Council Meeting

 Wednesday, 7 October 2020 at 6:30pm

 

Cumberland City Council Chambers

 

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

 

 7 October 2020

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

C10/20-561     Minutes of the Ordinary Meeting of Council - 16 September 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

Nil

       Director Finance & Governance

C10/20-562     Annual Disclosure of Pecuniary Interest Returns for Councillors & Designated Persons................................................................................................. 21

C10/20-563     Update on Approved Mayoral Community Fund Applications.... 23

C10/20-564     Requests to Grant Easements through Council Land.................. 29

C10/20-565     Adoption of Data Breach Response Policy..................................... 33

C10/20-566     Monthly Management Accounts August 2020............................... 45

       Director Environment & Planning

C10/20-567     Public Benefit Offer for 75-77 Merrylands Road, Merrylands...... 53

C10/20-568     Draft Bush Fire Prone Land Maps for Cumberland City............... 63

       Director Works & Infrastructure

C10/20-569     Pemulwuy Greystanes Bushfire Management Plan..................... 71

10   Reports of Council Committees

C10/20-570     Quarterly Progress Report on Council Consultative and Advisory Committees 121

C10/20-571     Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 14 September 2020................................................................................. 139

C10/20-572     Cumberland Traffic Committee - Minutes of the Electronic Meeting held in September 2020................................................................................. 149

11   Motions Pursuant to Notice

C10/20-573     Notice of Motion - Construction of Footpaths............................... 279

12   Notices of Rescission

Nil

13   Questions on Notice

C10/20-574     Questions on Notice - Submitted by Councillor Lake................. 281

14   Closed Session Reports

C10/20-575     Min.764 - Further Response to Notice of Motion

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

C10/20-576     Outcome of Expression of Interest Process - Lane Street and Veron Street Wentworthville

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

C10/20-577     Tender Evaluation Report - Parramatta Road Urban Amenity Improvement Program (Construction Works)

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.

15   Other / General Matters

16   Close

 

 

 7 October 2020

 

Item No: C10/20-561

Minutes of the Ordinary Meeting of Council - 16 September 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

  

 

 

Recommendation   That Council confirm the minutes of the Ordinary Meeting of Council held on 16 September 2020.

 

1.      Draft Minutes - 16 September 2020   

 

Attachment 1

Draft Minutes - 16 September 2020

 7 October 2020

 7 October 2020

 

 

 

Item No: C10/20-562

Annual Disclosure of Pecuniary Interest Returns for Councillors & Designated Persons

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    SC686

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

 

 

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

 

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

 

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

 

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

 

“·  the general manager

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

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

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

 

Accordingly, the returns for the period ended 30 June 2020 are tabled for information. It is noted that all Councillors and Designated Persons lodged their completed return in the prescribed format by the due date.

 

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

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

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

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

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

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

 

Nil

 

 7 October 2020

 

 

Item No: C10/20-563

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  

 

 

This report provides an update on Mayoral Community Fund applications approved since the previous update provided at the 5 August 2020 Council meeting. 

 

Recommendation That Council receive the 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.

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

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

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

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

Mayoral Community Funding was granted to one applicant since the previous update provided at the 5 August 2020 Council meeting.

 

1.      Mayoral Community Fund Report   

 

Attachment 1

Mayoral Community Fund Report

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-564

Requests to Grant Easements through Council Land

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    8448180

Community Strategic Plan Goal:  A resilient built environment  

 

 

 

This reports recommends that Council grant two easement requests associated with separate Development Applications, in accordance with their approved Development consent conditions.

 

Recommendation   That in accordance with S. 377 (1)(h) of the Local Government Act 1993, Council approve the creation of an easement to the rear of 14 Emert Street, Wentworthville and 25 Brunswick St, Granville through part of Council land in accordance with their respective Development Application approvals, subject to an independent valuation and compensation being paid to Council.

 

 

Development Application: DA2019/352/1 – 14 Emert St Wentworthville

 

The development application, DA2019/352/1 for 14 Emert Street, Wentworthville (Lot 7 DP 21675) was deferred commencement approved by Council on 4 November 2019. The proposal sought approval for demolition of existing structures, construction of one single storey dwelling and one two storey dwelling to form a detached dual occupancy and associated strata title subdivision. The site has a fall of approximately 2.98m from front to rear.

 

Development Engineering Team Assessment

 

As part of the assessment of the development, a referral was made to Council’s Development Engineering Department for review. Following this review Council’s Development Engineer recommended that the following deferred commencement conditions, relating to stormwater discharge to Council’s property, be imposed on the development:

 

Stormwater Discharge and Drainage Easement

 

1.  An easement to drain stormwater in favour of 14 Emert Street, Wentworthville (Lot 7 in DP 21675) must be created over the adjoining Council property (Park) of No. 83 Dunmore Street (Lot 1 of DP 117679) generally in accordance with the plans by Complete Construction Consulting Engineers Pty Ltd (Refer to Job No. 043/19 Drawings SW1/a dated 04/09/2019) to permit stormwater discharge into the kerb and gutter located at Dunmore Street. The Drainage easement through Council’s Park will need to be approved by Council’s Parks and Recreation unit prior to registration with the NSW Land Registry Services.

2.  Documentary evidence of registration with the NSW Land Registry Services of a surveyed title plan on the burdened lot and the terms of the drainage easement must be submitted to Council for approval prior to this development consent becoming operational.

Development Application: DA2019/279 - 25 Brunswick Street, Granville

 

The development application, DA2019/279 for 25 Brunswick Street, Granville (Lot 4 DP 233185) was deferred commencement approved by Council on 23 June 2020. The proposal sought approval for Alterations and additions to existing dwelling and construction of a secondary dwelling (granny flat) within the rear yard. The site has a fall of approximately 3.43m from front to rear.

 

The existing developments adjoining the site include single and two-storey dwelling houses. The developments immediately surrounding the subject site include low density residential dwelling houses. The Duck Creek and Illoura Reserve is also located towards the northern adjoining boundary of the subject site.

 

Development Engineering Team Assessment

 

As part of the assessment of the development, a referral was made to Council’s Development Engineer Department for review. Following this review Council’s Development Engineer recommended that the following deferred commencement conditions, relating to stormwater discharge to Council’s property, be imposed on the development:

 

Stormwater Discharge and Drainage Easement

 

1.   Necessary drainage easement(s) shall be created in favour of the property/lots to be developed over all required downstream properties, to permit the legal disposal of stormwater to Duck Creek. Documents relative to the creation of the easement(s) shall be lodged with NSW Land Registry Services, with registration being effected prior to Schedule “B” conditions becoming operational.   All costs associated with the creation of the easement shall be borne by the applicant.

 

Cumberland Council shall be nominated as an authority to vary or modify the easement. The easement documents shall be submitted to and approved by Council, prior to lodge with NSW Land Registry Services.

The proposed easements will be subject to a public notice process in accordance with the Local Government Act 1993.

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

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

All costs relating to the proposed easements will be borne by the applicants. This includes compensation payable to Council as a result of burdening Council’s land. The level of compensation is determined by an independent valuer that Council appoints.

These two proposed easements have been approved by Council’s engineering team, as there are no viable alternatives for the property owner. It is recommended that Council endorse these two easements being granted, in accordance with the current DA conditions.

 

Nil

 

 7 October 2020

 

 

Item No: C10/20-565

Adoption of Data Breach Response Policy

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    7923162

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report recommends the adoption of the Draft Data Breach Response Policy following a period of public exhibition.

 

Recommendation That Council adopt the Data Breach Response Policy as outlined in Attachment 1 of this report.

 

 

The Data Breach Response Policy accords with the best practice guidelines and principles issued by the Office of the Australian Information Commissioner (OAIC).

 

The document sets out the processes to be followed by Council in the event that a notifiable data breach incident occurs or is suspected to have occurred. A data breach involves the loss of, unauthorised access to, or unauthorised disclosure of, personal information.

At the 19 August 2020 Ordinary Council meeting, Council resolved to place the Draft Data Breach Response Policy on public exhibition for community feedback (Min. 800).

Subsequently, Council received no submissions during the public exhibition period. It is now recommended that the Data Breach Response Policy be adopted by Council as outlined in Attachment 1 of this report.

Council publicly exhibited the Data Breach Response Policy for a period of 28 days from 28 August 2020 to 25 September 2020 both on Council’s website and in local newspaper publications. No submissions were received.

There are no policy implications for Council associated with this report as this is a new Policy.

By adopting the Data Breach Response Policy, Council will be implementing robust processes and control mechanisms for the management of potential data breaches.

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

 

Council has publicly exhibited the Data Breach Response Policy for 28 days. No submissions were received during consultation. The Policy is now recommended for adoption.

 

1.      Data Breach Response Policy   

 

Attachment 1

Data Breach Response Policy

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-566

Monthly Management Accounts August 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    HC-06-13-22

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

The purpose of this report is providing increased transparency around the financial performance of Council’s directorates.

 

Recommendation That Council receive the information contained in this report.

 

 

The following is the year-to-date (YTD) August 2020 report for Council and attached are the directorate reports. The following table provides a summary of YTD Actual against approved budget. The Actual YTD is favourable to the approved budget by $4.0 million as at 31 August 2020. There was a reduction in the favourable variance by $0.5m from July due to the reversal of some timing differences as identified in the last report.

 

Council adopted, on 20 May 2020, a financial recovery strategy that requires Employee savings of $4.5m for the year and a delay in capital of $15m. The only portion of the August variance that can be included as genuine savings is the Employee Costs saving of $1.1m, which is 25% of the target. This saving is still in line with expectation, as excess leave savings, which are $2m of 4.5m, can be only achieved in the first 3 months during the COVID-19 restrictions. Once we reach summer months, there will be no likely savings due to work demands.

 

The remaining budget variances are timing differences as discussed below and will not assist in budget recovery. They will need to be monitored and reported against in the Quarterly Review. Council has also received a prepaid Financial Assistance Grants (FAGs) grant of $3.9m, which remains a financial challenge that must be kept in mind as the financial year continues.

 

 

Discussion August Year-to-date

Operating Income YTD $152.4m, $2,262m higher than budget.

There are three large variances which offset each other and contribute to the $2,262m budget result:

·    Waste Fees $1.2m – The variance relates to additional levies for Waste, which is often due to residential growth. This income will be offset over the year with additional Waste costs to fund the increases in services. The net proceeds from Waste are allocated to the Waste Reserve.

·    Rates Income $0.2m – Higher due to carry over from previous years for supplementary rates.

·    Operating Grants $0.9 m – Offset by lower user fees for Childcare $0.5m, resulting in a net increase $0.9m. The variance is due to a timing difference $0.9m in the Ombudsman and Finance areas.

Operating Expenses YTD $29.6m, $1.7m better than budget.

The expenses are $1.7m lower than the budget due to the following:

·    Employee Costs $1.1m – There is an expectation that Council can save $3.5m per annum due to lower CPI, Vacancy and Leave (Jul-Sep). This is part of the savings program.

·    Contracts $0.4m – Savings in the Works and Infrastructure Directorate, which are timing differences.    

·    Borrowing Costs $0.2m – Lower cost due COVID-19 arrangement on loan account.

The largest portion of the favourable variance is due to timing differences. The Employee Costs $1.1m are genuine savings.

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

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

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

There are no financial implications for Council associated with this report. This will contribute to the Quarter 1 Financial Review Statement.

The August year-to-date recurring budget position is 3.4% favourable to the budget. This has reduced from July due to the timing differences reducing in Material Contracts, Grants and Rates. The savings in total employment costs have continued as reported in May 2020.

 

1.      Directors Report August 2020   

 

Attachment 1

Directors Report August 2020

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-567

Public Benefit Offer for 75-77 Merrylands Road, Merrylands

Responsible Division:                    Environment & Planning

Officer:                                              Director Environment & Planning

File Number:                                    MOD2019/5269

Community Strategic Plan Goal:  A resilient built environment  

 

 

Modification application MOD2019/5269 has been lodged with Council which includes modification to the footprint of most units, internal reconfiguration of the basement carpark, the addition of a 1 bedroom unit and an offer to enter into a Planning Agreement with Council to cover the construction, dedication and maintenance of the laneway.

Following review by Council officers, it is recommended that Council endorse in-principle the offer for the laneway.  The offer is consistent with the Cumberland Planning Agreements Policy and would provide a public benefit through the construction of local infrastructure that is identified in local planning controls.

 

Recommendation That Council: 1.      Endorse in-principle the offer for the construction, dedication and maintenance of the laneway at 75-77 Merrylands Road, Merrylands. 2.      Note that the Council resolution on the offer will be considered as part of assessment for the modification application on the site.

 

Context

DA-335/2016 was approved by Cumberland City Council on 23 November 2017 for the demolition of existing structures, the construction of a four storey residential flat building consisting of 18 units with 1 level basement parking. The development was approved, with three of those conditions relating to the construction, dedication and maintenance of a laneway being conditions 80, 81 and 82.

Since the approval, the applicant has had ongoing discussions with Council officers regarding the laneway conditions and scope for an additional unit on the site.  During these discussions, Council officers have sought internal legal advice on the application of the laneway conditions. The advice indicates that should an amendment to the laneway conditions be undertaken, this needs to be progressed through an offer and the preparation of a Planning Agreement.

Proposed Offer

Modification application MOD2019/5269 has been lodged with Council which includes modification to the footprint of most units, internal reconfiguration of the basement carpark, the addition of a 1 bedroom unit and an offer to enter into a Planning Agreement with Council to cover the construction, dedication and maintenance of the laneway. The scope of the laneway is shown graphically in Figure 1.  Further details of the proposed offer is also provided in Attachment 1.

Council officers have undertaken an analysis of the proposed offer and is consistent with the Cumberland Planning Agreements Policy.  Further details of this analysis is provided in Attachment 2.

Figure 1 – Proposed Laneway

Public Benefit

The proposed offer would provide a public benefit through the construction of local infrastructure that is identified in planning controls. The laneway is identified in Section 4.1.8 of the Parramatta Development Control Plan 2011, and shown graphically in Figure 2, which states that:

Pedestrian Connections and Laneways

P.1 New pedestrian connections and laneways should be provided in accordance with Figure 4.1.8.1. Where a development provides for public access connections, a variation to Council’s floor space ratio control can be sought in accordance with Principle 1 in Section 4.1 of this DCP.

Figure 2 – DCP Provision for Laneway

The laneway is also partially constructed and the acceptance of the offer would progress the delivery of the laneway in accordance with Council’s strategic planning work.  The status of the laneway is shown in Figure 3 and described as follows:

·    The subject site is marked as (1) and is proposed to have the laneway

·    The site immediately adjoining the subject site has been built and dedicated 3m of the laneway (2)

·    The property to the rear has dedicated 3m of the laneway (3)

·    The property adjacent to the rear will be required to dedicate the laneway once a development is proposed for the site (4). This 6m wide laneway will connect Merrylands Road and Smythe Street.

Figure 3 – Status of Laneway Construction

Next Steps

The modification application of MOD2019/5269 is being finalised and will be presented to the Cumberland Local Planning Panel for determination. Subject to Council’s in-principle endorsement of the offer, a condition will be recommended to the Panel that the preparation, notification and finalisation of a Planning Agreement be undertaken in accordance with the offer. If the Panel approves the modification application, a further report will be presented to Council on the draft Planning Agreement prior to public notification.

Should Council not support the offer, the assessment will be finalised with consideration of this outcome. 

Should the offer be endorsed by Council and the modification application approved by the Cumberland Local Planning Panel, the draft planning agreement will be publicly notified in accordance with section 7.5 of the Environmental Planning and Assessment Act 1979 and Council’s Planning Agreements Policy.

Policy implications are outlined in the body of the report.

There are minimal risk implications for Council associated with this report.

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

Modification application MOD2019/5269 has been lodged with Council, which includes an offer to enter into a Planning Agreement with Council to cover the construction, dedication and maintenance of the laneway. Following review by Council officers, it is recommended that Council endorse in-principle the offer for the laneway.  The offer is consistent with the Cumberland Planning Agreements Policy as it would provide a public benefit through the construction of local infrastructure that is identified in planning controls

 

1.      75-77 Merrylands Road, Merrylands - Summary of offer  

2.      75-77 Merrylands Road, Merrylands - Analysis of offer (confidential)   

 

Attachment 1

75-77 Merrylands Road, Merrylands - Summary of offer

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-568

Draft Bush Fire Prone Land Maps for Cumberland City

Responsible Division:                    Environment & Planning

Officer:                                              Director Environment & Planning

File Number:                                    SC483

Community Strategic Plan Goal:  A resilient built environment  

 

 

Bush Fire Prone Land is an area of land that can support a bush fire or is likely to be subject to bush fire attack. Council has prepared draft Bush Fire Prone Land maps to protect the community from the risk of bushfires and to inform future development activity in Cumberland City.  It is recommended that Council place the draft maps on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition.

 

Recommendation That Council place the draft Bush Fire Prone Land maps on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition.

 

Bush Fire Prone Land is an area of land that can support a bush fire or is likely to be subject to bush fire attack.  Council officers have considered this issue, including:

·    strategic planning work as part of the preparation of Cumberland 2030: Our Local Strategic Planning Statement and the new Cumberland Local Environmental Plan

·    a response to the matter of urgency at the 20 November 2019 Council meeting:

“ Min.786 Matter of Urgency – Natural Open Space in the Cumberland LGA Resolved (Sarkis/Zreika) That:

1.   Following the recent catastrophic fire conditions in Sydney, Council prepare a report outlining natural open space including but not limited to parks, gardens and bushland within the Cumberland LGA which could be affected by the same.”

From a planning perspective, the identification of Bush Fire Prone Land in NSW is covered under section 10.3 of the Environmental Planning and Assessment Act 1979. The Commissioner of the NSW Rural Fire Service designates what constitutes Bush Fire Prone Land and how it is to be mapped. The Bush Fire Prone Land mapping is linked to development assessment provisions that assist to reduce hazards for future development in Cumberland City.

A draft Bush Fire Prone Land map (Attachment 1) has been developed in accordance with the NSW Rural Fire Service guidelines.  The areas identified include around Everley Park and Auburn Golf Course in the Duck River Corridor, around Campbell Hill Pioneer Reserve (adjacent to Woodville golf course), at selected locations in Pemulwuy and Greystanes, and areas of the Prospect Creek Corridor.

It is recommended that Council endorse that the draft Bush Fire Prone Land maps are provided for public consultation, with a further report to be provided to Council. Should Council resolve for the Bush Fire Prone Land maps to be finalised in the future, these will be forwarded to the NSW Rural Fire Service Commissioner for certification.  It is noted that the map is required to be recertified at least every five years, and that the Commissioner may make changes to the Bush Fire Prone Land maps at any time.

As part of work to identify Bush Fire Prone Land in Cumberland City, Council officers have undertaken discussions with representatives of the NSW Rural Fire Service.

Subject to Council endorsement, public consultation will be undertaken on the draft Bush Fire Prone Land mapping. This will include letters to all impacted properties and information provided on the Cumberland City Council website.

Policy implications for Council are outlined in the main body of this report.

If Council were not to classify relevant lands as bush fire prone areas, this could lead to increased risk of bush fires and subsequently harm to properties and people.

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

Council has undertaken mapping for Bush Fire Prone Land to protect the community from the risk of bushfires and to inform future development activity in Cumberland City.  It is recommended that Council place the draft maps on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition.

 

1.      Cumberland City Draft Bush Fire Prone Map   

 

Attachment 1

Cumberland City Draft Bush Fire Prone Map

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-569

Pemulwuy Greystanes Bushfire Management Plan

Responsible Division:                    Works & Infrastructure

Officer:                                              Director Works & Infrastructure

File Number:                                    SC483

Community Strategic Plan Goal:  A clean and green community  

 

 

 

This report seeks the approval of Council to exhibit the Pemulwuy Greystanes Bushfire Management Plan, developed in response to the bushfires which occurred in Pemulwuy and Greystanes in December 2019.

 

Recommendation That Council place the Draft Pemulwuy Greystanes Bushfire Management Plan 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.

 

 

Background

 

The 2019/20 summer bushfires across NSW and other Australian states was unprecedented in scale. The area burnt in NSW exceeded 5,000,000 hectares, more than 2,600 homes, and many more outbuildings, have been damaged or lost and more than 20 people have died. These impacted communities are still recovering months later.

 

In a local context, there was a large grass fire that occurred in the Pemulwuy and Greystanes area in December 2019. Following the fire, Council worked with the RFS to clear, mow and remove unhealthy and dead trees at all the access points and tracks and in a 5m band behind houses in Munro Street, Daruga Avenue, Hyland Road and Alpha Road.

 

These fires exposed Council staff and residents to risks and threats never previously encountered. In response to these risks and threats, Council commenced planning to address hazards and mitigate further threats to the Greystanes and Pemulwuy community.

 

 

 

Pemulwuy Greystanes Bushfire Management Plan

 

Council engaged Eco Logical Australia to prepare the draft Bushfire Management Plan for the Pemulwuy and Greystanes community (Attachment 1).

 

This plan proposes a risk-based hazard management approach to reduce the potential effect of bushfires on life and property within Pemulwuy and Greystanes  whilst continuing conservation of natural biodiversity, landscape, visual amenity and water quality.

 

The plan provides a bushfire risk assessment aiming to reduce the likelihood and consequence of bushfires by implementing broad strategies and actions as provided in Table 9 (below).

The Bushfire Management Plan provides advice for the establishment of bushfire management zones that will enable the effective application of the strategies and appropriate hazard reduction activities to avoid detrimental impacts on species, communities, populations and culturally significant assets in a 5 year works schedule in Section 7 of the attached. 

 

Additionally, Council has submitted an application to the RFS for a preventative burn in Grey Gum Reserve. If the preventative burn is approved, a community engagement program is required prior to the implementation of the preventive burn.

The Draft Pemulwuy Greystanes Bushfire Management Plan will be placed on public exhibition for a period of 28 days on Council’s ‘Have Your Say’ community engagement website, to enable the community to have an opportunity for input.

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

 

The Bushfire Management Plan provides actions to reduce the risk of bushfires in the Pemulwuy and Greystanes areas.

 

The works schedule and community engagement can be undertaken within existing operational budgets.

 

This report recommends Council exhibit the Pemulwuy Greystanes Bushfire Management Plan. A report will be provided back to Council following the conclusion of the exhibition period.

 

1.      Pemulwuy Greystanes Bushfire Management Plan   

 

Attachment 1

Pemulwuy Greystanes Bushfire Management Plan

 7 October 2020

 7 October 2020

 

 

 

Item No: C10/20-570

Quarterly Progress Report on Council Consultative and Advisory Committees

Responsible Division:                    Community and Organisation Development

Officer:                                              Director Community and Organisation Development

File Number:                                    7963664

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

 

This report presents the draft minutes of the Consultative and Advisory Committee meetings held since April 2020. 

 

Recommendation That Council receive the Draft Minutes of the Consultative and Advisory Committee meetings held as listed in the report and included under Attachments 1 and 2.

 

 

Progress Report on Council Committee Meetings

 

The following two Committee meetings were held since April 2020:

 

Committee	Meeting Date	Number of Attendees (exc. Council Staff)
Aboriginal and Torres Strait Islander Consultative Committee	11 August 2020	14
Access and Safety Committee	3 September 2020	16

 

All other scheduled Committee meetings during this time were deferred due to the COVID-19 pandemic.

 

The Draft Minutes of each of the above Committee meetings are included under Attachments 1 and 2 of this report.

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

Council’s Consultative and Advisory Committees are recognised as one method for involving the community in Council’s decision making processes in the Community Engagement and Participation Strategy.

All Consultative and Advisory Committees of Council and their members are expected to comply with the Code of Conduct and supporting policies.

All new Committee members undertake an induction process to ensure they are aware of their obligations under the Code of Conduct and supporting policies.

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

 

This report provides the Draft Minutes of the Consultative and Advisory Committee meetings held since April 2020. 

 

1.      Draft Aboriginal and Torres Strait Islander Consultative Committee Minutes of Meeting - 11 August 2020  

2.      Draft Access and Safety Committee Minutes of Meeting - 3 September 2020   

 

Attachment 1

Draft Aboriginal and Torres Strait Islander Consultative Committee Minutes of Meeting - 11 August 2020

 7 October 2020

Attachment 2

Draft Access and Safety Committee Minutes of Meeting - 3 September 2020

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-571

Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 14 September 2020

Responsible Division:                    Finance & Governance

Officer:                                              Director Finance & Governance

File Number:                                    HC-06-03-28

Community Strategic Plan Goal:  Transparent and accountable leadership  

 

 

This report presents the Minutes of the Audit, Risk and Improvement Committee meeting held on 14 September 2020 for Council’s information.

 

Recommendation That Council: 1.   Receive the Draft Minutes of the Audit, Risk and Improvement Committee meeting held on 14 September 2020. 2.   Nominate a Councillor to fill the vacancy on the Committee.

 

 

Council’s Audit, Risk and Improvement Committee recently held a meeting on 14 September 2020, to discuss the External Audit of Financial Statements.

 

The minutes of this meeting will be formally adopted at the next Ordinary Committee meeting being held in November 2020. Minutes of this meeting are attached for Council’s information. Given notification was provided of a Councillor vacancy at this meeting, it is recommended that Council nominate another Councillor to be a voting member on the Committee.

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

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

There are no direct risks associated with this report. However, the presentation of the meeting minutes to Council provides transparent oversight of Council activities.

The operations of the Audit, Risk and Improvement Committee are coordinated by the Corporate Services division of Council utilising existing allocated resources. There are no additional financial implications for Council associated with this report.

 

The minutes of the Audit, Risk and Improvement Committee meeting are provided to Council for information purposes and to ensure that the review mechanisms of Council operate in an open and transparent manner. It is recommended that Council receive this information.

1.      Minutes of ARIC Meeting - 14 September 2020   

 

Attachment 1

Minutes of ARIC Meeting - 14 September 2020

 7 October 2020

 7 October 2020

 

 

Item No: C10/20-572

Cumberland Traffic Committee - Minutes of the Electronic Meeting held in September 2020

Responsible Division:                    Works & Infrastructure

Officer:                                              Director Works & Infrastructure

File Number:                                    T-28-02/08

Community Strategic Plan Goal:  A safe accessible community  

 

 

 

This report presents the minutes of the Cumberland Traffic Committee Electronic Meeting held in September 2020.

 

Recommendation That: 1.      The minutes of Part 1 Items of the Cumberland Traffic Committee electronic meeting held in September 2020, be received and noted; and 2.      The minutes of Part 2 Items of the Cumberland Traffic Committee electronic meeting held in September 2020, be received and recommendations contained therein be approved.

 

Due to COVID-19 restrictions, an electronic meeting of the Cumberland Traffic Committee was conducted in September 2020. The agenda for the electronic meeting was sent to all members, requesting feedback and concurrences to be returned to Council.

In accordance with the Cumberland Local Traffic Committee Terms of Reference, approved by Council on 20 May 2020 (Min. 694 - C05/20-443), the following Part 1 items have been approved under delegated authority, Items CTC-20-158 to 162 and item CTC-20-171

The Part 2 items are presented for Council’s approval. These are Item CTC-20-163 to 170 and item CTC-20-172.

Community consultation will occur in accordance with the recommendations of each report.

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

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

The expenditure of funds associated with implementing the recommendations not approved under delegated authority will be included in the Council’s Traffic facility construction program.

 

1.      Agenda of the Cumberland Traffic Committee Electronic meeting of September 2020  

2.      Late Agenda of the Cumberland Traffic Committee meeting of September 2020  

3.      Minutes of the Cumberland Traffic Committee Electronic Meeting of September 2020   

 

Attachment 1

Agenda of the Cumberland Traffic Committee Electronic meeting of September 2020

 7 October 2020

Attachment 2

Late Agenda of the Cumberland Traffic Committee meeting of September 2020

 7 October 2020

Attachment 3

Minutes of the Cumberland Traffic Committee Electronic Meeting of September 2020

 7 October 2020

 7 October 2020

 

Item No: C10/20-573

Notice of Motion - Construction of Footpaths

Councillor:                                       George Campbell

File Number:                                    SC483  

 

 

Pursuant to Notice, Councillor Campbell submitted the following Motion.

 

Notice of Motion That a report be brought to Council on the construction of footpaths on one side of the full length of Wentworth, Belimla, Beemra and Campbell Streets, as well as Argyle Street between Kihilla and Hampstead Roads, Auburn, except where there is a path already and, that until such a time as paths are constructed, the grass be regularly cut on at least one side of the street to allow safe pedestrian passage.

 

This work can be undertaken using existing Council resources.

 

A report will be presented to Council in November 2020 for consideration.

Nil

 

 7 October 2020

 

Item No: C10/20-574

Questions on Notice - Submitted by Councillor Lake

Responsible Division:          General Manager

File Number:                          SC486

  

 

 

 

In relation to Expression of Interest – Project Poly – Long Day Care (Tender #RFx057)

 

1.   Apart from promotion of the business and provision of literature or training materials what other roles will Council have under the Management option?

2.   What is meant by “first rights review to OOSH Businesses”?

3.   What is meant by “first rights review to Family Day Care Businesses”?

4.   What role will the Family Day Care Businesses themselves play in any “first rights review” process?

5.   What are the new business opportunities that you believe may arise?

6.   Are these business opportunities limited to education and care services?

7.   If not, what are the parameters of these business opportunities?

8.   Is the recommendation you are seeking for the “best use to be carried out on Site” limited to its use as a Site for children’s education and care services?

9.   If not, what are the parameters for a recommendation for the “best use to be carried out on Site”?

10. On what date did Council decide to intend and commit to offer the successful party or parties first rights review to OOSH Businesses?

11. In relation to 10. above, please provide a reference to the Council Meeting Minute and to any relevant information that may have been provided in a report to Council to inform this decision. 

12. On what date did Council decide to intend and commit to offer the successful party or parties first rights review to Family Day Care Businesses?

13. In relation to 12. above, please provide a reference to the Council Meeting Minute and to any relevant information that may have been provided in a report to Council to inform this decision.

14. On what date did Council decide to intend and commit to offer the successful party or parties first offer on any new business opportunities that arise?

 

15. In relation to 14. above, please provide a reference to the Council Meeting Minute and to any relevant information that may have been provided in a report to Council to inform this decision.

 

1.   We remain owners of the premises and the Operators will run all aspects of the business based on negotiated terms and conditions. Council will likely retain some resourcing in the education and care team to work with the sector and providers in our LGA to promote the quality standards and helpproviders work towards meeting or exceeding these. Aditionally, we will also continue to work with the sector on child protection issues. The amount of resourcing required to continue this work would need to be defined.

2.   The EOI is assessing the respondents’ ability to operate Cumberland’s Long Day Care centres. The purchasers or managers may also have an interest in taking on the OOSH businesses. It is noted that Pemulwuy and Guildford West operate LDC and OOSH from the same premises. It is more practical to have the same owner running these businesses, hence the reason for this option being provided.

3.   Council has resolved to exit Family Day Care, this is a good option to provide to applicants any may help avoid having to run another separate process. It is common for Education and Care businesses to run multiple channels.

4.   Consultation will need to occur to assess this if Council was to proceed with purchase or management contract.

 

5.   On some occassions Council is offerred in a planning proposal Community Facilities like a Childcare Centre. We would offer this opportunity to the new operator and Council would be property owner. The new developments in Auburn, Granville, Wenthworthville and Merrylands are adjacent to our properties therefore it is highly likely this will become an issue. Being upfront about this is a good transparent approach.

 

6.   Yes, more specifically the scope of the exercise is Long Day Care Centres.

 

7.   Not applicable

 

8.   The current childcare centre can either be expanded by DA or amended to optimise its use. For Example Pemulwuy OOSH could be converted to additional Long Day Care. Council is not suggesting a use alternative to education and care but options exist to optimise the use of the sites for the best return that can be achieved for that type of use/service.

 

9.   Not Applicable

 

10. Successful parties must be approved by Council as per the terms of the EOI.

 

11. This has not been resolved by Council, Council is seeking interest on an indicative and non-binding basis and then has the option to authorise a selective tender.

 

12. Council resolved to exit the Family Day Care business on 4 March 2020. It makes sense to include the Family Day Care option in this EOI process.

 

13. Minute 961.

 

14. This is part of the Expression of Interest which is indicative and non-binding. Only Council can approve this.

 

15. This has not been resolved by Council.

 

Nil