MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday,  28 July 2008 AT 6:50 pm

 

PRESENT

 

The Lord Mayor, Councillor P B Barber in the Chair and Councillors D L Borger MP (retired 11.32 pm), A A Brown, J Chedid, P Esber (Deputy Lord Mayor), J D Finn, P J Garrard, A Issa, OAM, O Jamal, C X Lim (arrived 6.55 pm), M K Walsh, L E Wearne (retired 10.35 pm), A A Wilson and C E Worthington.

 

 

 

WELCOME TO THE NEW GENERAL MANAGER – DR ROBERT LANG

 

The Lord Mayor, Councillor P B Barber welcomed the new General Manager, Dr Robert Lang to the Chamber.

 

 

 

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 14 July 2008

10053

RESOLVED      (Esber/Wearne)

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

 

 

APOLOGIES

 

 

10054        RESOLVED                (Esber/Issa)

 

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

 

 

DECLARATIONS OF INTEREST

 

1        Councillor J D Finn declared a non pecuniary conflict of interest in relation to item 3 of City Development regarding Milson Park, Westmead as Councillor Finn is a small shareholder in the company that owns Westmead Hospital.

2        Councillor P J Garrard declared an interest in relation to Item 1 of Closed Session regarding an Update on Civic Place as Councillor Garrard is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

 

 

 

 

PUBLIC FORUM

 

 

1

SUBJECT          Draft Planning Controls for Smythe Street, Merrylands

REFERENCE    F2006/01198

FROM                 Mr Frank Skiller

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10055

STATEMENT

 

By Mr Frank Skiller - on behalf of the residents of Smythe Street, Merrylands:-

 

This evening I and my fellow petitioners from Smythe Street Merrylands in the Woodville Ward would like to comment on the proposed Local Environment Plan changes to increase the urban density in our street.

Firstly, we would like to thank Councillor Garrard for alerting us to these proposed changes. Without his intervention, we would not have been aware of these matters.

This is in comparison to the Council’s excellent job in communicating the proposed changes in the previous LEP, which we felt had provided for much more community consultation.

 

Our main concerns in brief are:

 

1.        Parking congestion already exists in our street as a flow-on effect after changes to the adjoining Railway Terrace.

2.        The narrow width of the street makes if difficult for cars to pass and damage to property and vehicles has already occurred.

3.        Several residents have recently renovated their properties after being advised in the previous LEP that the street would not be zoned for unit developments.

 

Parking

 

At the last general meeting on the 14th July, the petitioner in Railway Terrace mentioned the difficulties experienced from changes to parking availability and traffic flow due to the RTA redevelopment. This included the removal of parking from the eastern side of the street and no provision for drivers to drop off passengers for the railway station.

 

These issues have had a flow on effect into Smythe Street resulting in weekday parking congestion where three-quarters of the street is parked out from anywhere between 7:30am and 7:30pm, making entry and exit to one’s property difficult, with cars obscuring vision and sometimes parking over driveways. Recently we had a development of 4 townhouses in the street which has already increased vehicle density, and we are concerned about the multiple impact on street parking, 7 days a week, if the council approves up to 6 storey unit blocks.

 

Street width

 

Minutes of a previous Council meeting state the road pavement width of Smythe street to be 9.65 metres, however, this is incorrect and actually 8.73 m and even narrower still at the Loftus Street end. This is below RTA standards. This reduced width already makes passing traffic hazardous; road signs are frequently damaged as motorists try to manoeuvre the parked and passing cars, especially those close to Railway Terrace and also the traffic islands. There have also been reports of damage to parked vehicles, mine being one of them.

 

We have been told that Council would then consider either making the street open to one-way traffic flow only or making the road wider by removing trees and realigning the kerb and guttering. For the first proposal we would ask, “Where then would the current residents and commuters park?” and also “ What would be the implications for traffic flow and access?” And as for the widening of the road, “How will our streetscape look if the trees are removed?”

 

The question of access and traffic flow have been on the Council agenda previously where the right turn from Loftus street was terminated due to the hazard of collision and also to reduce the quantity of traffic flowing westerly down Smythe street to the Railway station. A roundabout was placed on Merrylands road to steer the majority of the traffic down Merrylands road, which is a much wider street.

 

Recent property developments

 

We acknowledge that there is a percentage of housing stock in Smythe Street well past its prime and needing replacement to better utilise the land. We also note that several residents acted on developing their properties after the last LEP, where the Council regulated to keep neighbours privacy and other qualities of life intact, trusting that the Council would adhere to its decisions. But now, we have the prospect of being adversely affected by changes in the LEP without respectful consultation with the community. If high-density dwellings were constructed even on the southern side only, what would be the impact of shading on the dwellings on the opposite side?

 

The residents ask, “What percentage of land changed to heavier density in the previous LEP has been utilised in the new zoning for high density dwellings?”

 

We ask you to consider the current impact of density and traffic changes affecting the residents and how this impact would be multiplied if higher density dwellings were constructed in our street.

We ask you to consider the impact of offending residents and commuters at the cost of appeasing developers.

We ask you to stop and assess the impact from the grass roots level, before creating multiple dwellings leaving little or no open space for inhabitants, no space for children to play, increasing noise pollution and where quality of life is greatly reduced.

What statement are you sending your voters – will Parramatta still be a great place to live?

 

We, the residents of Smythe Street, support option 2 to have the area remain at its current densities and seek support from all Councillors to adhere to the wishes of the residents as per the petition presented to Council on July 14, 2008. We would also like to thank the Councillors who have supported our position as option 2.

 

RESPONSE

 

By Sue Stewart – Acting Manager Land Use & Transport:-

 

Tonight, Council will be considering two options for proposed changes to the planning controls in Smythe Street, Merrylands. Option 1 proposes to allow increased residential density in the form of 3 to 4 storey residential flat buildings. Option 2 proposes to allow lower residential density such as single dwelling houses. Currently the zoning of Smythe Street allows for medium density housing such as town houses. 

 

1. Option 2 – Draft Planning Controls for Merrylands

It should be noted that under Option 2, land in Smythe Street is proposed to be zoned for a lower density residential (single dwelling houses) than the current zoning. There appears to be a misunderstanding that this option retains the density identified in the current LEP.

 

2. Public Consultation

Tonight Council is considering which draft zoning option it wishes to be included in the draft Local Environmental Plan when it goes on public exhibition. Residents will have the opportunity to provide comments to Council during the exhibition. This exhibition is likely to be conducted over a 2 month period to enable all stakeholders opportunities for comment.  Council will consider all submissions before any final decision is made.

 

3. Smythe Street

Properties in Smythe Street are currently zoned to allow medium density residential development such as townhouses. Whilst the width of Smythe Street is not ideal for increased residential traffic, it is a reasonably short local road that does not cater for through traffic. Its width serves to slow traffic speed. There are various options available to improve vehicle circulation should this be necessary. Providing higher density residential development close to public transport provides opportunities for reduced car movements in the longer term. It is not unusual in Sydney to find narrow streets in areas of high residential density.

 

4. Amenity Impacts of Higher Density Development

Development applications for residential flat buildings are examined by Council’s Design Review Panel to ensure that design quality and residential amenity are satisfied.  This is over and above the normal assessment process.  Neighbouring residents also have the opportunity to comment on such development applications and can raise any concerns about amenity or other impacts before the application is determined by Council.

 

NOTE:       Councillor C X Lim arrived at the meeting at 6.55 pm during consideration of this matter.

 

 

PETITIONS

 

 

 

1

SUBJECT          Albion Avenue, Merrylands – Planning Controls

REFERENCE    F2006/01198 – D00997251

FROM                 M Orlando and others

10056

RESOLVED      (Brown/Garrard)

That the petition be received and resubmitted as a submission to Council in respect to the subject area when the city wide plan goes on exhibition.

 

 

 

2

SUBJECT          Greens Avenue, Tulong Avenue, Newport Place, Uralba Place, Bells Road, Conway Place, Wyuna Place, Holmes Avenue, Stringer Place and Gardenvale Road, Oatlands – Support for Provision of Natural Gas Connections

REFERENCE    F2007/01981

FROM                 F and M Malkoun and others

10057

RESOLVED      (Brown/Chedid)

(a)     That the petition be received and appropriate representations be made to the NSW Upper House MP, Mr Ian MacDonald, the Minister for Energy, Mineral Resources, State Development and Primary Industries seeking support for the installation of gas connection in the subject area.

(b)     Further, that The Hon. Martin Ferguson AM, MP, Minister for           Resources and Energy also be notified of this proposal.

 

 

 

3

SUBJECT          Draft Planning Controls for Merrylands

REFERENCE    F2006/01198 – D00997238

FROM                 K Ivanovski and others

10058

RESOLVED      (Issa/Chedid)

That the petition be received and be dealt with in conjunction with Item 1 of Rescissions Motions.

 

Rescission Motions

 

7.1

SUBJECT          Draft Planning Controls for Merrylands, Carlingford and East Rydalmere.

REFERENCE    F2006/01198 - D00975411

REPORT OF      Manager Land Use and Transport Planning

10059

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10060

 

RESOLVED      (Walsh/Finn)

That the resolution of the Ordinary Council Meeting held on 23 June 2008 regarding the Draft Planning Controls for Merrylands, Carlingford and East Rydalmere, namely:-

 

(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.

 

be and is hereby rescinded.

 

MOTION              (Borger/Brown)

 

(a)       That Council adopt the draft planning controls for the RDS Centres of 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)       That the draft planning controls for Merrylands be deferred and council officers undertake further analysis of the petitions tabled tonight, particularly in relation to the width of Smythe Street and in this regard, an audit of Smythe Street width be undertaken.

(c)        That an analysis be undertaken of new areas per zone in each of the scenarios.

(d)       Further, that the petition from residents of Albion Street also be considered in conjunction with this matter.

 

AMENDMENT   (Worthington/Garrard)

 

(a)       That Council adopt the draft planning controls for the RDS Centres of Merrylands (option 2) subject to the land to the south of Malvern Avenue being made R2, 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 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.

 

The amendment was put and lost.

 

DIVISION      (Worthington/Garrard)          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, Councillors D L Borger, A A Brown, J Chedid, A Issa, OAM, O Jamal, C X Lim, L E Wearne, & A A Wilson.

 

The Lord Mayor again declared the amendment lost.

 

The motion was put and carried.

 

DIVISION        (Worthington/Garrard)         The result being:-

 

AYES             The Lord Mayor, Councillor P B Barber, Councillors D L Borger, A A Brown, J Chedid, A Issa, OAM, O Jamal, C X Lim, L E Wearne, & A A Wilson.

 

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

 

The Lord Mayor again declared the motion carried.

 

 

 

7.2

SUBJECT          132 Blaxcell Street, Granville. (Lot 2 Sec 3 DP 1788) (Woodville Ward)

REFERENCE    DA/306/2007 - D00985984

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10061

 

MOTION             (Jamal/Lim)

That the resolution of the Regulatory Council Meeting held on 14 July 2008 regarding the Development Application for 132 Blaxcell Street, Granville, namely:-

 

That the application be refused for the following reasons:-

1            The applicant has indicated the desire to withdraw the application.

2            The applicant has not provided the information requested by Council.

3            The report lacks veracity in terms of the information provided regarding traffic, sight lines and fails to give consideration to both the slight rise in Farnell Street and number of high rise vehicles that park along the street obstructing sight lines.

4            Vehicles cannot safely exit the building.

5            There are no parking facilities provided.

6            There is no disability parking provided consistent with guidelines.

 

be and is hereby rescinded.

 

PROCEDURAL

MOTION             (Worthington)

 

The question be put.

 

The procedural motion was put and carried.

 

The motion was put and carried.

 

DIVISION             (Walsh/Garrard)          The result being:-

 

AYES             The Lord Mayor, Councillor P B Barber, Councillors D L Borger, A A Brown, J Chedid, A Issa, OAM, C X Lim, O Jamal & L E Wearne.

 

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

 

RESOLVED       (Jamal/Issa)

 

(a)       That Council grant consent to Development Application No. 306/2007, subject to standard conditions and the following extraordinary conditions:

 

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.

 

Drawing No

Dated

Site, Elevation and Section Plan, Prepared by C.B of Baini Design, Numbered 07042/01B, Revision B

September 2007

Floor and Fitout Plan, Prepared by C.B of Baini Design, Numbered 07042/02B, Revision B

September 2007

Elevations Plan, Prepared by C.B of Baini Design, Numbered 07042/03B, as amended in red

April 2007

 

Document(s)

Dated

Waste Management Plan for 132 Blaxcell Street, Granville, as amended in red

Undated

Schedule of finishes for 132 Blaxcell Street, Granville

Undated

List of items to be sold

Undated

Note:              In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or storm water disposal plan(s) the architectural plan(s) shall prevail to the extent of the inconsistency.

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

 

2.         A standard rubbish bin (with a minimum 120 litre capacity) is to be provided to the front of the premises underneath the proposed awning for general waste from customers. The bin is to be provided at all times while the shop is operating and is to be removed and stored out of view at the end of daily operations.

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

 

3.         All food items sold from the premises are to be pre-packaged. No food preparation activities are to occur from the premises.

Reason:       To ensure compliance with the consent.

 

4.         Access for people with disabilities from the public domain and all car parking areas on site to and within the building is to be provided. Consideration must be given to the means of dignified and equitable access from public places to adjacent buildings, to other areas within the building and to footpath and roads. Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be prepared in consideration of, and construction completed to achieve compliance with the Building Code of Australia Part D3 “Access for People with Disabilities”, provisions of the Disability Discrimination Act 1995, and the relevant provisions of AS1428.1 (2001) and AS1428.4.

Reason:        To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards.

 

5.         The gradient for all disabled access ramps shall not exceed a maximum of 1 (vertical) in 14 (horizontal) as per the requirements of Australian Standard AS1428.1 (2001) – Design for Access and Mobility – General Requirements for Access – New Building Work. The final design of the proposed disabled access ramps shall be reflected on the Construction Certificate plans.

Reason:        To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

 

6.         Signs incorporating the international symbol of access for disabled persons must be provided to identify each accessible entrance. This requirement shall be reflected on the Construction Certificate plans and supporting documentation.

Reason:        To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.

 

(b)       Further, that objectors be advised of Council’s decision.

 

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

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.55 pm for a period of 15 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 9.10 pm, there being in attendance The Lord Mayor, Councillor P B Barber and Councillors D L Borger, A A Brown, J Chedid, P Esber, J D Finn, P J Garrard, A Issa OAM, O Jamal, C X Lim, M K Walsh, L E Wearne, A A Wilson and C E Worthington.

 

 

 

7.3

SUBJECT          25 Talbot Road, Guildford. Lot A in DP 349926 (Woodville Ward)

REFERENCE    DA/1270/2004 - D00986254

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10062

MOTION             (Jamal/Lim)

That the resolution of the Regulatory Council Meeting held on 14 July 2008 regarding the Development Application for 25 Talbot Road, Guildford, namely:-

 

(a)              That Council uphold refusal of Section 96AA Application No. 1270/2004/B which seeks approval to modify the original development application for the following reasons:

1.                That the proposed modification will have an adverse impact on the heritage significance of the adjacent heritage cottages within the “Talbot Road Precinct”. The desirable streetscape relationship with the heritage items will be adversely affected by the proposed increase in building height and bulk and views to and from the heritage cottages will also be unnecessarily diminished.

2.                That the proposed modification does not comply with the following objective for outdoor areas set out in 3.7.1 of Parramatta Child Care Development Control Plan, in that the modification fails to minimise potential impacts on adjacent residential premises in that it will exacerbate the amenity impacts on No 23 Talbot Road in terms of noise transmission and building bulk and scale. In particular:-

2.1             As the children’s transition area (veranda) is now elevated higher (approximately 1.9m above the existing ground level) the acoustic impact of the child care centre will be greater. However, no revised noise assessment report has been provided to establish whether the elevated transition area is acceptable in terms of noise impact.

2.2             The split levels approved under the original consent are now proposed to be removed. Therefore, the overall height of the building has been increased by 370mm in the front and 1.085m in the rear respectively, which unnecessarily results in an adverse bulk and scale impact upon the adjoining property at No 23 Talbot Road. It is essential for the subject commercial building to minimise its bulk and scale as the building is not adequately articulated on the northern and southern elevations and extends significantly into the rear yard well beyond the de-facto rear building line within the locality.

3.                That the proposed modification does not comply with the following design principles for outdoor play space set out in 3.7.2 of Parramatta Child Care Development Control Plan. In particular:-

3.1             The proposed ramping and steps are excessive and does not provide a convenient and safe means of access for children between the indoor and outdoor play areas.

3.2             The proposed zigzagged ramping with associated railing is approximately 28m in length and 1.9m in overall height. This will significantly block sightlines and compromise carers’ ability to supervise children between the outdoor and indoor areas.

(b)              Further, that the objectors be advised of Council’s decision.

 

be and is hereby rescinded.

 

The motion was put and lost.

 

NOTE:           Councillor D L Borger left the meeting at 9.17 pm during consideration of this matter.

 

 

 

 

7.4

SUBJECT          10 - 12 Highland Street, Guildford (Woodville Ward)

REFERENCE    DA/670/2005 - D00986310

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10063

MOTION             (Issa/Wilson)

That the resolution of the Regulatory Council Meeting held on 14 July 2008 regarding the Development Application for 10 – 12 Highland Street, Guildford, namely:-

 

(a)         That Council refuse the application for the following reasons:

1.      The proposal is inconsistent with the desired future character of the area as outlined in Parramatta Development Control Plan 2005 having regards to its height, bulk and scale.

2.      The development does not satisfactorily enhance the streetscape of the locality.

3.      That the proposal fails to satisfy the relevant zone objectives (a) and (b) for the Residential 2B zone as prescribed by Clause 16 of Parramatta LEP 2001 as the proposal:

3.1         does not enhance the amenity and characteristics of the established residential area;

3.2         compromises the amenity of the surrounding residential area as the proposal fails to minimise visual impact and opportunities for overlooking.

3.3         is excessive in terms of height, bulk and scale particularly at the rear of the site.

4.      Matters raised by the objectors and that granting consent to the proposal would not be in the public interest.

(b)     Further, that the objectors be advised of Council’s decision.

 

be and is hereby rescinded.

 

The motion was put and lost.

 

NOTE:           Councillor D L Borger returned to the meeting at 9.29 pm during consideration of this matter.

 

  

 

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

 

10064        RESOLVED       (Esber/Issa)

 

 

That Items 5 of Regulatory, 1 of Roads Paths Access and Flood Mitigation, 2, 3 and 5 of Community Care and 2, 3 and 6 of City Leadership be adopted without discussion in accordance with the staff recommendations.

 

 

 

ITEMS TO BE BROUGHT FORWARD

 

10065        RESOLVED       (Esber/Finn)

 

That City Development Items be brought forward and considered at this point in the meeting.

 

 

Regulatory Reports

 

 

9.1

SUBJECT          Assumed Concurrence from Director General to Vary Development Standards

REFERENCE    F2006/00601 - D00971223

REPORT OF      Manager Land Use and Transport Planning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10066

MOTION              (Worthington/Esber)

 

(a)       That Council delegate to the General Manager the capacity to vary development standards contained in the City Centre LEP subject to:

1       Height and FSR not exceeding 10% of the standard prescribed in the LEP.

2       Council being informed of such whenever the approval is given under delegated authority and this be reviewed at the beginning of each Council term.

(b)       Further, that Council seek a report from the Manager Land Use and Transport Planning as to an appropriate process that could be implemented, after a dialogue with the Director General, to address LEP anomalies and errors.

 

AMENDMENT   (Wilson/Garrard)

 

That no further action be taken on this matter.

 

The amendment was put and lost.

 

The motion was put and carried.

 

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

 

 

 

 

9.2

SUBJECT          87A Hammers Road, Constitution Hill

REFERENCE    DA/1370/2001 - D00966065

REPORT OF      Service Manager, Construction and Development

10067

RESOLVED      (Worthington/Lim)

(a)     That the report be received and noted.

(b)     That Council undertake an audit of the existing pathway to determine if any works are required to ensure the existing pathway is accessible and unobstructed.

(c)     That Council engage an independent auditor to review the maintenance program as required by the conditions of the Bushland Management Plan to date, and upon completion.

(d)     That the audit be completed within 2 months.

(e)     Further, that residents be advised of Council’s decision, supplied with a copy of Service Manager, Construction and Development report and given the opportunity to comment. A copy of the audit also be supplied to residents when available.

 

NOTE:           Councillors A A Wilson (10.58 pm)  and A Issa, OAM (11.01 pm) left the meeting during consideration of this matter.

 

 

 

EXTENSION OF TIME

 

 

10068         RESOLVED                        (Jamal/Esber)

 

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

 

 

 

 

9.3

SUBJECT          10-20 Constance Street, Guildford (Lots 18-23, Section 2 in DP 1144)

DESCRIPTION  Demolition of 6 dwelling houses and construction of 27 seniors living/disabled housing units within a part 1 and part 2 storey multi-housing development.

REFERENCE    DA/914/2007 - 

APPLICANT/S   Resitech (Department of Housing)

OWNERS           Department of Housing

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10069

 

 

MOTION             (Garrard/Lim)

That consideration of this matter be deferred for further consideration by an outside planning firm specialising in SEP 5 policy so as to ensure conformity with the Government’s policy in the best interests of the community.

 

AMENDMENT   (Brown/Esber)

 

(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       In accordance with State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, a restriction as to occupier, in accordance with Section 88E of the Conveyancing Act 1919, shall be registered against the title of the property limiting accommodation on the premises to the following:

1.1    seniors or people who have a disability (as defined in the SEPP);

1.2    people who live within the same household with seniors or people who have a disability;

1.3    staff employed to assist in the administration of and provision of services to housing provided under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004.

Reason: To ensure compliance with the Seniors SEPP.

2.      Prior to the commencement of demolition and/or construction activities, a construction management plan shall be developed and submitted to Council for approval. The plan shall provide a comprehensive and complete action and implementation plan to ensure that the anthropological and natural environment is not unacceptably affected by the proposal. The plan shall include but not be necessarily limited to the following:

2.1    measures to control noise emissions from the site during the construction phase;

2.2    measures to suppress odours and dust emissions;

2.3    selection of traffic routes to minimise residential noise intrusions;

2.4    soil and sediment control measures;

2.5    measures to identify hazardous wastes (such as asbestos) and the procedures for removal and disposal;

2.6    community consultation;

2.7    construction vehicle parking;

2.8    pedestrian access and safety.

Reason: To ensure that adequate safeguards are employed.

3.      A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained and an application made through an authorised Water Servicing Coordinator. Following the application, a ‘Notice of Requirements’ will detail water and sewer extensions to be built and charges to be paid. The Section 73 Certificate must be submitted to the Department of Housing prior to construction commencing.

Reason: To ensure that an adequate provision is made for services.

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.

-        AS1428

-        The Building Code of Australia

-        Commonwealth Disability Discrimination Act 1992

-        NSW Anti-Discrimination Act 1977

Reason: To ensure equity.

6.      The applicant shall be responsible for the construction of a new footpath, for the full length of the site along the Constance Street frontage, designed and constructed in accordance with Council’s specifications. All associated costs are to be borne in full by the consent holder.

Reason: To ensure appropriate access

7.      Before occupation of the development commences, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of Council. As far as is reasonably possible, all new landscaping shall be of a semi-mature nature in order to expedite screening and privacy mitigation.

Reason: To ensure that suitable landscaping is provided.

8.      The landscaping shown on the endorsed plans must be maintained to the satisfaction of Council, including that any dead, diseased or damaged plants are to be replaced. The landscape works shall be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design and to enhance the character of the surrounding area. This shall include but not be limited to watering, weeding, replacement of plant material and promoting the growth of all plants through standard industry practices.

Reason:     To ensure the ongoing maintenance of landscaping.

9       Sydney Water advising Council that the water supply in the street is adequate for the minimum required water pressure.

(b)     Further, that the objectors be advised of Council’s decision.

 

The amendment was put and carried and on being put as the motion was again carried.

 

NOTE:      1          Councillor P J Garrard requested that his name be recorded as having voted against this decision.

 

2          Councillors A Issa, OAM (11.08 pm) and A A Wilson (11.06 pm) returned to the meeting during consideration of this matter.

 

3          Councillor A A Wilson left the meeting at 11.21 pm during consideration of this matter.

 

 

 

 

 

FURTHER EXTENSION OF TIME

 

10070         RESOLVED                        (Brown/Chedid)

 

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

 

 

 

 

9.4

SUBJECT          62-66 Robertson Street and 27-29 Zillah Street, Merrylands (Lots 15 Sec 3, 16 Sec 3, 36 Sec 3, 37 Sec 3 and 38 Sec 3 in DP 945) (Woodville Ward)
(Location Map - Attachment 1)

DESCRIPTION  Demolition of 5 dwelling houses and construction of a multi unit housing development containing 11 dwellings.

REFERENCE    DA/726/2007 - Submitted 4 September 2007

APPLICANT/S   Resitech Australia

OWNERS           Department of Housing

REPORT OF      Manager Development Services

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10071

MOTION              (Lim/Issa)

 

(a)       That Council grant consent to Development Application No. 726/2007 subject to standard conditions.

(b)       Further, that objectors be advised of Council’s decision.

 

AMENDMENT   (Garrard)

 

That the application be refused on the basis that it does not satisfy Council’s code in relation to height and rear setbacks.

 

The Lord Mayor ruled the amendment out of order as it is a direct negative of the motion.

 

The motion was put and carried.

 

NOTE:   1      Councillor D L Borger retired from the meeting at 11.32 pm during consideration of this matter.

 

                2      Councillor A A Wilson returned to the meeting at 11.33 pm during consideration of this matter.

 

                3      Councillors P J Garrard & C X Lim requested their names be recorded as having voted against the decision.

 

 

 

 

9.5

SUBJECT          40 Grimwood Street, Granville
(Lot 1 DP 104144) (Woodville Ward)

DESCRIPTION  Further Report - Construction of parish toilets to the existing Holy Trinity Church

REFERENCE    DA/187/2008 - 

APPLICANT/S   Glanville Architects Pty Ltd

OWNERS           Trustees Catholic Church Diocese

REPORT OF      Manager Development Services

 

RECOMMENDATION

 

That Council grant consent to Development Application No. 187/2008 subject to standard conditions of consent.

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

City Development

 

10.1

SUBJECT          Future Development of Eastwood Brickworks Site

REFERENCE    F2008/02976 - D00974803

REPORT OF      Acting Manager Land Use and Transport Planning

10072

RESOLVED       (Esber/Wearne)

 

(a)     That Council not support the AV Jennings proposal for the Eastwood Brickworks site as it is contrary to Council’s Residential Development Strategy adopted November 2006 and Council decline to include the site in a General Residential R1 zone under the draft Parramatta LEP 2008.

(b)     That AV Jennings be advised that Council considers that it is best placed to assess the future development of the Brickworks site, in consultation with the local community and would therefore not favour the matter being determined under a Part 3A process and opposes the Minister for Planning being the consent authority for the site.

(c)     Further, that Council amend the draft Parramatta LEP 2008 to include the existing Eastwood Brickworks masterplan as an additional permitted use to ensure the approved masterplan can be completed, notwithstanding the proposed R2 Low Density Residential zone for the site.

 

Note

Items 1, 2 and 3 of City Development were brought forward in the meeting and considered immediately after Council Matters Adopted without Discussion.

 

 

 

 

10.2

SUBJECT          Review of Draft Heritage Items

REFERENCE    F2006/01281 - D00986030

REPORT OF      Project Officer - Land Use and Transport Planning

10073

RESOLVED       (Esber/Finn)

 

(a)     That the draft heritage proposals proceed as follows;

1       Council proceeds with the individual listings of properties identified in the study by Rod Howard (2007) as listed in the attached detailed report (Attachment 1) where in agreement with the Government Architect’s Office review.

2       Council proceeds with the individual listings identified in the study by Graham Hall (2005) as listed in the attached detailed report (Attachment 1) where in agreement with the Government Architect’s Office review, with the exception of 7 St Andrews Street, Dundas.

3       Council proceeds with the extension of the Epping/Eastwood Conservation area as identified in the map in Attachment 3.

4       Council proceeds with the establishment of the ‘Boronia Avenue’ Conservation area as identified in the map in Attachment 3.

5       Council proceeds with the minor extensions of the Epping/Eastwood Conservation area as suggested by the Government Architects office and indicated in red in (Attachment 3) including No’s 26, 39, 41 & 47 Kent Street Epping.

6       Council proceeds with the minor extensions of the ‘Boronia Avenue’ Conservation area as suggested by the Government Architects office and indicated in red in (Attachment 3) including No’s 1, 33 & 35 Boronia Avenue Epping.

(b)     That the suggested creation of a Conservation Area in the Rose Crescent area (as identified in Appendix B of Attachment 2) be deferred until an LGA-wide review is undertaken in the future at such time as an allocation of funds is available.

(c)     That the suggested creation of a Conservation Area in the Sutherland Road area (as identified in Appendix C of Attachment 2) be deferred until an LGA-wide review is undertaken in the future at such time as an allocation of funds is available.

(d)     That all affected property owners be notified of the outcome of the review and resolutions made at this meeting prior to the formal exhibition of any draft LEP.

(e)     Further, that each Councillor be provided with an A3 map of the heritage listed properties for their respective wards.

 

Note

Items 1, 2 and 3 of City Development were brought forward in the meeting and considered immediately after Council Matters Adopted without Discussion.

 

 

 

 

10.3

SUBJECT          Milson Park Westmead

REFERENCE    F2006/00714 - D00986469

REPORT OF      Property Program Manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10074

MOTION              (Esber/Brown)

 

That Council reject the application of Westmead Private Hospital to purchase the subject Council land.

 

AMENDMENT   (Lim/Issa)

 

That Council enter into negotiations with Westmead Private Hospital on the purchase application subject to a further report upon finalisation of negotiation on terms of sale.

 

PROCEDURAL MOTION    (Jamal)

 

The question be put.

 

The procedural motion was put and carried.

 

The amendment was put and lost.

The motion was put and carried.

 

Note

1.  Councillor J D Finn declared a non pecuniary conflict of interest in this matter as Councillor Finn is a small shareholder in the company that owns Westmead Hospital. Councillor Finn temporarily retired from the meeting during consideration  and voting on this matter.

 

2. Councillor L E Wearne retired from the meeting at 10.35 pm during consideration of this matter.

 

3.  Items 1, 2 and 3 of City Development were brought forward in the meeting and considered immediately after Council Matters Adopted without Discussion.

 

 

 

Roads Paths Access and Flood Mitigation

 

 

11.1

SUBJECT          Adshel Street Furniture Contract - Advertising Panels

REFERENCE    F2004/08023 - D00972239

REPORT OF      Project Manager

 

RECOMMENDATION

 

That Council trial with Adshel the use of up to ten advertising panels to promote the arts program and other Council activities.

 

NOTE:      

1.      This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

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

 

 

 

ADJOURNMENT OF MEETING

 

 

The time having passed 11.45 pm, The Lord Mayor advised that he intended to adjourn the meeting until 6.45pm on Tuesday, 29 July 2008.

 

The meeting adjourned at 11.53 pm.

 

 

 

RESUMPTION OF MEETING

 

The meeting resumed at 6.53 pm on Tuesday, 29 July 2008 there being in attendance The Lord Mayor, Councillor P B Barber and Councillors P Esber, J D Finn, P J Garrard, A Issa OAM, O Jamal, M K Walsh, A A Wilson, C E Worthington.

 

 

APOLOGIES

 

 

10075        RESOLVED                (Esber/Issa)

 

That an apology be received and accepted for the absence of Councillors A A Brown, D L Borger, J Chedid, C X Lim, B W Prudames and L E Wearne.

 

 

 

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.

 

 

 

Culture and Leisure

 

 

12.1

SUBJECT          Additional Dog Leash Free Areas

REFERENCE    F2005/00856 - D00971113

REPORT OF      Supervisor Open Space

10076

RESOLVED      (Finn/Esber)

(a)       That Council adopt the four additional dog leash free sites identified in this report for the purpose of public exhibition.

(b)       That if no objections are received during the public exhibition period, to any of the proposed dog leash free areas, then the sites be designated as a leash free area and signposted appropriately.

(c)       That staff examine options for additional dog leash free areas in Harris Park, North Granville and South Parramatta and also enter into discussions with Parramatta Park with a view to obtaining at least a once a week arrangement in the Park.

(d)       That at each dog leash free location, the following be installed:-

 1         At least 3 bins for placement of dog faeces;

2          Ordinance signs including advice that savage dogs should not be unleashed;

3          Plastic bags for collection of dog faeces.

(e)       That if objections are received during the public exhibition period a further report regarding that site be presented to Council for consideration.

(f)        That a report be provided which explores the options of self composting disposal units for dog faeces and the sandy dog urinal.

(g)       That any instance where a particular breed of dog has been declared dangerous by any authority be exempted from this policy.

(h)       Further, that Council officers investigate the best method to raise awareness of owners to not permit dogs to roam free when not in dog leash free areas.

 

 

Community Care

 

 

13.1

SUBJECT          Arts Advisory Committee

REFERENCE    F2005/01943 - D00978643

REPORT OF      Community Capacity Building Officer

10077

RESOLVED      (Esber/Issa)

That Council note the Minutes of the Arts Advisory Committee held on 10th June 2008 (Attachment 1).

 

 

 

13.2

SUBJECT          Minutes of Access Advisory Committee Meeting 3 June 2008

REFERENCE    F2005/01942 - D00979283

REPORT OF      Community Capacity Building Officer

 

RECOMMENDATION

 

(a)       That the Minutes of the Access Advisory Committee meeting held on 3 June 2008 (Attachment 1) be received and noted.

(b)       Further, that Council note there are no requests for additional expenditure on this report.

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

13.3

SUBJECT          Minutes of the Community Safety Advisory Committee 11 June 2008

REFERENCE    F2005/01944 - D00979385

REPORT OF      Community Capacity Building Officer

 

RECOMMENDATION

 

(a)       That the Minutes of the Community Safety Advisory Committee meeting held on 11 June 2008 (Attachment 1) 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 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

13.4

SUBJECT          Police Memorandum of Understanding for the City Centre

REFERENCE    F2006/01279 - D00978422

REPORT OF      Service Manager Community Capacity Building

10078

RESOLVED      (Finn/Worthington)

(a)       That Council note that the current Memorandum of Understanding (MoU) between the Police and Council is no longer operational and that the Police no longer wish to operate under a formal MoU agreement with Council.  

(b)       That Council seek to gain agreements to work collaboratively with the Parramatta Local Area Command via the Crime Prevention Plan and its initiatives, and the newly appointed Crime Prevention Officer, particularly in regard to operational matters.

(c)       Further, that the Crime Prevention Officer prepare a preliminary report, one month after commencement of duties, which provides an overview of the current situation and on any suggested proposals.

 

 

 

 

13.5

SUBJECT          Aboriginal and Torres Strait Islander Advisory Committee

REFERENCE    F2005/01943 - D00980542

REPORT OF      Community Capacity Building Officer

 

RECOMMENDATION

 

(a)       That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee held on 27th May 2008 (Attachment 1) be received and noted.

(b)       That Council place a plaque at Lake Parramatta which acknowledges Phil Russo’s work in the position of a Parramatta City Council Councillor, in Council determining in 1998 to apologise to the Stolen Generations.

(c)        That all Aboriginal and Torres Strait Islander Council officers continue to be invited to participate in all Council’s future Aboriginal and Torres Strait Islander events.

(d)       That Council write to staff at the Aboriginal Justice Centre, Attorney Generals Department to thank them for their efforts in attending Council’s Sorry Day 2008 events.

(e)       That letters of thanks be sent by Council to the Honourable Tanya Gadiel and those Councillors who attended Sorry Day 2008 events.

(f)         That Aboriginal and Torres Strait Islander Council officers continue to be represented at the Local Government Aboriginal Network conference.

(g)       That Council Officers organise with Parramatta Correctional facility a NAIDOC BBQ for Aboriginal and Torres Strait Islander inmates.

(h)        That Anne Stonham, Gregory Stonham and Adam Bell’s application for membership to the Committee be ratified by Council.

(i)         Further, that Council write to the Honourable Ministers Paul Lynch and John Hatzistergos asking for an explanation as to why an incident had occurred at Long Bay Correctional Facility which resulted in inmates’ families being unable to visit their relatives and seeking clarification regarding the steps that would be put in place to prevent this from re-occurring.

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

13.6`

SUBJECT          Presentation to Councillor Workshop from City of Sydney Council on 9 July 2008

REFERENCE    F2007/00732 - D00981288

REPORT OF      Service Manager Community Capacity Building

10079

RESOLVED       (Esber/Worthington)

(a)          That Council receive and note the information from City of Sydney Council regarding their Safe City Strategy.

(b)          That Council write to Minster for Gaming and Racing, Minister for Police and the Minister for Local Government requesting that legislation be changed making it  mandatory for licensed clubs, hotels, and liquor outlets to participate in the local liquor accord.

(c)          That copies of the correspondence be forwarded to all local State Members of Parliament whose electorate fall within the local government area of Parramatta, seeking their support.

(d)          Further, that the Crime Prevention Officer be provided with this information and be asked to review it in light of its applicability in Parramatta.

 

NOTE:       Councillor A A Wilson left the meeting at 7.29 pm during consideration of this matter.

 

 

 

 

City Leadership and Management

 

 

14.1

SUBJECT          Investments Report for May 2008

REFERENCE    F2004/06960 - D00966156

REPORT OF      Manager - Finance

10080

RESOLVED      (Walsh/Esber)

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

 

NOTE:      Councillor A A Wilson returned to the meeting at 7.31 pm during consideration of this matter.

 

 

 

14.2

SUBJECT          Making of 2008/09 Rates

REFERENCE    F2007/02457 - D00985932

REPORT OF      Group Manager Corporate Services

 

RECOMMENDATION

 

(a)     That Council receive and note the Group Manager Corporate Services’ report outlining the changes to rates previously made as part of the adoption of the 2008/09 – 2011/12 Management Plan and

(b)     Further, that Council make the following Rates for the 2008/09 rating year using Land Values with a valuation base date of 1 July 2007 -

        Ordinary Rates

          (A)    Residential Rates

 (i)        In the case of all rateable land within the City of Parramatta which is categorised as Residential land, an Ordinary Rate of zero point zero zero two four five zero zero nine (0.00245009) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be four hundred and ninety two dollars and ninety nine cents ($492.99).

(ii)        In the case of all rateable land within the City of Parramatta which is categorised as Residential land and is within the sub-category of Central Business District (CBD), because it is a centre of population within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Population, an Ordinary Rate of zero point zero zero one six nine eight eight five (0.00169885) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be four hundred and ninety two dollars and ninety nine cents ($492.99)

(B)       Business Rates

(i)         In the case of all rateable land within the City of Parramatta which is categorised as Business land (and is not within the sub-categories of Business land referred to in (B)(ii) through to and inclusive of (B)(iv) below), an Ordinary Rate of zero point zero one zero seven zero five one three (0.01070513) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and two dollars and fifty eight cents ($502.58).

(ii)        In the case of all rateable land within the City of Parramatta which is categorised as business land and is within the sub-category of Central Business District (CBD), because it is within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Activity, an Ordinary Rate of zero point zero one nine one four zero five eight (0.01914058) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and two dollars and fifty eight cents ($502.58).

(iii)       In the case of all rateable land within the City of Parramatta which is categorised as Business land and is within the sub-category of Central Business District – Centre of Activity Area No 2, because it is within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Activity Area No 2, an Ordinary Rate of zero point zero two eight five four seven one five  (0.02854715) in the dollar upon the Land Value.

(iv)       In the case of all rateable land within the City of Parramatta which is categorised as Business land and is within the sub-category of " Industrial Centres of Activity” because it is within the suburbs of Camellia, Chester Hill, Clyde, Eastwood, Ermington, Granville, Guildford, Melrose Park, Merrylands, Northmead, North Parramatta, Old Toongabbie, Parramatta, Pendle Hill, Rosehill, Rydalmere, Seven Hills, Toongabbie, Wentworthville and within the geographical areas which are highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as "Business Industrial Centres of Activity " inclusive, an Ordinary Rate of zero point zero one one three eight six five five (0.01138655) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and two dollars and fifty eight cents ($502.58).

 

C)       Special Rates

(i)         In the case of all rateable land within the City of Parramatta, a Special Rate, which will be known as Open Space Acquisition & Embellishment Special Rate and which will consist of a base amount of fourteen dollars and sixty five cents ($14.65) calculated to yield forty nine point eight four percent (49.84%) of the total revenue of $1,715,982 for this Special Rate to which will be added an ad valorem amount which will be calculated at a rate of zero point zero zero zero zero five six two two (0.00005622) in the dollar upon the Land Value for all such land, for or towards the acquisition of open space including compulsory acquisition and the purchase of remnant bushland, the embellishment and maintenance of public reserve areas, including passive reserve areas and other areas unsuitable for other recreational pursuits, such works, services, facilities or activities being, in the opinion of Council, of special benefit to the whole of the Parramatta Local Government Area.

(ii)        In the case of all rateable land within the City of Parramatta with the exception of all rateable land that is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Activity and Central Business District Centre of Activity Area No 2 and including land categorised as Residential land within that geographical area, a Special Rate, which will be known as Suburban Infrastructure Special Rate and which will consist of a base amount of six dollars and fourteen cents ($6.14) calculated to yield twenty five point zero nine percent (25.09%) of the total revenue of $1,339,077.20 for this Special Rate to which will be added an ad valorem amount which will be calculated at a rate of zero point zero zero zero zero seven zero eight zero (0.00007080) in the dollar upon the Land Value for all such land, for or towards new infrastructure and environmental works within the suburbs of the Parramatta Local Government area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(iii)       In the case of all rateable land within the City of Parramatta that is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Population and categorised as Residential land within that geographical area, a Special Rate, which will be known as CBD Residential Infrastructure Special Rate and which will consist of a base amount of nine dollars and ninety one cents ($9.91) calculated to yield thirty nine point seven seven percent (39.77%) of the total revenue of $53,251.92 for this Special Rate to which will be added an ad valorem amount which will be calculated at a rate of zero point zero zero zero one four one seven four (0.00014174) in the dollar upon the Land Value for all such land, for or towards new infrastructure and environmental works within the Central Business District of the Parramatta local government area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(iv)       In the case of all rateable land within the City of Parramatta that is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as Central Business District Centre of Activity and Central Business District Centre of Activity Area No 2 but excluding land categorised as Residential land within that geographical area, a Special Rate, which will be known as CBD Infrastructure Special Rate and which will consist of an ad valorem amount which will be calculated at a rate of zero point zero zero one eight two three eight seven (0.00182387) in the dollar upon the Land Value for all such land, for or towards infrastructure improvements within that geographical area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(v)        In the case of all rateable land within the City of Parramatta that is highlighted on the map exhibited for inspection during the exhibition of the Draft Management Plan as the Economic Development Special Rate area with the exception of all properties categorised as Residential within that area, a Special Rate, which will be known as Economic Development Special Rate and which will consist of an ad valorem amount which will be calculated at a rate of zero point zero zero zero three three five nine seven (0.00033597) in the dollar upon the Land Value for all such land, for or towards the implementation of the Regional Environmental Plan within that geographical area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

14.3

SUBJECT          Report of the Audit Committee Meetings held on 22 April 2008 and 26 June 2008.

REFERENCE    F2008/02951 - D00984585

REPORT OF      Manager Service Audit and Review

 

RECOMMENDATION

 

(a)       That the Minutes of the Audit Committee inaugural meeting held on 22 April 2008 (Attachment 1) be received and noted.

(b)       Further, that the Minutes of the Audit Committee meeting held on 26 June 2008 (Attachment 2) be received and noted.

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

14.4

SUBJECT          Report of the Code of Conduct Committee

REFERENCE    F2005/02484 - D00984651

REPORT OF      Acting General Manager

10081

RESOLVED      (Worthington/Wilson)

That no further action be taken in this matter.

 

 

 

 

14.5

SUBJECT          Adoption of Department of Local Government Revised Model Code of Conduct

REFERENCE    F2004/08300 - D00985060

REPORT OF      Manager Service Audit and Review

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10082

MOTION              (Issa/Worthington)

That consideration of this matter be deferred and Council hold a special workshop to itemise and discuss each portion of the Revised Model Code of Conduct.

 

AMENDMENT   (Finn/Esber)

 

(a)       That Council adopt as its Code of Conduct the Model Code of Conduct for Local Councils in NSW June 2008.

(b)       That Council appoint the existing independent Conduct Committee members as conduct reviewers to Council’s Conduct Review Committee prior to seeking public expressions of interest as part of a review of the Code of Conduct commencing in November 2008.

(c)       Further, that the review of the Code of Conduct and associated policies scheduled to commence in November 2008 include consultation with staff and Councillors to enable adoption of a Code of Conduct which best suits the conduct commitments of Parramatta City Council.

 

The amendment was put and carried and on being put as the motion was again carried.

 

 

 

 

14.6

SUBJECT          Proposed Structure for Outcomes and Development Group

REFERENCE    F2007/02407 - D00979743

REPORT OF      Acting Group Manager Outcomes & Development

 

RECOMMENDATION

 

That Council approve, in accordance with section 332(1) of the Local Government Act 1993, a new structure for the Outcomes and Development Group to Level 4 (service manager), which includes the establishment of a new unit responsible for compliance and regulatory functions (Attachment 1).

 

NOTE:       This matter was adopted under Minute No 10064 – Council Matters To Be Adopted Without Discussion.

 

 

 

 

 

14.7

SUBJECT          Catering Policy

REFERENCE    F2005/02435 - D00986420

REPORT OF      Service Manager - Council Support

10083

RESOLVED      (Finn/Esber)

That Council adopt the policy and procedures on the provision of catering (Attachment 1) subject to the following changes:-

1          Include the words in 2.1(b) “ by provision of bowls of uncut fruit in preference to fruit platters.”

2          The last sentence in 2.4(b) be altered to read “In particular, free range eggs and chickens are to be selected over cage eggs and chickens.”

  

Notices of Motion

 

15.1

SUBJECT          Walking School Buses

REFERENCE    F2004/07334 - D00985946

REPORT OF      Councillor J D Finn

10084

RESOLVED      (Finn/Wilson)

(a)     That Council enter into discussions with all Schools in Westmead and Holroyd City Council to put in place a trial of “Walking School Buses” for Term 4 2008.

(b)     Further, that a report be provided at the end of Term 4 for consideration of extending “Walking School Buses” across the city.

 

  

SUSPENSION OF STANDING ORDERS

 

10085        RESOLVED       (Wilson/Esber)

 

That Standing Orders be suspended, in view of the upcoming caretaker period prior to the 13 September Election, to give consideration to the following urgent issues:-

1                 Soccer Season;

2                 Adshel Street Furniture Contract – Advertising Panels.

 

The Lord Mayor ruled that the Adshel matter was one of urgency and could be heard, however, the issue pertaining to the Soccer Season was not of an urgent nature.

 

Note

At this time, it was proposed to move a further motion pertaining to the Adshel Street Furniture Contract. It was noted, however, that this issue had been considered earlier in the meeting (item 11.1 – Roads Paths Access and Flood Mitigation). It would be necessary for a rescission motion to be submitted and successfully moved in relation to that decision, prior to moving a further motion.

 

MATTER OF URGENCY

 

1

SUBJECT          Adshel Street Furniture Contract - Advertising Panels

REFERENCE    F2004/08023

REPORT OF      Project Manager

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10086

MOTION             (Wilson/Issa)

That the resolution of the Ordinary Council Meeting held on 28 July 2008 in relation to item 11. 1 of Roads Paths Access and Flood Mitigation regarding the Adshel Street Furniture Contract – Advertising Panels as follows:-

 

“That Council trial with Adshel the use of up to ten advertising panels to promote the arts program and other Council activities.”

 

be and is hereby rescinded.

 

The Lord Mayor ruled that the rescission motion was not one of urgency and would be considered at the next appropriate Council Meeting.

 

 

FURTHER SUSPENSION OF STANDING ORDERS

 

2

SUBJECT          Sincsolutions

FROM                 Councillor P J Garrard

 

 

 

 

 

 

 

10087

 

MOTION              (Garrard/Wilson)

 

That Standing Orders continue to be suspended to enable consideration of an urgent matter regarding Sincsolutions and in particular an investigation undertaken by Kathy Roach.

 

The Lord Mayor ruled that the matter was not one of  great urgency.

 

 

 

 

RESUMPTION OF STANDING ORDERS

 

10088         RESOLVED                        (Esber/Walsh)

 

That Standing Orders be resumed.

 

 

 

 

 

CLOSED SESSION

 

10089

RESOLVED       (Esber/Walsh)

 

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       Civic Place Update July 2008. (D00918552) - This report is confidential in accordance with section 10A (2) (c) of the Local Government act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2       Tender for Waste Processing and Disposal. (D00971071) - 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 for Provision of Major Events (Australia Day & Riverbeats Live). (D00986454) - 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       21 Tucks Road Toongabbie - Transfer of land to Council. (D00984789) - 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       21B Barangaroo Road Toongabbie - Proposed Disposal. (D00986458) - 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.

 

NOTE:      Councillor A A Wilson left the meeting at 8.29 pm during consideration of this matter and returned during Item 1 of Closed Session (which was considered following Item 5 of Closed Session).

 

 

RESUMPTION OF MEETING

 

 

 

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

 

 

 

16.1

SUBJECT          Civic Place Update July 2008

REFERENCE    F2004/06404 - D00918552

REPORT OF      Group Manager Corporate Services

10090

RESOLVED      (Esber/Finn)

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.      Councillor P J Garrard had declared an interest in this matter and had temporarily retired from the meeting during consideration and voting on this matter when considered in Closed Session as he is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

 

 

 

16.2

SUBJECT          Tender for Waste Processing and Disposal

REFERENCE    F2008/02639 - D00971071

REPORT OF      Manager Assets and Environment

10091

RESOLVED       (Esber/Finn)

 

(a)       That Council accept the tender from WSN Environmental Solutions to process and dispose of mixed solid waste at the facility to be constructed at Lucas Heights. The contract to be for an initial term of 10 years, commencing in December 2011. The rate per tonne for processing will be $148.70 per tonne (including GST) plus CPI indexation and Section 88 levies on residual material to be disposed of at landfill.

(b)       That Council accept the tender from WSN Environmental Solutions to either dispose of mixed solid waste at landfill or process mixed solid waste at the Jacks Gully AWT facility, until the new facility at Lucas Heights is operational. The rate for disposal at landfill will be $123.00 per tonne (including GST) and the rate for processing at AWT will be $198.29 per tonne (including GST).

(c)        That Council authorise the General Manager to determine in each year of the interim period, the proportion of mixed solid waste to be processed through AWT. This determination will be based on the balance of the Domestic Waste Reserve and the annual Council decision regarding changes to the Domestic Waste Charge.

(d)       That Council not accept any of the optional proposals for disposal of Kerbside Cleanup material and that separate tenders be called for this service.

(e)       That the Lord Mayor and General Manager be given delegated authority to finalise the contract documents and affix the Common Seal of Council to the necessary documents.

(f)         Further, that Mr Tom O’Hanlon and his Waste Management Team be congratulated for their fine work and considerable efforts over an extended period of time on the Tender for Waste Disposal contract.

 

 

 

 

16.3

SUBJECT          Tender for Provision of Major Events (Australia Day & Riverbeats Live)

REFERENCE    F2008/00650 - D00986454

REPORT OF      Acting Service Manager - Major Events and Sponsorship

10092

RESOLVED       (Finn/Esber)

 

(a)    That the tenders submitted by Showcorp Productions, MC Productions and Triumph Leisure Solutions for the delivery of Australia Day entertainment and concert infrastructure and management be accepted for a period of three years, with two extensions of one year period each, subject to satisfactory performance and on the following basis:

1.      That the three successful tenderers, being Showcorp Productions, MC Productions and Triump Leisure Solutions, will, in compliance with a specific tender requirement, work in a panel to deliver aspects of the total tender requirements.

(b)    That one supplier be offered a contract for Riverbeats Live infrastructure and concert management; the successful tenderer for this role being Triumph Leisure Solutions, for a period of three years with two extensions of one year period each, subject to satisfactory performance.

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

(d)    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.

 

 

 

 

16.4

SUBJECT          21 Tucks Road Toongabbie - Transfer of land to Council

REFERENCE    F2004/08279 - D00984789

REPORT OF      Property Program Manager

10093

RESOLVED       (Esber/Issa)

 

(a)       That Council amend the Parramatta Local Environmental Plan 2001 to classify Proposed Lot 2 (shown on the plan at Attachment 3) as operational.

(b)       That a report be submitted to the Council on the future use of Proposed Lot 2 if not for open space use.

(c)       That Council withdraw Caveat (No. Q706363) registered on the land title of 21 Tucks Road Toongabbie.

(d)       Further, that the Lord Mayor and the General Manager be authorised to affix the Council seal to a Request for withdrawal of the caveat.

 

 

 

 

16.5

SUBJECT          21B Barangaroo Road Toongabbie - Proposed Disposal

REFERENCE    F2008/01316 - D00986458

REPORT OF      Property Program Manager

10094

RESOLVED       (Esber/Finn)

 

That consideration of this matter be deferred pending the holding of an on site meeting.

 

  

RESCISSION MOTIONS

 

 

The Lord Mayor, Councillor P B Barber advised that Notices of Motion  to rescind the following items had been received prior to the termination of the meeting:-

 

1       Item 2 of Rescission Motions regarding 132 Blaxcell Street, Granville (Minute No 10061 refers) by Councillors P J Garrard, M K Walsh and P Esber.

 

2       Item 1 of Roads Paths Access & Flood Mitigation regarding Adshel Street Furniture Contract - Advertising Panels (Minute No 10064 refers) by Councillors A A Wilson, A Issa and P J Garrard.

 

 

The meeting terminated at 8.35 pm on Tuesday, 29 July 2008.

 

THIS PAGE AND THE PRECEDING 34 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 28 JULY 2008 AND CONFIRMED ON MONDAY, 11 AUGUST 2008.

 

 

 

 

 

Lord Mayor