confirmation of Previous Minutes

C02/19-1 Minutes of the Ordinary Meeting of Council - 19 December 2018................................................................................. 5

6 Mayoral Minutes

Nil

7 Public Forum / Invited Speakers

8 Items Resolved by Exception

9 Reports to Council

General Manager

C02/19-2 Legal Register January 2019............................................ 19

Director People & Performance

Nil

Director Finance & Governance

C02/19-3 Investment Report - December 2018................................ 21

C02/19-4 Bi-Annual Report on Councillor Expenses and Facilities..... 43

C02/19-5 Adoption of Fraud and Corruption Control Policy - Post Exhibition........................................................................ 57

C02/19-6 Adoption of Construction Bonds Management Policy - Post Exhibition........................................................................ 69

Director Community Development

C02/19-7 Adoption of Cumberland Library Strategy - Post Exhibition. 77

Director Environment & Planning

Nil

Director Works & Infrastructure

Nil

10 Reports from Committees

Nil

11 Motions pursuant to Notice

Nil

12 Notices of Rescission

Nil

13 Questions on Notice

Nil

14 Presentation of Petitions

Nil

15 Closed Session Reports

C02/19-8 42 Killeen Street, Auburn

Note: Included in Closed Council in accordance with Section 10A(2)(c) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

C02/19-9 Eric Crescent, Lidcombe Lot 3 and Lot 22

Council Meeting

6 February 2019

Item No: C02/19-2

Legal Register January 2019

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: T014916/2018

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council with a summary of legal proceedings in which Council is involved.

Recommendation

That Council receive this report.

Report

This report provides Council with a summary of legal proceedings in which Council is involved.

It does not include the following types of legal proceedings:

1. Proceedings that are managed by Council’s insurers;

2. Local Court proceedings involving an appeal against a parking fine; and

3. Proceedings for the recovery of debts where those proceedings are being run by council’s external debt collection agency.

The report is current to 31 December 2018. It does not capture changes that have occurred between that date and the date the report is considered by Council.

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

This is an information report with the Legal Register provided as a confidential attachment.

Attachments

1. Legal Report (confidential)

Council Meeting

6 February 2019

Item No: C02/19-3

Investment Report - December 2018

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: A-05-01/05

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This is a report from the Director Finance and Governance providing an update on the performance of Council’s investment portfolio to 31 December 2018.

Recommendation:

That Council receive the December 2018 Investment Report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 31 December 2018, and an update of the investment environment.

Council Investments as at 31 December 2018

Council’s investment portfolio has a current market value of $145,189,166. This represents a premium of $1,097,940 above the face value of the portfolio being $144,091,226 and generates a 2.83% average purchase yield. The following table reflects Council’s holding in various investment categories.

Investment Portfolio Performance

The investment returns for the month year-to-date of 31 December, 2018 outperformed the current month benchmark and exceeded the year to date benchmark.

Performance – Current Month 31 December, 2018

For the month of October, Council‘s portfolio generated interest earnings of $357,123. This is $1,026 higher than the budget of $356,097 and outperformed the AusBond Bank Bill Index by 0.72%, as detailed below:-

Performance – Year-to-date 31 December, 2018

For the year-to-date, Council‘s portfolio generated interest earnings of $2,108,350 This is $28,233 lower than the budget of $2,136,583 and outperformed the AusBond Bank Bill Index by 0.70%, as per below:-

Community Engagement

There are no consultation processes for Council associated with this report.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

To manage risk, key criteria are incorporated into Cumberland Council’s investment making decisions, as detailed below:-

Preservation of Capital

The requirement for preventing losses in an investment portfolio’s total value (considering the time value of money).

Diversification

Setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk.

Credit risk

The risk that an investment of Council fails to pay the interest and/or repay the principal of an investment.

Maturity risk

The longer the term of the investment, the greater the exposure to potential changes in interest rates, market volatility and credit quality of an issuer.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

Council hereby certifies that the investments listed above have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.

Attachments

1. Investment Summary Report December 2018 ⇩

2. Economic and Investment Portfolio Commentary December 2018 ⇩

Council Meeting

6 February 2019

Item No: C02/19-4

Bi-Annual Report on Councillor Expenses and Facilities

Responsible Division: Finance & Governance

Officer: Group Manager Corporate & Customer

File Number: HC-06-02-2/03

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on Councillor Expenses and Facilities Expenditure for the period of 1 July 2018 to 31 December 2018, in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

Recommendation

That Council:

1. Receive and note the information contained in this report; and

2. Place a copy of the Councillor Expenses and Facilities Expenditure included under Attachment 1 of this report on Council’s website in accordance with clause 15.2 of the Councillor Expenses and Facilities Policy.

Report

Section 428 of the Local Government Act 1993 and Clause 217 of the Local Government (General) Regulation 2005 requires Council to report on the provision of expenses and facilities to Councillors in its annual report.

In addition to this, clause 15.2 of Council’s adopted Councillor Expenses and Facilities Policy states:

“Detailed reports on the provision of expenses and facilities to Councillors will be publicly tabled at a Council meeting every six months and published in full on Council’s website. These reports will include expenditure summarised by individual Councillor and as a total for all Councillors.”

Attachment 1 of this report outlines the provision of expenses and facilities to individual Councillors, as well as the total expenses and facilities provided to all Councillors for the period of 1 July 2018 to 31 December 2018 in accordance with the Councillor Expenses and Facilities Policy.

Community Engagement

A copy of Attachment 1 of this report will be placed on Council’s website in accordance with clause 15.2 of the Councillor Expenses and Facilities Policy.

Policy Implications

The adoption of the recommendations contained within this report ensure Council is compliant with the adopted Councillor Expenses and Facilities Policy.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

All expenses and facilities detailed in Attachment 1 were budgeted in the 2018/19 budget.

CONCLUSION

The report on Councillor Expenses and Facilities Expenditure for the period of 1 July 2018 to 31 December 2018 has been finalised and is tabled for Council’s information in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

Attachments

1. Councillor Expenses and Facilities Expenditure ⇩

Council Meeting

6 February 2019

Item No: C02/19-5

Adoption of Fraud and Corruption Control Policy - Post Exhibition

Responsible Division: Finance & Governance

Officer: Group Manager, Corporate and Customer

File Number: HC-06-06-2/04

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends the adoption of the Draft Fraud and Corruption Control Policy following a period of public exhibition.

Recommendation

That Council adopt the Fraud and Corruption Control Policy as outlined in Attachment 1 of this report.

Report

Council’s Audit, Risk and Improvement Committee (ARIC) provides oversight of Council’s fraud and corruption prevention framework and activities, along with the Internal Ombudsman Shared Service. On the advice of the ARIC, Council has completed the NSW Audit Office Fraud Control Improvement Toolkit, a guide in measuring Council’s fraud and corruption control preparedness.

One of the key actions resulting from the completion of the toolkit was that Council should review its existing Fraud and Corruption Prevention Policy to align with the 10 key attributes of the toolkit.

At the 21 November, 2018 Ordinary Council meeting, Council resolved to place the revised Draft Fraud and Corruption Control Policy on public exhibition for community feedback (Min. 348).

Council did not receive any submissions during the 38 day exhibition period, extended in recognition of the Christmas/holiday period.

It is now recommended that the Fraud and Corruption Control Policy (outlined in Attachment 1 of this report) be adopted by Council.

Community Engagement

In recognition of the Christmas/holiday period, Council publicly exhibited the Fraud and Corruption Control Policy, for an extended period of 38 days from 10 December, 2018 to 16 January, 2019, both on Council’s website and in local newspaper publications.

Council had 18 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 3 people downloading the policy provided.

No submissions were received during the public exhibition period.

Policy Implications

The adoption of this Policy will rescind the previously adopted Fraud and Corruption Prevention Policy.

Risk Implications

The Draft Fraud and Corruption Control Policy has been revised to align with the NSW Audit Office Fraud Control Improvement Toolkit and include clear lines of responsibility and accountability for all Council staff and officials. Driving a fraud and corruption free staff culture within the organisation increases the likelihood of prudent and ethical decision making, a positive reputation for Council, and staff who are engaged with the leadership and direction of the organisation.

Financial Implications

There are no financial implications for Council associated with this report.

CONCLUSION

Council has publicly exhibited the Fraud and Corruption Control Policy, and did not receive any submissions during the public exhibition period. The Policy is now recommended for adoption by Council.

Attachments

1. Fraud and Corruption Control Policy ⇩

Council Meeting

6 February 2019

Item No: C02/19-6

Adoption of Construction Bonds Management Policy - Post Exhibition

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-12-01

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends the adoption of the Draft Construction Bonds Management Policy following a period of public exhibition.

Recommendation

That Council adopt the Construction Bonds Management Policy as outlined in Attachment 1 of this report.

Report

At the 5 December, 2018, Ordinary Council meeting, Council resolved to place the Draft Construction Bonds Management Policy on public exhibition for community feedback (Min. 370).

Subsequently, Council received one submission during the exhibition period, which was extended to a total of 38 days due to the holiday period. A summary of all submissions received and Council’s response is outlined in the following table.

Comments / Suggestions	Council response	Changes to document
Two of the three comments that were made were not in relation to the Policy itself	Council has responded to these comments	No impact
Notifications were not included in Parramatta Advertiser or Auburn Review	Council publicly exhibited the Draft Bonds Management Policy for an extended period from 19/12/18 to 25/01/19 on Council’s Have Your Say website	No impact

In accordance with the above, Council has now addressed all public feedback and recommends the Construction Bonds Management Policy be adopted by Council as outlined in Attachment 1 of this report.

Community Engagement

Council publicly exhibited the Construction Bonds Management Policy for a period of 38 days from 19 December, 2018, to 25 January, 2019, on Council’s website.

Council had 19 visits to the ‘Have Your Say’ community engagement website during the public exhibition period, with 4 people downloading the policy provided.

A submissions was received from 1 respondent. Council has formally responded to the respondent who made a submission and notified them of the consideration of this item at this Council meeting.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

There are no risk implications for Council associated with this report.

Financial Implications

The adoption of this policy will allow Council to more appropriately manage a large balance sheet liability.

CONCLUSION

Council has publicly exhibited the Construction Bonds Management Policy, and formally responded to all who made a submission. The Policy is now recommended for adoption.

Attachments

1. Construction Bonds Management Policy ⇩

Council Meeting

6 February 2019

Item No: C02/19-7

Adoption of Cumberland Library Strategy - Post Exhibition

Responsible Division: Community Development

Officer: Director Community Development

File Number: HC-16-01-3/03

Community Strategic Plan Goal: A great place to live

Summary

This report recommends the adoption of the revised Draft Cumberland Library Strategy 2018 - 2021 following a period of public exhibition.

Recommendation

That Council adopt the Draft Cumberland Library Strategy 2018 - 2021 included under Attachment 1 of this report.

Report

At the Ordinary Meeting of Council held on 7 November 2018, Council resolved to place the Draft Cumberland Library Strategy 2018 - 2021 on public exhibition for a period of 28 days for public comment, with a report to be returned to Council following the public exhibition period (Min. 331).

Council received one submission during the 28 day public exhibition period. A summary of the submission received and Council’s response is summarised in the following table.

Comments / Suggestions	Council Response	Changes to Strategy
Request for information on the cost of formulating the Strategy.	Information on the cost and scope of the consultant engaged along with other costs was provided.	Nil
Request for information on the library customer satisfaction survey.	Information on the scope and process for the survey was provided.	Changes were made to the Strategy document to ensure consistency of the number of usable surveys received.
Suggestions for library and Council demographics to be included in the Strategy.	An explanation, attachments and links for all sources of information used in the Library Strategy were provided.	Nil
Comment regarding areas of the survey responses that were not addressed in detail in the Strategy actions list.	An explanation of the areas of feedback that were passed on to other areas of Council was provided, including how some feedback will inform various other strategies and plans.	Nil
Comment and concern regarding a previous increase in library photocopying and printing fees.	Information provided about library fees and charges, including annual public exhibition process for all Council fees and charges.	Nil
Comment regarding Council exhibition documents not always being available in Council libraries.	Commitment provided to ensure that this is monitored.	Nil
Comment on the ability of Council to ensure that collections are appropriate to local communities.	Explanation provided on the local arrangements, stakeholders and library staff skills and knowledge to ensure this can be achieved.	Nil
Comment on appropriateness of the action to implement consistent opening hours across Council libraries.	Explanation provided that this point refers to the morning opening hours rather than the whole span of hours.	Language in the document changed for clarity on this point.
Comment and concern around recent upgrades and the impact on library staff and wages.	Explanation provided on the aims and efficiencies of the modernisation and how this benefits library staff and customers.	Nil
Comment on the scope of the proposed monitoring and evaluation of the Strategy.	Further information provided on various Council mechanisms for monitoring and evaluation.	Additional information placed in this section of the Strategy for clarity.
Comment and questions regarding the Library Advisory Committee.	Further information including the Terms of Reference for the Library Committee was provided.	Nil

In accordance with the above, Council has now addressed all public feedback and recommends the Draft Cumberland Library Strategy 2018 – 2021 (as included under Attachment 1 of this report) be adopted by Council.

Community Engagement

Council publicly exhibited the Draft Cumberland Library Strategy 2018 – 2021 for a period of 28 days from 12 November 2018 to 14 December 2018. The public exhibition notice was advertised in local newspapers and the Draft Strategy was also made available in Council Libraries, Customer Service Centres and on the Council’s website.

Council received 46 visits to the ‘Have Your Say’ community engagement page during the public exhibition period, with 15 people downloading the Draft Strategy.

The minor changes implemented following the public exhibition period and the revised Draft Strategy have also been circulated to the Library Committee.

Policy Implications

There are no policy implications for Council associated with this report.

Risk Implications

A well developed and implemented Library Strategy will ensure a high quality service is delivered in a consistent manner across all eight library locations and facilitate improved Library services for members of the community. This will lead to improved satisfaction and reputational outcomes for Council.

FINANCIAL IMPLICATIONS

The majority of key projects outlined in the Library Strategy will be delivered utilising existing resources and funding.

Existing budget allocation has been provided to deliver on the majority of Year 1 key projects in the 2018/19 approved budget. This includes the priority for extending the opening hours of Wentworthville Library, which commenced on Monday 7 January 2019. Some projects in Years 2 and 3 may require additional funding. Where this is necessary, funding will be subject to approved business cases within the budget planning process or obtaining external grants.

CONCLUSION

Council has publicly exhibited the Draft Cumberland Library Strategy 2018 - 2021, and formally responded to the one submission received. The Draft Cumberland Library Strategy 2018 - 2021 is now recommended for adoption.

Attachments

1. Draft Cumberland Library Strategy 2018 - 2021 ⇩

Council Meeting

6 February 2019