Agenda of Council Meeting - Wednesday, 6 July 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 Paul Garrard	0414 504 504	Paul.Garrard@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

6 July 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

C07/22-93 Minutes of the Ordinary Meeting of Council - 15 June 2022........... 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

C07/22-94 Draft Disability Inclusion Action Plan................................................ 23

Director Finance & Commercial Services

Nil

Director Environment & Planning

C07/22-95 Ratification of Agreement with Service NSW.................................. 47

Director City Services

Nil

10 Reports of Council Committees

C07/22-96 Traffic Committee - Minutes of Meeting Held on 1 June 2022..... 75

11 Motions Pursuant to Notice

C07/22-97 Notice of Motion - Feasibility of Resource Packs......................... 325

C07/22-98 Notice of Motion - Domestic and Family Violence........................ 327

C07/22-91 Notice of Motion - General Manager Performance Committee.. 329

12 Notices of Rescission

RES07/22-2 Notice of Rescission - C06/22-78 Tender Evaluation Report - Swim Centre Facility Management and Services Contract................................. 331

RES07/22-3 Notice of Rescission - C06/22-71 Adoption of Draft Code of Meeting Practice - Post Exhibition.................................................................................... 333

13 Questions on Notice

Nil

14 Closed Session Reports

C07/22-92 Performance Agreement for Cumberland Council General Manager for the period 1 July 2022 to 30 June 2023 and Amendments to the Review of the Performance of the General Manager Policy

Note: Included in Closed Council in accordance with Section 10A(2)(a) of the Local Government Act as the information involves personnel matters concerning particular individuals (other than Councillors).

15 Other / General Matters

16 Close

Council Meeting

6 July 2022

Item No: C07/22-94

Draft Disability Inclusion Action Plan

Responsible Division: Community and Organisation Development

Officer: Director Community and Organisation Development (Deputy GM)

File Number: 9491889

Community Strategic Plan Goal: A safe accessible community

Summary

The NSW Disability Inclusion Act 2014 has made it a legislative requirement for Council to have a Disability Inclusion Action Plan (DIAP). This report presents the Draft Cumberland Disability Inclusion Action Plan 2022 – 2026 (DIAP) for public exhibition. Council has undertaken a comprehensive community engagement process to inform the development of the Plan.

The DIAP provides a strategic framework to guide Council in meeting its responsibilities with regard to people with disability and the NSW Disability Inclusion Act 2014. The DIAP also provides Council with an achievable plan on how to improve the accessibility of its services, facilities and activities and create a more inclusive and accessible community.

Recommendation

That Council place the Draft Disability Inclusion Action Plan 2022 - 2026 on public exhibition for a period of 28 days, with a report to be provided back to Council following the conclusion of the exhibition period.

Report

Council is required to implement a Disability Inclusion Action Plan in accordance with Section 12 of the NSW Disability Inclusion Act 2014 (DIA) and to have the plan adopted by November 2022.

The Act recognises that people with a disability have a right to participate as fully as possible in community life. Under the Act, Council has an obligation to make its facilities and services accessible and inclusive and to remove any barriers in society that prevent or limit this inclusion.

The Disability Inclusion Action Plan is a whole of Council Plan which provides a strategic framework for Council to plan for, and respond to, issues relating to disability access.

Cumberland City Council has a proven track record of supporting disability inclusion planning. Our previous action plan (2017-2021) set forth strategies to positively shape Council practices to ensure greater inclusion of people with disability, carers and families. Our new plan will build on that and incorporate what we have learned over the past four years.

Key outcomes were delivered by the former DIAP (2017 – 2021) incorporating facilities, employment pathways, pedestrian access and mobility works, customer service provision and delivery of a range of specialised disability support services and programs to the community.

Development of the Plan

Council undertook a comprehensive community and internal engagement process to develop the Draft Plan.

This included:

· An analysis of demographic and other relevant data related to disability in the Cumberland LGA.

· An ‘Easy Read Survey about Disability’ was undertaken with service providers, people with disability, their carers, families and the general public between February and March 2022. 45% of respondents to the survey were people with disability and 39% were carers of a person with disability.

· Three focus groups were undertaken with people with disability, their carers and families, schools, local disability service providers and Council staff. (109 focus group participants).

· An analysis of relevant data collected from the Cumberland Community Satisfaction Survey examined community attitudes and perceptions towards Council’s current and future services and facilities. This survey contained two questions that gave insight into how Council was performing against access and inclusion indicators (602 residents participated).

· An analysis of relevant data from the Community Strategic Plan engagement (conducted in 2018). This included additional questions around community awareness/attitudes of people with disability and priority access, 2500 people were engaged in this process.

All the above activities have seen collectively more than 3,337 people from across Cumberland providing input into the development of the Cumberland Disability Inclusion Action Plan.

Purpose & Focus Areas

The purpose of the Cumberland Disability Inclusion Action Plan is to positively shape Council practices over the next four years to ensure greater inclusion of people with disability, their carers and families.

The DIAP has been developed in accordance with the NSW Disability Inclusion Action Planning Guidelines for Local Government. It is a four-year plan which will be implemented from August 2022.

The Plan focuses on the following four key areas as prescribed under the NSW Guidelines:

1. Developing positive community attitudes and behaviours;

2. Creating liveable communities;

3. Supporting access to meaningful employment;

4. Improving access to mainstream services through better systems and processes.

These focus areas align with the strategic goals outlined in the Community Strategic Plan. Implementation of the Cumberland Disability Inclusion Action Plan will therefore contribute to the overall strategic direction and outcome areas developed to achieve the Cumberland community’s vision of the future.

The DIAP sets forward Council’s commitment to improve access to services, facilities and employment opportunities; create more liveable places and inclusive communities; recognise the rights and contributions of people with disability; and champion diversity in our community.

The Action Plan identifies strategic actions which will be put in place by Council to support people to fully participate in community life and access Council facilities and services. Council will continue to develop partnerships with all levels of government, non-government agencies and the broader community to implement the Plan.

The Plan will also facilitate the active and ongoing participation of people with disability in the planning, implementation and evaluation of projects that have a direct impact on their lives.

Tracking Progress and Reporting

Once adopted, in accordance with the Disability Inclusion Act 2014 (DIA), the Plan will be lodged with the Disability Council NSW.

Progress against the Draft Strategy will be reported quarterly to Council as part of Council’s Corporate Planning and Reporting Framework. An evaluation of the Draft Strategy will be undertaken at the midway mark and at the completion of the four-year term in 2026. The results of this evaluation will be reported to Council and the community.

Whilst Council is responsible for the overall implementation of the Plan, many actions will be implemented by working collaboratively with people with disability, service providers, all levels of government and other stakeholders.

The Access Committee will play a critical role in the implementation of the DIAP to ensure ongoing community input and specialist advice to Council. A key function of the Access Committee remains to oversee the implementation and ongoing monitoring of the Cumberland Disability Inclusion Action Plan. In view of this, it is proposed that members of the newly formed Access Committee be directly engaged with during the period of public exhibition to ensure that an exhaustive engagement process has been undertaken prior to final adoption of the DIAP.

Community Engagement

The Draft Cumberland Disability Inclusion Action Plan will be placed on public exhibition for a period of 28 days, to enable the community to have an opportunity for input.

During the public exhibition period, the following actions and additional community engagement activities will be undertaken:

· The Draft Plan will be distributed to key stakeholders including residents, people with disability, carers and family members, disability service providers and advocates, community groups, government agencies, Access Committee members and others who participated in the engagement process to seek additional feedback and comment.

· The Draft Plan will be made available on the Council website, the “Have Your Say” platform, and at Council libraries, staffed community centres and Council’s customer service centres.

· Promotion of the public exhibition period via Council’s social media channels and distribution of media releases to local papers.

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

· The Draft Plan will also be distributed through community networks, at relevant advisory committee and interagency meetings including Cumberland Parramatta Community Care Forum.

Feedback and public comments arising from the public exhibition period will be reported back to Council and used to inform the final Plan to be reported back to Council for adoption.

Policy Implications

The implementation of the Draft Plan aligns with the Cumberland Community Strategic Plan 2017-2027.

Risk Implications

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

Financial Implications

Funding for the implementation of the Draft Plan has been factored into the approved Operational Plan 2022/23 budget.

Council officers will also proactively seek external grants to support the delivery of actions outlined in the Draft Plan.

CONCLUSION

The provision of accessible and inclusive communities is a vital part of enabling people with disability to fully participate in community life. The Draft Cumberland Disability Inclusion Action Plan is a whole-of-Council planning tool which provides direction for Council in supporting inclusion of people with disability in the community. The DIAP will assist Council in meeting its obligations in relation to the NSW Disability Inclusion Act 2014 and ensure a strategic approach exists to support people with disability to participate fully in community life and access Council facilities and services.

Implementation of the Plan has been incorporated into Council’s Delivery Program and Operational Plan with accompanying responsibilities, resources and timeframes identified.

This report recommends the Draft Cumberland Disability Inclusion Action Plan 2022 - 2026 be placed on public exhibition for a period of 28 days for consultation with the community.

Attachments

1. Draft Cumberland Disability Inclusion Action Plan 2022-2026

Council Meeting

6 July 2022

Item No: C07/22-95

Ratification of Agreement with Service NSW

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: 1304

Community Strategic Plan Goal: A strong local economy

Summary

Cumberland City Council currently has an informal working arrangement with Service NSW to promote and provide access to NSW Government information and services to better assist business owners and to support the local economy.

The support provided by Council to individuals and businesses to access these services has been invaluable, particularly during the Covid-19 pandemic and the subsequent extreme weather conditions and flooding.

This new Agreement is the first time that Cumberland City Council will formalise this working arrangement with Service NSW and is necessary to ensure the continued provision of local business services and good governance of our community. The clauses in the agreement provide a framework for the delivery of services, document each parties’ responsibilities and promote collaboration between Service NSW and Council.

The Agreement is required to be executed by both Council and Service NSW. The Agreement has also been reviewed by Council’s Legal Counsel.

Recommendation

That Council delegate authority to the General Manager to enter into the agreement with Service NSW, and execute any documents as required.

Report

Service NSW for Business (‘Service NSW’) provides free, personalised support to small business owners, to help them understand and comply with their legal and regulatory obligations as pertaining to their different industries, guide them through transactions, and to access governmental financial support.

The services provided to business owners include:

· Business concierge officers who provide one-on-one support for new and existing business owners applying for financial assistance, licences and applications, stimulus vouchers and grants.

· Online business information hubs provide information and how-to guides to help business owners understand their legal requirements and the support available in times of hardship such as Covid-19 support, storms and floods and bushfires assistance and recovery.

· Access to an online Business Profile to make it faster and easier for business owners to transact with NSW Government.

· Access to stimulus vouchers such as Dine and Discover, Active and Creative kids, Parents NSW, Stay NSW, and First Lap swim vouchers which not only benefit businesses but the community in general.

Entering into this new Partnership Agreement will also allow Council access to the Service NSW Dashboard containing Council’s information. The dashboard will provide Council with the ability to forecast future economic development and growth opportunities within the LGA by:

· Providing access to and oversight of business activity within the Local Government area in regard to new business enquiries and voucher delivery and usage.

· Allowing Council to access services for businesses, certification, training and skill development programs for residents and other programs within our Local Government Area.

Cumberland City’s current informal working arrangement with Service NSW has successfully provided access to NSW Government services to assist Cumberland’s business owners and to support the local economy. There is a great benefit for Council to continue with the arrangement and enter into this new formal Agreement to further support the economy, businesses and local jobs.

Community Engagement

There are no consultation processes for Council associated with this report. Entering into the agreement will facilitate ongoing access for Council to support and engage with our business community.

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. The Agreement has been reviewed by Council’s Legal Counsel.

Financial Implications

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

CONCLUSION

Cumberland City’s current informal working arrangement with Service NSW has provided enhanced and easier access to Service NSW’s services for local business. There is a benefit to Council and the community to continue with the arrangement on a more formal level and enter into this new Agreement, which will provide greater support to local businesses and local jobs.

Attachments

1. Service NSW/Cumberland City Council Partnership Agreement

Council Meeting

6 July 2022

Item No: C07/22-96

Traffic Committee - Minutes of Meeting Held on 1 June 2022

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: T-28-02/08

Community Strategic Plan Goal: A resilient built environment

Summary

This report presents the minutes of the Cumberland Traffic Committee meeting held on 1 June 2022, and items for endorsement by Council.

Recommendation

That Council:

1. Receive and note the minutes of Cumberland Local Traffic Committee minutes of 1 June 2022, as provided in Attachment 1.

2. Note the decisions made for items under delegation in accordance with Part 1 of the Terms of Reference for the Cumberland Local Traffic Committee, as provided in Attachment 2.

3. Endorse the recommendations for items in accordance with Part 2 of the Terms of Reference for the Cumberland Local Traffic Committee, as provided in Attachment 3.

Report

A meeting of the Cumberland Traffic Committee was held and the minutes of the meeting are provided in Attachment 1.

In accordance with the Cumberland Local Traffic Committee Terms of Reference, approved by Council on 20 May 2020 (Min. 694 - C05/20-443), the Part 1 items have been approved under delegated authority, and are provided in Attachment 2.

Some items considered by the Cumberland Local Traffic Committee are provided as a recommendation for endorsement by Council. The reports associated with these items are provided in Attachment 3.

Community Engagement

Community consultation will occur in accordance with the recommendations of each 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

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.

Attachments

1. Minutes of the Meeting of Cumberland Local Traffic Committee of 1 June 2022

2. Part 1 items approved under Delegated Authority

3. Part 2 items for Council endorsement

Council Meeting

6 July 2022

PDF Creator

Council Meeting

6 July 2022

Item No: C07/22-97

Notice of Motion - Feasibility of Resource Packs

Councillor: Sabrin Farooqui and Diane Colman

File Number: SC488

Summary

Pursuant to Notice, Councillors Farooqui and Colman have submitted the following Motion.

Notice of Motion

That Council receive a report outlining the feasibility of the following:

1. Preparation of a resource pack that provides information on the following topics:

· Child safety

· Women’s safety

· Seniors support

· Youth Services

· Volunteering opportunities

· Where to learn English

2. Provision of sources for further information on these topics in the package;

3. Translation of the resource pack into the five main languages that are spoken in the local government area;

4. Development of a strategy for providing these resource packs to residents by consulting with local community organisations; and

5. Identification of the cost of the points (1-4) above and identifying a suitable funding source.

Resourcing Implications

This report can be prepared using existing Council resources.

General Manager Advice

Nil.

Attachments

Nil

Council Meeting

6 July 2022

Item No: RES07/22-2

Notice of Rescission - C06/22-78 Tender Evaluation Report - Swim Centre Facility Management and Services Contract

Councillor/s: Michael Zaiter, Steve Christou, Paul Garrard and Helen Hughes

File Number: SC488

The Mayor on the 15 June 2022 Council Meeting deferred this item to the 6 July 2022 Council Meeting.

Notice of Rescission

Pursuant to Notice, Councillors Zaiter, Christou, Garrard and Hughes move that Council rescinds the resolution relating to C06/22-78 Tender Evaluation Report - Swim Centre Facility Management and Services Contract. A copy of the resolution is shown below:

That Council:

1. Decline to accept all tenders in accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2021, noting that calling fresh tenders would not attract additional suitable service providers over and above those that have submitted a tender.

2. Enter into negotiations with The Y NSW (ABN: 28 067 150 010), Belgravia Leisure (ABN: 18 118 940 063), Collective Leisure (ABN: 97 649 014 764) and LSA Venues (ABN: 74 105 575 988), noting that the reason for entering into negotiations is to confirm best and final offers for entering into a contract for the operations of the Auburn Ruth Everess Aquatic Centre only, including all building facilities and plant maintenance for 3 years with the option for two one-year extension periods.

3. Delegate authority to the General Manager to execute the contract following final negotiations.

Signed:

Councillor Michael Zaiter

Councillor Steve Christou

Councillor Paul Garrard

Councillor Helen Hughes

Attachments

Nil