Agenda of Ordinary Council - 23 November 2009

COUNCIL CHAMBERS

The Lord Mayor Clr Paul Garrard - Woodville Ward

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

Sue Coleman – Group Manager City Services			Assistant Minutes Clerk – Joy Bramham
Gregory Smith – Group Manager Corporate			Minutes Clerk – Grant Davies
Sue Weatherley–Group Manager Outcomes & Development

Clr Paul Barber – Caroline Chisholm Ward			Clr Lorraine Wearne, 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 Antoine (Tony) Issa, OAM – Woodville Ward	Clr Chiang Lim, Deputy Lord Mayor – Arthur Phillip Ward

Staff

GALLERY

Ordinary Council	23 November 2009

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Regulatory Council - 9 November 2009

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 2 Darcy Street, Westmead

8 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

9 Regulatory Reports

9.1....... 83 Wentworth Avenue, Wentworthville NSW 2145 (Lot 2 DP 329885) (Arthur Phillip Ward)

NOTE: This item was considered at the Council Meeting held on 9 November 2009, where the chamber did not reach a definitive decision on the issue

10 City Development

10.1 Proposed consultation plan for 2 Morton Street, Parramatta

10.2 Controls for sex services and restricted premises

11 Environment

11.1 Corporate Environmental Policy, Objectives and Targets

11.2 Community Emission Reductions under the Proposed Carbon Pollution Reduction Scheme (CPRS)

12 Roads Paths Access and Flood Mitigation

12.1 West Metro Preliminary Environmental Assessment

13 Culture and Leisure

13.1 Barton Park Gladstone Street North Parramatta - Proposed Creation of Reserve Trust and Appointment as Manager of Crown Reserve

13.2 Ponds Creek Reserve, Dundas

14 Community Care

14.1 Aboriginal and Torres Strait Islander Advisory Committee Meeting 22nd September 2009

15 City Leadership and Management

15.1 Proposal for Review of Ward Boundaries

15.2 Fees and Charges 2009/10 - Events Stallholder Charges

15.3 Presentation of 2008/09 Financial report to the Public

15.4 Investments Report for September 2009

15.5 2009/10 Management Plan - September 2009 Review

15.6 Creation of a Finance Budget Committee - Appointment of Councillors

16 Closed Session

16.1 Tender 18/2009 for Provision of Research and Community Consultation Services

This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

16.2 Report required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff

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.

16.3 Tender Evaluation report for Information Technology Finance 23/2009

16.4 Urgent legal Matters

Nil as yet

17 DECISIONS FROM CLOSED SESSION

18 QUESTION TIME

Ordinary Council 23 November 2009

Item 7.1

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT 2 Darcy Street, Westmead

REFERENCE DA/853/2008/A - D01352897

REPORT OF N/A

To be Moved by Deputy Mayor Councillor C X Lim and Seconded by Councillors A Issa (OAM) and J Chedid.

RECOMMENDATION

“That the resolution of the Ordinary Council Meeting held on 9 November 2009, regarding 2 Darcy Street, Westmead, namely:-

“That the application to modify condition No. 30 of Development Consent No. 853/2008 be refused for the following reasons:

1. The proposed modification to condition No. 30 is contrary to the requirements of Council’s section 94A contributions plan as the development does not fall under a category of development that is exempt from the section 94A levy.

2. The proposed modification would set an undesirable precedent for all future development within the Parramatta Local Government Area that is subject to section 94A levies.

3. The proposed modification would undermine the integrity of Council’s section 94A contributions plan.

4. The proposed modification is not in the public interest.”

be and is hereby rescinded.”

Attachments:

1View

Previous Report to Council

11 Pages

Ordinary Council 23 November 2009

Item 9.1

REGULATORY

ITEM NUMBER 9.1

SUBJECT 83 Wentworth Avenue, Wentworthville NSW 2145 (Lot 2 DP 329885) (Arthur Phillip Ward)

DESCRIPTION Demolition, alterations and additions and use of the premises as a Place of Public Worship. Approval is also sought for the construction of a carpark at the rear of the site and associated signage.

REFERENCE DA/442/2009 - Submitted 10 July 2009

APPLICANT/S Sydney Kalibari Inc

OWNERS Mr P Hatzis

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

Place of Public Worship.

EXECUTIVE SUMMARY

Development Application DA/422/2009 seeks approval for demolition, alterations and additions and use of the existing warehouse building as a Place of Public Worship. Approval is also sought for the construction of a carpark at the rear of the site and associated signage.

One submission has been received in response to this Development Application raising issues that are not related to this application.

The place of public worship is to operate between the hours of Monday to Friday 7am to 1pm, 4pm to 9pm with a maximum number of 50 people to be in attendance at any one time. On Saturday and Sunday the hours of operation will be on the weekend periods 8am to 9pm. A maximum number of 50 people are to be in attendance at any one time.

For special events including an annual celebration and/or fundraising days, the number of these events are to be restricted to 3 times per calendar year with a maximum number of 150 people to be in attendance at any one time.

The proposal includes socio-religious activities including a soup kitchen and counselling services. There will be a maximum 3 staff preparing a maximum of 50 meals per week for approximately 30 to 50 clients per week. Food preparation for the soup kitchen will be from 8am to 1pm on Saturdays and Sundays. Deliveries for the soup kitchen will be a maximum 2 times per month and on weekends during operating hours. It is noted that the food prepared from the soup kitchen will not be eaten on site and will be either delivered or collected from the site. On site counselling services for fresh migrants will be carried out on Saturdays from 10am to 12pm. There will be a maximum of 2 staff and 3 to 5 clients. The applicant has noted that most counselling services will not be held on site and will be via telephone or internet. The socio-religious activities are considered ancillary to the use of the site as a place of public worship and it is not considered that there will be any undue environmental impacts in regards to additional noise or traffic generation.

Eight off-street car parking spaces (including 1 disabled parking space) are to be provided in the rear car parking area.

Subject to conditions of consent, the proposal is considered to be acceptable as it is consistent with the aims and objectives of Parramatta Local Environmental Plan 2001, Parramatta Development Control Plan 2005 and Draft DCP for Places of Public Worship. The proposal will not adversely impact surrounding development in terms of traffic flow, parking demand, visual and acoustic impact. Accordingly, the application is recommended for approval.

RECOMMENDATION

That Council grant consent to Development Application No. 422/2009 for the demolition, alterations and additions and use of the existing warehouse building as a Place of Public Worship and construction of a carpark at the rear of the site and associated signage on land at 83 Wentworth Avenue, Wentworthville as shown on approved plans, for a period of three years from the date of the Notice of Determination, subject to conditions of consent contained in Attachment 1.

Sophia Chin

Development Assessment Officer

Attachments:

1View	Section 79C Report	41 Pages
2View	Locality Map	1 Page
3View	Plans and Elevations	8 Pages
4	Minutes from Council Meeting on 9 November 2009	1 Page

Ordinary Council 23 November 2009

Item 10.1

CITY DEVELOPMENT

ITEM NUMBER 10.1

SUBJECT Proposed consultation plan for 2 Morton Street, Parramatta

REFERENCE F2005/01017 - D01349707

REPORT OF Manager Land Use and Transport Planning

PURPOSE:

The purpose of this report is to assess a consultation plan (prepared by the landowner of 2 Morton Street, Parramatta) on how to engage the community about the Planning Proposal for 2 Morton Street, Parramatta for residential and mixed use development

RECOMMENDATION

(a) That Council endorse the consultation plan as included in Attachment 1 subject to the following:

1. That all activities undertaken as part of the community consultation process be driven by a very clear objective that Parramatta City Council’s role is to assess and determine the Planning Proposal and the landowner is the proponent of the proposal. These roles should be very clear and guide the ongoing management and structure of the consultation of stakeholders.

2. That Council staff be responsible for reviewing any exhibition material for the purposes of the statutory exhibition before it becomes part of public record.

3. That Council host all statutory exhibition material on its website and any link to a separate web site prepared by the landowner be clearly labelled as such and the role of the landowner being different to Council’s as the proponent of the project.

4. The Community Newsletter to be prepared by the landowner referred to in page 5 of attachment 1, should be differentiated from the standard notification letter sent to local residents by Council. The standard notification letter should be sent by Council and funded by Fraser’s.

5. That engaging stakeholders, or other supplementary activities outside of the statutory process is a decision for and responsibility of the landowners and separate to the statutory exhibition process.

b) Further, that the consultation plan (as amended by recommendation a above) be included in the Planning Proposal for 2 Morton Street, Parramatta to be sent to NSW Department of Planning for consideration.

BACKGROUND

1. On 19 October 2009, Council considered a report for 2 Morton Street, Parramatta. The report recommended to Council that it expedite, through a site specific Planning Proposal, the rezoning of land at 2 Morton from “4 Employment” to “R4 High Density Residential” and “Part B4 Mixed Use” under draft Parramatta Local Environmental Plan. The Planning Proposal also included controls for regulating FSR, height and other relevant controls. The Planning Proposal would see the rezoning of the land ahead of the citywide draft Parramatta LEP.

2. Council endorsed the recommendations in the report subject to a number of conditions. One of those conditions was for a Consultation Plan prepared by the landowner and endorsed by Council, before the Planning Proposal is submitted to the NSW Department of Planning for consideration.

The Consultation Plan

3. The Consultation Plan submitted by the applicant is included in Attachment 1.

In summary, the consultation plan:

a. Outlines the process for the statutory exhibition of the draft Planning Proposal which includes the preparation of:

i. Local newspaper advertisement

ii. Community newsletter advising surrounding residents of Planning Proposal

iii. Information display on Council’s website

iv. Display of all relevant material at Council offices and libraries

v. That in accordance with Council’s resolution of the 19 October, that the Planning Proposal be on display for a period of 28 days

vi. That the landowner have a dedicated website outlining the Planning proposal that is made available as a link from Council’s website

vii. That Council assess and make decisions on all submissions received.

b. That the landowner will prepare and fund the administrative tasks required to make the statutory exhibition happen.

c. In addition to consultation activities during the statutory exhibition, the landowner is proposing to undertake a program of community engagement leading into, and after, the statutory exhibition.

Staff comments on Consultation Plan

Statutory exhibition process covers all of Council’s standard requirements

4. The consultation plan with respect to the statutory exhibition (part 3.1) meets standard requirements of Council for undertaking such a task. The approach is consistent with other public exhibitions undertaken by Council. The consultation plan proposes that a community newsletter be prepared for the purpose of the statutory exhibition. The landowners are prepared to prepare this newsletter and pay for the cost of distribution.

5. This newsletter should be clearly marked as the landowners initiative and not be confused with the standard letter Council will mail to local residents. As this will form part of the statutory exhibition, Council should determine the extent of the notification and that all information is ratified by Council staff before it is distributed.

All material for the statutory exhibition to be assessed before it is made public

6. The consultation plan forms part of the planning proposal submitted to the Department of Planning. The Environmental Planning and Assessment Act (S.55) states that all Planning Proposals are prepared and submitted by Councils. Therefore, the Planning Proposal, including the consultation Plan, despite it being prepared by the landowner, is Council’s plan. Therefore, any material prepared by the landowner for the statutory exhibition, as described in the consultation plan, needs to be carefully checked to ensure it reflects the plan that Council endorsed. Council staff will be responsible for assessing any material that is provided by the landowner before it is placed on the public record.

Council’s website

7. The Landowner has suggested in the Consultation Plan that it could host all information about the statutory exhibition on its website. Council has the resources and ability to host this information on its own website. Furthermore, the landowner intends to prepare their own project website about the rezoning and the development outcomes they envisage. Part 3.2 of the Consultation Plan under the heading Project website, states that there would be a link to this information from Council’s website. This may be reasonable provided there is an appropriate disclaimer making it clear that the project website is not information prepared by Council.

Stakeholder engagement

8. The Consultation Plan describes a process for engaging with a number of specified stakeholders, leading in to and after the statutory exhibition. Part 2 of the Consultation Plan lists those stakeholders, made up of State Government Departments, MPs, Councillors, senior Council staff, Environmental Groups, and a wide range of community stakeholders.

9. Because Council is responsible for assessing, facilitating, and managing the outcomes, it needs to be impartial. It must rely on the facts and merits of the proposal to make its decisions. Therefore, it should only consider community feedback through the statutory exhibition process. It is this process that must guide its decision on whether to support or reject the planning proposal.

10. A landowner has every right to engage with the community in this way. However, it needs to be clear that this process is landowner initiated and separate to the statutory exhibition and a process that Council will not participate in.

Nathan Burbridge Marcelo Occhiuzzi

Project Officer Manager, Land Use

Land Use and and Transport Planning

Transport Planning

Attachments:

1View

Morton Street Consultation Strategy

10 Pages

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 10.2

CITY DEVELOPMENT

ITEM NUMBER 10.2

SUBJECT Controls for sex services and restricted premises

REFERENCE F2009/01146 - D01352835

REPORT OF Project Officer

PURPOSE:

To finalise the DCP for sex services and restricted premises following receipt of independent legal and town planning advice and public exhibition of this draft DCP.

RECOMMENDATION

(a) That Council adopt the draft Parramatta DCP for sex services premises and restricted premises, as amended (Attachment 4).

(b) That a notice be published in the newspapers to give effect to the plan.

(c) That appropriate action be pursued with the Department of Planning to seek the DCP to apply to land covered by Sydney Regional Environmental Plan (SREP) No 28 -- Parramatta and amendment of the DCP to specify this if it is permitted.

(d) Further, that the DCP provisions be applied as Council policy to the SREP areas in the meantime.

BACKGROUND

1. As part of the work in preparing the comprehensive draft Parramatta DCP, provisions were prepared regulating sex services premises and restricted premises. These provisions were reported to Council on 27 July 2009 and deferred by Council to seek legal and independent planning review of the draft DCP provisions. The firm Mallesons Stephen Jaques has provided the independent legal advice and the firm WorleyParsons has provided the independent town planning advice (refer Attachments 1 and 2).

2. In order to give effect to the proposed DCP provisions for sex services and restricted premises ahead of the comprehensive Parramatta DCP it was considered that these provisions should be incorporated in a separate DCP. Council resolved on 14 September 2009 to prepare a prepare draft DCP to replace Council's current regulation of Brothels DCP and place it on public exhibition for a minimum of 28 days. It was proposed that the DCP would supplement the Parramatta City Centre DCP provisions for sex services premises; such that the draft DCP would apply to all land in the Parramatta and further that the draft DCP would be applied as Council policy until the DCP is finalised.

3. The draft DCP was placed on public exhibition from 23 September to 23 October 2009 at Council's administration building, all Council libraries and on Council's website. No submissions were received.

ISSUES

4. The detailed legal advice received from Mallesons indicates that the draft DCP gives effect to Council's objectives and proposed controls address matters considered by the court to be relevant matters. Advice further emphasises that brothels are a legal use in the zones where they are permissible and Council cannot effectively prohibit them through over regulation and Council cannot refuse consent because a property might be used as a brothel. However, a Council can look behind the development application to determine what it is actually for, and can exercise care in describing the permitted use and framing conditions.

5. Specific concerns raised by Mallesons, with relevant responses, are outlined below:

i DCP definitions need to match LEP definitions, the DCP wording needs to be tightened and some objectives amended to enhance section 79C consideration.

ii The DCP needs to clarify that the Definition of restrictive premises as included in Parramatta LEP 2001 and Sydney Regional Environmental Plan (SREP) No 28 -- Parramatta would not encompass activities such as striptease clubs and swingers clubs (where sexual activity takes place without exchange for payment). In order to resolve the situation the DCP should be amended to allow these activities to be assessed as business and entertainment premises as defined in these instruments.

iii Mallesons recommends that the term red light district should be removed from the draft DCP and reference to a maximum number of premises permitted within an area should be inserted. It is agreed that the term red light district should be removed as the term does not affect the DCP’s objective to prevent clustering of sex services premises and restricted premises. In order to avoid clustering the DCP includes separation distance requirements between sex services and restricted premises and other such premises and also entertainment type uses. It is considered impractical to include reference to a maximum number of premises that should be permitted within an area.

6. A further matter raised by Mallesons is that Council cannot make a DCP under Section 74B and C of the Environmental Planning and Assessment Act for the Government Centre, Harris Park, Camellia and Rydalmere areas as the Director-General is the relevant planning authority for SREPs. However, the Director General of Planning has provided a delegation which enables a development control plan to be prepared provided it is endorsed by a steering committee, comprising members of government and business organisations. Mallesons raises doubts as to the validity of this delegation as legislative requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act) and Environmental Planning and Assessment Regulation (EP&A Reg)1994 on which the delegation is based on have since changed.

7. Council can request a new delegation from the Department of Planning based on the current provisions of the EP&A Act and EP&A Reg 2000. In the mean time, Council should adopt the draft DCP, which has been amended so as not to apply to land covered by SREP No 28. Subject to the new delegation, the DCP can be further amended to apply to land covered by SREP No 28.

8. Detailed town planning advice from WorleyParsons, being primarily based on legislative requirements and comparison with other DCPs, emphasises the compatibility of land uses and impacts on occupiers of land. A significant suggestion of WorleyParsons is that the blanket restriction hours of operation and number of employees should not be applied to all premises, but should be determined on a merit assessment. This suggestion is supported and it is considered that the DCP should be amended to allow the standards for hours of operation and number of employees to be varied taking into account the hours of operation and nature of adjoining land uses.

9. A table incorporating the specific comments and suggestions of the independent experts on detailed provisions, together with the response of Council officers, is included as Attachment 3. To give effect to the suggestions it is recommended that a number of amendments be made to the draft DCP. A revised copy of the DCP incorporating the amendments (shown highlighted) is included as Attachment 4. The amendments are not considered to alter the substance of the draft DCP and do not require it to be re-exhibited. The DCP will have final effect once a notice is published in the newspapers.

CONCLUSION

10. The proposed amendments arising from the consultant's review of the draft provisions tighten provisions to be less open to misinterpretation. The amendments do not change the substance of the DCP. It is recommended that the content of the draft DCP be endorsed by Council.

Paul Kennedy Sue Stewart

Project Officer Land Use Planning Senior Project Officer Land Use Planning

Attachments:

1View	Independent legal advise from Mallesons Stephen Jaques	40 Pages
2View	Independent town planning advise from Worley Parsons	48 Pages
3View	Detailed comments and suggestions with response	24 Pages
4	Draft Development Control Plan and Sex Services and Restricted Premises, as amended	13 Pages

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 11.1

ENVIRONMENT

ITEM NUMBER 11.1

SUBJECT Corporate Environmental Policy, Objectives and Targets

REFERENCE F2008/00560 - D01347639

REPORT OF Environmental Management System Coordinator

PURPOSE:

Adoption of new Corporate Environmental Policy, Objectives and Targets.

RECOMMENDATION

(a) That the Draft Corporate Environmental Policy be adopted.

(b) Further, that the Draft Environmental Objectives and Targets be adopted to form the basis of a revised Environmental Action Plan.

BACKGROUND

1. Council’s existing corporate Environmental Policy was adopted by Council on 27 February 2007 as part of the Environmental Action Plan. The Policy was due to be reviewed in February 2008.

2. A review of the adopted Policy undertaken in 2008 determined that the adopted Policy does not assist councillors, managers or staff in understanding their roles in maximising Council’s environmental sustainability.

3. The adopted Environmental Action Plan contains a number of targets and associated actions, but does not include overarching objectives. A review of the adopted targets determined that they are not realistic or achievable.

4. A new draft Policy, objectives and targets have been developed to give a clear indication of Council’s corporate direction for environmental matters. They deal solely with Council’s own environmental performance. The objectives and targets for the whole Parramatta local government area are considered in other existing Plans and Policies and will be the subject of a further report to Council.

ISSUES/OPTIONS/CONSEQUENCES

5. The new draft Policy has been developed to complement Council’s new corporate Guiding Principles and Strategic Priorities, which highlight the importance of environmental sustainability to Council.

6. The draft Policy details expectations of staff and managers for implementing the Policy. Councillors’ responsibilities have also been included to emphasise their environmental obligations under the Local Government Act, which requires councils to “properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development”.

7. The draft Policy also contains responsibilities for contractors, who represent Council when undertaking services, and for suppliers, whose products can assist Council to reduce its environmental footprint.

8. If the draft Policy is adopted, it is proposed that it be included in Council’s standard employment package and used as the basis for comprehensive environmental training for all staff. Communicating and explaining the Policy and its intent to all new and existing staff would assist Council in fulfilling its legislative responsibilities as well as its recent commitments through the Guiding Principles and Strategic Priorities.

9. The draft environmental objectives have been developed by environment staff from across Council and targets created consistent with these. Development of the targets involved review of all existing Council environmental plans and policies as well as Parramatta Twenty25. The new targets for Council’s environmental performance remain forward-thinking but are more realistic than those in the Environmental Action Plan.

10. It is intended that the adopted Policy, objectives and targets form the basis for review of Council’s Environmental Action Plan in 2010, as well as other related Council policies such as the Procurement Policy.

CONSULTATION & TIMING

11. The draft objectives, targets and policy have been developed in consultation with environment staff from all Council departments.

12. The Manager, Human Resources, supports the proposal to include the Environmental Policy as part of the standard employment package and as the basis for environmental training for all staff.

13. Council’s Executive Team have had the opportunity to review, refine and endorse the draft documents.

FINANCIAL IMPLICATION FOR COUNCIL

14. The draft Policy specifies provision of sufficient resources to enable Council to comply with all aspects of the Policy including educating staff about the environmental impacts associated with their employment duties. This would generally be possible within existing resources.

Katherine Lustig

Environmental Management System Coordinator

Attachments:

1View	Draft Corporate Environmental Policy	4 Pages
2View	Draft Corporate Objectives and Targets	1 Page

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 11.2

ENVIRONMENT

ITEM NUMBER 11.2

SUBJECT Community Emission Reductions under the Proposed Carbon Pollution Reduction Scheme (CPRS)

REFERENCE F2008/00542 - D01349293

REPORT OF Environmental Management System Coordinator

PURPOSE:

To support efforts to ensure that voluntary actions taken by Council and its community to reduce personal contribution to climate change are recognised as additional actions under the Carbon Pollution Reduction Scheme and do not give licence to big polluters to increase their emissions.

RECOMMENDATION

(a) That Parramatta City Council write to the Prime Minister, the Minister for Climate Change, the Leaders of the Liberal Party, National Party and Australian Greens, Senator Steve Fielding and Senator Nick Xenaphon expressing Council’s concern that the proposed CPRS will not recognise voluntary action to reduce emissions by the community, councils and businesses outside the CPRS.

(b) Further, that the letter call on all parties to amend the CPRS legislation to ensure that voluntary actions that result in the abatement of greenhouse gases are considered as additional to mandatory emissions reduction targets and that CPRS permits are retired for every tonne of abatement from voluntary action.

BACKGROUND

1. The CPRS is a “cap and trade” scheme in which a cap is set on greenhouse gas emissions, with tradable permits issued up to the amount of this emissions cap. The intent of the scheme is that emissions reductions can be achieved at the lowest possible price.

2. The CPRS will not cover all greenhouse gas emissions in Australia. Rather, only businesses deemed to be liable entities will be required to participate. Under the existing CPRS proposal, Parramatta City Council will not be considered a liable entity and will have no associated reporting responsibilities.

3. The emissions reduction targets under the CPRS legislation are:

a. 25% below 2000 levels by 2020 if there is global agreement on greenhouse gas stabilisation, or

b. between 5-15% if global agreement falls short of the necessary stabilisation.

4. Council’s targets for emissions reductions are higher than those adopted by the Federal Government.

ISSUES/OPTIONS/CONSEQUENCES

5. Parramatta City Council has long acknowledged a corporate responsibility to minimise its contribution to climate change. The first Principle of Council’s Adopted Climate Action Plan 2006-2011 is that “we are all, individually and collectively, responsible for managing climate change. We must recognise that we are all responsible for the total greenhouse gas emissions in the LGA”.

6. In support of this principle, Council has set targets for energy and emissions reductions, purchased accredited GreenPower for all assets, purchased carbon offsets for some aspects of the business and installed solar panels on some buildings.

7. Likewise, Council has encouraged the local residential and business communities to reduce their contribution to climate change, including through purchase of solar hot water systems and GreenPower, participation in business programs to reduce energy consumption and emissions and purchase of energy efficient products.

8. As the existing CPRS legislation stands, the cap on emissions will act as both a “floor” and a “ceiling”. This means that, although emissions will be lowered to a certain level, they will also be prevented from going lower still. Thus, individual action taken by residents, businesses and councils outside the CPRS requirements will create additional permits for more and cheaper emissions from the big polluters.

9. For example, under the CPRS, Council’s purchase of GreenPower will allow large businesses to create as many tonnes of emissions as Council has saved through those purchases, in addition to the maximum already permitted.

10. Council has a strong interest in ensuring that its actions have a real impact and are not a waste of ratepayers’ money, however, the existing form of the CPRS will make Council’s voluntary actions on climate change largely pointless as they will merely allow big business to pollute more.

11. To prevent climate change, it is necessary that all individuals, businesses and government contribute to reducing emissions. To ensure this occurs, action taken by Council and its community must not enable large businesses to reduce their own efforts.

12. An alliance of environmental and consumer advocacy groups including CHOICE, the Australian Conservation Foundation, WWF Australia and Environment Victoria, have initiated a campaign to ensure that voluntary action is taken into account. The group has proposed that the Federal Government amend the CPRS legislation to ensure that voluntary actions are counted as additional to the target emissions cap, so that the total number of emissions permits remains constant regardless of individual action outside the scheme. Unlike the current form of the scheme, this change would ensure in an actual reduction in emissions.

13. The group has called upon local councils to support the recommended change to the CPRS to ensure that the efforts of councils and their communities to reduce emissions are recognised.

FINANCIAL IMPLICATION FOR COUNCIL

14. Should the CPRS be brought into effect as current legislation allows, Council’s expenditure on GreenPower and other actions to reduce greenhouse gas emissions will be paying for large businesses to increase their pollution levels.

15. There are no financial implications for Council if the recommendations are adopted.

Katherine Lustig

Environmental Management System Coordinator

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 12.1

ROADS PATHS ACCESS AND FLOOD MITIGATION

ITEM NUMBER 12.1

SUBJECT West Metro Preliminary Environmental Assessment

REFERENCE F2008/03629 - D01349558

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.

(b) That Council consider the implications of West Metro in the preparation of the draft Parramatta LEP and DCP.

(d) That Council make a submission to Sydney Metro highlighting the need to address the:

i) Impact on The Loop and commitment of additional funding for increased levels of service should the demand warrant this as a result of increased patronage resulting from the West Metro.

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

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.

(e) 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 the second stage of the proposed Sydney Metro underground rail network and will run from Central to Westmead via 11 stations.

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

(a) Reduced travel times between Parramatta, 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. It is anticipated that 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 and be operational by 2017 with construction activity limited to the 3 proposed stations.

ISSUES/OPTIONS/CONSEQUENCES

5. Council needs to carefully consider the implications of the proposed West Metro in the finalisation of the draft Parramatta LEP and DCP. In particular, there needs to be careful consideration of any land use zoning changes based on the assumption that the proposed West Metro will be delivered.

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 proposed Camellia Park & Ride.

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

(e) 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.

8. Sydney Metro presented information to Councillors on the Preliminary Environmental Assessment on 14 October 2009. 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
4View	Station Locations (Appendix A Extract)	3 Pages

REFERENCE MATERIAL

West Metro Preliminary Environmental Assessment (August 2009)

Ordinary Council 23 November 2009

Item 13.1

CULTURE AND LEISURE

ITEM NUMBER 13.1

SUBJECT Barton Park Gladstone Street North Parramatta - Proposed Creation of Reserve Trust and Appointment as Manager of Crown Reserve

REFERENCE F2009/00888 - D01328647

REPORT OF Property Program Manager

PURPOSE:

The purpose of the report is seek Council`s agreement to the acceptance of a proposal from the Department of Lands for Council to be appointed Manager of Crown (R78232) Reserve Trust known as Barton Park Gladstone Street North Parramatta and to approve the naming of the Trust.

RECOMMENDATION

(a) That Council accept the proposal from the Department of Lands for Council to be appointed Manager of Crown Reserve R78232 known as Barton Park Gladstone Street North Parramatta.

(b) That the Reserve be named Barton Park (R78232) Reserve Trust

(c) That the Council seal be applied, as appropriate, to relevant documents necessary to effect the appointment as Manager of Crown Reserve.

(d) Further, that the Department of Lands be advised of Council`s decision.

BACKGROUND

1. Following the call for Expressions of Interest Council, at its meeting of 7 September 2009, resolved to invite parties to tender for the lease of land, and the construction, establishment and management of an all weather soccer and multi-use court sporting complex at Barton Park, Gladstone Street, North Parramatta.

2. Barton Park consists mainly of Crown land and Council has management of the reserve devolved upon it pursuant to S48 of the Local Government Act 1993.

Section 48 states in part that:

“Responsibility for certain public reserves

(1) Except as provided by section 98A of the Crown Lands Act 1989 , a council has the control of:

(a) public reserves that are not under the control of or vested in any other body or persons and are not held by a person under lease from the Crown, and

(b) public reserves that the Governor, by proclamation, places under the control of the council. ”

3. Action is being taken for the preparation of the tender documents for the lease.

As the majority of Barton Park is Crown land discussions have been ongoing with the Department of Lands regarding its requirements for the lease documents. Recently the Department indicated that the leasing process would be facilitated by the creation by the Department of a reserve trust. By letter dated 12 October 2009 the Department has proposed that Council accept appointment as Reserve Trust Manager for Barton Park.

4. The Crown Lands Act 1989 provides that a Reserve Trust may enter into a lease or licence arrangements.

ISSUES/OPTIONS/CONSEQUENCES

5. Council is reserve trust manager for a number of reserves in the LGA. There is no cost involved in establishing the trust as the Department would appoint Council as Trust Manager by Government Gazette. Council would continue to operate as if it were the owner of the land. Trusts are required to provide annual reports and the Department has advised that it will in the next year or so be implementing an online reporting arrangement for trust reporting.

6. The Department has suggested that the reserve trust be named the Barton Park (R78232) Reserve Trust. This aligns with the reserve name and so is recommended.

CONSULTATION & TIMING

7. The Open Space & Natural Resources section of the City Assets & Environment Unit has been consulted and supports the proposal.

FINANCIAL IMPLICATION FOR COUNCIL

8. The entry into a lease arrangement would provide the opportunity for an additional income source for Council.

Paul Burne

Property Program Manager

Attachments:

1View

plan of Barton Park outlining proposed lease area

1 Page

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 13.2

CULTURE AND LEISURE

ITEM NUMBER 13.2

SUBJECT Ponds Creek Reserve, Dundas

REFERENCE F2004/06841 - D01344030

REPORT OF Property Program Manager

PURPOSE:

The purpose of the report is to recommend Council to take formal transfer of Lot 21 DP 28964, which forms part of the Ponds Creek Reserve by publication of a gazette notice to vest the land in the Council.

RECOMMENDATION

That the Council resolve to publish a notice in the Gazette to vest the fee simple of Lot 21 DP 28964 in the Council

BACKGROUND

1. The subject lot was created in 1958 via DP 28964 in a subdivision for public garden and recreation space. The land has since been used by the Council for a public reserve forming part of the Ponds Creek Reserve.

2. Ponds Creek Reserve is classified community and included in the Plan of Management for Natural Areas adopted by Council on 23 October 2006.

3. It has come to the Council’s attention recently that the subject lot is still registered in the name of the subdivider and no action has been taken to transfer the ownership of the land to the Council.

4. For reference, a location plan of the land is attached.

ISSUES/OPTIONS/CONSEQUENCES

5. In accordance with sections 340A and 340C of the Local Government Act 1919 which was applicable when the subject lot was created, the Council was entitled to take transfer of ownership of the land by publication of a notice in the government gazette.

6. The Local Government Act 1919 was repealed on 1 July 1993 but similar provisions have been re-enacted in section 50 of the Local Government Act 1993 requiring the same publication of a gazette notice for vesting the land in the Council.

CONSULTATION & TIMING

7. The Council’s Open Space & Natural Resources Unit has no objections to the proposed transfer of land title.

FINANCIAL IMPLICATION FOR COUNCIL

8. As the Council has always been maintaining the land for a public reserve, no additional operational cost is expected arising from the transfer of land title.

Kwok Leung

Property Program Manager

Attachments:

1View

Location Plan

1 Page

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 14.1

COMMUNITY CARE

ITEM NUMBER 14.1

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 22nd September 2009

REFERENCE F2005/01941 - D01351324

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 22^nd September 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 22^nd September 2009 be received and noted.

(b) That Council note the Committee’s vote of confidence in Council Officer Shanene Hogg and her work.

(c) That it be recommended to the Manager Human Resources that all staff be required to attend Cultural Awareness training and that training be also made available to Councillors.

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 22^nd September 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. Railcorp’s NAIDOC posters

The Committee continued their discussion of Railcorp’s decision not to put up NAIDOC posters at railways stations as they had indicated they would: the Chairperson, Bruce Gale reported that he had attempted to contact Railcorp’s Assistant Chief Executive Officer however had not heard back. The Committee was also advised that Council’s Events Co-ordinator had asked for an explanation from a Railcorp Officer she had been contacted by in the lead up to NAIDOC. She had not received a reply from them.

5. Local Government Aboriginal Network (LGAN) Conference 2009

(a) The Committee was informed that their two elected delegates Bruce Gale and Linda McDonald would represent the Advisory Committee at the upcoming LGAN 2009 Conference. Further, the Committee was advised that their request that three delegates attend could not be accommodated: the Terms of Reference and practice in previous years was that two delegates only would be funded to attend.

(b) The Committee identified the following issues be raised at the Conference: Youth in Custody and the Aboriginal Juvenile Justice Conference; the need to identify ways to increase Indigenous people’s access to local government services such as Home Care, Meals on Wheels, Library and Child care; the funding of identified Aboriginal positions and the failure of some Councils to do so out of their core budgets and the use of fixed term employment contracts rather than permanent appointments.

(c) The Committee was advised by Council’s Aboriginal Projects Officer Shanene Hogg, that all Indigenous Council staff were funded to attend LGAN. However, as she was unsure at this stage whether her employment contract would be renewed, she was unsure whether she would be attending. Committee members resolved to pass a vote of confidence in Council Officer Shanene Hogg and her work.

(Council Officer’s note: The employment contract of this Council Officer was extended and she did attend LGAN 2009)

(d) In the discussions regarding the employment of Indigenous staff, members requested the Manager Human Resources be invited to attend the next meeting to provide further information on the rates of Indigenous employees at Council and related issues.

(Council Officer’s note: The Committee was advised at its most recent meeting that as the Manager Human Resources had resigned, and a new Manager not yet appointed, it was not possible at this stage that they attend the meeting. The Council Officer has obtained information on this issue for the Committee and will provide this to members at its November meeting.)

6. LGAN 2010

The Committee was informed that Council Officers would be contacting three conference organisers and asking them to prepare tenders for the Conference. Further, Council Officers were expecting information from the LGAN executive on the decision making framework to be used in planning the Conference. The Committee agreed that they would act as an advisory group for the LGASN 2010 Conference, using a part of the meeting time to discuss and plan for the event.

7. Cultural Awareness Training

The Committee was advised that 4 sessions of Cultural Awareness training had been provided to Council staff as a result of Home Support and Community Services requesting it due to an increase in Indigenous clients. Two of these sessions had been opened to all Council staff. The Committee was provided with information on the background of the consultant trainer who had provided the training, Paul Newman, who had been sourced through the Local Government and Shires Association of NSW. The Committee discussed the importance of the training and recommended that Council in turn, recommend to the Manager Human Resources, that all staff be required to attend Cultural Awareness training and further, that it be made available to Councillors.

8. Department of Education, Employment and Workplace Relations Funding

The Committee was advised that a meeting would be held on 30^th October 2009 about the changes being made by the Department of Education, Employment and Workplace Relations to the funding of literacy programs for indigenous students.

9. Council’s Heritage WebPages consultation

Council Officer Paul Kennedy, Project Officer Land Use and Planning, attended the meeting and presented to the Committee the draft web pages for Council’s web site regarding Heritage. Paul requested the input of the Committee regarding these pages, in particular those relating to Indigenous Heritage. Members made a number of suggestions to improve the information and were invited to email any further suggestions to the Council officer.

10. Appointment of Committee Members

The Committee was advised that the appointment of new members would be considered by Council at its meeting of 28^th September 2009 and following their decision, members would be advised in writing of their appointment. Following this, compulsory training would be provided which would include information on the Terms of Reference and Council’s Code of Conduct. It is expected that the first meetings of the new Committees would be held in November 2009.

11. Dharug Corroborree

The Committee was advised that a Corroborree would be held at Murra Mittigar Aboriginal Cultural Centre, Penrith, for all Dharug people.

12. Aboriginal Project Officer’s update

Council Officer Shanene Hogg, provided information on her work projects including an Indigenous children’s dance program that had been attended by 30 children; the Connect:Reconnect, Close the Gap event which had attracted 60 people and that the Ministry of Transport had provided $348,000 to fund the Aboriginal Transport Project for Parramatta’s Home and Community Care clients.

FINANCIAL IMPLICATION FOR COUNCIL

13. There are no financial implications for Council

Maggie Kyle

Community Capacity Building Officer

Attachments:

1View

Minutes Aboriginal and Torres Strait Islander Advisory Committee 22nd September 2009

6 Pages

Ordinary Council 23 November 2009

Item 15.1

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.1

SUBJECT Proposal for Review of Ward Boundaries

REFERENCE F2005/02508 - D01313082

REPORT OF Service Manager - Council Support

PURPOSE:

To gain approval to undertake a review of Council’s Ward Boundaries.

RECOMMENDATION

(a) That Council undertake a review of its ward boundaries to comply with Section 211 of the Local Government Act.

(b) That in line with Council’s decision of 29 October 2007, Council confirm its desire to maintain the current ward based system of 5 wards.

(c) Further, that Council appoint Mr Gerry Holmes to undertake the required works for the amount of $4,500 plus GST utilising funds available in account number 10.1260.712.620210.

BACKGROUND

1. Section 211 of the Local Government Act places an obligation on Council’s to keep its ward boundaries under review. Section 211 reads as follows:-

211 Ward boundaries

(1) The council of an area divided into wards must keep the ward boundaries under review.

(2) If:

(a) during a council’s term of office, the council becomes aware that the number of electors in one ward in its area differs by more than 10 per cent from the number of electors in any other ward in its area, and

(b) that difference remains at the end of the first year of the following term of office of the council,

the council must, as soon as practicable, alter the ward boundaries in a manner that will result in each ward containing a number of electors that does not differ by more than 10 per cent from the number of electors in each other ward in the area.

(3) Nothing in subsection (2) prevents a council that has become aware of the discrepancy referred to in subsection (2) (a) from altering its ward boundaries before the end of the first year of the following term of office of the council.

2. The Manager Executive Support submitted a report to the Council Meeting of 29 October 2007 regarding the review of Council’s existing constitutional and electoral structures which also referred to the requirement to review ward boundaries. The report indicated that as at October 2007, there was a greater than 10% variation between the ward with the most electors (Elizabeth Macarthur – 19622) and the ward with the least electors (Caroline Chisholm - 17557).

3. Council subsequently resolved to reconsider its Ward Boundaries following the 2008 Local Government Election to satisfy the requirements of Section 211 of the Local Government Act.

4. In addition, Council at this meeting also resolved to maintain its current ward based system as the best method of meeting the City’s requirements.

ISSUES/OPTIONS/CONSEQUENCES

5. Electoral figures obtained for 30 September 2009 indicate as follows:-

ARTHUR PHILLIP WARD 19607

CAROLINE CHISHOLM WARD 17672

ELIZABETH MACARTHUR WARD 20745

LACHLAN MACQUARIE WARD 18836

WOODVILLE WARD 18966

All 95826

6. The current difference between wards with the highest and lowest number of electors is greater than the permissible 10% (ie 17.3%) and continues to grow.

7. In accordance with Section 211 (b) of the Act, as this difference remains at the end of the first year of this Council term, Council will need to take appropriate action to adjust its ward boundaries to ensure that there is a less than a 10% difference in elector numbers between each ward.

8. Section 210A of the Local Government Act provides guidance on altering Ward Boundaries and states as follows:-

210A Consultation, public notice and exhibition of proposals regarding ward boundaries

(1) Before dividing a council’s area into wards or altering a council’s ward boundaries, the council must:

(a) consult the Electoral Commissioner and the Australian Statistician to ensure that, as far as practicable, the proposed boundaries of its wards correspond to the boundaries of appropriate subdivisions (within the meaning of the Parliamentary Electorates and Elections Act 1912) and census districts, and to ensure that the proposed boundaries comply with section 210 (7), and

(b) prepare and publicly exhibit a plan detailing the proposed division or alteration (the ward boundary plan).

(2) The council must give public notice of the following:

(a) the place at which the ward boundary plan may be inspected,

(b) the period for which the plan will be exhibited (being a period of not less than 28 days),

(c) the period during which submissions regarding the ward boundary plan may be made to the council (being a period of not less than 42 days after the date on which the ward boundary plan is placed on public exhibition).

(3) The council must, in accordance with its notice, publicly exhibit the ward boundary plan together with any other matter that it considers appropriate or necessary to better enable the plan and its implications to be understood.

(4) Any person may make a submission to the council regarding the ward boundary plan within the period referred to in subsection (2) (c).

(5) The council must consider submissions made in accordance with this section.

9. The Electoral Commissioner does not provide a consulting service to Council’s to fulfil their obligations under the Act. Councils are advised to seek the services of the Department of Lands or other suitably qualified organisation to provide the required information.

FINANCIAL IMPLICATION FOR COUNCIL

10. Discussions have been held with a consultant experienced in reviewing ward boundaries and a quote subsequently received. Such works would include:-

* Reviewing the current ward boundaries and the current ward enrolments;

* Undertaking assessments of likely increases in enrolments within collector subdivisions including consideration of residential occupations and residential developments;

* Consultation with the Electoral Commission and Australian Statistician to ensure compliance of new boundaries with appropriate subdivision and census districts;

* Submission of a report to be placed on public exhibition.

11. In addition, Mr Gerry Holmes who has successfully facilitated a number of workshops for Council on governance matters, including the need for review of Council’s ward boundaries, has indicated that he would carry out the review at a cost of $4,500 plus GST which is substantially cheaper than the other quote received.

CONCLUSION

12. In accordance with the requirements of Section 211 of the Local Government Act, it will be necessary for the Council to review its Ward Boundaries.

13. It is considered appropriate for Mr Gerry Holmes to be appointed to undertake the works utilising funds available in account number 10.1260.712.620210.

Graeme Riddell

Service Manager – Council Support

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 15.2

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.2

SUBJECT Fees and Charges 2009/10 - Events Stallholder Charges

REFERENCE F2008/03720 - D01327288

REPORT OF Manager - Finance

PURPOSE:

To determine a fee for stallholders at Council events.

RECOMMENDATION

That Council adopts fees for stall holders at Council events as detailed in this report.

BACKGROUND

1. At Council’s meeting on 24 August 2009 it was resolved that Council gives public notice for 28 days of the proposed fees for stall holders at Council events as detailed in this report. These fees were inadvertently omitted from the schedule of Fees and Charges.

2. Public notice of the proposed fees was given in the local newspaper and details provided on Council’s website. Submissions were invited on the proposed fees. The submission period ended on 30 September 2009 with no submissions received.

3. The proposed charges are:

EVENTS STALL CHARGES:	Charges inc. GST
Parramatta Australia Day Food Stallholder fee
One 2.4m fete stall, dry waste service, health inspector fees, shared hand washing sink for Community Purpose	$320.00
One 2.4m fete stall, dry waste service, health inspector fees, shared hand washing sink for Commercial Purpose	$475.00
One 4.8m (l) x 2.4m (w) space, dry waste service, health inspector fees (Van or cart)	$385.00
Parramatta Australia Day Merchandise Stallholder fee
One 2.4m fete stall, dry waste service for Community Purpose	$200.00
One 2.4m fete stall, dry waste service for Commercial Purpose	$310.00
Parramatta Australia Day Information Stallholder fee
One 2.4m fete stall for Community purpose	$120.00
One 2.4m fete stall for Commercial Purpose	$200.00
Parramatta Major Events Food Stallholder fee
One 2.4m fete stall, dry waste service, health inspector fees, shared hand washing sink for Community Purpose	$200.00
One 2.4m fete stall, dry waste service, health inspector fees, shared hand washing sink for Commercial Purpose	$310.00
One 4.8m (l) x 2.4m (w) space, dry waste service, health inspector fees (Van or Cart)	$275.00
Parramatta Major Events Merchandise Stallholder fee
One 2.4m fete stall, dry waste service for Community Purpose	$140.00
One 2.4m fete stall, dry waste service for Commercial Purpose	$240.00
Parramatta Major Events Information Stallholder fee
One 2.4m fete stall for Community Purpose	$120.00
One 2.4m fete stall for Commercial Purpose	$200.00
All Events Extras fees
Electric Power (per 10 amp or 15 amp point)	$80.00
Electric Power (3 phase, 32 amp, 5 pin)	$110.00
Stall lighting (per stall, includes cabling & electrician)	$100.00

ISSUES/OPTIONS/CONSEQUENCES

Council is required to formally adopt the charges before they can be imposed.

CONSULTATION & TIMING

No responses were received to the Public Notices and relevant staff have been informed.

FINANCIAL IMPLICATION FOR COUNCIL

Income from these charges is estimated to be $30,000 in 2009/10.

Jenny Fett

Manager Finance

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 15.3

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.3

SUBJECT Presentation of 2008/09 Financial report to the Public

REFERENCE F2004/05862 - D01328893

REPORT OF Manager - Finance

PURPOSE:

To present the 2008/09 Financial Report and Auditors Report to the public.

RECOMMENDATION

That the 2008/09 Financial Report and the Auditors Report be received and presented to the public.

BACKGROUND

1. The Council is required to present the 2008/09 Financial Report and Auditors Report to the General Public in accordance with the provisions of the Local Government Act 1993.

2. The Council at its meeting held on the 19 October 2009 received the auditors Report from its Auditors PricewaterhouseCoopers and adopted the Financial Report.

3. The 2008/09 Financial Report and Auditors Report was placed on public exhibition at the Darcy Street Administrative Building and the Parramatta City Library. An advertisement was placed in the local newspaper on 11 November 2009 advising that the reports would be presented to the public at the Council meeting of 23 November 2009 and inviting submissions on the reports to be received by 30 November 2009.

4. A copy of the Auditors Report and the previous report to Council is attached for Councillors information.

5. The Council must ensure that copies of all submissions received by it are referred to the auditor, and may take such action as it considers appropriate with respect to any such submission, including the giving of notice to the Director-General of any matter that appears to require amendment of the Council’s financial reports.

6. The Auditors in their 2008/09 report state that most indicators are better than accepted industry benchmarks and reflect a sound and stable financial position.

CONCLUSION

7. The presentation of the Council’s 2008/09 Financial Report and the Auditors Report to the public at the Council meeting of the 23 November 2009 will ensure that Council meets its statutory obligations in respect of financial reporting.

Jenny Fett

Manager Finance

Attachments:

1View	Auditor's Report - Section 417(2) -	1 Page
2View	Report on the Conduct of the Audit for Year Ended 30 June 2009-Section 417(3) -	4 Pages
3View	Independant Auditor's Report	1 Page
4View	Previous Report to Council on 19 October 2009 -	5 Pages

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 15.4

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.4

SUBJECT Investments Report for September 2009

REFERENCE F2009/00971 - D01340489

REPORT OF Manager - Finance

PURPOSE:

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

RECOMMENDATION

That Council receives and notes the investments report for September 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 $89.8 Million as at 30th September 2009. (Previous month $81.8 Million) The weighted average portfolio held for September 2009 was $89.5 Million (Previous month $77.9 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 0.45% 5.61%

Funds Managers 0.58% 7.53%

Bank Bill Index 0.29% 3.50%

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 5.61% for the month of September for its total investment portfolio. The return recorded by Council was considerably above the Bank Bill Index of 3.50%. Fund managers recorded an annualised rate of 7.53%.

7. Council’s favourable return versus the Bank Bill Index for September 2009 can once again be attributed to the continued strong performance of Councils Managed Funds. The CFS Global Fund once again performed strongly and recorded an annualised return of 16.46% for the month of September. The T-Corp Long Term Growth Facility Fund has also started to regain momentum in the last 3 months recording a 35.59% annualised return for September.

8. Council currently holds approximately $39M in term deposits which range in periods from 90 days to 1 year. The interest rates on these various term deposits range from 4.20% to 6.00%.

9. Finance & CPG Research and Advisory conducted some analysis calculations on the Westpac Dandelion and Longreach Series 30 Capital Protected notes. Although these longer term investments guarantee the full return of capital at maturity, the recent market turmoil has resulted in advice that no future coupon payments will be paid on either of these instruments. The outcome of the analysis was that Council should continue hold these investments to maturity. The current redemption value is too low to justify a transfer into term deposits and other allowable investments, and as such would not return the overall capital value. Finance will continue to review these products should beneficial market changes occur.

10. The new updated Investment policy and strategy was adopted at the Council meeting held on the 28^th September 2009. This policy incorporates all the guidelines and changes made by the Dept of Local Government and will assist Council officers on a daily basis when making prudent investment decisions. CPG Research will review the strategy regularly and recommend various portfolio changes based on market movements

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 September 2009 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of September 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 23 November 2009

Item 15.5

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.5

SUBJECT 2009/10 Management Plan - September 2009 Review

REFERENCE F2009/02351 - D01343115

REPORT OF Manager - Finance

PURPOSE:

To provide the September 2009 Quarterly Review of the 2009/10 Management Plan and Budget.

Section 407 of the Local Government Act 1993 requires the General Manager (Chief Executive Officer) to report to the Council within 2 months after the end of each quarter as to the extent to which the performance targets set by the Council’s Management Plan have been achieved during that quarter.

The Responsible Accounting Officer is also required to report as to whether or not the Responsible Accounting Officer believes the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure.

RECOMMENDATION

(a) That Council adopt the Chief Executive Officer’s September 2009 Quarterly Review of the 2009/10 Management Plan and Budget. (Attachment 1).

(b) That Council adopt the Responsible Accounting Officer’s report on the financial position of the Council as detailed in Attachments 1 and 2.

(c) Further, that Council adopt the “Four Pillars” community reporting format, as described within this report, commencing with the December 2009 Quarterly Management Plan and Budget Review. (Attachment 3)

BACKGROUND

1. The attached September 2009 Quarterly Review contains the Chief Executive Officer’s report and details of the extent to which the performance targets set by the Council’s 2009/10 Management Plan have been achieved. The performance targets are shown in the Review on a Program basis.

2. The Review details, at pages 64-65, the actual income and expenditure results for the year compared to the budget previously adopted by Council. The Responsible Accounting Officer’s Report, on pages 4-6 of the Review, includes an analysis of the year end result and the reasons for the major variances from the previously adopted budget.

Attached is also the employee report as resolved by Council on 9 March 2009.

That Council receive a report on the following matters:-

In the quarterly review, the inclusion of graphs of wages' costs, number of employees and increases on the previous quarter together with historical data regarding numbers and rates of increased expenditure on employees.

3. The September 2009 Quarterly Review was submitted to Council’s Program Panels’ meeting on 16 November 2009. Any changes from the Program Panels’ meeting will be incorporated as an addendum to this document to be considered at the Council meeting.

4. At the two Budget Strategy workshops conducted on 7 October and 2 November, Councillors were advised that it was proposed to discontinue the Programs format for community reporting purposes. In its place it is proposed to report on a “Four Pillars” basis –

· Environment & Infrastructure

· Community & Neighbourhoods

· Economy & Development

· Governance & Corporate

The new format meets the requirements of the new Integrated Planning legislation and has the following advantages:

· Improved alignment with the seven destinations identified in the Parramatta Twenty25 Strategic Community Plan

· Clear links between a Pillar and the Services and Sub-services that contribute to it

· Clear lines of managerial responsibility between a Pillar, Service and Responsible Manager

· Reduced administrative and financial management costs compared with Program reporting

To ensure that Council is well positioned for the introduction of the new Integrated Planning legislation from 2010/11, it is proposed that the change to Four Pillars reporting commences with the next December Quarterly Review. This will allow sufficient time to implement the system changes required and provide consistency between the format of this year’s Management Plan/Budget reporting and the format for the Delivery Program commencing 2010/11. (The Delivery Program is required by the new legislation and replaces the Management Plan.)

ISSUES/OPTIONS/CONSEQUENCES

Relevant issues/options/consequences are noted within the Quarterly Review document.

CONSULTATION & TIMING

Consultation has taken place with all relevant staff that have Management Plan and budgetary responsibilities.

FINANCIAL IMPLICATION FOR COUNCIL

Details of the financial implications are contained within the Review.

Jenny Fett

Manager, Finance

Attachments:

1	September 2009 Quarterly Review - hard copy provided	67 Pages
2View	Employee expenses and FTE	3 Pages
3View	Draft Services Map	1 Page

REFERENCE MATERIAL

Ordinary Council 23 November 2009

Item 15.6

CITY LEADERSHIP AND MANAGEMENT

ITEM NUMBER 15.6

SUBJECT Creation of a Finance Budget Committee - Appointment of Councillors

REFERENCE F2009/02419 - D01355493

REPORT OF Service Manager - Council Support

PURPOSE:

To seek the appointment of Councillors to the Finance Budget Committee.

RECOMMENDATION

That Council appoint 5 Councillors to the Finance Budget Committee.

BACKGROUND

1. Council at its meeting held on 19 October 2009 gave consideration to a Lord Mayoral Minute regarding the creation of a Finance Budget Committee (copy appended as Attachment 1) and resolved:-

(a) That Council approve the establishment of a Finance Budget Committee and the attached terms of reference and process for nomination for membership be received.

(b) That Council endorse the CEO commencing discussions with the Department of Local Government regarding an application for extension of the Special Rates.

(c) Further, that interested Councillors submit their names to the Office of the Chief Executive Officer for subsequent consideration as an Order of the Day at a future meeting.

2. The previously considered Lord Mayoral Minute indicated that the composition of the Committee would be 5 serving Councillors, 1 to be elected as Chair.

ISSUES/OPTIONS/CONSEQUENCES

3. At the time of completion of this report, no names have been submitted for appointment to the Finance Budget Committee in accordance with part (c) above.

4. Accordingly, this matter is placed before Council to enable the appointment of members to the subject Committee.

Graeme Riddell

Service Manager – Council Support

Attachments:

1View

Creation of a Finance Budget Committee

2 Pages

REFERENCE MATERIAL

Nil.