Agenda of Council Meeting - Wednesday, 1 February 2023

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	0425 348 000	Eddy.Sarkis@cumberland.nsw.gov.au
Regents Park Ward
Clr Kun Huang	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 Lisa Lake (Mayor)	0418 669 681	Lisa.Lake@cumberland.nsw.gov.au
Clr Suman Saha (Deputy Mayor)	0419 546 950	Suman.Saha@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

1 February 2023

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

C02/23-226 Minutes of the Ordinary Meeting of Council - 21 December 2022... 5

5 Disclosures of Interest

6 Mayoral Minutes

Nil

7 Public Forum / Presentation of Petitions

8 Items Resolved by Exception

9 Reports to Council

C02/23-227 Legal Report......................................................................................... 17

C02/23-228 Investment Report - December 2022................................................ 19

C02/23-229 Ordinary Council Meeting Schedule - 2023..................................... 43

C02/23-230 Local Government Election 2024 – Engagement of the NSW Electoral Commissioner....................................................................................... 47

C02/23-231 Proposed Granting of Easement - Development Site at Driftway Drive Pemulwuy 55

C02/23-232 Response to Notice of Motion - C09/22-139 - Coleman Park Lidcombe Masterplan............................................................................................. 59

C02/23-233 Response to Notice of Motion - C11/22-196 - Tree Planting Program in Regents Park Ward............................................................................................. 63

C02/23-234 Response to Notice of Motion - C10/22-178 - Community Garden - Botanica, Lidcombe............................................................................................. 125

10 Reports of Council Committees

C02/23-235 Quarterly Progress Report on Council's Section 355 Committee and Community Advisory Committees........................................................................ 133

11 Motions Pursuant to Notice

C02/23-236 Notice of Motion - Open Space Playground Sun Exposure........ 245

12 Motions to Alter or Rescind Council Resolution

Nil

13 Questions on Notice

Nil

14 Closed Session Reports

Nil

15 Resolutions passed in Closed Session

16 Other / General Matters

17 Close

Council Meeting

1 February 2023

Item No: C02/23-227

Legal Report

Directorate: General Manager

Responsible Officer: General Counsel

File Number: 2041456

Community Strategic Plan Goal: Providing Local 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 8 December 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

1 February 2023

Item No: C02/23-228

Investment Report - December 2022

Directorate: Corporate Performance

Responsible Officer: Director Corporate Performance (Deputy GM)

File Number: SC444

Community Strategic Plan Goal: Delivering Sustainable Infrastructure and Services

Summary

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

Recommendation

That Council receive the December 2022 Investment Report.

Report

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

Council Investments as at 31 December 2022

Council’s investment portfolio has a current market value of $215,404,345 and has returned 0.81% 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 1.68%pa (0.14% actual) for the month on a marked-to-market basis versus the bank bill index benchmark’s 2.98%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 0.81%pa versus the bank bill index benchmark’s 1.25%pa.

As at 31 December 2022 the cumulative interest earned was $2,785,908. This is $1,368,575 higher than the year-to-date budget of $1,417,333.

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 Council’s Investment Policy and guided by the investment advisor.

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 December 2022

2. Investment Commentary December 2022

Council Meeting

1 February 2023

Item No: C02/23-229

Ordinary Council Meeting Schedule - 2023

Responsible Division: Governance and Risk

Officer: Acting Director Governance and Risk

File Number: 8671572

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council adopt the Ordinary Council Meeting Schedule for the remainder of 2023.

Recommendation

That Council adopt the Ordinary Council Meeting Schedule for 2023 as outlined in the report.

Report

In accordance with Council’s adopted Code of Meeting Practice, Ordinary Council meetings are held generally on the first and third Wednesday of each calendar month, with the exception of January where no meetings are held. Council is required to meet at least 10 times in a calendar year, each in different months to satisfy the requirements of the Local Government Act 1993.

It is proposed that Council resume its regular meeting schedule from March 2023 following this Council meeting, with Ordinary Council meetings generally being held on the first and third Wednesday of each month with meetings commencing at 6.30pm.

It is recommended that the second Ordinary Council meeting in September be scheduled for the 27^th September 2023, which will be held for the election of the Mayor and Deputy Mayor.

Further, there is a public holiday on Monday the 2^nd October 2023, two days prior to the first Wednesday in October which would provide a short lead time for preparation and review of a business paper, given the 27^th September is proposed to be an Ordinary Council meeting date. Therefore, it is proposed that one meeting be held in October on the 18^th, being the third Wednesday of the month. Given the first Wednesday in November is the 1^st, there would be minimal to no impact on Council business by removing this one meeting.

Accordingly, it is recommended that Council adopt the following Ordinary Council meeting Schedule for 2023:

PROPOSED MEETING DATES (2023)

15^th February

1^st March

15^th March

5^th April

19^th April

3^rd May

17^th May

7^th June

21^st June

5^th July

19^th July

2^nd August

16^th August

6^th September

27^th September (Election of Mayor & Deputy Mayor)

18^th October

1^st November

15^th November

6^th December

20^th December

Community Engagement

The Council meeting schedule if adopted will be updated on Council’s website.

Policy Implications

The 2023 Ordinary Council meeting dates recommended for adoption in this report are consistent with Council’s currently adopted Code of Meeting Practice. Any deviation from the Code of Meeting Practice has been reported as part of the schedule to be fixed by a resolution of the Council.

Risk Implications

Adopting this meeting schedule will ensure Council is compliant with its obligations per the Local Government Act 1993.

Financial Implications

There are no financial implications for Council associated with this report. The operation of Council meetings are budgeted.

CONCLUSION

It is recommended that Council now adopt the Council meeting schedule for 2023.

Attachments

Nil

Council Meeting

01 February 2023

Item No: C02/23-230

Local Government Election 2024 – Engagement of the NSW Electoral Commissioner

Responsible Division: Governance and Risk

Officer: Acting Director Governance and Risk

File Number: 9862773

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report recommends that Council engage the NSW Electoral Commissioner to facilitate the 2024 Local Government Election on behalf of Cumberland Council.

Recommendation

That Cumberland Council (“the Council”) resolves:

1. Pursuant to s. 296(2) and (3) of the Local Government Act 1993 (NSW) (“the Act”) that an election arrangement be entered into by contract for the Electoral Commissioner to administer all elections of the Council.

2. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a council poll arrangement be entered into by contract for the Electoral Commissioner to administer all council polls of the Council.

3. Pursuant to s. 296(2) and (3) of the Act, as applied and modified by s. 18, that a constitutional referendum arrangement be entered into by contract for the Electoral Commissioner to administer all constitutional referenda of the Council.

Report

Under section 296AA of the Local Government Act 1993 (the Act), councils must make a decision on how their September 2024 ordinary elections are to be administered no later than 13 March 2023.

Council must resolve either:

· to enter into an election arrangement with the NSW Electoral Commissioner (NSWEC) to administer all the council’s elections, polls and constitutional referenda or

· that the council’s elections are to be administered by another electoral services provider engaged by the council.

If Council does not resolve to engage the NSWEC to administer its elections by 13 March 2023, another electoral services provider must be engaged to do so, and there are only 1-2 vendors in this market.

Attached to this report is the relevant Office of Local Government Circular, outlining the deadline mentioned above.

Under the Local Government Act 1993, Council can resolve to administer its own elections by appointing an electoral services provider. In investigating the report provided post-election by Fairfield City Council (one of only two Councils who proceeded to administer their own elections), it was noted that the costs of administering an election through an electoral services provider were higher than the cost of Council administering its election through the NSW Electoral Commissioner for the 2021 Local Government Election.

In addition to the financial impact, there are significant internal staffing impacts and costs, with also a heightened level of compliance risk should Council determine to administer its own election. Given this, it is recommended that Council appoint the NSW Electoral Commission to administer the election for 2024.

Given the heightened rate of Covid-19 vaccination across the state and the now total lifting of restrictions with respect to Covid-19, it is recommended that Council make strong representation to the NSW Electoral Commissioner that it wishes to reduce the number of voting centres procured for the last election for election day, which was in excess of 70, which was extremely costly. Councillors will be duly informed as to the progress of this.

Community Engagement

Council will assist the NSWEC by running its own voluntary advertising and community awareness activities for the 2024 Local Government Elections. This ensures that Council will meet its statutory advertising obligations whilst also creating greater awareness and engaging the community to participate in the local government election.

Policy Implications

There are no policy implications for Council associated with this report. Council is required to conduct an election on the 14^th September 2024 in accordance with S.287 of the Local Government Act 1993.

Risk Implications

There are significant legislative, reputational, and financial risks that can arise for Council in conducting its own election, as well as the diversion of staff resourcing from delivering on the operational and strategic priorities of Council in assisting in the running of an election with an externally appointed electoral services provider. For these reasons it is not recommended that the election be run by Council.

Financial Implications

There are financial implications associated with running an ordinary election which Council is required to budget for. These costs are factored into Council’s long term financial plan, with the budget spread annually over each term of council for budget management efficiency.

CONCLUSION

It is recommended that Council resolve to engage the NSW Electoral Commissioner to conduct the 2024 Cumberland Council Local Government Election.

Attachments

1. OLG Circular - Administration of September 2024 Elections

Council Meeting

1 February 2023

Item No: C02/23-231

Proposed Granting of Easement - Development Site at Driftway Drive Pemulwuy

Directorate: Governance and Risk

Responsible Officer: Acting Director Governance and Risk

File Number: 9860640

Community Strategic Plan Goal: Delivering Sustainable Infrastructure and Services

Summary

This report provides Council with an update on the easement over Council land required to progress a development site at Driftway Drive, Pemulwuy.

Recommendation

That Council delegate authority to the General Manager to progress the granting of an easement over Lot 201 in Deposited Plan 1121844, in accordance with the independent valuation and offer of compensation attached subject to statutory requirements being met.

Report

At the Ordinary Meeting of Council held on 3 August 2022, Council considered Item No: C08/22-120 ‘Development at Driftway Drive, Pemulwuy – Proposed Retaining Walls and Easement on Council Land’ and resolved (Min. 181):

“That Council:

1. Note the status of the proposed retaining walls and need for an easement/licence on Council land for development located at Driftway Drive, Pemulwuy;

2. Authorise the General Manager to progress and negotiate an easement/licence on Council land outlining all costs and compensation associated with this for the purposes of supporting the retaining walls at this location, subject to statutory requirements being met; and

3. Receive a report for further consideration.”

A development site at Driftway Drive, Pemulwuy (pictured below) was previously approved for subdivision to create residential and open space lots. The site is constrained by contours which require cut and fill and construction of retaining walls to accommodate the approved residential development.

Whilst the retaining walls are proposed to be located on private land, rock anchors providing structural support to the walls are required to be installed below Council land (Marrong Reserve). To enable this, an easement over the Council reserve is required to permit the installation of the rock anchors and allow this development to progress.

Aerial photograph with Council land outlined in blue and the adjoining Development Site (Lot 2066), which require the rock anchors, is outlined in green. The red arrows indicate the approximate location of the rock anchors.

Subsequently, negotiations progressed in accordance with Council’s previous resolution. After extensive negotiations, the attached Letter of Offer and valuation report is enclosed for Council’s determination. It now recommended that Council delegate authority to the General Manager to progress this matter, subject to all statutory requirements being met.

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

The applicant already has an approved development application from Council.

Financial Implications

Compensation received for the granting of the easement will be returned to Council’s reserves to progress future strategic property acquisitions and dealings.

CONCLUSION

In order to progress a development site at Driftway Drive, Pemulwuy, retaining walls are needed due to site constraints. As the retaining walls require the installation of rock anchors below Council land to give appropriate support to the large retaining wall, an easement/licence over Council land is required.

This report provides an update on the negotiation of the easement/licence and presents a Letter of Offer. It now recommended that Council delegate authority to the General Manager to progress this matter, subject to all statutory requirements being met.

Attachments

1. Letter of Offer (confidential)

2. Valuation Report (confidential)

Council Meeting

1 February 2023

Item No: C02/23-232

Response to Notice of Motion - C09/22-139 - Coleman Park Lidcombe Masterplan

Directorate: Environment and Planning

Responsible Officer: Coordinator Public Spaces Planning and Design

File Number: SC458

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report provides a response to the Notice of Motion – Coleman Park Lidcombe Masterplan resolved at the Ordinary Meeting of Council on 7 September 2022 (Min.210).

A landscape masterplan will be prepared by Council for Coleman Park to ensure that this important open public space meets current and future needs of the community.

Recommendation

That Council receive and note the report.

Report

At the Ordinary Meeting of Council on 7 September 2022 on C09/22-139 Notice of Motion Coleman Park Lidcombe Masterplan (Min. 210), it was resolved:

“That Council receive a report outlining the following:

1. Further information on the development of a masterplan for the current and future uses of Coleman Park;

2. Overview of the process to engage the local community for the development of the proposed masterplan;

3. Identify current and future funding sources for the implementation of the proposed masterplan; and

4. Details regarding the proposed overpass from the Botanica Estate.”

Coleman Park is a district-level park located on the corner of Joseph Street and Georges Avenue, Lidcombe (Figure 1). With a diverse offering of active and passive recreation opportunities, Coleman Park is an important public open space in the area.

Figure 1: Site map of Coleman Park

Organised sports currently held at Coleman Park include football (soccer), cricket and ultimate frisbee. Other recreation activities are catered for through existing fenced dog off-leash area, playspace, basketball half court, and park furniture such as bins and seats. Amenities buildings are also located along the northern boundary to support the activities of the park.

Council seeks to prepare a landscape masterplan to guide the future of Coleman Park, aligned with Council’s strategies and plans. The masterplan will set the vision and guide the development of the park to support current and future needs of the community.

The masterplan will be developed in consultation with the community and other key stakeholders, including sporting clubs and associations and Crown Lands (as Coleman Park forms part of Crown Reserve). This consultation will involve a range of engagement activities, including:

· An initial community and stakeholder survey, prior to the commencement of design, to inform the development of the masterplan;

· Stakeholder meetings to ensure technical and operational requirements are considered as part of the preparation of the masterplan; and

· Exhibition of the draft masterplan for Coleman Park to enable community and stakeholder feedback that can be considered and addressed where appropriate prior to finalising the masterplan.

Funding for improvements arising from the masterplan for Coleman Park will be considered during the development of Council’s future Capital Works Program, including using available funds from Council, local infrastructure contributions and/or grants. Other opportunities for funding could be explored through Crown Lands, for example, the Crown Reserves Improvement Fund, as some of the land is managed through this estate.

A planning proposal being finalised for 80 Betty Cuthbert Drive, Lidcombe, which seeks to provide for a range of education, health and residential uses, identifies a new pedestrian overpass across Joseph Street, along the southern boundary of Coleman Park, towards Leila Street. Information on the proposed pedestrian overpass is captured in the site-specific Development Control Plan prepared as part of the proposal. The ramp from the pedestrian overpass is likely to encroach on the current dog off-leash area in the park. In response, the masterplan will consider the footprint of the pedestrian overpass and identify design solutions to mitigate potential impacts on Coleman Park.

Community Engagement

Community engagement activities are outlined in the main body of 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

The preparation of the masterplan for Coleman Park will be prepared utilising existing resources.

CONCLUSION

Coleman Park is a key piece of public open space, providing a variety of recreation opportunities for the community. A masterplan for Coleman Park will provide a future vision for the park and will guide improvements to meet current and future needs.

Attachments

Nil

Council Meeting

1 February 2023

Item No: C02/23-233

Response to Notice of Motion - C11/22-196 - Tree Planting Program in Regents Park Ward

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC458

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report provides a response to the Notice of Motion – Tree Planting Program in Regents Park Ward resolved at the Ordinary Meeting of Council on 2 November 2022 (Min.283).

Recommendation

That Council receive and note the report.

Report

Background

At the Ordinary Meeting of Council on 2 November 2022, a Notice of Motion (Min.283) was considered on a tree planting program for the Regents Park Ward. At the meeting, Council resolved the following:

“ That Council receive a report outlining:

1. A tree planting program in parks/reserves across the Regents Park Ward, including, but not exhaustive of:

i. Parks/reserves to include coverage of tree planting

ii. Potential species of trees for consideration across the Ward

iii. Assurance of a maintenance program to cover the parks/reserves continuously and in a fair and equitable manner

2. The provision of further information on funding opportunities to progress the tree planting program across the Regents Park Ward.”

Council adopted an Urban Tree Strategy in 2020. The Strategy aligns with Cumberland 2030: Our Local Strategic Planning Statement and the Community Strategic Plan. It provides a framework to increase tree planting, canopy cover and mitigate the urban heat island effect in Cumberland.

According to research by University of Technology Sydney, Cumberland’s tree canopy coverage is approximately 15%, shrubland covers approximately 5%, 50% is hard surface and 30% of area potentially plantable areas consisting of grass or bare ground. Tree cover percentage is consistent across all five Council wards.

Tree Planting Program

One of the Key Focus Areas of the Urban Tree Strategy is to maintain, protect and increase tree canopy. A tree planting program is a component of this focus area in delivering this outcome for the community. In recent years, Council has planted over 2,700 additional trees in public areas across Cumberland, with funding received through the NSW Government under the Greening Our City Grant Program.

As outlined in the Urban Tree Strategy, Council has identified a strategic program to focus efforts on tree planting for Council assets and public areas. The program focuses on the following areas:

· Tree planting in town centres

· Tree planting along road verges, nature strips and open spaces

· Tree planting to support biodiversity corridors in Cumberland

Considerations for Regents Park Ward

The Regents Park Ward covers the suburbs of Auburn, Berala, Homebush West, Lidcombe, Regents Park and Rookwood. Town centres located in the ward include Auburn, Lidcombe, Berala and Regents Park. There are a number of local and district level parks, with biodiversity corridors located in areas such as the Duck River Parklands and Prospect Pipeline Corridor. Out of the over 2,700 additional trees already planted by Council in recent years, over 480 trees were planted in the Regents Park Ward, including in town centres as well as within recent projects, such as RAAF Stores Park Memorial and Guilfoyle Park Playspace Upgrade.

Going forward, the tree planting program for Regents Park Ward in relation to parks and reserves will focus on the following areas:

· The planting of an additional 600 trees as part of a recent grant application that Council received funding in December 2022 under the Greening Our City Grant Program. It is anticipated these trees will be planted in Coleman Park, Friends Park, Lidcombe Remembrance Park, Jack and Jill Reserve, Dudley Reserve, and Central Park.

· The piloting of a native low maintenance meadow concept at Kibo Reserve in Berala. This native meadow will include the planting of over 3,000 plants, with 50 of these plantings to be trees.

· Subject to funding being received under the WestInvest program, additional tree plantings in the Duck River Parklands, Prospect Pipeline Corridor, Lidcombe and Regents Park Town Centres and other local areas within the ward.

· Identifying areas for tree plantings in forthcoming landscape masterplans and concept plans in the area, such as Phillips Park, Coleman Park and Chadwick Reserve.

In relation to potential species of trees for planting, a range of possible trees are identified in the Urban Tree Strategy. These species respond to a range of environmental and functional criteria, such as size, resilience, level of maintenance and species diversity. For site specific planning, such as masterplans, additional information may also be provided on the type of tree species that can be used for a location.

In regard to maintenance, most trees require regular maintenance in their first year to ensure successful growing. Following this the trees are then provided one yearly visitation for pruning, feeding and are also included in Council’s regular maintenance program. In addition, tree plantings covered under grant funded initiatives include a 12-month maintenance program that provides 32 visitations to each tree to ensure their success in the early growth phase of the planting.

In relation to funding, there are opportunities that can be explored through Council revenue, grants and local infrastructure contributions. In addition, a favourable decision on applications under the WestInvest grant program will enable further tree plantings to be accelerated in the short term. Council officers will continue to pursue these opportunities to maximise the scale of tree planting in Cumberland.

Community Engagement

A community engagement program on trees will be rolled out in 2023 under funding from the NSW Government. This will build on earlier work undertaken for previous environmental campaigns by Council, learnings from other Councils, and information provided by the NSW Government on the topic.

Policy Implications

Tree planting through the Regents Park Ward supports delivery of Council’s Urban Tree Strategy 2020 specifically Key Focus Area 2: Maintain, protect, and increase existing tree canopy.

The program also aligns with the strategic directions within the Central City District Plan and will help Council meet its regional commitments by addressing Planning Priority C16: Increasing urban tree canopy cover and delivering Green Grid connections.

Risk Implications

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

Financial Implications

Commitments to the tree planting program outlined in this report are covered under grants already received by Council.

CONCLUSION

In response to Council’s Notice of Motion in November 2022 regarding tree planting program in the Regents Park Ward, it is recommended that Council receives and notes this report detailing Council’s tree planting program and funding opportunities for tree planting.

Attachments

1. Urban Tree Strategy

Council Meeting

1 February 2023

Council Meeting

1 February 2023

Item No: C02/23-234

Response to Notice of Motion - C10/22-178 - Community Garden - Botanica, Lidcombe

Directorate: Environment and Planning

Responsible Officer: Director Environment & Planning

File Number: SC458

Community Strategic Plan Goal: Enhancing the Natural and Built Environment

Summary

This report provides a response to the Notice of Motion - Community Garden - Botanica, Lidcombe resolved at the Ordinary Meeting of Council on 19 October 2022 (Min.271).

A suitable location has been identified for the establishment of a community garden within Central Park, Botanica, Lidcombe. It is recommended that Council endorse in-principle the proposed location, and progress further planning work and community engagement on the proposal prior to a final decision being made on the proposal.

Recommendation

That Council:

1. Endorses in-principle the proposed location for a community garden at the north-western corner of Central Park in Botanica Estate, Lidcombe; and

2. Progress further planning work and community engagement prior to a final decision being made on the proposal.

Report

Background

At the the Ordinary Meeting of Council on 19 October 2022 on C10/22-178 Notice of Motion - Community Garden - Botanica, Lidcombe (Min.271), it was resolved:

“That Council receive a report outlining:

1. The establishment of a community garden within Botanica Estate, Lidcombe.

2. Identify possible funding opportunities for the project.”

Community gardens are places where people come together to grow food, get active and meet new people. They allow people to connect with nature and participate in their local community.

Council currently has three community garden facilities across the LGA:

1. Wentworthville Community Garden

2. Merrylands Community Garden

3. Auburn Community Garden (Friendship Garden)

A fourth community garden has been identified for Driftway Reserve, Pemulwuy. Grant funding has been secured for this facility and planning work is progressing on the initiative.

Potential Locations for a Community Garden in Botanica Estate, Lidcombe

The selected site for a community garden needs to be large enough to accommodate the required facilities and to ensure that members each have enough space to meaningfully grow produce.

A review of the open space within the Botanica Estate, Lidcombe was performed to assess potential sites for their suitability for the development of a community garden. Potential locations examined include Turpentine Park and Central Park, which are shown in Figure 1.

Figure 1: Potential locations examined for a community garden at Botanica Estate

Following a review by Council officers, Turpentine Park was deemed unsuitable for further consideration based on the small size of the park and large amount of existing trees and resulting canopy cover of the site.

The other location reviewed by Council officers is Central Park. This is the largest open space area within the Botanica Estate. The park is characterised by passive recreation spaces consisting of open turf areas and established native trees. In the centre of the park there is a playspace and sitting area. Two main footpaths provide access through the park. There is also a heritage conservation area which limits development in the southern half of the park.

Figure 2: Central Park, Botanica Estate

(purple line is park boundary, red hatching is heritage conservation area)

Within Central Park, the review by Council officers identifed that a suitable location for a community garden is the area located in the north-western corner bounded by Ironbark Cres, Magnolia Ave and Botanica Dr (Figure 3). This location is an existing area of the park that is separate from the main open space area. It has a northerly aspect and is level and free from services. Due to its size and corner location with street frontages, it has good visibility which will enable passive surveillance to lower risk of vandalism.

Based on the review, it is recommended that Council endorses in-principle the proposed location for a community garden at the north-western corner of Central Park in Botanica Estate, Lidcombe.

Figure 3: Recommended community garden location at north-western corner of Central Park, Botanica Estate

Considerations for a New Community Garden

Should Council seek to progress a new community garden for Botanica Estate, Lidcombe, there are a number of considerations as provided below.

Development of a Concept Plan

The first step is the preparation of a concept plan to set a vision and guide the development of the proposal for a new community garden at Botanica Estate. The concept plan can be funded through existing resources and prepared in consultation with the community and other key stakeholders.

Establishment and Ongoing Costs

Captial costs to establish a community garden at this site are estimated at $100,000, subject to further detailed design and costing. Ongoing costs from Council are based on the management model adpoted at the garden, which could be led by Council or led by a community committee.

Management of the Garden

To reduce operating resources from Council and improve community buy-in, a community committee could be established to manage the day-to day activities of the garden with key oversight from Council. Wentworthville Community Garden is a good example of a self-managed, community led garden with little input required from Council. The design of the garden will propose features that reduce maintenance and management requirements and allow for the safe and effective use by the communtiy.

Funding Options

There are a range of funding options available to progress a new community garden at Botanica Estate, Lidcombe. These include Council’s Capital Works Program, local infrastructure contributions or other income sources.

There is also the opportunity for the project to be partially funded through an application to the NSW Government’s Places to Roam Community Gardens grant program, which offers $75,000 in unmatched funds. The third and final round of this grant program is offered in the 2023/24 financial year.

Next Steps

Based on the initial planning work undertaken to date by Council officers, it is recommended that Council endorses in-principle the proposed location for a community garden at the north-western corner of Central Park in Botanica Estate, Lidcombe. Should this be endorsed by Council, it is also recommended to progress further planning work and community engagement prior to a final decision being made on the proposal.

Community Engagement

Subject to endorsement by Council, community engagement would be undertaken on the proposal. This is likely to include the following activities:

· An initial community survey to gain feedback on the proposed location within Central Park and to gauge community interest for such a facility

· Consultation on the concept plan for the community garden, informed by initial community feedback

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 progression of the concept plan for a new community garden at Botanica Estate can be undertaken with existing resources. Further funding would be required beyond this stage, as outlined in the report.

CONCLUSION

Following the Notice of Motion for a new community garden at the Botanica Estate, Lidcombe, a review has been undertaken by Council officers. It is recommended that Council endorse in-principle the proposed location within Central Park, and progress further planning work and community engagement on the proposal prior to a final decision being made on the proposal.

Attachments

Nil

Council Meeting

1 February 2023

Item No: C02/23-235

Quarterly Progress Report on Council's Section 355 Committee and Community Advisory Committees

Responsible Division: Governance and Risk

Officer: Acting Director Governance and Risk

File Number: SUB565

Community Strategic Plan Goal: Transparent and accountable leadership

Summary

This report provides the Draft Minutes of the quarterly Section 355 Committee and Community Advisory Committee meetings held this Council term, convened since the last quarterly update to Council.

An update of the second Expressions of Interest process for the Access, Events, Library and Youth Committees is also provided.

Recommendation

That Council:

1. Receive the report noting the Draft Minutes of Council’s Section 355 and Community Advisory Committees recently convened;

2. Approve the recommendations to Council noted in the various Committee Minutes, as summarised in the report; and

3. Appoint the additional community representatives to the respective Committees, as summarised in the report.

Report

Access, Events, Library and Youth Committee Expressions Of Interest Process

At the Ordinary Meeting of Council held on 5 October 2022, it was resolved (Min. 247):

“That Council:

1. Receive the report noting the Draft Minutes of Council’s Advisory Committees for the meetings held throughout August 2022;

2. Approve the recommendations to Council noted in the various Committee Minutes,

3. Appoint Brandon Brown, Malinda Guerin, Lindsay McCabe, Michelle Pearce and Venessa Possum as Community Representatives to the Cumberland ATSIC Committee for a period of 2 years, in accordance with the adopted Terms of Reference.”

Summarised below is the outcome of each Committee that Council resolved to undertake a further Expressions of Interest process to maximise community representation:

Committee (No. of available spaces for community representation)	No. applications received for community representation	Recommendation from Expressions of Interest Process
Access (7)	3	It is recommended that Council appoint the following members to the Committee: Erica Dilworth, Melissa Shehata and Vishal Shah.
Events (2)	3	It is recommended that Council appoint the following members to the Committee: Mohammed Alqadi and Sami Eid.
Library (2)	0	No further action.
Youth (4)	4	It is recommended that Council appoint the following members to the Committee: Marlene Khouzam, Bernadette Martinez, Jessica Searle and Madeleine Soyer.

Quarterly Advisory Committee Meetings

Council’s Advisory Committees conducted their second meetings from 1 November 2022. The final draft minutes of the meetings held are attached to this report.

In addition to the above, the following recommendations are made to Council:

Committee	Committee Recommendation
Aboriginal and Torres Strait Islander Consultative Committee (ATSICC)	The Committee recommend that Council: 1. Appoint Dr Richard Morante as a Community Representative to the Cumberland ATSICC Committee for the remainder of this Council term to September 2024, in accordance with the adopted Terms of Reference. 2. Approve the revised Terms of Reference removing from clause 14 the ability for the Chairperson to place a casting vote and allow the decision making process to be based on consensus.
Heritage	The Committee recommend that Council appoint Linda Stepto and Robert Lynch to the Heritage Committee for the remainder of this Council term to September 2024, in accordance with the adopted Terms of Reference. The Committee agreed that staff undertake a re-evaluation of previous applications. Applicants to re-confirm their interest should they be successful, for their appointment to be in effect.
Homelessness	The Committee recommend that Council: 1. Appoint Mohammed Alqadi and John Treloar as Community Representatives to the Cumberland Homelessness Committee for the remainder of this Council term to September 2024, in accordance with the adopted Terms of Reference. 2. Approve the revised Terms of Reference, omitting from clause 7 “The Chairperson must be a Community Representative” and replacing with “any member of the Committee may be the Chairperson”.

Community Engagement

Council ran an open and transparent Expression of Interest process via Council’s ‘Have Your Say’ platform between 18 October 2022 until 16 November 2022 for additional membership. In addition to this, the Expressions Of Interest process was regularly notified through e-news, community newsletters and social media platforms.

All applicants will be notified of Council’s decision post meeting and if supported, Council will proceed to discuss the formation and onboarding process of newly appointed Committee members.

Policy Implications

All Committees undertook their meetings in accordance with Council’s Governance Framework.

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 report has been prepared to provide Council the minutes of the second quarterly advisory committee meetings for this Council term, held in November 2022. It is now recommended that Council receive the minutes, and endorse the actions contained within the report.

Attachments

1. Wentworthville Community Garden S355 Committee - 6 October 2022

2. Wentworthville Community Garden S355 Committee - 1 December 2022

3. ATSIC Committee Minutes - 27 October 2022

4. Access Committee Minutes - 15 November 2022

5. Arts Committee Minutes - 15 November 2022

6. Community Safety & Crime Prevention Committee Minutes - 7 November 2022

7. Companion Animals Committee Minutes - 1 November 2022

8. CALD Committee Minutes - 28 November 2022

9. Events Committee Minutes - 3 November 2022

10. Green Corridor Committee Minutes - 8 November 2022

11. Heritage Committee Minutes - 22 November 2022

12. Homelessness Committee Minutes - 14 November 2022

13. Library Committee Minutes - 8 November 2022

14. Youth Committee Minutes - 24 November 2022

15. ATSIC Committee - revised Terms of Reference

16. Homelessness Committee - revised Terms of Reference

Council Meeting

1 February 2023

Item No: C02/23-236

Notice of Motion - Open Space Playground Sun Exposure

Councillor: Sabrin Farooqui and Mohamad Hussein

File Number: SC488

Summary

Pursuant to Notice, Councillor Farooqui and Councillor Hussein submitted the following Motion.

Notice of Motion

In summer it is important to consider the increased risks of sun (UV) and heat exposure on our community, this is particularly relevant in playgrounds that are frequently used by families. There are still a number of playgrounds and open space areas across the Cumberland Area that do not have enough adequate shaded areas which reduce the risk of sun and heat exposure to our residents.

I propose that Council bring a report back outlining the following:

1. Detailed Information relating to the number of parks, playgrounds and open spaces that do not have adequate shade.

2. Provide further information and a plan to increase the amount of shade and reduce the temperature in our parks and open spaces, particularly over playgrounds.

3. Include any budgetary or financial implications in the report.

Resourcing/FINANCIAL Implications

The report can be prepared using existing resources.

General Manager Advice

Council has undertaken research with Western Sydney University regarding urban heat management, and is progressing a range of initiatives for implementation. Shading in open spaces is an area for consideration as part of this approach.

Attachments

Nil