Agenda of Council Meeting - Wednesday, 3 February 2021

Councillor Contact Details

Granville Ward
Clr Steve Christou (Mayor)	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Greystanes Ward
Clr Eddy Sarkis (Deputy Mayor)	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@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 Paul Garrard	0414 504 504	Paul.Garrard@cumberland.nsw.gov.au
Clr Tom Zreika	0400 805 303	Tom.Zreika@cumberland.nsw.gov.au
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Wentworthville Ward
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au

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

Council Meeting

3 February 2021

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

C02/21-663 Minutes of the Ordinary Meeting of Council - 16 December 2020 5

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

Nil

Director Community and Organisation Development

C02/21-664 Disability Inclusion Action Plan 2017-2021 Progress Report....................................... 23

Director Finance & Governance

C02/21-665 Investment Report - December 2020......... 47

C02/21-666 Council Meeting Schedule 2021................ 71

C02/21-667 Update on Approved Mayoral Community Fund Applications..................................... 75

C02/21-668 Report on Outstanding Council Resolutions 81

C02/21-669 Bi-Annual Report on Councillor Expenses and Facilities............................................ 91

C02/21-670 Finalised Internal Audit into Councillor Expenses............................................... 103

C02/21-671 Outcome of Lease Negotiations - Oriole Park Site........................................................ 143

Director Environment & Planning

Nil

Director Works & Infrastructure

C02/21-672 Response to Notice of Motion - Skate Park in Greystanes............................................. 147

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

Nil

12 Notices of Rescission

Nil

13 Questions on Notice

Nil

14 Closed Session Reports

C02/21-673 Approval of Contract - Procurement Exemption

Note: Included in Closed Council in accordance with Section 10A(2)(d)(i) of the Local Government Act as the information involves commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

15 Other / General Matters

16 Close

Council Meeting

3 February 2021

Item No: C02/21-664

Disability Inclusion Action Plan 2017-2021 Progress Report

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development

File Number: 8539917

Community Strategic Plan Goal: A safe accessible community

Summary

This report provides Council with a progress report for the Cumberland Disability Inclusion Action Plan 2017-2021 and provides an update on the requirements for the development of a new Disability Inclusion Action Plan.

Recommendation

That Council:

1. Receive and note the progress report on the implementation of the Cumberland Disability Inclusion Action Plan 2017-2021.

2. Note the new deadline for the development of a new Disability Inclusion Action Plan to be 1 July 2022; and

3. Receive and note the extension of the current Cumberland Disability Inclusion Action Plan for one year to 30 June 2022.

Report

The Cumberland Disability Inclusion Action Plan 2017-2021 was adopted by Council on 7 June 2017 and is a legislative requirement under the Disability Inclusion Act 2014 (DIA). It consists of four focus areas to be actioned over the four years.

The Plan was developed in line with the legislative requirements under the Disability Inclusion Act 2014 (DIA) and consists of four focus areas to be actioned over the four years:

Focus Area 1: Positive Attitudes and Behaviours

Council encourages positive and inclusive staff behaviours and a respectful community attitude towards people with disability.

Focus Area 2: Liveable Communities

Council contributes to and advocates for a liveable and welcoming Cumberland, where community spaces, neighbourhoods and facilities promote health, happiness and wellbeing and contribute to social connectedness.

Focus Area 3: Employment

Council maintains its commitment to equal employment and workplace opportunities as well as reducing barriers for current and future employees.

Focus Area 4: Systems and Processes

Council encourages a culture of continuous improvement and inclusion to provide easy access to Council information, services and facilities.

A detailed progress report on the 3 years is included under Attachment and a summary of progress is provided below.

· Out of the 54 actions outlined in the plan, 43 actions have either been completed or commenced implementation during years 1, 2 and 3.

· 79% of all actions are currently ‘On Track’ (12 actions) or ‘In Progress’ (13 actions) or have been completed (18 actions).

· 11 actions have been identified for implementation during year 4.

Council has been informed the state government has extended the current cycle and deadline for Councils to have developed a new Disability Inclusion Action Plan to 1 July 2022. New guidelines, resources and the new State Disability Inclusion Action Plan are currently being developed.

The extension provides an additional 12 months to complete any outstanding items and to allow Council to develop a Community Engagement Plan which allows accessible consultation in a COVID safe manner during the consultation period.

Community Engagement

An accessible, inclusive and COVID safe community engagement plan will be developed to allow consultations to be undertaken on the development of a new Disability Inclusion Action Plan.

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

This report provides the progress on the implementation of the Cumberland Disability Inclusion Action Plan 2017-2021 to year 3 and provides an update on the new deadline provided to Council’s for the development of a new Disability Inclusion Action Plan.

Attachments

1. Cumberland Disability Inclusion Action Plan 2017-2021 Progress Report - Year 3

Council Meeting

3 February 2021

Item No: C02/21-665

Investment Report - December 2020

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: A-05-01/05

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This is a report from the Director Finance & Governance providing an update on the performance of Council’s investment portfolio to 31 December 2020.

Recommendation

That Council receive the 31 December Investment Report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for the month, year-to-date to 31 December 2020 and an update of the investment environment.

Council Investments as at 31 December 2020

Council’s investment portfolio has a current market value of $145,727,125. This represents a premium of $1,429,123 above the face value of the portfolio being $144,298,002 and generates a 1.34% average purchase yield. The following table reflects Council’s holding in various investment categories.

Investment Portfolio Performance

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

Performance – Current Month 31 December 2020

For the month of December, Council‘s portfolio generated interest earnings of $169,484. This is $36,151 higher than the budget of $133,333 and outperformed the AusBond Bank Bill Index by 0.08%, as detailed below:-

Performance – Year-to-date 31 December 2020

For the year-to- date, Council‘s portfolio generated interest earnings of $1,309,208. This is $295,895 higher than the budget of $1,013,313 and outperformed the AusBond Bank Bill Index by 1.13%, as per below:-

Community Engagement

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

Policy Implications

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

Risk Implications

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

Preservation of Capital

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

Diversification

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

Credit risk

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

Maturity risk

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

Financial Implications

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

CONCLUSION

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

Attachments

1. Investment Report December 2020

2. Investment Portfolio Commentary December 2020

Council Meeting

3 February 2021

Item No: C02/21-666

Council Meeting Schedule 2021

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: 8671572

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends Council adopt the Council Meeting Schedule for 2021.

Recommendation

That Council adopt the Council Meeting Schedule as outlined in the report.

Report

In accordance with Council’s adopted Code of Meeting Practice, Ordinary Council meetings are held generally on the first and third Wednesday of each calendar month, with the exception of January where no meetings are held. Council is required to meet at least 10 times in a calendar year.

Given the Local Government Elections are being held on Saturday 4 September 2021, it is recommended that Council review the Ordinary Council meeting dates for September 2021, as there is a meeting scheduled to be held on Wednesday 1 September 2021 under the current approach, just three days prior to election day.

In the past, the declaration of results occurs approx. 5-6 days following election day. In between this and the first Council meeting, elected Councillors are contacted by the General Manager, and must undertake the Councillor Oath of Office and commence undertaking the Councillor Induction process.

Therefore, it is proposed that the first Ordinary Council for the new Council term be held on 22 September 2021. It is proposed that Council hold the Oath of Office ceremony on Wednesday the 15^th September 2021. It is proposed that the first Council meeting in September is removed from the schedule given the close proximity to election day. This will mean that the final scheduled Ordinary Council meeting for this Council term will be held on 18 August 2021.

Therefore, it is recommended that Council adopt the following meeting Schedule for 2021:

Wednesday 3 February 2021

Wednesday 17 February 2021

Wednesday 3 March 2021

Wednesday 17 March 2021

Wednesday 7 April 2021

Wednesday 21 April 2021

Wednesday 5 May 2021

Wednesday 19 May 2021

Wednesday 2 June 2021

Wednesday 16 June 2021

Wednesday 7 July 2021

Wednesday 21 July 2021

Wednesday 4 August 2021

Wednesday 18 August 2021

Wednesday 22 September 2021 (Mayoral Election)

Wednesday 6 October 2021

Wednesday 20 October 2021

Wednesday 3 November 2021

Wednesday 17 November 2021

Wednesday 1 December 2021

Wednesday 15 December 2021

Community Engagement

The Council meeting schedule if adopted will be updated on Council’s website.

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

Adoption of this report recommendation will ensure a considered and smooth process is undertaken to introduce and induct Councillors at the start of the new Council term. It is recommended the report recommendation be adopted.

Attachments

Nil

Council Meeting

3 February 2021

Item No: C02/21-667

Update on Approved Mayoral Community Fund Applications

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: 8281543

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on Mayoral Community Fund applications approved since the previous update provided at the 18 November 2020 Council meeting.

Recommendation

That Council receive the report.

Report

The report outlines the details of Mayoral Community Fund applications approved since the previous update provided, in accordance with the Council resolution made at the Ordinary Council meeting held on 3 June 2020, Min. 720:

“That Council re-adopt the Mayoral Community Fund Guidelines and that all grants be reported to Council at the next Ordinary Council Meeting.”

Details of each approved application can be reviewed in the attachment provided.

Community Engagement

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

Policy Implications

The approved applications are in accordance with the Council endorsed Mayoral Community Fund Guidelines.

Risk Implications

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

Financial Implications

The Mayoral Community Fund is budgeted at $30,000 per annum. This approved application is budgeted from this annual budget.

CONCLUSION

Mayoral Community Funding was granted to five applicants since the previous update provided at the 18 November 2020 Council meeting.

Attachments

1. Approved Mayoral Community Fund Applications

Council Meeting

3 February 2021

Item No: C02/21-668

Report on Outstanding Council Resolutions

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: SC492

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report presents to Council the current list of outstanding Council resolutions.

Recommendation

That Council receive the report.

Report

This report provides Council an update on the current outstanding Council resolutions. A total of 39 resolutions are currently in progress.

The list of outstanding Council resolutions and a status update is provided as Attachment 1 to this report.

Year	Resolutions Passed	Resolutions Enacted/Completed	Resolutions in Progress
2017	150	150	0
2018	258	258	0
2019	328	324	4
2020	314	279	35

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

This report provides Council with added transparency in relation to the progress of outstanding Council resolutions.

Financial Implications

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

CONCLUSION

The update on outstanding Council resolutions is provided for the information of Council.

Attachments

1. Outstanding Council Resolutions

Council Meeting

3 February 2021

Item No: C02/21-669

Bi-Annual Report on Councillor Expenses and Facilities

Responsible Division: Finance & Governance

Officer: Director Finance and Governance

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

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on Councillor Expenses and Facilities Expenditure for the period of 1 July 2020 to 31 December 2020, in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

Recommendation

That Council:

1. Receive the information contained in this report; and

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

Report

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

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

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

Attachment 1 of this report outlines the provision of expenses and facilities to individual Councillors, as well as the total expenses and facilities provided to all Councillors for the period of 1 July 2020 to 31 December 2020 in accordance with the Councillor Expenses and Facilities Policy.

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

All expenses and facilities detailed in Attachment 1 were budgeted in the 2020/21 budget.

CONCLUSION

The report on Councillor Expenses and Facilities Expenditure for the period of 1 July 2020 to 31 December 2020 has been finalised and is tabled for Council’s information in accordance with the provisions of Council’s adopted Councillor Expenses and Facilities Policy.

Attachments

1. Councillor Expenses and Facilities Expenditure

Council Meeting

3 February 2021

Item No: C02/21-670

Finalised Internal Audit into Councillor Expenses

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: 8674360

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides for Councils information the independent Internal Audit report on Councillor expenses reimbursement. The Audit was undertaken by BDO Australia, Council’s independently appointed Auditor.

Recommendation

That Council:

1. Receive the report.

2. Note the General Manager will immediately implement the recommendations of the report.

Report

The engagement of Council’s Auditor, BDO Australia focused on gathering facts and evaluating claims against the Councillor Expenses and Facilities Policy stated financial thresholds. The Audit also required the auditor to undertake an assessment as to whether or not the nature of the claims were reasonable and relative to civic duties. The Audit was led by the Executive Director, Advisory – Forensic Services at BDO Australia. The auditor has previous experience in conducting such audits, both for Councillors and Parliamentarians.

The Audit was requested by the General Manager, after an article was published by the Sunday Telegraph on 31 October 2020, which reported allegations of inappropriate use of councillor expenditure by Councillor Ola Hamed.

Given this media could lead to significant reputational risk for the organisation, the audit was commissioned by the General Manager to review Council’s practices with respect to the management of reimbursement claims.

The Audit was undertaken in 4 phases:

1. Investigation preliminaries – planning the engagement and data preparation;

2. Compliance of Councillor claims against the Policy;

3. Examine the reasonableness of expenses and relation to civic duties; and

4. Analysis of carer expense claims made under the Policy.

The findings of the audit along with the relevant references from the audit are provided below:

3.5 Findings

Carer expenses

3.5.1 The carer expenses for which Official Business per the Policy was identified, either via the Governance team or via the Councillor are in line with official business, have a lawful purpose, are for public interest (Council meetings / briefings / workshops /meetings with residents / other Council events), and are not for re-election purposes.

3.5.2 For 25.7 hours of child care claimed, no Official Business was identified in the scope and timeframe of this engagement, either via the Governance team or the Councillor’s records. It should be noted that 21.7 hours of these 25.7 hours were claimed in the first half of calendar year 2018. Clr. Hamed informed us she has limited information available for the first half of 2018 (e.g. no calendar records).

Yearly Policy thresholds

3.5.4 Regarding Table 3.4 above, we note:

· All Councillors’ expenses for the Period (including carer expenses) are within the allowable yearly thresholds detailed in the Policy, with the exception of the General Travel expenses of Clr. Sarkis for the period of July 2019 to June 2020.

· Clr. Sarkis claimed a total amount of travel expenses of $4,973.46 during the period of July 2019 to June 2020, which exceeds the allowable yearly threshold of General Travel expenses of $3,000 per Councillor per year (refer to Table 2.1).

· In a meeting with BDO on 27 November 2020 at 11 am, Clr. Sarkis advised the increased travel expense from July 2019 to June 2020 was due to his role as a Deputy Mayor. This required him to attend more events, as part of Mayoral civic duties. Therefore his travel increased substantially compared to previous periods where he was a Councillor only and was not in the role of Deputy Mayor.

· The Policy does not allow the Deputy Mayor to spend more than other Councillors.

· 3.5.5 Detailed findings regarding sampled items are contained in the right most column of Table 3.5. Further, we note:

· Clr. Hamed’s phone billing (see Appendix 38, page 11), where there are two (2) mobile services stated in the supplied billing statement:

o leasing contract for Samsung Galaxy Note 10 + 5G - 512GB storage ($82.79 per month); and

o Additional mobile plan data ($60.00 per month).

· It is also stated in the billing statement that the device/leasing contract is for $1,987.00 (incl. $180.64 GST), or $82.79 per month over 24 months.

· With this arrangement, it appears the Council has been paying for Clr. Hamed’s handset.

· According to Section 6.30 in the Policy, it is stated that Council will reimburse a Councillor to retain an existing mobile phone account up to a maximum of $150.00/month for the cost of calls and/or mobile data. The Policy does not mention handset leasing within contracts.

· The Policy further states that expenses not explicitly addressed in the Policy will not be paid or reimbursed.

· This means that, according to the Policy, claiming expenses for a handset or an additional phone plan is not allowable.

· In an email on 2 December 2020, Clr. Hamed stated that “I spoke with the GM who indicated this would be appropriate (…) It was indicated to me that the policy did not prohibit entering into such contract therefore it would be appropriate.”

· As per Clr. Hamed’s telephone billing period 9 July 2019 – 8 August 2019 (see Appendix 38), Clr. Hamed received an adjustment from Telstra of $160 to her monthly expense of $144.65, adding up to a $14.63 credit. The amount claimed for this bill was $144.65 from CCC. Ms Hamed stated in an interview on 30 November 2020 that this credit note was to rectify an earlier double payment.

· In an email on 2 December 2020, Clr. Hamed stated that “the commitment made with Telstra is a minimum of $149 monthly (approx.). This is the council related expense I incur per month over a 2 year period. If you calculate the monthly spend to date, it is in line with the policy. There might be some variances over some months but over the term of the contract the final minimum figure will not change.”

· All Councillors’ telephone expenses for the Period are within the allowable monthly thresholds detailed in the Policy.

Timeframe for expense claims

· According to the Policy, Councillors must provide claims for reimbursement within three (3) months of an expense being incurred. Claims made after this time cannot be approved.

· Some of the Councillors’ claims were made and approved more than three months old from the transaction date, as included in Appendix 22, Appendix 38, Appendix 44, Appendix 45, Appendix 46, and Appendix 47, which is in breach with the Policy.

The audit notes that there was no evidence to suggest that a number of Councillor provided statements in justifying claims in question were factual, particularly references to meetings held or alleged verbal approvals provided for claims which named specific staff members or positions. Instead, it was noted that these responses were the verbal recollection of the Councillor. It is also notable that it has not been Council’s practice at any period during this Council term to conduct staff meetings with Councillors following Council meetings.

In addition, the General Manager has advised that he has no recollection of a discussion regarding Councillor Hamed’s telephone plan.

It is also noted that when being made aware of the overclaim by the Auditor, Councillor Sarkis contacted the General Manager requesting to be issued an invoice to reimburse Council in accordance with the Councillor Expenses and Facilities Policy.

Any staff personally named in this report have been redacted. The report is now provided for Council’s information. The General Manager will ensure immediate implementation of the recommendations, and a copy of the report will be provided to Council’s Audit, Risk and Improvement Committee for oversight and comment.

Community Engagement

There are no consultation processes for Council associated with this report. The report has been provided in open session to promote transparency, good governance and accountable leadership.

Policy Implications

The Councillor Expenses and Facilities Policy is now due for review. The recommendations in this report are suggested to be considered and be included into the revised Policy when drafted.

Risk Implications

There are reputational risk implications for Council with respect to some of the findings contained within this report. It is recommended that the better practice recommendations outlined are implemented upon review of the Councillor Expenses and Facilities Policy.

Financial Implications

The cost of this audit was $20,000, and was funded from Council’s budget for internal audit. In order to complete the planned audits for this financial year, a budget adjustment has been recommended at the quarterly budget review.

CONCLUSION

The Audit into Councillor Reimbursement Expenses has now been finalised and is provided to Council for information.

Attachments

1. Councillor Expenses Audit - BDO Australia

Council Meeting

3 February 2021

Item No: C02/21-671

Outcome of Lease Negotiations - Oriole Park Site

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: 8678941

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council an update on the finalised lease negotiations for the lease of the former Oriole Park Baseball stadium site.

Recommendation

That Council:

1. Enter into an Agreement for Lease with Western Sydney Wolves over the site area outlined in this report for a period of 18 months, contingent on funding being sought to deliver the project based on an approved program of works and relevant planning approvals.

2. Subject to a Plan of Management being adopted which incorporates the site, enter into a lease for 20 years with Western Sydney Wolves for a commencing annual rent amount of $505 per annum in lieu of the capital works program being undertaken; and

3. Delegate authority to the General Manager to finalise the agreement documentation.

Report

At the Ordinary Meeting of Council held on 19 August 2020, it was resolved (Min. 811) that Council:

“1. Note the potential uses for the site submitted by proponents through the Expression of Interest Process;

2. Accept in principle the submission made by the Western Sydney Wolves as the use conforms to the zoning of the site;

3. Further negotiate the final terms of the proposal and a 20 year lease; and

4. Receive a further report in future outlining the results of the negotiation process.”

Subsequently, Council has continued to meet and negotiate with Western Sydney Wolves with an aim of reaching an agreement. Currently, the Western Sydney Wolves require an Authority for Lease document to be entered into prior to them applying for funding from the NSW Government.

It is important to note that any proposed lease would be contingent on this funding being granted, and if the funds were not granted, the proposed agreement would terminate immediately.

Further, part of Oriole Park is Crown Land and requires a Plan of Management to be adopted before the granting of a long term lease. Council is currently working through this process. It is proposed as part of these negotiations, that a short time licence agreement of up to 18 months be approved to enable the Western Sydney Wolves to apply for funding and submit a Development Application. The lease is proposed to commence once the generic parks Plan of Management is adopted by Council and endorsed by the Minister, estimated late 2021.

The agreement for lease and lease amount would be at an annual commencing rent of $505 per annum, in line with the minimum Crown Land rent. This amount recognises the significant amount of Capital Works proposed on site. This amount also recognises that at the end of any tenure over Crown Land, that the development transfers to Council as the owner of the land/Crown Land Manager.

Council is currently in negotiations with Nokia and Vodafone with respect to the relocation of the existing Telecommunications tower and infrastructure. Should this infrastructure not be able to be moved, Council will adhere to the outline shown below as closely as possible in preparing the agreement. The total lease area requested by Western Sydney Wolves is 30,000sqm.

Community Engagement

Council will provide 28 days public notification of the proposed lease. Should there be opposition to the proposal, a report will be provided back to Council for determination.

Policy Implications

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

Risk Implications

There are risks associated with the Western Sydney Wolves not being to obtain funding, which would limit the community benefit on site. This will be mitigated by making the formal lease commencement contingent on funding and development approval.

Financial Implications

Whilst Council will receive a minimal lease charge per annum, the capital works being undertaken on site are significant and the asset will transfer to Council at the termination of the lease.

CONCLUSION

Council has now negotiated terms with the Western Sydney Wolves, in accordance with the previous Council resolution. It is now recommended that Council endorse the report recommendation.

Attachments

Nil

Council Meeting

3 February 2021

Item No: C02/21-672

Response to Notice of Motion - Skate Park in Greystanes

Responsible Division: Works & Infrastructure

Officer: Director Works & Infrastructure

File Number: HC-20-02-15

Community Strategic Plan Goal: A great place to live

Summary

This report provides a response to the Notice of Motion – Skate Park in Greystanes (Min. 487) raised at the Council Meeting of 1 July 2020.

Recommendation

That Council endorse in principle the co-location of a Skate Park within the Guildford Pool complex, subject to the outcome of the community engagement process.

Report

Background

At the Ordinary Meeting of Council on 1 July 2020, a Notice of Motion (Min. 487) was raised regarding identifying a location for a skate park in the Greystanes area. In considering this item Council resolved the following:

“That Council advise on previous reports with respect to a skate park in the Greystanes area as this has been ongoing for some years, identifying appropriate locations for the same”.

Open Space and Recreation Strategy

Cumberland City Council’s Open Space and Recreation Strategy identifies that skate and youth precincts provide for both active recreation and space such as skate parks, BMX tracks, and youth plazas. It is best practice to design spaces for safety and co-locate with indoor sports or youth centres, provide amenities, seating, shelter, lighting, shade and bins and locate facilities close to public transport, shops and schools. Cumberland has an existing skate area at Granville Park, Merrylands and an expression of interest has commenced for a regional skate park facility at Wyatt Park.

Industry benchmarks indicate that one regional level youth recreation space should be provided per 50,000 people as a minimum. Cumberland is under-supplied for youth recreation spaces with benchmarking indicating at least four additional regional facilities needed by 2026. A neighbourhood skate park in the Greystanes Ward or Prospect Electorate would provide a geographic spread of facilities, for wheeled sport participants and youth across the Cumberland Local Government Area.

Summary Analysis of Potential Skate Park Locations

Assessment of suitable locations commenced in 2017 including community engagement. Attachment 1, 2, 3 and 4 provide the relevant reports for the following identified locations; Bathurst Street Park, Greystanes Sportsground, Dirrabari Reserve, Darling Street park. These locations were considered unsuitable for a skate park due to the lack of security, access to amenities and impacts on neighbours. The consultants undertaking the assessment also eliminated the following sites in an initial feasibility study; Alpha Road Park, Hyland Road, Nemesia Street Reserve, Roberta Street Park.

Assessment of further sites identified through a Councillor workshop in December 2018 considered the following locations; Civic Park, CV Kelly Park, Daniel Street Park, Gipps Road Sportsground, Girraween Park, Harold Read park, Pendle Hill Park. A summary of staff assessment is provided in Attachment 5. The Gipps Road Sportsground was considered appropriate against the key criteria of security, access to amenities and impacts on neighbours. An assessment of potential locations was undertaken and is provided in Attachment 6 identifying two locations.

A summary of skate park location analysis between 2017 to 2020 is provided in attachment 7.

Proposed Skate Park Location Guildford Swimming Pool

An unsuitable skate bowl was filled in and converted to open space in 2015 at Guildford swimming pool following a Council resolution considering the low utilisation and the high skill level required to safely use the facility. A high-level assessment provided below, identifies this location is the most suitable considering the same criteria as the previous reviews.

Table 1. Location assessment against key criteria

Opportunities

Constraints

· Open space, level turf area

· Appropriate size for Neighbourhood- District level skate park (approx. 700sqm area)

· No flooding or easements

· Good natural surveillance from Tamplin Road and through from Fowler Road and surrounding facilities

· Co-located facilities/multi-use space

· Shade provision

· Access to pedestrian pathways

· Potential cycle link connections to future Pipeline Corridor

· Close proximity to Public Transport- bus service on Guildford & Tamplin Roads

· Parking availability through co-located facilities

· Space for temporary seating and associated infrastructure for events

· Emergency vehicle access (double gate located at rear)

· Close proximity to food/drink services at Pool facility

· Proximity to youth interest areas (swimming pool, sportsground)

· Distance from amenities and parking

· No connection to existing cycle links

· No existing designated seating and viewing areas

· Not in proximity to major community centre or schools

· Proximity to residences

The location identified is the open space area at the back of Guildford Swimming Pool below. There is a significant capital project endorsed for the modernisation of Guildford Swimming Pool, it is relevant to connect both projects.

Figure 1 - Proposed skate park location Guildford Swimming Pool

Modernisation of Guildford Swimming Pool

In December 2017 Council endorsed a modernisation capital program including Guildford Swimming Pool (Pool). The Pool is highly utilised throughout the year with a large learn to swim enrolment, active Swimming club and regular recreational swimmers. The Pool currently does not comply with the guidelines for water reticulation, the outdoor pool has significant structural issues and is leaking continuously, there are significant accessibility constraints and low water sight lines. A detailed assessment was undertaken in 2013 and the consultant report is provided in Attachment 8. Since 2013 urgent works were undertaken to the roof structure however the roof purlins were not replaced, and the roof continues to leak.

It is recommended to finalise concept and designs for Guildford Pool which incorporate a skate park.

Community Engagement

Community engagement for the skate park was undertaken in 2017 and 2018, the reports are provided in Attachment 1 and 4. If this recommendation is endorsed, further community engagement is recommended on both the Guildford Swimming Pool modernisation project and the proposed co-location of the skate park.

Policy Implications

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

Risk Implications

There are financial risks if either project is not adequately scoped, costed and community engaged prior to commencement of detailed design and construction.

Financial Implications

An estimate of $250,000 will be required to commence the project planning and concept design phase, which will be recommended for inclusion in the Capital Works program 2021/22.

CONCLUSION

This report provides a summary of the analysis of locations for a skate park in Greystanes and identifies a new location in Guildford Swimming Pool for consideration. The Guildford Pool location addresses key criteria for a skatepark including security, access to amenities and impacts on neighbours. The Modernisation of Guildford Swimming Pool project is recommended to commence with engagement, planning and concept design.