Agenda of Council - 24 May 2010

Council	24 May 2010

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 CONFIRMATION OF MINUTES - Council (Development) - 10 May 2010

2 APOLOGIES

3 DECLARATIONS OF INTEREST

4 Minutes of Lord Mayor

5 Public Forum

6 PETITIONS

7 Rescission Motions

7.1 Securing SuperX Opportunity 2010 to 2012

8 COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

9 Economy and Development

9.1 Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

9.2 Proposal to Classify Land as Operational

9.3 Reilleys Reserve, 6A Reilleys Road Winston Hills

9.4 52 Bain Place Dundas Valley

9.5 Minutes of the Heritage Advisory Committee

9.6 Draft Parramatta Development Control Plan for Places of Public Worship

9.7 Proposed Draft Voluntary Planning Agreement

9.8 Proposed Outdoor Smoking Policy

10 Environment and Infrastructure

10.1 Integrated Transport Plan for Parramatta City Centre

10.2 Parramatta Access Plan

11 Community and Neighbourhood

11.1 Access Advisory Committee Minutes 20 April 2010

11.2 Aboriginal and Torres Strait Islander Advisory Committee meeting 20 April 2010

11.3 Methadone issues within the Parramatta LGA

11.4 Community Advisory Committee Meeting and Forum Minutes 18 March

12 Governance and Corporate

12.1 Investments Report for March 2010

12.2 Proposed Re-alignment of Local Government Boundary along Old Windsor Road Seven Hills

12.3 GST Certificate

12.4 Membership of Wollongong City Council to United Independent Pools and Westpool

12.5 US Flag Raising Ceremony

12.6 March 2010 Quarterly Review of Management Plan & Budget - D01525110

12.7 Betty Cuthbert- Civic Ceremony

13 Notices of Motion

13.1 Affordable Housing

14 Closed Session

14.1 United Independent Pools Service Provider Tender

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

14.2 Expressions of Interest for Independent Members of the Conduct Committee

14.3 Review of Catering Services

15 DECISIONS FROM CLOSED SESSION

16 QUESTION TIME

Council 24 May 2010

Item 9.1

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.1

SUBJECT Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

REFERENCE F2004/06472 - D01535694

REPORT OF Group Manager Outcomes and Development

PURPOSE:

This report was deferred from the Council Meeting held 10 May 2010.

To obtain Council endorsement and re-affirmation of functions delegated to the Chief Executive Officer relating to the determination of development applications.

RECOMMENDATION

That Council re-affirm the decision of 9 March 2009 regarding the functions delegated to the Chief Executive Officer that relate to the determination of development applications, being:

(a) Approve development applications (including section 96 applications)

provided:

i. There are not more than 7 objections to the development; or

ii. The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or

iii. The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or

iv. The development application does not seek to demolish a heritage item; or

v. The development application does not relate to a brothel, massage parlour, sex service premises, restricted premises, tattoo parlour or place of public worship; or

vi. The application does not seek a review of determination under section 82A review; or

vii. The application is lodged as a ‘Fast Track DA’ (i.e. swimming pool, garages, awnings, decks pergolas, change of use and similarly small scale DAs) even if 7 or more objections are received.

With the following exceptions:

i. section 96(1a), section 96(2) and section 96(AA) applications where the original development application was determined by the elected Council; and

ii. where an application located on a heritage item, three (3) Councillors may request in writing that an application be ‘called’ to Council for determination. This written request is to be made no late than 1 week after the conclusion of the public notification/exhibition period.

BACKGROUND

1. Council at the meeting of 22 March 2010 deferred consideration of this matter for 2 weeks to obtain further information regarding the delegations that were given in the past 12 months. A copy of the Council resolution of 9 March 2009 can be found in Attachment 1. A further report was presented to Council at the meeting of 12 April 2010. The matter was again deferred for a further 2 weeks. A decision was made by the Executive Team at the following agenda review committee for the report to be relisted on the agenda for the May Regulatory Meeting.

REPORT

2. Council on 9 March 2009 considered a report on processing and administration of development applications. Arising from that report Council delegated authority to the Chief Executive Officer to determine certain categories of development applications for a 12 month period.

3. The 12 month period has passed and the operation of the delegation has been reviewed. In the 12 months prior to March 2009, 1110 development applications were determined by Council, of these 86% were determined under delegation. In the last 12 months, 1176 development applications were determined by Council, of which 91% were determined under delegation. Currently a DA determined by Council takes on average 63% longer than a DA determined under delegation, 131 gross mean time compared with 80 days gross mean time. It is considered appropriate to maintain the current delegations and it is thus recommended that Council re-affirm its previous decision of 9 March 2009.

4. However, in response to concerns raised by Councillors in relation to heritage items it is proposed to introduce a ‘call-up’ provision for heritage applications.

5. It is suggested that the ‘call-up’ provision would be available when three (3) Councillors request in writing that an application that relates to a heritage item be determined by the elected Council, rather than staff. To facilitate the ‘call up’, notice of all development applications submitted for these types of applications would be distributed to Councillors on a weekly basis in the Councillor Information Booklet.

6. A ‘call-up’ provision is suggested rather than a mandatory trigger that requires all applications that relate to heritage item being referred to Council for determination, as a large majority of DAs that relate to heritage items are for minor matters, such as change of use applications where there is no community interest in the matter.

7. If Council supports this approach, the following wording is suggested for the instrument of delegations:

‘Call up’ provision – where an application is made to modify an application to an approved place of worship’ or to modify an existing development consent on a heritage item’ or an application located on a heritage item, three (3) Councillors may request in writing that an application be ‘called’ to Council for determination. This written request is to be made no later than 1 week after the conclusion of the public notification/exhibition period.

8. In an effort to address some issues raised by Councillors regarding the determination of section 96 applications where the elected Council determined the original development application it is recommended that all section 96(1a), 96(2) and 96(AA) applications where the original development application was determined by Council be referred to council for determination.

Sue Weatherley

Group Manager Outcomes & Development

Attachments:

1View

MINUTE Processing and Administration of Development Applications (Regulatory Council - 9 March 2009)

4 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 9.2

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.2

SUBJECT Proposal to Classify Land as Operational

REFERENCE F2008/04580 - D01491240

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to recommend that Council pass a resolution to enable a recently acquired parcel of land to be classified as operational under the Local Government act 1993.

RECOMMENDATION

(a) That Lot 1 DP 986628 be classified as operational land pursuant to S31(2) of the Local Government Act 1993

(b) Further, that the Department of Planning be informed of Council`s decision.

BACKGROUND

The Department of Planning recently transferred twelve (12) parcels of land to Council. Among these parcels, which were all under Council’s care, control and management as open space, was lot 1 DP 986628 (Attachment 1). Portion of lot 1 is proposed to be used for the establishment and operation of a reservoir as part of Sydney Water`s Rosehill Recycled Water Scheme. In order to facilitate the lease, the land must be classified operational.

ISSUES/OPTIONS/CONSEQUENCES

1. Council last considered the transfer of these parcels at its meeting of 22 February 2010 (refer item 9.4). The report to Council advised:

a. that the Minister for Planning had issued development consent under Part 3A of the Environmental Planning and Assessment Act 1979 for the Scheme

b. of the requirement by the Department of Planning for the land to be classified as community under the Local Government Act 1993

c. the subsequent recognition by the Department of the anomaly created and its decision to amend the transfer conditions for the subject lot so as to allow it to be classified as operational in order to facilitate the granting of the lease

d. of the need to classify the subject lot as operational so as to facilitate the leasing of the parcel to AquaNet Sydney Pty Ltd (Alinta), who were the successful tenderers to Sydney Water for the operation of the reservoir.

2. The contracts in the form of a Land Transfer Agreement have been exchanged and settlement is expected in the near future.

3. S31 of the Local Government Act 1993 provides as follows:

(2) Before a council acquires land, or within 3 months after it acquires land, a council may resolve (in accordance with this Part) that the land be classified as community land or operational land.

(2A) Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.

4. 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.”

5. The appropriate advertisement was published on 7 April with submissions closing 6 May 2010. The Department of Planning was informed of the advertisement. As at 6 May no submissions had been received.

6. Accordingly it will be recommended that Council pass the resolution necessary to classify the land as operational.

CONSULTATION & TIMING

7. Consultation was undertaken with the Department of Planning, Council’s solicitor and the City Assets and Environment Unit.

FINANCIAL IMPLICATION FOR COUNCIL

8. The annual rent will provide an additional source of income.

Paul Burne

Property Program Manager

Attachments:

1View

Attachment 1 - location plan

1 Page

REFERENCE MATERIAL

Council 24 May 2010

Item 9.3

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.3

SUBJECT Reilleys Reserve, 6A Reilleys Road Winston Hills

REFERENCE F2006/01376 - D01508409

REPORT OF Property Program Manager

PURPOSE:

This report recommends Council to enter into separate agreements with Telstra and 3GIS for the installation of low impact telecommunication facilities at Reilleys Reserve, 6A Reilleys Road Winston Hills. It is placed before Council as there has been a separation of ownership since Council’s original resolution on this issue.

RECOMMENDATION

(a) That Council in consideration of Telstra exercising its power under the Telecommunications Act 1997 to install low impact telecommunication facility at Reilleys Reserve Winston Hills resolve to enter into separate agreements with Telstra and 3GIS on site access on terms as stated in the report.

(b) Further that the Lord Mayor and the Chief Executive Officer be authorized to execute and affix the council seal to agreements respectively with Telstra and 3GIS.

BACKGROUND

1. Council in a meeting on 23 April 2007 considered a report (CG 15/2007) and resolved:

“ (a) That Council in consideration of Telstra exercising its power under the Telecommunications Act 1997 to install low impact telecommunication facility at Reilleys Reserve Winston Hills resolve to enter into an agreement with Telstra on site access on terms as stated in the report.

(b) Further that the Lord Mayor and the General Manager be authorized to execute and affix the council seal to the agreement with Telstra.”

2. Briefly, the Reilleys Reserve at Winston Hills is Council community land for public open space use. Erected at the reserve is an Integral Energy high voltage transmission tower (37 metres high) on which Telstra intended to install antennas and within the footprint of the tower a brick equipment shelter.

3. Under the Local Government Act 1993 Council is prohibited to sell or dispose of any interests in land classified community other than in accordance with a plan of management, which in this instance has not allowed any telecommunication use. To overcome this restriction, Telstra exercised the power provided by the (Commonwealth) Telecommunication Act 1997 and issued on 12 June 2007 to the Council a Land Access & Activity Notice to access and install low impact telecommunication facility at Reilleys Reserve Winston Hills. An access agreement based on the terms at Attachment 2 (confidential) was negotiated between the parties.

4. Telstra at that time was in partnership with 3GIS in the development of the low impact telecommunication facility at Reilleys Reserve Winston Hills. While the access agreement was mostly finalised and ready for execution, the Council received advice in March 2009 that there was a separation of business partnership between Telstra and 3GIS. As a result, both Telstra and 3GIS would require separate access agreements with the Council to access Reilleys Reserve Winston Hills for installation of low impact telecommunication facility.

5. To secure Telstra use of the same site as a separate entity, Telstra on 28 May 2009 issued to the Council another Land Access & Activity Notice to install additional antennas and equipment. The installation under the previous Land Access & Activity Notice will be used by 3GIS.

ISSUES/OPTIONS/CONSEQUENCES

6. In view of the business separation between Telstra and 3GIS, new access agreements have been prepared on the basis of those terms in Attachment 2 (Confidential) with the following changes:

· Payment of access fee to the Council will be shared equally between Telstra and 3GIS.

· The access fee will be reviewed at five yearly intervals.

· Telstra will be the nominated carrier of 3GIS in the access agreement between the Council and 3GIS.

· Instead of a five yearly term and options, the access agreement will continue until such time when Telstra or 3GIS gives a notice to terminate its agreement with the Council. This is in line with the (Commonwealth) Telecommunication Act 1997, which empowers the telecommunication carrier to access and use sites for telecommunication purposes without restriction on time period.

7. In view of the previous Council approval in 2007 to enter into access agreement with Telstra, it is recommended that for the reasons outlined in this report Council should now enter into separate agreements with Telstra and 3GIS for access to Reilleys Reserve Winston Hills for installation of low impact telecommunication facilities.

CONSULTATION & TIMING

8. The Council’s Open Space and Natural Resources Unit, Catchment Management Unit and Tree Management Unit were consulted when the Telstra proposal was first received in 2006.

FINANCIAL IMPLICATION FOR COUNCIL

9. Telstra and 3GIS have been paying access fee to the Council since 2007/08.

Kwok Leung

Property Program Manager

Attachments:

1View	Location Plan	1 Page
2	Copy of Detailed Submission (from Council report on 23 April 2007) - Confidential	1 Page

REFERENCE MATERIAL

Council 24 May 2010

Item 9.4

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.4

SUBJECT 52 Bain Place Dundas Valley

REFERENCE DA/251/2009/A - D01513383

REPORT OF Property Program Manager

PURPOSE:

The report recommends Council to grant an easement for drainage purpose over the Council Kilpack Park (PK 438) at 36 King Street Dundas Valley for a proposed medium density residential development at 52 Bain Place Dundas Valley.

RECOMMENDATION

(a) That Council resolve to create an easement for drainage over the Council public reserve (Lot 8 DP 205349) in favour of the property at 52 Bain Place Dundas Valley (Lot 7 DP 205349) on terms as stated in the report.

(b) Further, 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/251/2009/A) for the subject residential development has been granted by the Council subject to, among others, the creation of an easement over the Council public reserve (Lot 8 DP 205349) 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 ‘Kilpack Park’ (Lot 8 DP 205349) which is Council’s Reserve, has been registered with the NSW Department of Lands in favour of the development site.……. ……”

2. For information the land for the subject property falls from the road, which prevents normal discharge of storm water to Bain Place. There is a Council storm water pipe running through nearby 46 Bain Place Dundas Valley to the Council reserve and a connection to this Council pipe for the subject residential development for drainage purpose is the only practical solution. For reference, a location plan is at Attachment 1.

ISSUES/OPTIONS/CONSEQUENCES

3. The 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.

4. A drainage easement approximately 43.5 m long and 1 m wide has been proposed. The total area required for the easement is 43.5 square metres.

5. The Council’s valuation consultants, Frank Carrapetta and Associates 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.

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

CONSULTATION & TIMING

7. The Council’s Catchment Management Unit and Open Space & Natural Resources Unit have been consulted and have no objections.

FINANCIAL IMPLICATION FOR COUNCIL

8. Council will receive compensation payment for granting the drainage easement.

Kwok Leung

Property Program Manager

Attachments:

1View	Location Plan	1 Page
2	Summary of Valuation	3 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 9.5

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.5

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01531672

REPORT OF Project Officer

PURPOSE:

To inform Council of the key discussion points of the meeting of the Heritage Advisory Committee on 21 April 2010.

RECOMMENDATION

That the minutes of the Heritage Advisory Committee meeting of 21 April 2010 be received and noted.

BACKGROUND

1. Council’s Heritage Advisory Committee meets every two months and comprises 11 members.

2. Council’s Heritage Advisory Committee met on 21 April 2010. This report provides a summary of the key discussion points of that meeting for Council’s information and consideration.

MAIN DISCUSSION POINTS

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

a) In response to a Committee request on Council's comprehensive heritage review (item 23/10), comments of Committee members will be sought on which of those items that are of State significance, but not on the State Heritage Register, should be recommended for inclusion on the Register.

b) The Committee provided the following response (item 24/10) on a number of development applications:

i) Expressed its concern at the visual impact and character of a proposed boarding house at 42A Crimea Street, Parramatta, which is located in the South Parramatta Conservation Area, Parramatta and requested that the applicant be asked to consider a more sympathetic design envelope. This comment has been referred for consideration by Council's Development Services Unit.

ii) Arising from a proposal for a dual occupancy in the Sutherland Road Special Area sought that the broader principles of special character areas be discussed at a future meeting of the Committee. This matter will be placed on a future Committee agenda.

iii) Arising from a recent development application for the Woolpack Hotel recommended that the adjoining James Elder premises be considered for separate listing on the State Heritage Register. This recommendation will be considered as part of Council's comprehensive heritage review.

c) The Committee recommended (item 25/10) that the following applications for funds from Council's Local Heritage Fund be granted: $2000 for 22 Albert Street, North Parramatta; $1000 for 65 and 67 Victoria Road, Parramatta and $2500 for 12 Eastwood Avenue, Eastwood.

d) The Committee recommended (item 31/10) that Council be requested to establish whether there are any plans for the conservation and restoration of the 3rd Class wing of the Parramatta Female Factory in the grounds of Cumberland Hospital. The owner of the subject land, the NSW State Government, will be approached as requested to establish whether there are any conservation plans for this building.

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

Paul Kennedy Sue Stewart

Project Officer Senior Project Officer

Land Use Planning Land Use Planning

Attachments:

1View

Heritage Advisory Committee Minutes for 21 April 2010

7 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 9.6

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.6

SUBJECT Draft Parramatta Development Control Plan for Places of Public Worship

REFERENCE F2009/02709 - D01534513

REPORT OF Project Officer-Land Use.Land Use & Transport Planning

PURPOSE:

To present to Council the results of public exhibition of the Draft Parramatta Development Control Plan for Places of Public Worship (DCP) for Places of Public Worship (PPW) and to seek Council’s adoption of the draft DCP.

RECOMMENDATION

(a) That Council adopt the draft Parramatta Development Control Plan for Places of Public Worship as included with this report as Attachment 2 to be applied whilst the draft comprehensive Parramatta DCP is being finalised.

(b) That the DCP be implemented without a savings provision, ie. it be applied to all relevant development applications outstanding at the time the DCP takes effect.

(c) Further, that the controls within this DCP be incorporated into the draft comprehensive Parramatta Development Control Plan prior to finalisation, including any changes required to reflect the proposed prohibition of places of public worship in the R2 Low Density Residential zone within draft Parramatta LEP 2010.

BACKGROUND

1. At its Meeting on 19 October 2009, Council resolved to publicly exhibit a draft Development Control Plan (DCP) for Places of Public Worship. The draft DCP was exhibited from 11 November to 11 December 2009. Council considered the results of public exhibition at its Meeting on 8 February 2010 and resolved to defer the matter pending a Councillor workshop.

2. That workshop was held on 10 March 2010 and invitations were extended to all authors of submissions. As a result, the workshop was attended by representatives of the Catholic Diocese of Parramatta, St Paul’s Anglican Church, the Church of Jesus Christ of Latter-Day Saints, the Parramatta Mission and the Redeemer Baptist School. Changes were drafted to the draft DCP in response to the workshop and circulated to all Councillors and those who attended the workshop for comment.

CONSULTATION

3. The draft DCP was publicly exhibited from 11 November to 11 December 2009. A notice was placed in the local newspapers and a letter of notification was sent to fifty-six (56) Places of Public Worship within the local government area. Five (5) submissions were received, all from representatives of local church groups as summarised in Attachment 3. Further changes were recommended to the draft DCP following the Councillor workshop held on 10 March 2010 and circulated to the authors of the original submissions and those who had attended the workshop. Three (3) further submissions were received as summarised in Attachment 4.

4. The submissions are further discussed in the detailed report at Attachment 1 and a response is provided to each issue raised. The main concerns are summarised as follows:

a. The maximum size limit of 250 people is seen as overly restrictive;

b. It is unreasonable to apply the same floor space ratio to a church as applies to residential dwellings;

c. The requirements for the submission of an acoustic report, traffic impact statement and operational plan of management are seen as onerous and beyond the means of church groups;

d. The DCP should not apply to industrial, retail and commercial zones;

e. The DCP should not apply to PPW within schools;

f. PPW should not be required to provide car parking.

ISSUES

5. The draft Parramatta Development Control Plan for Places of Public Worship provides Council with a means of ensuring that PPW are appropriate within their setting and will not have unreasonable impacts on neighbourhood amenity, particularly within residential areas. It is considered that the issue of impacts on residential areas are of primary concern and following extensive public consultation, changes to the draft DCP are recommended to focus on this aspect without limiting the opportunities for religious worship within the community.

6. Recommended Changes to draft DCP:

The recommended changes to the draft DCP are as follows. These are explained in more detail in Attachment 1:

a. In Design Principle P.4 of Section 4.2 Locational Requirements, apply the maximum seating capacity of 250 to the residential zones only (as opposed to all zones) and remove the reference to the requirement to serve the local community.

b. Clause 1.6 be renamed “Application of this Development Control Plan”.

c. A preamble be inserted at the beginning of the draft DCP to acknowledge the important role that places of public worship perform in providing support to the community.

d. Insert an additional category of development control called “Locational Requirements” as Section 4.1 to encourage the location of larger places of public worship (with a seating capacity of greater than 250) within non-residential zones (ie business or industrial).

e. In Section 4.5, Design Principle P.1 – i), add the requirement that where special events attracting greater than 250 people will occur, details including the expected numbers of people are to be provided with the Operational Management Plan.

f. In Section 4.4 Traffic, Parking & Access, add an additional design principle P.5, requiring that worship services are not to commence until thirty minutes have elapsed following the completion of any preceding service.

g. In Section 4.4 Traffic, Parking & Access - Design Principle P.1, add an additional requirement of the Traffic Impact Statement that it adequately consider future parking needs that may result from anticipated growth in the congregation.

7. Relationship to draft comprehensive Parramatta LEP & DCP:

On 23 March 2009, Council resolved to prohibit PPW within the R2 Low Density Residential zone within the draft Parramatta LEP 2010. This change in policy direction has been ratified by the NSW Department of Planning through their certification of the draft Parramatta LEP for public exhibition purposes.

8. The draft comprehensive DCP was adopted by Council at its meeting on 14 December 2009 with an additional resolution that it be updated prior to exhibition to incorporate the same controls as the stand-alone DCP for Places of Public Worship. However, the controls in the stand-alone DCP for Places of Public Worship could not be carried over verbatim and would require some modification to reflect the controls within the draft Parramatta LEP. These modifications will be recommended when the draft comprehensive Parramatta DCP is next reported to Council.

TIMING

9. Once adopted by Council, the Draft DCP for Places of Public Worship would take effect upon the publishing of a notice in the local newspapers. The DCP would then be applicable to all development applications for places of public worship, regardless of whether they were lodged before the date of the DCP taking effect.

10. Once the comprehensive Parramatta DCP takes effect, the stand-alone DCP for Places of Public Worship will cease to operate as a separate DCP and will be incorporated into the comprehensive DCP. This is in order to comply with legislation prescribing that upon the gazettal of Council’s new comprehensive LEP in the standard template format; only one DCP can apply to any parcel of land.

Felicity Roberts Sue Stewart

Project Officer Land Use Planning Senior Project Officer

Land Use Planning

Attachments:

1View	Detailed Submission	12 Pages
2View	Draft DCP for Places of Public Worship with tracked changes	6 Pages
3	Summary of Submissions	3 Pages
4	Summary of Submissions Received on Further Changes to Draft DCP	2 Pages

REFERENCE MATERIAL

None.

Council 24 May 2010

Item 9.7

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.7

SUBJECT Proposed Draft Voluntary Planning Agreement

REFERENCE F2005/01594 - D01534622

REPORT OF Group Manager Outcomes and Development

PURPOSE:

To seek Council’s endorsement to proceed with formal negotiations to prepare a Voluntary Planning Agreement (VPA) between Council and the applicant in relation to a proposed mixed use development at 32 – 46 Cowper Street Parramatta, in accordance with Council’s VPA Policy.

RECOMMENDATION

(a) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a proposed mixed use development at 32 – 46 Cowper Street St Parramatta.

(b) That the Chief Executive Officer be delegated the authority to negotiate the VPA on behalf of Council and report back with a recommendation for approval or otherwise of the VPA.

(d) Further, that the assessment by Council staff of the proposed development and the proposed VPA negotiation be kept as separate and independent processes.

BACKGROUND

1. Development Application DA/295/2010 was lodged on 14 April 2010 for Demolition and construction of a 19 storey mixed use development containing 220 residential units and ground floor commercial floor space over 3 levels of basement carparking with strata subdivision. This application was the subject of a design excellence competition under the City Centre LEP.

2. The application is required to be considered by the Joint Regional Planning Panel due to the value of the development. ($35million)

3. The applicant has approached Council officers with a proposal that in lieu of Section 94A contributions, all or some of the 714m2 ground floor commercial floor space be transferred to the Council.

4. The estimated Section 94A contribution, if the proposed development was approved, would be $1.05 million.

ISSUES/OPTIONS/CONSEQUENCES

5. A planning agreement can be made under section 93F of the EP&A Act and is a voluntary agreement between Council and the developer, under which the developer is required to dedicate land free of cost, pay a monetary contribution or provide other material public benefit, or any combination of these, to be used towards a public purpose. This may be in lieu of a s94 or s94A developer contribution, as a part substitution or an additional benefit.

6. The Act specifies that a public purpose includes the provision of public amenities or public services, the provision of affordable housing, the provision of transport or other infrastructure relating to the land, the funding of recurrent expenditure relating to any of these, the monitoring of the planning impacts of a development and the conservation or enhancement of the natural environment.

7. Council has an adopted VPA policy (Attachment 2), which sets out the principles governing such agreements, matters that Council will consider in negotiating agreements, steps in the negotiating process, public probity, notification requirements and implementation. The EP&A Act and Regulation sets out the legal and procedural framework for planning agreements.

8. The negotiation of a planning agreement is at Council’s discretion. Key principles of Council’s policy are that:

- planning decisions will not be bought or sold through planning agreements,

- development that is unacceptable on planning grounds will not be permitted because of the benefits of a planning agreement,

- the benefits of the planning agreement will bear a relationship to the application,

- Council will not give undue weight to a planning agreement when making a decision on a development application, and

- Council will not improperly rely on its position in order to extract unreasonable public benefits under planning agreements.

9. Procedurally, Council’s policy requires:

- a Council resolution to undertake negotiations on a planning agreement,

- appointment of a Council officer with delegated authority to negotiate a planning agreement on behalf of Council (this is not to be an officer with a key responsibility for the development application),

- consideration of whether an independent person is required to facilitate the negotiations,

- public exhibition of the draft agreement, once prepared, and

- the elected Council will ultimately make the decision as to whether to approve the planning agreement.

PROPOSED VPA FOR 32 – 46 COWPER STREET

9. The proposed planning agreement for 32- 46 Cowper Street provides that the developer will offer to transfer to Council up to 714m2 of ground floor commercial floor space in lieu of Section 94A contributions

10. A Quantity Surveyor’s report has not been submitted by the applicant, but if Council is mindful to consider this offer, this will be required to confirm the value of the offer. However preliminary assessment would indicate that the $ value of the offer would exceed the Section 94A contributions.

PRELIMINARY COMMENTS

11. The commercial space would provide some options for Council. There have been discussions recently about the need for a new community centre in Harris Park. This commercial space could meet the needs of the community centre and some could be leased for commercial purposes as an income producing opportunity.

12. The draft VPA will need to be fully investigated and assessed under the terms of Council’s policy & the Act and Regulations. As part of this process, the following will need to be assessed:

- The public benefits of the proposed commercial space,

- Whether a monetary contribution would be preferable to works in kind under the VPA,

- Should the commercial space be transferred to Council as a stratum

- Should this be a cold shell or warm shell

13. If Council wishes to continue with the process, a cross functional team (excluding Development Assessment staff) will be established to assess all aspects of the proposed VPA and to report directly to the CEO. As this DA will be determined by the JRPP, Council’s decisions as to whether to accept the draft VPA could not be seen to influence the decision in relation to the DA.

14. There are potential planning and public benefits in the draft VPA proposal that should be further explored. Accordingly, this report recommends that, as required by Council’s VPA policy, a formal resolution be made to proceed with negotiations and an appropriate officer be given delegated authority to negotiate the VPA on Council’s behalf. It is recommended that delegation be given to the CEO of Council to negotiate the VPA.

CONSULTATION & TIMING

15. There has been some internal discussion regarding the value of the proposed floor space offer.

16. VPAs must be notified publicly under the EP&A Act and Council’s policy. The draft VPA should be notified at an appropriate stage. The outcome of the negotiations and the notification should then be reported back to Council for a decision about whether or not to execute the agreement.

FINANCIAL IMPLICATION FOR COUNCIL

15. There is likely to be a positive financial impact in relation to this offer, and the costs associated with checking and reviewing the offer could be covered by the terms of the VPA.

Attachments:

1View

Letter from Caladines Town Planning Pty Ltd dated 30 April 2010

2 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 9.8

ECONOMY AND DEVELOPMENT

ITEM NUMBER 9.8

SUBJECT Proposed Outdoor Smoking Policy

REFERENCE F2004/10350 - D01537193

REPORT OF Manager. Regulatory Services

PURPOSE:

To report to Council on a draft Outdoor Smoking Policy as requested by Council’s resolution of 27 July 2009

RECOMMENDATION

(a) That in accordance with Section 632 of the Local Government Act 1993 Council resolves to ban smoking on the following Council owned and managed spaces through the erection of signs/notices:

(i) in and within 10 metres of children's playground areas; and

(ii) in and within 10 metres of sporting fields and sports facilities.

(b) That in view of the findings of surveys undertaken within Parramatta and across NSW which disclose a level of community support for a range of bans on smoking in outdoor areas including:

(i) within aquatic facilities;

(ii) during Council run and sponsored events; and

(iii) in and within 10 metres of Council owned or managed buildings (including balconies or covered areas);

(i) this be incorporated into relevant policies, agreements with users and the design of place signage; and

(ii) appropriate community coverage and education be given to this decision.

(d) That Council support:

(i) $ 15,000 being allocated to the parks improvement budget for the erection of signage in sporting fields and playgrounds , over the 2010/2011 and 2011/2012 financial years; and

(ii) $ 5,000 being allocated toward development of an education program to inform the local community of restrictions.

(e) Further, that Council trial a voluntary project with local restaurants to evaluate the financial impacts of smoke free alfresco dining areas.

BACKGROUND

1. Council at its meeting of 27 July 2009 resolved:

“(a) That Council develop a Smoke-Free Outdoor Areas policy relating to a ban of smoking in and around Council's children's playgrounds and within 10 metres of sporting venues and its benefits.

(b) Further, that Council also consult the following organisations for input on the abovementioned proposed policy in terms of supporting legislation, local enforcement, signage, communication, education, cost 1 to Council, and possible alternative options for smokers (if any):

1 Action on Smoking and Health

2 Heart Foundation

3 Australian Medical Association (NSW)

4 Local Government Association of NSW

5 The Cancer Council.”

2. Council has previously considered whether to implement bans in outdoor areas, specifically in alfresco dining precincts under its Outdoor Dining Policy.

3. The Smoke Free Environment Act 2000 and related Smoke Free Environment Regulation 2007 ban smoking from enclosed or substantially enclosed areas, including restaurants, schools and universities, professional trade, commercial and other business premises, places of worship and community halls, theatres and cinemas, libraries and galleries, public transport, hospitals and community health centres, shopping centres, sporting facilities, malls and plazas.

4. Unlike similar legislation enacted in other states, this Act does not confer any restrictions on partially enclosed or unenclosed outdoor areas. The legislation does include a section (Duty to prevent smoke), which deals with preventing spread of smoke from an area where smoking is elsewhere allowed from penetrating a designated smoke-free area. This section of the Act is used by NSW Health to enforce provision of adequate open ventilated space in designated smoking areas, particularly in relation to licensed premises (ie pubs/clubs) and some commercial properties.

5. The other legislation of relevance is the Public Health (Tobacco) Act 2008. The object of this Act is to reduce the incidence of smoking and other consumption of tobacco products and non-tobacco smoking products, particularly by young people. This regulates packaging, display and supply of products as well as prohibiting smoking of tobacco in vehicles while juveniles are present.

6. There are no provisions currently within these Acts to extend restrictions to other areas.

7. Council's regulatory powers

Previous legal advice has been provided confirming Council is empowered, under the Local Government Act, to control activities such as smoking by erecting notices. Examples of such notices already exist in many of Councils public areas, where activities such as riding motor bikes and allowing unleashed dogs are not permitted.

8. Under the Act, Council has power to

· erect notices under S. 632;

· serve penalty notices under S. 679;

· demand details from offenders under S. 680; and

· remove offenders from community land under S. 681.

9. Enforcement can also be undertaken under the Protection of the Environment Act, with on the spot fines imposed for littering in public areas.

10. It is intended that a key mechanism for compliance is peer pressure from the community, who use facilities that may be impacted by introduction of restrictions and who are, as demonstrated elsewhere in this report, in majority support for implementing bans in a range of areas. While some initial low level rejection and non-compliance can be anticipated, community support can be encouraged through consistent messaging explaining the improvements to health and reduction in littering that can be achieved, supported by physical presence of signage and supplementary educational material.

11. Council may also impose restrictions on users of Council leased and licensed areas, such as events and hirer of halls, public areas and outdoor dining areas through agreements for use.

12. Council recently reviewed the Outdoor Dining policy and in adopting this policy resolved not to prohibit smoking in designated alfresco dining areas. It considered recommendations indicating that restaurant patrons could make choices of venues according to smoking status, and that those businesses that wished to offer patrons a smoking area in outdoor dining facilities be free to do so subject to displaying signage advising whether or not smoking is permitted within the outdoor dining area.

13. It is recommended that through Council’s partnership with the Sydney West Area Health Service that the financial impacts of smoke free outdoor dining be explored through a voluntary trial by interested businesses.

ISSUES/OPTIONS/CONSEQUENCES

14. Health Impacts

The NSW Health Population Health survey 2008 found that 18.4 % of the adult population smoked. The level of current smokers has declined from over 30% in 1987, and 24% in 1997. The rate of smoking in western Sydney is slightly higher than the state average, at 19.2% of the population. The same survey identified 87.5% of western Sydney homes as smoke free.

15. The impacts of smoking on health have been well documented and state, national and international health service providers and agencies have all reported on the health impacts and costs of smoking on the smoker as well as secondary smoking affects on non-smokers.

16. More recent studies on the impact of smoking have addressed the potential impact of effects of second hand smoke (SHS) on non-smokers. The 2006 Surgeon General's report established that even brief exposure to SHS may have adverse effects on the heart and respiratory systems and on severity of asthma attacks. Children exposed to SHS are at an increased risk of asthma, sudden infant death syndrome (SIDS), acute respiratory infections and ear problems.

17. In 2007 a survey of 69 outdoor dining areas in Melbourne was undertaken on behalf of the Cancer Council of Victoria. The intent was to establish the magnitude of second hand smoke (SHS) exposure when people smoked in outdoor dining areas. It reported that when individuals sit in outdoor dining venues where smokers are present, it is possible that they will be exposed to substantial SHS levels. The report concluded that the role of outdoor smoking restrictions in minimising exposure to SHS must be considered.

18. In 2004 Manly Council banned smoking in alfresco dining areas, in July 2009 they conducted a survey of all alfresco dining operators renting Council land. The phone survey of 36 out of 40 businesses was conducted to assess how the implementation of the outdoor smoking ban has been received by business operators and diners alike. The results showing an overwhelmingly positive response to the introduction of the ban.

19. Environmental

The extent of litter created directly by cigarette butts is estimated at 7.25 million butts annually across Australia. Butts are easily identifiable, and constitute the most common item of litter, representing around 50% of waste items. Butts can have significant physical and chemical impact in waterways and on ground environments, and can take up to 5 years to decompose. Strategies to restrict entry of litter such as cigarette butts into waterways were introduced by Council some years ago, with installation commencing of a series of pollutant traps into street drainage systems.

20. In response to the notice of motion and analysis of surveys undertaken, the options available to Council are:

Option 1 Take no action;

Option 2 Consider introducing bans in Council owned and managed space, including recreational facilities such as children's playgrounds and sporting fields;

Option 3 In addition to Option 2, consideration be given to the implementation of bans in other outdoor areas under Council's control. This reflects community support for implementation of smoke free zones disclosed through a number of surveys undertaken in recent years, including those undertaken within Parramatta in 2006/7 and 2009;

Option 4 In conjunction with local business owners trial a voluntary a smoke free outdoor dining scheme to monitor the financial impact on restaurants.

The recommendation to Council is to adopt options 2, 3 and 4. The recommended draft policy is as Attachment 1.

CONSULTATION & TIMING

21. Surveys undertaken in recent years of public attitudes to smoking have found increasing levels of support for restrictions on smoking activity. A survey of restaurant patron's attitudes to smoke free dining was undertaken in Parramatta in 1997 prior to the introduction of state legislation banning smoking within premises. This identified strong support for restricting smoking in enclosed areas including restaurant dining areas, which at the time were not regulated.

22. This survey was used as the basis for a Council initiated survey of community attitudes in 2005 and 2007 which reflected current legislation, and monitored attitudes to those changes. Two parallel surveys were done, one for proprietors of businesses which utilise outdoor dining on public land and one for their patrons. The results of this survey were discussed in a Councillor workshop in 2007. Of note were responses to questions on opinions to applying smoking restrictions to other areas. 85% of patrons and 93% of restaurant proprietors supported bans in playgrounds, while 58% of patrons and 48% of proprietors supported bans at sports fields. Results of this survey are included in Attachment 2.

23. Residents Panel health and wellbeing survey 2009.

A survey of members of the residents panel was undertaken in the latter part of 2009. This covered a range of questions about health and wellbeing of residents, and in part sought opinions on a range of questions on attitudes to smoking behaviour. There were 637 respondents to the survey.

Tables showing all the responses to questions asked are appended as Attachment 3. To inform a debate on policy in this area key extracts from the responses are outlined below.

85%	agreed that making outdoor public places smoke free would make a positive improvement by reducing littering from cigarette butts
80%	agreed that making outdoor public places smoke free would support the health of pregnant women, children and the chronically ill
94%	supported children's playgrounds being smoke free zones
78%	supported smoke free zones around Council buildings
81%	supported sportsfields being smoke free
84%	supported smoke free sports facilities such as tennis, basketball and netball courts
89%	supported public swimming pools being smoke free
87%	supported Council events being smoke free
87%	supported alfresco dining/outdoor dining areas being smoke free

24. Following completion of this survey, internal consultation with departments managing various property assets has been undertaken.

25. A petition has recently been forwarded to Council from the Western Sydney Regional Cancer Advocacy Network, calling for Council to adopt a smoke free environment policy. The petition contains over 1000 signatures, with about one quarter resident of Parramatta. (See Attachment 4)

26. The Cancer Council has a policy statement on the health risks of passive smoking. This recommends in part, that public places and popular outdoor venues such as al fresco dining and leisure and cultural settings be completely smoke free. (Rev. Sep. 2008)

27. It undertook a survey in NSW during 2006 seeking community response on attitudes to smoking. Among the outcomes there was strong support for outdoor smoking bans. 92% of respondents supported bans in childrens’ playgrounds, 85% outside workplace entrances, 80% in sports stadiums and 69% in outdoor dining areas. A resource kit was subsequently released for local government in May 2007.

28. The Australian Medical Association has campaigned to bring about lower levels of smoking in Australia and improved protection for non-smokers. In a submission to the Preventative Health Taskforce in 2008 it supported tighter enforcement of legislation to protect against exposure to second-hand smoke.

29. The Local Government and Shires Associations of NSW (LGSA) recognises that although significant reductions in tobacco smoking rates have occurred in recent years tobacco smoking remains the leading single cause of mortality and morbidity in NSW. It notes that many Councils have implemented restrictions and that key advantages of these policies is that they address the risk to the community caused by exposure to second-hand smoke, particularly for children. The policies also reduce the harm to the environment associated with butt litter.

30. The LGSA contributed to the resource kit for Smoke-free policy in outdoor areas published by the Heart Foundation. This kit is being increasingly used by NSW Councils to implement smoke free outdoor areas.

31. In 2009 the Heart Foundation released an updated kit for local government, to assist in developing policy around smoke-free outdoor areas. The kit contained results of a survey undertaken across all NSW Councils regarding smoking policies. This found that 38% of Councils (58 of 152) had implemented some form of policy. Results of this survey and the resource kit are appended as Attachments 5 and 6.

32. Thirty (30) of those Councils were metropolitan. 95% (55) of Councils had policies covering children's playgrounds and 78% (45) covered sports fields. Nine had implemented a policy in respect of alfresco dining areas. Recent discussion with the Heart Foundation indicates almost 70 Councils have now developed policies restricting smoking in outdoor areas. The Heart Foundation has undertaken advocacy leading to many of these local policies being implemented.

33. Almost all Councils surrounding Parramatta and across western Sydney have implemented a policy banning smoking in playgrounds. Of those, all but one also has policy in regard to sports fields.

34. Since this last survey by the Foundation, several more councils have considered policy in this area. The City of Sydney had resolved in September 2009 to develop a policy on managing smoking in the public domain. The resolution indicated restrictions would be implemented in children's playgrounds, community centres, and in covered seating areas and grandstands at City sports facilities.

35. A number of other councils, including Warringah, Waverley and Leichhardt have extended existing policy on areas including smoking bans in playgrounds, sportsfields and beaches to include other recreation areas including outdoor dining areas.

FINANCIAL IMPLICATION FOR COUNCIL

36. There will be costs associated with the implementation of this policy primarily associated with education and the signage. The recommendation to the Council includes $15,000 for signage in park and other public space and $5,000 for education.

37. There may be some cost reductions associated with reduced cleaning up of litter caused by smoking, but this is hard to quantify.

Laurie Whitehead

Manager Regulatory Services

Attachments:

1View	Draft Policy	2 Pages
2	Survey on Community studies to smoking restrictions in alfresco dining and/or public places (Will be distributed under separate cover. Copies available by contacting Laurie Whitehead)	36 Pages
3View	Residents Panel Health and Wellbeing Survey Final Report	50 Pages
5	Heart Foundation Survey Result(Will be distributed under separate cover. Copies avilable by contacting Laurie Whitehead)	16 Pages
6	Heart Foundation Resource Kit (Will be distributed under separate cover. Copies available by contacting Laurie Whitehead)	16 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 10.1

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.1

SUBJECT Integrated Transport Plan for Parramatta City Centre

REFERENCE F2006/01143 - D01529941

REPORT OF Senior Project Officer - Transport Planning

PURPOSE:

To seek Council adoption of the Integrated Transport Plan for Parramatta city centre following the exhibition of the draft in November and December 2009.

RECOMMENDATION

(a) That Council adopts the Integrated Transport Plan for Parramatta city centre considering the comments received following the public exhibition.

(b) That Council notes in the State Government’s Metropolitan Transport Plan the loss of the Sydney Metro to Parramatta and the continued deferment of the Parramatta to Epping Line, and their retention in the Integrated Transport Plan as essential public transport improvements.

(c) That Council considers the projects contained within the Plan during the 2010/11 budget bid process and subsequent financial years.

(d) Further that Council forwards a copy of the Integrated Transport Plan for Parramatta city centre to the relevant State and Federal Government agencies.

BACKGROUND

1. The Integrated Transport Plan for Parramatta City Centre was on public exhibition from 4 November to 1 December 2009. It is in response to the Parramatta City Centre Plan (2007) which sets out the planning framework for an additional 30,000 jobs and 20,000 residents by 2031. This planned growth will generate significant travel demand to Parramatta city centre. The Integrated Transport Plan recommends a strategy plan to manage the existing and future sustainable transportation. Moving away from the reliance of car use towards sustainable transport of walking, cycling and public transport use, is the key issue addressed in the draft Plan.

2. The key elements of the Plan are:

(a) A Pedestrian & Cycle Amenity Zone in the city centre to improve pedestrian and cycle accessibility and safety through new facilities and a lower speed limit.

(b) City and Regional Ring Roads to better manage traffic flow to more appropriate routes.

(c) Ongoing lobbying for improved public transport (commuter ferry service, additional bus lanes, cross-city bus services and West Metro).

(d) Relocating commuter car parking to the periphery of the city centre and development of park & ride facilities.

3. The Plan sets out possible future transport planning policy for the next 5 years. There are a number of recommended strategies that require additional budget beyond Council’s existing programs and can be considered at the appropriate time by Council as is the normal budget process.

RECENTLY ANNOUNCED CHANGES TO TRANSPORT

4. The Metropolitan Transport Plan was announced on 20 February 2010 and deferred the West Metro until 2020 along with the Parramatta to Epping Rail Link. The loss of these two projects will have a significant impact on Parramatta and its ability to grow and expand without the continued reliance on the private and the existing traffic congestion. The Integrated Transport Plan retains both these projects. Council’s submission to State Government responding to the Metropolitan Transport Plan will be considered by Council at its meeting on 18 April 2010.

5. Other significant changes include the Department of Transport & Infrastructure’s new ticketing system “MyZone” to be introduced on 23 April 2010. New Hopkinsons’ bus services are also scheduled to be introduced from 22 March 2010.

PUBLIC EXHIBITION RESPONSES RECEIVED

6. A total of twelve (12) submissions was received mostly from State and Local Government and one each from a resident, car share provider, transport interest group and a consultant.

7. The majority of submissions from the State Government agencies raised minor corrections to facts. There was a significantly number of respondents who were generally supportive of the measures to encourage sustainable transport while reducing the reliance on private car use, particularly the local Council submissions. A summary of the key comments and their response, are shown below.

Comment	Response
Support decreasing reliance on car use and increased use of sustainable transport.	Support noted.
Revised 2009 State Plan has set a target of 50% of journey to work trips to Parramatta city centre by public transport by 2016.	Noted and included.
That a Transport plan be prepare for all local centres.	A Transport Plan for Granville has been adopted. A draft Transport Plan for Westmead has been prepared and the recommendations will be incorporated into the Vision document for Westmead which will also include land use and urban design work. A Transport Plan for Epping is linked to the DoP’s funding to undertake joint planning work with Hornsby Shire Council.
The importance of additional transport links to the North West, particularly public transport. Considering that approximately of 5% of residents in the Hills LGA use the bus to travel to work in Parramatta and the planned residential growth is 100,000 by 2031. Also recognising the importance of Parramatta as the closet regional city.	Highlight the importance of bus lanes on Windsor Road. Brief desk top study investigation of a possible future rail corridor.
Support for additional bus priority measures and cycle routes.	Noted.
Completion of the Parramatta to Epping Rail Link.	Noted.
Support for additional bus priority.	Noted.
Improvements to bus stops.	Noted.
Additional pedestrian guard railing within the Interchange.	This is an operational issue for RailCorp who manages the Interchange. This is supported
The proposed Pedestrian & Cycle Amenity Zone needs careful consideration and may diminish the outcomes for public transport	Noted.
No support for cross-city bus services at present.	This was discussed with State Government and bus operators at a meeting in January 2010. It also discussed the decreasing capacity of bus layover spaces and the suggestion of cross-city bus services as solution to this problem. The meeting noted that the eastern layover (Station St) operates overcapacity but just about manages to operate satisfactory at most times as Charles Street (leased by the RTA from Council) is used as a spill-over layover. One of the operators present was opposed to cross-city services while another was supportive of further exploration, neither of whom made a submission. State Government agencies at acknowledged the need to investigate the issue and recognised that cross-city routes was one solution.
Lack cycle infrastructure is the biggest factor to overcome to encourage cycling.	Noted.
Revised 2009 State Plan has set a target for Metropolitan Sydney of 5% of trips by bicycle by 2016.	Noted and included.
Need to develop better connections to the North West. Extend the Carlingford Line to Granville rather than Parramatta and to the North West rather than Epping.	Highlight the importance of bus lanes on Windsor Road. Brief desk study investigation of a possible future rail corridor to North West. Parramatta is the preferred western alignment for the Carlingford Line extension as it is a regional city with a significant number of jobs as opposed to Granville which is town centre. Epping is the preferred eastern alignment as it provides a direct route to jobs in Macquarie Park and Sydney. Additional possible future rail links/services have also been added.
Against proposal to convert one-way streets to two-way as it will reduce traffic speeds.	The aim of the two-way streets scheme is support the 40kph Pedestrian & Cycle Amenity Zone and increased vehicle accessibility within the city centre that the current one-way streets restricts.
Suggest operating buses on east-west streets of Philip St, George St and Macquarie St to avoid the use of Church St due to the noise and pollution.	The noise and pollution of buses has decreased as the regulations on emissions increases. It is best practice to operate two-way bus routes rather than one-way to better understand the bus network. Sydney Buses and Hillsbus bus routes were investigated in depth over 4 years and the current arrangement is the outcome of that process which included several irritations. In additional to run bus from the north and north-east along the east-west streets and avoiding using Church St would significantly increase the bus operating costs.
Lack of spatial analysis.	Noted. Consultant promoting skills and services.
Strong support for cycling.	Noted.
Increase car sharing spaces.	Noted. Council has invited car share operators to identify and apply for additional locations.
Continue to limit the provision of car parking within the city centre.	Noted.
Further investigation of proposed new traffic signals.	Noted. This is part of the normal due process.
Use of CCTV to enforce bus lanes requires change of legislation.	Noted and included.
Road network improvements on State roads require detailed traffic modelling and funding support.	Noted. This is part of the normal due process.
Plan should identify a framework to monitor performance of the road network and identify schemes and funding to improve the network	Council has limited funding to monitor traffic flows and implement road improvements. The RTA is best placed to monitor traffic flows using its network of CCTV cameras in the city centre and also the RTA controls traffic signals which are key to the road network performance. Increasing road network performance in isolation will induce additional traffic flows, against the key object of the Plan which is decreased car reliance and increased use of sustainable transport.

OTHER CONSULTATION

8. A Council Report on the draft Integrated Transport Plan was considered and deferred by Council on both 22 March 2010 and 27 April 2010. The draft Summary Plan was circulated to Councillors for comment as a Green Paper on 27 August 2009, no comments were received. The draft Integrated Transport Plan was considered for public exhibition on 19 October 2010 and adopted with objective E3 removed.

FINANCIAL IMPLICATION FOR COUNCIL

9. Budget bids as per the recommendations of this report have been lodged through Council’s budget preparation process. These will need to be assessed against competing demands

David Gray

Senior Project Officer, Transport Planning

Attachments:

1View

Integrated Transport Plan for Parramatta City Centre Detailed Report

4 Pages

REFERENCE MATERIAL

Copies of the “Integrated Transport Plan for Parramatta City Centre” (full report) and “Summary Integrated Transport Plan for Parramatta City Centre” will be distributed to Councillors and senior officers under separate cover. Further copies of the full report and summary report can be obtained from David Gray.

Council 24 May 2010

Item 10.2

ENVIRONMENT AND INFRASTRUCTURE

ITEM NUMBER 10.2

SUBJECT Parramatta Access Plan

REFERENCE F2010/00746 - D01531619

REPORT OF Senior Project Officer - Transport Planning

PURPOSE:

To seek Council endorsement of involvement with Transport & Infrastructure’s Parramatta Access Plan process which aims to improve transport and in particular public transport to Parramatta city centre.

RECOMMENDATION

(a) That Council endorses officer involvement with Transport & Infrastructure’s Parramatta Access Plan process.

(b) That Council maintains its strong position on the Parramatta to Epping Rail Link, Parramatta to Castle Hills Rail Link, Sydney Metro and Commuter Ferry Service as key projects to be delivered as soon as possible.

(c) Further that, Council officers keep Councillors appropriately informed of the development of the Parramatta Access Plan.

BACKGROUND

1. The NSW Department of Transport & Infrastructure is in the process of preparing Access Plans for Parramatta, Newcastle, Wollongong, Gosford, Liverpool, Penrith, Sydney Airport & Port Botany and Sydney city in partnership with local Government. These Access Plans are in response the mode split targets set in the State Plan to increase the public transport mode share by 2016.

2. Council officers understand that the draft Parramatta Access Plan will be available for Council endorsement in August with a public exhibition period proposed for September.

3. The Metropolitan Transport Plan contains very little significant transport improvements for Parramatta from now until 2016, with the Parramatta to Epping Rail Link and Sydney Metro not due to be progressed until at least 2020. The Plan does, however, contain some broad transport improvements such as $158m for cycling and $2.9b for buses including 1000 new buses and bus priority. It is recommended that Council works with State Government on the Parramatta Access Plan as it will put Council in a better position to influence where and how this funding is spent.

4. Council’s draft Integrated Transport Plan for Parramatta City Centre will be considered for adoption by Council on 24 May 2010. This document will form an excellent basis for discussions and for recommended projects to be incorporated into the Parramatta Access Plan. There is also the possibility of State Government funding or investigating the recommendations.

5. The opportunity to partner provides a good basis for Council to influence NSW Government transport infrastructure investment through the proposed Parramatta Access Plan, in particular in the context of Council’s Integrated Transport Plan.

FINANCIAL IMPLICATIONS

6. The financial implications of working with State Government on the Parramatta Access Plan are limited to staff costs.

David Gray

Senior Project Officer, Transport Planning

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 24 May 2010

Item 11.1

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.1

SUBJECT Access Advisory Committee Minutes 20 April 2010

REFERENCE F2005/01944 - D01528328

REPORT OF Community Capacity Building Officer

PURPOSE:

The Access Advisory Committee met on 20 April 2010. This report provides a précis of the key discussion points of that meeting for Council’s consideration.

RECOMMENDATION

(a) That the minutes of the Access Advisory Committee meeting on 20 April 2010 (Attachment 1) are received and noted.

(b) That Council investigate the need for Evac Chairs for the evacuation of people with physical mobility issues down stairwells when lifts cannot be used.

BACKGROUND

1. Parramatta City Council’s Access Advisory Committee continues to meet bi-monthly in accordance with the Council Resolution of 28 September 2009.

MAIN DISCUSSION POINTS

The main issues discussed at the meeting are outlined below:

2. The Committee discussed the letter received by Council CEO, Dr Robert Lang, from Westfield in response to the letter recommended to Council by the Committee regarding carpeting and noise at Westfield Parramatta. The Committee requested that the Council Officer contact Westfield via phone to obtain further information, and resolved to ask that Council write another letter to Westfield to obtain this information in writing. This letter will be prepared by the relevant officer.

3. The Committee was provided with further information regarding a crossing difficulty for a pedestrian with vision impairment at the intersection of Crown and Harris Streets in Harris Park. The Council Officer was asked to contact Vision Australia for policy information on crossing, and any assistance available, and to contact the correspondent who raised the issue. Should there be any recommendations arising from Vision Australia, the Committee asked that Council consider adopting these.

4. The Committee was informed that two Committee members met with Kati Westlake to discuss the Review of Public Domain details for Disability Access, and that after consultation with other Council units and further working of the document, the final document will be shared with members.

5. Communication from Roy Gumkowski, the OHS Service Unit Partner at Council, was shared with the Committee regarding Evac Chairs and procedures for evacuating people with physical mobility issues. Roy Gumkowski had informed the Council Officer that Council operated according to standard procedure for the evacuation of people with mobility impairments, which involves the moving of people with such impairments to fire escapes to await safely for the assistance of emergency personnel. Roy also stated that for the purchase of any Evac Chairs, the issues of number, storage, training and budget need to be considered in the context of the evacuation plan as a whole. The Committee then made a recommendation to Council that 4 Evac Chairs in total be purchased in the first instance for Levels 1, 2 and 4 of Council Chambers, and Level 11 of the Darcy Street Building. Further, the Committee also asked Council to ensure egress for people with disabilities be adequately addressed in the design of any new building in Civic Place.

Council Officer’s Note: Despite the Committee’s recommendation it is recommended that Council investigate options before deciding to purchase Evac Chairs. This will ensure that potential alternative strategies, issues related to storage, training and budget as raised by Roy Gumkowski, as well as which buildings and floors are most likely to require Evac Chairs, and which types of Evac Chairs and costs are all known prior to a decision to purchase.

6 The Council Officer related her findings from investigating the issue of a Committee member being prevented from taking her shopping trolley into the Bus Interchange by Westfield security on the claim that it is not allowed. The Council Officer informed the Committee that there are no policies of Westfield, the supermarket outlets or Interchange management that prevent trolleys entering the interchange.

7. The Committee discussed the issue of monitoring the use of disabled car spaces at Rosehill shopping centre (where Woolworths has an outlet). The Council Officer undertook to find out if any agreement is in place between Council and the owner of the premises for patrolling the parking lot, and if there was an agreement, to ask if more frequent patrolling could be done. The Committee then asked that if no agreement was in place, that Council approach the owners of the car park about entering into an agreement.

8. The steep ramp at Pendle Hill Train Station creating difficulty for wheelchair users was raised by a Committee Member. The Committee asked that Council write a letter to CityRail regarding this. The relevant officer will prepare this letter.

9. The lack of immediate access at Clyde Train Station was brought to the attention of the Committee via correspondence to the Committee. The Committee asked that Council write a letter to CityRail regarding this, asking that the station receive priority in the upgrade process for stations. The relevant officer will prepare this letter.

10. The Committee discussed the Taxis in Parramatta City Centre report submitted to Council by Transport Planning and expressed concern that only two members of the committee were consulted, and that there was no taxi access near to either the Argyle or Church St entrances to Westfield. The Committee asked that Council consider enabling a taxi drop off/pick up area on Argyle St near the Westfield entrance, and that the Committee be more widely consulted for reports and policies that involve access related issues.

11. Correspondence was provided to the Committee via a member that raised a number of issues, some that were Council infrastructure related. The Committee advised that for such issues, where concerned individuals have all the details required, people can log a service request directly with Council either via the Council website, by phone, or in person. Contact details for this will be provided in the Meeting Minutes for members to share with the community.

12. The Productivity Commission’s Inquiry into Disability Care and Support was tabled, and the Council Officer will distribute copies of the Circular to Members who stated an interest, should they wish to make a submission.

FINANCIAL IMPLICATION FOR COUNCIL

13. In relation to the financial implications of the Committee’s recommendation regarding the purchase of Evac Chairs, the Council Officer has conducted a quick survey of pricing on such chairs, and has found them to be in the range of $3000 to $8500 each. The range is indicative of functions available, purpose according to building type, and ease of use. It is currently unable to be determined at which end of the price range the required Evac Chair fell, until an O.H.& S. investigation is undertaken. The Council Officer draws attention to Main Discussion Point 5 (Council Officer’s Note), which recommends investigation by appropriate Council units prior to further consideration of the Committee’s recommendation.

Tanya Owen

Community Capacity Building Officer

Attachments:

1View

Access Advisory Committee Minutes April 20 2010

7 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 11.2

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.2

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee meeting 20 April 2010

REFERENCE F2005/01941 - D01529906

REPORT OF Community Capacity Building Officer

PURPOSE:

The Aboriginal and Torres Strait Islander Advisory Committee met on 20 April 2010. 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 20 April 2010 be received and noted.

(b) That additions to the Terms of Reference for the Aboriginal and Torres Strait Islander Advisory Committee in regard to its Executive Committee as outlined in the Report be adopted with the omission of Clause (x) as this clause is inconsistent with Council’s adopted Code of Conduct.

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 20 April 2010. 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. Human Resources Issues

(a) Council Officer, Ian Fitzgerald, Manager Human Resources attended the meeting, at the invitation of the Committee, and discussed with members the following issues.

(b) Whilst there is a 3% national and 2.6% NSW state target for Aboriginal Employment, there is no mandatory target for local government. However Council did have a number of options to increase the number of Aboriginal people it employed including advertising job vacancies with agencies with an Aboriginal specialisation. The development of an Aboriginal Employment Strategy, which would be included in Council’s

Human Resources Strategic Plan, would enable Council to increase the number of Aboriginal employees. Members identified the apparent problem of retaining and then replacing Aboriginal and Torres Strait Islander workers and a suggestion was made to introduce a mentor/apprenticeship scheme.

(c) Invitations and articles on the Committee could be placed in Council newsletters to encourage Aboriginal and Torres Strait Islander staff to attend the Committee meetings.

(d) Staff cultural awareness training was discussed and the Council Officer advised that training could be provided. Committee member, John Robertson expressed his concern that Council had engaged a consultant to deliver cultural awareness training without consulting with the Committee.

Officers comment:

As a result of the Committee’s recommendations to deliver cultural awareness training, Council’s Human Resources Unit engaged a consultant in 2009 to deliver 2 cultural awareness sessions for Community Library and Social Services staff. Due to popular demand, another 2 sessions were provided and opened to any Council staff. The consultant, Paul Newman of Black Pages, was recommended by the Local Government and Shires Association.

5. LGAN 2010 Planning

The Committee were informed on the work done to date to progress LGAN 2010 and the decisions of the LGAN Executive.

(a) Conference workshops and speakers should be selected because of their quality.

(b) Site visits held during the Conference would be limited to Lake Parramatta and the Parramatta Girls Training School as the Executive’s position was that the third site suggested by the Committee i.e. Prospect Hill, was not appropriate as it is not within the Parramatta LGA. The Committee discussed this further and recommended that the significance and respect held for the Prospect Hill site meant this site visit should be organised.

Officer’s comment:

This matter was taken back to the next LGAN Executive meeting and instruction sought by Council Officer John McInerney; A/Manager Community Capacity Building Team. The LGAN Executive again determined that there should only be two site visits during the Conference and the sites should be within the Parramatta LGA as Parramatta Council was hosting the Conference.

(c) The Committee provided advice on the appropriate people to carry out Welcome to Country and the Smoking Ceremony at the Conference and suggested additional people to invite.

6. Railcorp

The committee were advised that Council Officers had recommended to Council that a letter be written to the Minister for Transport as no response had been received from Railcorp to a letter sent seeking an explanation for the refusal to display NAIDOC posters.

Officer’s comment:

Council accepted this recommendation at its meeting of 27 April 2010 and a letter is currently being prepared.

7. Greek Flag Raising

The Committee Chairperson, Bruce Gale informed the Committee that the Aboriginal Flag had not been raised at the recent Greek Flag Raising and that he had been advised that it will no longer be flown at future events with the exception of NAIDOC Week.

8. Executive Committee membership

At its meeting of 22 February 2010, Council resolved ‘That the matter of Executive Membership of the Committee be referred back to the Committee for advice as to which members the Committee would like to be part of the Executive, such membership to not be through genetics but by wisdom and leadership.’ The Committee had deferred discussing the issue pending the attendance of both the Chair and Deputy Chair.

Members discussed the issue and recommended that additions be made to the Committee’s Terms of Reference as proposed by Committee member John Robertson to Council at its meeting on 9 November 2009:

Chairperson/Deputy Chairperson and Executive Committee

In addition to Core Terms of Reference Clause 6, the Aboriginal and Torres Strait Islander Advisory Committee has adopted additional structural and procedural components in an attempt to ensure that the business of the Advisory Committee is managed in a culturally sensitive way.

The Executive Committee mechanism allows for issues identified as culturally sensitive to be discussed and resolved according to cultural practice i.e. with only Aboriginal and Torres Strait Islander people present at the time of discussion.

i) The Advisory Committee will vote annually to determine its Chairperson, Deputy Chairperson and Executive Committee.

ii) The Executive Committee will consist of seven (7) Aboriginal or Torres Strait Islander members elected from the Committee. The Chairperson and Deputy Chairperson will be elected from the members of the Executive.

iii) The Chairperson will chair the entire meeting to ensure consistency.

iv) If the Chairperson and Deputy Chairperson are absent from the meeting the Committee will nominate a Chairperson for the meeting.

v) Duties of the Chairperson or Deputy are to:

Chair meetings according to Council’s Code of Conduct, the Terms of Reference and Guidelines and meeting agenda

Liaise with the Council Officer Convening the Committee to determine the Agenda for each meeting

Facilitate the discussion of items on the agenda in a timely manner

Facilitate the moving of recommendations and voting by Committee members

Ensure all committee members have the opportunity to participate

vi) The role of the Executive Committee is to discuss sensitive issues relating to local Aboriginal and Torres Strait Islanders when the Advisory Committee feels that it is inappropriate for a particular matter to be discussed and voted on by the Committee as a whole.

vii) If at least five (5) members of the Advisory Committee believe a matter should be dealt with by the Executive, it will be referred to the Executive for decision.

viii) When the Executive are to discuss a sensitive issue during the course of a normal meeting, non-executive members will be required to leave the room.

ix) All decisions of the Executive arising from Sub-clauses vii) and viii) will be relayed to the Advisory Committee or the individual/s concerned as appropriate.

x) Where the behaviour of any committee member is of concern, the matter will be referred to the Executive in the first instance. If the matter cannot be satisfactorily resolved by the Executive, or if they consider it is sufficiently serious, the matter will be referred to the Chief Executive Officer of Council for appropriate action.

Officer’s comment:

(a) Council’s Advisory Committee Core Terms of Reference, ratified by Council at its meeting of 22 June 2009, already stipulate that the Committee’s Chair and Deputy Chair will be elected by the Committee annually.

(b) Clauses iii), iv) and v) are already included in the Core Terms of Reference.

(c) Clause x) above, has been omitted as it contradicts Council’s Code of Conduct, adopted by Council 28 September 2009: clause 12.3 of the Code states that the Chief Executive Officer is responsible for investigating any complaint regarding the behaviour of ‘members of staff of Council, delegates of Council and//or members of Council committees (other than councillors) and will determine such matters’.

9. General Business and Information share

Committee members exchanged information including the work of The Aged Rights Service in advocating for residents of nursing homes and hostels; notice of an upcoming reconciliation walk and concert organised by Mt Druitt and District Reconciliation Group; the significance of the find of 20,000 Aboriginal artefacts found at the Meriton Apartment site in George St, Parramatta and the extension of the Great North Walk to include Parramatta

10. Communication between the Committee and Council

Concern was expressed by Clr. Lim and member John Robertson that reports submitted to Council on Advisory Committee meetings were inaccurate and/or did not reflect issues that were important to the Committee.

Council Officer’s comment:

While minutes of meetings are attached to each report, Council Officers attempt to summarise the key issues of interest to local government. To ensure all Committee members are confident of the communication process, Council Officers will suggest to the Committee that an additional standing agenda item is included in the Committee's meeting: Council's Decisions re. Committees Recommendations and Actions Taken.

FINANCIAL IMPLICATION FOR COUNCIL

11. There are no financial implications to Council.

Maggie Kyle

Community Capacity Building Officer

Attachments:

1View

Minutes Aboriginal and Torres Strait Islander Advisory Committee Meeting 20 April 2010

8 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 11.3

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.3

SUBJECT Methadone issues within the Parramatta LGA

REFERENCE F2004/06817 - D01529988

REPORT OF Community Crime Prevention Officer

PURPOSE:

To respond to an outstanding resolution contained within the council's resolution of 28 September 2009 regarding methadone dispensing in Parramatta LGA.

RECOMMENDATION

That Council receive and note this report.

BACKGROUND

1. This report has been prepared in response to an outstanding resolution contained within the council's resolution of 28 September 2009 regarding methadone dispensing in the LGA. On that date Council resolved:

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

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

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

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

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

(b) That Council receives from staff an additional report detailing specific steps that council can implement to mitigate the damage done to our communities by the current dispensing practices for methadone. These should detail:

1 A strategy to reduce social impact of methadone dispensing in communities.

2 A strategy to reduce the level of methadone addiction in the Parramatta LGA.

3 Input from councillors as to specific implementation steps.

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

(d) That it be a role of the new City Wide Crime Prevention Plan to monitor methadone sites around the local government area and a report be submitted back to Council on the results including instances of anti social behaviour and the effects of the dispensing of methadone.

(e) That Council seek the support of the Local Area Commander in putting resources towards working with Council to seek a resolution to this issue and for the management of crime and anti social behaviour in this precinct.

(f) Further, that Council’s local state representatives be requested to make representations on behalf of Council with respect to this matter.

ISSUES/OPTIONS/CONSEQUENCES

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

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

Should any issues regarding methadone dispensing sites be reported to Council then staff will investigate those issues if appropriate. If there is any deviation from the New South Wales Opioid Treatment Program Clinical Guidelines, then a written report will be made to New South Wales Health. The clinical guidelines include client responsibilities relating to behaviour as part of their treatment agreement. The treatment agreement advises clients who do not comply with the conditions of the program that their place on the program will be reviewed. Sanctions taken in relation to non-compliance include a formal warning, changing conditions of program, transfer to a more supervised treatment setting or withdrawal from the program.

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

Ongoing liaison has been established with all the Local Area Commands in the LGA by the Community Crime Prevention Officer, who has continual discussions with police regarding crime and antisocial behaviour as they occur. Police are aware of the Council concerns regarding the behaviour of some methadone clients, but are emphatic that they will not target, monitor, or record their interaction with methadone clients specifically, nor provide Council with any information linking methadone patients to instances of crime. They will however, address instances of crime or antisocial behaviour as they occur regardless of whether or not the offender is a methadone client.

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

The Community Crime Prevention Officer has attended Collett Village shops twice and spoken to all the shopkeepers and business owners including the pharmacist. All shop keepers have been given specific advice regarding the importance of reporting of crime and anti-social behaviour to police as it occurs. The pharmacist was also spoken to regarding the issues of community concern regarding the behaviour of her clients were raised with her. She has reiterated with her clients, the need to conduct themselves properly when attending the pharmacy and not to loiter after receiving their dose. There is signage clearly displayed in the pharmacy advising clients’ that unacceptable behaviour will result in them being directed to another facility to receive their dosage. All the shopkeepers and in particular, the previous complainant, expressed satisfaction with the actions of Council and its staff to address the problem. The Complainant has contacted the Community Crime Prevention Officer twice since the site visit advising that the problem has ceased.

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

Sydney Western Area Health Service publishes an annual report which includes the health status of the community. The most recent report is the 2007/2008 annual report which is available online at http://www.wsahs.nsw.gov.au/services/publicaffairs/documents/Annual-Report-2007-2008-Optimised.pdf

Additionally, Council is able to proactively seek up to date information on the outcomes of methadone programs in our LGA through the Sydney West Area Health Service as there is a formal Memorandum of Understanding in place that supports information sharing. An annual resident health status update has been suggested as a part of this partnership and will be incorporated into a new scope of work for the partnership for the next 3 years 2010/11 – 2012/13)

(b) That Council receives from staff an additional report detailing specific steps that council can implement to mitigate the damage done to our communities by the current dispensing practices for methadone. These should detail:

1 A strategy to reduce social impact of methadone dispensing in communities.

Council will continue to monitor the social impact of methadone dispensing through ongoing liaison with police, local stakeholders and community service providers. However, while this will enable council to respond to specific instances where methadone dispensing is causing a negative impact in the local community, a comprehensive strategy to reduce the social impact of methadone dispensing practices cannot be developed by council due to the policy directive laying with NSW Health.

2 A strategy to reduce the level of methadone addiction in the Parramatta LGA.

Council has no jurisdiction or ability to influence the number of clients within the LGA who are receiving methadone treatment. Federal and state governments do not consider methadone treatment as addiction and it is a central strategy at state and federal levels as a treatment for people who suffer from opioid addiction. The only way to reduce the number of clients receiving methadone treatment is by either reducing the number of people who become addicted to opioids in the first instance, or diverting clients to alternative treatments, neither of which is within the role of Council.

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

Council wrote to New South Wales Health on 12 October 2009. A reply was received in November 2009 which advised that New South Wales Health was unable to mandate how a pharmacy conducted its business. They advised that while they encourage practices such as staggered dosing, they were unable to legislatively enforce this as mandatory practice. However, the treatment agreement contained in the clinical guidelines does refer to behaviour of clients and states in part:

"clients do not contribute to congregating around clinics and dispensing points by bringing friends or associates to clinicians appointments or the dispensary unnecessarily. In addition, the clients do not remain around the premises for longer than necessary."

In their letter to Council, New South Wales Health does state that if a client breaches their treatment agreement, they are referred back to a public clinic. A copy of that letter is attached.

While New South Wales Health cannot enforce staggering of clients, issues of clients loitering in the vicinity of dispensing outlets would appear to be breaches of the client’s treatment agreement under the guidelines. In those instances, Council will write to New South Wales Health and advise them of any breaches of a treatment agreement that it becomes aware of.

(d) That it be a role of the new City Wide Crime Prevention Plan to monitor methadone sites around the local government area and a report be submitted back to Council on the results including instances of anti social behaviour and the effects of the dispensing of methadone.

The city wide plan has not been written yet, it is anticipated this will occur during the course of 2010. However, in practical terms, Council cannot obtain the information to the required level of specificity from the police that would enable the Community Crime Prevention Officer to report back to Council identifying instances of antisocial behaviour and the effects of dispensing methadone.

The plan will, however, address strategies to minimise wider issues of crime and antisocial behaviour and the impact of these activities on the community. The Community Crime Prevention Officer is currently examining crime mapping programs and ways to use the services of the Council's GIS mapping section to enable micro-spatial and temporal analyses of crime within the LGA. It is envisaged that data such as location of methadone dispensing outlets, licensed premises, brothels and tattoo parlours can be overlaid with crime data such as crime statistics supplied by BOCSAR, graffiti incidents reported to Council etc. to determine if there are any correlations or causal linkages.

(e) That Council seek the support of the Local Area Commander in putting resources towards working with Council to seek a resolution to this issue and for the management of crime and anti social behaviour in this precinct.

The Community Crime Prevention Officer has had discussions with the Local Area Commanders and their representatives; the position of the police is that they will not target methadone clients for the reasons previously outlined, but will respond to instances of crime and anti social behaviour as reported. This was also articulated in person by Superintendent Hansen (Rosehill Local Area Commander) at the methadone think tank meeting held on 30 July 2009 which was attended by Councillors McDermott, Wilson and Lack.

(f) Further, that Council’s local state representatives be requested to make representations on behalf of Council with respect to this matter.

Council wrote to each of the local state representatives within the Parramatta LGA, who in turn wrote to the Minister for Health, Carmel Tebbutt MP on behalf of the Council. A reply was received in January 2010 by the member for Baulkham Hills in identical terms to the reply received by Council in November 2009 from New South Wales Health. A copy of the letter received from Carmel Tebbutt's office is attached.

CONCLUSION

In conclusion, Council is restricted in its ability to affect current practices surrounding methadone dispensing due to Council's lack of jurisdiction and the policy framework at state and federal level that exists to support methadone dispensing. However, Council will monitor antisocial behaviour within its capability to do so and ensure that prompt reporting is made to the relevant agencies including New South Wales Police and Department of Health when instances of antisocial behaviour or non-compliance with treatment guidelines are identified.

Rob Williams

Community Crime Prevention Officer

Attachments:

1	Reply regarding changes to the methadone dispensing program in NSW	2 Pages
2	Response from Nathan Rees regarding letter to Carmel Tebbutt - Opioid Treatment Program Clinical Guidelines	4 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 11.4

COMMUNITY AND NEIGHBOURHOOD

ITEM NUMBER 11.4

SUBJECT Community Advisory Committee Meeting and Forum Minutes 18 March

REFERENCE F2004/07575 - D01530650

REPORT OF Community Capacity Building Officer.Community Capacity Building

PURPOSE:

The Community Advisory Committee met on 18 March 2010, for both a Committee meeting and to hold a Community Forum directly following this meeting. This report provides a précis of the key discussion points of the meetings and Forum.

RECOMMENDATION

(a) That the minutes of the Community Advisory Committee meeting on 18 March 2010, and the notes of the Forum on 18 March 2010 (Attachments 1 and 2) are received and noted.

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

BACKGROUND

1. Parramatta City Council’s Community Advisory Committee continued to meet under its new Terms of Reference (TOR) in accordance with the Council Resolution of 28 September 2009. The new TOR provides for Committee meetings on a 6 weekly basis as well as four LGA-wide Issues Forums over a year and Neighbourhood Issues Forums to be rotated across the LGA Wards.

2. As noted in the previous report, the Community Advisory Committee determined to hold the first LGA Community Forum on 18 March 2010, at the Jubilee Room of the Town Hall, and this took place accordingly.

MAIN DISCUSSION POINTS

Meeting 18 March 2010

3. The aims of the Neighbourhood Forums and responsibilities of Committee Members per the Committee’s TOR were reviewed and discussed.

4. The Committee discussed options for the location of the first Neighbourhood Forum based on information of issues known to Committee Members and Council Officers. The Committee agreed that the decision on the location of the Neighbourhood Forum would be made at a Committee meeting on 28 April 2010.

5. The Committee prepared for the Community Forum to follow the meeting, confirming the evening’s program and speakers, and the role of the Committee.

6. The Committee requested an email address be established for the Committee for community member to contribute to Forums should they be unable to attend in person. Council Officer Maggie Kyle undertook to establish a Community Advisory Committee email address.

Forum 18 March 2010

7. Committee Members Phillip Russo and Chris Bertinshaw Co-chaired the Forum.

8. Debbie Best, Service Manager, Library Services provided a presentation and answered questions around services provided by public libraries across the LGA, with a focus on services for young people and children.

9. Paul Kennedy, Project Officer, Land Use and Transport Planning provided a presentation and answered questions on the preservation of heritage items in the LGA (sites and buildings), and the process for items to become listed or delisted.

10. Marcelo Occhiuzzi, Manager Land Use and Transport, provided a presentation and answered questions around State authority and Local government authority in planning issues, including the process of developing LEPs, and general questions around the process of developing the LEP in Parramatta. Considerable interest was displayed by members of the public in proposed changes to zoning, State authority in this and in how this affects applications for development currently being considered by Council.

11. General discussion was held with members of the public attending around how they found out about the Forum, why they attended and if the information was helpful.

Council Officers’ Note: The TOR of the Community Advisory Committee enables the Committee to identify recommendations arising from Forum discussions. Due to the nature of the Forum, which involved presentations and questions around these, no recommendations arose for the Committee to submit to Council.

FINANCIAL IMPLICATION FOR COUNCIL

12. There are no financial implications to Council.

Tanya Owen

Community Capacity Building Officer

Attachments:

1View	Community Advisory Committee Meeting Minutes 18 March 2010	3 Pages
2View	Community Advisory Committee Forum Notes 18 March 2010	4 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 12.1

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.1

SUBJECT Investments Report for March 2010

REFERENCE F2009/00971 - D01510327

REPORT OF Manager Finance

PURPOSE:

To inform Council of the investment portfolio performance for the month of March 2010.

RECOMMENDATION

That Council receives and notes the investments report for March 2010.

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. The closing balance of Council’s investment portfolio as at the 31st March 2010 was $84.5M (Previous Month $81.2M).The weighted average Funds held throughout the period was approximately $84.7M.

4. Council holds a diversified range of investment products which include:

(a) Managed Funds

(b) Term Deposits (Including Investment – Loan offsets)

(d) Cash at call

(e) Equity Linked & Principal Protected Notes

(f) Senior Debt Bonds

Council engages CPG Research and Advisory for assistance in all investment matters relating to advice, risk and portfolio weighting.

5. The weighted average interest rate on Council’s investments for the month of March 2010 versus the Bank Bill Index is as follows:

Monthly Annualised

Total Portfolio 0.55% 6.66%

Funds Managers 0.83% 10.00%

Bank Bill Index 0.38% 3.92%

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

6. Council’s favourable return above the Bank Bill Index can mostly be attributed to the Term deposit section of the portfolio which currently stands at $36M. These fixed return funds have maturity time lines from 3 to 9 months and are locked in at interest rates ranging from 5.20% to 7.00%.

7. Council’s managed fund portfolio performed strongly with an increase of 6.59% from the previous period. The CFS Global Credit income fund which holds approximately 10% of the total portfolio, reported an annualised return of 19.32%. It is important however to recognise that managed fund returns should be measured over longer time horizons of at least 12-18mths.

8. As a result of the March quarterly review process, the 2009-10 annual investment interest budgets has been increased from $4.18M to $4.65M. This net increase of $470K is mostly attributable to the outstanding performance of councils managed funds and also the higher than anticipated term deposit rates which council has now hold.

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 March 2010 is provided below:

Certificate of Investments

I hereby certify that the investments for the month of March 2010 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.

Alistair Cochrane

Manager Finance

Attachments:

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

REFERENCE MATERIAL

Council 24 May 2010

Item 12.2

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.2

SUBJECT Proposed Re-alignment of Local Government Boundary along Old Windsor Road Seven Hills

REFERENCE F2004/08135 - D01512905

REPORT OF Property Program Manager

PURPOSE:

The purpose of this report is to examine a request from Blacktown City Council which seeks Council`s support to a proposal by Blacktown City and the Hills Shire Councils to make a joint submission to the Local Government Boundaries Commission to approve of a boundary adjustment consistent with the centre of the north south carriageways along Old Windsor Road Seven Hills.

RECOMMENDATION

(a) That Council support the request from Blacktown City and Hills Shire Councils to re-align the local government boundary along Old Windsor Road so that it adheres more closely to the centre line of the Road as outlined in this report.

(b) Further that Blacktown City Council be informed of Council`s decision.

BACKGROUND

1. By way of letter dated 10 March 2010 Blacktown Council advised that:

“As a result of the Windsor Road upgrade by the Roads and Traffic Authority, Blacktown City Council and the Hills Shire Council propose to make a joint submission to the Boundaries Commission, in order that the Local Government Boundary is adjusted to be consistent with the centre of the north south carriageways along Windsor/Old Windsor Roads.

From the attached aerial plans there is evidence that there are slight anomalies

between the existing and proposed boundaries between Blacktown and Parramatta's Local Government Areas, between Gibbon Road in the north and Toongabbie Creek in the south.

Any approach to the Commission, to create a consistent boundary line, will require a

supporting resolution from Parramatta City Council, even though any amendments are still within the road corridor.”

2. The Local Government Boundaries Commission makes recommendations to the Minister for Local Government on boundary adjustments.

ISSUES/OPTIONS/CONSEQUENCES

3. The Local Government Boundaries Commission is a statutory authority set up under section 260 of the Local Government Act 1993. Its function is to examine and report on any matter referred to it by the Minister for Local Government regarding the boundaries of local government areas and the areas of operation of county councils. Councils may make submissions to the Commission as well.

4. The boundary alteration being suggested is on Old Winsor Road, an RTA road, being the Blacktown/Parramatta (east/west) boundary on Old Windsor Road between that part of the Road from Gibbon Road in the north to just north of Toongabbie Creek in the south and does not affect any rateable properties. The object of the alteration is to align the boundary more to the middle of Old Windsor Road following recent construction works.

5. Attachment 1 shows the Parramatta LG boundary with the subject Old Windsor Road boundary with Blacktown Council indicated. Attachment 2 shows both the existing (yellow) and the proposed (red) alterations in larger scale. An even larger scale map will be available at the Meeting.

6. The re-alignment of the boundaries as proposed seems a logical course of action and so is recommended.

CONSULTATION & TIMING

7. Council`s Service Manager - Traffic and Transport, GIS Unit and Financial Operations Unit have been consulted and offer no objection.

FINANCIAL IMPLICATION FOR COUNCIL

8. As there are no implications for rating there will be no gain or loss of rate income to Council. There maybe minor costs incurred, such as gazettal notification, in formalising the changes to the boundary.

Paul Burne

Property Program Manager

Attachments:

1View	Attachment 1	1 Page
2View	Attachment 2	1 Page

REFERENCE MATERIAL

Council 24 May 2010

Item 12.3

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.3

SUBJECT GST Certificate

REFERENCE F2005/01810 - D01522964

REPORT OF Manager Finance

PURPOSE:

To advise Council of the requirements for GST compliance and to seek authorisation for the signing of the Goods and Services Tax Certificate for the payment of GST for the period 1 May 2009 to 30 April 2010.

This matter is placed before Council in accordance with Department of Local Government Circular 05-35 which stipulates that the GST Certificate must be signed by the Lord Mayor, or other Councillor, the CEO and the responsible accounting officer.

RECOMMENDATION

(a) That Council grant approval for the Lord Mayor, Chief Executive Officer and Manager Finance to sign off the Goods and Services Tax Certificate for the payment of GST for the period 1 May 2009 to 30 April 2010.

(b) Further, that the GST Certificate, once signed, be referred to the Audit Committee on 27 May 2010 for that Committee’s information.

BACKGROUND

1. The Department of Local Government requires Council to provide a written confirmation of the Council’s GST compliance on an annual basis.

2. It is not mandatory for council to have their auditors undertake a review of existing GST systems. Finance has however organised for Price Waterhouse Coopers to conduct an independent review of indirect taxes in May 2010.

3. In lieu of receiving advice from its auditors, Council’s Finance Department have undertaken a review of its GST systems and processes by sampling GST data within Council’s financial systems. This review indicates that of the samples tested, GST was being accounted for in line with legislative requirements, and no obvious inconsistencies related to GST were in existence. Acknowledgement of this sample is appended to this report in Attachment 1.

4. GST collected for the period 1 May 2009 to 31 March 2010 was $2,869,423.29. Input Tax credits claimable by council were $7,823,579.78 the net refund received by council from the Australian Tax Office for the period May 09 to March 2010 was $4,954,156.49.

5. Parramatta City Council is considered a large remitter for GST purposes and is required to submit a Business Activity Statement by the 21st of each month. All BAS returns remitted between May 09 and March 2010 were completed within this time frame. The April 2010 Business Activity Statement was not due at the time of the preparation of this document however it is anticipated that this return will be completed by the due date of 21^st May 2010.

6. Local government bodies are requested, to provide the commonwealth with advice on voluntary GST payments by 1 June each year.

ISSUES/OPTIONS/CONSEQUENCES

7. Manager Finance can now advise that in accordance with Section 114 of the Commonwealth Constitution:

(a) Voluntary GST has been paid by Parramatta City Council for the period 1 May 2009 to 30 April 2010.

(b) Adequate management arrangements and internal controls were in place to enable the Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

8. In accordance with the above advice, a Goods and Service Tax Certificate has been prepared and is required to be signed by the Lord Mayor, Chief Executive Officer and the Manager Finance. A copy of the Certificate is appended to this report as Attachment 2.

9. This matter is placed before Council to grant approval for signing of the Goods and Services Tax Certificate.

10. It had been considered that this matter would be referred to the Audit Committee, but as a result of DLG deadlines, it is proposed that the GST Certificate be referred, in this instance, to the next meeting of the Audit Committee for its information after signing.

Alistair Cochrane

Manager Finance

Attachments:

1View	GST Audit Memo	1 Page
2View	GST Certificate	1 Page

REFERENCE MATERIAL

Council 24 May 2010

Item 12.4

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.4

SUBJECT Membership of Wollongong City Council to United Independent Pools and Westpool

REFERENCE F2004/06545 - D01530378

REPORT OF Group Manager- Corporate

PURPOSE:

To advise Council that Westpool and United Independent Pools have resolved to invite Wollongong City Council as a full member commencing 31 October 2010.

RECOMMENDATION

That the information be received and noted.

BACKGROUND

1. Wollongong City Council (WCC) approached Westpool and United Independent Pools in January 2009 regarding seeking membership to the Pools.

2. WCC had undertaken an independent review of the insurance portfolio and it recommended that the Pools offered the best solution to meet their needs. They sought membership in February 2009 and their application was considered by both Boards. It was agreed a working party be established to review their application and consider their risks. The working party met with WCC in early March 2009 to consider their application and recommended that WCC be offered associate membership from May 2009. They also proposed that a due diligence process be undertaken. This recommendation was adopted by both United Independent Pools and Westpool.

3. Expressions of interest were sought and firms were asked to quote against a project scope developed by the Pools. This project scope considered a range of risks specific to WCC, a review of their risk management culture, and response to the ICAC enquiry.

4. KPMG was engaged to review the risk culture of WCC and provide a report on their ongoing exposures and commitment to pooling. A working party was established to monitor progress of KPMG and prepare a report for consideration by United Independent Pools and Westpool.

5. Whilst KPMG was undertaking the due diligence review, Claims Management Australasia (CMA) undertook a review of all WCC’s medium to large claims and claims detail was transferred into the Pools’ claims management system. In addition the Pools’ actuary, Mr David Minty, considered the impact of WCC’s membership on the Pools’ future contributions.

6. The Pools’ broker, Willis Australia, also carried out a comprehensive review of WCC’s wording in May 2009 as compared to the Pools’ for all lines of insurance. They renewed all existing insurances and through our collective buying power, negotiated considerable savings for WCC.

7. In the meanwhile the working party continued to oversee the work of KPMG with an initial draft reported to the United Independent Pools Executive on 10 March 2010. After a comprehensive review of the KPMG report, the Executive developed a series of additional issues for WCC to respond to. The Executive also agreed that WCC should consider the KPMG draft report to enable them an opportunity to comment on the management of ongoing risks.

8. WCC provided feedback to the report addressing risks to KPMG’s satisfaction and they provided a response to all questions raised by the Executive. In addition they offered for the Executive and any interested members to attend a meeting in Wollongong to discuss their response to risk and their commitment to the principles of the Pools.

9. A meeting was scheduled on 8 April 2010 where WCC outlined their risk management approach, strategies to manage risks specific to their area and the actions taken to respond to the issues raised during the ICAC enquiry. The meeting was supported by presentations from the general manager, senior staff, internal ombudsman, independent members of the governance committee and one of WCC’s administrators.

10. The Executive was impressed with their response to risk and the changes they have implemented since the ICAC enquiry. They are addressing their risks well and have demonstrated a commitment to the principles and practices of the Pools. Positive responses have also been received from our actuary, brokers and claims management team regarding WCC’s operations and ongoing commitment to the Pools.

Results of the Due Diligence Review

11. KPMG was engaged to undertake a comprehensive review of WCC’s operations and response to risk. This involved interviewing staff at WCC and reviewing a range of documents which address the issues raised in the brief. The working party met with KPMG at key stages to ensure the review was progressing and assess current findings.

12. KPMG completed the due diligence review and submitted the report to a special meeting of Westpool and United Independent Pools on 30 April 2010. A copy of the KPMG report was provided to all members.

13. In addition, a two-page Executive Summary was provided with a checklist of the key criteria investigated as part of this review and a copy is attached to this report (see Attachment A). The Executive Summary considers issues which were addressed by our brokers, claims management team, and actuary in an attempt to provide an overall health check.

14. KPMG has investigated each of the issues raised in the due diligence brief and is satisfied that WCC is managing their risks well and poses no material risk above that expected within a normal council operation.

15. Our claims management firm, CMA, has been working with WCC over the past 12 months and has undertaken a complete review of all files above $50,000. Claims have also been entered into our claims database and all current and new matters were referred to Westpool panel solicitors.

16. The claims reserves have been reviewed and are now consistent with our claims reserving protocols. The position has improved and no new claims of any significance have arisen in the past 12 months. WCC is recording all claims in our claims management system (CMS) and the staff are complying with procedures and practices within our claims manual.

17. CMA is satisfied that WCC have embraced the spirit and technical procedures of our claims manual. Furthermore, they comment that the claims experience in recent years is good and consistent with expectations.

18. As mentioned previously, Willis Brokers undertook a major review of WCC’s policies and insurance wording. There are some differences and it is intended that the Pools incorporate the best of each policy wording into one single document for renewal in October.

19. Willis has indicated that the following items are seen as relevant and beneficial to United Independent Pools and Westpool from an insurance perspective:

• Bulk buying power should generate favourable premiums.

• The increased size of the United Independent Pools account likely to generate further interest from the local and overseas underwriting markets.

• Strengthening of position in negotiating breadth of cover in policy wordings with insurers.

• Opportunity to explore insurance products, currently purchased by WCC, which may be of interest to Westpool (i.e. Statutory Liability).

• Streamlining of marketing activities.

• Uniform service model for all members.

ISSUES/OPTIONS/CONSEQUENCES

20. In considering the application for WCC it is worthwhile considering some of the additional benefits the members will receive by the inclusion of a new member.

• The Pools grow through sharing knowledge, policies and procedures. Inclusion of WCC will bring fresh ideas which all can benefit from.

• New membership brings new individuals who can share knowledge and skills to help manage our risks.

• Inclusion of WCC increases our buying power in the insurance market which, if managed correctly, should help drive prices down.

• Westpool and United Independent Pools are susceptible to competition and loss of members could compromise our future. Similarly, inclusion of a large member should help to strengthen our position in the market and protect us from competition.

• Inclusion of WCC will bring an additional $1 million funds into both Westpool and United Independent Pools. While some of this money is used to pay insurance and running costs, up to 50% of it is retained as claims provisions and increases our investment portfolio.

CONSULTATION & TIMING

Decision of Westpool and United Independent Pools

21. The due diligence review has resulted in a comprehensive analysis of WCC risks and their actions to manage these risks. The report has considered the impact on existing members and demonstrates that the introduction of WCC will add value to our organisations and not adversely impact on existing members.

22. In light of the review Westpool and United Independent Pools have resolved to invite WCC as a full member commencing 31 October 2010.

23. A letter has been forwarded to WCC formally offering full membership to both Westpool and United Independent Pools effective 31 October 2010 once their existing insurance expires. The Boards will consider WCC’s response along with a further report on the additional equity contribution required by Westpool. In addition the Board will finalise a new Deed of Agreement which will need to be signed by each member general manager.

24. This report has been prepared to notify all members of this significant development and outline the thorough review process which has been undertaken over the past 18 months.

25. The members of Westpool and United Independent Pools consider that this recent development will strengthen our Pools and increase our position in the insurance market. The report is submitted to inform members of the pending inclusion of Wollongong City Council as a new member of United Independent Pools and Westpool effective 31 October2010.

FINANCIAL IMPLICATION FOR COUNCIL

Impact on Contributions

26. Mr Minty has undertaken a review of contributions factoring in the relative size of WCC compared to other members and their claims experience.

27. Mr Minty reported his findings to the special Board meetings of United Independent Pools and Westpool and it demonstrated that accepting WCC as a full member would not adversely impact contributions; instead members would experience slight reductions as administrative costs are shared over more members.

28. The existing equity of members would not be impacted, however in the case of Westpool, a larger pool will mean that the minimal capital requirement (MCR) would need to increase over the next few years. To address this the actuary proposes that WCC make an additional contribution to the equity and a further report was requested to determine the appropriate level of additional contribution.

Greg Smith

Group Manager - Corporate

Attachments:

1View

Wollongong City Council - Due Diligence Executive Summary

2 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 12.5

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.5

SUBJECT US Flag Raising Ceremony

REFERENCE F2004/06854 - D01531056

REPORT OF Manager - Council Support

PURPOSE:

The purpose of this report is to provide information and recommendations in response to council’s minute requesting a United States Flag Raising ceremony on an appropriate day to strengthen the relationship between Australia and the United States. This report provides statistics of American’s who have migrated to Australia and are living within the Parramatta LGA. Information provided on other flag raising ceremonies conducted by Parramatta City Council (PCC), their origins, costing, approximate number of attendees and the relevance they have to the LGA.

RECOMMENDATION

(a) That council take no further action into holding a flag raising ceremony for the United States of America.

(b) Further, that council continues to strengthen relations with the USA through PCC civic education programs.

BACKGROUND

1. Council resolved the following at the meeting of 12/04/10:

a. That a report be prepared that investigates, in association with the United States Consulate in Sydney, the conducting of a United States Flag raising ceremony on an appropriate day to strengthen the relationship between Australia and the United States.

b. That this ceremony be in the same manner as the Parramatta City Council ceremony for the Vietnamese National Day.

c. Further, that as part of the report requested in (a) above, advice be included on all flag raising ceremonies held by Council including the origin of each ceremony, cost of holding such ceremony and approximate number of attendees at each ceremony.

2. The following information is provided from the following sources:

a. Australian Government, Department of Foreign Affairs and Trade website;

i. The relationship between Australia and the United States is one perceived as a strong one.

ii. Australia is a close friend and security ally of the United States.

iii. The alliance is one of great depth and strength supported by a shared spirit and attitude. The United States is Australia’s most important economic partner country.

b. The Embassy of the United States, Australia website;

i. Australia and the United States are joined through a Bilateral Tie, the ANZUS treaty (Australia-New Zealand-United States) signed in 1951 and then invoked in 2001 following September 11.

ii. The White House has also released statements surrounding Mr Kevin Rudd’s visit to Washington. It Stated “The two leaders will consult on effective measures to respond to the global financial crisis, as well as Afghanistan, climate change, nuclear non-proliferation and other issues.

c. ABS Statistics according to the 2006 Census provided the following results;

i. 61,700 US born people are living in Australia

ii. 35% of that total live in New South Wales

iii. 43.7% of the population in the Parramatta LGA were born overseas

iv. 1.3% of the 43.7% were born in the United States of America.

The 2006 census contains the most current data available with the next census to be conducted in 2011. The census reported 330 people are currently located in the Parramatta LGA who were born in the United States of America.

3. Part (c) of the council resolution asked to provide the origin of each flag raising ceremony;

a. Parramatta City Council currently holds flag raising ceremonies for ethnic communities within the Parramatta LGA.

b. For a flag raising ceremony to be considered it usually requires a formal written request to be put forth to the Lord Mayor or CEO from a person or group within the community. From there its relevance and the effect and or benefit it will have on the community is determined.

c. Flag raising ceremonies’ have been held for the Greek community, Lebanese community, Vietnamese community and the Aboriginal community within the past 12 months as they have received strong support from their respective consulates and the local community.

4. Part (c) of the council resolution asked to provide the cost of holding such ceremony and approximate number of attendees at each ceremony:

a. Greek flag raising ceremony (March)

i. Approximately 400 attendees including a representative from the Greek Consulate

ii. Total cost $5,690

b. Aboriginal Sorry Day flag ceremony (May)

i. Approximately 100 attendees

ii. Total cost $3,976

c. NAIDOC flag raising ceremony (July)

i. Approximately 100 people

ii. Total cost $3,500

d. Vietnamese flag raising ceremony (August)

i. Approximately 150 attendees including representatives from the Vietnamese Consulate. Also provided an invite list and arrange a community bus for people wishing to attend.

ii. Total cost $2,077

e. Lebanese flag raising ceremony (November)

i. Approximately 80 attendees including representatives from the Lebanese Consulate.

ii. Total cost $2,077

ISSUES/OPTIONS/CONSEQUENCES

5. Due to the low numbers of persons who were born in the USA and currently reside in Parramatta, it is considered that any flag raising ceremony for USA citizens would receive minimal attendance.

FINANCIAL IMPLICATION FOR COUNCIL

6. Can range in cost from $2,000 to $5,000.

Graeme Riddell

Manager – Council Support

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 24 May 2010

Item 12.6

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.6

SUBJECT March 2010 Quarterly Review of Management Plan & Budget - D01525110

REFERENCE F2010/00523 - D01533826

REPORT OF Manager Finance

PURPOSE:

To provide the March 2010 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 March 2010 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 March 2010 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 51-52, the actual income and expenditure results for the year to March compared to the budget previously adopted by Council and revised forecasts for the full year. The Responsible Accounting Officer’s Report, on pages 7-9 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 March 2010 Quarterly Review was considered at a workshop on 17 May 2010. 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.

Alistair Cochrane

Manager Finance

Attachments:

1View

March 2010 Quarterly Review of Management Plan & Budget

55 Pages

REFERENCE MATERIAL

Council 24 May 2010

Item 12.7

GOVERNANCE AND CORPORATE

ITEM NUMBER 12.7

SUBJECT Betty Cuthbert- Civic Ceremony

REFERENCE F2008/03626 - D01536817

REPORT OF Manager - Council Support

PURPOSE:

The purpose of this report is to provide information to Council on the Betty Cuthbert monument which is to be installed at the Betty Cuthbert Shopping Centre, Victoria Road Ermington. It is to seek council approval to fund a civic ceremony and the cost of travel from Perth W.A. for Betty Cuthbert and carers (2) to attend this event.

RECOMMENDATION

(a) That council approve the holding of a public civic ceremony for the unveiling of the Betty Cuthbert monument at the Betty Cuthbert Shopping Centre, Victoria Road, Ermington.

(b) Further, that council fund the return airfares of Ms Betty Cuthbert and carers (2) from Perth to Sydney to attend the civic ceremony.

BACKGROUND

1. Council allocated $12,000 funding for the installation of a stainless steel monument as a tribute to Ms Betty Cuthbert. The monument includes an inscription detailing Ms Betty Cuthbert’s Olympic Games achievements and states her as a local legend.

2. The monument is to be installed at the Betty Cuthbert Shopping Centre on Victoria Road, Ermington.

3. The proposal of the monument was originally suggested by Mr Graeme Phipps, a resident of Ermington and was strongly supported by Council.

4. The monument is now complete and ready for installation.

5. Betty Cuthbert currently resides in Perth, WA. She has Multiple Sclerosis and has two full time carers. Ms Cuthbert has close family members living in Sydney.

6. Betty Cuthbert has advised Council she would like to attend an unveiling of this monument with her two carers.

7. Council has been informed that accommodation for Ms Betty Cuthbert and carers (2) will be funded by the Multiple Sclerosis Association in Lidcombe.

ISSUES/OPTIONS/CONSEQUENCES

8. Ms Betty Cuthbert is a local legend and Olympian and it is important Council encourage her to attend the civic ceremony. Her attendance will encourage the community to aspire to her great personal achievements.

CONSULTATION & TIMING

9. The Civic Ceremony is scheduled to take place within three months. Confirmation of Ms Cuthbert’s availability will need to be obtained.

FINANCIAL IMPLICATION FOR COUNCIL

10. Civic ceremony total costs approximately $3,000.

11. Transportation for Ms Betty Cuthbert and carers (2) from Perth to Sydney approximately $3,000

Graeme Riddell

Manager – Council Support

Attachments:

1View	Betty Cuthbert Monument	1 Page
2View	Location	1 Page

REFERENCE MATERIAL

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