MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 14 April 2008 AT 6:51 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger MP, A A Brown, J Chedid (arrived 7.13 pm), P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM (arrived 8.28 pm), O Jamal, C X Lim, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor P B Barber acknowledged the Barramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

MINUTES

SUBJECT Minutes of the Ordinary Council Meeting held on 25 March 2008.

9798 RESOLVED (Worthington/Esber)

That the Minutes be taken as read and be accepted as a true record of the Meeting

MOTION (Garrard)

That in relation to Minute No. 9773, the Lord Mayor’s comments to the effect that he is ‘comfortable with the metro strategy’ be included in the minutes.

The Lord Mayor ruled the motion out of order as a similar motion had been defeated at the 2 previous Council Meetings.

APOLOGIES

9799 RESOLVED (Wilson/Lim)

That an apology be received and accepted for the absence of Councillor B W Prudames.

DECLARATIONS OF INTEREST

1 Councillor D L Borger declared an interest in relation to Item 18 of Development Applications regarding 19 Buller Street, North Parramatta as he resides in close proximity to the subject site.

MINUTES OF THE LORD MAYOR

NOTE: A Lord Mayoral Minute is to be considered in Closed Session regarding the Appointment of an Acting General Manager.

PETITIONS

1	SUBJECT Legality of Development Application at 80 Dunlop Street, Epping REFERENCE DA/127/2005/A FROM
9800	RESOLVED (Wearne/Wilson) That the petition be received, considered in conjunction with the relevant application and reported to Council in due course.

2	SUBJECT Processing of Department of Housing Development Applications FROM
	MOTION (Garrard/) (a) That Council seek a deputation to the Minister for Planning and Minister for Housing to discuss the issues associated with the correspondence dated 27 December 2007 and the hold up of the exhibitioning of the LEP 2008. (b) That Council defer Department of Housing development applications until the deputation is held. (c) That Council seek legal Counsel’s advice on the comments raised in correspondence dated 27 December 2007 and upon receipt of such advice, the matter, if necessary, be referred to the appropriate body. (d) Further, that Council’s local Members of Parliament be requested to make appropriate representations on Council’s behalf. The motion lapsed through the want of a seconder.
	MOTION (Garrard/) That the petition be received and Council seek a deputation to the Minister for Planning and Minister for Housing to discuss the issues associated with the correspondence dated 27 December 2007 and the hold up of the exhibitioning of the LEP 2008. The Lord Mayor again ruled the motion lapsed due to the want of a seconder.

PUBLIC FORUM

SUBJECT Proposed Development - 16 Dorahy Street, Dundas

REFERENCE DA/710/2007

FROM Ms Karen O’Riordan

STATEMENT By Ms Karen O’Riordan:-

“I would like to provide the Lord Mayor and Councillors with an opportunity to understand the concerns of residents regarding the proposed development at 16 Dorahy Street Dundas. A fellow resident spoke at the last council meeting regarding applications for DA’s submitted for three applications which were deferred to allow further consideration and a site meeting which was held a couple of weeks ago.

These DA’s, and four additional DA’s that directly back on to existing properties on Paul Street Dundas, are on the development agenda for this council meeting and I wish to speak on behalf of residents regarding these applications.

The residents would like to express concerns that the consultation process has not addressed the concerns of the residents that have been expressed via letters of objection, telephone calls to council and vocally at site meetings facilitated by council.

We are concerned due to the fact that these matters have not been addressed either because of our inability to express the issues in a way that is consistent with Parramatta City Council town planning guide lines, or purely because the developer believes that paying lip service to these objections will enable the project to be passed with minor inconvenience. We would like to take this opportunity to ensure that councillors fully understand our objections prior to making a decision on behalf of the residents of Elizabeth Macarthur Ward.

I would specifically like to talk about, but not be limited to, the privacy concerns, pad height and shadowing effects caused by proposed solutions and why the proposed solutions either do not take into consideration the residents concerns or are offering a bandaid solution to a permanent and irreversible decision.

We, the residents are seeking our Councillors support in ensuring that our concerns are adequately understood and addressed by both the developer and the council before approval of this development is given.”

Note

Councillor J Chedid arrived at the meeting at 7.13 pm during consideration of this matter.

DEVELOPMENT APPLICATIONS TO BE ADOPTED WITHOUT DISCUSSION

9801 RESOLVED (Esber/Lim)

That Item Nos 1, 2 and 4 of Domestic Applications and Item Nos 11, 14, 15 and 16 of Development Applications as listed on the Agenda for the Council Meeting held on 14 April 2008 be adopted in accordance with the Officer’s recommendations.

DEVELOPMENT APPLICATIONS TO BE BROUGHT FORWARD

That due to the attendance of interested persons in the public gallery, Items 1 to 7, 10, 12, 17 and 19 of Development Applications were brought forward by the Chairperson and considered at this point in the meeting in that order.

Domestic Applications

9.1

SUBJECT 281 Church Street, Parramatta (Lot 3 DP 610555) (Arthur Phillip Ward) DESCRIPTION Proposed new signage, shopfront doors and windows and outdoor dining for an existing restaurant REFERENCE DA/1069/2007 - Submitted 11 December 2007 APPLICANT/S Designcorp Australia OWNERS Dr M F Lai and Mrs G J Lai REPORT OF Manager Development Services

RECOMMENDATION That Development Application No. 1069/2007, which seeks approval for exterior modifications including new signage, shopfront doors with associated outdoor dining to continue an existing use as a new restaurant, be approved subject to standard conditions and the following extraordinary conditions: 1 Prior to the placement of the tables, chairs, and safety barriers on Council's footpath, a licence agreement between the proprietors of the business and Council must be entered into. Please contact Property Management Officer, Parramatta City Council on 9806 5000. This consent does not operate until the licence agreement has been entered into. 2 At all times, the placement of furniture and the operation of the facility are to comply with the licence agreement, and Council's Outdoor Policy. A copy of the Policy is available from Council. 3 A public liability insurance policy is to be taken out in accordance with the terms of Council's licence agreement. The policy is to remain current for the full term of the operation of the facility on Council's footpath. A copy of the policy shall be provided to Council prior to the use of the area. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

9.2

SUBJECT G8 & G7B, 162 Church Street, Parramatta (Lot 1 in DP 731780) (Arthur Phillip Ward) DESCRIPTION Use of existing premises as an educational facility and erection of signage. Location Map - Attachment 3 REFERENCE DA/1083/2007 - Submitted 14 December 2007 APPLICANT/S GL Education Pty Ltd OWNERS Parramatta City Council REPORT OF Manager Development Services

RECOMMENDATION (a) That Council grant consent to Development Application No. 1083/2007 subject to standard conditions and the following extraordinary conditions. 1 Signage: The proposed signage on the 1^st floor above the balcony facing Darcy Street is not approved under this consent. Reason: This signage is considered excessive and would detract from the streetscape given the large fascia signs proposed on the awning to this frontage and the number of other signs along this frontage. 2 Disabled Access: Access for people with disabilities is to be maintained within the suites, with the internal fitout layout to be designed to ensure appropriate door clearances and door handle design in accordance with the requirements of the Building Code of Australia Part D3 “Access for People with Disabilities” and Australian Standard AS1428.1 (2001) - Design for Access and Mobility - Part 1 General Requirements for Access - Buildings. As a minimum, an accessible path of travel is required to the library, office, teacher’s tea room, interview room and at least one training room. Certification that the existing fitout complies with this condition, or has been altered to comply with this condition is to be provided prior to occupation. Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards. (b) Further, that the applicant be advised that the existing advertising structure on the 1^st floor of the Darcy Street frontage is to be removed within 1 month of the date of this consent. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

9.3

SUBJECT 122 The Trongate Granville (crn Charles Streets) (Lots 5A & 6A DP 159581) ( Woodville Ward) DESCRIPTION Alterations and additions to the existing dwelling comprising construction of an awning, enclosed toilet and ensuite. In addition, the application proposes alterations to the existing hairdressing salon to incorporate a sliding door to the northern elevation of the building. REFERENCE DA/603/2007 - Submitted 7 August 2007 APPLICANT/S Mrs A Khoury OWNERS Mrs A Khoury REPORT OF Manager Development Services

9802

RESOLVED (Garrard/Walsh) That consideration of this matter be deferred for an on-site meeting with interested Councillors, the applicant and objectors to be held on Tuesday 22 April 2008 at 5.00 pm.

9.4	SUBJECT 10 Purchase Street Parramatta (Lot E DP 172693) DESCRIPTION Addition to the rear of the existing heritage listed dwelling. Locality Map - attachment 2 REFERENCE DA/823/2007 - Submitted 2 October 2007 APPLICANT/S Ms R E Evans OWNERS Ms R E Evans REPORT OF Manager Development Services
	RECOMMENDATION That Council grant consent to Development Application 823/2007, subject to standard conditions. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

Development Applications

10.1

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 18) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Further Report - Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 18. REFERENCE DA/710/2007 - Submitted 31 August 2007 APPLICANT/S Defence Housing Authority OWNERS Defence Housing Authority REPORT OF Manager Development Services

9803 9804

RESOLVED (Wearne/Worthington) That Items Nos 1, 2 and 3 of Development Applications be considered in conjunction with each other. RESOLVED (Wearne/Brown) (a) That Council grant consent to Development Application No. 710/2007 subject to standard conditions. (b) That objectors be advised of Councils decision. (c) Further, that in granting the above consent, Council recognises the difference of the impact of the northern side development on surrounding residents compared to the southern side development.

10.2

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 19) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Further Report - Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 19. REFERENCE DA/711/2007 - Submitted 31 August 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9805

RESOLVED (Wearne/Brown) (a) That Council grant consent to Development Application No. 711/2007 subject to standard conditions. (b) That objectors be advised of Councils decision. (c) Further, that in granting the above consent, Council recognises the difference of the impact of the northern side development on surrounding residents compared to the southern side development. Note This matter was considered in conjunction with Items 1 and 3 of Development Applications.

10.3

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 20) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Further Report - Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 20 REFERENCE DA/712/2007 - Submitted 31 August 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9806

RESOLVED (Wearne/Brown) (a) That Council grant consent to Development Application No. 712/2007 subject to standard conditions. (b) That objectors be advised of Councils decision. (c) Further, that in granting the above consent, Council recognises the difference of the impact of the northern side development on surrounding residents compared to the southern side development. Note This matter was considered in conjunction with Items 1 and 2 of Development Applications.

10.4

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 10) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) (Location Map - Attachment 3) DESCRIPTION Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 10. REFERENCE DA/778/2007 - Submitted 19 September 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9807

RESOLVED (Borger/Chedid) (a) That consideration of this application be deferred and the applicant be requested to redesign the application so as to substantially reduce the impact of the development on adjoining properties facing Paul Street. (b) Further, that the applicant be advised the current proposal has unacceptable impacts on the adjoining properties facing Paul Street in terms of privacy and overlooking.

10.5

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 11) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) (Location Map - Attachment 3) DESCRIPTION Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 11. REFERENCE DA/777/2007 - Submitted 19 September 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9808 9809

RESOLVED (Borger/Chedid) That Item Nos 5, 6 and 7 of Development Applications be considered in conjunction with each other. RESOLVED (Borger/Chedid) (a) That consideration of this application be deferred and the applicant be requested to redesign the application so as to substantially reduce the impact of the development on adjoining properties facing Paul Street. (b) That the applicant be advised the current proposal has unacceptable impacts on the the adjoining properties facing Paul Street in terms of privacy and overlooking. (c) Further, that Council engage an urban designer to review the application.

10.6

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 12) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) (Location Map - Attachment 3) DESCRIPTION Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 12. REFERENCE DA/780/2007 - Submitted 19 September 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9810

RESOLVED (Borger/Chedid) (a) That consideration of this application be deferred and the applicant be requested to redesign the application so as to substantially reduce the impact of the development on adjoining properties facing Paul Street. (b) That the applicant be advised the current proposal has unacceptable impacts on the the adjoining properties facing Paul Street in terms of privacy and overlooking. (c) Further, that Council engage an urban designer to review the application. Note This matter was considered in conjunction with items 5 and 7 of Development Applications.

10.7

SUBJECT 16 Dorahy Street, DUNDAS (Proposed Lot 13) (Lot 11 DP 867610) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a 2 storey dual occupancy development with Torrens title subdivision on proposed Lot 13 (Location Map - Attachment 3) REFERENCE DA/779/2007 - Submitted 19 September 2007 APPLICANT/S Defense Housing Authority OWNERS Defense Housing Authority REPORT OF Manager Development Services

9811

RESOLVED (Borger/Chedid) (a) That consideration of this application be deferred and the applicant be requested to redesign the application so as to substantially reduce the impact of the development on adjoining properties facing Paul Street. (b) That the applicant be advised the current proposal has unacceptable impacts on the the adjoining properties facing Paul Street in terms of privacy and overlooking. (c) Further, that Council engage an urban designer to review the application. Note This matter was considered in conjunction with items 5 and 6 of Development Applications.

10.8	SUBJECT 153 Woodville Road Merrylands (Sec 6 Lot 5 DP 947) (Woodville Road) DESCRIPTION Section 82A review of the determination of the refusal for an advertising sign. Location Map - Attachment No 3 REFERENCE DA/668/2006 - Submitted 27 July 2006 APPLICANT/S W Gabrael OWNERS Draybi Brothers Pty Ltd REPORT OF Manager Development Services
9812	RESOLVED (Walsh/Finn) (a) That Council uphold the refusal of Development Application No 668/2006 and refuse the consent for the construction of advertising signage. (b) Further, that the objectors be advised of Council’s decision.

10.9

SUBJECT Church Street Mall (between Macquarie and Darcy Streets Parramatta) DESCRIPTION Use of the Church Street Mall between Macquarie Street and Darcy Street on Saturdays for a public market (defined as community facility) REFERENCE DA/708/2007 - Submitted 30 August 2007 APPLICANT/S Krisari Farmers Markets Pty Ltd OWNERS Parramatta City Council REPORT OF Manager Development Services

9813

RESOLVED (Finn/Jamal) (a) That development application No. 708/2007 be approved subject to standard conditions and the following extraordinary conditions; 1 The market operator shall enter into a Market Operator Agreement (MOA), with such agreement being generally in accordance with Appendix C of the tender documents. A copy of Appendix C is to be attached to the development consent when issued by Council. 2 In respect of that part of the market site shown as public road on the site plan, and subject always to the obtaining of the required development consent, the relationship between the parties will be regulated by any street vending consent and activity approval granted by Council. Appendix “B” of the tender document sets out the minimum conditions likely to be imposed by Council when granting the street vending consent and the Tenderer acknowledges that if such a consent is granted the Council reserves the right to impose further conditions or conditions different than those in Appendix “B”. 3 The maximum number of stalls shall be 46. 4 The operator shall notify Parramatta Police Local Command by certified mail of the intention to operate the markets at least 14 days prior. An annual list of dates for the market operation shall be provided to NSW Police along with the specific contact details of the Market organiser including a mobile telephone number. 5 Council requires the Mall for Civic duties during the year which may require all or part of the Mall to be used for up to 3 days a year. At least one months notice will be provided to the market operator by Council regarding these specific dates during the year. 6 All stalls where fresh food is handled shall be operated by a person with the appropriate safe handling experience. 7 Council may as the need arise be required to undertake emergency repairs to infrastructure whilst the Mall is being used by the operator. By activating the consent the operator accepts that Council or contractor intervention may be required to fix infrastructure that may interrupt market proceedings. The operator by activating the consent absolves Council from all losses or damages that may result from repair or emergency works. 8 That the consent is valid for two (2) years in line with the tender acceptance. A further development application is required to be submitted should the market wish to continue operations. 9 Prior to the operation of the markets a promotional plan and communications plan shall be approved by Council dealing with the following: 9.1 Advertising and promotion of the market and, 9.2 Contact protocols between the market operator and Council’s relevant staff plus provision for inclement weather 10 No promotional material or signage is approved under this application. 11 A number of food stall types listed deal with high risk foods such as seafood, poultry and dairy wholesalers/processing. These are subject of specific licensing requirements under food safety schemes by the NSW Food Authority. A copy of the relevant approval is to be submitted to Council prior to operation of the Markets. 12 Market operator is to provide written confirmation that staff training has occurred on site regarding the directions to be given to emergency services.  The local ambulance officer shall be requested to attend that induction training. 13 Traffic marshals are to be provided in accordance with updated Traffic Management Plan as submitted 28^th March 2008. 14 The market operator is responsible for the collection and emptying of all recycling and general rubbish bins (including existing Council bins). The bins are to be provided in accordance with the waste management plan submitted 28^th March 2008 and must be of a type that allows for re lining. All waste shall be separated and recycled and removed entirely from the site by 4.00pm each Saturday. All stall holders are to remove rubbish from the stalls and dispose at approved waste centre. Confirmation of the waste disposal shall be provided by each stall holder to the market operator. 15 The sink, toilet and generator shall be relocated so they do not project past any point westward of the shopfront of the adjacent 7 11 store. An amended plan shall be submitted to Council and approved showing the appropriate changes prior to operating the Markets. 16 An amended plan showing the minor realignment of stalls referred to as 50 to 57 in the plans submitted with the development application so that the stalls do not extend further westward than the awning of the adjacent 7 11 store at No. 1/188 Church Street. The amended plan is to be approved by Council prior to the markets operation. 17 A maximum of six (6) stalls will be permitted to sell food for immediate consumption. 18 No liquor to be sold at the markets. 19 Public liability of no less than $20 million and a certificate of currency is to be provided to Council prior to market operations commencing. 20 Each stall holder to have a public liability of no less than $10 million and the individual certificate of currencies forwarded to the market operator and handed to Council as a complete document prior to commencement of market operations. 21 All seven (7) staff members including the manager of the markets is to be present at 6.00am, during the set up and remain until all stalls and clean up is completed following market closure. 22 The market operator shall comply with the waste and traffic management plan details as submitted to Council on the 28^th March 2008. A copy of the plans shall be provided to each stall holder by the operator. 23 A Market employee shall be positioned at the vehicle entry point at all times to ensure no unauthorised entry. The market operator is to issue entry permits having vehicle registrations or drivers licence numbers identifying market operators. 24 The emergency response plan prepared by the market operator authorised by the NSW Ambulance Service is to remain feasible at all times and all staff and stall holders are to be familiar with the existence and terms of the plan. 25 The stalls are to have a uniform colour that being white. No reflective colours, banners or signs shall be used. All stalls are to be of a high quality and kept clean at all times. 26 Market operator to provide the location and type of ‘fast food’ stalls, and confirm adequacy of provision of space for storage, preparation, cleansing and display activities associated with these stalls, as distinct from market stalls where no food preparation is intended. Amended details are required for Council approval prior to commencement of operations. 27 A food safety management plan prepared by a suitably qualified and competent person, identifying risks to food safety, the role of food businesses, market operator and other agencies and actions to address these risks. 28 No amplified music at any time. 29 The appropriate licenses issued by the NSW Food Authority shall be obtained and provided to Council for the sale of high risk poultry, meats and seafood’s prior to the commencement of the market operations. 30 CONDITION DELETED 31 In order to ensure the markets are principally farmers markets a maximum of 6 stalls shall be dedicated to fast food items (ie. foods designed to be eaten upon purchase eg drinks, pies, kebab, sushi, hot chips or the like). A plan showing the exact location of the 6 stalls shall be provided to Council prior to commencement of the markets. 32 The Mall area is to remain accessible and safe at all times. 33 No spruikers shall operate at the Markets. 34 The proposed generator shall have a sound proof enclosure having the appropriate ventilation so that it is not audible within the Church. The enclosure shall be designed by a suitably qualified acoustic engineer. 35 A separate facility shall be provided for the washing of hands over and above the original 500litre washing device so as to avoid cross contamination issues. 36 The operator is to at a minimum carry out the requirements of the Food Safety Management Plan submitted with the application. 37 There are to be no tables or chairs set up adjacent to any stall. 38 A security guard or staff member shall be positioned in the area adjacent to the St John’s Church so as to minimise any adverse impacts on the Church grounds. 39 The farmers markets shall engage a person to walk continuously through the markets area collecting wind blown and pavement rubbish from 8.00am to 2.00pm. 40 All trucks over 3m are to be directed through Civic Lane around the rear of the library and through the drop down chain into Civic Place car park prior to the markets commencing. 41 All additional stock required during the days trade is to be transferred by trolley. 42 Any stall holder not complying with the terms and conditions of the consent must be directed to leave the markets. 43 All trucks used in association with the markets shall park strictly in accordance with the parking plan provided for Civic Place car park. The applicant is to obtain approval from Council’s Property Section for the use of part of the car park for the purposes of truck parking prior to the commencement of the markets. (b) Further, that the objectors be advised of Council’s decision. NOTE: 1 The deletion of condition 30 may have an effect on condition 3 of the consent. 2 Councillors J Chedid & C X Lim requested their names be recorded as having voted against this decision. 3 Councillors D L Borger and O Jamal requested their names be recorded as having voted in favour of this decision.

10.10

SUBJECT 215 - 217 Church Street, Parramatta (Lot E DP 15013) (Arthur Philip Ward) DESCRIPTION Use of a Heritage Listed premises as a Hotel Location Map - Attachment 2 REFERENCE DA/398/2007 - Submitted 25 May 2007 APPLICANT/S Kelly Liquor Group OWNERS Mr Sid Arida, Mr Joseph Arida, Mr George Arida and Mr Tony Arida REPORT OF Manager Development Services

9814

RESOLVED (Worthington/Lim) (a) That Council grant consent to Development Application No. 398/2007 subject to standard conditions and the following extraordinary conditions: 1 The Hotel shall operate in accordance with the approved Noise Assessment Report prepared Far West Consulting Engineers dated 13 February 2008. Reason: To minimise the impact on the amenity of the area. 2 An Amended Plan of Management shall be submitted to Council prior to the release of the Construction Certificate. The Plan of Management approved through this consent shall be amended to reflect all conditions of consent. Reason: To provide appropriate management of the Hotel. 3 The maximum number of patrons shall not exceed 200 at any time. Reason: To ensure the development does not expand beyond that approved. 4 That the premises trading hours to be restricted to the following:- Monday 11am to 11pm Tuesday 11am to 11pm Wednesday 11am to 11pm Thursday 11am to 12am Friday 11am to 1:30am Saturday 11am to 1:30am Sunday 11am to 10pm 5 Music on the premises shall not exceed 85dBA at any given time. Reason: To minimise the impact on the amenity of the area. 6 Hotel Management is to ensure that all staff are aware of all complaints received from adjoining / nearby residents and that measurements are to be implemented to minimise any disturbance to the amenity. Reason: To protect the amenity of the area. 7 Closed circuit video surveillance cameras shall be installed so as to provide coverage of the entry area to the premises from Church Street and the Right of Way area to the north of the premises and the laneway to the west of the premises. The cameras shall be selected so as to provide images of a quality satisfactory to the Commander of the Parramatta Local Area Command of the NSW Police Service. The cameras shall record continuously while the Hotel is open for trade and for, at least, 30 minutes after the cessation of trading. The surveillance system shall display images in real time on screens where staff, security personnel and / or patrons can see them. All recording made by the system shall be kept for one month before being erased. All recordings shall be made available to the NSW Police Service and either Council within 36 hours of any request received either in writing or electronically for access to them. Signs shall be displayed to the effect that the area is under video surveillance. Reason: To protect the amenity of the area. 8 The Management of the Hotel shall enter into an arrangement with an independent contractor for the provision of security personnel at and around the Hotel. That arrangement will include a provision that the contractor will supply additional personnel within 1 hour at any time if it is requested to do so by the licensee or the duty manager at the Hotel. Reason: To protect the amenity of the area. 9 Security personnel must be present at the Hotel from 8:00pm on any evening until, at least, 30 minutes after the Hotel ceases to trade or all patrons have left the Hotel. Reason: To protect the amenity of the area. 10 That a minimum of 4 security staff be provided on Friday and Saturday between 8pm and closure and the number of security personnel on other nights shall be a minimum of 1 prior to 10pm and 2 after 10pm. Reason: To protect the amenity of the area. 11 The licensee shall contact local taxi companies when requested by patrons and request them when picking up passengers from the Hotel to do so outside the front of the premises on Church Street. No charge shall be made for this service. Reason: To protect the amenity of the area. 12 Patrons should be requested, by appropriate signage, not to take liquor in open containers off the licensed premises. Staff and security personnel should take all reasonable measures to prevent patrons leaving the licensed premises with open containers. Reason: To comply with licensing requirements. 13 Each night after the closure of the Hotel, staff and security personnel should be assigned to gather any debris or litter which appears to be due to the Hotel. Reason: To protect the amenity of the area. 14 No approval is given under this Development Application for any gaming machines as Council is not the consent authority for gaming machines. Reason: To comply with legislative requirements. 15 The proposal does not grant approval for any outdoor seating along the Church Street frontage. Any outdoor seating within Church Street requires further approval of Council. Reason: To ensure compliance with this consent. (b) Further, that the objectors be advised of Council’s decision.

10.11

SUBJECT 289-291 Church Street, Parramatta
(Lot 4 DP25055 & appt row, Lot 3 Sec 24 DP 25055)
Location Map - Attachment 2

DESCRIPTION Section 96(1A) modification to an existing restaurant to install under awning heating devices to an outdoor dining area.

REFERENCE DA/623/2006/A - Submitted 22 October 2007

APPLICANT/S Mr F Criniti

OWNERS Parramatta City Council

REPORT OF Manager Development Services

RECOMMENDATION

That Council modify Development Consent No. 623/2006 in the following manner;

1 Condition 1 is to be amended to read as follows:

1 The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Document	Dated
Plans 1 to 11 Job No. 27328
Drawing 1/2 Site/floor plan prepared by idraft plans Pty Ltd	17 October 2007
Drawing 2/2 Church Street elevation prepared by idraft plans Pty Ltd	17 October 2007

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Reason: To ensure the work is carried out in accordance with the approved plans.

2 The following conditions are to be added to the development consent:

32 The two under awning gas heaters are to be connected to a removable gas cylinder, which is to be located within the existing outdoor dining area and is to be removed from public land and appropriately stored when not in use. Details are to be submitted to the PCA prior to the issue of the amended construction certificate.

Reason: To comply with the Outdoor Dining Policy 2006

33 Details of the type, location and design of all heating devices are to be submitted to the PCA prior to the issue of the amended Construction Certificate.

Reason: To comply with the Outdoor Dining Policy 2006

NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

10.12

SUBJECT 2B Fleet Street, North Parramatta (Arthur Phillip Ward) DESCRIPTION Development Application No. 713/2007 that seeks approval for the demolition of a two storey hostel (hospital) and construction of a new three storey hostel in two separate buildings. REFERENCE DA/713/2007 - Submitted 6 September 2007 APPLICANT/S Resitech (Department of Housing) OWNERS NSW Land & Housing Corporation REPORT OF Manager Development Services

9815

MOTION (Finn/Jamal) That consideration of the application be deferred pending a redesign of the proposal to address the impact on the courtyard and privacy of the adjoining nursing home. AMENDMENT (Borger/Brown) (a) That, subject to the written approval of the Department of Housing or the Minister and in accordance with Part 116C of the Environmental Planning & Assessment Act 1979, the application be approved subject to standard, and the following extraordinary, conditions: 1 Cameras (CCTV) are to be installed allowing a view of all entry and exit points from both buildings and the carparking area. The cameras are to monitor activities 24 hours per day and digital technology shall be utilised. The control area shall be strategically placed within the building in order to maximise surveillance opportunities. It is the applicant’s responsibility to ensure that the Surveillance and Privacy Act are adhered to. Reason: For safety purposes and crime deterrence. 2 Security access or swipe cards are to be used for all secure areas within the premises. Reason: For the safety of staff. 3 A monitored intruder alarm system shall be installed upon the premises and shall be designed to the Australian Standard (Domestic & Commercial Alarm Systems). Movement detection devices (with lights) shall be strategically located around the premises. Reason: To enhance safety. 4 All lighting on the site shall be designed to ensure no adverse impact on the amenity of the surrounding residential area by light overspill. Lighting shall comply with Australian Standard 4282-1997: Control of the Intrusive Effects of Outdoor Lighting. Reason: To protect the amenity of surrounding residents. 5 The design of the facility must permit effective, appropriate, safe and dignified use by all people, including those with disabilities and must be in accordance with: NSW Health Facility Guidelines, in particular Part B – Design for Access, Mobility, OH&S and Security. DDS32 Improved Access for Health Care Facilities. AS1428 The Building Code of Australia Commonwealth Disability Discrimination Act 1992 NSW Anti-Discrimination Act 1977 Reason: To ensure equity. 6 An operational management plan in one complete document shall be submitted prior to the use commencing and submitted to Council to form part of this consent, addressing such matters as: minimisation of anti-social behaviour visitor and staff safety site security noise management lighting procedures when the premises is fully occupied fire safety Reason: To promote the safety for residents, visitors and staff. 7 At any time, the hostel is limited to a maximum of 48 adults (some flexibility should be provided for accompanied children sharing rooms with parents/guardians) for accommodation purposes. Reason: To comply with the terms of this consent. 8 A notice is to be permanently affixed in a public location that is readable from a public footpath, specifying a 24 hours contact telephone number of the manager/ supervisor on duty. Reason: To advise the public of an appropriate contact number in the event of an incident. 9 The existing footpath adjacent to the site in Fleet Street shall be extended to the gap in the stone wall in Fleet Street at no cost to Council, but in accordance with Council’s specifications. No structures are to be erected on the land between the site’s western boundary and the heritage-listed stone wall, nor between the northern boundary and the same wall in Albert Street without the prior approval of Council and owner’s consent being obtained. Reason: To improve pedestrian access. 10 The BBQ area and courtyard located adjacent to the southern boundary of the site shall be limited in use to the ours of 7.00am – 7.00pm daily (8.00pm during daylight savings time). Reason: In order to avoid impact on the amenity of adjoining residents. 11 Delivery vehicles using the service driveway shall be restricted to the hours of 7.00 am to 5.00 pm, Mondays to Fridays and 8.00 am to 1.00 pm Saturdays. Reason: In order to avoid impact on the amenity of adjoining residents. 12 The service driveway shall have a lockable gate in order to restrict access to this area to staff and contractors only. Details to be submitted to Council prior to work commencing. Reason: For safety and to avoid adverse impacts on adjoining residents. (b) Further, that the objectors be advised of Council’s decision. The amendment was withdrawn by the mover, Councillor D L Borger. The motion was put and carried. NOTE: Councillor A Issa, OAM arrived at the meeting at 8.28 pm during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.35 pm for a period of 20 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.55 pm there being in attendance The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger, A A Brown, J Chedid, P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM, C X Lim, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

Note

In view of items having been brought forward to accommodate persons in the public gallery, the next item considered was Item 17 of Development Applications regarding 2 Stewart Street.

10.13

SUBJECT McCoy Park, 26 Mimosa Avenue, Toongabbie Lots 17-20 in DP 8408, Part Portion 144 and Lot A in DP 29128 (Caroline Chisholm) DESCRIPTION Erection of 4 floodlight towers and use of park for sports training seven days a week until 10.00pm. REFERENCE DA/490/2007 - Submitted 28 June 2007 APPLICANT/S Parramatta City Council OWNERS Parramatta City Council REPORT OF Manager Development Services

9816

MOTION (Worthington/Jamal) That consideration of this matter be deferred and in the meantime, Councillors be provided with a list of all persons notified in relation to the proposal. AMENDMENT (Chedid/Wilson) (a) That Council grant consent to Development Application No. 490/2007 subject to standard conditions and the following specific conditions. Hours of Use 1. Sports training at the park shall cease by 9.00pm Monday to Saturday and by 8.00pm on Sundays and Public Holidays. The sports fields are not to be utilised for competition games under floodlighting. Hours of Operation of Lighting 2. The floodlighting of the sports fields is to be turned off by no later than 9.00pm Monday to Saturday and by 8.00pm on Sundays and Public Holidays. The floodlighting is not to be used during daylight. The floodlighting is not to be turned on unless the sports fields are intended to be used that same day and is to be switched off as soon as the use is completed. The lights are to be turned on by an automatic timing system controlled by Council staff, with lights turned off by users or Council staff and an automatic timing system is to be installed preventing use beyond the approved hours of use. Car Parking 3. The car parking area accessed off McCoy Street is to be open and available for use by users of the park at all times of operation of the floodlighting. Complaints Handling Procedure 4. A complaints handling procedure is to be prepared and provided to Council for approval prior to the first use of the floodlighting. The complaints handling procedure is to detail the process for handling complaints related to the extended hours of use of the park under floodlighting, including but not limited to nuisance from lighting, noise and patron behaviour. Details are to include: 4.1 a manned contact phone number for complaints; 4.2 specified timeframes for response to complaints; 4.3 appropriate methods of response (i.e. written or verbal); and 4.4 measures that may be used in response to complaints (such as the number of warnings given to organizations against which numerous complaints are received and likely penalties including banning use by the organization and/or limitations on the hours of use by such organisations). 4.5 A copy of the complaints handling procedure is to be provided to all organisations using the park under floodlighting. A letter summarizing the procedure and providing the contact number is to be sent to all residents notified of the development application prior to the commencement of the use of the park under floodlighting. Flood Proofing the Lighting Tower Equipment 5. All electrical wiring and accessories related to the lighting poles are to be provided above 28.15m AHD. All underground cable/duck or similar are to be flood proofed. Details are to be provided prior to the commencement of works. Specification of Lighting 6. The flood lighting to be installed is to be in compliance with the lighting design and report detailed in the letter dated 6 February 2006 by Sylvania Lighting Australasia. Details are to be provided prior to the commencement of works. (b) Further, that a memorandum be provided to Councillors outlining the number of sporting organisations that utlilise this park. The amendment was put and lost. The motion was put and carried.

10.14

SUBJECT 33-35 Wigram Street and 31 Allen Street Harris Park (Lots 2-5 DP 13579 and Lots 1 & 3 DP 315922) (Elizabeth Macarthur Ward) Location Map DESCRIPTION Alterations and additions to St Olivers Primary School REFERENCE DA/1025/2007 - Submitted 26 November 2007 APPLICANT/S Catholic Education Office - Diocese of Parramatta OWNERS The Trustees of the Roman Catholic Church - Diocese of Parramatta REPORT OF Manager Development Services

RECOMMENDATION (a) That Development Application No. 1025/2007 be approved subject to standard conditions. (b) Further, that the objector be advised of Council’s decision. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

10.15

SUBJECT 3-7/52 George Street, Parramatta (Lot 3 SP 21427, Lot 7 SP 32000) (Arthur Phillip Ward) DESCRIPTION To fitout and use the premises as a Thai Restaurant, including changes to the shopfront, and the installation of two building identification signs. REFERENCE DA/992/2007 - Submitted 16 November 2007 APPLICANT/S Jimmy Zhou OWNERS Mr A P Kathestides REPORT OF Manager Development Services

RECOMMENDATION That Council grant consent to Development Application No 992/2007 subject to standard conditions and the following extraordinary condition: 1 Further consent is to be obtained prior to the use of outdoor dining amenities; and is to comply with the Parramatta City Council Outdoor Dining Policy 2006. Reason: To protect the amenity of the area. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

10.16

SUBJECT 73 Marion Street, Harris Park (Lot 8 DP 2114) (Elizabeth Macarthur Ward) DESCRIPTION The erection of two building identification signs on an existing Medical Centre. REFERENCE DA/1035/2007 - Submitted 29 November 2007 APPLICANT/S Ozedocs Pty Ltd OWNERS Ozedocs Pty Ltd REPORT OF Manager Development Services

RECOMMENDATION (a) That Development Application No 1035/2007, which seeks approval for two identification signs, be approved, subject to standard conditions and the following extraordinary condition. 1 The background colour of the proposed under awning sign and notice board sign are to be modified so as to be beige or off-white tone. Details of the colours are to be submitted to the satisfaction of the PCA prior to the issue of the Construction Certificate. Reason: To protect the amenity of the area. (b) Further, that objectors be notified of Council’s decision. NOTE: This matter was adopted under Minute No 9801 - Development Applications Adopted Without Discussion.

10.17

SUBJECT 2 Stewart Street (corner Marsden Road), Ermington

DESCRIPTION Further report - Development Application No.43/2007 that seeks approval for demolition, tree removal, restoration of a heritage-listed building and the construction of a new building that will be used as a multi-purpose community facility.

REFERENCE DA/43/2007 - Submitted 25 January 2007

APPLICANT/S ProjectVision

OWNERS Vedanta Centres of Australia Limited

REPORT OF Manager Development Services

9817

RESOLVED (Chedid/Lim)

(a) That the application be approved subject to standard, and the following extraordinary, conditions:

1 The existing median island on Marsden Road is to be extended beyond the access point to prevent right turns from the driveway. The applicant shall discuss this matter directly with the RTA.

Reason: To satisfy the requirements of the RTA.

2 Provision must be made to accommodate all vehicles associated with demolition and construction activities as the use of Marsden Road and Stewart Street for this purpose is not permitted.

Reason: To ensure that traffic flow is not unduly affected.

3 Existing parking restrictions must be retained and existing ‘NO PARKING’ along the frontage of the development site is to be replaced with ‘NO STOPPING’ restrictions. This restriction shall be implemented prior to the commencement of any demolition works on site.

Reason: Safety purposes and to comply with RTA requirements.

4 The proposed deck adjacent to the western boundary of the site is to be used in association with the day to day needs of the residents of the premises and not to be used for gatherings, activities, entertainment or any other use associated with the community facility. The proposed timber screening of the deck shall have a height of no less than 1.5 metres above the finished floor level of the deck.

Reason: To protect the privacy of the adjoining residents.

5 The hours of operation of the proposed activities shall be limited to the following:

Group	Activity	Volume/Hours
Children	Story-telling & Indian music	25 children per week, between the hours of 8.00am and 8.00pm Sundays to Thursdays and 8.00am to 9.00pm Fridays and Saturdays.
Youth	Youth forums	20 persons per week between 8.00am and 8.00pm Sundays to Thursdays and 8.00am to 9.00pm Fridays and Saturdays.
Adults	Yoga	Twice weekly evening classes. 15 person maximum. 7.30pm to 9.00pm.
General	Yoga philosophy*	Once per week, 60 persons maximum. 7.30pm to 9.00pm.
General	Meditation	Every evening. 10-15 persons maximum from 7.30pm to 9.00pm.
General	Counselling	Daytime. Maximum 6 persons at any one time.
General	Birthday vigil*	4 times per year, 60 persons maximum. Residents within 100m radius of the site to be advised by letter-drop 2 weeks prior to the event detailing the theme of the event and the proposed duration.
General	External Amplified music	Only in association with the 4 x birthday vigils, but to no later than 9.00pm (8.00pm if on a Sunday)

* The Yoga Philosophy classes and birthday vigils are NOT to be held on the same day.

6 The bin store and store room adjacent to proposed Unit 9 are to be deleted. The bin store to be located in the basement carpark with details to be provided in the construction certificate.

Reason: To protect the heritage integrity of the dwelling.

7 The proposed gazebo structure shall be deleted from the proposal.

Reason: To protect views to and from the site.

8 No greater than 15 persons shall reside on the premises at any one time. ‘Residing’ shall include short term and long term accommodation.

Reason: To comply with the terms of this consent.

9 In relation to the removal of Tree No.1, the Ring-Tailed Possum currently residing in the tree shall be rescued and relocated by an experienced person or a group such as WIRES, prior to the removal of the tree.

Reason: To allow the possum to be relocated.

10 The premises is only to be used in association with the Community Facility and is not to be used as backpacker’s accommodation, a hotel or a boarding house.

Reason: To ensure compliance with the terms of this consent.

11 A permit under the Section 140 of the NSW Heritage Act (or an exemption from seeking that permit) shall be obtained prior to the issue of a Construction Certificate.

Reason: Having regard to potential archaeological finds.

12. Details of the external restoration of the heritage listed house to be submitted as part of the construction management plan showing the timing of restoration integrated with the new building and with the simultaneous submission of both building certificates.

13 Fencing along Stewart Street to be 1.2 metres the entire length.

(b) That the objectors be advised of Council’s decision.

(c) Further, that Council’s traffic section monitor traffic in the vicinity for 2 years from the issue of the development consent and report to Councillors on this issue.

NOTE: Councillor O Jamal returned to the meeting at 9.00 pm during consideration of this matter.

10.18

SUBJECT 19 Buller Street, NORTH PARRAMATTA (Lot 1 DP 115081) (Arthur Philip Ward) DESCRIPTION Section 96(1A) modification to DA/1093/2004/A approved for the construction of a two-storey dual occupancy with Strata subdivision. The modification seeks to change the subdivision type from strata subdivision to Torrens title. (Location Map - Attachment 1) REFERENCE DA/1093/2004/A - Submitted 19 October 2007 APPLICANT/S CV Foreshore Surveyors OWNERS Oakland Investments REPORT OF Manager Development Services

9818

RESOLVED (Jamal/Esber) That Council grant consent to modify Development Application 1093/2004 dated 23 May 2005 in the following manner: 1 The description of the approved development is as follows: Construction of a detached dual occupancy development with Torrens title subdivision. NOTE: Councillor D L Borger declared an interest as he resides in close proximity to the proposal and temporarily retired from the meeting during consideration of this matter.

10.19

SUBJECT 44 Lakeside Road, Eastwood (Lot 77 DP 8424) (Lachlan Macquarie Ward) DESCRIPTION Completion of the partially constructed dwelling additions including a new roof and the use of the building for residential purposes. REFERENCE DA/413/2007 - Submitted 1 June 2007 APPLICANT/S Mr C C Wong and Mrs Y W Yi OWNERS Mr C C Wong and Mrs Y W Yi REPORT OF Manager Development Services

9819

MOTION (Worthington/Finn) (a) That consideration of this application be deferred until such time as issues raised by Foggins Boyle, Epping Civic Trust, Fong and Chung and at the on site meeting are fully investigated and reported on together with any subsequent action that has resulted. (b) Further, that during the deferral period, the applicant be requested to redesign the proposal to allow a metal pitched roof with pitch through the middle at 8 degrees. AMENDMENT (Wilson/Wearne) (a) That Council grant consent to DA/413/2007 subject to standard conditions with the following additional conditions:- 1 The roof to be metal pitched north/south with pitch through the middle at 8 degrees and be of a non reflective matt heritage colour. 2 Removal of bearers and joists for the upper floor. 3 1.5 m lapped and capped fencing to be provided on all boundaries (except front boundary) such fencing not to be stepped. (b) Further, that a further report be provided to Councillors on the issues as raised by Foggins Boyle, Epping Civic Trust, Fong and Chung and at the on site meeting together with any subsequent action that has resulted. The amendment was put and carried and on being put as the motion was again carried. NOTE: Councillor C E Worthington requested his name be recorded as having voted against this decision.

Suspension of Standing Orders

9820 1 9821

RESOLVED (Finn/Wilson) That Standing Orders be suspended to enable consideration of an urgent motion relating to the Parramatta Liquor Accord. The Chairperson ruled that the matter was one of urgency. SUBJECT Parramatta Liquor Accord REFERENCE FROM Councillor J D Finn RESOLVED (Finn/Lim) (a) That Council receive an urgent report relating to the Parramatta Liquor Accord together with advice from Sydney City Council on the successful use of that Council’s liquor accord. (b) Further, that following the above report , Council staff seek comment from a suitably qualified expert from the Bureau of Criminology.

2	SUBJECT Security and Cleanliness Issues in Vicinity of Fleet Street, North Parramatta FROM Councillor C X Lim
	MOTION (Lim/) That an update on cleanliness, security and lighting issues in the area surrounding Fleet Street, North Parramatta and the stairway connecting Fleet Street to Albert Street be provided. The Lord Mayor advised that this matter was not of an urgent nature but undertook to provide Councillor Lim with a memorandum on this issue.

3

SUBJECT Progress Report on Work undertaken by Stategic Analyst, Crime and Corruption Prevention Officer FROM Councillor P J Garrard

9822

RESOLVED (Garrard/Lim) (a) That a progress report be provided by the Stategic Analyst, Crime and Corruption Prevention Officer on the work carried out to date since his appointment and further, that the officer’s view be sought on what actions need to be undertaken in order to oversee the regulatory and development functions of Council, so as to ensure appropriate and responsible standards of approval practices covering brothels, massage parlours, licensed premises, tattooists and piercing estabishments. (b) Further, that in order to better address the public interest and future integrity of the City’s governance around such issues of brothels, licensed premise, massage parlours, tattoists and piercing establishments, that an independent report be brought forward from an appropriate body as to how those issues mentioned could be addressed and so strengthen Council’s adopted Crime Prevention Policy. The Lord Mayor ruled that the motion was one of urgency.

4	SUBJECT Issue of Compliant Certificate - 44 Lakeside Road, Eastwood FROM Chris Worthington
9823	MOTION (Worthington/Finn) That Council take Class 4 proceedings against the decision to issue a compliant development certificate in respect of the premises at 44 Lakeside Road, Eastwood. The motion was put and lost. Note Councillor C E Worthington requested that his name be recorded as having voted against this decision.

CLOSED SESSION 14 April 2008
9824	RESOLVED (Esber/Wearne) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Tender No. 3/2008 - Construction of Marsden Weir Fish Lock.. (D00902635) - 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.

2 Appointment of Acting General Manager. (D00914665) – This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

RESUMPTION OF MEETING
	That the decisions of Closed Session be noted as follows:-

12.1	SUBJECT Tender No. 3/2008 - Construction of Marsden Weir Fish Lock. REFERENCE F2008/00963 - D00902635 REPORT OF Service Manager Capital Projects
9825	RESOLVED (Esber/Lim) (a) That both tenders be rejected by Council. (b) That the two tenderers be so advised. (c) Further, that fresh tenders be advertised.

12.2

SUBJECT Appointment of Acting General Manager REFERENCE F2006/00863 - D00914665 REPORT OF The Lord Mayor Councillor P B Barber

9826

RESOLVED (Esber/Brown) (a) That Council appoint Sue Coleman, Group Manager, City Services to act as General Manager until the commencement of the new General Manager. (b) That Council delegates under Section 377 of the Local Government Act, 1993, to the person specified by this resolution to have the functions of the General Manager to exercise Council’s powers, functions, duties and authorities contained in legislation and the functions of the Council as specified in: 1 The Local Government Act 1993 and related Acts; and 2 Other Acts under which Council powers, authorities duties and functions. (c) That this delegation is subject to the following limitations: 1 The provisions of the Local Government Act 1993 and any other legislation relevant to the delegations; 2 Council may by resolution direct the Acting General Manager in exercise of any function herein delegated; 3 The Acting General Manager shall exercise the functions herein delegated in accordance with and subject to: 3.1 The provisions of the Local Government Act 1993 as amended; 3.2 All and every policy of the Council adopted by Resolution and current at the time of the exercise of the functions herein delegated. (d) That the above delegation shall commence immediately and shall remain in force until specifically altered or revoked in writing. (e) Further, that the Lord Mayor be supported in his actions in this matter.

The meeting terminated at 11.43 pm.

THIS PAGE AND THE PRECEEDING 31 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 APRIL 2008 AND CONFIRMED ON MONDAY, 12 MAY 2008.

Lord Mayor