Agenda of Council Meeting - Wednesday, 24 August 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

Statement of Ethical Obligations

Oath or Affirmation of Office

In taking the Oath or Affirmation of Office, each Councillor has made a commitment to undertake the duties of the office of councillor in the best interests of the people of Cumberland and Cumberland City Council and that they will faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act 1993 or any other Act to the best of their ability and judgment.

Conflicts of Interest

A councillor who has a conflict of interest in any matter with which the council is concerned, and who is present at a meeting of the council when the matter is being considered, must disclose the interest and the nature of the interest to the meeting as soon as practicable. Both the disclosure and the nature of the interest must be recorded in the minutes of the Council meeting where the conflict of interest arises. Councillors should ensure that they are familiar with Parts 4 and 5 of the Code of Conduct in relation to their obligations to declare and manage conflicts of interests.

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

Council Meeting

24 August 2022

ORDER OF BUSINESS

All Council Meetings are livestreamed via Council’s website. An audio/visual recording of the meeting is published following the meeting. Recordings remain on Council's website for a period of 12 months and are archived following this.

1 Opening of Meeting

2 Opening Prayer / Acknowledgement of Country / National Anthem

3 Apologies / Requests for Leave of Absence/ Requests for Attendance by Audio-Visual Link

4 Confirmation of Previous Minutes

C08/22-124 Minutes of the Ordinary Meeting of Council - 03 August 2022.......................................... 5

5 Declarations of Interest

6 Public Forum / Presentation of Petitions

7 Items Resolved by Exception

8 Mayoral Minutes

Nil

9 Reports to Council

C08/22-125 Legal Report............................................ 25

C08/22-126 Investment Report - July 2022.................. 27

C08/22-127 Code of Conduct & Procedures for the Administration of the Code of Conduct - Post Election Review........................................ 51

C08/22-128 Draft Duck River Parklands Strategic Masterplan............................................. 147

10 Reports of Council Committees

Nil

11 Motions Pursuant to Notice

C08/22-129 Notice of Motion - Community Pantry...... 287

12 Motions to Alter or Rescind Council Resolution

C08/22-130 Notice of Motion to Alter Council Resolution - C08/22-114 Draft Councillor Expenses and Facilities Policy....................................... 289

C08/22-131 Notice of Motion to Alter Council Resolution - C08/22-122 Notice of Motion - Social Housing.................................................. 291

13 Questions on Notice

Nil

14 Closed Session Reports

Nil

15 Resolutions passed in Closed Session

16 Other / General Matters

17 Close

Council Meeting

24 August 2022

Item No: C08/22-125

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 5 August 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

24 August 2022

Item No: C08/22-126

Investment Report - July 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 July 2022.

Recommendation

That Council receive the July 2022 Investment Report.

Report

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

Council Investments as at 31 July 2022

Council’s investment portfolio has a current market value of $188.68m and has returned 0.03% 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

Council’s investment portfolio returned 4.36%pa (0.36% actual) for the month of July on a marked-to-market basis versus the bank bill index benchmark’s 1.45%pa return. Council’s managed funds investments will experience monthly volatility as financial markets change their outlook but provide a favourable return as a long term investment. For the past 12 months, the investment portfolio has returned 0.03%pa versus the bank bill index benchmark’s 0.22%pa.

Share and bond markets recorded healthy rebounds in July following poor recent results. This helped the NSW TCorpIM Medium Term Growth Fund record a solid marked-to-market return in July of 3.02% (actual).

As at 31 July 2022 the cumulative interest earned was $610k. This is $471k Higher than the year-to-date budget of $139k.

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:

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 Report July 2022

2. Investment Report Commentary July 2022

Council Meeting

24 August 2022

Item No: C08/22-127

Code of Conduct & Procedures for the Administration of the Code of Conduct - Post Election Review

Responsible Division: General Manager

Officer: Executive Manager General Manager's Unit

File Number: HC-06-06-2/04

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct, as required under the Local Government Act 1993 within 12 months of an ordinary election.

Recommendation

That in accordance with S.440 (7) of the Local Government Act 1993, Council adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct as attached to this report.

Report

The Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct (Model Code Procedures) are prescribed under section 440 and 440AA of the Local Government Act 1993. The 2020 Model Code of Conduct and Model Code Procedures were prescribed on 7 August 2020.

A copy of the prescribed Model Code of Conduct and Procedures for the Administration of the Model Code of Conduct in the Council’s Policy template are attached to this report. These versions are unchanged to the content contained in the Office of Local Government document. These documents are in Council’s template for the purposes of Policy management protocols and consistency, and are as per the currently adopted documents by Council.

It is now recommended that Council adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct.

Community Engagement

As Council is recommended to adopt the Model Code of Conduct and the Procedures for Administration of the Code of Conduct as prescribed and with unchanged content to the versions published on the Office of Local Government website, there are no consultation processes for Council associated with this report.

Policy Implications

Adoption of the Code of Conduct and Model Code Procedures will rescind the previously adopted versions of the same documents.

Risk Implications

Adoption of the Code of Conduct and Model Code Procedures will ensure Council is complying with the requirements of Section 440 of the Local Government Act 1993.

Financial Implications

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

CONCLUSION

Council has prepared its Code of Conduct and Procedures for the Administration of the Code of Conduct unchanged from the currently adopted versions of the documents and the Model OLG issued documents. It is now recommended that Council adopt these key documents.

Attachments

1. Code of Conduct

2. Procedures for the Administration of the Model Code of Conduct

Council Meeting

24 August 2022

Item No: C08/22-128

Draft Duck River Parklands Strategic Masterplan

Responsible Division: Environment & Planning

Officer: Director Environment & Planning

File Number: SC648

Community Strategic Plan Goal: A clean and green community

Summary

The Draft Duck River Parklands Strategic Masterplan has been developed as part of the Metro Greenspace Grant Program to plan for key corridors and meet objectives of the Central City District Plan and Cumberland 2030: Our Local Strategic Planning Statement.

This report summarises the preparation process and objectives relating to the draft Strategic Masterplan and recommends that the Draft Duck River Parklands Strategic Masterplan be placed on public exhibition for consultation with the community.

Recommendation

That Council place the Draft Duck River Parklands Strategic Masterplan, as provided in Attachment 1, 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

Background

The Duck River Corridor covers a range of recreational, environmental and developable lands, and traverses through the suburbs of Clyde, Auburn, South Granville and Chester Hill. At a district level, the Duck River is identified as a key priority for the Green Grid within the Central City District Plan, and is also the main tributary of the Parramatta River. At a local level, there are opportunities for access along its banks and environmental habitats, as well as open space for active and passive recreation.

A Draft Duck River Parklands Strategic Masterplan has been prepared to guide the future vision for this area. The matter was considered by Council on 1 June 2022 (C06/22-75). At the meeting, Council resolved that:

“1. The report be deferred for further consideration, with the report to provide information in relation to how many properties remain to be acquired, and how many properties are held by Council.

2. A bus tour be organised for Councillors of the subject area.”

Following the Council meeting, the property information requested has been collated and included in this report. A bus tour was also organised for Councillors of the subject area and was held in June 2022. A further tour was also undertaken in July 2022 for Councillors unable to attend the earlier tour.

Property Considerations for Duck River Parklands

The Duck River Parklands is covered by a range of zones in the Cumberland Local Environmental Plan (LEP), as shown in Figure 1, including RE1 Public Recreation, RE2 Private Recreation, E2 (now C2) Environmental Conservation and W1 Natural Waterways. The land use tables associated with these zonings is also provided in Figure 2, and is consistent with the intended uses for the area. Most of this land is categorised as community land, with some landholdings in the area, such as the depot, categorised as operational land. There are also some landholdings in the area that are part of the Crown Lands Estate, which is under the care and control of Council, as well as caveats on title for other landholdings by the NSW Government regarding the use of the land for recreation or environmental purposes.

Figure 1: Duck River Parklands – Land Use Zoning Maps

Figure 2: Duck River Parklands – Land Use Tables for Identified Zones

Council also has landholdings adjacent to the Duck River Parklands in Auburn. This is located in the section bounded by the Duck River Parklands, Chiswick Road, Chisholm Road and Mona Street. These landholdings include seniors housing, residential properties and currently vacant sites.

A review of property acquisitions along Duck River has been undertaken, and was informed by a comparison of the land acquisition maps for the former Councils (Auburn LEP 2010 and Parramatta LEP 2011) with the Cumberland LEP (2021). As shown in Figure 3, the review identified that 12 lots have been acquired between the preparation of these maps, and that six lots remain on the land acquisition map to provide for local open space, local environmental conservation or local road widening. The remaining lots yet to be acquired are identified in Table 1.

Land Holding	Purpose of Land Acquisition
1 Arthur Street, Auburn	Local Open Space (RE1)
4 Hanley Street, Auburn	Local Open Space (RE1)
249 Chisholm Road, Auburn	Local Open Space (RE1)
251 Chisholm Road, Auburn	Local Open Space (RE1)
16 Wellington Road, South Granville	Local Environmental Conservation (E2)
Banksia St, South Granville	Local Road Widening (R2)

Table 1: Duck River Parklands – Sites Identified for Land Acquisition in Cumberland Local Environmental Plan (LEP)

There are opportunities for landholdings at and adjacent to the Duck River Parklands to be reviewed to support the delivery of the Strategic Masterplan. This includes consideration of future land use activities on key sites owned by Council, confirmation that identified sites for land acquisition are still required, and potential for landholdings to be divested or acquired to support best use of land that aligns with the intent of the masterplan. While these opportunities are identified in the Draft Strategic Masterplan for further consideration, it is important to note that these decisions are not required now. Rather, these opportunities may be considered by Council in the future and are not precluded by the masterplan.

Red = Acquisition in Former LEP that has since been acquired

Red / Yellow = Acquisition in Former LEP that has transferred into Cumberland LEP

Figure 3: Duck River Parklands – Land Acquisition Information

Draft Strategic Masterplan

· District green grid priority

· Accessibility

· Quality open space

· Tree canopy/biodiversity

· Urban cooling

· Healthy waterways

· Resilience

Previous studies and strategic planning as well as extensive community engagement have informed the development of the Draft Duck River Parklands Strategic Masterplan. Environmental studies, the Cumberland Open Space and Recreation Strategy, detailed masterplans of areas of the corridor (such as the Auburn Botanic Garden) as well as engagement conducted on site and through Painted River and Cumberland Cherry Blossom events have assisted in the planning process.

Key considerations for the Draft Duck River Parklands Strategic Masterplan focus on existing local connections, interfaces with other spaces and land uses and environmental factors. To address these considerations the document develops a vision for the parklands. The objectives of the strategic masterplan are to:

· Improve access to parklands for recreation

· Protect habitat and biodiversity

· Build on important cultural and heritage areas

· Strengthen integration of industry and economic activities within the corridor

As a centrally located, green riparian corridor within the Local Government Area, the vision for the future Duck River Parklands is to promote the key green corridor as “A green heart for Cumberland City”. With this vision in mind, a strategic masterplan has been developed to identify precincts across the corridor and plan for future community use, development and improved connections and management of this key open space riparian area. The precincts in the strategic masterplan are shown in Figure 4.

Following the development of the strategic masterplan for the corridor that outlines the 20 year vision, an implementation plan has been prepared to provide short, medium and long term projects and initiatives to achieve this vision. The implementation plan provides a 4 year and 10 year plan containing an indicative scope and costings. Detailed work on these projects and initiatives is to be undertaken following community engagement and the adoption of the strategic masterplan.

Figure 4: Duck River Parklands – Precincts in Strategic Masterplan

Community Engagement

Earlier community engagement has been undertaken as outlined in the main body of the report. Subject to Council endorsement, the Draft Duck River Parklands Strategic Masterplan will be placed on public exhibition for a period of 28 days, to enable the community and key stakeholders to have an opportunity for input.

Policy Implications

The Draft Duck River Parklands Strategic Masterplan will support the delivery of strategic priorities in the Central City District Plan and Cumberland 2030: Our Local Strategic Planning Statement.

Risk Implications

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

Financial Implications

Funding for improvement works as outlined within the Draft Duck River Parklands Strategic Masterplan and Implementation Plan will be considered during the development of Council’s future Capital Works Program utilising available funds, including 7.11 Contributions, grants or lease income.

CONCLUSION

This report recommends that the Draft Duck River Parklands Strategic Masterplan be placed on public exhibition for a period of 28 days, to enable the community and key stakeholders to have an opportunity for input. A further report will be prepared and presented to Council following the period of community engagement.

Attachments

1. Draft Duck River Parklands Strategic Masterplan

Council Meeting

24 August 2022

PDF Creator

Council Meeting

24 August 2022

Item No: C08/22-129

Notice of Motion - Community Pantry

Councillor: Suman Saha and Diane Colman

File Number: SC487

Summary

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

During the height of the pandemic Council worked alongside many community groups to distribute hampers containing food and other essential items to residents who needed such support during the crisis.

Whilst the worst of lockdowns and restrictions appear to be over for now, there remains a need in many communities for assistance with the provision of food.

According to the Foodbank Hunger Report 2021:

· More than one in six Australian adults can be categorised as severely food insecure – this means they experience multiple disruptions to their eating patterns, and they often must reduce their food intake

· 1.2 million children are living in food insecure households - more than two in five severely food insecure parents (43%) say their children go a whole day without eating at least once a week

· While food insecurity is a long-term experience for many, COVID-19 has caused others to experience it for the first time - more than one in three Australians (38%) who were food insecure during the last year had never experienced food insecurity prior to the pandemic.

· More than two in five food insecure Australians (46%) require more than they currently receive to meet their household’s needs.

· Food insecurity affects more people in jobs than those who have no work. The biggest reason why people do not have enough food for themselves and their families and cannot afford to buy more is unexpected expenses or large bills.

With the rising cost of living expected to continue for some time, as has been widely reported in the media recently, it is incumbent on communities to come together to support those who need assistance.

Council has a significant role to play in coordinating these efforts. This happens through the provision of the infrastructure and other support mechanisms needed for communities to leverage their existing capacity to help those in need.

This is an issue of national significance and certainly one from which our community is not immune.

Therefore Councillors, I propose the following:

Notice of Motion

That Council:

1. Note the increasing significance and spread of food insecurity in Australia which has been exacerbated by the pandemic and now also rising living costs.

2. Receive a report investigating options for the creation of community pantries with the support of local food relief charities, community groups and volunteers, with such a report to include consideration of:

§ Any associated costs and possible funding sources for the creation of community pantries

§ Possible locations/facilities for these pantries

§ Proposed operating hours and days

§ Any required staffing and whether these pantries can be staffed using existing resources

§ How members of the community could contribute to the setting up, stocking and staffing of this initiative

Resourcing/FINANCIAL Implications

There are no resourcing implications associated with the preparation of a report considering the above matters. It is anticipated that this report could be prepared for a Council meeting in early October.

General Manager Advice

A report considering these matters will be provided back to Council utilising existing resources as per the timeframe outlined above.

Attachments

Nil