Agenda of Ordinary Council - 28 September 2009

COUNCIL CHAMBERS

The Lord Mayor Clr Antoine (Tony) Issa, OAM – Woodville Ward

Dr. Robert Lang, Chief Executive Officer - Parramatta City Council

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Geoff King – Acting Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne, Deputy Lord Mayor Lachlan Macquarie Ward
Clr Mark Lack – Elizabeth Macarthur Ward			Clr John Chedid – Elizabeth Macarthur Ward
Clr Glenn Elmore – Woodville Ward			Clr Scott Lloyd – Caroline Chisholm Ward
Clr Pierre Esber– Lachlan Macquarie Ward			Clr Andrew Wilson – Lachlan Macquarie Ward
Clr Prabir Maitra – Arthur Phillip Ward			Clr Andrew Bide – Caroline Chisholm Ward
Clr Julia Finn – Arthur Phillip Ward	Clr Michael McDermott - Elizabeth Macarthur Ward	Clr Paul Garrard - Woodville Ward	Clr Chiang Lim – Arthur Phillip Ward

Staff

GALLERY

Ordinary Council	28 September 2009

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Regulatory Council - 14 September 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

8 Regulatory Reports

8.1 Enforcement policy and parking policy

8.2 171 and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)

NOTE: Consideration of this matter wad deferred from the Council meeting held on 14 September 2009. A further memorandum on this issue will be distributed to Councillors Prior to the meeting.

8.3 363 Wentworth Avenue, Pendle Hill

(Lot 1 DP539762)

NOTE: A late report on this issue will be provided to Councillors when available.

9 City Development

9.1 Request to Release Right of Carriageway off Park Street Rydalmere

9.2 The Extension of a Lease to Putt Putt West Ryde Pty Ltd on land at 661 Victoria Road Melrose Park known as Bartlett Park

9.3 Economic Development Update

9.4 Minutes of the Heritage Advisory Committee

10 Roads Paths Access and Flood Mitigation

10.1 West Metro Preliminary Environmental Assessment

11 Culture and Leisure

11.1 Draft Playground Plan- Parra Play Matters

11.2 Proposed Transfer of Various Parcels of Land to Council

11.3 Naming of a Walking Track in Winston Hills as Settler's Trail

12 Community Care

12.1 Meeting Aboriginal and Torres Strait Islander Advisory Committee 28th July 2009

12.2 Western Area Assistance Scheme (WSAAS) 2008/09

12.3 Access Advisory Committee Minutes 18 August 2009

12.4 Methadone dispensing programs in the Parramatta LGA

13 City Leadership and Management

13.1 Review of Delegations Register

13.2 Fraud and Corruption Prevention Policy

13.3 RMIA Risk Management 6th Annual Conference 'The Road to Resilience' in Cairns, QLD from 22 - 25 November 2009

13.4 Investments Report for July 2009

13.5 Review of the Customers Compliments and Complaints Policy

13.6 Review of Investment Policy

13.7 Review of Council's Adopted Code of Conduct

13.8 Review of Council's Policy for Interaction Between Councillors and Staff

14 DECISIONS FROM CLOSED SESSION

15 Closed Session

15.1 Tender 19/2009 - Community Assist Lawn Mowing - Tender

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

15.2 Tender 30/2009 Blacktown Cycleway, Toongabbie - Stage 2B (Chanel Street) - Construction of a Concrete Cycleway and Associated Civil and Landscape Works.

15.3 Tender 21/2009 Parramatta Town Hall - Installation of Air Conditioning to the Charles Byrne and First Floor Meeting Rooms and Associated Works.

15.4 Council's Advisory Committees

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

15.5 Urgent Legal Matters

Nil As yet

16 QUESTION TIME

Ordinary Council 28 September 2009

Item 8.1

REGULATORY

ITEM NUMBER 8.1

SUBJECT Enforcement policy and parking policy

REFERENCE F2009/01489 - D01306662

REPORT OF Manager. Regulatory Services

PURPOSE:

To present to Council for consideration and adoption the regulatory enforcement and parking enforcement policy.

RECOMMENDATION

(a) That Council adopt the draft enforcement policy and the draft parking enforcement policy for public exhibition.

(b) That appropriate independent legal advice be sought after the public consultation process seeking advice on the future of the policy.

BACKGROUND

1. At the Ordinary meeting held on the 23^rd of March 2009 Council resolved to prepare a parking enforcement policy.

The draft policies were prepared and a workshop was held on the 13 May 2009.

2. The draft policies were reported to Council on the 13^th of July and it was recommended that a working party be formed to review the draft policies with a further report back to Council for consideration.

3. Three meeting were held by the working party and at the third meeting it was advised that the policies be reported back to Council.

ISSUES/OPTIONS/CONSEQUENCES

4. The recommendations of the two working party meetings were adopted and formulated within the draft policies. A summary of the recommendations for inclusion in the draft policies have been included in the attachments, Minutes from working group meetings. At the third meeting it was agreed to report the draft policies to Council for consideration

5. As part of the Council resolution the working group was permitted to liaise with appropriate independent legal personal seeking advice on the future policy. The working group considered this option and has chosen to seek this advice after the public consultation process.

6. During the working party meetings it was also discussed that additional signage be provided to Council vehicles and street signs be placed at school zones warning of Council patrols in these areas.

7. The additional signage for Council vehicles can be absorbed within the existing Regulatory Services budget. The additional street signage is not controlled by Regulatory Services Unit and would need to be considered by Council within the City Service Area. Additional funding would need to be approved for the signs should Council wish to proceed with the installation of signs in School Zones warning of patrols.

CONSULTATION & TIMING

8. At the Ordinary meeting held on the 23^rd of March 2009 Council resolved to prepare a parking policy.

9. A draft enforcement policy and parking enforcement policy was prepared and presented to the Councillors at a workshop held on the 13^th May 2009. A number of issues were raised as outlined in the memo from the Group manager Outcomes and Development dated 18 May 2009. The policies were amended taking these matters into consideration.

10. The draft policies were reported to Council on the 13^th July 2009 and it was recommended that a working party be formed to review the policies. The working party meet and a number of issues were identified and the policies were amended.

11. It is recommended that further consultation be undertaken by providing a formal public consultation process. Upon completion of the public consultation the draft policies will be reported back to Council for consideration.

FINANCIAL IMPLICATION FOR COUNCIL

12. The introduction of the enforcement and parking policies will have impacts on the financial implications for Council. There are costs of associated with uniform changes and motor vehicle signage; however these costs will be absorbed within the existing Regulatory Service budget.

13. The working group identified two areas for consideration being additional street signage for school zones and providing an internal review panel for all representations of Parking Infringement Notices.

Additional Signage for School Zones

14. A preliminary costing has been provided by the Service Manager of Traffic & Transport for the signs at $120.00 per sign installed with a total cost of $18,000.00 for the LGA. Should Council choose to provide additional signage at School Zones a separate budget within the City Services area would also need to be approved.

Review panel for representations of Penalty Infringement Notice.

15. The Proposed recommendation of the working group for Council to consider representation pertaining to Parking penalty notices.

16. Under the currently service level agreement all representations for issued penalty notices are directed to the SDRO for adjudication. If further clarity is required the SDRO will contact the issuing authority (Council). If the SDRO review finds that the penalty should stand the client may choose to elect to have the matter heard in Court before an impartial magistrate. The Court can take into consideration other matters such as financial hardship or extenuating circumstances in adjudication.

17. The SDRO could not accurately indicate how many representations are made for the Parramatta area, however they have indicated that approximately 10% of all PIN’s issued make up the number of representations received by the SDRO.

18. Regulatory Service currently issue in excess of 50,000 parking related tickets a year and based on information provided by the SDRO this would this would equate to 5,000 reviews for parking related matters. The time required for each review would be approximately 1 hour inclusive of administration. The total time required for the reviews would be in excess of 5000 working hours based on the SDRO information and using this as a guide it would take 4 full time staff to review and process all parking related reviews.

19. It should be noted that the SDRO currently charges $18 per infringement to provide this service. They would continue to charge this fee even if Council was to process all reviews of PIN’s.

20. The preferred option would be to provide our customers with the choice of forwarding their representations to the SDRO or Council for review. This would then provide two means for review with the SDRO managing the bulk of all representations and the remainder being dealt with by Council. This could be achieved by entering into discussions with the SDRO to look at how they review infringements and to better manage the type of reviews referred to Council.

21. This would allow for direct representations to Council under the proposed policy as a separate method to using the SDRO. The SDRO have advised that it is their legal opinion that only one review is permissible for each penalty notice issued under the Fines Amendment Act 2008.

Laurie Whitehead

Manager Regulatory Services

Attachments:

1View	Minutes of Enforcement and Parking Working Group	5 Pages
2View	Enforcement Policy	15 Pages
3View	Parking Policy	46 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 8.2

REGULATORY

ITEM NUMBER 8.2

SUBJECT 171 and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)

DESCRIPTION Masterplan to guide the future development of the Rydalmere campus of the University of Western Sydney

REFERENCE RZ/1/2007 - 10 September 2007

APPLICANT/S University of Western Sydney

OWNERS University of Western Sydney

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application is for a Masterplan.

EXECUTIVE SUMMARY

The application seeks approval for a new Masterplan to guide the future development of the Rydalmere campus of the University of Western Sydney. A Masterplan was approved by Council to guide development within the Southern portion of the campus in 2004. The masterplan assessed under this application incorporates the Northern Campus of the university and refines the future development within the Southern Campus.

The site is a key historic site dating back to 1818 when the site was utilised as a Female Orphan School with subsequent use as the Rydalmere Psychiatric Hospital. The university has occupied the site since 1998.

The Masterplan for the University guides the future development for the campus to increase the student population to 10,980 students through provision of student accommodation, additional teaching facilities, student facilities, upgrading of existing buildings, car parking and pedestrian access linking the south and north campuses.

The Masterplan encourages new development along Victoria Road and James Ruse Drive to a height of 3 and 4 storeys on the South campus and establishes 3 storey buildings around the north quadrangle on the north campus.

The Masterplan acknowledges the historical buildings on the site, with heritage buildings being retained and refurbished. Any new development in close proximity to heritage buildings will be developed having regard to the site’s heritage significance.

It is noted that this application does not seek approval for any building works on the site. Approval of the Masterplan will give direction to the University for future development. Any works proposed on the site will be subject to future development applications.

One written submission has been received in respect to the Masterplan.

The Masterplan has undergone several amendments as a result of discussions with Council staff. The Masterplan is now ready for determination.

RECOMMENDATION

(a) That the Masterplan proposed in RZ/1/2007 that will guide the future development of the Rydalmere Campus for the University of Western Sydney be endorsed, subject to conditions contained in Attachment 1 of this report.

(b) Further, that the objector be advised of Council’s decision.

Sara Matthews

Senior Development Assessment Officer

Attachments:

1View	Assessment Report	32 Pages
2View	Locality Plan	2 Pages
3View	Proposed Masterplan	89 Pages

Ordinary Council 28 September 2009

Item 9.1

CITY DEVELOPMENT

ITEM NUMBER 9.1

SUBJECT Request to Release Right of Carriageway off Park Street Rydalmere

REFERENCE DA/952/2008 - D01277971

REPORT OF Property Program Manager

-PURPOSE:

The purpose of this report is to recommend that Council approve the release of a right of carriageway which will become redundant as a result of a recently approved development at 359-363 Victoria Road Rydalmere,

RECOMMENDATION

(a) That Council approve of the release of the right of carriageway over lots 1 and 2 DP549904.

(b) Further, that all documents including the transfer releasing easement and other documentation including the supporting deed of agreement, as relevant, be executed under the seal of Council.

BACKGROUND

1. A newly approved development on the corner of Victoria and Park Roads Rydalmere will, upon operation, make the existing right of carriageway (ROCW) off Park Road redundant. Council has received a request from the developer to release the subject ROCW.

ISSUES

2. The subject development, being of 2 storey mixed use containing a supermarket and residential apartments will render the ROCW redundant. Apparently the ROCW was created to ensure suitable access for garbage removal was available.

3. While the new development will not require the ROCW a deed has been proposed so that the release of the ROCW will be dependant on the new development proceeding.

4. Plans depicting the location of the development site and the ROCW are appended as Attachments 1 and 2 respectively.

CONSULTATION

5. The request has been referred to Council`s Development and Environmental Units both of whom have indicated no objection to the release of the subject ROCW. Council`s solicitor has been requested to draft a deed to be executed between Council and the developer in order to protect Council`s interests.

FINANCIAL IMPLICATION FOR COUNCIL

6. Council`s costs involved will be recovered from the developer.

Paul Burne

Property Program Manager

Attachments:

1View	Attachment 2 - Plan of Right of Carriageway	1 Page
2View	Attachment 1 - Development Plan	1 Page
3View	Attachment 3 - Location Plan	1 Page

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 9.2

CITY DEVELOPMENT

ITEM NUMBER 9.2

SUBJECT The Extension of a Lease to Putt Putt West Ryde Pty Ltd on land at 661 Victoria Road Melrose Park known as Bartlett Park

REFERENCE F2005/02285 - D01289130

REPORT OF Property Development Advisor

PURPOSE:

This report seeks the approval of Council to enter into a lease extension for the business known as Putt Putt West Ryde. The business is currently operating on the holding over provisions of the expired 21 year community lease. This proposed new lease will be for an initial 3 year period with a provision for a further 2 years at the discretion of Council.

RECOMMENDATION

(a) That Council authorise the Strategic Asset Management Unit to complete negotiations with Putt Putt West Ryde Pty Ltd for a further community lease over the community land known as 661 Victoria Road, Melrose Park, more formally known as Lot 1 in DP128912, Lot 7 in DP111186 and Lot 2 in DP221045.

(b) That Council further authorises the Strategic Asset Management Unit to inform the community through a Public Notice published in the local press, which will allow time for submissions from the community if they see fit

(c) Further, that Council authorises the Lord Mayor and the CEO to execute the completed lease in order to formalise the commercial arrangements between the parties

BACKGROUND

1. The Putt Putt business has been operating at the same location since 1969 and the current operators constructed the improvements on site.

2. The 21 year community lease expired on 21 June 2005 and the lease has operated under the holding over provisions since then. The existing lease fixed the lease payments to 7% of turnover. Currently the lease amount is at $35,514.60 per annum inclusive of GST.

3. Current negotiations have increased the rental amount to $41,600 per annum plus GST with an annual 4% yearly increase. Based on the negotiations over an extended period the rental amount is at the upper limit that the Putt Putt business can accommodate. The lease term will be 3 years with an option for a further 2 years to be exercised by the Council.

ISSUES/OPTIONS/CONSEQUENCES

4. Bartlett Park inclusive of the Putt Putt site has been approved by Council for rezoning to B4 which is subject to gazettal probably by the end of 2010. Interest from developers may occur after gazettal. However it is unlikely that any major activity will occur within the lease term of 3 years. Even if interest was strong after gazettal, approvals for development are likely to take over 12 months.

5. If interest was strong Council then has the option to terminate the lease at the end of the 3 year term or proceed on a holding over period.

6. If there was no interest at the time Council could extend the lease by 2 years.

7. Various options have been discussed with the lessee, including an early exit clause for Council due to demolition and it is unlikely that the lessee will enter into such a clause.

CONSULTATION & TIMING

8. Consultation has taken place with the Open Space and Development Team, Councils solicitors and Councillors.

FINANCIAL IMPLICATION FOR COUNCIL

9. The adoption of this report will increase the annual cash flow to Council and also put in place the mechanism for annual increases of 4%.

Graeme Bleus

Property Development Advisor

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 9.3

CITY DEVELOPMENT

ITEM NUMBER 9.3

SUBJECT Economic Development Update

REFERENCE F2006/01387 - D01303933

REPORT OF Manager Economic Development

PURPOSE:

In line with Council’s Resolution in June 2007, to present to Council a six monthly update on the activities associated with the Economic Development Team.

RECOMMENDATION

That Council receives and notes this update and appended report by Mr Otto Hirsch and Mr Roman Dechnicz.

BACKGROUND

1. The purpose of the Economic Development Special Rate is to support employment and business growth in Parramatta’s Primary Area through specific initiatives. Income from this special rate is approximately $600,000 per annum.

2. Following a comprehensive review in 2006, the former Parramatta Economic Development Board was replaced with a broader representation of Partnerships expressed through open and transparent business consultation to support growth in the City. This is currently chaired by Mr Otto Hirsch.

3. The attachments to this report, detail expenditure of this Special Rate for the Financial Year 2008/09.

4. This financial year is the last year in which Parramatta Council can collect this rate. A cross-functional team is currently putting together a proposal for Council to consider whether a submission should be made to go to the Minister for Local Government in February seeking a special rate variation.

5. Following discussions with Councillors, and with plans to consult with businesses, the Economic Development Team are currently working on developing a new long-term strategy to direct these funds in future years should our request to the Minister be successful.

Mike Thomas

Manager, Economic Development

City Strategy Unit

Attachments:

1View	Economic Development Review 2008/09	4 Pages
2View	Expenditure Review Report	11 Pages
3View	Parramatta Economic Development Partnerships Plan 2007-2011 (2008-2009) Update	19 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 9.4

CITY DEVELOPMENT

ITEM NUMBER 9.4

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01306787

REPORT OF Project Officer

PURPOSE:

To inform Council of the key discussion points of the meeting of the Heritage Advisory Committee on 19 August 2009.

RECOMMENDATION

That the minutes of the Heritage Advisory Committee meeting of 19 August 2009 be received and noted.

BACKGROUND

1 Council’s Heritage Advisory Committee meets every two months and comprises 10 members.

2. Council’s Heritage Advisory Committee met on 19 August 2009. This report provides a summary of the key discussion points of that meeting for Council’s information and consideration.

MAIN DISCUSSION POINTS

3. The main issues considered at the meeting are outlined below.

a) The Committee was updated (item 46/09) on the EOI process for appointing members to Council's Heritage Advisory Committee. It was noted that the newly appointed Committee would have its first meeting in October 2009.

b) The Committee made various suggestions (item 48/09) on the heritage information to be included on Council's website.

c) The Committee recommended (item 49/09) that the following applications for funds from Council's Local Heritage Fund be granted: $1000 for Linden House, 2 Smith Street, Parramatta; $2000 for 4 Tomah Street, Carlingford; $1000 for 69 Weston Street, Harris Park and $2000 for 98 Harris Street, Harris Park. The Committee stated that it was extremely pleased with the quality of the applications being received and the work being carried out under the Local Heritage Fund, such work adding much value to the properties and their areas.

d) In response to a query (item 52/09) it was explained that proposed zonings in draft Parramatta Local Environmental Plan for land in the vicinity of Elizabeth Farm reflect the existing zones of Sydney

Regional Environmental Plan No 28, Parramatta, which covers Harris Park, translated into corresponding zones under the Standard Instrument template, but with different names (for example Residential 2A now known as R2 Low Density Residential etc).

e) It was raised (items 57/09 and 58/09) that ICOMOS (International Council on Monuments and Sites) inspectors will shortly be viewing Old Government House in Parramatta Park, including other sites in Sydney, to see whether they should be included on the World Heritage Listing.

4. There are no requests for additional expenditure arising from this meeting.

Paul Kennedy Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1View

Minutes of the Heritage Advisory Committee Meeting on 19 August 2009

5 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 10.1

ROADS PATHS ACCESS AND FLOOD MITIGATION

ITEM NUMBER 10.1

SUBJECT West Metro Preliminary Environmental Assessment

REFERENCE F2008/03629 - D01300331

REPORT OF Senior Project Officer - Transport Planning; Project Support Officer

PURPOSE:

To inform Council of the West Metro Preliminary Environmental Assessment.

RECOMMENDATION

(a) That Council receives and notes the Summary West Metro Preliminary Environmental Assessment and considers any implications in preparation of the draft Parramatta LEP and DCP.

(b) That Council expresses its in principle support for the West Metro infrastructure.

i) Impact on The Loop.

ii) Traffic impact on James Ruse Drive from proposed Park & Ride at Camellia station.

iii) Future strategy for the Carlingford Line.

iv) Integration of the Parramatta station and Civic Place including subterranean uses such as retail and commercial space, and the proposed Worksite Boundary.

v) Environmental impact from flooding and contamination in Camellia and the consideration of the need for dilapidation studies due to vibrations.

(d) Further, that Council seeks the support of local Federal MPs, WSROC and the Chamber of Commerce to lobby the Federal Minister for Infrastructure in securing additional Federal funding to implement the West Metro.

BACKGROUND

1. The West Metro is a proposed underground rail service from Central to Westmead with 11 stations and is the second stage of the Sydney Metro network.

2. The Preliminary Environmental Assessment (PEA) highlights the benefits of the West Metro as:

(a) Reduced travel times between Parramatta, the Inner West and Sydney CBD.

(b) Relief to the Western Line by reducing demand by 40%.

(d) Stimulate and support population and employment growth.

(e) Support significant urban renewal (Harris Park, Rosehill and Camellia).

(f) Reduce road congestion as people change from car and bus to metro.

3. The Metro trains will be driverless with onboard attendants and have a capacity of 40,000 passengers per hour per direction. Services will operate from 05:30am to midnight and to 01:00am on weekends with trains every 2-3 minutes during the peak.

4. The construction of the West Metro is planned to start in 2011 with construction activity limited to stations at Westmead, Parramatta and Camellia. The West Metro is planned to be operational by 2017.

ISSUES/OPTIONS/CONSEQUENCES

5. Council needs to consider the implications of the proposed West Metro in the preparation of the draft Parramatta LEP and DCP.

6. Parramatta City Council welcomes the release of the PEA and continues to support the development of the proposed West Metro. However, Council has serious concerns with the lack of any committed funding by either State or Federal Governments beyond 2009/10. Council requests that the following issues be adequately addressed by Sydney Metro:

(a) Impact on The Loop.

(b) Traffic impact on James Ruse Drive from the park & ride at Camellia station.

(d) Integration of the Parramatta station and Civic Place.

(e) Possible conflict with the provision of future retail and commercial space within the Parramatta station.

(f) Conflict with proposed Worksite Boundary and Stage 1 of Civic Place.

(g) Environmental impact from flooding and contamination in Camellia and the consideration of the need for dilapidation studies due to vibrations.

CONSULTATION & TIMING

7. Council officers have established communications with Sydney Metro and have provided technical advice relating the existing and possible future directions of the station precincts. The Civic Place team has established direct communications relating to the Parramatta station.

The Environmental Assessment for the West Metro is scheduled for public exhibition in the first quarter of 2010 and Council will need to consider reviewing this document.

David Gray

Senior Project Officer, Transport Planning

Land Use & Transport Planning

Attachments:

1View	West Metro Detailed Report	3 Pages
2View	Information Summary West Metro - PEA August 2009	3 Pages
3View	Station Locations (Appendix B Extract)	4 Pages
4	Station Locations (Appendix A Extract)	3 Pages

REFERENCE MATERIAL

West Metro Preliminary Environmental Assessment (August 2009)

Ordinary Council 28 September 2009

Item 11.1

CULTURE AND LEISURE

ITEM NUMBER 11.1

SUBJECT Draft Playground Plan- Parra Play Matters

REFERENCE F2009/01955 - D01307404

REPORT OF Recreation Planner

PURPOSE:

Council recognises the importance of play for the healthy physical, psychological and social development of children. The distribution of park playgrounds across the Parramatta local government area (LGA) is currently uneven with areas of both over and under provision. A draft playground plan has been prepared to provide equitable access to quality play opportunities for all children throughout the LGA. This report seeks Council’s endorsement to place the draft playground plan – ‘Parra Play Matters’ on exhibition for public comment.

RECOMMENDATION

(a) That the draft playground plan be placed on public exhibition for a period of 28 days to enable the public to comment. The exhibition will be displayed at Council’s administration building, libraries, website, and advertisements be placed in Parramatta’s local newspapers.

(b) Further, that another report be provided for Council’s consideration following the public exhibition period providing details of any submissions and recommendations for the final plan.

BACKGROUND

1. Council’s ‘Parramatta Sport and Recreation Plan’ identifies the importance of playgrounds to the community. In recognition of this, it recommended that Council ‘prepare a Playground Plan, which will consider the provision of a hierarchy of play spaces, increased diversity of play equipment, and equitable distribution across the LGA’.

2. Research indicates that play is essential for the healthy physical, psychological, social and emotional development of children. Council recognises the importance of play and the rights of all children to have access to quality play opportunities.

3. The Parramatta local government area (LGA) has 121 playgrounds of varying size which provide a diversity of play opportunities. Due to the current uneven distribution of playgrounds, there is a need to improve equity across the LGA. There are also significant opportunities to increase playground individuality and play value through innovative design. Parra Play Matters (Planning for Children’s Play in Parramatta) has been prepared to ensure equitable access to quality play opportunities for all children throughout the LGA (Attachment 1).

ISSUES/OPTIONS/CONSEQUENCES

4. The development of playgrounds throughout Parramatta has historically occurred on an ad-hoc basis in response to requests by individuals or groups within the community for play facilities. More recently Council has focused on the upgrade of playground equipment at existing sites according to a lifecycle-based asset management plan, and in response to increasing community expectations and safety regulations. However, it has been identified that Council needs to consider playgrounds in a holistic manner based upon an assessment of the needs of the community (demand), the adequacy of existing facilities (supply) and best practice trends and innovations in playground design.

5. The current generation of children generally have fewer opportunities for outdoor play than previous generations. Increasing traffic levels and concerns about safety and strangers are some of the many factors that have led to fewer opportunities for children to play outside. In addition, over the last 20 years there has been a dramatic increase in the number of overweight and obese children in Australia, with physical inactivity being one of the largest contributors to this childhood health epidemic. The challenge for Council is to provide the best possible play opportunities, which will attract children, capture their imagination, and give them the ability to play in new, more exciting and creative ways.

6. In addition to contributing to the healthy physical, social and cognitive development of children, playgrounds also have significant social benefits for parents and carers to meet informally. Research suggests that children playing outdoors and establishing relationships with other children in their community can have a positive effect on community cohesion. They provide a welcoming space where children are able to meet on a more equal basis than in many other aspects of life.

7. Parramatta’s population is steadily increasing through urban consolidation and the redevelopment of former industrial sites into medium density residential areas. Increasing densities together with the national housing trend towards smaller lot sizes and larger building footprints is impacting on play opportunities. In response to this, parks are increasingly becoming the ‘new backyard’ for many children, providing their only opportunities for physical activity.

8. The draft plan indicates the majority of residential areas have adequate access to a playground within a reasonable walking distance (500m). Currently playground distribution is uneven, with some residences not within 500m of a playground; however in other areas a number of playgrounds are located in close proximity to one another. To improve equity of access to playgrounds for all children throughout the LGA, a minor redistribution of playgrounds will need to be progressively implemented. As outlined in the draft plan, this will involve both the development of new playgrounds in areas identified as lacking playgrounds, and the removal and/or relocation of playgrounds in areas having an over provision. Any works outlined in the Plan, including installation of new playgrounds or removal/relocation of existing playgrounds will be subject to detailed local consultation before proceeding.

9. The principles and actions outlined in the draft plan are consistent with Council’s Parramatta Twenty25 Strategy which identifies a priority strategy (HC2) ‘Improve the health of Parramatta’s community by encouraging healthy lifestyles’ and (N7) ‘Provide local opportunities for recreation, leisure and sport’. The plan also implements actions and strategies in the Parramatta Sport and Recreation Plan (2005), Parramatta Open Space Plan (2004), and generic community land plans of management. The draft plan is also consistent with Council’s Management Plan which emphasises that we will ‘provide and maintain a network of open space and recreation facilities throughout the City that promote a variety of active and passive recreational opportunities for residents, workers and visitors.’

CONSULTATION & TIMING

10. If approved for public exhibition, advertisements will be placed in the local newspapers inviting the general public to comment on the draft plan. The plan will be displayed at Council’s administration building, libraries, Parramatta Heritage Centre and on Council’s website during the exhibition period.

11. Following the public exhibition period, Council will receive a further report providing details of any submissions and any proposed amendments to the plan for Council’s consideration of the final draft plan.

FINANCIAL IMPLICATION FOR COUNCIL

12. The priorities and actions identified in the draft plan will be gradually implemented through Council’s annual Playground Improvement Program which is funded from the Section 94a developer contributions plan and the Open Space Acquisition and Embellishment Special Rate. It is recommended that future projects considered for funding under the annual Playground Improvement Program be based on the priorities identified in the draft plan. However, to assist in the implementation of the draft plan, Council will also seek additional funding through annual Federal and/or State government grants.

13. The draft plan does not commit Council to implementing all suggested actions. However, the plan will be used to guide Council in prioritising future playground provision and upgrades as funding and resources become available.

Troy Holbrook

Recreation Planner

Attachments:

1View

Draft Playground Plan - Parra Play Matters

36 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 11.2

CULTURE AND LEISURE

ITEM NUMBER 11.2

SUBJECT Proposed Transfer of Various Parcels of Land to Council

REFERENCE F2008/04580 - D01283112

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is inform Council of a proposal by the NSW Department of Planning (the Department) to transfer ownership of additional parcels of land to Council, that are currently under Council`s care, control and management and to seek Council`s approval to execute the relevant documentation under seal.

RECOMMENDATION

That following the finalisation of the deed Council accept the transfer in fee simple of the parcels of land, as listed in Attachment 1 to this report, from the Department of Planning and that all relevant documentation be completed under the seal of Council.

BACKGROUND

1. For some time now the Department has been investigating various parcels of land that it wishes to transfer to Council in fee simple. These parcels are currently zoned as open space and being used as parks and reserves. The Department has identified 8 additional parcels of land in Guildford. These parcels are all in either Barbers Road or Campbell Hill Road and form part of Waddangalli Woodland, south of Barbers Road, and part of Campbell Hill Road Reserve respectively. There are other parcels which the Department has identified across Council`s area and these are being examined with a view to submitting a further report to Council.

ISSUES/OPTIONS/CONSEQUENCES

2. In February this year Council considered a report on the proposal to transfer lots 1 and 2 DP986628, these lots forming an integral part of Woodville Golf Course, and resolved to accept the transfer subject to the transfer deed being satisfactory. In the interim the Department has identified 8 additional parcels in Guildford that it wishes to incorporate in the same transfer. These parcels are identified on page 1 of Attachment 1, being the letter of offer from the Department, and a location plan of the parcels can be seen outlined in yellow at Attachment 2.

3. The Department has developed a standard deed of transfer which would impose, by way of S88D instrument, various restrictions on the use of the land.

4. These restrictions impose conditions on the classification and use of the land and future disposal of the parcels with a view to ensuring their continuing use for recreation purposes. The Department`s letter at Attachment 1 clearly sets out these restrictions.

5. Council is not obliged to accept the transfer however the offer provides a good opportunity to gain fee simple ownership, subject to the restrictions on use, and to ensure the continued provision of these recreation facilities for the public.

CONSULTATION & TIMING

6. This matter has been progressed in consultation with Council`s City Assets and Environment Unit and legal advice will be sought as necessary.

FINANCIAL IMPLICATIONS FOR COUNCIL

7. Council is currently maintaining the parcels for their current recreation based uses, the transfer consideration is nominal, Council would be required to meet its own legal costs so there would be minimal financial implications for Council.

Paul Burne

Property Program Manager

Attachments:

1View	Attachment 1 - Letter from DOP	3 Pages
2View	Attachment 2 - Plan of Guildford Parcel to be Transferred	1 Page

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 11.3

CULTURE AND LEISURE

ITEM NUMBER 11.3

SUBJECT Naming of a Walking Track in Winston Hills as Settler's Trail

REFERENCE F2008/02730 - D01286542

REPORT OF Service Manager Open Space and Natural Resources

PURPOSE:

This report proposes the name Settler’s Trail for the currently unnamed walking track located along the southern side of Toongabbie Creek between Oakes Road and Old Windsor Road, Winston Hills. This name is recommended following a call for submissions and consideration of alternative names.

RECOMMENDATION

(a) That the walking track along the southern side of Toongabbie Creek between Oakes Road and Old Windsor Road, Winston Hills be named Settler’s Trail.

(b) That appropriate interpretive signage be installed to provide direction for walkers and information about the heritage of the local area.

(c) Further, that Transurban Pty Ltd and the persons who lodged a submission in relation to the naming proposal be advised of Council’s decision.

BACKGROUND

1. Transurban Pty Ltd who operate the M2 Motorway have provided $10,000 funding to assist Council in upgrading the walking track along the southern side of Toongabbie Creek between Oakes Road and Old Windsor Road, Winston Hills. This 800m section of track is located adjacent Palestine Park (North) and Third Settlement Reserve (East) as per Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

2. Council may formally name areas or features within a public park or reserve without reference to the Geographical Names Board of NSW. This may include areas or items such as walking tracks, sporting fields, playgrounds or amenities buildings.

3. Council has previously named similar bush walking tracks in connection with their local environmental and/or heritage significance, including:

· The Ponds Walk (between Eric Mobbs Memorial Park, Carlingford to Jim Crowgey Reserve, Rydalmere)

· Pemulwuy Track (between Moxhams Rd & Baden Powell Pl, Winston Hills)

· Moxhams Meander (between Moxhams Rd & John Curtin Reserve, Winston Hills)

CONSULTATION & TIMING

4. A number of relevant stakeholders were contacted and invited to suggest possible names for the track. These groups included; Danangara Bushcare group, Toongabbie and District Historical Society, Parramatta and District Historical Society, and Transurban Pty Ltd.

5. Submissions were received from Transurban Pty Ltd, Danangarra Bushcare and a personal submission from a member of the Parramatta and District Historical Society. The suggested names included:

· Settler’s Walk or The Settler’s Trail

· Montargis Trail

· Pemulway Path

· Constitution Path

· Bright Spark lane or Bright Spark Trail

· Kim Edwards Path

· Rees Ramble

· Eucalypt Trail

· Walk the Creek

· Phillips Footsteps

· WHaT Track

· Bidjawong Track

· Lomandra Lane

6. The name “Settler’s Trail” is recommended as it reflects on the early history of the local area, with Toongabbie being the third settlement established in Australia. It complies with the NSW Geographical Names Board’s ‘Guidelines for Place Names’ and is consistent with the nearby Third Settlement Reserve.

FINANCIAL IMPLICATION FOR COUNCIL

7. The interpretive signage will be installed as part of the funding provided by Transurban Pty Ltd and will not require additional funding from Council.

Neville Davis

Service Manager Open Space & Natural Resources

Attachments:

1View

Attachment 1 - Proposed Settler's Trail Map

1 Page

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 12.1

COMMUNITY CARE

ITEM NUMBER 12.1

SUBJECT Meeting Aboriginal and Torres Strait Islander Advisory Committee 28th July 2009

REFERENCE F2005/01941 - D01293253

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee Meeting met on 28^th July 2009. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 28^th July 2009 be received and noted.

(b) Further, that Council note there is no request for additional expenditure.

BACKGROUND

1. Council’s Aboriginal and Torres Strait Islander Advisory Committee meets monthly and comprises 15 members.

2. Council’s Aboriginal and Torres Strait Islander Advisory Committee met on 28th July 2009. This report provides a summary of the key discussion points of that meeting for Council’s consideration.

MAIN DISCUSSION POINTS

3. The main issues discussed at the meeting are outlined below.

4. NAIDOC Debrief

(a) The Committee discussed RailCorp’s cancellation of advertising of NAIDOC events. Members were advised that advertising material had been completed however a last minute decision resolved not to put the posters up. Members requested Council’s Events Co-ordinator contact RailCorp and seek an explanation.

(b) Members reviewed Burramatta Family Fun Day and identified a number of its strengths. These included the venue: members’ opinions were that Alfred Park was a better venue than Parramatta Park; the number of visitors was greater than last year and the healthy food options for children, popcorn and fruit, were successful; the gold coin donation for coffee or tea was accepted by all and the entertainment line up included some strong performers. The Committee also identified issues that could be strengthened or changed next year. These included: the location of the children’s rides could be changed to encourage children to access the Indigenous Games workshop; the importance of ensuring the flag provider is informed of the correct order the colours need to be hung in and that the starting time could be brought forward to 10:00am. Members also discussed the complex issue of defining, and employing at the event, local indigenous artists rather than indigenous artists who may live outside of the area.

(c) Members reviewed the NAIDOC Flag Raising and agreed that Councillor Paul Barber had spoken well. Members expressed concern that no explanation had been provided regarding the Smoking Ceremony and the fact that the Parramatta Market was on at the same time which limited the space that was available for the Flag Raising. However, members also noted that a number of people passing through the markets stopped to watch the Flag Raising. Members suggested that next year, the stalls be moved to ensure greater space was available.

5. NAIDOC Dinner Dance

Members discussed the NAIDOC dinner dance which was successful however they requested formal notification of the awards, in particular the nomination process as they had been unaware that nominations were called for.

6. Rally regarding the suspension of the Racial Discrimination Act

Members were advised that a rally would be held on 30^th July 2009 seeking the reinstatement of the Racial Discrimination Act to address the discrimination of the Northern Territory Intervention.

7. Lord Mayor’s Acknowledgment of Country at Kewpies Event

The Committee was advised by one member that the Lord Mayor had made an Acknowledgment of Country at an event for the Granville Kewpies and that it had been well done.

8. Local Government and Aboriginal Network Conference 2010

Council Officer Maggie Kyle advised members that a preliminary internal planning meeting of key Council staff had been held. A similar planning process would be used as that used to plan NAIDOC events: an Advisory Committee consisting of members of the Advisory Committee would work with a group of Council staff and Councillors. The Local Government and Aboriginal Network Executive would also have input into decisions.

9. Local Government and Aboriginal Network Conference 2009

The Committee was advised that as the LGAN 2009 Conference would be held in October 2009 and as Council’s new Aboriginal and Torres Strait Islander Committee would not be established until November 2009, that current members would be responsible for selecting two delegates to attend the LGAN 2009 Conference. This would happen at the next meeting of the Committee in August 2009.

FINANCIAL IMPLICATION FOR COUNCIL

10. There are no financial implications for Council

Maggie Kyle

Community Capacity Building Officer

Attachments:

1View

Minutes Aboriginal and Torres Strait Islander Advisory Committee 28th July 2009

5 Pages

Ordinary Council 28 September 2009

Item 12.2

COMMUNITY CARE

ITEM NUMBER 12.2

SUBJECT Western Area Assistance Scheme (WSAAS) 2008/09

REFERENCE F2008/03941 - D01293781

REPORT OF Community Capacity Building

PURPOSE:

To inform Council of the outcomes of the 2008/09 Western Sydney Area Assistance Scheme (WSAAS) funding round, and to inform Councillors of the Community Builders grant scheme (formally WSAAS).

RECOMMENDATION

(a) That Council notes the information on the outcomes of the 2008/09 WSAAS

round.

(b) Further that, Council notes the new Community Builders grant scheme (formally WSAAS).

BACKGROUND

1. The Area Assistance Scheme (AAS) was a regional community development program run by the Communities Division of the NSW Department of Community Services. The AAS provided grants to local Councils and non-government organisations for projects that improve community wellbeing and how communities function. Western Sydney is one of the six (6) AAS regions.

2. The Western Sydney Area Assistance Scheme (WSAAS) had been operational for over fifteen years and has been a key funding program for the establishment of new services and projects in the rapidly changing and growing community landscape of Western Sydney.

3. Councils supported WSAAS through the provision of the administration of the grants via a Community Projects Officer who oversees the grants process in the Local Government Area. These Officers from across Western Sydney meet monthly to discuss issues regarding the scheme and to provide input to the Department of Community Services regarding the scheme and the participation of the Not-For-Profit sector in the scheme.

4. Until the 2006/07 funding round, WSAAS funded a range of projects over one, two, three and four year time periods, one-off capital projects, and a category of ‘pick-up’ projects (two year projects funded by WSAAS that were ‘picked up’ for renewable funding by another Government Department). This positioned WSAAS as one of the only sources of recurrent new project funding in Western Sydney.

5. Last year, in the 2008/09 funding round, the Department of Community Services advised Council Project Officers that the round would only be for one year funding and give priority to capital projects.

6. The Parramatta LGA received 12 applications in total on 11^th November 2008. The Western Sydney Community Projects Officers met with the Department of Community Services to assess the eligibility of the applications. Through this process it was determined that seven (7) of the applications were ineligible.

7. On the 20^th January 2009 the Local Ranking Committee (LRC) met to:

I. provide advice to the Regional Advisory Committee (RAC) on local issues

II. assess applications against AAS assessment criteria

III. rank funding applications as low, medium or high priority

IV. record the reason for ranking each project on the AAS project assessment checklist, and

V. comment on regional and sub regional projects if appropriate

8. The Parramatta LRC had seven members. These include:

I. the chairperson

II. two representatives of the Parramatta City Council - The Lord Mayor Tony Issa OAM and Councillor Scott Lloyd

III. three community representatives that are able to represent the diverse views of the local community

IV. the Community Project Officer (non-voting member)

9. Three projects were recommended to the Regional Advisory Committee (RAC) where the Community Project Officer had the opportunity to discuss the projects. The RAC recommended all three projects to the Minister to be funded.

10. Successful projects arising from the 2008/09 round were announced by the Minister for Community Services, Linda Burney on 29^ttnJune 2009. The listing of successful projects is provided in Attachment 1 to this report.

ISSUES/OPTIONS/CONSEQUENCES

11. Council receives a salary subsidy of approximately $11,000 towards the costs of its involvement with the AAS program from the Department of Community Services each year. The overall objectives of the AAS recognise the role of Councils in community development and in the planning, delivery and coordination of community services at the local level.

12. Throughout May 2009 the Department of Community Services held four regional consultation workshops and a peak organisation workshop to hear the community perspectives on the key achievements of the Area Assistance Scheme and opportunities to change.

13. As a result of the consultations the AAS has now become the Community Builders Grant Scheme. The Community Builders is a community strengthening and capacity building program. There are funds available on an annual basis for time-limited projects. Organisations can apply for a minimum of $10,000 and a maximum of $100,000 each year for between one and three years.

14. Community Builders funds projects that aim to build strength and capacity within communities. Community Builders projects work within communities to enhance their capacity to deal with issues and respond to change. Organisations will need to identify the community that will be served by the project and, within that community select a priority group that will have an opportunity to participate in the project. The priority group will be a disadvantaged group, though the project will be open to everyone in the chosen community. The opening and closing dates for funding applications are yet to be advised.

15. Parramatta Council resolved in August 2007 to enlist the assistance of the Western Sydney Regional Organisation of Councils (WSROC) to request that it consider taking action in regard to the changes to the Western Sydney Area Assistance Scheme. A WSROC delegation comprising members of the WSROC Executive subsequently met with the Minister of Community Services, the Honourable Kevin Green MP, on 10^th June 2008 to raise concerns. As no definitive response was provided, WSROC committed to meeting with the new Minister for Community Services the Honourable Linda Burney MP, and will continue to advocate around the importance of WSAAS.

16. Council agreed to continue to support the Western Sydney Regional Organisation of Councils in its action in regard to the changes to the Area Assistance Scheme (AAS) in October 2008. Council will be kept up to date on any further developments.

Attachments:

1View

Attachment 1 - WSAAS Successful Projects 2008-09

3 Pages

Ordinary Council 28 September 2009

Item 12.3

COMMUNITY CARE

ITEM NUMBER 12.3

SUBJECT Access Advisory Committee Minutes 18 August 2009

REFERENCE F2005/01944 - D01298722

REPORT OF Acting Service Manager Community Capacity Building Team

PURPOSE:

The Access Advisory Committee met on 18 August 2009. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Access Advisory Committee meeting on 18 August 2009 (Attachment 1) are received and noted.

(b) Further, that Council note there is no request for additional expenditure in this report.

BACKGROUND

1. Parramatta City Council’s Access Advisory Committee has resumed its bi-monthly meetings in accordance with the Council Resolution of 23 March 2009 to retain the ATSI, Access, Arts, Cycleways and Heritage Advisory Committees.

2. At present, the Committee comprises eight members representing a variety of interests. An Expression of Interest (EOI) process to expand and reconfirm the membership is currently underway.

3. Council’s Access Advisory Committee met on 18 August 2009. This report provides a summary of the key discussion points of that meeting for Council’s consideration.

MAIN DISCUSSION POINTS

The main issues discussed at this meeting are outlined below.

4. Council Advisory Committee Expressions of Interest (EoI)

The Expressions of interest for the Access Committee closed on 5 August and are being assessed. A Report will be submitted to Council for consideration of the assessment panel’s recommendations at its 28 September Council Meeting.

5. ‘You’re Welcome’ Project

Discussion of the Report further noted there were some areas with access issues in the area which were not extensively covered. The Committee noted that it did not specifically request a highly detailed Report.

6. Bus shelter audit / infrastructure meeting

The first Infrastructure Meeting held prior to the Access Committee discussed the outcomes of the Bus Shelter Audit and those present were asked for feedback for works prioritisation processes on the most important bus shelter sites in the LGA and works required at each of these sites.

7. After hours bell at Council Chambers

The new after-hours bell on the Council Chamber’s front door (Town Hall side) was noted. A request was made that a similar bell be placed at the Chamber’s other door (Library side).

8. Hearing augmentation in Town Hall

Work on acquiring Hearing Loop technology for the Town Hall is progressing. Quotes have been received and pending the outcome of Council’s application to the NSW Community Building Partnership Funding, a loop will be installed.

A test will also be undertaken on the loop in the Access Committee meeting room on the ground floor.

9. Parking permits

Consultation on the NSW Parking Permit scheme, held at Northcott, was discussed. It was tabled that in the opinion of those who attended the consultations were not detailed or thorough enough.

10. Western Sydney Public Transport

Report back on the Western Sydney Area Public Transport Group commented that the meeting went moderately well but there is a need to progress an action plan. This should begin at the next Group meeting.

11. Disability Car Parking in Parramatta CBD

Formal notice was given to the Committee that there are four new no time-limit disability parking spaces in the Macquarie Lane car park.

12. Draft Access to Premises Standards

A member of the Committee is currently reading the Report. He has some concern regarding technical detail in the Report. More information will be given at the next Access Committee Meeting.

13. International Day of People With a Disability (IDPWD)

Initial planning for the day will soon begin. Mr. Chris McAlpine will lead the planning and will contact the Committee for their involvement.

14. ‘Shut Out’ Report

The Federal Government Report on the National Disability Strategy Consultation, prepared by the National People with Disabilities and Carer Council was tabled for the information of the Committee.

John McInerney

Acting Service Manager Community Capacity Building

Attachments:

1View

Access Advisory Committee Minutes - 18 August 2009

4 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 12.4

COMMUNITY CARE

ITEM NUMBER 12.4

SUBJECT Methadone dispensing programs in the Parramatta LGA

REFERENCE F2004/06817 - D01300001

REPORT OF Manager - Social Outcomes

PURPOSE:

To respond to Council’s resolution of 25^th May 2009 on the notice of motion regarding methadone dispensing in the LGA, and to report on a meeting held 30^th July 2009 attended by stakeholders on the topic.

RECOMMENDATION

(a) That Council work with key partners to ensure methadone programs in the LGA are managed and monitored according to best practice standards as set out in NSW Health’s NSW Opioid Treatment Program Clinical Guidelines by:

1. Reporting in writing any perceived deviation from the methadone dispensing standards by clinics or pharmacies to NSW Health

2. Reporting any issues with crime or antisocial behaviour to the local police

3. Encouraging residents and businesses to report antisocial or criminal behaviour linked with methadone dispensing programs to the local police.

4. Seeking updates from Sydney West Area Health Service about the health status of the community

(b) Further, that Council write to NSW Health to recommend the clinical guidelines be amended so that it is mandatory for community pharmacists to stagger their dispensing of methadone throughout the day to avoid ‘gathering’ of people at dispensing sites

BACKGROUND

1. This report has been prepared in response to the Notice of Motion dated 25^th May 2009: It outlines:

(a) That council staff prepare a report on methadone dispensing within the Parramatta LGA.

(b) This report should include but not be limited to:

(i) Detail the history of methadone dispensing In NSW & Western Sydney with particular reference to the Parramatta LGA.

(ii) Canvass & detail community concerns with regards to methadone dispensing from community pharmacies. The authors should speak to and detail the views of shop owners and community members in those areas with methadone dispensing pharmacies.

(iii) Investigate & detail the broader community concerns with regards to instances of anti-social or criminal behaviour that may be associated with methadone dispensing within the Parramatta LGA.

(iv) Detail council’s land use controls and authority in this area.

(v) Seek input from Sydney West Area Health Service (SWAHS) at NSW Health about the methadone dispensing program and regulations in the Parramatta LGA.

(vi) Seek input from Centre for Drug and Alcohol at NSW Health about the policies and procedures related to methadone dispensing.

(vii) Seek input from the Parramatta Police Local Area Command.

(viii) Establish and list all specific areas & pharmacies where methadone is dispensed. Where such information is not willingly forthcoming a FOI request is to be raised.

(ix) Detail all legislative requirements on the dispensing of methadone, paying particular attention to any specific or necessary procedures and requirements for such dispensing.

(x) Provide any other details that the authors feel relevant to allow councillors to make informed decisions on this issue going forward.

(c) As part of this reporting process, a meeting is to be convened to bring together any interested and relevant parties to provide input and views into this reporting process.

ACTION TAKEN

2. The following actions have been completed to progress the notice of motion:

(a) Research within Parramatta City Council ( Council or PCC) units, including Community Capacity Building, Development Assessment, Landuse Planning, Health and Regulation)

(b) Research by internet and phone with key external individuals and organisations including NSW Health (Pharmaceutical Services Branch (PSB), Opioid Treatment and Clinical Policy Branch, Centre for Drug and Alcohol, Sydney West Area Health Service) and the NSW Pharmacy Guild.

(d) Held a community ‘think tank’ meeting (30^th July 2009) attended by 23 individuals from organisations including NSW Health, NSW Pharmacy Guild, Local Area Command, private practice, Telopea Chamber of Commerce

(e) A detailed report responding to each point in the notice of motion is attached.

SUMMARY OF MAIN CONCERNS RAISED ABOUT LOCAL METHADONE DISPENSING IN THE PARRAMATTA LGA AT THE ‘THINK TANK’ MEETING

3. At the stakeholder meeting on the 30.07.09 the following issues were raised about local dispensing programs:

(a) Local business owners are reporting to Councillors and other business representatives their concerns about the impact of methadone dispensing on anti-social and criminal behaviours. The police report they are not receiving the same information from local business owners during their local investigations of the matter.

(b) The local police report they do not have statistical data indicating antisocial or criminal behaviour linked to methadone dispensing programs in the Parramatta LGA.

(c) Reports of ‘gatherings’ of people around methadone dispensing locations were made, however it could not be confirmed if those gathering were patients on the methadone program or not.

(d) Some hold the view that those gathering are involved with trading methadone on the black market.

(e) Views were also expressed about the methadone dispensing program in general: Health professionals at the meeting differed in their perspectives on what the end goal of methadone treatment should be. Also raised, was that there is no legal requirement, or clinical guidelines specifying the need for community pharmacists to dose methadone patients at specific times, to avoid the potential for ‘gathering’ of patients and associated antisocial/criminal behaviour.

COUNCIL’S ROLE IN METHADONE DISPENSING

4. Council’s current role in regard to methadone dispensing programs extends to:

(a) Responding to claims that specific methadone programs in the LGA are not being appropriately managed by notifying the appropriate authorities (NSW Health Pharmaceutical Services Branch and the Mental Health and Drug and Alcohol Office), and requesting an audit or review.

(b) Responding to claims of anti-social or criminal behaviour resulting directly from a methadone dispensing program, by liaising with the police and encouraging accurate community reporting of issues to police.

(c) Responding to requests for information on methadone programs by researching and referring on to experts / expert organisations in the field, and

(d) Proactively seeking up to date information on the outcomes of methadone programs in our LGA through our colleagues at Sydney West Area Health Service.

5. Council’s role does not include:

(a) Setting the requirements (policies and procedures) for a methadone dispensing program – this is the remit of NSW Health.

(b) Regulating methadone dispensing, either in clinics or pharmacies – this is the remit of NSW Health.

(d) Actively policing anti-social, unsafe or criminal behaviour – this is the remit of the local police.

OPPORTUNTIES FOR FURTHER ACTION TO SUPPORT BEST PRACTICE IN METHADONE DISPENSING IN THE LGA

6. Methadone dispensing programs are a critical health service and are present in communities throughout NSW. It is vital that they are managed and run in accordance with the detailed guidelines that exist and within the relevant legislation. As custodians of the community PCC has the opportunity to work with key partners to ensure that the programs in our LGA are run according to best practice standards, for the benefit of the patient themselves and the broader community. The recommendations provided in this report provide Council with options for achieving this.

Megan Dephoff

Manager Social Outcomes

Attachments:

1View

Council Report on Methadone Dispensing in the Parramatta LGA

49 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 13.1

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.1

SUBJECT Review of Delegations Register

REFERENCE F2009/01759 - D01271947

REPORT OF Policy Review Officer

PURPOSE:

The purpose of this report is to update Council on the activities related to the review of the delegations as required under Section 380 of the Local Government Act.

RECOMMENDATION

(a) That Council receive and note the Delegations Policy and Framework, as attached.

(b) Further, that the Chief Executive Officer (CEO) finalise the implementation of the revised operational delegations and on completion, staff and Councillors be provided access to the Delegations Register either in hard copy or via the intranet.

BACKGROUND

1. Delegations are an essential and important part of the decision making process and Council is required to keep a register of its delegations which must be reviewed during the first 12 months of the term of office of the Council.

2. Council as a body delegates to the CEO who has many powers and functions as outlined in Section 377 of the Local Government Act which he sub-delegates to relevant officers or other bodies (eg. committees) of the Council, enabling them to undertake their functional and operational roles.

3. Council last reviewed its delegations in accordance with Section 380 of the Local Government Act in November 2000 (Minute 5782) and delegations pertaining to development applications in October 2004 (Minute 7423).

4. This review has highlighted areas for improvement in the delegations and suggested the need to create a policy to improve the efficient functioning of Councils delegations, remove any ambiguity and reflect changes in terminology, legislation and administrative processes.

5. The current Delegations register is located in a commercial Access database. Following amendments and enhanced reporting, the Delegations Register will be available for viewing from the Intranet as from October 2009.

ISSUES/OPTIONS/CONSEQUENCES

6. Review of existing delegations has been undertaken and implementation of improvements is expected to be finalised by December 2009. Council’s Policy Review Officer, Sonja Drca has been co-ordinating this review and has liaised with staff and management to determine the principles and framework of the delegations, develop specific wording and categorisation for the delegations and implement enhancements to the software where the Delegations Register is located.

7. An administrative policy has been created to outline the authority and responsibility of officers with regard to how Council intends to exercise its powers or functions of delegation and the reasons for doing so. Such policy will set forth the basic principles to be followed in the administration of the delegations whilst the framework adopted as part of the policy, identifies broad descriptions of the delegations and the extent that these are sub-delegated.

8. The Delegations Register identifies the positions to which sub-delegations have been made by the CEO and the nature of those sub-delegations.

CONSULTATION & TIMING

9. The Executive Team on 7 July 2009 adopted the Delegations Policy and framework, and referred the item for consultation to the Leadership Team. The Leadership Team workshopped this information with their teams and provided feedback to the Policy Review Officer, clearly defining what authority and area of responsibility officers have when taking action on behalf of Council.

10. The review of delegations is nearing completion, with the implementation of the revised operational delegations awaiting CEO approval and distribution to staff and Councillors. All delegations will be stored in a central location and in the custody of the Manager Service Audit & Review who will ensure a full and accurate record of each delegation.

Sonja Drca

Policy Review Officer

Attachments:

1View	Delegation Policy	3 Pages
2View	Delegations Framework	4 Pages

REFERENCE MATERIAL

Chapter 12 Part 3 Section 377 of the Local Government Act

Ordinary Council 28 September 2009

Item 13.2

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.2

SUBJECT Fraud and Corruption Prevention Policy

REFERENCE F2009/01251 - D01269297

REPORT OF Manager Service Audit and Review

PURPOSE:

This report introduces the Fraud and Corruption Prevention framework which has been developed and proposes adoption of an integrated Policy for Fraud and Corruption Prevention.

RECOMMENDATION

That Council adopt the draft Fraud and Corruption Prevention Policy shown at Attachment 1 as an integrated approach to improved management of fraud and corruption risks.

BACKGROUND

1. Council has undertaken a number of activities aimed at managing the risks of fraud and corruption. In addition to our Guiding Principles, a number of policies address aspects of fraud and corruption including the Code of Conduct, Whistleblowers Protection Policy, Complaints Policy, and a number of Human Resources Policies.

2. Staff and management training associated with the Code of Conduct and Corruption Prevention has raised awareness of our responsibilities in the prevention of fraud and corruption in and against Council. Specific management training in Fraud and Corruption Detection and Prevention in late 2008 provided the basis for further management training in Fraud and Corruption Risk Management.

3. A number of the actions which have addressed fraud and corruption at Council have intentionally been aligned to a framework for fraud control developed by the NSW Audit Office. An integrated approach similar to the Audit Office model is now mandatory in most government agencies.

4. A key element of an integrated approach to fraud and corruption prevention is a strategic policy which commits the organisation to a comprehensive and accountable approach.

ISSUES/OPTIONS/CONSEQUENCES

5. The draft Policy provides clear statements on the responsibilities all Councillors and Council Staff have in preventing fraud and corruption. Such responsibilities include operating sound controls, reporting fraud and corruption, and co-operation in the training and investigation associated with fraud and corruption prevention.

6. The basis for detailed planning in fraud and corruption prevention is a risk assessment which the draft policy requires managers undertake at least every two years. The policy also requires the establishing of appropriate prevention and detection controls arising from the risk assessment or reported events.

7. The draft policy also sets standards for internal and external notification of fraud and corruption, and the investigation and sanctioning as a result of findings of such investigations.

8. The draft policy requires Council to train managers, staff and Councillors in fraud and corruption prevention and detection, and commits to raising community awareness of Council’s stand in preventing fraud and corruption.

9. The draft policy provides links to Council’s existing fraud and corruption prevention activities through the Code of Conduct, Whistleblowers Protection Policy, Complaints Policy and Human Resources Policies.

10. The draft policy is supported by a series of action plans contained in the Fraud and Corruption Prevention Strategy. Upon adoption of the draft policy detailed actions and procedures will be finalised in the Strategy as part of the policy implementation.

CONSULTATION & TIMING

11. The draft policy has been the subject of a number of workshops and briefings with Council’s Executive and Leadership Teams. Council’s Consultative Committee and the Strategic Analyst, Crime and Corruption Prevention have been briefed on the draft Policy.

Michael Quirk

Manager, Service Audit & Review

Attachments:

1View

Draft Fraud and Corruption Prevention Policy

6 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 13.3

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.3

SUBJECT RMIA Risk Management 6th Annual Conference 'The Road to Resilience' in Cairns, QLD from 22 - 25 November 2009

REFERENCE F2009/01465 - D01281824

REPORT OF Service Manager - Council Support

PURPOSE:

This report is placed before Council to seek the appointment of one (1) Councillor i.e. Lord Mayor or nominee, to attend the RMIA Risk Management 6^th Annual Conference ‘The Road to Resilience’ in Cairns, QLD from 22 – 25 November 2009.

RECOMMENDATION

(a) That in line with Council Policy for a Category C Conference, one (1) Councillor, i.e. Lord Mayor or nominee, should be nominated to attend the RMIA Risk Management 6^th Annual Conference ‘The Road to Resilience’ in Cairns, QLD from 22 – 25 November 2009.

(b) Further, that delegate registration, accommodation, travel and out-of-pocket expenses be paid from account number 10.1260.712.644405.00000.00000 ‘Councillor Conferences’ which has a total 2009/2010 budget of $60,000 per annum.

BACKGROUND

1. The business program at RMIA 2009 will reinforce the knowledge that fundamental risk management principles and positive risk management culture underpin the platform on which truly resilient organisations and communities have been built.

2. By understanding the relationship between risk management and long term resilience and ultimate sustainability of organisations RMIA 2009 delegates will be equipped with the essential knowledge, skills and tool-kit to build and maintain their own ‘road to resilience’, creating competitive advantage and making key contribution to increasing shareholder or stakeholder value.

CONSULTATION & TIMING

3. Please note that the report is being tabled at this meeting to ensure that, as per instruction in the conference program, accommodation bookings are finalised prior to 15 October 2009.

FINANCIAL IMPLICATION FOR COUNCIL

4. The cost per delegate for attendance at this conference including registration, accommodation, flights and out-of-pocket expenses (with receipts) will be approximately $4,200.00 each.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

RMIA 2009 Conference Brochure incl program

18 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 13.4

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.4

SUBJECT Investments Report for July 2009

REFERENCE F2009/00971 - D01287267

REPORT OF Manager - Finance

PURPOSE:

To inform Council of the investment portfolio performance for the month of July 2009.

RECOMMENDATION

That Council receives and notes the investments report for July 2009.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005, a report setting out details of all money invested must be presented to Council on a monthly basis.

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Act, the Regulations and the investment policy of Council.

ISSUES/OPTIONS/CONSEQUENCES

3. Council’s investment portfolio stood at $75.1 Million as at 31st July 2009. (Previous month $83.8 Million) The weighted average portfolio held for July 2009 was $76.9 Million (Previous month $83.9 million) (Refer attachment 1).

4. Council invests directly with Local Government Financial Services (LGFS), various term deposit & Floating Rate Note providers and with funds managers utilising the services of CPG Research & Advisory. There are also investments with the Commonwealth Bank for loan offset funds.

5. The average interest rate on Council’s investments for the month compared to the Bank Bill Index is as follows:

Monthly Annualised

Total Portfolio 0.58 % 7.48%

Funds Managers 0.68% 8.99%

Bank Bill Index 0.27% 3.17%

NB: Annualised rates are calculated on a compounding basis assuming that the interest returns are added to the initial investment amount and reinvested.

6. After allowing for Council’s loan offsets and at call funds, Council recorded an annualised return of 7.48% for the month of July for its total investment portfolio. The return recorded by Council was considerably above the Bank Bill Index of 3.17%. Fund managers recorded an annualised rate of 8.99%.

7. Council’s favourable return versus the Bank Bill Index for July 2009 can mostly be attributed to the renewed confidence in credit markets which have seen Managed Funds start to recover over the last 4 months. The CFS Global Fund once again performed strongly and recorded an annualised return of 39.8% for the month of July.

8. Council currently has approximately 70% of the overall portfolio invested in Term deposits, Bonds, Cash at call and other fixed return products. Councils Term deposits generally mature between 90-180 days and are locked in at interest rates ranging from 4.04% to 4.55%. All deposits are held with Authorised Deposit Taking Institutions. (ADI’s)

9. Council invested principal of $8m (each) in two Senior Debt Floating Rate Notes ($4m each) with National Australia Bank and ING. Both notes pay a premium above the Bank Bill Index ranging from 1.03% to 1.52%. The Bank Bill Index is reset every 3 months. The investment allows Council to not only further diversify its portfolio but also to hedge against any interest rate movement in the next 2 to 3 years. These investments mature in March 2011 and May 2012 respectively.

10. The new draft Investment Policy went to Council on the 27^th July 2009. Councillors requested an independent opinion of the policy, which was conducted by Spectra Financial Services. Most recommendations were minor and have now been included in the latest draft. The Policy is expected to be resubmitted to Council in September 2009.

11. The following details are provided on the attachments for information:

Graph – Comparison of average funds invested with loans balance

Graph – Average interest rate comparison to Bank Bill Index

Graphs – Investments and loans interest compared to budget

Summary of investment portfolio

12. The Certificate of Investments for July 2009 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of July 2009 have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

13. There is no standard report attachment - detailed submission - attached to this report.

Jenny Fett

Finance Manager

Attachments:

1View	Investments & Loans - Performance	1 Page
2View	Summary of Investments Portfolio	2 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 13.5

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.5

SUBJECT Review of the Customers Compliments and Complaints Policy

REFERENCE F2005/02436 - D01293409

REPORT OF Policy Review Officer

PURPOSE:

To obtain Council approval for minor changes to Council’s Customers Compliments and Complaints Policy

RECOMMENDATION

(a) That Council adopt the amended Customers Compliments and Complaints Policy

(b) Further, that staff take the appropriate action to make the amended policy available to the public

BACKGROUND

1. Council adopted its current policy for the handling of Compliments and Complaints in 2005. At the time, Council’s policy was consistent with the guidelines for Complaints handling established by the NSW Ombudsman.

2. The improvement of Council’s complaint handling systems is one of Council’s current strategic priorities. As part of this project, the Customers Compliments and Complaints Handling Policy has been subject to review.

ISSUES/OPTIONS/CONSEQUENCES

3. Council’s current policy remains consistent with guidelines established by the NSW Ombudsman in its Complaint Handlers Toolkit. The policy provides clear timeframes which are consistent with the Ombudsman’s guidelines, details how Council will respond to complaints, and establishes a means of internal review for dissatisfied complainants.

4. During the four years since the policy’s adoption, it has been generally effective, with occasional confusion by complainants about the difference between a request for service, a complaint, or an objection to a development application. Minor changes are proposed to the definition of “complaint” to address this confusion, with the inclusion of a framework clearly identifying what matters the policy deals with.

5. The essence of the change is to clarify that certain complaints, such as those directed at the substance of a council resolution to approve or reject an application, are more appropriately addressed via the available statutory mechanisms, and to ensure customers are clear on what complaints will be addressed by this policy. This is not intended to exclude any matters from consideration, but to ensure they are addressed in the most appropriate forum.

Erin Lottey

Policy Review Officer

Attachments:

1View	Complaints Review 2009	9 Pages
2View	Current Customers Compliments And Complaints Policy	8 Pages

REFERENCE MATERIAL

Nil

Ordinary Council 28 September 2009

Item 13.6

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.6

SUBJECT Review of Investment Policy

REFERENCE F2004/07423 - D01299551

REPORT OF Manager - Finance

PURPOSE:

To seek Council’s adoption of the resubmitted combined Investment Policy and Strategy document which will replace the current policy adopted in December 2007. Amendments have been necessary following legislative changes and advice from the Department of Local Government (DLG) following the global financial markets’ crisis.

RECOMMENDATION

(a) That Council receive and note the Manager Finance’s report.

(b) That the revised Investment Policy as attached to this report be adopted.

(c) Further that Council endorse CPG Research & Advisory as Parramatta City Council’s key investment advisor and Custodian arranger, with finance staff seeking additional investment advice from other sources if and when required.

BACKGROUND

1. The attached Investment Policy Statement has been prepared in consultation with our independent investment advisor (CPG Research & Advisory previously known as Grove). It replaces the previous Policy adopted by Council and consolidates both our Investment Policy and Strategy in the one document.

2. The Investment Policy-Strategy document was submitted to Council on the 27^th July 2009. At that meeting Councillors requested that an independent opinion be sought and also that a workshop be presented to highlight the major changes to the policy. As a result, the independent Review and Councillor Workshop were both conducted in August 2009.

3. Spectra Financial Services were engaged to supply an independent opinion of the policy. Spectra advised that “Taken as a whole, the Investment Policy Strategy document and its discretions were workable and held ample regard to the current regulatory environment and the over riding Ministerial order of the 31^st July 2008”.

4. Spectra also suggested some minor changes in relation to separation of “Grandfathered investment”, expansion of Term deposit and Floating investments, and fee structures, all of which have been included in the latest policy version.

5. A summary version of the Spectra Independent report was sent to Councillors on the 27^th August 2009. This summary also included combined comments from Finance and CPG in relation to the Spectra document, as well as the presentations made at the Councillor workshop on the 26^th August 2009.

6. The Policy has been updated to reflect all regulatory requirements of Council. The document is broken down into two major components, namely:

· Investment Policy, which has been drafted to closely follow the sample investment policy provided in the DLG’s guidance note.

· Investment Strategy, which details how Council intends to implement its Investment Policy and satisfy itself that investments are made in accordance with its Policy.

7. The document outlines four major areas of risk mitigation and investment. In practical terms, these guidelines will assist Council staff on a day to day basis manage the investment portfolio and not exceed any limit boundaries within the following categories.

· Credit Quality and Counterparty Exposure

· Term to Maturity

· Asset Class

· Investment Performance and income targets

8. Council’s investment advisor will also provide a quarterly report that will confirm the portfolio composition against the agreed policy weightings.

ISSUES/OPTIONS/CONSEQUENCES

9. As a consequence of the Ministerial Order, Councils must adopt a very conservative approach to investing and has a very limited range of investment opportunities. As in all investments, risk is measured against return, it is therefore expected that future returns will also be somewhat conservative given the low risk profile.

CONSULTATION & TIMING

10. The attached Investment Policy Statement has been prepared in consultation with our independent investment advisor (CPG Research & Advisory). The Policy has also been independently assessed by Spectra Financial Services.

Jenny Fett

Manager Finance

Attachments:

1View

Investment Policy and Strategy

23 Pages

REFERENCE MATERIAL

Ordinary Council 28 September 2009

Item 13.7

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.7

SUBJECT Review of Council's Adopted Code of Conduct

REFERENCE F2009/00447 - D01301829

REPORT OF Manager Service Audit and Review

PURPOSE:

To present to Council for adoption the results of a review of Council’s Code of Conduct, and to recommend a public expression of interest to form a new conduct review panel in accordance with the adopted Code of Conduct.

RECOMMENDATION

(a) That Council adopt the revised Code of Conduct shown at Attachment 1.

(b) That Council publicly seek expressions of interest from suitably qualified and experienced persons of high community standing to form a new panel of conduct reviewers in accordance with Council’s Code of Conduct

(c) Further, that the results of the above expression of interest be reported to the next non-Regulatory Council meeting following closure of the expression of interest.

BACKGROUND

1. In accordance with the provisions of the Department of Local Government Model Code of Conduct (Model Code), Council’s current Code of Conduct applies to Councillors, administrators, members of staff, conduct reviewers, members of council committees and delegates of Council.

2. Council is required to review its adopted Code of Conduct within twelve months of an ordinary election under section 440(7) of the Local Government Act 1993.

3. A review of Council’s adopted Code of Conduct commenced in December 2008 with the results reported to Council on 24 August 2009.

4. At the meeting of 24 August 2009 Council resolved to refer the draft Code of Conduct to a workshop with Councillors for consideration of any proposed changes. A Councillor Workshop was held on 7 September 2009 and this report reflects the matters raised at that workshop.

ISSUES/OPTIONS/CONSEQUENCES

5. Improvements to the Code provisions and procedures are only enforceable if they are consistent with the Model Code (section 440(4) of the Local Government Act, 1993).

6. Suggested improvements to the Code of Conduct arising out of consultation with Councillors and staff are shown in red in the draft Code at Attachment 1. The suggested improvements mostly address the cross-referencing of the Code provisions to relevant legislation, Council and staff policies and the Model Code Guidelines. Additional improvements are discussed in the following paragraphs.

7. Clause 10.8(a) of the Code provides for access to information for Council Business. Clarity of the meaning of Council Business has been provided by including a statement in the Definitions section (Section 2) of the Code.

8. Councillor out-of-hours access to Council’s buildings described in Clause 10.19 of the Code has been clarified to refer to provisions in Council’s Civic Officer Expenses and Facilities Policy, similar to Clause 10.20.

9. Clause 14.7(c) of the Code relating to procedural fairness provisions of a Conduct Review provides for the right of the person subject to the complaint to address the Review Panel/Reviewer. This has been enhanced to allow for support, including legal support, in accordance with the provisions of the Civic Office Expenses and Facilities Policy.

10. Under the provisions of the Model Code, Council is required to appoint a Conduct Review Panel comprising at least three (3) independent, qualified persons of high standing in the community.

11. Council has a number of options for appointment of a Conduct Review Panel:

a. Council may resolve to appoint at least five (5) potential Conduct Reviewers for a defined period from the Regional Panel established by WSROC in February 2009;

b. Council may resolve to publicly seek expressions of interest for suitably qualified and independent community representatives to form its own Conduct Review Panel; or

c. Council may resolve to invite three (3) existing members of the Conduct Committee to form a Conduct Review Committee. There is a potential that one or more of the existing members may not be available as required.

The Councillor Workshop of 7 September 2009 expressed a preference to seek to establish its own Conduct Review Panel as described in ‘b.’ above.

12. Following adoption of the Code of Conduct and training, Councillors and staff will be asked to sign an undertaking to abide by the adopted Code in accordance with the Department of Local Government Guidelines. The adopted Code will be made available to all staff and Councillors, and a summary of the Code will be printed for reference of staff, volunteers and customers.

CONSULTATION & TIMING

13. The review of the adopted Code of Conduct has been the subject of workshops with Councillors in December 2008 and September 2009. Staff workshops and consultation as also provided input to the review.

14. Upon adoption the Code of Conduct will be published and training provided for all Councillors and staff.

FINANCIAL IMPLICATION FOR COUNCIL

15. The financial impacts of adopting a new Code of Conduct are considered minor and relate to the publication of the Code, and subsequent training of all Councillors and staff.

Michael Quirk

Manager, Service Audit & Review

Attachments:

1View

Draft Code of Conduct

33 Pages

REFERENCE MATERIAL

Nil

Ordinary Council 28 September 2009

Item 13.8

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 13.8

SUBJECT Review of Council's Policy for Interaction Between Councillors and Staff

REFERENCE F2009/00448 - D01303638

REPORT OF Manager Service Audit and Review

PURPOSE:

To present to Council for adoption the results of a review of Council’s Policy for Interaction Between Councillors and Staff.

RECOMMENDATION

That Council adopt the draft Policy for Interaction Between Councillors and Staff shown at Attachment 1.

BACKGROUND

1. Council adopted its current Policy for Interaction between Councillors and Staff in September 2005. The Policy is associated with the Code of Conduct and provides a greater detail of the manner in which Council staff and Councillors work together to provide services to our community.

2. As a result of consultation with Councillors and staff the current policy for Interaction Between Councillors and Staff was revised and presented to a meeting of Council on 24 August 2009.

3. At the meeting of 24 August 2009 Council resolved to refer the Policy for Interaction Between Councillors and Staff to a workshop with Councillors for consideration of any proposed changes. A Councillor Workshop was held on 7 September 2009 and this report reflects the matter raised at that workshop.

ISSUES/OPTIONS/CONSEQUENCES

4. A number of suggested improvements to the Policy for Interaction Between Councillors and Staff were proposed in the report to Council of 24 August 2009 shown at Attachment 2.

5. Suggested improvements to the Policy for Interaction Between Councillors and Staff arising out of consultation with Councillors and staff are shown highlighted on the Draft Policy at Attachment 1. Improvements to the Policy suggested to Council on 24 August 2009 are shown in Attachment 1 in red while those arising out of the Workshop with Councillors on 7 September 2009 are shown in green on Attachment 1.

6. A new Section 4.3.1 of the draft policy has been included to specify the differing roles of Councillors as strategic policy-makers, with operational responsibility for implementation of policies being delegated to the Chief Executive Officer and staff.

7. Section 4.3.2 clarifies the option for Councillors to seek information from Senior Council staff, whilst 4.3.3 provides guidance around the expectations on staff and Councillors in such contact.

8. Section 4.3.4 expresses a preference of contacts when dealing with development application matters.

9. Section 6.3 has been enhanced to ensure consistency with the Code of Conduct provisions.

10. Section 7 includes reference to inappropriate interactions which have been drawn from the Code of Conduct. This section has been enhanced at 7(b) and 7(f) as a result of the Councillor workshops.

11. The Quick Contact List at Attachment 1 includes reference to Council’s Operational Liaison Officers.

CONSULTATION & TIMING

12. The Policy for Interaction Between Councillors and Staff has been the subject of workshops with Councillors in December 2008 and September 2009 as well as staff workshops.

13. Upon adoption of the revised policy, training will be provided for all Councillors and staff.

Attachments:

1View	Draft Policy for Interaction Between Councillors and Staff	13 Pages
2View	Repot to Council of 24 August 2009	3 Pages

REFERENCE MATERIAL

Michael Quirk

Manager, Service Audit & Review