Agenda of Council - 22 February 2010

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

Council	22 February 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 8 February 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 Use of the Words "Merry Christmas" on Council Banners and Documents

7.2 Community Consultation on Possible Special Rates Variation

8 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

9 Economy and Development

9.1 "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007

9.2 Morton Street Voluntary Planning Agreement

9.3 Land Use Planning Work Program

9.4 Proposed Transfer of Various Parcels of Land from Department of Planning to Council

9.5 Proposed Easement over part of Ponds Creek/Subiaco Reserve Kariwarra Street Dundas

9.6 Proposed Acquisition of Part Lot 219 DP234686 - 25 Goliath Street, Winston Hills

9.7 Proposed Grant of Easement for Drainage over Part of Drainage Reserve Briens Road Northmead

10 Environment and Infrastructure

10.1 Promoting Solar Energy in the Parramatta Local Government Area

10.2 Parramatta Cycleway Advisory Committee

10.3 Eastwood & Terry's Creek Floodplain Risk Management Study and Plan

10.4 Parramatta Traffic Committee meeting held on 4 February 2010

10.5 Traffic Engineering Advisory Group minutes held on 4 February 2010.

11 Community and Neighbourhood

11.1 Access Advisory Committee Minutes 15 December 2009

11.2 Aboriginal and Torres Strait Islander Advisory Committee Meeting November 24th 2009

11.3 Aboriginal and Torres Strait Islander Advisory Committee Executive Membership

12 Governance and Corporate

12.1 Investments Report for December 2009

12.2 Investments Report for November 2009

12.3 2009/10 Management Plan - December 2009 Review

12.4 Report of the Finance Budget Committee 21 December 2009

13 Notices of Motion

13.1 RTA Improvements on Spurway Street, Ermington

14 Closed Session

14.1 Tender 41/2009 Enid Avenue at William Street, Granville - Kerb and Gutter, Road Reconstruction and Associated Works.

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.

14.2 Extension of Existing Contract (Tender No. 11/2006) Management of Multi Level Car Parking Stations (MLC's) at Wentworth Street, Erby Place, Hunter Street and Horwood Place, Parramatta.

14.3 Tender Relating to the Provision of External Legal Services

14.4 Further Report Tender Results: IT Program Management Services

14.5 Directions for Class 1 Proceedings - 45 George Street Clyde DA/484/2009

This report is confidential in accordance with section 10A (2) (g) of the Local Government act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

14.6 Direction for Class 1 Proceedings - 32 Berry Street Clyde (Property)

15 DECISIONS FROM CLOSED SESSION

16 QUESTION TIME

Council 22 February 2010

Item 7.1

RESCISSION MOTION

ITEM NUMBER 7.1

SUBJECT Use of the Words "Merry Christmas" on Council Banners and Documents

REFERENCE F2009/00191 - D01417881

REPORT OF Councillor J D Finn

To be Moved by Councillor J D Finn and seconded by Councillors G Elmore and P B Barber

RECOMMENDATION

“That the resolution of the Ordinary Council Meeting held on 14 December 2009, regarding, Use of the Words "Merry Christmas" on Council Banners and Documents namely:-

“(a) That Parramatta City Council ensure that the words “Merry Christmas” are reinstated on Council banners and on Council’s website.

(b) That Council’s Media and Communication Departments ensure that all media releases, booklets and leaflets have the words “Merry Christmas” highlighted.

(c) That Council staff by midnight 21st December 2009 cover over the words “Seasons Greetings” on all banners within the City Centre with the words “Merry Christmas”. Such action is to be carried out in the most practical means necessary given the tight timeframe. In subsequent days, a more permanent solution is to be found to ensure that the words “Merry Christmas” last until the end of the Christmas season when the banners are taken down.

(d) Further, that Council staff, in consultation with Councillors, design a new range of banners, that will clearly display the words “Merry Christmas” and that equally illustrate:-

1. The traditional notion of Christmas;

2. The nativity version and traditional Christian notion of Christmas.”

be and is hereby rescinded.”

Attachments:

There are no attachments for this report.

Council 22 February 2010

Item 7.2

RESCISSION MOTION

ITEM NUMBER 7.2

SUBJECT Community Consultation on Possible Special Rates Variation

REFERENCE F2009/02419 - D01449901

REPORT OF Councillor P Esber

To be Moved by Councillor P Esber and seconded by Councillors P B Barber and M Lack.

RECOMMENDATION

“That the resolution of the Ordinary Council Meeting held on 14 December 2009, regarding, Community Consultation on Possible Special Rates Variation namely:-

(a) That Council endorse preliminary work on assessing community views on the continuation of expiring Special Rates and other rating options.

(b) That Council note that the Department of Local Government is likely to require early notification of an intention to apply for a Special Variation.

(c) Further, that Council review the effectiveness of the current economic development rate and prepare options for this rate to be used for the benefit of Council.

be and is hereby rescinded.”

COMMENT FROM GROUP MANAGER, CORPORATE SERVICES:

Following is the current status of the resolution

(a) Council have commenced this work, including the engagement of consultants to conduct focus groups and telephone surveys, along with press releases.

(b) The notice has been sent to the Division of Local Government

Attachments:

1View

Previous Council Report

3 Pages

Council 22 February 2010

Item 9.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.1

SUBJECT "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007

REFERENCE F2006/00601 - D01448469

REPORT OF Project Officer

PURPOSE:

To finalise the "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007 following public exhibition.

RECOMMENDATION

(a) That Council adopt the "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007 (Attachment 1).

(b) Further, that a notice be published in the local newspapers to give effect to the Amendments.

BACKGROUND

1. Council, on 22 June 2009, resolved to prepare and exhibit Amendments of a minor ‘housekeeping’ nature, "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007 (Attachment 1), for the following matters:

(a) To correct a numerical error relating to building setback to street frontage.

(b) To reference Council’s adopted Childcare Centres DCP in the City Centre DCP.

(c) To include the floodplain matrix table, which is referenced in the DCP but previously omitted in error. (Attachment 2)

(d) To include objectives and controls for the Justice Precinct and Commercial Core Special Areas. (Attachment 3)

2. The Amendments were placed on public exhibition from 14 October 2009 to 13 November 2009. No submissions were received.

ISSUES

3. It is recommended that the Amendments "Housekeeping" Amendments to Parramatta City Centre Development Control Plan 2007 be endorsed by Council. The Amendments will have final effect once a notice is published in the newspapers.

Paul Kennedy Sue Stewart

Project Officer Land Use Planning Senior Project Officer Land Use Planning

Attachments:

1View	Proposed Amendments to City Centre Development Control Plan 2007	1 Page
2View	Floodplain Matrix	2 Pages
3View	Objectives and Controls for City Centre Character Areas	2 Pages

REFERENCE MATERIAL

None.

Council 22 February 2010

Item 9.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.2

SUBJECT Morton Street Voluntary Planning Agreement

REFERENCE F2005/01017 - D01448985

REPORT OF Manager Land Use and Transport Planning

PURPOSE:

The purpose of this report is to recommend to Council an adjustment to the previously adopted draft Voluntary Planning Agreement regarding the future development of the Morton Street precinct.

RECOMMENDATION

(a) That, the previously adopted draft Voluntary Planning Agreement for the development of 2 Morton Street be amended to replace the cash contribution towards a pedestrian bridge to a contribution towards the foreshore multi purpose path and associated works.

(b) Further, that the matter be reported back to Council following public exhibition with the draft LEP for the site.

BACKGROUND

1. On 29 October 2007, Council adopted in-principle, the draft Voluntary Planning Agreement (VPA) for the development of 2 Morton Street, Parramatta site (attachment 1).

2. The VPA has previously been the subject of legal advice and ongoing negotiation with Council staff and the proponent.

ISSUES/OPTIONS/CONSEQUENCES

3. The principles of the draft VPA were drafted several years ago. More recently Council staff representing different areas of responsibility have reviewed the draft VPA.

4. One component of the draft VPA which was identified as being of concern was the cash contribution of $1.5M towards the construction of a pedestrian bridge spanning the Parramatta River. The draft VPA acknowledged that this would not represent the total cost of the bridge and that Council would need to make the required contribution to meet the balance of the total cost. The cost of this bridge has been estimated at approximately $3M which means that Council would need to fund $1.5M from alternative sources. It effectively creates a financial liability as the draft VPA requires Council to construct the bridge.

5. The previously adopted draft VPA included a $300K contribution towards a multi purpose foreshore path. Staff have considered this further and concluded that significant additional funds could be expended on the foreshore including the multi purpose path, to achieve a much better outcome. A study of the potential foreshore routes was conducted and concluded that the section of foreshore adjacent to the James Ruse Drive bridge requires careful management, which depending on the preferred route, may cost $2.4M - $3.9M. In addition, the section of path which links to the Gasworks bridge, could potentially be better connected to the CBD by avoiding a crossing of Macarthur Street.

6. The $1.5M cash contribution that is currently identified in the draft VPA for a bridge, may not pay for the entire length of the path as described above but is sufficient to create a substantial portion. In addition, Council investment in cycle paths, including sourcing from other section 94 contributions and state and federal grants, occurs on a recurring basis so there can be confidence that a cycle route would be completed within a reasonable timeframe. It is worthwhile remembering that this part of the Parramatta Valley cycleway has been the most problematic in establishing and would represent the last connection of the foreshore network.

7. It is therefore recommended that the principle of a contribution towards a bridge be replaced with the same cash figure being a contribution towards the foreshore multi purpose path and associated works. The proponent has agreed in principle with this change. The amendment of the draft VPA, and in particular, the change in cash contributions as recommended, should not create a liability for Council.

EXHIBITION

8. The draft VPA and associated draft LEP for the site are expected to be placed on public exhibition in the next few weeks. Following this process, a report will be prepared for Council’s consideration including all submissions received.

Marcelo Occhiuzzi

Manager, Land Use,

Transport and Urban Design

Attachments:

1View

Revised Draft Voluntary Planning Agreement for Morton Street that takes into account Council's revised costs (Oct 2009)

7 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 9.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.3

SUBJECT Land Use Planning Work Program

REFERENCE F2006/01198 - D01449283

REPORT OF Manager Land Use and Transport Planning

PURPOSE:

To outline to Council the work programme of the Land Use team in order that this be prioritised to enable identified projects to proceed in an orderly manner.

RECOMMENDATION

That Council receive and note the prioritised work programme for the Land Use Team as per Attachment 1.

BACKGROUND

1. The Land Use team reports to the Manager Land Use, Transport and Urban Design. It is responsible for the preparation and maintenance of planning instruments such as Local Environmental Plans (LEPs), Development Control Plans (DCPs), heritage issues and developer contributions. The team has 6.2 equivalent full time positions.

2. The major project occupying the Land Use team’s resourcing over the last 12 months has been the preparation and finalisation of the draft LEP and DCP as well as a collection of smaller subject specific DCP’s. This will continue over the next 9-12 months as these plans are finalised.

3. The purpose of this report is to outline the range of projects that the team is responsible for in order that Council can more effectively prioritise the range of projects it wishes to be completed in the short term. It arises from a question raised at the Council meeting of 7 December regarding timing of delivery of certain projects by the Land Use team in response to which a commitment was made to prepare the work programme of the Land Use team for Council’s consideration.

CURRENT PROJECTS AND COMMITMENTS

4. The list of projects/responsibilities at attachment 1 identifies the various areas that staff are currently committed to either by way of Council resolution or management direction.

5. The variable nature of some of these processes make prediction of exact resourcing difficult. The work of the Land Use team depends on many external factors like nature and volume of submissions and Department of Planning directions. For example, the exhibition of the draft LEP and DCP may attract only 50 or 60 submissions, or equally, it may elicit 5-600 submissions. This difference is significant in terms of resourcing required to address every one of them. Additionally, some of the processes are very labour intensive and detailed such as the mapping work required for the new LEP. Notwithstanding the dynamic and sometimes unpredictable nature of this work, Attachment 1 attempts to capture a reasonable estimate of resources required to complete every one of these projects.

6. On the basis of the existing resourcing within the Land Use team, there are 297 equivalent person weeks per annum to complete projects and work.

7. The attached list demonstrates that there is a requirement to resource approximately 323 weeks worth of projects in the next 12 month period based on our best estimates of the work required for each project. The black line after point 14 is an indication that this will be the limit of work that can potentially be completed and or commenced in the in the following 12 months. Projects below the line will not be commenced in the next 12 month period.

8. The list at Attachment 1 recommends that the projects above the thick line be pursued in the next 12 month period and the projects below the line be prioritised in the following 12 month period. It should be noted that the projects nominated will already represent a significant stretch for the next 12 months given existing resources.

9. Council may wish to provide direction about priorities of projects if it wishes to move projects into the next 12 month programme.

Marcelo Occhiuzzi Sue Stewart

Manager, Land Use, Senior Project Officer

Transport and Urban Design Land Use Planning

Attachments:

1View

Project List for Land Use Team as at February 2010

3 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 9.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.4

SUBJECT Proposed Transfer of Various Parcels of Land from Department of Planning to Council

REFERENCE F2008/04580 - D01438027

REPORT OF Property Program Manager

PURPOSE:

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

RECOMMENDATION

(a) That following the finalisation of the deed Council accept the transfer in fee simple of lot 1, DP 986628, from the Department of Planning on the terms and conditions as outlined in this report and the report to Council`s meeting of 28 September 2009.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to complete all relevant documentation under the seal of Council.

BACKGROUND

1. Council has previously resolved to accept the transfer of twelve parcels of land in the Guildford area in fee simple from the Department of Planning subject to a number of conditions. The Department has agreed to vary some of the previously reported conditions in respect of one the parcels having regard to the proposed use of part of that parcel being lot 1 DP 986628. This lot forms part of Woodville Golf Course and it is proposed to lease a small part of this lot for the purpose of establishing a water recycling reservoir as part of Sydney Water’s Water Recycling Project.

2. The conditions of transfer previously agreed to by Council include the need to classify this lot as community land under the Local Government Act. For reasons outlined in this report the land would be better classified as operational and this report seeks Council’s endorsement of this proposal.

ISSUES/OPTIONS/CONSEQUENCES

3. Council last considered this matter at its meeting of 28 September 2009 when it resolved:

“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 Department of Planning and that all relevant documentation be completed under the seal of Council.”

4. The subject parcel, lot 1 DP 986628, was included in the list of parcels proposed for transfer.

5. As stated in the above-mentioned report 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. These restrictions impose conditions on the classification and use of the land and future disposal of the parcels with a view to ensuring their continued use for recreation purposes. The main restrictions are that:

a) the parcel be used for recreational purposes (the subject parcel is part of the Woodville Golf Course)

b) no less than 90% remain as open space (this condition is able to be complied with)

c) the land be classified as community land under Sections 25 and 26 of the Local Government Act (this condition is the subject of this report)

6. As Council would be aware from previous reports part of the subject site has been selected for the establishment of one of a number of networked water storage reservoirs as part of Sydney Water’s Water Recycling Project, the others being at Fairfield and Rosehill. The Minister for Planning has issued development consent under Part 3A of the Environmental Planning and Assessment Act 1979 for the project which includes the use of the subject land for a reservoir and negotiations have been underway for some time for a 21 year lease of the parcel to AquaNet Sydney Pty Ltd (Alinta), the successful tenders to Sydney Water.

7. There is an anomaly created by the requirement for the land to be classified as community under the Local Government Act 1993 and Department of Planning has recognised this in respect of this and apparently in respect of some other councils and, accordingly, has amended the standard transfer conditions so that the transfer can be on an operational classification basis to facilitate the granting of the lease which otherwise would have needed to progress through a tender process for which the only tender most likely would have been Jemena on behalf of AquaNet.

8. Attachment 1 shows the location of the subject parcel. The amendments to the previously proposed transfer document received from the Department in respect of the subject and the other lots can be seen at Attachment 2. The letter from the Department, outlining the standard transfer conditions, which was reported to Council last September, can be seen under the Culture and Leisure heading of the Meeting of 28 September 2009.

9. S34 of the Local Government Act provides that:

“(1) A council must give public notice of a proposed resolution to classify or reclassify public land.

(2) The public notice must include the terms of the proposed resolution and a description of the public land concerned.

(3) The public notice must specify a period of not less than 28 days during which submissions may be made to the council.”

9. A further report will need to be submitted to Council following the actual transfer of the parcel and publication of the notice under S34.

CONSULTATION & TIMING

10. Consultation has been undertaken with the Department of Planning, Council’s solicitor and the City Assets and Environment Unit.

FINANCIAL IMPLICATION FOR COUNCIL

11. The annual rent, still to be agreed, will provide an additional source of income.

Paul Burne

Property Program Manager

Attachments:

1View	Location Plan of Subject lot	1 Page
2View	Amended Conditions of Transfer	1 Page

REFERENCE MATERIAL

Report to Council’s Meeting of 28 September 2009 entitled “Proposed Transfer of Various Parcels of Land to Council” (Culture and Leisure)

Council 22 February 2010

Item 9.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.5

SUBJECT Proposed Easement over part of Ponds Creek/Subiaco Reserve Kariwarra Street Dundas

REFERENCE DA/208/2009 - D01434079

REPORT OF Property Program Manager

PURPOSE:

The report recommends Council to grant an easement for drainage purposes over the Council Ponds Creek Reserve (PK 47) at 14A Bennetts Road West Dundas for a proposed residential duplex development at 37 Kariwara Street Dundas

RECOMMENDATION

(a) That Council resolve to create an easement for drainage over the Council public reserve (Lot 21 DP 28964) in favour of the property at 37 Kariwara Street Dundas (Lot 15 DP 28964) on terms as stated in the report.

(b) Further, that that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for creation of the easement.

BACKGROUND

1. A Deferred Commencement Consent (DA/208/2009) for the subject residential duplex development has been granted by the Council subject to, among others, the creation of an easement over the Council public reserve (Lot 21 DP 28964) for drainage purposes as shown below:

“Submission to Council of suitable documentary evidence that indicates the creation of an easement to drain water 1.0 metres wide over the downstream property (Lot 21 DP 28964) connecting into existing Council’s drainage system has been registered with the NSW Department of Lands, in favour of the subject property (Lot 15 DP 28964).”

2. For information the land for the subject property falls from the road, which prevents normal discharge of stormwater to Kariwara Street. There is a Council storm water pipe running through the adjoining Council reserve at 14A Bennetts Road West Dundas and a connection to this Council pipe for the subject residential development for drainage purpose is the only practical solution.

3. For reference, a location plan is at Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

4. The subject portion of Subiaco Reserve was the subject of a report to Council`s Meeting of 23 November 2009 when Council resolved that action be taken to have the title transferred into its name.

5. This Council reserve is zoned Public Open Space 6(a), classified community and subject to a Plan of Management for Natural Areas adopted by the Council on 23 October 2006. In accordance with the Local Government Act 1993, Section 46 (1) (a1), Council may consent to the drainage easement over community land subject to the drainage pipe being laid under the surface of the ground for connection to a facility of the council or other public utility provider.

6. A drainage easement approximately 20 m long and 1 m wide has been proposed. The total area required for the easement is 20 square metres.

7 The Council’s valuation consultants, BEM Property Consultants & Valuers have provided Council an assessment of compensation for granting the easement. For reference, a summary of the valuation report is at Attachment 2. The owner has agreed to the compensation payment, as recommended in the valuation report.

8 In addition, the owner has also agreed to reimburse Council’s costs including survey, legal and valuation fees in granting the easement.

CONSULTATION & TIMING

9 Consultation has been had with Council`s Development Services Unit, Council`s valuer and solicitor.

FINANCIAL IMPLICATION FOR COUNCIL

10. Council will receive compensation for the easement as outlined in the report.

Kwok Leung

Property Program Manager

Attachments:

1View	Location Plan	1 Page
2	Summary of Valuation (Confidential)	2 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 9.6

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.6

SUBJECT Proposed Acquisition of Part Lot 219 DP234686 - 25 Goliath Street, Winston Hills

REFERENCE F2007/00985 - D01437775

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to recommend the acquisition of part of the subject property in order to provide better and less intrusive pedestrian access into Council’s Reserve.

RECOMMENDATION

(a) That action be taken to acquire that part of lot 219 DP 234686 as shown on the plan at Attachment 2 and on terms as outlined in paragraph 10 of this report.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under the seal of Council all documents including the deed of agreement, contract and transfer if required, and linen plan and other relevant documentation.

BACKGROUND

1. Council’s Capital Projects Team has been undertaking the Winston Hills component of the local Bicycle Facilities Program. In addition the owner of the subject property has complained to Council that members of the public accessing the adjoining Council Reserve use the corner of her property as a short cut thus causing damage to her landscaping. The acquisition of the corner portion of the subject property would achieve firstly, a safer access to the Reserve and secondly, enable the construction of the path/cycleway which would guide pedestrians and cyclists past the subject property without damaging the subject property. The owner has indicated her willingness to sell.

ISSUES/OPTIONS/CONSEQUENCES

2. A plan of the cycleway route and location of the subject property can be seen at Attachment 1. A more detailed plan of the part of the subject property to be acquired can be seen at Attachment 2.

3. As stated above pedestrians have been crossing this corner to gain access to Palestine Reserve. This has caused damage to the property owner’s garden beds and landscaping although has been exacerbated by construction works being undertaken by Sydney Water in the immediate vicinity.

4. The newly constructed cycleway immediately adjoining the subject property runs through the Reserve and continues through a Council owned access way to Oakes Road.

CONSULTATION & TIMING

5. Several design options were considered about how best to address the problems being experienced by the owner which resulted in variations to the quantum of land being considered for acquisition. The valuation was sought for these options.

6. Negotiations were held with the owner of the subject property about the acquisition of the corner portion of the property totalling about 15.9 square metres and an agreement reached subject to Council resolution.

7. The acquisition process has been complicated by Sydney Water’s sewer recycling pipeline project the result of which has seen the pipeline installed within the south western corner of subject property and through Palestine Reserve. Sydney Water will be approaching Council later this year about the easements required over a number of Council’s properties in conjunction with its project following which a further report will need to be submitted to Council.

8. The instructions for the valuation were given in the absence of any knowledge about the affectation of the Sydney Water pipeline on the subject property and, in particular the area to be acquired. Upon enquiries to Sydney Water it was found that the property was affected to a minor degree and the consideration was again given to the valuation received.

9. As it was considered that the presence of a pipeline on that part of the property to be acquired could have some effect on its value, advice was sought from Council’s Panel Valuer, BEM Property who advise that in their opinion the offer should not be varied due to the following:

a. The land to be acquired is located at the front of the property and is entirely within the building setback line from the front boundary. Therefore, this land could not be build upon, so that the existence of a pipeline under the ground in this location would not have any detrimental affect on the ability to build on the land. It could well be argued by the owner`s Valuer that the land has not been further diminished in value as a result of the construction of the pipe.

b. Other reasons as outlined in the Valuer`s letter dated 19 January 2010 appended as Attachment 4 and forwarded to Councillors under separate cover.

10. Acquisition details as negotiated are:

Acquisition price – as per Valuation

Council to be responsible for;

Disturbance costs under the Land Acquisition (Just Terms Compensation) Act 1991,

Restoration of boundary landscaping,

Preparation of plan and payment of plan registration fees.

11. The executive summary of the valuation can be seen at Attachment 3.

12. Consultation has been had with Council’s City Operations Unit, the City Assets and Environment Unit, Council’s consultant Valuer and Sydney Water.

FINANCIAL IMPLICATION FOR COUNCIL

13. The proposed acquisition can be funded from the cycleway project.

Paul Burne

Property Program Manager

Attachments:

1View	Cycleway Map - Toongabbie/Winston Hills/Old Toongabbie	1 Page
2View	Part of 25 Goliath Avenue to be Acquired	1 Page
3	Extract from Valuation - Executive Summary - under separate cover	2 Pages
4	Valuer`s letter dated 19 January 2010	2 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 9.7

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.7

SUBJECT Proposed Grant of Easement for Drainage over Part of Drainage Reserve Briens Road Northmead

REFERENCE DA/852/2007 - D01416058

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to recommend that Council grant an easement across part of Toongabbie Creek Reserve being lot 3 DP 533771 Briens Road Northmead in order to meet a deferred commencement condition concerning drainage for a development proposed at 195 Briens Road Northmead.

RECOMMENDATION

(a) That Council agree to grant an easement for drainage over part lot 3 DP 533771 in favour of lot 44 DP 1041964 on the following basis:

i) the easement, 5.1 metres wide and variable, to be as shown on plan at Attachment 2,

ii) other conditions as outlined in paragraph 5 of this report.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to complete all documents including the deed of agreement, linen plan, S88B instrument and transfer granting easement together with any other necessary supporting documentation under the seal of Council.

BACKGROUND

1. The applicant has development consent for the redevelopment of the subject site with the construction of 13 industrial units at 195 Briens Road Northmead. The current site drains into Toongabbie Creek but enjoys no drainage easement. The new development provides Council with the opportunity to grant a formal easement plus gain and an environmentally sensitive drainage design and this has been negotiated with the applicant on the terms set out in this report.

ISSUES/OPTIONS/CONSEQUENCES

2. The consent has deferred commencement conditions which require the applicant, amongst other things, to provide amended stormwater concept plans for approval by Council’s Catchment Management Engineer addressing a number of issues as well as to execute a suitable deed of agreement for the construction of drainage infrastructure within the drainage reserve and the creation of the required drainage easement.

3. A general location plan of the development property and the Toongabbie Creek Reserve can be seen at Attachment 1 and easement details can be seen at Attachment 2.

4. FC Carrapetta and Associates, Valuers, being a member of Council`s valuation panel, has advised of suitable compensation for the granting of the easement as can be seen at Attachment 3 separately issued to Councillors.

5. Negotiations have taken place and, subject to Council`s resolution, agreement has been reached and include the following:

i) the entering into of a suitable deed between the developer and Council pursuant to the development consent,

ii) the developer to pay Council`s legal costs in relation to the preparation of the deed,

iii) the developer to pay the compensation in accordance with the valuation as advised by Council`s Valuer for the easement,

iv) the developer to pay valuation fee, plan and S88B preparation costs and plan lodgement fees.

6. The recommendation has been framed accordingly.

CONSULTATION & TIMING

7. Consultation that has taken place with Council`s Catchment Management and Development Units and Council`s solicitor and valuer.

FINANCIAL IMPLICATION FOR COUNCIL

8. Council will benefit by the payment to it of the compensation.

Paul Burne

Property Program Manager

Attachments:

1View	Location Plan	1 Page
2View	Plan of Easement	1 Page
3	Extract from Valuation - separately issued	2 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 10.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.1

SUBJECT Promoting Solar Energy in the Parramatta Local Government Area

REFERENCE F2008/00547 - D01440145

REPORT OF Manager Environmental Outcomes

PURPOSE:

To advise Council of strategies that may be employed to create incentives to promote greater solar energy use in the Parramatta Local Government Area, as requested by Councillor A Issa through Minute of the Lord Mayor at Council’s meeting on 24 August 2009.

RECOMMENDATION

(a) That Council note its existing promotional and educational strategies regarding sustainable energy use across the LGA, including demonstration of solar initiatives on Council assets to date, as consistent with currently approved policies.

(b) Further that Council investigate a number of new incentives including: an awards/recognition program; an annual ‘Solar house Open Day’; negotiation of special deals with suppliers of solar systems for residents; and Solar Power Purchasing Agreements (PPA’s) which allow customers to purchase a solar power system without the upfront cost of the system or installation.

BACKGROUND

1. A solar energy system uses photovoltaic panels (PV) to convert sunlight into electricity. The PV panels that are installed on the roof area of a building can be either connected to the mains electricity grid or set up as a standalone system. By using the PV panels to generate energy for the building, one reduces energy bills and greenhouse gas emissions.

2. Council’s existing promotional strategies to educate the community with regard to sustainable energy use are primarily guided by Council’s Climate Action Plan (CAP) (2007). Through implementing the CAP, Council has successfully distributed solar hot water system and rainwater tank information packs, with an aim to encourage residents to install these systems on their properties to reduce greenhouse gas emissions and potable water use respectively.

3. Council staff have taken a two-pronged approach to reducing energy and water across the Local Government Area: (i) Demonstration of technology applied to Council’s own assets eg. Child care centre retrofits; and (ii) Promotion and education of community in terms of cost/benefits, planning controls and Government incentives eg. solar and tank packs. This report proposes that Council take a third approach involving incentives for residents, schools and businesses to employ greater alternate energy use, particularly solar energy.

ISSUES/OPTIONS/CONSEQUENCES

4. Council’s recently adopted Corporate Environmental Objectives and Targets dated November 2009, provides direction for Council to reduce greenhouse gas emissions, energy consumption and utilise more renewable energy. Under Council’s Climate Action Plan budget, staff have established key demonstration sites at Jubilee Child Care Centre (solar hot water system) and Dundas Childcare Centre (a 2Kw solar energy system). These systems will be closely monitored to demonstrate cost/benefits and the associated operation and maintenance requirements to the community. Council staff have also recently submitted a grant application for the purchase and installation of solar energy systems at the Riverside Theatre, all branch libraries across the LGA and at Granville Youth and Community Centre.

5. Promotion and education is extremely important to enable increased consideration and use of solar technology. Promotion and education will be delivered through Council’s Education for Environmental Sustainability Plan which is currently in draft form and will come to Council for public exhibition in March 2010. The Plan will incorporate strategies to distribute information via new Sustainability Information Packs, rates flyers, Community News editions and Council’s website. The material will contain information relating to indicative costs and savings, latest technological advances and Government (Federal and State) rebates and incentives (eg. free home/business energy assessments and Green Loans up to $10,000 interest free over 4 years). It should also be noted that from January 1^st 2010, the NSW State Government ‘Solar Bonus Scheme’ (available to December 2016) currently credits eligible participating customers (with an annual electricity consumption of up to 160 megawatt hours) with a "gross" feed-in tariff rate of 60 cents per kilowatt hour for all the electricity that their eligible PV system or wind turbine generates. The amount a household or small business receives under the Scheme will depend on the size of their PV system and the amount of sunlight, however it is estimated that a typical 1.5kW PV system that generates 2500 kWh would gain a credit of around $1500 per year.

6. In order to increase community uptake of solar energy use across the Local Government Area, Council staff are proposing a number of new incentives including: an awards/recognition program involving publicity and prizes; regular feedback to the community on the performance of Council’s demonstration sites including guided tours of the facilities; promoting an annual ‘Solar house Open Day’ with interested residents, schools and businesses that have these systems already in place; investigate whether special deals can be negotiated with selected suppliers for supply and installation of solar systems (similar to our existing arrangement with Rheem Australia for solar hot water systems); and finally, to investigate the idea of Solar Power Purchasing Agreements (PPA’s) which allow customers to purchase a solar power system without the upfront cost of the system or installation. Barcoo Shire Council in Queensland has already signed up to such an agreement.

CONSULTATION & TIMING

7. Relevant officers from Council’s Strategy, Strategic Asset Management and Environment and Assets Units have had input into the development of Council’s draft Education for Environmental Sustainability Plan.

FINANCIAL IMPLICATION FOR COUNCIL

8. All promotional and educational material regarding Council’s environmental sustainability initiatives including solar energy systems will be funded through Council’s annual Climate Action Plan budget.

Anthony Collins

Manager Environmental Outcomes

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 22 February 2010

Item 10.2

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.2

SUBJECT Parramatta Cycleway Advisory Committee

REFERENCE F2004/07952 - D01445378

REPORT OF Project Officer

PURPOSE:

To inform Council of the Minutes of the last Parramatta Cycleway Advisory Committee meeting held on the 24 November 2009.

RECOMMENDATION

That Council receives and notes the minutes of the Parramatta Cycleway Advisory Committee of 24 November 2009.

BACKGROUND

1. Parramatta City Council’s Cycleway Advisory Committee meets every second month. The Committee currently comprises ten members representing various cycling interests.

2. The Committee met on the 24 November 2009. See (Attachment 1) for a copy of the minutes.

MAIN DISCUSSION POINTS

3. The Committee elected John Holstein as the Committee Chair and Ian Macindoe as Deputy Chair for 12 months.

4. The Committee Members were given a briefing on the status of the cycle projects being delivered under the 2009/10 capital works program (Attachment 2). This includes the 5 Federally funded projects (Attachment 3) as part of the Commonwealth Government’s Jobs Fund.

Myfanwy Lawrence

Project Officer, Transport Planning

Land Use & Transport Planning

Attachments:

1View	Minutes of the Parramatta Cycleways Committee 24 November 2009	5 Pages
2View	Maps of 2009/10 Cycle Projects	2 Pages
3View	Grant Funded Cycle Projects	2 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 10.3

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.3

SUBJECT Eastwood & Terry's Creek Floodplain Risk Management Study and Plan

REFERENCE F2004/06096 - D01448249

REPORT OF Manager Environmental Outcomes

PURPOSE:

To notify Council that the Eastwood & Terry’s Creek Floodplain Risk Management Study and Plan has been completed.

RECOMMENDATION

That the Eastwood & Terry’s Creek Floodplain Risk Management Study and Plan be adopted by Council.

BACKGROUND

1. The Eastwood & Terry’s Creek Floodplain Risk Management Study & Plan focuses on the Eastwood and Terry’s Creek stormwater drainage catchments (the study area). These have a combined area of approximately 495 hectares (4.95 square kilometres). Parramatta City Council only has a small portion of the upper catchment that drains into Terry’s Creek. This covers parts of Epping and Eastwood bounded by Marsden Road (west), Blaxland Road (east), Terry Road (south) and Carlingford Road (north). Most of the rest of the catchment is in the City of Ryde Council area.

2. In accordance with the Parramatta City Council resolution of 15^th December 2008 (item 11.2), the draft Eastwood & Terry’s Creek Floodplain Risk Management Study and Plan was publicly exhibited at Council libraries and on Council’s website for 28 days in February 2009.

3. No submissions were received from Parramatta City Council residents as a result of this public exhibition, with 20 submissions being received by the City of Ryde from their residents.

4. The preparation of the Study and Plan was coordinated by the City of Ryde with inputs from Parramatta and Hornsby Shire Councils. A Committee was formed which included Councillors and staff from the three councils as well as the Department of Environment, Climate Change and Water (DECCW), Sydney Water Corporation and the State Emergency Service (SES). A number of community representatives were also represented on the committee. All actions were undertaken in accordance with the processes outlined in the NSW Government’s Floodplain Development Manual, gazetted in April 2005.

5. The Plan describes various possible infrastructure based options for managing flood risks in the catchment.

6. Other recommended, non-infrastructure options include planning / development controls, improved local flood plans and improved public awareness.

ISSUES/OPTIONS/CONSEQUENCES

7. The recommended infrastructure options are summarised in the Table below.

Summary of Recommended Flood Mitigation Options

Option No.	Description of Mitigation Measure	Approx. Cost $	Benefit Cost Ratio
1	Detention basin, Mobbs Lane, Epping, in the Parramatta LGA	$850,000	>1.0
2	Debris control structures, Railway Avenue, Eastwood, in the Ryde LGA	$55,000	>1.0
3	Multiple drainage improvements around Eastwood, in the Ryde LGA	$13,375,000	Variable, depends on project

8. From the table, it can be seen that only one of the preferred mitigation options is located within Parramatta City Council’s boundaries – construction of a detention basin at Mobb’s Lane Reserve, off Mobbs Lane, Epping.

9. This option was also recommended by Council’s own consultants in 2005, in conjunction with a culvert upgrade at Terrys Road as it would reduce flooding risks for some properties within the Parramatta LGA.

10. Further studies are now required to determine the projects feasibility in terms of the optimal storage volume (and cost) for the basin in terms of both site constraints and hydraulic performance. Construction of the basin would also have to involve cost sharing arrangements between Ryde and Parramatta Councils, and the Department of Environment, Climate Change and Water.

11. Council staff are also in discussion with the consultants involved in the Mobbs Lane, Epping development of the former Channel 7 site (which is located alongside Terry’s Creek). There may be a possibility to incorporate flood detention capacity within the planned urban water management system for the site.

CONSULTATION

12. This Plan has been developed in consultation with management and staff within Councils City Assets and Environment and Land Use and Transport Planning Units

Paul Hackney

Senior Project Officer – Waterways Strategy

Attachments:

Eastwood & Terry’s Creek Floodplain Risk Management Study & Plan (document being sent under seperate cover).

128 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 11.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.1

SUBJECT Access Advisory Committee Minutes 15 December 2009

REFERENCE F2005/01944 - D01443857

REPORT OF Acting Service Manager Community Capacity Building Team

PURPOSE:

The Access Advisory Committee met on 15 December 2009. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATIONS

(a) That the minutes of the Access Advisory Committee meeting on 15 December 2009 (Attachment 1) are received and noted.

(b) That Council write to Parramatta Westfield on behalf of the Access Committee in relation to:-

(i) The carpets on Levels 3 and 4 restrict access, especially for manual wheelchairs and should comply with the industry standards in regard to underlay and pile length.

(ii) The noise levels in Parramatta Westfield should comply to industry standards and that measures should be taken to dampen noise.

(c) That Council write to CityRail on behalf of the Access Committee recommending that CityRail look at incorporating automatic ramps, suitable for all platforms into future train designs.

(d) Further, 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 with new members present in accordance with the Council Resolution of 28 September 2009 to accept new member recommendations for the Access Committee.

MAIN DISCUSSION POINTS

The main issues discussed at this meeting are outlined below.

2. The Committee elected new office bearer positions. The new Chairperson for 2010 is Mr John Moxon and the new Deputy Chairperson for 2010 is Ms. Debbie Manuel.

3. The Committee was advised that Council had attempted to contact two former members, Phillip Cornwall and David Powell, as part of the EOI process but had received no correspondence in return.

4. The Committee was congratulated on its involvement in the planning for International Day of People with Disability 2009. The event was widely successful for both service providers and the public. An evaluation meeting took place on Thursday 10 December 2009.

5. The Committee was informed that Council had sought information from Westfield Centre Management about the use of carpet in some areas which impedes wheelchair access. The Committee requested that Council write and seek comment from Westfield Centre Management.

6. The Committee discussed access to trains at Parramatta Station and that automatic access ramps to trains across the CityRail network has been an ongoing issue for many years. The Committee resolved to ask that Council write and request that automatic access ramps be installed in trains across the network.

7. The Committee discussed access to travel concession cards for public transport and taxis. It was explained that travel passes and taxi vouchers are available.

8. A new member of the Committee raised the matter of a letter sent to Tony Stewart MP requesting upgrades to Lidcombe and Yagoona train stations. Mr Stewart’s response was tabled and it was explained to the Committee member that the PCC Access Committee can only act and advocate on access issues which pertain to the Parramatta LGA.

9. Concerns were raised about the intersection at the corner of Harris and Crown Streets, Harris Park. Specifically that it is very busy and there is a retirement village close by and plenty of other pedestrian activity. The Committee, with Council officers undertook to investigate whether there is sufficient means by which to cross safely at the intersection.

10. The second draft of Council’s Review of Public Domain Details for Disability Access was tabled. There were comments that the technical details and drawings make it difficult for some members to comment on the document. Copies will be distributed to all Committee members.

11. A “Communicating with the Hearing Impaired” sheet was tabled for distribution. Copies will be distributed to all Committee members.

12. Correspondence, including an arts access plan for Parramatta, from Arts and Disability NSW was tabled for comment. Copies will be distributed to all Committee members.

13. The issue of some footpaths in the LGA impeding wheelchair access was raised. The Committee discussed that the new Review of Public Domain Details for Disability Access should address this issue in future.

14. The Committee discussed that Disability Parking Permit application forms can be provided by a local GP.

15. The Committee discussed access to disability parking in Westfield Shopping Centre. It was explained that there are disability parking spaces in the Centre car park and that an extended parking permit is available from Westfield Shopping Centre if one produces their RTA - issued permit.

16. The 2010 Committee meeting dates were tentatively set. These will be confirmed when the dates are checked and the room has been booked for the year by Council Support Officers.

17. The investigation of availability of evacuation chairs in the Chambers Building was discussed in the event there was a fire in the building and the lifts could not be used.

FINANCIAL IMPLICATION FOR COUNCIL

18. There are no financial implications to Council.

Attachments:

1View

Access Advisory Committee Minutes 15 December 2009

5 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 11.2

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.2

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting November 24th 2009

REFERENCE F2005/01941 - D01444018

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 24^th November 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 24^th November 2009 be received and noted.

(b) That Council note that the Committee would like to see the introduction of a Conservation Order on Lake Parramatta.

(c) That in view of reports of temperatures in cells in Parramatta Correctional Facility over the weekend of 21 and 22 November 2009, reaching 58 degrees, Council seek an urgent Workcover inspection of the facility and seek the support of the State and Federal Members of Parramatta and Granville in relation to this matter.

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

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 24 November 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. Committee facilitator:

Committee members were introduced to the newly engaged Committee facilitator, Robin Bradfield of Axis People Development.

5. Election of Chairperson and Deputy Chairperson

(a) The Committee was advised that, this being the first meeting of the newly established Aboriginal and Torres Strait Islander Advisory Committee, members needed to elect a Chairperson and deputy Chairperson.

(b) Committee member, Mr Doug Desjardines advised members that Committee member Mr. John Roberston had requested (on November 9 2009), that Council reconsider the Committee’s Terms of Reference and re-establish the Executive Committee (Attachment 2)

(c) As neither the Lord Mayor nor Council were likely to respond to this request until February 2010, the Committee agreed with the proposal that the previous Committee’s Chairperson, Bruce Gale and Deputy Chairperson, Gilson Saunders, continue in these roles pending a response from Council. The Committee recommended to Council that they accept this proposal.

(d) Chairperson, Bruce Gale gave a brief background on the rationale for the formation of the Executive Committee including its role in dealing with sensitive issues for Aboriginal people such as Land Rights.

6. Indigenous Employees at Council

(a) The Committee was provided with information from Council’s Human Resources Team regarding the employment of Indigenous people at Council: Local Government and Shires Association, Department of Local Government, the NSW Anti Discrimination Board and Premiers Department had all confirmed that there was no longer a legal requirement that 2% percentage of Council’s workforce be Indigenous people, rather that this be a percentage that Council should aspire to.

(b) Some members of the Committee disagreed with this information, stating that there was still a legal requirement that Council employ a percentage of Indigenous people.

(c) The Committee recommended that the exact wording of the legislative requirements for the employment of Indigenous people be provided to it along with the total staff figures for Parramatta City Council. The Committee also recommended that once appointed, the Manager Human Resources be invited to attend a Committee Meeting to discuss the issues.

Officer’s Comment:

Neither the Local Government Act 1993 nor the Anti Discrimination Act 1977, contain any reference to a minimum percentage of Indigenous’ employees that Councils are required to meet. However both acts do stipulate that Council’s must prepare an Equal Employment Management Plan that will include ‘the setting of goals or targets, where these may reasonably be determined, against which the success of the plan in achieving the objects of this Part may be assessed’.

It is noted that Council’s Equal Employment Opportunity Plans have been incorporated into its Management Plan and Annual Report.

It was reported to the Committee on 24 November 2009, that a Working Group has been established within Council to develop an Aboriginal Employment Strategy and this will be incorporated into its Equal Employment Opportunity Plan. This Strategy will include stated goals and targets as required.

Relevant extracts from the Local Government Act 1993 and the Anti Discrimination Act 1977 regarding the employment of Indigenous people

will be distributed to Committee members at their meeting on 23February 2010.

The Manager Human Resources had agreed to attend the Committee’s meeting of 23 February 2010 however, this Council Officer has recently resigned. When appointed, the new Manager Human Resources will be invited to attend a Committee meeting.

7. NAIDOC 2009 posters and Railcorp

(a) The Committee was advised that Council’s Manager Events had written to Railcorp asking for an explanation as to why they determined not to display NAIDOC 2009 posters but that no reply had been received.

(b) The Committee recommended that if a reply had not been received by 23 February 2010, the issue be pursued with the relevant Minister.

Officer’s comment:

To date (9 February 2010) no reply has been received. A letter will be prepared after 23 February 2010 if no reply has been received.

8. Local Government and Aboriginal Network Conference

The Committee was informed that Council’s internal working group had met with three events/conference organisers and was awaiting final quotations. The Committee would be informed of the successful consultant early in 2010.

9. Lake Parramatta

(a) The Committee discussed correspondence received by member Doug Desjardines from State Member for Parramatta, the Honourable Julie Owens regarding a petition to stop Lake Parramatta from being over developed.

(b) The Committee was informed that significantly less development of Lake Parramatta was planned that had been reported in the media.

(c) The Committee expressed their concern at the development of Lake Parramatta and recommended that Council note their desire for a Conservation Order to be placed on the Lake.

(d) The Committee recommended that Council ascertain whether there are any government funds that could be accessed to assist in the protection of Lake Parramatta.

10. Council’s Indigenous Dance Culture and Hip Hop Project for Indigenous children

Committee members reported that Council’s Indigenous Dance Culture and Hip Hop Project for Indigenous children (held between July and November 2009) was greatly appreciated and was a credit to Council. A recommendation was prepared thanking Council’s Community Capacity Building Team for event.

11. Social Justice and Parramatta Correctional Centre

(a) Committee members discussed reports that cells at Parramatta Correctional facility had reached temperatures of 58 degrees over the weekend of 21 and 22 November 2009 and that these conditions were inhumane.

(b) The Committee recommended to Council that it seek an urgent Workcover inspection of the facility and that it seek the support of the State and Federal Members of Parramatta and Granville in relation to this matter.

(c) The Committee recognised that its recommendations to Council could not be considered before February 2010. Given the urgency of the matter and the fact that hot weather would continue until February 2010, the Committee prepared an additional recommendation referring the matter to the Lord Mayor for action.

Officer’s comment:

A letter from the Lord Mayor to Parramatta Correctional Facility expressing the Lord Mayor’s concern of the reported conditions was sent.

FINANCIAL IMPLICATION FOR COUNCIL

12. There are no financial implications for Council.

Maggie Kyle

Community Capacity Building Officer

Attachments:

1View	Minutes Aboriginal and Torres Strait Islander Advisory Committee meeting 24 November 2009	4 Pages
2View	Council meeting 11089 Questions	3 Pages

Council 22 February 2010

Item 11.3

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.3

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Executive Membership

REFERENCE F2005/01941 - D01450344

REPORT OF Community Capacity Building Officer

PURPOSE:

Council has been asked by a member of its Aboriginal and Torres Strait Islander Advisory Committee, to modify the Committee’s Terms of Reference to re-instate the Executive Committee. This report provides information to support Council’s deliberations.

RECOMMENDATION

(a) That the Terms of Reference for the Aboriginal and Torres Strait Island Advisory Committee be amended to recognise all Indigenous members of the Committee as Executive Members.

(b) That the role of Executive Members is to discuss culturally sensitive issues relating to local Aboriginal and Torres Strait Islanders.

BACKGROUND

1. At its meeting of 22^nd June 2009, Council accepted the Terms of Reference for its Advisory Committees including the Aboriginal and Torres Strait Islander Advisory Committee. As a result of a review of Council’s Advisory Committee Terms of Reference a number of changes were made including those of the Aboriginal and Torres Strait Islander Advisory Committee.

2. The changes to the Aboriginal and Torres Strait Islander Advisory Committee’s Terms of Reference included removing the Executive tier of membership.

3. Aboriginal and Torres Strait Islander Committee Member, John Robertson, during the Public Forum portion of the 9 November 2009 Council Meeting, asked Council to consider amending the Aboriginal and Torres Strait Islander Advisory Committee Terms of Reference.

4. The proposed amendments were to revert to the Terms of Reference in place prior to 22June 2009:

(a) To establish an Executive Committee within the Advisory Committee which would consist of 7 Indigenous members elected from the Committee.

(b) To define the role of the Executive Committee as enabling Indigenous members to discuss sensitive issues relating to Indigenous people in the local area and to resolve matters relating to the behaviour of any member that causes concern.

ISSUES

5. The changes made last year to the Aboriginal and Torres Strait Islander Advisory Committee Terms of Reference are consistent with best practice guidelines for Aboriginal and Torres Strait Islander Advisory Committees as described by the Local Government and Shires Association of NSW and Department of Local Government. They are also consistent with those member Council’s of Western Sydney Region of Council’s (WSROC) that have Aboriginal Advisory Committees.

6. Changes to the Aboriginal and Torres Strait Islander Advisory Committee’s Terms of Reference are based on the current policy document: Engaging with local Aboriginal communities: A Resource Kit for Local Government in New South Wales 2007, written by the Local Government and Shires Association of NSW (LGSA) and Department of Local Government (DLG).

Contact with the Aboriginal Liaison Officer (LGSA) and Senior Policy Officer (DLG) in January and again in November 2009, confirms that this policy document is still current. Input in the development of this policy document was received from the Aboriginal Advisory Committees of the following Councils: Lake Macquarie, Bega Valley, Newcastle, Kempsey, Shoalhaven, Port Stevens, Holroyd, Dubbo, Campbelltown, Wagga Wagga and Richmond Valley. Additional input was received from the Departments of Aboriginal Affairs, Environment and Climate Change and Planning and the Councils of Armidale-Dumaresq, Marrickville and Rockdale.

7. The document includes a section specifically on Aboriginal Advisory Committees including recommendations regarding the structure of these Committees. Whilst some recommendations are inconsistent with Council’s approach to Advisory Committees e.g. that they should be established by Council resolution under section 355 of the Local Government Act 1993 and that the chairperson should be a Council representative, others are consistent with Council’s approach e.g. that membership should include Aboriginal and non Aboriginal leaders who have an interest in and commitment to Aboriginal issues. The document is clear that there is no tiered membership i.e. there is no concept of ‘Executive membership’.

8. Historically, there have been a number of difficulties associated with Council’s Aboriginal and Torres Strait Islander Executive Committee including a lack of clarity regarding the process for discussing sensitive issues. The Executive Committee consisted of some, but not all, Indigenous members of the Committee and therefore not all Indigenous members had equal opportunities to engage in discussions and decision making regarding their concerns. Difficulties for some members of the Executive Committee in attending meetings has also created a gender imbalance and meant that in practice active membership has often been limited to only 3 or 4 members.

9. It is recognized by both Indigenous and non Indigenous members of Council’s Aboriginal and Torres Strait Islander Advisory Committee that from time to time a culturally sensitive issue will arise that indicates discussion and deliberations by Indigenous people only is required to ensure respectful and informed decision making of the matter by the whole Committee.

10. In light of the preference for an Executive Committee that some members have expressed and relevant policy guildelines, it is recommended that Council re-establishes an Executive Committee of the Aboriginal and Torres Strait Island Advisory Committee and that Executive Membership is automatically afforded to all Indigenous Committee members.

11. Both the current Chairperson of Council’s Aboriginal and Torres Strait Islander Advisory Committee, Mr Bruce Gale, and the member who addressed Council, Mr John Robertson have been consulted and indicated support for establishing an Executive Committee inclusive of all Indigenous Committee members. The next meeting of the Committee will be held on 23 February 2010.

12. All members of Council’s Advisory Committees will continue to be responsible for participating in a manner consistent with the role and responsibility of members as stipulated in Council’s Code of Conduct and other related policies.

FINANCIAL IMPLICATION FOR COUNCIL

13. There are no financial implications to Council.

Maggie Kyle

Community Capacity Building Officer

Attachments:

There are no attachments for this report.

Council 22 February 2010

Item 12.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.1

SUBJECT Investments Report for December 2009

REFERENCE F2009/00971 - D01437129

REPORT OF Acting Manager Finance

PURPOSE:

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

RECOMMENDATION

That Council receives and notes the investments report for December 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 $87.2 Million as at 31st December 2009. (Previous month $85.7 Million) The weighted average portfolio held for December 2009 was $87.9 Million (Previous month $84.9 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	0.63%	7.44%
Funds Managers	0.99%	11.61%
Bank Bill Index	0.32%	3.87%

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 7.44% for the month of December for its total investment portfolio. The return recorded by Council exceeded the Bank Bill Index of 3.87%. Fund managers recorded an annualised rate of 11.61%. Council records all investments at current market value on a monthly basis.

7. Council’s outstanding return in comparison to the Bank Bill Index can mostly be attributed to the Managed Fund proportion of the portfolio. The CFS Global Fund represents approximately 9.7% of overall holdings and recorded an annualised return of 23.90% for December. Council also continued to hold term deposits ranging from 4.45% to 7.00%.

8. Council currently holds approximately $39M in term deposits which hold time line maturities from 90 days to 1 year.

9. 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

10. The Certificate of Investments for December 2009 is provided below:

Certificate of Investments

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

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

Trevor Brown

Acting Finance Manager

Attachments:

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

REFERENCE MATERIAL

Council 22 February 2010

Item 12.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.2

SUBJECT Investments Report for November 2009

REFERENCE F2009/00971 - D01427400

REPORT OF Acting Manager Finance

PURPOSE:

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

RECOMMENDATION

That Council receives and notes the investments report for November 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 $85.7 Million as at 30th November 2009. (Previous month $85.3 Million) The weighted average portfolio held for November 2009 was $84.9 Million (Previous month $87.1 million) (Refer attachment 1).

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 0.35% 4.26%

Funds Managers 0.26% 3.21%

Bank Bill Index 0.31% 3.76%

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 4.26% for the month of November for its total investment portfolio. The return recorded by Council exceeded the Bank Bill Index of 3.76%. Fund managers recorded an annualised rate of 3.21%. Council records all investments at current market value on a monthly basis

7. Council’s overall favourable return versus the Bank Bill Index can be attributed to fixed Term Deposit investments which are locked in at rates ranging from 4.22 to 7.00%.

8. Council currently holds approximately $39M in term deposits which hold time line maturities from 90 days to 1 year.

9. Managed Funds returns were somewhat affected by the performance of The CFS Global Credit Income Fund which had negative annualised returns of -2.97%. However, given the volatility of this fund, performance should only be analysed over longer time horizons of 6-12 months. FYTD for this fund is 6.21%.

10. 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

11. The Certificate of Investments for November 2009 is provided below:

Certificate of Investments

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

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

Trevor Brown

Acting Manager Finance

Attachments:

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

REFERENCE MATERIAL

Council 22 February 2010

Item 12.3

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.3

SUBJECT 2009/10 Management Plan - December 2009 Review

REFERENCE F2009/02352 - D01447074

REPORT OF Acting Manager Finance

PURPOSE:

To provide the December 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 December 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 Attachment 1.

BACKGROUND

1. The attached December 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 Review is presented under the new Four Pillars format adopted by Council.

· Environment & Infrastructure

· Community & Neighbourhoods

· Economy & Development

· Governance & Corporate

2. The Review details, at pages 46, the actual income and expenditure results for the year to December compared to the budget previously adopted by Council and revised forecasts for the full year. The Responsible Accounting Officer’s Report, on pages 4 of the Review, includes an analysis of the year to date result and the reasons for the major variances from the previously adopted budget.

3. The December 2009 Quarterly Review was considered at a workshop on 15 February 2009. Any proposals from the workshop will be incorporated as an addendum to this document to be considered at the Council meeting.

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.

Trevor Brown

Acting Manager Finance

Attachments:

December Quarterly Review 2009 - Hard copies provided

50 Pages

REFERENCE MATERIAL

Council 22 February 2010

Item 12.4

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.4

SUBJECT Report of the Finance Budget Committee 21 December 2009

REFERENCE F2009/03064 - D01447525

REPORT OF Acting Manager Finance

PURPOSE:

To provide Council with the details of the Finance Budget Committee meeting held on 21 December 2009.

RECOMMENDATION

That the minutes of the Finance Budget Committee meeting held on 21 December 2009 be received and noted.

BACKGROUND

Council resolved at its meeting on 19 October 2009 to establish the Finance Budget Committee and at the Council meeting on November 2009 Councillors Bide, Finn, Lack, Lim and Wearne were appointed to the Committee. In addition to the five Councillors, the Committee consists of the Chief Executive Officer or his representative, the three Group Managers and the Finance Manager.

Specific responsibilities of the Finance Budget Committee include:

· Overseeing the preparation and accuracy of the 2010/11-2014/15 Delivery Program

· Considering and making recommendations on the rating strategy and fees and charges

· Exploring additional revenue raising options for Council and

· Recommending budget options to Council for approval

The Committee met for the first time on 21 December 2009 and the business paper and minutes of that meeting are attached.

ISSUES/OPTIONS/CONSEQUENCES

Council has statutory obligations to prepare its next Delivery Program and Budget and the Committee has been given the responsibility of overseeing this process, with the Committee agreeing to invite all Councillors to these meetings, in place of the workshops.

CONSULTATION & TIMING

Consultation was undertaken with the relevant staff in regard to the matters to be considered by the Committee.

FINANCIAL IMPLICATION FOR COUNCIL

The Committee has the responsibility for overseeing the development of the 2010/15 Delivery Program, which includes the budget, together with responsibility for exploring rating and other revenue options.

Trevor Brown

Acting Finance Manager

Attachments:

1View	Report of the Finance Budget Committee held on 21 December 2009	13 Pages
2View	Finance Budget Committee 21 December 2009 Agenda and Business paper	5 Pages
3View	Finance Budget Committee 21 December 2009 Operating Statement	1 Page

REFERENCE MATERIAL