Minutes of Ordinary Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 20 October 2008 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors A Bide, J Chedid (arrived 6.46 pm), G J Elmore, P Esber, J D Finn (arrived 6.46 pm), P J Garrard (Deputy Lord Mayor), M A Lack, C X Lim (arrived 6.50 pm), S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

MINUTES

SUBJECT Minutes of the Regulatory Council Meeting held on 7 October 2008

10249

RESOLVED (Esber/Garrard)

That the minutes be taken as read and be accepted as a true record of the meeting with an alteration to Minute No. 10218 regarding appointment of members to the Granville Youth and Community Recreation Centre Management Committee which is now to read:-

"Council confirm the existing structure of the Granville Youth and Community Recreation Centre Management Committee (see paragraph 35 of Service Manager - Council Support Report) for a further twelve months and receive a further report following consultation and review of the Committee's Terms of Reference."

NOTE: Councillors J Chedid & J D Finn arrived at the meeting at 6.46 pm during consideration of this matter.

APOLOGIES

10250 RESOLVED (Esber/Issa)

That an apology be received and accepted for the absence of Councillor P B Barber

DECLARATIONS OF INTEREST

Councillor L E Wearne declared an interest in relation to Item 16.7 of Closed Session regarding the Civic Place October Update as Councillor Wearne is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

LORD MAYORAL MINUTES

SUBJECT Update of CitySwitch Green Office Program and Endorsement of new Memorandum of Understanding (MOU)

REFERENCE F2008/00546 - D01055526

REPORT OF The Lord Mayor Councillor A Issa, OAM

10251

RESOLVED (Issa/Wilson)

(a)That Council continue to be a founding member of the ‘CitySwitch Green Office’ program as it moves to a national scale.

(b)That Council receive the CitySwitch Green Office program update and endorse the new MOU by delegating to the Lord Mayor and CEO to sign for and on behalf of Council.

(d) Further, that when this matter comes back before Council in 12 months, Council receive advice on how many persons in the Parramatta area have adopted the program.

NOTE: Councillor C X Lim arrived at the meeting at 6.50 pm during consideration of this matter.

SUBJECT Council Wins Awards

REFERENCE F2004/07125 - D01055568

REPORT The Lord Mayor Councillor A Issa, OAM

10252

RESOLVED (Issa/Garrard)

(a) That Council note the Westpool Risk Management Excellence Award 2008 won by Parramatta City Council this month “in recognition of the significant risk management effort to develop a project or program which has contributed to the measurable enhancement of the organisation’s risk management and provided a model for the industry.”

(b) That Council also note its recent success in being a finalist in the Marketing Strategy category of the 2008 Economic Development Awards, for Parramatta’s Take Another Look campaign to change perceptions of the City and introduce it to leading business people and decision-makers.

(c) That Council note the recognition from the NSW Stormwater Industry Association and the Sydney Metro Catchment Management Authority in their judging of Parramatta City Council as Winner of the 2008 Sustainable Water Challenge (Landscaping Category) for its water sensitive urban design works in Parramatta’s Church Street, Guildford and Granville. Council was also highly commended in the Financial Incentives Category for its Affordable Rainwater Tank Project, where more than 600 tank packs have so far been requested by residents.

(d) Further, that Council congratulates all the staff involved with these projects which have brought awards and a fine reputation to the City.

SUBJECT Performance Management of the CEO

REFERENCE F2004/06191

FROM The Lord Mayor, Councillor A Issa, OAM

10253

RESOLVED (Issa/Wilson)

(a) That the Lord Mayor appoint a performance management review panel in collaboration with Findlay & Associates, the external facilitator to set key performance indicators for the CEO Dr Robert Lang.

(b) That the panel measures the performance of the CEO with the external facilitator Findlay & Associates as set out by the review committee.

(c) That the review panel is to be delegated the whole process of the performance management, including any decisions about performance and any recommended actions that should be taken.

(d) That panel determines and sets out any new performance agreements.

(e) Further, that results are to be reported to a closed meeting of Parramatta City Council.

NOTE: Councillor L E Wearne left the meeting at 6.54 pm during consideration of this matter.

City Development

8.1

SUBJECT Economic Development Update October 2008

REFERENCE F2006/01387 - D01048262

REPORT OF Manager Economic Development

10254

RESOLVED (Garrard/Wilson)

(a) That Council receive and note the biannual update on the Economic Development Partnerships Plan (Attachment 1 to Report).

(b) That Council receive and note the external auditors written submission to the Lord Mayor and Chief Executive Officer pertaining to the use and investment of the Economic Development Special Reserve during the 2007/08 Financial Year (Attachment 2 to Report).

(c) Further, that a report go back to the Audit Committee on the effectiveness of the Economic Development Special Levy.

NOTE: Councillor L E Wearne returned to the meeting at 6.57 pm during consideration of this matter.

Environment

9.1

SUBJECT Ponds Subiaco Creek Waterway Rehabilitation Masterplan Public Exhibition

REFERENCE F2007/02292 - D01047423

REPORT OF Project Officer - Environmental Outcomes; Waterways Systems Manager

10255

RESOLVED (Esber/Lack)

(a) That the Ponds Subiaco Creek Waterway Maintenance and Rehabilitation Masterplan (Attachment 1 to Report) be placed on exhibition for a period of 28 days at the Parramatta City (central) Library, Dundas Library, the Customer Service Centre and on Council’s website.

(b) That an appropriate advertisements be placed in local school (both primary and high schools) newsletters advising children and their parents of the proposed exhibition, in the Ermington library and in local papers.

(c) Further, that a report be brought back to Council with consideration of public submissions and recommendations for adoption.

Roads Paths Access and Flood Mitigation

10.1

SUBJECT Wentworth Street Granville - Land Acquisition for Road Widening

REFERENCE F2004/07247 - D01045649

REPORT OF Property Program Manager; Manager - Strategic Assets Management

10256

RESOLVED (Lack/Elmore)

(a) That Council acquire Lot 1 DP 1116474 for the purpose of road widening of Wentworth Street Granville.

(b) Further, that Council seek the approval of the Minister for Local Government and the Governor of NSW to acquire Lot 1 DP 1116474 by compulsory process.

10.2

SUBJECT Transport Submission to Infrastructure Australia

REFERENCE F2008/01549 - D01048585

REPORT OF Senior Project Officer - Transport Planning

10257

RESOLVED (Wilson/Esber)

(a) That Council adopt the transport submission to Infrastructure Australia (Attachment 1 to Report) with the following summary recommendations:

1. West Metro from Parramatta to Sydney to include the concept of a “Metro City Circle” loop route from Parramatta to Westmead and back. (Attachment 2 to Report)

2. Carlingford Metro to convert the Carlingford Line to Metro linking Parramatta to Epping and possibly extending to Sydney city. (Attachment 3 to Report)

3. A regional ring road around Parramatta city centre to improve traffic flow in and around Western Sydney and provide an alternative traffic route for non-city centre destination traffic. (Attachment 4 to report).

(b) That Council make the submission to Infrastructure Australia and relevant State Government agencies for their consideration and support.

(d) Further, that staff prepare a further report providing advice on where Council could make a submission seeking funding from other programs.

Culture and Leisure

11.1

SUBJECT Naming of Sporting Oval and Playground at Guildford Park, Guildford (Woodville)

REFERENCE F2005/02186 - D01016488

REPORT OF Supervisor Open Space

10258

RESOLVED (Elmore/Esber)

(a) That the main sporting field at Guildford Park be named the Ron Mondy Field.

(b) That the playground at Guildford Park be named the Margaret Finnie Playground.

(d) Further, that Mr Ronald Mondy and the Guildford County Soccer and Recreation Club be advised of Council’s decision.

ITEM TO BE BROUGHT FORWARD

10259 RESOLVED (Wearne/Chedid)

That Item 13.3 of City Leadership & Management regarding the 2007/08 Finance Report be brought forward and considered at this time due to the presence of Council’s External Auditor, Mr Dennis Banicevic of PriceWaterhouseCoopers.

Community Care

12.1

SUBJECT Western Sydney Area Assistance Scheme (WSAAS)

REFERENCE F2008/03941 - D01031250

REPORT OF Community Capacity Building Officer

10260

RESOLVED (Wilson/Chedid)

(a) That Council acknowledge receipt of the information on the outcomes of the 2007/08 WSAAS round.

(b) That Council continue to support the Western Sydney Regional Organisation of Councils in its action in regard to the changes to the Area Assistance Scheme (AAS).

(c) Further, that the Lord Mayor, Councillor A Issa, OAM and Councillor S Lloyd be appointed as representatives to sit on the WSAAS LRC for a period of two years with Councillor M Lack being appointed as an alternate representative.

12.2

SUBJECT Dob in a Graffiti Vandal

REFERENCE F2005/01934 - D01032321

REPORT OF Crime Prevention Coordinator

10261

RESOLVED (McDermott/Wearne)

(a) That Parramatta City Council immediately setup a graffiti action taskforce to tackle head-on the problem of graffiti. The taskforce should be run by current council staff with input and steering from interested councillors from across the chamber, Liberal, Labor and Independent.

(b) That this taskforce look to recruit representatives from the community relevant to its objectives. The representatives should include local:

1. Area Police;

2. Chamber of Commerce;

3. Street level retailers;

4. Youth organisations;

5. State and/or Federal Government Departments with expertise and experience in tackling the problem of graffiti.

(c) That this taskforce investigate the establishment of community based action groups, encompassing local volunteers, park committees and interested community parties to help, document, report, clear and eradicate graffiti while also using existing council resources and staff as part of this program to manage, co-ordinate and recognise their activities, achievements and concerns.

(d) That this taskforce investigate funding sources including but not limited to:-

1. State and Federal Government Grants;

2. CDC grants from local clubs.

(e) That this taskforce set initial goals of:-

1. Rolling back the current graffiti impacting our community to near zero;

2. Ensuring that all graffiti is removed within 48 hours of its reporting;

3. Parramatta becoming a success model which the rest of Australia can emulate.

(f) That this taskforce investigate the initiation of an advertising and youth and Community education campaign that explains to the Parramatta community, council’s commitment to resolving the graffiti problem through:-

1. The dob-in-a-vandal program;

2. The" broken windows" strategy program;

3. "zero tolerance";

4. Near "immediate removal";

5. Community based reporting through SMS and mobile phone picture reporting;

6. Cataloguing and recording of all tags and vandalism for future prosecution;

7. Incentives for private property owners and businesses to remove graffiti themselves;

8. Treatments to external surfaces that are graffiti resistant;

9. Active and passive surveillance in hot spots;

10. Encouraging specific areas for artistic expression and celebration instead of current graffiti walls;

11. Prosecution of vandal, Juvenile Justice and diversion programs and the like.

(g) That this taskforce liaise with our State & Federal Government colleagues to push for enforcement of current legislation and legislative change where current legislation inhibits council from resolving this problem effectively.

(h) That the taskforce look at any other proven success strategies to assist in resolving the problem of graffiti in Parramatta.

(i) That Council seek powers to remove graffiti from private property, particularly graffiti dealing with racist or other offensive material.

(j) Further, that Councillors be provided with a weekly report from the appropriate officer indicating what sites are being cleaned.

12.3

SUBJECT Access Advisory Committee Meeting

REFERENCE F2005/01942 - D01045222

REPORT OF Community Place Development Officer

10262

RESOLVED (Esber/Wearne)

(a) That the minutes of the Access Advisory Committee meeting held on 5^th August 2008 (Attachment 1 to Report) be received and noted.

(b) Further, that Council write to the Westfield Group to advise that the carpet on levels three and four of Parramatta Westfield shopping centre is unsatisfactory and not compliant with Australian Standards.

12.4

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee 22nd July 2008

REFERENCE F2005/01941 - D01048110

REPORT OF Community Capacity Building Officer

10263

RESOLVED (Esber/Bide)

That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee held on 22^nd July 2008 (Attachment 1 to Report) be received and noted.

City Leadership and Management

13.1

SUBJECT Disclosure of Interests Register as at 30 September 2008

REFERENCE F2004/07102 - D01035277

REPORT OF Policy Review Officer

10264

RESOLVED (Esber/Chedid)

(a) That Council note that all Councillors and employees nominated as ‘designated persons’ by Council, have lodged Pecuniary Interest Returns in accordance with the requirements of the Local Government Act, 1993.

(b) Further, that it be noted that the Pecuniary Interest Returns for the 12 month period ending 30 June 2008 were tabled at the meeting.

13.2

SUBJECT Investments Report for August 2008

REFERENCE F2008/01474 - D01035480

REPORT OF Manager - Finance

10265

RESOLVED (Lack/Esber)

That Council receive and note the investments report for August 2008.

13.3

SUBJECT 2007/08 Financial Report

REFERENCE F2004/05862 - D01041764

REPORT OF Manager - Finance

10266

RESOLVED (Lim/Chedid)

(a) That Council adopt the Financial Report for the year ended 30 June 2008.

(b) That Council authorise the Lord Mayor, Deputy Lord Mayor, Chief Executive Officer and Manager Finance (Responsible Accounting Officer) to sign the following:

General Purpose Financial Report;

Special Purpose Financial Report.

(d) That Council present the 2007/08 audited Financial Report and Auditor’s Report to the public at the Council Meeting of the 24 November 2008.

(e) Further, that Council schedule a Councillors workshop no later than February 2009 to consider the creation of a Finance Committee similar to that of Sydney City Council and other similar organisations so as to achieve the following objectives:

1. Propose new and innovative approaches for higher yields and rates of return from our investments and assets while maintaining a conservative risk management policy;

2. Identify and produce new sources of revenue without raising taxes or rates, including through joint ventures as well as new business opportunities;

3. Identify areas of business inefficiencies and waste to Council;

4. Determine all available grants and partnerships from state and federal governments as well as private benevolent funding sources; and

5. Review Council’s existing resources to support the above.

NOTE: Mr Dennis Banicevic from PriceWaterhouseCoopers was in attendance at the meeting to provide Councillors with information pertaining to this issue.

13.4

SUBJECT A Special National General Assembly 'Local Government Constitutional Summit' - Melbourne Convention Centre - 8-11 December 2008

REFERENCE F2008/02785 - D01027650

REPORT OF Service Manager - Council Support

10267

MOTION (Esber/Lack)

(a) That the Lord Mayor, Councillor A Issa, OAM (or nominee), Councillor G Elmore and another Councillor attend ‘A Special National General Assembly - Local Government Constitutional Summit’ being held at the Melbourne Convention Centre from 8 – 11 December 2008.

(b) Further, that delegate registration, accommodation and out of pocket expenses be paid in accordance with Council Policy on Civic Office Expenses and Facilities for a Category ‘B’ conference.

AMENDMENT (Chedid/Bide)

(a) That the Lord Mayor, Councillor A Issa, OAM (or nominee) and Councillors G Elmore, C X Lim and S Lloyd attend ‘A Special National General Assembly - Local Government Constitutional Summit’ being held at the Melbourne Convention Centre from 8 – 11 December 2008, with the Lord Mayor (or nominee) and Councillors Lim and Lloyd being appointed as the voting delegates.

The motion was withdrawn by Councillor P Esber.

The amendment became the motion and was put and carried.

13.5

SUBJECT Council Workshops

REFERENCE F2004/06950 - D01048120

REPORT OF Manager Executive Support Office

10268

RESOLVED (Lloyd/Esber)

That the list of proposed workshops to be held for the period October to December 2008 be adopted as follows :-

1. Thursday 30 October 2008 - Civic Place Briefing.

2. Wednesday 19 November 2008 - DA Assessment and Administration.

3. Wednesday 26 November 2008 - Parramatta Twenty25 Strategic Plan.

4. Monday 1 December 2008 - Parramatta Draft LEP.

5. Wednesday 3 December 2008 - Review of the Code of Conduct and Associated Policies

13.6

SUBJECT Passenger Vehicle Selection Criteria

REFERENCE F2004/09108 - D01049865

REPORT OF Manager City Operations

10269

MOTION (Finn/Esber)

That Council maintain the minimum 4 star rating but allow the purchase of manual and LPG vehicles with the limitation for purchase of automatic vehicles applying only to pool cars.

AMENDMENT (Bide/Wearne)

(a) That Council receive and note the contents of the report.

(b) That Council endorse the recommended Passenger Vehicle selection criteria.

1. Number of council vehicles;

2. A breakdown of vehicle usage ie operational/staff;

3. Financial benefits for purchasing the same vehicles including purchase of tyres, maintenance etc.

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

Notices of Motion

14.1

10270

SUBJECT Memorandum of Understanding (MOU) with the NSW Labour Council

REFERENCE F2004/07138 - D01042257

FROM Councillor A A Wilson

MOTION (Wilson/Lim)

(a) That the Memorandum of Understanding with the NSW Labour Council be discontinued.

(b) Further, that Council prepare a detailed report outlining its tender process and actions taken to stop:-

1. Disastrous blow outs like the Parramatta and Granville Pool refurbishments.

2. Contraversies like the awarding of the carpark operators contract.

3. Breeches of the act like the awarding of the Civic Place consultancy.

AMENDMENT (Esber/Finn)

(a) That the Memorandum of Understanding with the NSW Labour Council not be discontinued.

(b) Further, that Council prepare a detailed report outlining its tender process and actions taken to stop:-

1. Disastrous blow outs like the Parramatta and Granville Pool refurbishments.

2. Contraversies like the awarding of the carpark operators contract.

3. Breeches of the act like the awarding of the Civic Place consultancy.

The amendment was put and lost.

The motion was put and carried.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.46 pm for a period of 16 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.02 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors A Bide, J Chedid, G Elmore, P Esber, J D Finn, M Lack, C X Lim, S Lloyd, M McDermott, P K Maitra, L E Wearne and A A Wilson.

14.2

SUBJECT Quality Control Department

REFERENCE F2008/00171 - D01046782

FROM Councillor J Chedid

10271

RESOLVED (Chedid/Lloyd)

(a) That Council prepare a report by 31 January 2009 on the implementation of improved quality control standards addressing such issues as staff training and resources, standardised accountability systems and benchmarking.

(b) Further, that Council investigate in this report Total Quality Management (TQM) and external accreditation.

NOTE: Councillor P J Garrard returned to the meeting at 9.04 pm during consideration of this matter.

14.3

SUBJECT Onsite Meeting for Traffic Matters

REFERENCE F2004/06346 - D01046817

FROM Councillor J Chedid

The notice of motion was withdrawn by Clr Chedid.

SUSPENSION OF STANDING ORDERS

10272 RESOLVED (Garrard/Wilson)

That Standing Orders be suspended to enable consideration to be given to an urgent issue regarding statements made by the Prime Minister regarding 1^st home buyers.

The Chairperson ruled that the matter was one of urgency.

SUBJECT Fast Tracking of Development Applications - Federal Government's First Home Buyer Initiative

REFERENCE F2004/07400

FROM Councillor P J Garrard

10273

RESOLVED (Garrard/Lim)

(a) That as a matter of urgency, the CEO set about introducing a system which can fast track development approvals for applicants who may wish to satisfy the Federal Government's recently announced initiative to provide a $21,000 grant to people who wish to build a single dwelling as their first home.

(b) That such a system be aimed at reducing the bureaucratic 'red tape' within the approval process and that such a system remain in place for the duration of the period to which the Federal Government refers to in relation to the scheme.

(c) Further, that the CEO report to Council at the first available meeting on what processes have been put into place to address this initiative and, if necessary, for Council to review any specific delegations required in order for this policy to be actioned.

FURTHER SUSPENSION OF STANDING ORDERS

SUBJECT Respects following Passing of Mr Noel Maybon

REFERENCE F2006/00645

FROM Councillor J Chedid

10274

RESOLVED (Chedid/Wilson)

(a) That Council organise flowers in respect of the passing of Mr Noel Maybon.

(b) Further, that the placement of a suitable plaque with appropriate wording in Vineyard Creek Reserve be investigated and this matter be left in hands of the Lord Mayor and the Federal Member of Granville, The Hon Laurie Ferguson MP – Member for Reid.

Note

Councillor John Chedid provided the following background to the Chamber:-

“I would like to take this opportunity and pay respect to Noel Maybon, President of the Dundas Bushcare Committee Group and pass on our condolences to the Maybon family in regard to the passing of Mr Noel Maybon.

I had the pleasure of knowing Mr Maybon for over four years. Noel was a truly community spirited man. Noel, along with his committee members, Gloria & Ken James and Shauna & Enzo Forlan, dedicated much time and effort in looking after the Vineyard Creek Reserve and spent endless hours cleaning up the reserve and creek. Noel did all this without a great deal of support from any level of government.

Noel was committed against all odds, with his committee, in ensuring that the bush reserve always looked impeccable. Noel did this for one simple reason, his love for the natural environment and for the enjoyment and use by the wider community.

Noel was a true gentleman and an inspiration to me and others in the community. He was viewed as a role model and a community leader who took great pride in his local area.

It was only two weeks ago that Noel and other members of his committee received a Volunteers award through the Federal Government and the support from Federal Member for Reid the Honourable Mr Laurie Ferguson. The award was only a small recognition for the time and effort Noel gave back to the community.

I was privileged and honoured to be there on the day Noel received the award, but more so, honoured to have had the pleasure of knowing him as a person.

Noel passed away doing what he loved best. Last Thursday when he was trimming the overgrown grass at the Vineyard Creek Reserve, he collapsed and died of a heart attack.

He will be missed but always remembered.”

FURTHER SUSPENSION OF STANDING ORDERS

SUBJECT Urgent Committment of Funding for Forensic Pathologists in NSW

REFERENCE F2004/10350

FROM Councillor A Bide

10275

RESOLVED (Bide/Lim)

That Parramatta City Council write to the Hon. Nathan Rees, Premier and Member for Toongabbie, Tanya Gadiel, Member for Parramatta and the Hon David Borger, Minister for Housing and Minister for Western Sydney and Member for Granville seeking an urgent commitment of funding to the Department of Forensic Medicine, NSW Health, to enable that Department to offer forensic pathologists a genuinely internationally competitive remuneration package in light of the World Wide shortage of forensic pathologists so as to attract forensic pathologists to New South Wales and keep the Westmead Coroners Court open as an essential service to the people of Parramatta and Greater Western Sydney.

RESUMPTION OF STANDING ORDERS

10276 RESOLVED (Lim/Wearne)

That Standing Orders be resumed.

CLOSED SESSION

10277

Members of the press and public were then 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 withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1. Lake Parramatta Reserve Kiosk Operation. (D00994703) - 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. Tender for Security Services. (D01018715) - 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. 3/2008 - Construction of Marsden Street Weir Fish Lock.. (D01037891) - 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. 17/2008 Old Saleyards Reserve, North Parramatta - Ground Improvements - Lump Sum Contract.. (D01038095) - 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. 14 King Street, Dundas Valley - Proposed Disposal. (D01044253) - 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. P H Jeffrey Reserve - Proposal to Establish All Weather Court Facility. (D01046442) - 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.

7. Civic Place October Update. (D01032987) - 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.

Note

Prior to the moving into Closed Session, the Lord Mayor invited members of the gallery to make representations on any matters included in Closed Session.

No representations were made.

RESUMPTION OF MEETING

10278

RESOLVED (Garrard/Esber)

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

16.1

SUBJECT Lake Parramatta Reserve Kiosk Operation

REFERENCE F2004/09426 - D00994703

REPORT OF Service Manager Open Space and Natural Resources

10279

RESOLVED (Lim/Bide)

(a) That Council renew the current license agreement for Mr S Vella and Ms M Amos for the operation of the kiosk at Lake Parramatta Reserve, for the amount of $6,341 per annum (excluding GST), plus annual CPI adjustments, for the period of 12 months plus 2 x 6 month options.

(b) That the Chief Executive Officer be authorised to execute the Licence Agreement on behalf of Council under delegated authority.

(c) Further, that Council produce a report outlining the seeking of Expressions of Interest to attract private and/or joint-venture commercial proposals with significantly greater rates of return through either the expansion of the existing kiosk or a new infrastructure that will encompass but not limited to the following:

1. Expanded café and restaurant services;

2. Corporate standard meeting rooms and function facilities; and

3. Facilities and services to support the bush walking and cycling tracks, tours, swimming, rowing, picnics and BBQs.

16.2

SUBJECT Tender for Security Services

REFERENCE F2008/03508 - D01018715

REPORT OF Service Manager - Trades and Building

10280

RESOLVED (Bide/Lim)

That Council refer the tender for a further report, such report to be in a font that is readable throughout and which addresses:-

1. The estimated total budget for each year over the 4 year period;

2. The number and type of events where security is needed;

3. The role of rangers at these events;

4. The cost differential between the tenderers and;

5. Exploring the opportunity for provision of inhouse security.

16.3

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

REFERENCE F2008/00963 - D01037891

REPORT OF Service Manager Capital Projects

10281

RESOLVED (Wilson/Wearne)

(a) That the negotiated price of $530,550 (excl. GST) submitted by Civil Constructions Pty Limited for the construction of the fish lock at the Marsden Street Weir be accepted.

(b) That the unsuccessful companies be so advised.

(c) Further, 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.

16.4

SUBJECT Tender No. 17/2008 Old Saleyards Reserve, North Parramatta - Ground Improvements - Lump Sum Contract.

REFERENCE F2008/03005 - D01038095

REPORT OF Service Manager Capital Projects

10282

RESOLVED (Wilson/Garrard)

(a) That no tender be accepted.

(b) That the tenderers be so advised.

(d) That Councillors be advised of the revised scope of works at the same time as the tender process proceeds.

(e) Further, that the results of the re-tender process be reported back to Council.

16.5

SUBJECT 14 King Street, Dundas Valley - Proposed Disposal

REFERENCE F2004/06915 - D01044253

REPORT OF Property Program Manager

10283

RESOLVED (Wearne/Esber)

That consideration of this matter be deferred for 3 weeks.

16.6

SUBJECT P H Jeffrey Reserve - Proposal to Establish All Weather Court Facility

REFERENCE F2005/02027 - D01046442

REPORT OF Property Program Manager

10284

RESOLVED (Garrard/Lim)

(a) That action be taken to call for Expressions of Interest in the establishment of additional sporting facilities and supporting amenities within PH Jeffery Reserve.

(b) Further, that a further report be submitted to Council following the examination of any Expressions of Interest received

16.7

SUBJECT Civic Place October Update

REFERENCE F2004/06405 - D01032987

REPORT OF Chief Executive Officer

10285

RESOLVED (Esber/Lim)

(a) That Council receive and note this report.

(b) Further, that it be noted that a Civic Place Briefing will take place on Thursday, 30 October 2008.

NOTE: 1. Councillor L E Wearne had previously declared an interest in this matter as a member of the Central Parramatta Planning Committee, the consent authority for Civic Place. Councillor Wearne did not participate in voting on this issue.

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

The meeting terminated at 10.11 pm.

THIS PAGE AND THE PRECEDING 17 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY 20 OCTOBER 2008 AND CONFIRMED ON MONDAY, 10 NOVEMBER 2008.

Lord Mayor