Minutes of Ordinary Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 23 June 2008 AT 6:52 pm

PRESENT

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger MP (retired 8.00 pm), A A Brown (retired 11.49 pm), J Chedid, P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM, O Jamal (arrived 6.54 pm), M K Walsh (arrived 6.53 pm), 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 Regulatory Council Meeting held on 10 June 2008

9964

RESOLVED (Esber/Brown)

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

APOLOGIES

9965 RESOLVED (Esber/Brown)

That an apology be received and accepted for the absence of Councillors C X Lim and B W Prudames.

DECLARATIONS OF INTEREST

1 Councillor P J Garrard declared an interest in relation to Item Nos 6 & 7 of Closed Session regarding Civic Place as Councillor Garrard is a Member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

2 Councillor L E Wearne declared an interest in relation to Item Nos 6 & 7 of Closed Session regarding Civic Place as Councillor Wearne is a Member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

Note

Councillor M K Walsh arrived at the meeting at 6.53 pm during consideration of this matter.

MINUTES OF THE LORD MAYOR

SUBJECT Government Support for Connection Artists Place

REFERENCE F2008/01493 – D00968599

REPORT OF Lord Mayor, Councillor Paul Barber

9966

RESOLVED (Barber/Esber)

(a) That Council note the update as contained in the Lord Mayoral Minute on the Connection Artists Place following the decision this month by the NSW State Government granting Council $240,000 as a 3 year commitment to the project.

(b) Further, that Council officers investigate the possibility of nominating ICE for one of the relevant business or cultural awards.

NOTE: Councillor O Jamal arrived at the meeting at 6.54 pm during consideration of this matter.

SUBJECT Sponsoring India Australia Friendship Fair

REFERENCE F2004/06903 – D00968681

REPORT OF Lord Mayor, Councillor Paul Barber

9967

RESOLVED (Barber/Borger)

(a) That Council contribute $5000 towards the staging on Sunday, 10 August 2008 of the India Australia Friendship Fair at Sydney Olympic Park.

(b) Further, that the amount be paid from Council’s Events budget and sent to the organisers of the Fair, United Indian Associations (UIA) and that Council take up the stated communication opportunities that come from being a Silver Sponsor of the Fair.

PUBLIC FORUM

SUBJECT Water Management

REFERENCE F2004/08612

FROM Mr David Allen

9968

QUESTION

By Mr David Allen:-

“Hydrogolists tell us that we are taking water from rivers and catchment areas faster than it is being replenished. They say this is unsustainable with sewerage being a major contributor.

New Scientist (March 2008) and the Sydney Morning Herald (SMH) tell us that many American cities are redefining building codes to use less water and perhaps to use nightsoil in agriculture. W Carter (Flushed) says some cities in India are going even further in their water management goals.

What can Parramatta do to keep up with these excellent trends?”

RESPONSE

By Mr James Carey - Environment Outcomes Manager:-

“In summary there are two aspects to the question posed by the resident.

Firstly, in regard to water being taken faster than it is being replenished, most of us are aware of the recent challenges we face in supplying water for our daily needs. Parramatta City Council has been proactive in reducing its own water consumption and is a member of Sydney Water's Every Drop Counts campaign which targets savings for our top 10 water using assets.

We have commenced a number of initiatives to minimise potable water use including: water efficient fixtures and appliances; upgrade of irrigation systems at 11 parks; reduced irrigation frequency with water restrictions; rainwater tanks at two council centres; stormwater harvesting, storage and reuse at Woodville golf course and two parks (Doyle ground and Boronia Park). The Council is also exploring the use of recycled effluent (sewage) from Sydney Water's Liverpool to Ashfield pipeline to irrigate open space within the Duck River corridor.

The second aspect of the question relates to water saving requirements for new development.

The Council currently applies the NSW Government’s Building Sustainability Index, known as BASIX, which sets water reduction targets for house and units. BASIX allows users to determine how they will meet targets from a wide range of options such as rainwater tanks, water-saving fixtures and native plants for gardens.

To support this the Council is promoting its rainwater tank pack which provides residents with all the information they need to order a discounted rainwater tank; find out Council requirements for installing tanks; apply for a cheap ‘green loan’ (if required); and lots of other water saving ideas.

The Council is constantly looking at areas to improve our management of water and welcomes the support of residents and the community in this challenge.”

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

9969 RESOLVED (Esber/Finn)

That Items 1 and 2 of Roads Footpaths Access & Flood Mitigation, 1, 2, 3 and 4 of Community Care and 2 and 6 of City Leadership & Management be adopted without discussion in accordance with the staff recommendations.

City Development

8.1

SUBJECT Draft Planning Controls for Merrylands, Carlingford and East Rydalmere

REFERENCE F2006/01198 - D00958497

REPORT OF Manager Land Use and Transport Planning

9970

MOTION (Issa/Borger)

(a) That Council adopt the draft planning controls for the RDS Centres of Merrylands (option 1), Carlingford and East Rydalmere, as shown at Attachment 2 of Manager Land Use & Transport Planning Report, and that these be incorporated into the draft Parramatta Local Environmental Plan 2008 prior to its exhibition.

(b) Further, that a further report be presented to Council that outlines detailed planning controls to be incorporated into the draft Parramatta Development Control Plan 2008 to support the zoning, height and FSR for these areas.

AMENDMENT (Garrard/Walsh)

(a) That Council adopt the draft planning controls for the RDS Centres of Merrylands (option 2), Carlingford and East Rydalmere, as shown at Attachments 2 and 3 of Manager Land Use & Transport Planning Report, and that these be incorporated into the draft Parramatta Local Environmental Plan 2008 prior to its exhibition.

The amendment was put and lost.

DIVISION (Walsh/Esber) The result being:-

AYES Councillors P Esber, J D Finn, P J Garrard, M K Walsh & C E Worthington.

NOES The Lord Mayor, Councillor P B Barber and Councillors A A Brown, J Chedid, A Issa, OAM, O Jamal, L E Wearne and A A Wilson.

The amendment was again declared lost.

The motion was put and carried.

NOTE: 1 Councillor D L Borger retired from the meeting at 8.00 pm during consideration of this matter.

2 A Notice of Motion to rescind this decision was submitted prior to the conclusion of the meeting.

8.2

SUBJECT Proposed State-Wide Exempt and Complying development

REFERENCE F2005/01801 - D00959847

REPORT OF Project Officer

9971

RESOLVED (Finn/Esber)

(a) That Council endorse the comments on the new State-Wide Exempt and Complying Development codes as summarized in Section H – Conclusion of Attachment 1 for submission to the Department of Planning.

(b) That it be acknowledged that future complying development codes will likely be placed on public exhibition in quick succession, and this will significantly impact on the work program of the LUTP unit.

(c) That in light of the proposed State-Wide Complying Development Codes which in some cases vary Council development controls, that a review of draft Parramatta DCP 2008 be undertaken to determine the extent of potential inconsistency between future complying development and DCP controls.

(d) Further, that the Land Use and Transport Section be congratulated on their efforts in relation to this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.39 pm for a period of 15 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.54 pm, there being in attendance The Lord Mayor, Councillor P B Barber and Councillors A A Brown, J Chedid, P Esber, J D Finn, P J Garrard, O Jamal, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

ACKNOWLEDGEMENT OF GENERAL MANAGER

The Chamber acknowledged the presence of Dr Robert Lang, recently appointed General Manager of Parramatta City Council, in the Public Gallery. Dr Lang will commence duties on 21 July 2008.

8.3

SUBJECT Audit of the Mall and City Centre.

REFERENCE F2004/08537 - D00958618

REPORT OF Place Manager - City Strategy Unit

9972

RESOLVED (Worthington/Esber)

(a) That Council note the findings of the City Centre audit and adopt the list of proposed actions (Attachment 1) to be included for consideration in the 2009/10 Management Plan.

(b) That Council obtain a legal opinion on Council’s responsibility should an awning fall on to a public thoroughfare, such as a council footpath, whether awnings generally have a prescriptive easement and the best methodology to require building owners to obtain such an easement.

NOTE: Councillor A Issa, OAM returned to the meeting at 8.57 pm during consideration of this matter.

8.4

SUBJECT Metro in Parramatta

REFERENCE F2006/00716 - D00960761

REPORT OF Senior Project Officer - Transport Planning

9973

RESOLVED (Finn/Wilson)

(a) That Council supports in principle the following, with reasons outlined in this report:

1. The northern alignment of the West Metro;

2. The concept of a “Metro City Circle” route connecting Parramatta city centre and the Westmead hospital precinct with additional metro stations at Westmead, the Children’s Hospital and North Parramatta;

3. Consideration of an additional station on the West Metro at Harris Park and replacing the heavy rail station, such station aligned to Marion Street;

4. A station at Granville-Clyde on the West Metro rather than Rosehill and replacing Clyde heavy rail station;

5. The Carlingford Line be investigated for conversion to Metro based the previous Parramatta to Epping Rail Link proposals;

6. The cost difference between metro west and the proposed metro to Rouse Hill be included.

(b) That Council officers continue to analyse the various metro routes and stations recently announced by the State Government with a view to influencing better public transport outcomes for Parramatta LGA and connections to the surrounding areas.

(d) Further, that prior to the report being forwarded to the relevant authorities, paragraph 2 on page 105 regarding a metro station at Rosehill be deleted.

Roads Paths Access and Flood Mitigation

9.1

SUBJECT Parramatta Cycleway Advisory Committee

REFERENCE F2004/07952 - D00954647

REPORT OF Project Officer

RECOMMENDATION

That Council receive and note the minutes of the Parramatta Cycleway Advisory Committee of 6 May 2008.

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

9.2

SUBJECT Parramatta Traffic Committee meeting held on 2 June 2008.

REFERENCE F2004/06921 - D00959435

REPORT OF Manager Traffic and Transport

RECOMMENDATION

That the report of the Parramatta Traffic Committee meeting held on Monday 2 June 2008 be adopted.

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

9.3

SUBJECT Report of the Traffic Engineering Advisory Group Meeting held on Monday 2 June 2008.

REFERENCE F2004/06921 - D00959486

REPORT OF Manager Traffic and Transport

9974

MOTION (Worthington/Esber)

(a) That the report of the Traffic Engineering Advisory Group Meeting held on Monday 2 June 2008 be adopted with the following alterations:

1 The 2^nd paragraph of the background notes relating to Business Arising – Item 13 – Intersection of Darcy Road and Hill Street, Wentworthville - Right Turn Movements at Intersection be amended to read:-

“The representative from Hillsbus/Westbus was under the impression the map was correct but would have it checked for confirmation.”

2 In relation to Business Items 8 and 9, the relevant MP’s be written to and advised of the decision.

3 In relation to Business Item 12 – Caroline Chisholm Drive, Winston Hills – Parking Outside Doctors Surgery, the recommendation be altered to read:-

“15 minute parking be installed outside the doctors surgery in Caroline Chisholm Drive, Winston Hills”.

(b) That all future proposals by the Roads and Traffic Authority are to be commented upon by the Council’s traffic engineer in the accompanying reports.

(c) Further, that Father Peter Williams from the Catholic Cathedral be contacted and informed of the present situation in relation to World Youth Day.

AMENDMENT (Garrard/Wilson)

That Council advise the government that it does not intend to open Church Street up to buses.

Procedural Motion (Esber)

The procedural motion was put and carried.

The amendment was put and lost.

The motion was put and carried.

DIVISION (Wearne/Wilson) The result being:-

AYES The Lord Mayor Councillor P B Barber and Councillors A A Brown, P Esber, J D Finn, O Jamal, M K Walsh and C E Worthington

NOES Councillors J Chedid, P J Garrard, A Issa, OAM, L E Wearne and A A Wilson.

The motion was again declared carried.

Culture and Leisure

10.1

SUBJECT 2008/2009 Requests for Fee Subsidy for the Use of Public Halls, Community Centres and Meeting Rooms

REFERENCE F2004/07903 - D00935708

REPORT OF Manager City Culture, Tourism and Recreation

9975

RESOLVED (Chedid/Esber)

(a) That the Manager, City Culture, Tourism and Recreation Report be received and noted.

(b) That Council approve the annual fee subsidies to be granted.

(c) That the applicants who have been unsuccessful in receiving a full exemption, be contacted to negotiate a payment program.

(d) Further, that the invoices be issued to those groups who are required to pay fees for their use of Public Halls, Community Centres and Meeting Rooms.

Community Care

11.1

SUBJECT Multicultural Advisory Committee Minutes 2 April 2008

REFERENCE F2007/00732 - D00954065

REPORT OF Community Capacity Building Officer

RECOMMENDATION

(a) That the Minutes of the Multicultural Advisory Committee meeting held on 2 April 2008 appended as Attachment 1 to Community Capacity Building Officer be received and noted.

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

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

11.2

SUBJECT Community Safety Advisory Committee Meeting Minutes 30 April 2008

REFERENCE F2005/01944 - D00954200

REPORT OF Community Capacity Building Officer

RECOMMENDATION

(a) That the Minutes of the Community Safety Advisory Committee meeting held on 30 April 2008 appended as Attachment 1 to Community Capacity Building Officer Report be received and noted.

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

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

11.3

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee 29 April 2008

REFERENCE F2005/01941 - D00954474

REPORT OF Community Capacity Building Officer

RECOMMENDATION

(a) That the minutes of the Aboriginal and Torres Strait Islander Committee held on 29^th April 2008 appended as Attachment 1 to Community Capacity Building Officer Report be received and noted.

(b) That the chosen site for the Burramatta NAIDOC Family Day is on the Westmead side of Parramatta Park.

(c) That a letter be written on behalf of the Committee to Alan Overton requesting the attendance of the Parramatta Eels at Burramatta NAIDOC Family Day.

(d) That Gil Saunders resume his role as Deputy Chairperson of the Committee.

(e) Further, that Council’s naming of the Campbell Hill Pioneers Park be stopped and that Council note the Terms of Reference of the Committee and consult with the Committee regarding Aboriginal issues including the naming of the park.

1 In relation to Recommendation (e), it should be noted that actions have been taken since the Aboriginal and Torres Strait Islander Committee meeting of 29^th April 2008 which have addressed this recommendation in so far as it relates to the naming of the Campbell Hill Pioneers Park. These actions are reported in point 3 of the Background of this report.

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

11.4

SUBJECT Access Advisory Committee - Response to Recommendations included in Minutes 4 December 2007

REFERENCE F2005/01942 - D00955673

REPORT OF Community Capacity Building Officer

RECOMMENDATION

(a) That Council undertake a bus stop audit to assess accessibility works required to comply with the legislation in the 2009/10 financial year;

(b) That Council distribute a copy of the Human Rights and Equal Opportunity Commission (HREOC)’s publication ‘The Good, the Bad and the Ugly’ DVD to individuals, organisations and companies on Council’s Development Database and to the public at Council’s Development Assessment Service Desk;

(c) That Council relocate the after-hours bell at the rear entrance to Council Chambers to meet the requirements of the Australian Standard 1428;

(d) Further, that Council install hearing augmentation systems in the Town Hall in order to comply with the Disability Discrimination Act 1992 (NSW).

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

SUSPENSION OF STANDING ORDERS

9976 RESOLVED (Worthington/Garrard)

That Standing Orders be suspended to enable consideration of various urgent matters relating to:-

1. Issues brought forward by applicants.

2. Advertising for position of Information Technology Manager.

3. Appointment of SincSolutions.

4. Code of Conduct.

The Chairperson ruled that the matters were of an urgent nature.

NOTE: Councillor A A Brown (10.14 pm), L E Wearne (10.14 pm) and A A Wilson (10.15 pm) left the meeting during consideration of this matter.

SUBJECT Issues Brought Forward by Applicants

REFERENCE

FROM Councillor C E Worthington

9977

RESOLVED (Worthington/Issa)

That the Acting General Manager bring forward a report to the next Regulatory Council Meeting in respect to allegations relating to issues brought forward by applicants pertaining to the following DA's:-

1 Aldi Developments Woodville Road.

1.1 That the Urban Planner was not brought into negotiations regarding the DA, until the DA had well progressed and at the stage, it was indicated she was not happy with the design.

2 DA/729/2007 - Child Care Centre 66 Cross Street Guildford.

2.1 Applicant was not informed until the DA had well advanced, that the number of children had to be reduced by 40 children to 25 children.

3 DA/183/2008 - Child Care Centre 115 Hammers Road Northmead.

3.1 Applicant was requested to withdraw application after DA had well advanced.

SUBJECT Information Technology Management

REFERENCE

FROM Councillor C E Worthington

9978

RESOLVED (Worthington/Garrard)

(a) That the Acting General Manager report on the following matters to Councillors via memo within one week:-

1 When it is likely that the position of the IT Manager will be advertised, and will it be advertised internally or externally.

2 In relation to the amended advice reviewed regarding the accessing of Councillors emails supplied to Councillor Worthington, can Council be assured that the author of the legal advice had no close connection with any employee of Council?

(b) Further, that copies of the emails to Councillor Worthington be supplied to all Councillors.

NOTE: Councillor A A Wilson returned to the meeting at 10.16 pm during consideration of this matter.

SUBJECT Appointment of SincSolutions - To undertake review Council's Regulatory Services

REFERENCE

FROM Councillor C E Worthington

9979

RESOLVED (Worthington/Esber)

(a) That Councillors be provided with details regarding the cost of hiring this firm and whether the firm was directly appointed, or expressions of interest were sought from other firms.

(b) Further, that this information be supplied to Councillors via memo within one week.

NOTE: Councillors A A Brown & L E Wearne returned to the meeting at 10.19 pm during consideration of this matter.

SUBJECT Code of Conduct

REFERENCE

FROM Councillor C E Worthington

9980

RESOLVED (Worthington/Esber)

(a) That a legal opinion be sought as to whether the Code of Conduct as it presently stands is legal, as an Employee or Councillor can have accusations made against him without being afforded the opportunity of knowing who their accuser/s is/are.

(b) Further, that this report be bought to the next ordinary meeting of Council.

NOTE: Councillor M K Walsh left the meeting at 10.32 pm during consideration of this matter.

RESUMPTION OF STANDING ORDERS

9981 RESOLVED (Esber/Wilson)

That Standing Orders be resumed.

City Leadership and Management

12.1

SUBJECT Investments Report for April 2008

REFERENCE F2004/06960 - D00949870

REPORT OF Manager - Finance

9982

RESOLVED (Esber/Brown)

That Council receives and notes the investments report for April 2008.

12.2

SUBJECT Remuneration Tribunal Determination in Relation to Fees for Councillor Remuneration

REFERENCE F2004/06514 - D00954622

REPORT OF Service Manager - Council Support

RECOMMENDATION

That Council confirm that the Lord Mayoral and Councillors’ remuneration for the period 1 July 2008 to 30 June 2009 be set at the maximum level being $66,100 and $22,680 respectively.

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

12.3

SUBJECT Regulation & Enforcement of Brothels and Massage Parlours

REFERENCE F2007/01985 - D00935148

REPORT OF Strategic Analyst, Crime and Corruption Prevention

9983

RESOLVED (Finn/Wilson)

(a) That Council receive and note this report.

(b) That Council refer both this report and the latest Report of Investigation into Compliance Section to ICAC for information and review.

NOTE: Councillor M K Walsh returned to the meeting at 10.36 pm during consideration of this matter.

EXTENSION OF TIME

9984 RESOLVED (Wilson/Chedid)

That the time having passed 11.00 pm, the meeting be extended for 30 minutes to enable completion of the remaining Agenda items.

12.4

SUBJECT 11th International Riversymposium - 1 to 4 September 2008

REFERENCE F2005/00638 - D00911492

REPORT OF Council Support Manager

9985

RESOLVED (Esber/Wilson)

(a) That the Lord Mayor, Councillor P B Barber (or nominee) and Councillors A A Brown and A A Wilson attend the 11th International Riversymposium: A Future of Extremes that will be held from 1 to 4 September 2008.

(b) Further, that all reasonable expenses at an estimate cost of $2500.00 per delegate over four (4) days be provided from Account No. 10.1260.712.644405.00000.00000 – Members Seminars & Conferences in accordance with Council’s policy for attendance at conferences and seminars.

12.5

SUBJECT Legal Assistance - Gosford City Council

REFERENCE F2005/00172 - D00958937

REPORT OF Manager Executive Support Office

9986

RESOLVED (Brown/Esber)

That Council contribute $6,675.82 to assist Gosford City Council with the costs associated with the appeal in the matter of Tauszik v Gosford City Council [2006] NSWCCA 193.

12.6

SUBJECT Program Panels.

REFERENCE F2004/06950 - D00958730

REPORT OF Acting Manager City Strategy

RECOMMENDATION

That the notes from the seven Program Panel meetings held on 19 May 2008 be noted.

NOTE: This matter was adopted under Minute No 9969 – Council Matters To Be Adopted Without Discussion.

12.7

SUBJECT Cost of food and beverages at staff functions and meetings

REFERENCE F2007/02457 - D00958564

REPORT OF Group Manager Corporate Services

9987

RESOLVED (Worthington/Esber)

(a) That Council receive and note the Group Manager Corporate Services’ report on the cost of food and beverages at staff functions and meetings.

(b) Further, that a report be brought back to Council addressing areas where savings could be made.

NOTE: Councillor J Chedid left the meeting at 11.24 pm during consideration of this matter.

12.8

SUBJECT Outdoor Machinery & Fleet Vehicles

REFERENCE F2004/09461 - D00960929

REPORT OF Manager City Operations

9988

MOTION (Finn/Wilson)

(a) That Council note the information provided in relation to the Outdoor Machinery and Vehicle Fleet.

(b) That Council immediately commence purchasing only passenger vehicles rated 4 stars or above on the government’s Green Cars Guide.

(c) Further, that Council no longer purchase 6 cylinder conventional unleaded petrol passenger vehicles unless they meet the 4 star requirement, noting that Council’s fleet policy has supported phasing out these vehicles for at least 5 years.

AMENDMENT (Issa)

That the General Manager prepare a report on staff usage of fleet vehicles including such issues as distance travelled by staff and necessity of vehicle for certain duties.

FORESHADOWED

AMENDMENT (Wearne/Issa)

(a) That Council note the information provided in relation to the Outdoor Machinery and Vehicle Fleet.

(b) That Council immediately commence purchasing only passenger vehicles rated 4 stars or above on the government’s Green Cars Guide with the exception of vehicles that form part of a staff members’ salary package.

(c) Further, that Council no longer purchase 6 cylinder conventional unleaded petrol passenger vehicles unless they meet the 4 start requirement with the exception of vehicles that form part of a staff members’ salary package, noting that Council’s fleet policy has supported phasing out these vehicles for at least 5 years.

The amendment was put and lost.

The foreshadowed amendment became the amendment and was put and lost.

The motion was put and carried.

NOTE Councillor J Chedid returned to the meeting at 11.31 pm during consideration of this matter.

FURTHER EXTENSION OF TIME

9989 RESOLVED (Wearne/Wilson)

That the time having passed 11.30 pm, the meeting be extended for 15 minutes to enable completion of the remaining Agenda items.

12.9

SUBJECT Recruitment of Council Staff through Consultants

REFERENCE F2007/00395 – D00953923

REPORT OF Manager Human Resources

9990

RESOLVED (Worthington/Brown)

That Council receive and note the information contained in this report.

Notices of Motion

13.1

SUBJECT Extension of Toll Subsidy on M4

REFERENCE F2004/09332 - D00956317

FROM Councillor A A Wilson

9991

RESOLVED (Wilson/Worthington)

(a) That Council's professional officers prepare a report with a view to making a submission to the State Government requesting an extension to the toll subsidies on the M4 that are due to expire in 2010.

(b) Further, that this report also examine the effect of not renewing the subsidies on Parramatta's road network.

NOTE: Councillor M K Walsh left the meeting at 11.46 pm during consideration of this matter.

FURTHER EXTENSION OF TIME

9992 RESOLVED (Wearne/Esber)

That the time having passed 11.45 pm, the meeting be extended for 15 minutes to enable completion of the remaining Agenda items.

13.2

SUBJECT Residents Parking Scheme

REFERENCE F2004/07341 - D00959346

FROM Councillor J D Finn

9993

RESOLVED (Finn/Issa)

(a) That Council investigate the introduction of a limited Residents Parking Scheme for Residents of apartments in the CBD which do not have an allocated parking space.

(b) Further, that the limitations to be considered be that the Resident Parking Scheme apply only on weekends and outside of business hours, between 8am and 6pm, so as to avoid parking congestion during times of high demand.

NOTE: Councillor M K Walsh returned to the meeting at 11.48 pm during consideration of this matter.

CLOSED SESSION

9994

RESOLVED (Esber/Jamal)

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(2) of the Local Government Act, 1993 as the items lists come within the following provisions:-

1 38 Marion Street Parramatta - Proposed Acquisition. (D00958729) - 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 15 Macquarie Street Parramatta (Hunter Street Car Park). (D00958855) - 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.

3 Tender No. 12/2008 Operation of Free Bus Service in the Parramatta City Centre.. (D00952181) - 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.

4 Tender No. 3/2008 - Construction of Marsden Weir Fish Lock. (D00959985) - 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.

5 Tender for Establishment Panel of Valuers. (D00958571) - 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.

6 Civic Place June 2008 update.- This report is confidential in accordance with section 10A (2)(c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposed to conduct) business.

7 Approval for proposed acquisitions notices – Civic Place -This report is confidential in accordance with section 10A (2)(c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposed to conduct) business.

Note

Councillor A A Brown retired from the meeting at 11.49 pm during Item 1 of Closed Session.

RESUMPTION OF MEETING

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

14.1

SUBJECT 38 Marion Street Parramatta - Proposed Acquisition

REFERENCE F2006/00887 - D00958729

REPORT OF Property Development Advisor

9995

RESOLVED (Finn/Wilson)

That consideration of this matter be deferred to the Council Meeting to be held on 14 July 2008.

14.2

SUBJECT 15 Macquarie Street Parramatta (Hunter Street Car Park)

REFERENCE F2004/06515 - D00958855

REPORT OF Property Program Manager

9996

RESOLVED (Worthington/Finn)

(a) That Council replace all references to Section 29 of the Land Acquisition (Just Terms Compensation) Act 1991 in the Deed of Agreement, the Deed of Variation and the Civil Works Deed by Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991.

(b) Further, that the Lord Mayor and the General Manager be authorised to affix the Council seal to a Deed of rectification to give effect to the above resolution.

14.3

SUBJECT Tender No. 12/2008 Operation of Free Bus Service in the Parramatta City Centre.

REFERENCE F2004/08730 - D00952181

REPORT OF Project Manager

9997

MOTION (Finn/Jamal)

(a) That the Tender submitted by Veolia Transport NSW Pty Ltd for the operation of a Free Bus Service in the Parramatta City Centre for the Year 1 lump sum of $341,786.22 (GST excl) for a Weekday Service and $69,136.84 (GST excl) for the optional Saturday Service, be accepted for a period of three years, with two extensions of one year period each.

(b) That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c) Further, that the Lord Mayor and General Manager be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

AMENDMENT (Wilson/Chedid)

That no further action be taken in this matter.

The amendment was put and lost.

The motion was put and carried.

14.4

SUBJECT Tender No. 3/2008 - Construction of Marsden Weir Fish Lock

REFERENCE F2008/00963 - D00959985

REPORT OF Service Manager Capital Projects

9998

RESOLVED (Finn/Worthington)

(a) That no tender be accepted.

(b) That the two tenderers be so advised.

(d) Further, that the outcome of those negotiations be reported back to Council.

14.5

SUBJECT Tender for Establishment Panel of Valuers

REFERENCE F2008/00530 - D00958571

REPORT OF Property Program Manager

9999

RESOLVED (Finn/Walsh)

(a) That the following parties be advised that they have been successful in gaining a place on Council’s panel of Valuation providers, for a period of three years from 1 July 2008:

1 BEM Property Consultants and Valuers Pty Ltd.

2 Frank Carrapetta and Associates

3 Cushman & Wakefield P/L.

(b) That the following parties be advised that they have been unsuccessful in tendering for this opportunity:

1 Access Valuations Pty Ltd

2 NSW Department of Lands

3 CB Richard Ellis Pty Ltd

4 Meadow Real Estate.

(c) That the General Manager be authorised to finalise with each of the parties named in (a) above, contracts governing their membership of, and participation in, Council’s panel of valuers;

(d) Further, that the General Manager be authorised to seek specialist advice from Valuers outside the panel, on a needs basis.

14.6

SUBJECT Civic Place June 2008 updated

REFERENCE F2005/06404 – D00918551

REPORT OF Group Manager Corporate Services

10000

RESOLVED (Jamal/Esber)

That Council receive and note this report.

NOTE: 1 Councillor A A Wilson requested that his name be recorded as having voted against this decision.

2 Councillors P J Garrard and L E Wearne declared an interest in this matter as they are members of the Central Parramatta Planning Committee, the consent authority for Civic Place. Both Councillors temporarily retired from the meeting during consideration of items 6 and 7 of Closed Session.

14.7

SUBJECT Approval for proposed acquisitions notices – Civic Place

REFERENCE F2004/06427 – D00960026

REPORT OF Group Manager Corporate Services

10001

RESOLVED (Esber/Finn)

(a) That Council acquire, by means of Compulsory Acquisition, the following properties required for the purpose of implementing the Civic Place Masterplan (collectively “the Properties”):-

§ 160 Church Street, being lot 1 in DP 514282;

§ 12 Darcy Street, being lot A in DP 417015;

§ 14 Darcy Street, being lot B in DP 417015;

§ 20-22 Darcy Street, being lot 3 in DP 221128;

§ 24 Darcy Street, being lot 3 in DP 211992;

§ 26 Darcy Street, being lot 4 in DP 211992;

§ 28 Darcy Street, being lot 1 in DP 128539 (collectively "the Darcy Street Private Properties")

§ Darcy Street being lot 1 in DP 1086906 but excluding land acquired by the Transport Infrastructure Development Corporation in lot 1 in DP 1116940 (Darcy Street).

§ That part of Church Street being lot 1 in DP 1104477 (Church Street).

(b) That Council by the compulsory acquisition of Darcy Street and Church Street, close Darcy Street and Church Street.

(c) That Council seeks the Minister for Local Government’s approval in accordance with s 187 of the Local Government Act 1993 to issue the Proposed Acquisition Notices.

(d) That Council seeks the Minister for Local Government’s approval in accordance with s 14(3) of the Land Acquisition (Just terms Compensation) Act 1991 to issue the Proposed Acquisition Notices within 12 months of the deemed withdrawal of previous Proposed Acquisition Notices.

(e) That Council seeks the Minister for Local Government’s approval in accordance with s 13(2)(b) of the Land Acquisition (Just terms Compensation) Act 1991 to shorten the minimum period of notice for the reasons described in this report.

(f) That at the conclusion of the period of notice, Council give effect to the acquisitions by publication of acquisition notices in the Government Gazette.

(g) That Council seeks such further approvals from the Minister, the Governor or any public authority as may be necessary, and takes all actions as may be necessary, to give notices and otherwise carry out the acquisitions by means of compulsory acquisition.

(h) Further, that Council confirms that upon acquisition, each of the Properties be classified as operational land.

NOTE: 1 Councillor A A Wilson requested that his name be recorded as having voted against this decision.

RESCISSION MOTIONS

The Lord Mayor, Councillor P B Barber advised that a Notice of Motion, signed by Councillors Walsh, Finn and Esber, to rescind the following item had been received prior to the termination of the meeting:-

1 Item 1 of City Development regarding Draft Planning Controls for Merrylands, Carlingford and East Rydalmere (Minute No 9970 refers).

The meeting terminated at 11.54 pm.

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 23 JUNE 2008 AND CONFIRMED ON MONDAY, 14 JULY 2008.

Lord Mayor