Agenda of Council Meeting - 2 October 2019

Councillor Contact Details

Granville Ward
Clr Steve Christou (Mayor)	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	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis (Deputy Mayor)	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Vacant	-	-
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	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

2 October 2019

Item No: C10/19-232

Annual Disclosure of Pecuniary Interest Returns for Councillors & Designated Persons

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: SC686

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report outlines the tabling of Disclosure of Pecuniary Interest Returns lodged by Councillors and Designated Persons in accordance with Schedule 1 of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

Recommendation

That Council note the tabling of the Annual Disclosure of Interest Returns.

Report

Clause 4.25 of Council’s Code of Conduct requires that Disclosure of Interest Returns lodged by Councillors and Designated Persons are to be tabled by the General Manager at the first available Council meeting following the reporting period.

A ‘designated person’ is described in Clause 4.8 of the Model Code of Conduct as:

“· the general manager

· other senior staff of the council for the purposes of section 332 of the LGA

· a person (other than a member of the senior staff of the council) who is a member of staff of the council or a delegate of the council and who holds a position identified by the council as the position of a designated person because it involves the exercise of functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the person’s duty as a member of staff or delegate and the person’s private interest

· a person (other than a member of the senior staff of the council) who is a member of a committee of the council identified by the council as a committee whose members are designated persons because the functions of the committee involve the exercise of the council’s functions (such as regulatory functions or contractual functions) that, in their exercise, could give rise to a conflict between the member’s duty as a member of the committee and the member’s private interest.”

Accordingly, the returns for the period ended 30 June 2019 are tabled for information. It is noted that all Councillors and Designated Persons lodged their completed return in the prescribed format by the due date.

Council will also notify the Office of Local Government in relation to all returns being received for the period.

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

By finalising these returns, Council is adhering to its compliance requirements under the Code of Conduct as prescribed under the Local Government Act 1993.

Financial Implications

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

CONCLUSION

The Annual Disclosure of Interest Returns are tabled to Council for information.

Attachments

Nil

Council Meeting

2 October 2019

Item No: C10/19-233

Adoption of Cumberland Children and Families Strategy 2019 - 2023 - Post Exhibition

Responsible Division: Community Development

Officer: Director Community Development

File Number: SC696

Community Strategic Plan Goal: A safe accessible community

Summary

This report recommends the adoption of the Draft Cumberland Children and Families Strategy 2019 - 2023 following a period of public exhibition.

Recommendation

That Council adopt the Draft Cumberland Children and Families Strategy 2019 – 2023 as outlined in Attachment 1 of this report.

Report

At the Ordinary Meeting of Council held on 7 August 2019, Council resolved to place the Draft Cumberland Children and Families Strategy 2019 - 2023 on public exhibition for community feedback (Min. 624).

Council received eight formal submissions during the 28 day exhibition period. A summary of all submissions received and Council’s response is outlined in Attachment 2.

Minor amendments have been made to the Draft Strategy based on the public submissions. Key changes include:

· A reference to The First 2000 Days Framework, 2019 within the ‘Development of Strategy: Policy Context’.

· Addition of an action in ‘Priority 3: Community Participation’ to include research into transport barriers and needs’ (3.2c).

· Addition of an action in ‘Priority 4: Health and Wellbeing’ to include support for new parents (4.1e).

· Replacement of some images to be more representative of different age groups and settings.

In accordance with the above, Council has now addressed all public feedback and recommends the Draft Cumberland Children and Families Strategy 2019 – 2023 included in Attachment 1 be adopted by Council.

Community Engagement

Council publicly exhibited the Draft Cumberland Children and Families Strategy 2019 - 2023 for a period of 28 days from 9 August 2019 to 6 September 2019.

During the public exhibition period, the following community engagement activities were undertaken:

· The Draft Strategy and the State of Education and Care in Cumberland Report were made available on Council’s ‘Have Your Say’ website.

· The Draft Strategy was made available at Council libraries, customer service centres and in Council’s education and care services.

· Public notice of the exhibition period of the Draft Strategy was advertised in the Auburn Review and Parramatta Advertiser on 13 and 14 August 2019.

· The Draft Strategy was distributed to:

o Key stakeholders who participated in the community engagement process associated with the development of the Draft Strategy.

o Council advisory committees and groups.

o Key NSW Government agencies including the NSW Department of Communities and Justice (formerly Family and Community Services), Western Sydney Local Area Health District, NSW Department of Customer Service and NSW Department of Education.

o Council’s community networks including the Cumberland Child Protection Interagency, Cumberland Community Network, Cumberland Youth Interagency, and Council’s e-news and social media platforms.

Council received 170 visits to the ‘Have Your Say’ website during the public exhibition period, with 43 downloading the Draft Strategy.

Council has formally replied to the eight respondents who made a submission.

POLICY Implications

The development and implementation of the Cumberland Children and Families Strategy is a key activity identified in Council’s Operational Plan. The implementation of the Strategy aligns with the Cumberland Community Strategic Plan 2017-2027, specifically Outcomes 1.1: “We have positive connections within our local community through our local programs and services that reflect our unique identity”, 2.1 “We feel safe in all areas of Cumberland at all times” and 2.2 “We have equal access to local community facilities and spaces”.

This is the first Children and Families Strategy for Council. Actions in the Strategy align with and support the implementation of the Child Protection Policy adopted by Council in 2018.

Risk Implications

The Children and Families Strategy provides an important framework to ensure Council’s planning and delivery of education and care services is undertaken in a strategic way and based on population needs and growth. It also supports the implementation of Council’s Child Protection Framework.

The Strategy will be supported by an annual implementation plan which identifies the priority actions to be implemented with accompanying responsibilities and timeframes.

Progress against the Strategy will be reported quarterly to Council in accordance with Council’s Corporate Planning and Reporting Framework. The results will also be reported to Council and the community annually as part of the Cumberland Council Annual Report.

A comprehensive review and evaluation of the Strategy will be undertaken at the completion of the four year term in 2023.

FINANCIAL Implications

Funding for the implementation of the Strategy has been factored into the approved Operational Plan 2019/20 budget. Some actions in the Draft Strategy involving capital works projects, such as actions 2.1f and 2.3b, have been factored into the Capital Works Program budget or will be funded in future years under the Local Contributions Plan. Council will also proactively seek external grants to support the delivery of actions outlined in the Strategy.

CONCLUSION

Council has publicly exhibited the Draft Cumberland Children and Families Strategy 2019 - 2023, and formally responded to all who made a submission. The Draft Cumberland Children and Families Strategy 2019 - 2023 is now recommended for adoption.

Attachments

1. Draft Cumberland Children and Families Strategy 2019 - 2023 ⇩

2. Summary of Submissions received during the public exhibition period ⇩

Council Meeting

2/10/2019

Item No: C10/19-222

Approval of Heavy Vehicle Access to Cumberland Council Roads

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-22

Community Strategic Plan Goal: A safe accessible community

Council at its meeting on 18 September 2019 resolved that the matter be deferred to the meeting to be held on 02 October 2019.

Summary

Council has received a request from Linfox Transport Group through the National Heavy Vehicle Regulator, for the approval of heavy vehicle access under Quad Mass Limits (higher mass limits) onto selected Council roads. This request has been considered by Council’s Engineering Section where a twelve (12) month trial could be performed, subject to a range of reports being produced by the applicant to Council’s satisfaction. In discussions with the applicant, it has been confirmed that the proposal is not expected to increase the amount of traffic on identified roads, rather it would be to allow vehicles of a heavier mass to access local industrial areas.

Recommendation

That Council:

1. Permit a trial period of twelve (12) months, for heavy vehicles under Higher Mass Limits (including Quad Axle vehicles) to access Council roads, subject to a satisfactory assessment of pavement conditions and appropriate dilapidation reports being undertaken by the applicant and submitted to Council’s satisfaction. Permissible access to Council’s roads would relate to the following road sections:

a. Amy Street (between Joseph Street and the Railway Overbridge)

b. Rawson Road (between Woodville Road and Clyde Street)

c. Clyde Street (between Rawson Road and Wellington Road)

d. Wellington Road (between Clyde Street and Park Road)

e. Chisholm Road (between Wellington Road and Princess Road East)

f. Princess Road East (between Chisholm Road and Commercial Drive)

2. Permit Higher Mass Limit access across the Amy Street Railway Overbridge during the trial period, subject to a satisfactory bridge assessment being undertaken by the applicant to Council’s satisfaction.

3. Reject access for heavy vehicles under Higher Mass Limits including Quad Axle vehicles on the following road sections:

a. Rawson Street, Auburn (between Highgate Street and South Parade)

b. South Parade (between Rawson Street and Park Road)

c. Park Road (between South Parade and Commercial Drive)

Report

Background

Prior to Council amalgamation, the former Councils had the following approval processes to allow vehicles of this nature onto the road network:

Former Auburn City Council Process

The former Auburn City Council considered a report on “Heavy Vehicle National Law and Approval for Heavy Vehicle Access on to Auburn City Council Roads” at its meeting held on 15 October 2014 and resolved:

“1.That Council delegate authority to the General Manager, after he receives a determination from Council, to approve heavy vehicle access requests from the National Heavy Vehicle Regulator based on individual road sections.

2.That Council review higher mass limit sections over a period of 12 months with respect to accelerated pavement damage due to extra loads and consider whether to revoke consent to the use.”

Following the above resolution, a total of seven (7) reports were presented to subsequent Council meetings held on 17 December 2014, 15 April 2015, 20 May 2015, 15 July 2015, 7 October 2015, 17 February 2016 and 20 April 2016, with names of roads in relation to requests from the National Heavy Vehicle Regulator (NHVR) for heavy vehicle access.

The outcome from these reports is that Council approved access for heavy vehicles under Higher Mass Limits (HML), onto the following selected Council roads:

Auburn:

· Adderley Street West

· Duck Street (from Parramatta Road to cul-de-sac end)

· Junction Street (from Parramatta Road to Short Street)

· Junction Street

· Highgate Street (west of Rawson Street)

· Rawson Street (from Parramatta Road to Highgate Street)

· Short Street (west of Junction Street)

· Skarratt Street South

· Park Road (between Vaughan Street and Helena Street)

· Hall Street (east of St Hillier’s Road)

· Percy Street (north of Boorea Street)

· Stubbs Street

Lidcombe:

· Birnie Avenue

· Hill Road (from Parramatta Road to M4 ramp)

· Nyrang Street

· Vaughan Street (between Olympic Drive and Park Road)

Regents Park:

· Park Road (from Sydney Water Pipelines to Commercial Drive)

Only the approvals listed above, were granted within the current Cumberland LGA.

Former Holroyd City Council Process

The former Holroyd City Council did not approve any local road access under the HML.

Former Parramatta City Council Practice in the Woodville Ward

The former Parramatta City Council did not approve any local road access within the Woodville Ward area under the HML, as there were no requests received prior to the merger process.

Higher Mass Limit (HML) approvals were previously granted on the basis of former Auburn City Council selected roads only.

Cumberland Council has now received new requests from Linfox Transport Group through the National Heavy Vehicle Regulator, for approval of Quad Axle vehicles at “Quad Axle Mass Limits (QML)” to access identified road sections throughout the LGA:

The following table details those routes, subject to the current request:

#	Route details	Comments
1	1. Nyrang Street, Lidcombe 2. From Joseph Street (State Road) – Amy Street – Railway Overbridge – Park Road – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. Access across the Amy Street railway overbridge will require a bridge assessment. All other streets will require pavement assessment.
2	1. Nyrang Street, Lidcombe 2. From Woodville Road (State Road) – Rawson Road, Guildford – Clyde Street – Wellington Road – Chisholm Road – Princess Road East – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. All other streets will require pavement assessment.
3	1. Commercial Drive (private road) – Park Road – South Parade – Rawson Street – Parramatta Road (State Road)	Right Turn from South Parade to the bridge is not permitted. Alternate route to be provided for assessment.
4	1. Nyrang Street, Lidcombe 2. From Woodville Road (State Road) – Rawson Road, Guildford – Clyde Street – Wellington Road – Park Road – Commercial Drive (private road)	1. Nyrang Street is currently approved for HML access. 2. All other streets will require pavement assessment.
5	1. Percy Street – Hall Street east of St Hilliers Road – St Hilliers Road (State Road) 2. From Joseph Street (State Road) – Amy Street – Railway Overbridge – Park Road – Commercial Drive (private road)	1. Percy Street & Hall Street east of St Hilliers Road are currently approved for HML access. 2. Access across the Amy Street railway overbridge will require a bridge assessment. All other streets will require pavement assessment.

The following maps indicate existing heavy vehicle roads and the new road sections requested for access, within the Cumberland Local Government Area. For clarity, the new road sections proposed are:

1. Rawson Street, Auburn (between Parramatta Road and South Parade)

2. South Parade (between Rawson Street and Park Road)

3. Park Road (between South Parade and Amy Street Bridge - Railway Overbridge)

4. Amy Street (between Joseph Street and the Railway Overbridge)

5. Amy Street Railway Overbridge

6. Rawson Road (between Woodville Road and Clyde Street)

7. Clyde Street (between Rawson Road and Wellington Road)

8. Wellington Road (between Clyde Street and Park Road)

9. Chisholm Road (between Wellington Road and Princess Road East)

10. Princess Road East (between Chisholm Road and Commercial Drive)

Information on Quad Axle Semitrailers

Mass Limits for Semi-Trailers

A common 6-axle 19 metre semitrailer can carry up to 42.5t under General Mass Limits and 45.5t under HML conditions. A Quad Axle vehicle designed under the “Performance Based Standards” (PBS), have 7 axles and can carry up to 43.0t under GML and 50.5t under HML. The operational characteristics of a PBS designed semitrailer are better than a common semitrailer.

The access applications currently before Council for consideration, request approval for access at ‘Higher Mass Limits’ of 50.5 t.

A standard 6-axle semitrailer vehicle is shown below:

A typical Quad Axle semitrailer vehicle is shown below:

SnipImage

Assessment Requirements

Requests for HML applications have previously been assessed by Council’s Engineering Section, taking into consideration the respective road pavement conditions. In this regard, should Council consider the current requests favourably then all new roads identified that would require approval to carry the higher mass, will need pavement assessments to be carried out. In addition, the existing bridge in Amy Street over the railway corridor, will need to be assessed to determine its capability to carry the extra load.

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

Council’s Engineering section have considered a current request in relation to allowing HML access to additional local roads and suggest that a 12 month trial be granted on the basis of satisfactory dilapidation reports being presented to Council, relating to existing pavement conditions and demonstrating the suitability of the roads to carry the level of loads expected. A future comparison of the pavement conditions (at the conclusion of the 12 month trial) could then be assessed, prior to consideration of continued use by the Quad Axle vehicles.

Attachments

Nil

Council Meeting

2 October 2019

Item No: C10/19-234

Proposed Closure of Benaud Street Laneway, Greystanes - Consultation Report

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: GS-069-TP

Community Strategic Plan Goal: A safe accessible community

Summary

This report details the results of the consultation process undertaken in relation to the proposed closure of the Benaud Street Laneway.

Recommendation

That Council:

1. Not support the closure of the pedestrian laneway at the eastern end of Benaud Street, Greystanes that connects through to Cumberland Road.

2. Undertake a site assessment of the laneway to determine if any further safety measures are warranted and feasible.

3. Notify affected residents of the outcome.

Report

Background

At the Council meeting of 19 June 2019, item C06/19-115 was tabled for consideration regarding the proposed closure of the pedestrian laneway in Benaud Street, Greystanes. The resolution from that item is provided below.

“That Council:

1. Undertake a consultation process with potentially affected residents as detailed within this report, in relation to the proposed closure of the pedestrian laneway at the eastern end of Benaud Street, Greystanes.

2. Report back to Council on the outcome of community consultation, with a recommendation as to whether Council should consider proceeding with the formal notification process under s.38B of the Roads Act 1993.”

The previous report identified that Council had received representations on behalf of residents who reside at the eastern end of Benaud Street, Greystanes and on Cumberland Road, requesting Council’s consideration of the closure of a pedestrian laneway that currently connects Benaud Street with Cumberland Road in Greystanes.

Council’s General Counsel also gave advice in relation to the process to be followed under s.38 of the Roads Act 1993 after which it was considered pertinent for Council to undertake a community consultation process, to determine if closure of the laneway had merit. Consultation was therefore carried out as follows:

· Public exhibition of the proposal, including publication in the Parramatta Advertiser on 7 August 2019 and on Council’s website (‘Have Your Say’) between 25 July 2019 – 25 August 2019.

· Placement of signage on the entrances to the subject laneway, providing notice of the proposed closure and directing residents to Council’s website for further information.

A door knock by Council staff, was also conducted of available residents along Benaud Street on 2 August 2019.

Consultation Outcome

Throughout the consultation period, Council received a total of 108 written submissions by way of email and through the Council’s ‘Have Your Say’ website portal, with some properties identified to have made multiple submissions. For statistical purposes, 98 respondents have therefore been considered with 32 submissions (33%) in support of the laneway closure and 66 submissions (67%) objecting to the proposal.

A brief summary of submissions received has been attached to this report, including a 35 signature petition received by Council objecting to the closure of the laneway. Additionally a statement from the Cumberland Police Area Command has been provided as an attachment indicating support for the laneway to remain open.

A review of the submissions received supports comments made in Council’s initial report on the proposed laneway closure that the laneway serves as a vital pedestrian link for residents accessing Greystanes Public School and Greystanes Shopping Centre

It is further noted that should the laneway be closed, pedestrians who access these locations would be forced to use alternative routes through the Benaud Street Park and along Merrylands Road or alternatively through the busier Whalans Road.

Some of these alternative routes do not provide level pedestrian access and would potentially burden the elderly and less mobile members of our community. In consideration of the responses received from the community and the lack of suitable alternative access, it is recommended that the closure of the laneway not proceed.

Community Engagement

Community consultation was carried out in accordance with Council’s previous resolution on the matter. It is further proposed that affected residents be notified of the outcome from this report.

Policy Implications

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

Risk Implications

Submissions received from members of the public in addition to the Cumberland Police Area Command, encouraged Council to consider further community safety measures within the laneway. It is therefore proposed that Council’s Crime Prevention Officer undertake a site assessment of the laneway to determine if any further measures are warranted and feasible.

Financial Implications

There are potential financial implications for Council associated with any recommendations arising from the proposed site safety assessment. If it is determined that additional infrastructure is required, consideration would need to be given to Council’s existing capital works budget and other community safety priorities across the LGA.

CONCLUSION

In consideration of the consultation results, and the lack of alternative suitable access for pedestrians, it is recommended that the closure of the Benaud Street laneway not proceed.

Attachments

1. Summary of Submissions Supporting the Closure ⇩

2. Summary of Submissions Objecting the Closure ⇩

3. Statements from NSW Police ⇩

4. Overview Map of Potentially Affected Area ⇩

Council Meeting

2 October 2019

Item No: C10/19-235

Notice of Motion - Dowry Abuse

Councillor: Suman Saha

File Number: SC486

Summary

Pursuant to Notice, Councillors Saha and Lake submitted the following Motion.

Notice of Motion

That Council:

1. Submit the following late Motion for inclusion in the business paper for Local Government NSW Annual Conference 2019 :-

That LGNSW lobby the NSW State Government to amend the Crimes (Domestic and Personal Violence) Act 2007 to include economic abuse; and that within this inclusion, dowry abuse is recognised as a form of economic abuse.

2. Continue to undertake initiatives aligned to Priority 5 of the Cumberland Community Safety and Crime Prevention Plan including supporting community-led education and awareness raising campaigns about economic abuse, including dowry abuse.

Resourcing Implications

There is $18,000 in the 2019/20 Community Development Operational Budget to support the implementation of domestic and family violence prevention initiatives aligned with Priority 5 of the Cumberland Community Safety and Crime Prevention Plan.

Funding for community-led domestic and family violence prevention initiatives is available through Council’s Community Grants Program and the ClubGRANTS Scheme. Domestic and Family Violence prevention is identified as a key funding priority of both grant programs.

General Manager Advice

If Council supports this motion, staff will contact LGNSW in relation to submitting a late motion for consideration at the LGNSW Annual Conference.

Priority 5 of the Cumberland Community Safety and Crime Prevention Plan 2018 - 2022 identifies a number of strategies including ‘Enhancing the capacity of community groups and services to respond to domestic and family violence at the local level’ (Strategy 5.2) and ‘Partnering with local services and communities to design prevention initiatives’ (Strategy 5.3) which are tailored to engage culturally and linguistically diverse communities.

The issue of dowry abuse was identified during recent consultations undertaken with local community groups to understand and respond to the complexities of domestic and family violence in local communities in Cumberland. Council will continue to work with local community groups to support community-led education and awareness raising campaigns, including dowry abuse as a form of economic abuse.

Attachments

Nil