Agenda of Extraordinary Council Meeting - Wednesday, 8 September 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

Extraordinary Council Meeting

8 September 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 Reports to Council

Director Finance & Governance

EC09/21-836 Council Meeting Schedule Update - Election Deferral due to Covid-19 Pandemic............ 5

Director Environment & Planning

EC09/21-837 Pippita Rail Trail – Report on Outcomes of Agency Consultation................................. 17

Director Works & Infrastructure

EC09/21-838 Verge Mowing Service Review.................. 21

EC09/21-839 Draft New Eric Tweedale Stadium Fees and Charges................................................... 25

6 Reports of Council Committees

EC09/21-840 Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 9 August 2021........................................................ 27

7 Closed Session Reports

EC09/21-841 Tender Evaluation Report - Proposed Sale and Future Redevelopment of 13 John Street, Lidcombe (Negotiation Outcome)

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.

Extraordinary Council Meeting

8 September 2021

Item No: EC09/21-836

Council Meeting Schedule Update - Election Deferral due to Covid-19 Pandemic

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: SC488

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council an update on the remaining Council meetings for the current Council term as a result of the deferment of the Local Government Elections from 4 September 2021 to 4 December 2021 due to the Covid-19 Pandemic. The report seeks that Council ratify the remaining meeting dates for the Council term, including a proposed date to hold a Mayoral Election in September 2021, as required under the Local Government Act 1993.

Recommendation

That Council, in light of the Local Government Election deferral announced by the Minister for Local Government:

1. Retain as previously resolved, the scheduled Council meeting for 22 September 2021 for the purposes of Ordinary Business.

2. Schedule for 30 September 2021, an additional Ordinary Council meeting, for the business of conducting a Mayoral Election;

3. Not proceed to hold the meeting identified in (2) should Council be advised by the Office of Local Government that it is not required to undertake a Mayoral election for the remainder of this Council term; and

4. Schedule further additional Ordinary meetings of Council for the current term for the months of October and November as follows:

• 13 October 2021

• 3 November 2021

Report

Council in February 2021, resolved (Min 1011) to adopt the Council meeting schedule for 2021. The schedule was prepared to accord for an election date of 4 September 2021, per the requirements of Local Government Act 1993. To date, all meetings scheduled by Council have been held as resolved. Under s.365 of the Local Government Act 1993, Council is required to meet at least 10 times in a calendar year, each time in different months, and this requirement has already been satisfied.

Given the Local Government Elections have been deferred to 4 December 2021 due to the Covid-19 pandemic, the Council term has effectively been extended by 3 months. Further, the Office of Local Government has advised Council’s who last held a Mayoral Election in September 2019, that a Mayoral Election must be held in September 2021 to accord with the requirements of s.290(1)(b) of the Local Government Act 1993.

With this in mind, it is proposed that the scheduled Council meeting for 22 September 2021, previously earmarked for the Mayoral election for the new Council term, remain as scheduled however only be held for Ordinary Business of Council.

The meeting for the Mayoral Election is now proposed to be held on Thursday, 30 September 2021.

Further, given the unexpected extension of the Council term, it is recommended that one Council meeting be held in the months of October and November, before Council officially goes into Caretaker period 4 weeks prior to election day. As a result, the proposed Ordinary Council Meeting dates for the remainder of the Council term are:

• 22 September 2021

• 30 September 2021 (Mayoral Election – if required)

• 13 October 2021

• 3 November 2021

Should any further Council meetings be required this Council term, they may be held by way of an Extraordinary Council meeting in accordance with the adopted Code of Meeting Practice.

The report also recommends that if the Office of Local Government advise Council of any legislative change or Ministerial Order negating the requirement to hold a Mayoral election, that the scheduled meeting of 30 September 2021 not proceed. Copies of the relevant Office of Local Government circulars are attached to this report for Councils information.

Community Engagement

The meeting dates as resolved by Council will be placed on the Council website, and the public will be notified through social media channels of the meeting dates.

Policy Implications

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

Risk Implications

Council has been advised by the Office of Local Government that any Council who elected a Mayor in 2019 must hold a Mayoral election in September 2021, in accordance with s.290(1)(b) of the Local Government Act 1993. By proceeding to resolve these Council meeting dates, Council will be complying with legislative requirements.

Further, by resolving the remaining meeting dates it allows Council to determine business until the caretaker period, and also provides certainty and transparency to the community over meeting dates.

Financial Implications

There are no financial implications for Council associated with this report. Council meetings were anticipated to be held in October/November 2021 regardless of which term of Council was sitting.

CONCLUSION

It is recommended that Council resolve the remaining Ordinary Council meeting dates for this Council term as outlined in the report.

Attachments

1. OLG Circular - September 2021 Mayoral Elections

2. OLG Circular - Postponement of the Local Government Elections to 4 December 2021

Extraordinary Council Meeting

8 September 2021

Item No: EC09/21-837

Pippita Rail Trail – Report on Outcomes of Agency Consultation

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: CS-208

Community Strategic Plan Goal: A resilient built environment

Summary

Pippita Rail Trail is the proposed conversion of the unused Abattoirs Line, that once serviced the industrial area located where Olympic Park now resides, into a cycleway running alongside the current Olympic Park Rail Line, from Olympic Park to Lidcombe Station.

Following consideration of the findings of a preliminary feasibility report on the proposed Pippita Rail Trail, Council resolved in March 2021 to consult with relevant State Government agencies and City of Parramatta Council to confirm their interest and in-principle support to progress the Pippita Rail Trail.

Recommendation

That Council:

1. Note the outcomes of consultation with relevant agencies on the Pippita Rail Trail.

2. Continue planning and detailed feasibility work on the Pippita Rail Trail.

Report

Figure 1 – proposed Pippita Rail Trail

In March 2021, Council considered a report on the preliminary feasibility report of the proposed Pippita Rail Trail. At the meeting, Council resolved to:

“1.Note the Preliminary Feasibility Report for the Pippita Rail Trail, as provided at Attachment 1.

2.Consult with relevant State Government agencies to confirm their interest and in-principle support to progress the Pippita Rail Trail.

3.Consult with the relevant State Government agencies regarding the new proposed express train service through the Pippita Rail Trail.

4.Provide a further report to Council on the outcomes of consultation with relevant State Government agencies.”

Following this resolution, Council set up a meeting in July 2021 with relevant State Government agencies and the City of Parramatta Council to outline the work to date on the proposed Pippita Rail Trail and to undertake consultation on their views on the proposal. At the meeting, there was general in-principle interest for the proposal from the representatives present. Specific feedback was provided at the meeting, including:

· There is strategic alignment of the proposal with the strategic bicycle network, and would be beneficial for both commuting and recreational purposes.

· There is an opportunity for the Pippita Rail Trail to connect with the Carter Street Cycleway (located within City of Parramatta Council) near Sarah Durack Avenue, Olympic Park.

· There are multiple potential links for the Pippita Rail Trail, such as Cooks River Cycleway and Rookwood Cemetery.

· Further discussions would be required with relevant landowners on the proposal, including asset management and access requirements for use of the corridor.

· Given the initial cost estimate for the proposal, funding would likely come from multiple sources. Concept development is important as it allows for confirmation of costs.

It is recommended that Council note the outcomes of consultation with relevant State Government agencies and City of Parramatta Council, and continue planning and detailed feasibility work on the proposed Pippita Rail Trail. Subject to Council’s support on the recommendation, Council officers will progress further work on the proposal and liaison with relevant stakeholders.

Community Engagement

There are no community consultation processes for Council associated with this report. Consultation would continue to be undertaken with State Government agencies on further planning and detailed feasibility work.

Policy Implications

The development of the Pippita Rail Trail would align with Council’s strategic vision for active transport as outlined in Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

The Pippita Rail Trail is reliant on land owned by the NSW Government. Therefore buy-in from relevant agencies is required, and should be secured upfront, prior to any further detailed planning or commitment towards the project by Council.

The Pippita Rail Trail would also need to be appropriately prioritised in the context of other projects identified throughout the City. Other projects may be assessed as having higher priority in the short-medium term.

Financial Implications

Further planning and detailed feasibility work would be undertaken within the existing budget.

CONCLUSION

Following consideration of the findings of a preliminary feasibility report on the proposed Pippita Rail Trail, Council resolved in March 2021 to consult with relevant State Government agencies and City of Parramatta Council. This report provides the outcomes of this consultation.

Attachments

Nil

Extraordinary Council Meeting

8 September 2021

Item No: EC09/21-838

Verge Mowing Service Review

Responsible Division: Works & Infrastructure

Officer: Acting Director Works & Infrastructure

File Number: SC475

Community Strategic Plan Goal: A great place to live

Summary

This report provides Council with a review of Council’s verge mowing service in accordance with item 8, Council resolution (Min.513) from its Ordinary Meeting of 1 May 2019.

Recommendation

That Council note this report.

Report

Council at its ordinary meeting of 1 May 2019, considered an item C05/19-76 ‘Provision of Verge Mowing Services’, and resolved (Min.513);

“That:

1. Council adopt option 1: Cease mowing residential nature strips within the former Auburn City Council area whilst continuing to mow nature strips along main roads and continue with the existing service standards of the former Holroyd and Parramatta City Councils.

2. Council adopt option 3: Allocate future funding to service key strategic locations and areas across the Council area.

3. Council continues to provide a mowing service to those residents that receive a service under the current hardship assistance program.

4. Council continues to provide a pensioner mowing service.

5. Council receive a further report outlining a new verge mowing policy and service standard.

6. The cessation of mowing residential nature strips be for a trial 12-month period beginning two months after being announced and be accompanied by an educational program that explains the reasons and the benefits to the community, and seeks support. Publicity should include letterboxing of leaflets, Council’s website and the Local Print Media.

7. Before mowing overgrown verges, Council will engage with non-participating residents by mail and, where necessary, home visits.

8. A report be brought back to Council after 12 months.”

This report will address item 8.

Background

In 2019 Council considered several reports on the provision of verge mowing services for the Cumberland City Council Local Government Area (LGA). Through this process, Council resolved to consolidate the verge mowing service to the entire LGA at key sites and locations, as well as providing a hardship assistance program.

The provision of this service is in accordance with the verge mowing policy, adopted by Council at its Ordinary Meeting on 18 September 2019 (Min. 701).

To facilitate the delivery of this service, Council considered report C09/19-227, at its Ordinary Meeting on 18 September 2019 and resolved (Min. 702) to engage the services of Marsupial Landscape Management to provide verge mowing services. These services commenced full operation across the LGA in December 2019.

The trail period for the purposes of item 6 of the Council resolution of 1 May 2019 (Min. 513) and the 12-month period referenced in item 8, is taken to encompass December 2019 to December 2020.

The verge mowing service upon establishment was delivered at 66 strategic locations throughout the LGA, with the hardship program delivered at 125 locations.

Trial Period

The verge mowing service, as provided in accordance with Council’s Policy and Guideline, is carried out 10 times per year, being during the months; March, April, June, August, October, November and every three weeks during Summer (December, January and February).

Since the implementation of the policy and service, Council has seen an increase in the hardship services to 294 locations and an additional 20 key strategic sites to a total of 86 sites. An increase in hardship locations was not unexpected as the original list was mostly sites in the former Holroyd City Council area. The additional strategic sites cover sites that were either not originally identified or in response to community feedback.

The performance of the contractor has been in line with their contractual terms, with any service adjustments and issues dealt with in a satisfactory manner.

Community Engagement

During the period June 2019 to April 2021, Council’s Community Engagement Team has provided six (6) letterbox drops to all the affected residents in the former Auburn Council area delivering 22,000 flyers to households. In addition, Council has disseminated information through local media, information in rates notices, and Council’s website.

In relation to direct community engagement, should a specific location be highlighted to Council or observed by Council staff, the following process is generally followed. Council’s Place Liaison Officer contact and request the residents to maintain their verges. If this is unsuccessful, Council Rangers remind the residents to maintain their verges. If the resident is still non-compliant, the option exists for Council to have the Streetscape staff provide a rough cut to the verge.

Council has received a total of 20 Tier 1 complaints and 10 compliments in the 2020/21, as defined Compliments and Complaints Management Policy.

Policy Implications

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

Risk Implications

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

Financial Implications

The verge mowing service that was provided in the former Auburn Council area cost Council $985,000 in the 2018/19 financial year. For the initial year of operation of the new LGA wide verge mowing service Council allocated $600,000.

As mentioned earlier in this report additional key sites and an increase in the number of hardship services provided for Community members in need, has seen current financial year’s budget allocation increase to $750,000.

CONCLUSION

In accordance with Council’s Verge Mowing Policy and as resolved at Council Meetings of 1 May and 18 September 2019, Council commenced a verge mowing service for the entire Cumberland City Council LGA in December 2019. This report provided Council with a review of Council’s verge mowing service in accordance with its resolution of 1 May 2019. Overall, the verge mowing service has reduced the impact on Council’s budget and provided a service to the entire Cumberland City Council LGA.

Attachments

Nil

Extraordinary Council Meeting

8 September 2021

Item No: EC09/21-839

Draft New Eric Tweedale Stadium Fees and Charges

Responsible Division: Works & Infrastructure

Officer: Acting Director Works & Infrastructure

File Number: 9002241

Community Strategic Plan Goal: A great place to live

Summary

This report recommends the adoption of the Draft Eric Tweedale Stadium Fees and Charges following a period of public exhibition.

Recommendation

That Council adopt the Eric Tweedale Stadium Fees and Charges as outlined in this report.

Report

At the Ordinary Council Meeting of 21 July 2021, Council resolved to place the Draft Eric Tweedale Stadium Fees and Charges on public exhibition for community feedback (Min. 1240).

Subsequently, Council received nil submissions during the 28-day exhibition period and recommends the Eric Tweedale Stadium Fees and Charges as outlined in this report be adopted.

Gym Membership Options (per month)
Gym Only	$48.00
Gym + Pool	$89.50
20 Visit Pass	$98.50

* A seasonal membership for sportsground seasonal hirers can be negotiated with the Executive Manager Recreation and Facilities or delegate.

Function Room

Monday – Thursday

$120 per hour

Friday – Sunday

$160 per hour

* When services or facilities are requested which are not covered in this document, or reduced rental rates during off peak, the Manager Recreational Assets or delegate will determine an appropriate price.

Community Engagement

Council publicly exhibited the Eric Tweedale Stadium Fees and Charges, for a period of 28 days from 27 July 2021 to 24 August 2021 on Council’s website.

Council had 108 visits to the ‘Have Your Say’ community engagement website during the public exhibition period and no submissions were received.

Policy Implications

The adoption of the Eric Tweedale Fees and Charges in this report will rescind the previously adopted version of these Fees and Charges.

Risk Implications

The proposed fees and charges will manage the financial risk to deliver the services within the existing 2021-22 budget.

Financial Implications

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

CONCLUSION

Council has publicly exhibited the Eric Tweedale Stadium Fees and Charges and it’s recommended for adoption.

Attachments

Nil

Extraordinary Council Meeting

8 September 2021

Item No: EC09/21-840

Audit, Risk and Improvement Committee - Draft Minutes of Meeting Held on 9 August 2021

Responsible Division: Finance & Governance

Officer: Director Finance & Governance

File Number: HC-06-03-28

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report presents the Minutes of the Audit, Risk and Improvement Committee meeting held on 9 August 2021 for Council’s information.

Recommendation

That Council:

1. Receive the Draft Minutes of the Audit, Risk and Improvement Committee meeting held on 9 August 2021.

2. Confirm the reappointment of Mr Stephen Horne (Chairperson), Jim Taggart and John Barbeler from 7 November 2021 to 30 September 2022, being the final extension available under the Cumberland ARIC Charter.

Report

Council’s Audit, Risk and Improvement Committee recently held a meeting on 9 August 2021.

The minutes of this meeting will be formally adopted at the next Ordinary Committee meeting being held in November 2021.

Minutes of this meeting are attached for Council’s information. As noted in the minutes, following the meeting being held, the three Independent Members have sought re-appointment on the Cumberland ARIC, to their maximum term date (6 years) under the adopted Charter being 30 September 2022. It is recommended now that Council approve these re-appointments.

Early during the next term of Council, Council will review the Charter, and undertake an Expression of Interest process for new independent membership on Council’s ARIC.

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 direct risks associated with this report. However, the presentation of the meeting minutes to Council provides transparent oversight of Council activities.

Financial Implications

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.

CONCLUSION

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.

Attachments

1. Draft ARIC Minutes - 9 August 2021