Agenda of Council Meeting - 6 November 2019

Council Meeting

6 November 2019

ORDER OF BUSINESS

1 Opening Prayer / Acknowledgement of Country / National Anthem

2 Notice of Live Streaming of Council meeting

3 Apologies / Requests for Leave of Absence

4 Declarations of Pecuniary & Non Pecuniary Conflicts of Interest

5 Confirmation of Previous Minutes

C11/19-261 Minutes of the Ordinary Meeting of Council - 16 October 2019.......................................................................................... 5

6 Mayoral Minutes

MM11/19-12 Mayoral Minute - Keep Australia Beautiful NSW Awards 2019............................................................................... 25

MM11/19-13 Mayoral Minute - NSW Tennis Awards.............................. 27

MM11/19-14 Mayoral Minute - Diwali Street Festival 2019..................... 29

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

Nil

Director People & Performance

Nil

Director Finance & Governance

C11/19-262 Road Closure of Milton Street between Railway Parade and Clarence Street, Lidcombe............................................... 31

C11/19-263 Update on NSW Local Government Grants Commission's Review of Financial Assistance Grants.............................. 35

C11/19-264 Draft Outdoor Dining Policy.............................................. 47

C11/19-265 Review of Governance Policies........................................ 73

Director Community Development

C11/19-266 Response to Notice of Motion - Granville Boundary Adjustment................................................................................ 187

C11/19-267 Proposed Changes to Long Day Care Centre Fees and Charges..................................................................................... 213

Director Environment & Planning

C11/19-268 Proposed Introduction and General Controls for Inclusion in the new Cumberland Development Control Plan.............. 219

C11/19-269 Proposed Residential Planning Controls for Inclusion in the new Cumberland Development Control Plan.................... 227

Director Works & Infrastructure

C11/19-270 Classification of Land, 191-201 Pitt Street Merrylands, Lot 11 DP 1178684, as Operational Land for the purpose of entering into a Free Parking Agreement....................................... 255

C11/19-271 Proposed Temporary Road Closure - Merrylands RSL Rememberance Day...................................................... 313

10 Reports of Council Committees

C11/19-272 Audit, Risk & Improvement Committee - Chairpersons Annual Report 2018/19 and Extension of Independent Members. 327

C11/19-273 Minutes of the 10 September 2019 Cumberland Heritage Committee Meeting And Cumberland Local Heritage Awards 2019.......................................................................................... 357

11 Motions Pursuant to Notice

C11/19-274 Notice of Motion - Upgrade of the Mona Street, Clyde Street and Redfern Street Intersections.................................... 369

12 Notices of Rescission

RES11/19-4 Notice of Rescission - Council Committees...................... 371

13 Questions on Notice

C11/19-275 Questions on Notice – Submitted by Councillor Saha......................................................................................... 373

14 Closed Session Reports

C11/19-276 Tender Evaluation Report - Wentworthville Swim Centre Modernisation

Note: Included in Closed Council in accordance with Section 10A(2)(d)(ii) of the Local Government Act as the information involves information that would, if disclosed, confer a commercial advantage on a competitor of the council.

C11/19-277 Tender Evaluation Report - Large Billboard Advertising

Note: Included in Closed Council in accordance with Section 10A(2)(c), (d)(i) and (d)(ii) 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, commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and information that would, if disclosed, confer a commercial advantage on a competitor of the council.

15 Other / General Matters

16 Close

Council Meeting

6 November 2019

Item No: C11/19-262

Road Closure of Milton Street between Railway Parade and Clarence Street, Lidcombe

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: L-02-09

Community Strategic Plan Goal: A safe accessible community

Summary

This report recommends the proposed road closure of Milton Street between Railway Parade and Clarence Street, in Lidcombe. The purpose of this road closure is to expand the open space (park) area for the community for recreational purposes.

Recommendation

That Council:

1. Approve the permanent closure of Milton Street between Railway Parade and Clarence Street, Lidcombe to expand the open space (park) area for the community for recreational purposes;

2. Advertise in the local newspaper, for a period of 28 days, the proposal to permanently close the section of Milton Street;

3. Authorise the General Manager to process and resolve any submissions received with respect to the proposal;

4. Prepare the necessary documentation to complete the road closure under the provisions of the Roads Act 1993; and

5. Notify the affected residents in Clarence Street of Council’s action accordingly.

Report

The former Auburn City Council acquired the properties at numbers 1 and 3 Clarence Street Lidcombe, with the intention to incorporate them with the existing reserve area located at the corner of Milton Street and Railway Parade, Lidcombe.

To achieve the aim of creating a creating a new and larger park, it is necessary to close a section of Milton Street between Railway Parade and Clarence Street.

The following marked up aerial photo shows the properties at 1 and 3 Clarence Street, the existing park/reserve and the proposed section of Milton Street to be closed, which will form the new larger park area:

Under the former Auburn City Council, officers previously undertook traffic counts in Milton Street to assess the impact of diverted traffic and the impact at the time was considered negligible. As a result of the traffic counts undertaken, it was determined there would be no impact on emergency vehicles and pedestrian movements due to the proposed road closure.

As per the Roads and Maritime Services (RMS) requirements, a traffic management plan (TMP) was submitted to the RMS for approval of the road closure. The TMP was prepared in accordance with the RMS ‘Procedure for use in the preparation of a traffic management plan’ template. The RMS has granted approval of the TMP for the closure of Milton Street between Railway Parade and Clarence Street, Lidcombe.

The closure was reported to the Auburn Traffic Committee on 26 March 2014 and the Committee recommended that:

1. The section of Milton Street between Railway Parade and Clarence Street in Lidcombe be closed.

2. The affected residents in Clarence Street be notified of Council’s action accordingly.

By NSW Government Gazette of 12 February 2016, and in pursuance of section 16 of the Roads Act 1993, the subject section of Milton Street was dedicated as a Public Road.

This report now recommends that Council proceed to notify the public of its intention to close the road.

Community Engagement

The former Auburn City Council undertook a formal consultation process with the all stakeholders including affected residents, bus companies and the Taxi Council. As part of the consultation process, Council distributed over 100 letters to affected residents for comment. No objections were received for the proposed closure of Milton Street at the time.

Council will again provide public notice of the proposed closure of the section of Milton Street as required by the road closure process, and accordingly will undertake a public consultation process with the community again to seek their input.

Policy Implications

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

Risk Implications

As identified in this report, there are currently a park and an area of open space that Council has acquired to deliver amenity to the community. These areas are supported by Milton Street. The risk associated with Council not supporting the road closure is that Council will not capitalise on a significant opportunity to consolidate the two open space areas to activate the community.

Financial Implications

There are no financial implications for Council associated with this report. There are financial implications associated with the re-vegetation over the road once closed, and the establishment of a local park.

CONCLUSION

In order to deliver better amenity to the community, Council previously acquired 1 and 3 Clarence St, Lidcombe with a view of providing expanded open space to the community. It is now recommended that the proposal to close part of Milton Street, Lidcombe be approved by Council to be notified and consulted with the community.

Attachments

Nil

Council Meeting

6 November 2019

Item No: C11/19-263

Update on NSW Local Government Grants Commission's Review of Financial Assistance Grants

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-12-11-10/07

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The purpose of this report is to provide Council with an update on the NSW Local Government Grants Commission’s review of Cumberland’s Financial Assistance Grant allocation.

Recommendation

That Council receive the information and note the attached letter.

Report

At the Ordinary Meeting of Council held on 6 March 2019, Council considered Item No: C03/19-21 ‘Federal Assistance Grants Cumberland - Status Of Correspondence Sent to Federal Members’ and subsequently resolved (Min. 440) as follows:

“That Council communicate to the respective Members of Parliament who neglected to make representations on Council’s behalf, its extreme disappointment in their lack of endeavour in representing Council, and request assurances that they have made representation on Council’s behalf.”

The following table summarises the correspondence:

Recipients	Member	Action	Status
Ms Michelle Rowland MP	Federal Member for Greenway	Letter sent 21 March 2019	Council and Ms Rowland exchanged two letters each. In summary, Ms Rowland made representations to the Minister of Local Government and contributed to the NSW Local Government Grants Commission attending Council.
Hon Tony Burke MP	Federal Member for Watson	Letter sent 21 March 2019	No response
Hon Jason Clare MP	Federal Member for Blaxland	Letter sent 21 March 2019	No response
Hon Craig Laundy	Federal Member for Reid (now Former Member)	Letter sent 21 March 2019	No response

Further to this, Council had the opportunity to meet the NSW Local Government Grants Commission (‘Commission’) in June 2019. At this meeting, Council requested an increase in the Financial Assistance Grant allocation following the boundary change in 2016, which resulted in a lower grant per capita in comparison to other similar metropolitan councils. In addition to the inequity, Council requested certain information in relation to the detailed calculation of the grant as it had not been provided on previous requests.

Following the June 2019 meeting, the Commission wrote to Council in September 2019 (see attached). The outcome of the letter is as follows:

· The factors that have created the disadvantage are not factors that the Commission can consider or act upon. Therefore they are unable to assist Council and have formally rejected Council’s additional funding request.

· The detailed calculation for the amalgamated entity of Parramatta and Cumberland is now attached. One of the challenges in the distribution is recognising the population shifted from Auburn were a highly advantaged population that were transferred to Parramatta, whilst the more disadvantaged population transferred to Cumberland. It would be difficult to assign a total value to this under the rules available to the Commission. Council estimates $1m based on the pro rata basis of population.

The relative reduction in grants has become a financial disadvantage for Cumberland. Rates income cannot be increased to offset losses in grants income due to the current Local Government Act 1993 provisions. The only option available to Council is to now make an application to IPART for an increase in the rate cap to offset losses in income and to ensure financial sustainability can be achieved.

There was a discussion at the June 2019 meeting in relation to special consideration for a Council that has been disadvantaged by the new calculation of the grant but this was not addressed in the Commission’s response. The factors affecting Cumberland were not considered when the amalgamation was approved in 2016, and Council will work with ratepayers to formulate a solution to remain financially sustainable.

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

Following the advice received from the NSW Local Government Grants Commission, Council‘s grant is unable to be increased despite a loss of income over 3 years of between $3m to $4.5m as at 30 June 2019.

CONCLUSION

Following a long period of consultation with the NSW Local Government Grants Commission, it would appear that the grant is unable to be amended and Council can consider making an application to increase the rate cap for the loss of income and to restore financial sustainability.

Attachments

1. Correspondence from NSW Local Government Grants Commission

Council Meeting

6 November 2019

Item No: C11/19-264

Draft Outdoor Dining Policy

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-23-01-15

Community Strategic Plan Goal: A strong local economy

Summary

The Draft Outdoor Dining Policy has been developed to provide the community and business owner’s clarity and guidance around the standards applicable when undertaking outdoor dining activity within the Cumberland Local Government Area.

This report recommends that the Draft Outdoor Dining Policy be placed on public exhibition for consultation with the community.

Recommendation

That Council place the Draft Outdoor Dining Policy on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

Council actively encourages outdoor dining across the local area, with the aim of making streets more vibrant and active places. Outdoor dining assists the community in enjoying their local area whilst boosting the economy, and also encourages locals to engage with their neighbours and friends.

Outdoor dining establishments that are highly accessible for all people are likely to be more pleasant and enjoyable, as well as safer. Council aims to enhance urban life by promoting more outdoor dining.

The Draft Outdoor Dining Policy has been prepared to ensure that the outdoor dining program is implemented in a consistent manner across the Local Government area. A key element of the Draft Policy is ensuring that pedestrian and driver safety and accessibly considerations have been adequately addressed. A number of controls have been drafted around minimum clearances/setbacks to account for both pedestrian safety and driver visibility. The Draft Policy also outlines the requirements for Development Consent from Council for any awnings/covered structures, the requirements for the form of furniture and materials, as well as the process for applying for and obtaining an agreement from Council.

The Draft Policy was discussed with Council at a Councillor workshop held on the 9^th October 2019. Supporting the Draft Policy are the Draft Outdoor Dining Guidelines, which are also attached to this report as attachment 2.

Further, the Draft Policy also retains transitional provisions for any outdoor dining agreements already in place. This Policy will provide a uniform approach and standards for outdoor dining across the Cumberland Local Government Area.

It is now recommended that the Draft Policy proceed to a public exhibition process for consultation with the community.

Community Engagement

The Draft Outdoor Dining Policy will be placed on public exhibition for a period of 28 days both in local newspapers and on Council’s ‘have your say’ community engagement website, to enable the community to have an opportunity for input.

Policy Implications

Given the previous Outdoor Dining Policies for the former Councils were rescinded by the Administrator, this is a new policy for Council. Transitional provisions are provided for under the Draft Policy for any businesses already under an existing agreement.

Risk Implications

By having an outdoor dining policy position in place, it will provide clear information and standards for any business owner within the local government area to adhere to. Having a policy in place will improve the operations of outdoor dining as well as improve compliance outcomes.

Financial Implications

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

CONCLUSION

The Draft Outdoor Dining Policy has been developed to provide the local community and businesses guidance around the standards applicable when undertaking outdoor dining activity within the Cumberland Local Government Area. It is now recommended that this Draft Policy proceed to public exhibition.

Attachments

1. Draft Outdoor Dining Policy

2. Draft Outdoor Dining Guidelines

Council Meeting

6 November 2019

Item No: C11/19-265

Review of Governance Policies

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-01-03-2

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends a number of Council’s governance policies be re-adopted or rescinded following a policy review process undertaken.

Recommendation

That Council:

1. Re-adopt the Councillor and Staff Interaction Policy, Statement of Business Ethics and Privacy Management Plan;

2. Exhibit for 28 days the revised Public Interest Disclosures Policy, with a report to be returned to Council at the conclusion of the public exhibition period.

3. Rescind the General Managers Expenses Policy.

Report

The following Governance related policies have been reviewed following their policy review dates specified when last adopted by Council. A summary is provided below:

Councillor and Staff Interaction Policy

This Policy has been reviewed and is recommended for immediate re-adoption. The document was considered better practice when initially adopted. No changes are proposed.

Statement of Business Ethics

This document has been reviewed and is recommended for immediate re-adoption. The document has been effective when Council officers are liaising with potential tenderers and organisations providing quotes to Council and advising them of probity considerations and obligations. No changes are proposed.

Privacy Management Plan

Council’s Privacy Management Plan is based on the model document provided by the Information Privacy Commissioner. This document has been reviewed and is recommended for immediate re-adoption. No changes are proposed.

Public Interest Disclosures Policy

Upon the review date of this document, Council’s senior management met with the Internal Ombudsman and Assistant Internal Ombudsman to further improve the Policy. A number of suggestions were agreed upon, with the key change including the expansion of the number of disclosures officers from 2 to 30. As this Policy has had a number of changes drafted, it is recommended the Policy be placed on public exhibition for 28 days for consultation with the community.

General Managers Expenses and Facilities Policy

The creation of this policy was at the request of the Administrator. Upon the review of the operation of this Policy, it is noted that there is no requirement under the Local Government Act 1993 for Council to have an adopted policy position to deal with the expenses and facilities provisions to the General Manager. It is noted that the General Manager adheres to the requirements of this Policy, as the requirements reflect the General Manager’s obligations to adhere to the Code of Conduct. In light of this, it is recommended that the Policy be rescinded.

Community Engagement

Given the Councillor and Staff Interaction Policy, Statement of Business Ethics and Privacy Management Plan are proposed to remain unchanged, it is recommended that these Policies be re-adopted by Council for a further period. The draft Public Interest Disclosures Policy has been updated to reflect a better practice approach and has had input from the Internal Ombudsman Shared Service. It is recommended that this Policy be placed on public exhibition with the community to consider any feedback.

Policy Implications

All policies which are re-adopted will be updated in Council’s Policy Register, and will rescind and supersede the existing versions of these policies. Adoption of the report recommendation ensures that Council is continually reviewing policies as they fall due for review. Any rescinded policies will be removed from Council’s website and will cease to operate in Council’s Policy Register.

Risk Implications

This report has been prepared to address the minor or low risk of having operative policies in place after the anticipated review date. This report ensures that an appropriate review of these policies has taken place to ensure currency and relevance of information.

Financial Implications

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

CONCLUSION

The Councillor and Staff Interaction Policy, Statement of Business Ethics, Privacy Management Plan, Public Interest Disclosures Policy and General Manager Expenses and Facilities Policy have been reviewed in accordance with their stated policy review date. One Policy is recommended to be rescinded, and the rest either recommended for re-adoption or to proceed to a public exhibition process.

Attachments

1. Councillor and Staff Interaction Policy

2. Statement of Business Ethics

3. Privacy Management Plan

4. Draft Public Interest Disclosure Policy

5. General Manager Expenses & Facilities Policy (Proposed to be rescinded)

Council Meeting

6 November 2019

Council Meeting

6 November 2019

Item No: C11/19-266

Response to Notice of Motion - Granville Boundary Adjustment

Responsible Division: Community Development

Officer: Director Community Development

File Number: SC685

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides a response to the Notice of Motion – Granville Boundary Adjustment resolved at the Ordinary Meeting of Council held on 17 April 2019 (Min.495) and presents the outcome of the community engagement program undertaken in relation to the proposed boundary adjustments for Granville and Mays Hill.

Recommendation

That Council:

1. Receive and note the outcome of the community engagement program undertaken in relation to the proposed boundary adjustments for Granville and Mays Hill.

2. Not proceed with a submission under Section 218E of the Local Government Act to alter the boundary between Council and the City of Parramatta.

3. Notify the City of Parramatta and residents that made a submission during the community engagement process of the outcome.

Report

Background

In 2016, the NSW Government drew boundaries for the Cumberland Local Government Area, which saw the suburb of Granville divided along the Main Western Railway Line and parts of Mays Hill and Parramatta formerly within the former Holroyd City Council area, bounded by the Great Western Highway, Burnett Street, the M4, Pitt Street, Banks Street and Steele Street, excised to the City of Parramatta.

At the Ordinary Meeting of Council held on 17 April 2019, (Min.495, Item C04/19-67), Council considered the Notice of Motion - Granville Boundary Adjustment and resolved that Council:

“1. Note the significant level of high rise development occurring on the northern side of the railway line at Granville in the City of Parramatta arising from the Parramatta Road Urban Transformation Strategy.

2. Note that the residents of these buildings will inevitably use the community facilities (pool, community centre, library and parks) provided by Cumberland Council in Granville and that Cumberland Council will receive no rates and no developer contributions from these developments.

3. Note that during the Council amalgamation process both the former Auburn and Holroyd Councils made a submission to the Delegate reviewing the proposed amalgamation advocating that the boundary of Cumberland Council at Granville should be the M4.

4. Note that the Parramatta Council submission to the Delegate reviewing the proposed amalgamation proposed that the boundary between Cumberland Council and the City of Parramatta at Granville should be Parramatta Road.

5. Agree that the process required under Section 218E of the Local Government Act to amend the boundary between Cumberland Council and the City of Parramatta at Granville to the M4 be commenced.

6. Write to the City of Parramatta outlining Cumberland Council’s concerns about the boundary at Granville and seek the City of Parramatta’s support for a submission under Section 218E of the Local Government Act to amend the boundary between Cumberland Council and the City of Parramatta at Granville to the M4.

7. Seek information about any asbestos contamination in the area bounded by Kemp St, Parramatta Rd, James Ruse Drive, and the M4 and a report be returned to Council on the responsible parties for remediation and the costs to Council if the area is transferred to Cumberland Council.

8. Write to the City of Parramatta Council seeking support for a proposal to the Minister for Local Government to alter the boundary between Cumberland Council and the City of Parramatta Council as follows:

a) That the area of the former Holroyd City Council which was bounded by the Great Western Highway, Burnett Street, the M4 Motorway, Pitt Street, Banks Street and Steele Street and which was included in the area of the new City of Parramatta Council when it was constituted on 12 May 2016 be transferred into the area of Cumberland Council.

9. Undertake consultation with affected residents as part of this process.”

In accordance with the above Council resolution, Council wrote to the City of Parramatta on 9 May 2019 to seek their support for a submission under Section 218E of the Local Government Act to amend the boundary at Granville and Mays Hill, and information about any asbestos contamination in the nominated area.

The City of Parramatta responded to Council on 24 June 2019 advising that they did not support the proposed boundary changes and that they were in receipt of a petition from concerned residents against the proposal. This petition was tabled at the Ordinary Meeting of Cumberland Council held on 1 May 2019.

Further to this, Council undertook consultation with affected residents directly in relation to the proposed boundary adjustments for Granville and Mays Hill. This report presents the outcome of the community engagement program.

Overview of Community Engagement Program

Council undertook a comprehensive community engagement program from May 2019 to September 2019. The engagement program aimed to inform the community of the proposed boundary adjustments and determine the level of support for the proposals. The community engagement program included multiple engagement methods, including face-to-face, online and postal channels.

Further details on the engagement program are included in the ‘community engagement’ section of this report and in Attachments 1 and 2.

Summary of Engagement Results

The following table provides a summary of the community engagement results:

Postal Survey (Total)	Postal Survey Results	Online Submissions (Total)	Online Submission Results	Other
AFFECTED AREA: GRANVILLE (NORTH)
74 postal surveys received (out of a possible 1,172; 6% response rate).	Amend Boundary to Parramatta Road: · 22 respondents (30%) in support; · 46 respondents (62%) not in support; · 6 respondents (8%) undecided/ not stated. Amend Boundary to the M4: · 12 respondents (16%) in support; · 60 respondents (81%) not in support; · 2 respondents (3%) undecided/ not stated.	14 online submissions were received.	Summary of online submissions: · 6 respondents in support; · 2 respondents in support (with special conditions); · 4 respondents not in support; · 2 respondents undecided/not stated.	One petition in opposition to the proposed boundary adjustment (174 signatures) was received.
AFFECTED AREA: MAYS HILL (INCLUDES PART OF SUBURB OF PARRAMATTA)
52 postal surveys received (out of a possible 285; 18% response rate).	· 21 respondents (40%) in support; · 31 respondents (60%) not in support.	15 online submissions were received.	Summary of online submissions: · 3 respondents in support; · 11 respondents not in support; · 1 respondent undecided/not stated.	Two petitions in support of the proposed boundary adjustment (7 signatures and 25 signatures) were received. One letter of support was received from a community group.

Postal Survey (Total)

Postal

Survey Results

Online Submissions

(Total)

Online Submission Results

Other

AFFECTED AREA: GRANVILLE (NORTH)

74 postal surveys received

(out of a possible 1,172; 6% response rate).

Amend Boundary to Parramatta Road:

· 22 respondents (30%) in support;

· 46 respondents (62%) not in support;

· 6 respondents (8%) undecided/

not stated.

Amend Boundary to the M4:

· 12 respondents (16%) in support;

· 60 respondents (81%) not in support;

· 2 respondents (3%) undecided/

not stated.

14 online submissions were received.

Summary of online submissions:

· 6 respondents in support;

· 2 respondents in support (with special conditions);

· 4 respondents not in support;

· 2 respondents undecided/not stated.

One petition in opposition to the proposed boundary adjustment (174 signatures) was received.

AFFECTED AREA: MAYS HILL (INCLUDES PART OF SUBURB OF PARRAMATTA)

52 postal surveys received

(out of a possible 285; 18% response rate).

· 21 respondents (40%) in support;

· 31 respondents (60%) not in support.

15 online submissions were received.

Summary of online submissions:

· 3 respondents in support;

· 11 respondents not in support;

· 1 respondent undecided/not stated.

Two petitions in support of the proposed boundary adjustment (7 signatures and 25 signatures) were received.

One letter of support was received from a community group.

Overall, the engagement results indicate that the majority of respondents in the affected areas do not support the proposed boundary adjustments in Granville and Mays Hill. Additional details about the community engagement outcomes are included in Attachments 1 and 2.

Community Engagement

The community engagement program was implemented in accordance with Council’s Community Engagement and Participation Strategy and involved multiple engagement methods to promote awareness of and participation in the consultation process.

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

· Public notice of the consultation period was included in the Auburn Review (30 July and 6 August 2019) and in the Parramatta Advertiser (31 July and 7 August 2019).

· A postal survey was distributed to residents in the affected areas to inform residents of the proposed boundary changes and ascertain community sentiment.

· An online survey was hosted on Council’s ‘Have Your Say’ website. The survey was open for 66 days, from 12 July 2019 to 16 September 2019.

· Letters were sent to community organisations in the affected areas and follow up phone calls were made to inform the community of the proposal and seek feedback.

· Information flyers were distributed at Granville Railway Station on four occasions to increase awareness of the proposed boundary changes.

· A Council pop up information stall was delivered in Freame Park (Mays Hill) to clarify information on the Mays Hill proposal. The pop up was promoted via letterbox drop to the affected area, and via the Have Your Say portal and social media.

· Flyers and information were provided to parents collecting children from Council’s OOSH service at Parramatta West Public School (OOSH).

· Council’s social media platforms were used to inform the community of the proposed boundary changes and promote related engagement activities.

· A video featuring the Mayor with key messages was created in relation to the proposal and distributed via Council’s website and social media.

In response to the above engagement activities, Council received a total of 156 responses including postal surveys, online submissions and letters. Three petitions were also received, including one petition (174 signatures) in opposition to the proposed Granville boundary adjustment and two petitions (32 signatures) in support of the Mays Hill boundary adjustment. Some properties and/or individuals were identified to have made multiple submissions.

Council data indicates that many more community members were informed about the community engagement program, including:

· The relevant ‘Have Your Say’ pages received 1,092 visits;

· Social media posts reached over 14,039 people; and

· The Mayor’s video message received over 2,500 views.

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

The community engagement outcomes indicate that the majority of respondents in the affected areas do not support the proposed boundary adjustments. Given the relative low level of community support, this report recommends that Council does not proceed with a submission under Section 218E of the Local Government Act to alter the boundary between Council and the City of Parramatta at this time.

Attachments

1. Granville Boundary Adjustment Proposal – Engagement Outcomes Report

2. Mays Hill Boundary Adjustment Proposal – Engagement Outcomes Report

Council Meeting

6 November 2019

Item No: C11/19-267

Proposed Changes to Long Day Care Centre Fees and Charges

Responsible Division: Community Development

Officer: Director Community Development

File Number: S-57-50

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

Council has undertaken an internal service review to improve the financial sustainability of its education and care services.

This report recommends minor increases to Council’s Fees and Charges for its Long Day Care Centres, effective from January 2020, and recommends that the Draft Long Day Care Centre Fees and Charges be placed on public exhibition for consultation with the community.

Recommendation

That Council place the Draft Long Day Care Centre Fees and Charges on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

Background

Cumberland Council is the approved provider of 17 education and care services that currently deliver 1,049 education and care places per day to over 1,700 children aged from birth to 13 years.

Of these services, Council currently operates 6 Long Day Care centres and is in the process of bringing an additional 2 centres into operation under the Long Day Care model in early 2020. These additional centres include the upgrade and reopening of the Friend Park Children’s Centre, Wentworthville to operate as a 40 place Long Day Care centre, and the transition of the Sometime Centre, Merrylands into a Long Day Care centre to meet community needs and ensure the ongoing viability of the service.

Sustainable Education and Care Provision

Council’s education and care services are not for profit and revenue is received through a combination of client fees and grants. The costs associated with operating quality education and care services continue to increase annually, and the existing fees that Council charges do not cover the operational requirements of its services.

A number of key changes impacted on this service area in 2018/19, including:

· Regulatory changes for the supervision of children leading to increased staffing costs.

· The introduction of the Australian Government's new childcare package in July 2018. The new system rolled the Child Care Benefit (CCB) and Child Care Rebate (CCR) into one new means-tested payment, called the Child Care Subsidy (CCS). The impacts of the new subsidy on education and care provision and demand are yet to be fully realised across the sector, however, have resulted in changed demand and price changes (Cred Consulting, ‘The State of Education and Care in Cumberland’, July 2019).

· Lower utilisation across some of Council’s services leading to underachievement of operating revenue.

To ensure sustainable education and care provision, Council has undertaken an internal service review to identify an immediate strategy to improve its budget performance in this service area. Key changes include:

· Implementation of a new organisation structure and improved budget oversight to improve accountability and budget monitoring at the service level.

· Council has made changes (and is continuing to make changes) to its service types in response to changed regulations.

· Council has addressed the low utilisation rates of its services experienced in 2018/19 through increased marketing and promotion of the role of early education. Utilisation has improved substantially as at Quarter 1, 2019/20 with current Long Day Care Centres operating at 100% occupancy.

· Reductions in staffing costs by $1.1 million in the service area as at Quarter 1, 2019/20, without compromising the quality of education and care.

In addition to the above, Council has also identified the need to increase its existing Long Day Care Centre Fees and Charges to improve its operating revenue for 2019/20.

Current Long Day Care Centre Fees and Charges

Council’s current fees for Long Day Care (0-5 years) are:

· $95 per day for services that operate from 7am to 6pm; and

· $97 per day for services that operate from 6am to 6pm.

The ‘Care for Kids’ website reports that the average cost of Long Day Care in Cumberland is approximately $101 per child per day before subsidies (See: https://www.careforkids.com.au/home/childcarecosts). Therefore, Council is currently charging below the industry average for the Cumberland Local Government Area.

Moreover, all education and care services are rated against the National Quality Standard for Education and Care Services (NQS). All services run by Council are rated as either Exceeding or Meeting the National Quality Standard. Non-Council services across Cumberland are on average of lower quality with only 20% of Long Day Care services in Cumberland rated as ‘Exceeding’ the NQS and 33% rated as ‘Working Towards’ the NQS (Cred Consulting, ‘The State of Education and Care in Cumberland’, July 2019).

Proposed Increases to Long Day Care Centre Fees and Charges

The following table outlines the approved Long Day Care Centre Fees and Charges for 2018/19 and 2019/20 alongside the Draft Long Day Care Centre Fees and Charges proposed for implementation from January 2020:

	Per day/Per Child	Per day/Per Child	Per day/Per Child
Fee Name	2018/2019	2019/2020	Draft 2019/2020
Fee Name	Jul - Jun	Jul - Dec	Jan - Jun
Long Day Care Daily Fee (Open 7am – 6pm)
Meals Included	$92.00	$95.00	$100.00
No Meals Included	-	-	$95.00
Long Day Care Daily Fee (Open 6am – 6pm)
Meals Included	$95.00	$97.00	$105.00

It should be noted that Centrelink administers the Child Care Subsidy (CCS) and this amount is dependent on the circumstances of each family. Consideration is given to the income and the number of hours of recognised activities of parent/s or carer/s.

Most existing customers of Council’s education and care services receive some level of CCS and therefore will not receive the full impact of the proposed increases. This is subject to change depending on the hours of care accessed and individual circumstances.

Community Engagement

If endorsed by Council, the Draft Long Day Care Centre Fees and Charges will be placed on public exhibition for a period of 28 days for consultation with the community in accordance with S610F of the Local Government Act 1993.

During the public exhibition period, the following actions will be undertaken:

· The Draft Long Day Care Centre Fees and Charges will be distributed to existing customers and families on the waiting list for feedback and comment. Council will also ensure clear visibility of the proposed fees and charges at all Council education and care services.

· The Draft Long Day Care Centre Fees and Charges will be made available on the Council website and at Council libraries, staffed community centres and customer service centres.

· Advertisement of the public exhibition period via advertisements in the Auburn Review and Parramatta Advertiser.

Feedback and public comments arising from the public exhibition period will be reported back to Council in December 2019. Pending community feedback and Council’s approval, the new fees and charges will be effective from January 2020.

Policy Implications

The Children and Families Strategy 2019 – 2023 was adopted by Council on 2 October 2019 and provides a strategic approach to the delivery of services, programs and initiatives that support children and families in Cumberland.

It identifies education and care as a key priority area, and includes the following strategies and actions for Council related to this report:

Strategy

Actions

Timeframe

2.1 Deliver high quality education and care for all children in the Cumberland area.

2.1a Continue to deliver high quality education and care services to the community.

2.1f Complete the upgrade and re-open Friend Park Children’s Centre, Wentworthville to operate as a 40 place long day care centre.

Y1-4

2.3 Improve the distribution of Council operated education and care services across the Cumberland area, based on community need.

2.3a Transition The Sometime Centre, Merrylands into a long day care centre with ongoing occasional care places to meet community need and ensure the ongoing viability of the service.

Risk Implications

In accordance with the Community Strategic Plan 2017-2027, Strategic Goal 6 - Transparent and accountable leadership, Council must operate efficiently and sustainably. Council has identified the existing shortfalls in the budget that relate to the ongoing operation of education and care services. This matter has been brought to the attention of Council along with a strategy to improve the ongoing operational budget performance of its education and care services in 2019/20. Failure to increase the operating revenue for education and care will result in a continued high level of subsidy from Council.

Financial Implications

The proposed fee increases will generate an additional estimated revenue of $211,500 over a 6 month period from January 2020 to June 2020.

Following the completion of Council’s immediate actions to improve its budget performance in this service area in 2019/20, subsequent fee increases will be staged as part of Council’s ongoing budget review processes where required.

CONCLUSION

The Community Strategic Plan 2017-2027, Strategic Goal 4 highlights Council’s commitment to ‘A strong local economy’ by supporting access to jobs locally and access to education and care services. The recently adopted Children and Families Strategy 2019 – 2023 also recognises that access to quality education and care services has social and economic benefits for families, the broader community and Council.

To ensure ongoing sustainable education and care provision, Council has undertaken an internal service review to identify an immediate strategy to improve its budget performance in this service area. Subsequently, this report recommends a minor fee increase to improve the operating revenue result for 2019/20, whilst ensuring fees remain affordable for local families and competitive when compared against other local service providers. The proposed increase in fees is for Council’s Long Day Care services only and is within the average cost for Long Day Care in Cumberland.

Attachments

Nil

Council Meeting

6 November 2019

Item No: C11/19-268

Proposed Introduction and General Controls for Inclusion in the new Cumberland Development Control Plan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5750-01

Community Strategic Plan Goal: A resilient built environment

Summary

The preparation of a new Cumberland Development Control Plan (DCP) is underway, with the focus on harmonising the planning controls of the three DCPs in operation across Cumberland into a single set of detailed planning controls under a comprehensive DCP.

This report outlines some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for the introduction of the DCP and general controls for the Cumberland area. This information will be included in the draft new Cumberland DCP that is currently being prepared.

Recommendation

That Council:

1. Endorse the planning approach to the introduction of the Development Control Plan and general controls in the Cumberland area, as provided in Attachment 1; and

2. Note that the above items will be included in the draft Cumberland Development Control Plan.

Report

Background

Cumberland Council is currently operating under three separate sets of planning controls, known as a Development Control Plans (DCP), which are available on Council’s website. The current approach does not provide an integrated planning framework for the Cumberland areas, with inconsistent planning controls in place, and is not aligned to current strategic plans and policies from Council and the NSW Government.

New Cumberland Development Control Plan (DCP)

The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on the introduction and general controls of the new Cumberland DCP, as shown in Figure 1.

Figure 1: Proposed Planning Controls Covered in Council Report

Part A – Introduction and General Controls

This part of the DCP focuses on the introductory section and general controls of the DCP. It provides detailed guidance on a range of important aspects, including:

• Introduction

• DA submission requirements

• DA notification requirements

• Site amalgamation and isolated sites

• Subdivision

The DCP review will result in consistent controls applied across Cumberland. This report recommends that Council adopt the planning approach to these parts of the DCP as outlined in Attachment 1.

Next Steps

Subject to endorsement, the proposed planning controls will be included in the draft Cumberland DCP. The draft new Cumberland DCP will be provided for consideration by Council in late 2019 or early 2020, prior to proceeding to public exhibition.

Community Engagement

Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.

Policy Implications

The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act, 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Draft Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

The preparation of a new Cumberland DCP is designed to align with the milestones on work for the new Cumberland Local Environmental Plan, which is required to be completed by mid-2020. The release of funds from the grant is also linked to these milestones. Endorsement of the proposed planning controls will assist Council in meeting these milestones.

Financial Implications

Work undertaken on the Cumberland DCP, including analysis, document preparation and planned community consultation activities, will be funded from the accelerated Local Environmental Plan Funding Grant provided by the NSW Government.

CONCLUSION

The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report outlines some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for the introduction of the DCP and general controls for the Cumberland area. This information will be included in the draft new Cumberland DCP that is currently being prepared

Attachments

1. Development Control Plan - General Controls

Council Meeting

6 November 2019

Item No: C11/19-269

Proposed Residential Planning Controls for Inclusion in the new Cumberland Development Control Plan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: S-5750-01

Community Strategic Plan Goal: A resilient built environment

Summary

This report outlines some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for residential planning controls in the Cumberland area. This information will be included in the draft new Cumberland DCP that is currently being prepared.

Recommendation

That Council:

1. Endorse the planning approach to controls for residential development in the Cumberland area, as provided in Attachment 1; and

2. Note that the above items will be included in the draft Cumberland Development Control Plan.

Report

Background

New Cumberland Development Control Plan (DCP)

The preparation of a new Cumberland DCP will complement the work being undertaken on the new Cumberland LEP, by providing more detailed planning controls for development in the area. This report focuses on proposed residential planning controls within the new Cumberland DCP, as shown in Figure 1.

Figure 1: Proposed Planning Controls Covered in Council Report

Part B – Development in the Residential Zones

This part of the DCP contains the controls which apply to all residential development within the R2 Low Density Residential zone, R3 Medium Density Residential zone and R4 High Density Residential zone. In some cases, it also applies to residential development within the business zones. It provides detailed design controls and development principles for a range of development types, including:

• Detached (single) dwellings

• Dual occupancy and multi-dwelling housing

• Manor houses

• Secondary dwellings

• Residential flat buildings

• Affordable rental housing

• Boarding houses

• Adaptable housing

• Attics

The recommended DCP controls address a range of general and locally specific matters that are not covered by mandatory provisions in relevant SEPPs, Codes and/or Guidelines (e.g. the Low Rise Medium Housing Code and Design Guidelines, and State Environmental Planning Policy (SEPP) 65 and Apartment Design Guidelines).

The DCP review will result in consistent controls applied across Cumberland. This report recommends that Council adopt the planning approach to these parts of the DCP as outlined in Attachment 1.

Next Steps

Community Engagement

Consultation will be undertaken on the draft new Cumberland DCP, and this is anticipated to occur in early 2020.

Policy Implications

The preparation of the Cumberland DCP supports the new Cumberland Local Environmental Plan, which is required under the Environmental Planning and Assessment Act 1979. The Cumberland DCP will also align with the strategic directions outlined in Council’s Community Strategic Plan and Draft Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

Financial Implications

CONCLUSION

The preparation of a new Cumberland Development Control Plan (DCP) is underway. This report outlines some of the proposed planning controls to be included in the new Cumberland DCP. It recommends that Council endorse the planning approach for residential development controls in the Cumberland area. This information will be included in the draft Cumberland DCP that is currently being prepared.

Attachments

1. Proposed Residential Planning Controls

Council Meeting

6 November 2019

Item No: C11/19-270

Classification of Land, 191-201 Pitt Street Merrylands, Lot 11 DP 1178684, as Operational Land for the purpose of entering into a Free Parking Agreement

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-11-16-9/02

Community Strategic Plan Goal: A safe accessible community

Summary

At the meeting on 4 September 2019 Council considered a report (C09/19-200) regarding the classification of land, Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) as Operational Land and entering into a Free Parking Agreement with the property owner. The report recommended that Council give Public Notice of its intention to classify the land as Operational Land for the purposes of entering into a Free Parking Agreement with the land owner and then receive a further report on the outcome of the Public Notice period.

The aim of this report is to provide feedback on the public notification and consultation process and to seek Council’s approval for the classification of land, Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) as Operational Land and enter into a Free Parking Agreement with the property owners, being The Trust Company Limited and Stockland Trust Management Limited.

Recommendation

That Council:

1. Classify Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) as Operational Land and enter into a Free Parking Agreement with the property owners, being The Trust Company Limited and Stockland Trust Management Limited; and

2. Give Public Notice of the resolution to classify the land as Operational Land, for the purposes of entering into a Free Parking Agreement with the land owner.

Report

Council has received correspondence from the landowners (The Trust Company Limited and Stockland Trust Management Limited) of Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) requesting that Council enter into a Free Parking Agreement. The Local Government Act 1993 allows Council to enter into a Free Parking Agreement with private landowners under section 650 (6). Before Council can enter into a Free Parking Agreement however, it must first resolve to classify the land as Operational Land and undertake public consultation by way of a Public Notice.

A public notice was therefore placed in Council’s Corporate Column of the Auburn Review on 17 September 2019 and the Parramatta Advertiser on 18 September 2019. Furthermore, Council invited feedback through the ‘Have Your Say’ portal of Cumberland Council’s website in order for community members to make representations or provide objections. The public consultation period closed on 7 October 2019 with no submissions received.

Application of the Free Parking Agreement is anticipated to assist local residents by way of providing more accessible parking for the purpose of shopping in Merrylands. Monitoring of the area by Council’s regulatory staff will also increase pedestrian safety and provide greater protection of Stockland assets, by encouraging parking in approved marked spaces.

Council staff have also been in consultation with the landowner to improve signage within the Stockland Mall carpark, to ensure there is no confusion regarding areas that will continue to be subject to the paid ticketed system and that which will be subject to the Free Parking Agreement (located at ground level and accessed by Neil Street & Pitt Street, Merrylands).

Patrols of this area will allow Council Officers to monitor vehicles parked in marked spaces, ‘No Parking’ and disabled parking spaces only.

Community Engagement

In the instance of Council agreeing with the recommendations of this report, Council shall give Public Notice of the resolution to classify the land as Operational Land, for the purposes of entering into a Free Parking Agreement with the land owner.

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

Under the term of the Free Parking Agreement, the owner must maintain the carpark to the applicable standards including the installation and maintenance of Parking Restriction signs. Any income generated through enforcement will be retained fully by Council.

CONCLUSION

It is recommended that Council resolve to classify Stockland Mall (known as 191-201 Pitt Street, Merrylands Lot 11 DP 1178684) as Operational Land and enter into a Free Parking Agreement with The Trust Company Limited and Stockland Trust Management Limited, in terms described by way of the draft Free Parking Agreement provided at Attachment 1.

Attachments

1. Stockland Mall Free Parking Agreement - Draft

2. Location Map Lot 11 DP 1178684

3. Office of Local Government - Free Parking & Strata / Community Parking Area Agreements - Guidelines for Councils

Council Meeting

6 November 2019

Item No: C11/19-271

Proposed Temporary Road Closure - Merrylands RSL Rememberance Day

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: T-28-01/06

Community Strategic Plan Goal: A great place to live

Summary

Council has received a request on behalf of the Merrylands RSL sub-Branch for the approval of a temporary full road closure of Arcadia Street, Merrylands between Merrylands Road and Arthur Street for the Remembrance Day Event on Sunday, 10 November 2019.

As the request was received after the most recent Cumberland Traffic Committee meeting held in August, a report on the temporary full road closure was sent electronically to the voting members of the committee for consideration.

This report outlines consideration of the request and the recommendation of the Cumberland Traffic Committee.

Recommendation

That Council:

1. Approve the temporary closure of Arcadia Street, Merrylands between Merrylands Road and Arthur Street from 9:00AM to 12:30PM on Sunday, 10 November 2019, subject to concurrence from Roads and Maritime Services for the Traffic Management and Traffic Control Plans; and

2. Notify potentially affected residents of the temporary road closure.

Report

Council has received a request on behalf of the Merrylands RSL sub-Branch for the approval of a temporary full road closure of Arcadia Street, Merrylands between Merrylands Road and Arthur Street, Merrylands for the Remembrance Day Event on Sunday, 10 November 2019 from 9:00am to 12:30pm. Arcadia Street is a local road and carries low volumes of traffic.

Closure of the road is proposed to assist with planned events occurring in Merrylands Remembrance Park (48 Arthur Street) and the adjoining section of Arcadia Street, where some 150 guests are expected.

The road closures will be managed by the NSW Police Force and State Emergency Services and appropriate detours will be in place during the closure.

The map below shows the location of Arcadia Street, Merrylands and the road network within the vicinity.

The Traffic Control Plan submitted with the application is provided in Attachment 1, it should also be noted that any approval by way of this report is being recommended for the current year only.

Cumberland Traffic Committee Recommendation

The concurrences for the approval of the proposed closure have been received from all members of the Cumberland Traffic Committee with the exception of the Roads, Maritime Service (RMS).

Community Engagement

Should Council approve the road closure, notification to the affected residents will be undertaken.

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

It is recommended that Council approve the temporary closure of Arcadia Street, Merrylands between Merrylands Road and Arthur Street from 9:00am to 12:30pm on Sunday, 10 November 2019, subject to concurrence from the RMS for the Traffic Management and Traffic Control Plans.

Attachments

1. Arcadia Street Traffic Control Plan

2. Report to Cumberland Traffic Committee

Council Meeting

6 November 2019

Item No: C11/19-272

Audit, Risk & Improvement Committee - Chairpersons Annual Report 2018/19 and Extension of Independent Members

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-06-03-28

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Audit Risk and Improvement Committee (ARIC) Chair’s report is prepared annually and is designed to provide Councillors with a summary of the responsibilities, work, operations and deliberations of the ARIC for the 2018/19 period. The report also informs Council of any significant issues and/or matters which were addressed or are currently being addressed by the Committee.

Recommendation

That Council:

1. Receive the Audit, Risk and Improvement Committee Annual Report.

2. Adopt the Terms of Reference as attached for a further 2 year period.

3. Endorse the re-appointment of the three Independent Members for a further 2 year term in accordance with the charter being: Stephen Horne, John Barbeler and Jim Taggart.

Report

Chairpersons Annual Report

In accordance with s5.2 of the Audit, Risk and Improvement Committee Charter, the Chair of the Committee is required to provide an Annual Report to Council on the following key elements:

· Meetings held and member attendance

· Overview of the internal audit function

· Overview of the activities of the external auditor

· Overview of the Enterprise Risk Management function

· Overview of general corporate governance arrangements

· Key achievements

· Key action points

· Any other matter deemed to be of sufficient importance.

Membership and Meetings

The Cumberland Council Audit, Risk and Improvement Committee (ARIC) is an advisory committee of Council currently consisting of two (2) councillors and three (3) independent external members charged with providing assurance, oversight and advice to Council and the General Manager in relation to the governance, risk and internal control functions of Cumberland Council. An effective and productive ARIC is considered a vital part of good governance practice.

The current members of the ARIC are:

· Councillor Lisa Lake

· Councillor Michael Zaiter

· Stephen Horne (Independent Chair)

· John Barbeler (Independent Member)

· Dr Jim Taggart (Independent Member)

The participation of the member Councillors ensures that the Council’s objectives and perspectives are considered when relevant matters are under consideration. Given the term of current members is expiring, this report recommends re-appointment of the Independent Members for a further 2 year period, in accordance with the Charter.

The ARIC met four times in relation to the 2018/19 reporting cycle as follows:

#	Date	Meeting
1	20 August 2018	Regular Meeting
2	12 November 2018	Regular Meeting
3	11 February 2019	Regular Meeting
4	13 May 2019	Regular Meeting

Attendance by members at meetings was as follows:

Member	Meetings attended
Mr Stephen Horne, Chair and Independent Member	4
Mr John Barbeler, Independent Member	4
Dr Jim Taggart, Independent Member	2
Councillor Lisa Lake	4
Councillor Michael Zaiter	1

A copy of the minutes of these meetings is attached to this report.

ARIC Scope

The objective of the Audit, Risk and Improvement Committee is to promote good corporate governance by the provision of independent objective assurance and assistance to the Council on:

· Compliance

· Risk Management

· Fraud Control

· Financial Management

· Governance

· Implementation of the Strategic Plan, Delivery Program and Strategies

· Service Reviews

· Collection of performance measurement data by the Council

· Any other matters prescribed by regulations.

At the same time as monitoring the above, some existing risks are evolving, for example, building cladding and some other new operational risks are emerging which require continual review and refinement of the audit plan. Another example includes the risks associated with the TechnologyOne project, which are monitored at each meeting of the ARIC via a standing agenda item.

Internal Audit

The Internal Audit function is a key function underpinning the governance functions of Council and provides integral support to the work of the ARIC.

Council’s Internal Audit function is led by the Executive Manager Corporate Services. Internal Audit services have continued to be provided by an external specialist provider (BDO Australia). An Internal Audit Plan is established, reviewed by the Executive Team annually and is regularly monitored by the Committee. The Internal Audit Plan is a flexible plan that will be amended as required, based on risk and the needs of the organisation and the view of the Committee.

The internal audits undertaken during the 2018/19 financial year are attached under Appendix 1. The results of the audits are varied, however, overall the control environment within Council continues to improve.

Arising from each internal audit, a final audit report is prepared that contains various recommendations of improvement/corrective actions that are determined and agreed upon with the responsible Manager and/or Director, and ranked on a high, medium and low scale together with timelines for corrective action.

Recommendations made in internal audit reports are recorded and tracked by the Audit and Risk Management Team, with the aim of ensuring that management addresses improvement actions in a timely manner. Reports on management’s progress in addressing audit actions are provided to the ARIC at each meeting for monitoring purposes.

To ensure that recommendations are addressed in a timely manner, a process has been implemented that allows the General Manager to approve extensions of up to 3 months on the due date of an internal audit recommendation. Any further extension can only be granted by the ARIC and must be reported to the ARIC prior to the due date being exceeded. The ARIC is satisfied both with this process and with the current focus that management places on implementing recommendations arising from internal audits as expediently as possible.

External Audit

The NSW Auditor-General has appointed Grant Thornton (GT) as their contract audit agent for the external financial audit of Cumberland Council. Representatives of the Audit Office and/or GT attend each meeting of the ARIC. The ARIC undertakes a general oversight role of Council’s response to the external auditors and the issues and risks that are highlighted through that process.

The ARIC commended Council’s Finance Team for an excellent effort on preparing a satisfactory set of financial statements. The ARIC reviewed the accounts, assumptions and notes to those accounts in detail, and Council achieved a good result. Issues raised in the audit were in line with common issues for all councils, such as asset management and asset valuations.

Enterprise Risk Management

The ARIC has continued to exercise broad oversight of risk management activities, which continue to become more complex and wide ranging.

The Committee impressed upon management the need to urgently address the review of risk management practices and the development of a single up to date Business Continuity Plan for the entire organisation; this significantly progressed during this period, with a comprehensive Risk Management Guidelines and Business Continuity Plan reported to the committee. Management have worked with Council to finalise a Risk Management Policy, which will importantly link the enterprise risk management framework with the strategic risk direction of the elected Council.

Council has taken significant steps to progressing these projects to deliver ultimately an integrated risk management system and culture across the new organisation. This is an ongoing task and will take some time. The ARIC received regular updates on the progress of these important projects throughout the year, and continues to place risk management as its highest priority.

A number of areas being improved have a common thread of requiring further development of Council’s primary finance and information system, TechnologyOne. Council has reported some difficulty in obtaining the system improvement support desired to advance these improvements at the rate desired. The ARIC has been kept briefed on the developments, impediments and actions being taken.

Council also continued its fraud control preparedness efforts by continuing to complete projects as identified by using the Fraud Control Improvement Kit developed by the Audit Office of NSW. Council also adopted a revised Fraud and Corruption Control Policy during the period, closely aligned with the abovementioned toolkit.

Legislative Compliance

There are often changes to legislation (including regulations) that control the activities of Council. This is a risk area for any council as there can be up to 150 separate pieces of legislation that can impact the operations of Council. Council has employed a General Counsel during this reporting period, and the ARIC expects to be more involved and receive more reports in this area moving forward.

Council Performance and Improvement

The ARIC has been briefed on actions taken by Council to consult with the community in delivering the Community Satisfaction Survey.

ARIC also noted Council’s performance against the benchmark indicators and ratios established by LG Professionals Councils Australasian Performance Excellence Program.

The ARIC also receives a range of reports and briefings from Council which relate to initiatives concerned with assessing and improving operational performance.

In addition, the Auditor-General also undertakes performance audits of both the NSW Local Government sector as a whole, and of individual councils. Those audits consider aspects of efficiency, effectiveness and economy. The ARIC receives briefings from Council on relevant aspects of those reports. Cumberland Council has been selected to participate in a performance audit in Procurement, along with other Councils. As Chairperson, I am kept up to date with this progress of this audit, which is likely to be tabled in Parliament in early 2020.

Committee Self-Assessment Process

In accordance with the ARIC charter, the Committee undertook a self-assessment process with the support of management, with the outcome reported to the September 2019 ARIC meeting. ARIC members (voting and non-voting) were invited to complete the online survey comprising of 32 questions. Overall, the results of the self-assessment survey were very positive, with an overall self-assessment rating of 82.1% effectiveness.

Audit, Risk and Improvement Committee Charter and Operations

The ARIC remains aware of the need to continually enhance the effectiveness of its operations. As part of this intent, the Chair of the Committee regularly attends briefings provided by the NSW Audit Office and the Office of Local Government to ensure that the Committee is aware of current and emerging issues.

The Chairman of the Committee also meets regularly with relevant Council staff to review the operations of the Committee and to collaborate on improvements to report quality information to the Committee. These meetings have proven particularly effective, with a range of new reports and initiatives being introduced as a consequence.

The Committee also holds regular in-camera meetings with the Internal Ombudsman, contracted internal audit provider and the external auditor, as well as the General Manager of Council.

The Committee considered the Charter at its recent meeting in September 2019. Given the Charter was adopted for a period of 2 years at the 18 October 2017 Council meeting, it is recommended that the Charter be re-adopted for a period of 2 years.

We have established the current ARIC Charter in anticipation of the expected approach to be proposed by the Office of Local Government, who has issued a draft discussion paper on a new Internal Audit and Risk Management Framework.

community engagement

There are no formal 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 directly associated with this report. The operations of an effective Audit, Risk and Improvement Committee help provide assurance to the ARIC that all foreseeable governance, risk, probity as well as business improvement matters are appropriately identified and addressed.

Financial Implications

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

CONCLUSION

The Audit, Risk and Improvement Committee has continued to make significant contributions to continuing improvements in internal control, fraud and corruption control, financial reporting and risk management. It also continues to meet its obligations as set out in the Committee Charter. The Charter imposes considerable responsibilities on the Committee which considers its contribution to good corporate governance within Council as a vital role.

Although this report has been submitted by me as the Chair of the Audit Committee, I would like to acknowledge the extensive, perceptive and effective contributions made by the other members of the Committee. The members of the Committee remain totally independent of management and ensure that they are free from conflicts of interest (with all declarations of external interests and relevant registers for Councillor Members maintained up to date).

While enjoying excellent relationships with key Council staff, members have drawn on a wide and varying range of experience and knowledge to participate in an enquiring, professional and robust manner through detailed and comprehensive questioning of attendees to assess their strategic and operational understanding of the topic under discussion or review, the quality of their responses and their assessment and management of associated risks and opportunities. Their extensive experience, strategic insights and approach, and their knowledge of current audit, financial and risk management and governance issues and developments, provide significant value to the Committee’s workings.

The Committee also acknowledges and appreciates the continuing excellent work undertaken by the Finance and Governance Directorate and the Executive Manager Corporate Services. The outcomes achieved and the improvements made in a variety of internal control areas reflect the dedicated efforts of Council staff.

The Committee remains strongly committed to working closely with the NSW Audit Office, and its contract audit agent, (Grant Thornton), Council’s Executive Team, Councillors and other stakeholders to continue to improve the efficiency and effectiveness of Council's operations including identification, assessment and management of risks and to protection of the Council from fraud, loss and/or corruption.

Attachments

1. Cumberland Council - Internal Auditors Annual Report 2018/19

2. Draft ARIC Charter - November 2019

3. ARIC Minutes 20 August 2018 (confidential)

4. ARIC Minutes 12 November 2018 (confidential)

5. ARIC Minutes 11 February 2019 (confidential)

6. ARIC Minutes 13 May 2019 (confidential)

Council Meeting

6 November 2019

Item No: C11/19-273

Minutes of the 10 September 2019 Cumberland Heritage Committee Meeting And Cumberland Local Heritage Awards 2019

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC481

Community Strategic Plan Goal: A resilient built environment

Summary

This report provides the minutes of the meeting of the Cumberland Heritage Committee held on 10 September 2019. The report also informs Council of the winners of Cumberland Local Heritage Awards 2019.

Recommendation

That Council:

1. Adopt the minutes of the Cumberland Heritage Committee held on 10 September 2019; and

2. Note the Cumberland Local Heritage Award 2019 winners and highly commended prize recipients.

Report

Background

The third Cumberland Heritage Committee (Committee) meeting for 2019 was held on 10 September 2019 at the Holroyd Centre, Merrylands. A number of agenda items were discussed at the meeting, including the display of Cumberland Council’s art and cultural items in the Council Chambers and the Cumberland Heritage Committee Term for 2020-2021.

In accordance with the Terms of Reference for the Committee, the minutes of the meeting have been documented and endorsed by the Convenor, and are hereby reported to Council (Attachment 1).

Cumberland Local Heritage Awards

Cumberland Council ran the Cumberland Local Heritage Awards in 2019 in accordance with the Cumberland Local Heritage Awards Guidelines. Entries to the Heritage Awards were open from 1 May 2019 to 14 June 2019. The Heritage Committee judged the award entries and nominated the winners and highly commended awardees during the Committee Meeting held on 2 July 2019.

List of Categories, Winners and Highly Commended - Local Heritage Awards

Categories	Description	Winners	Highly Commended Awards
Category 1	Best Maintained Heritage Property (Eligibility – owners of heritage listed properties)	Baby Health Centre, 8-12 Miller Street, Merrylands
Category 2	Restoration and Development (Including Adaptive Reuse) (Eligibility – owners of heritage listed properties)	Baby Health Centre, 8-12 Miller Street, Merrylands
Category 3	HistoResearch: researching our local history (Eligibility – high school students, individuals and groups)	Holroyd Local History Research
Category 4	Keeper of the Stone: Children’s Heritage Award Division 1 (Kindergarten to Year 2)	Ezel Hirlakoglu, Kindergarten, Amity College	· Emily Ramirez, Grade 2, St Peter Chanel Primary School · Tasneem Soueid, Grade 1, Amity College · Daniel Broz, Grade 2, St Peter Chanel Primary School
	Division 2 (Year 3 and Year 4)	Aleia Jaure, Grade 3, Sacred Heart Primary School Aleia Jaure will care for the Cumberland Heritage Stone for 12 months.	· Nasslei Dimla, Grade 3, Sacred Heart Primary School · Mena Nebhan, Grade 4, Amity College · Haidar Muhammad, Grade 4, Amity College
Category 5	Writing Competition (Eligibility – Years 5 to 6)	Rahed Nasseri, Grade 5, Amity College	· Mohammed Elmourad, Grade 6, Amity College
Category 6	Artwork Competition (Eligibility – Years Kindergarten to Year 6 and Years 7 to 12)	Group Entry Winners – Kindergarten to Year 6 · Tuhi Kabir, Kindergarten, Westmead Christian Grammar School · Michael Chrysanthou, Kindergarten, Westmead Christian Grammar School · Rishik Apparla, Kindergarten, Westmead Christian Grammar School · Janelle Adejoi Yeboah, Kindergarten, Westmead Christian Grammar School

Cumberland Local Heritage Awards Presentation Ceremony

A Presentation Ceremony was held on 10 September 2019 for the Cumberland Local Heritage Awards (Awards). The Awards winners/recipients and their families were invited to a reception at the Holroyd Centre. In addition to the Heritage Awards winners/recipients, the reception was also attended by members of the Committee and Councillors.

Community Engagement

In accordance with the terms of reference for the Heritage Committee, nominations for membership of the Cumberland Heritage Committee for 2020-2021 opened on 4 October 2019 and closed on 1 November 2019. A report on the nominations will be brought back to Council after the nominations have been reviewed.

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

The third meeting of the Cumberland Heritage Committee was held on 10 September 2019. The minutes of the meeting have been attached.

Attachments

1. Minutes – Cumberland Heritage Committee Meeting on 10 September 2019 (endorsed by Convener)

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