Agenda of Council Meeting - Wednesday, 20 April 2022

Councillor Contact Details

Granville Ward
Clr Steve Christou	0419 651 187	Steve.Christou@cumberland.nsw.gov.au
Clr Ola Hamed	0405 070 007	Ola.Hamed@cumberland.nsw.gov.au
Clr Joseph Rahme	0418 995 471	Joseph.Rahme@cumberland.nsw.gov.au
Greystanes Ward
Clr Diane Colman	0400 279 200	Diane.Colman@cumberland.nsw.gov.au
Clr Greg Cummings	0417 612 717	Greg.Cummings@cumberland.nsw.gov.au
Clr Eddy Sarkis	0418 306 918	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Kun Huang (Deputy Mayor)	0418 911 774	Kun.Huang@cumberland.nsw.gov.au
Clr Sabrin Farooqui	0400 322 999	Sabrin.Farooqui@cumberland.nsw.gov.au
Clr Helen Hughes	0400 264 534	Helen.Hughes@cumberland.nsw.gov.au
South Granville Ward
Clr Glenn Elmore	0418 459 527	Glenn.Elmore@cumberland.nsw.gov.au
Clr Mohamad Hussein	0400 281 726	Mohamad.Hussein@cumberland.nsw.gov.au
Wentworthville Ward
Clr Suman Saha	0419 546 950	Suman.Saha@cumberland.nsw.gov.au
Clr Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Michael Zaiter	0418 432 797	Michael.Zaiter@cumberland.nsw.gov.au

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

Council Meeting

20 April 2022

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

C04/22-45 Minutes of the Ordinary Meeting of Council - 06 April 2022........... 5

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

General Manager

C04/22-46 Legal Report......................................................................................... 19

C04/22-47 Outcome of Expression Of Interest Process - Audit, Risk and Improvement Committee Independent Members.................................................... 21

Director Community and Organisation Development

C04/22-48 Draft Budget, Fees & Charges and Integrated Planning & Reporting Documents 25

Director Finance & Commercial Services

C04/22-49 Investment Report - March 2022..................................................... 393

Director Environment & Planning

C04/22-50 Draft Community Engagement Strategy 2022.............................. 417

Director City Services

Nil

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

C04/22-51 Notice of Motion - Establishment of Working Party - 1 Crescent Street, Holroyd - Update on Planning Proposal.......................................................... 455

12 Notices of Rescission

RES04/22-1 Notice of Rescission - C04/22-39 Rates Income - Additional Special Variation (ASV) Application............................................................................... 457

13 Questions on Notice

Nil

14 Closed Session Reports

C04/22-52 Tender Evaluation Report - Fleet Management Services

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.

C04/22-53 Tender Evaluation Report - Merrylands Civic Square - Design and Construct

15 Other / General Matters

16 Close

Council Meeting

20 April 2022

Item No: C04/22-46

Legal Report

Responsible Division: General Manager

Officer: General Counsel

File Number: 2041456

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides Council with a summary of legal proceedings in which Council is involved.

Recommendation

That the report be received.

Report

This report provides Council with a summary of the status of litigation for which Council is a party to. It does not include the following types of legal proceedings:

· Proceedings that are managed by Council’s insurers;

· Local Court proceedings involving an appeal against a parking fine; and

· Proceedings for the recovery of debts where those proceedings are being run by Council’s external debt collection agency.

The report is current to 4 April 2022. It does not capture changes that have occurred between that date and the date the report is considered by Council.

Community Engagement

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

Policy Implications

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

Risk Implications

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

Financial Implications

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

CONCLUSION

This is an information report with the legal register of current litigation provided as a confidential attachment.

Attachments

1. Litigation Register (confidential)

Council Meeting

20 April 2022

Item No: C04/22-47

Outcome of Expression Of Interest Process - Audit, Risk and Improvement Committee Independent Members

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: HC-06-03-28

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides the outcome of the recent Expression of Interest process for the appointment of three new Independent Members for Councils Audit, Risk and Improvement Committee.

Recommendation

That Council:

1. Thank the outgoing Audit, Risk and Improvement Committee Members Mr Stephen Horne (Chairperson), Mr John Barbeler and Mr Jim Taggart for their concerted efforts and dedication to Council; and

2. Appoint Mark Sercombe, Jason Young and Rhonda Wheatley as Independent Members to Council’s Audit, Risk and Improvement Committee to a maximum term of 6 years including all extensions.

3. Set the remuneration of ARIC Independent Committee members as outlined in the report.

4. Delegate authority to the General Manager to determine commencement of meeting dates for each member in accordance with previously adopted transitional arrangements.

Report

Council’s current Audit, Risk and Improvement Committee (ARIC) members are all nearing the end of their current term, set to officially cease in September 2022 for all members.

As a result, Council management has worked with the current Chairperson and Independent Members to organise a staggered transition of ARIC membership. The transitional arrangements of these three appointments would include the commencement of new members at the ARIC meetings being held in May, August and November 2022 respectively.

As part of this process, it is envisaged that the current Chairperson remain on the Cumberland ARIC until August 2022 as the Chairperson, whereby the role of Chairperson would be transferred to another member for the November 2022 meeting, with the final new member commencing at that meeting.

The first ARIC member to cease their membership attended their final ARIC meeting in February 2022. Council has run a formal Expression of Interest process during this time for 21 days, and received 30 submissions from highly qualified respondents seeking to be appointed.

As a result, and in accordance with Council’s adopted ARIC Charter, three new members are recommended for appointment, with the first member to commence attendance at the 9May 2022 ARIC meeting. Council’s ARIC Charter, last adopted on 6November 2019 was first drafted foreshadowing a lot of the later released requirements by the Office of Local Government for Council’s Risk Management and Internal Audit Framework.

An assessment panel was formed including Council’s Executive Manager General Manager’s Unit, and Senior Coordinator Audit, Risk and Safety.

Importantly, it is noted that the recommended appointees have the required breadth of skills and expertise to ensure the mandate of Council’s ARIC progresses in robust fashion moving forward.

The work of the Cumberland ARIC post amalgamation was a huge undertaking, and the current maturity of the organisation and its governance arrangements are testament to the oversight provided by the three Independent expert members of Council’s ARIC, and the elected Councillor members.

The frank and honest advice of the ARIC to management has always been welcomed, and Management in turn have always sought to be very transparent at all times to the ARIC on matters. Council Management would like to formally thank the outgoing members Mr John Barbeler, Mr Stephen Horne and Mr Jim Taggart for their continued commitment and dedication to Council’s ARIC.

Community Engagement

All impacted ARIC members will be notified of this resolution if supported by Council.

Policy Implications

Council has run an open and transparent Expression of Interest process, and is seeking to appoint ARIC members in accordance with Council’s adopted ARIC Charter. It is envisaged that the ARIC Charter will be reviewed by the ARIC at the August 2022 ARIC Meeting, and any recommended changes to the Charter will be recommended to Council for adoption via the Minutes of the ARIC meeting.

Risk Implications

The risk implications for this report relate to Council ensuring that its ARIC membership is periodically renewed, ensuring that good governance, oversight and independence are always core to the ARIC Committee. The other key risk is the effective management of transfer of knowledge from present ARIC members to the new ARIC members which the staggered transition of membership seeks to achieve.

Financial Implications

Given the number of hours required in preparing for a meeting and subsequent meeting attendance and responding to occasional out of meeting session emails, ARIC member remuneration is budgeted, and set at the following rates for these appointments:

· Chairperson: $1800 per meeting (inc. GST)

· Independent Member: $1300 per meeting (inc. GST)

CONCLUSION

The Expression of Interest process for the appointment of three new Independent ARIC members has now been finalised. It is recommended that Council proceed to appoint three new members.

Attachments

1. ARIC - Proposed Appointees Credentials (confidential)

Council Meeting

20 April 2022

Item No: C04/22-48

Draft Budget, Fees & Charges and Integrated Planning & Reporting Documents

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: s-57-50

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report presents the recently reviewed and updated suite of Integrated Planning and Reporting documents, consisting of:

· Draft Community Strategic Plan 2017-2027 (Minor Revision)

· Draft Delivery Program 2022-2026

· Draft Operational Plan 2022-2023

· Draft Fees & Charges 2022-2023

· Draft Long Term Financial Plan 2017-2027

After a period of community engagement, review of service delivery, activity and financial planning and projection, these documents have been drafted for review by the public. Once public exhibition has been completed, necessary amendments will be made, and the final documents returned to Council for adoption in June 2022.

Recommendation

That Council endorse the Draft Budget, Draft Fees & Charges, and Draft Integrated Planning and Reporting documents for public exhibition for a period of 28 days, with a report to be returned to Council following Public Exhibition.

Report

Integrated Planning and Reporting (IP&R) is a framework that each NSW Council must implement to ensure long term planning for the area is based on community engagement. The Framework (shown below) requires Council to have in place a cascading set of plans for the city and the organisation that translates community priorities into action, and seeks to answer four key questions:

1. Where are we now?

2. Where do we want to go?

3. How will we get there?

4. How will we know when we have arrived?

In short, Council must have in place:

· A Community Strategic Plan (CSP) that captures the long term hopes and aspirations of the whole community (Where we want to go)

· A four-year Delivery Program translating community priorities into principal activities Council will focus on during its term to help the community move towards its vision in the CSP (How we plan to get there)

· An annual Operational Plan committing to the specific activities Council will undertake throughout the year, the budget for the same period and other statutory information

· A resourcing strategy for how Council plans to sustainably resource these plans

· A reporting framework against these plans (How we will know when we’ve arrived)

In line with these requirements, Council conducted a review of the IP&R documents following the recent Local Government elections. This review resulted in a refreshed Draft Community Strategic Plan and a new Draft Delivery Program and Draft Operational Plan, which are Attachments 1, 2 and 3 to this report. The Draft Fees and Charges are a sub-section of the Draft Operational Plan and are presented as a separate document (Attachment 4) for ease of presentation.

The Draft Community Strategic Plan (Attachment 1) summarises the long term hopes and aspirations of the community, investigated during community engagement with thousands of residents. The Community Strategic Plan consists of:

· A high-level community vision for the future

· Strategic Goals to guide progress towards the vision

· Objectives to align to the Strategic Goals

· Strategies for achieving the objectives

· Partners Council needs to work with the help the community achieve its vision

· Wellbeing, liveability and sustainability baselines and targets

The Draft Delivery Program 2022-26 (Attachment 2) is essentially Council’s answer to the CSP, outlining how Council will contribute through its provision of services and facilities. Within Cumberland City Council’s Draft Delivery Program, Council summarises its 39 services and how they contribute to CSP Goals, as well as current four-year funding projections for these activities. These cover the full range of Council functions and give the reader a clear picture of Council’s service package for the next four years.

The Draft Operational Plan 2022-23 (Attachment 3) introduces Council’s detailed Service Plans, also covering all 39 service offerings. In this document there is a detailed description of the service and its deliverables, a full net cost of service breakdown showing where income and expenditure are distributed and specific key performance indicators for the service. Additionally, this document contains Council’s annual budget, the rates, fees and charges (presented as a separate document), pricing policy, capital works and other statutory information.

Progress with these important plans and strategies will be reported through Council’s external reporting framework consisting of the State of the City Report detailing performance against the CSP; and frequent quarterly and annual reports against the Delivery Program and Operational Plan, clearly outlining to the community the extent to which Council is delivering on these plans.

The Long Term Financial Plan includes Council’s long-term financial projections. It has been included to fulfil Council’s IP&R obligations, however it should be noted that all financial assumptions used to underpin the projections remain unchanged. Long-term financial projections have only changed based on budget decisions that will come into effect upon the adoption of the budget contained in the Draft Operational Plan 2022-23. The document will mainly be used to ensure sound financial decision making in future Operational Plans and decisions to fund new services or changes service levels.

If endorsed by Council, these draft documents will be exhibited for 28 days public consultation and return to Council in June for final adoption.

Community Engagement

There are no consultation processes for Council associated with this report, aside from the placing of these draft documents on public exhibition.

Policy Implications

The Delivery Program 2022-26 and Operational Plan 2022-23 will form the primary policy documents of Council. These documents set out the primary activities Council commits to delivering over the respective timeframes. Changes to these documents by way of addition or deletion of activities need to be made via Council resolution.

Risk Implications

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

Financial Implications

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

CONCLUSION

The Draft Community Strategic Plan has been refreshed slightly to reflect the current operating and service delivery model of the organisation, and to ensure the document clearly articulates how Council will deliver on the community’s aspirations (identified following significant community consultation). This document sets the broad strategic direction for Cumberland and Council. Council has committed to a range of services and facilities within its Draft Delivery Program and Draft Operational Plan and welcomes feedback from the community on these drafts during the period of exhibition.

Attachments

1. Draft Community Strategic Plan 2017-27

2. Draft Delivery Program 2022-26

3. Draft Operational Plan 2022-23

4. Draft Fees and Charges 2022-23

5. Draft Long Term Financial Plan 2022-32

Council Meeting

20 April 2022

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Council Meeting

20 April 2022

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Council Meeting

20 April 2022

Item No: C04/22-49

Investment Report - March 2022

Responsible Division: Finance & Commercial Services

Officer: Acting Director Finance & Commercial Services

File Number: A-05-01/05

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides an update on the performance and compliance of Council’s investment portfolio for the month of March 2022.

Recommendation

That Council receive the March 2022 Investment Report.

Report

Included in this report are the following items that highlight Council’s investment portfolio performance for March 2022.

Council Investments as at 31 March 2022

Council’s investment portfolio has a current market value of $188.1m and has returned 0.49% in the last 12 months.

The following table reflects Council’s holding in various investment categories:

Face Value = capital value to be repaid upon maturity

Purchase Price = capital value +/- premiums or discounts

Current Value = current market value + accrued interest

Investment Portfolio Performance

For the past 12 months, Council’s investment portfolio has returned 0.49%pa, exceeding the bank bill index benchmark’s of 0.04%pa by 0.45%pa. The month of March returned negative 2.07%pa on a marked-to-market basis.

The NSW TCorp Medium Term Growth Fund recorded a small negative marked-to-market return in March of 1.4%, driven by the fall in bond prices as inflation fears drive interest rates higher. Council’s managed fund investments will experience monthly volatility as financial markets change their outlook but provide a favourable return as a long-term investment.

As at 31 March 2022 the cumulative interest earned was $752k. This is $411k lower than the year-to-date budget of $1.13m.

The performance chart below shows Council’s rolling 12 monthly return versus benchmark over the past 5 years. Each data point is the 12 month return for the stated month end:

Council’s investment performance has reflected the downward trend in interest rate markets over recent years accelerated by pandemic related interest rate cuts, but the portfolio has maintained returns in excess of the industry benchmark.

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

Preservation of capital is the prime objective of the investment portfolio. Investments are placed in a manner that seeks to ensure security and safeguarding of the investment portfolio. This includes managing credit and interest rate risk within identified thresholds and parameters that is both set in Councils Investment Policy and guided by the investment advisor.

The investing of Council’s funds at the most favourable return available to it at the time whilst having due consideration of risk and security for that investment type and ensuring that its liquidity requirements are being met while exercising the power to invest, consideration is to be given to the preservation of capital, liquidity, and the return on investment.

Financial Implications

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

CONCLUSION

Council hereby certifies that the investments listed within this report have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2021 and Council’s Investment Policy.

Attachments

1. Investment Summary Report March 2022

2. Investment Portfolio Commentary March 2022

Council Meeting

20 April 2022

Item No: C04/22-50

Draft Community Engagement Strategy 2022

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: PP2020/0006

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

The Draft Community Engagement Strategy 2022 (the ‘draft Strategy’) has been developed to guide engagement practices with the local community, businesses and stakeholders when Council is developing its plans, policies and programs. It outlines the guiding principles and approach for ensuring the community has an opportunity to have their say in a meaningful way and inform decision making at Council.

This draft Strategy reflects the various requirements for community consultation and engagement set out in Section 402A of the Local Government Act 1993 and satisfies the requirements of the Community Participation Plan required in Part 2 Division 2.6 Section 2.22 of the Environmental Planning and Assessment Act 1979.

This report recommends that the Draft Community Engagement Strategy be placed on public exhibition for consultation with the community.

Recommendation

That Council place the Draft Community Engagement Strategy 2022 on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

Councils are required to develop a Community Engagement Strategy for community consultation as per Section 402A of the Local Government Act 1993. Council adopted its first Community Engagement Policy in April 2018 and its first Community Engagement and Participation Strategy (the ‘Strategy’) on 5 December 2018. These documents provided a framework and key actions for how Council engages with the community up to 2021.

The Draft Community Engagement Strategy 2022 (the ‘draft Strategy’), as provided in Attachment 1, has been developed based on lessons learnt and feedback about the current Strategy, and sets a new framework to genuinely engage with our community, businesses and other stakeholders at the right time during development of Council’s policies, projects and plans.

The draft Strategy has been informed by best practice public participation principles, as well as engagement practices utilised during the COVID-19 pandemic. The framework and toolkit established in the draft Strategy provides clear guidance for both Council staff and the community to understand how and when community engagement will occur for the wide range of projects, policies and planning undertaken by Council. This ensures that the community knows what to expect from Council and has an opportunity to provide input before a decision is made.

So that the community can access all community engagement information in one place, the draft Strategy meets the requirements of Section 402A of the Local Government Act 1993 and also incorporates the requirements of the Community Participation Plan as per Part 2 Division 2.6 Section 2.22 of the Environmental Planning and Assessment Act 1979.

It is recommended that the Draft Community Engagement Strategy 2022 be placed 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.

Community Engagement

The Draft Community Engagement Strategy 2022 will be placed on public exhibition for a period of 28 days to enable the community to have an opportunity for input. Notification of public consultation will occur on Council’s ‘Have Your Say’ website, Council libraries and promoted using Council’s various social media and digital channels.

Policy Implications

Following public exhibition, consideration of feedback and adoption by Council, the Draft Community Engagement Strategy 2022 will be a new policy of Council, and would supersede the current Community Engagement Policy and Community Participation and Engagement Strategy.

Following adoption, the Strategy will also be published on the NSW Planning Portal in line with the requirements for Council to have a Community Participation Plan under the Environmental Planning and Assessment Act 1979.

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

Should the Draft Community Engagement Strategy 2022 be adopted by Council following community consultation, the draft Strategy will provide a single source for the community to understand the opportunities for involvement in Council decision making. The Plan also provides clear guidance on the different consultation mechanisms that Council may implement to engage with the community on a wide range of projects.

The Draft Community Engagement Strategy 2022 is an important part of ensuring that Council staff implement the best tools at the right time for meaningful community consultation, in order to inform decision making by Council.

Attachments

1. Draft Community Engagement Strategy 2022

Council Meeting

20 April 2022

Item No: RES04/22-1

Notice of Rescission - C04/22-39 Rates Income - Additional Special Variation (ASV) Application

Councillor/s: Steve Christou, Helen Hughes and Joseph Rahme

File Number: SC483

Notice of Rescission

Pursuant to Notice, Councillors Christou, Hughes and Rahme move that Council rescind the resolution relating to C04/22-39 Rates Income - Additional Special Variation (ASV) Application. A copy of the resolution is shown below:

That Council:

1. Approve a permanent special variation under section 508(2) of the Act.

2. Will receive an additional $1.35m in 2022/23 if the special variation is approved.

3. Will use funds generated by the ASV to maintain Council services and infrastructure.

4. Note the additional average rates payable with an ASV in 2022/23 is $18 per property or $0.34c per week.

Signed:

Councillor Steve Christou

Councillor Helen Hughes

Councillor Joseph Rahme

Attachments

Nil