MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 24 November 2008 AT 6:47 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber (arrived 6.48 pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard (Deputy Lord Mayor), M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor A Issa, OAM 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 10 November 2008

10329

RESOLVED (Esber/Lim)

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

DECLARATIONS OF INTEREST

1 Councillor P Esber declared a pecuniary interest in relation to item 9.2 regarding the development application for 13 – 15 Kleins Road and 30 – 36 Briens Road, Northmead as he is an owner of this property.

2 Councillor P B Barber declared a non pecuniary interest in relation to item 9.2 regarding the development application for 13 – 15 Kleins Road and 30 – 36 Briens Road, Northmead as Councillor Esber is well known to Councillor Barber.

Note

Councillor P B Barber arrived at the meeting at 6.48 pm during consideration of this matter.

Public Forum

5.1

SUBJECT 20 Rawson Street, Epping

REFERENCE DA/514/2008 -

FROM Mrs Caroline Barnes

10330

Statement made by Mr Terry Barnes:-

Lord Mayor and Councillors,

Whilst we appreciated the attempts of the applicant to soften the effect of such a huge extension it disappoints us they the applicant feel it necessary to extended the setback out from the existing home.

Rawson Street is situated in a conservation area. No’s 18 to 26 were part of the original Braidbar Estate which was subdivided in 1918. For the first time in virtually 80 years, a developer has submitted an application for an extension to the original home which is larger than the existing home.

Since the applicant purchased the home at No 20 he has had it on the market, both with his own real Estate agency at Cremorne and with the Bruce Lyon agency in Epping.

Council’s Heritage Consultant raised several technical points which did not comply with conservation guidelines:

The addition exceeded 100% of the floor area
The addition encroaches on the extant side setbacks of the house
The carport partially blocks the view of the notable porch
The retention of the fences contemporary with the houses

Modifications required were:

Setbacks equal to the existing house in accordance with the Conservation Area Guidelines
Fence to be retained
The carport to be set back 1m behind an entrance door

Two only of the recommendations to the guidelines have been adhered to.

Residents of Rawson Street rely on Council to uphold the guidelines they have set. We would have appreciated being advised and involved in the discussions held between the applicants architect and Councils Planner and Team Leader regarding the set back extending from the existing home. This unnecessary extension to the existing kitchen area will now continue the full length of this huge extension bringing an enormous bulk even closer to our property, creating a large dark, damp water trap between the garage built on the property line. This planned extension will most certainly be visible from the street as it is now. This proposed extension will also bring it closer to the street that the little step area that exist now.

The applicant has been dealing with Council and as successfully convinced Council to exercise flexibility with there own guide lines. We find this very disappointing – why have these guidelines if they are so easily set aside.

The close proximity of the rear extension will be so imposing that we will lose all enjoyment of being in our patio area and backyard generally – living with a large brick wall is like being in a prison. It will have it’s impact wherever we are in our yard.

This development fails to conserve one of the truly valuable characteristics of the Epping area – i.e. decent spacing around and between the buildings and the open garden setting.

We and other residents have raised this point yet it does not seem to warrant any consideration

We are also struggling to understand how one family’s lifestyle can be so richly enhanced at the expense of another’s. This seems so inequitable.

These points set out the main concerns of Rawson St residents who now have only you councillors here tonight to stand up for them. We at No 18 are the most affected and similarly we have no other avenue other than to ask you councillors to have faith in the importance of guidelines – to believe that protection of all of the lifestyle values in our area is vital to the community not just what it might appear to be from the street.

We implore you to ratify the rescission motion so that we can work together to exhaust all avenues in ensuring a well balanced solution is found.

Alternatively, we are willing to accept the extension past the existing alignment for bedroom 5 if the rear extension is set back in alignment with the existing house.

Note

The above information was as submitted by Mrs Barnes, however, the presentation differed from the submitted information.

SUBJECT Parramatta Cycleways Advisory Commitee

REFERENCE F2005/01941

FROM Mr Ian Macindoe

10331

Background

Prior to Council’s decision to have an official Cycleways Committee chaired by a Councillor and assisted by Council staff, there was an unofficial committee that met regularly for several years. At the request of senior Council staff this unofficial committee put together the first Bike Plan for Council, thereby saving Council several tens of thousands of dollars that would otherwise have been spent on professional consultants. This same committee became the official Parramatta Cycleways Committee, augmented by some additional members of the cycling community. It has continued to serve as a consultation group, saving Council many thousands of dollars over the years.

Assessment of the Parramatta Cycleways Advisory Committee

The assessment on page 14 of the Report is quite positive. However, the three dot points under ‘5. Advice/input into Council processes’ hardly hint at the great amount of expert detail that cycling advocates on the committee have shared with Council staff, including numerous saddle surveys over the years and a plethora of insights and observations that would otherwise not have come to Council’s attention. [It needs to be understood in this regard that observations and conditions experienced from a bicycle saddle often differ in important respects from those imagined from driving an automobile or simply looking at a map.]

With regard to the ‘Summary of Committee’s Weaknesses’, to say that ‘the committee demographics are not representative of the LGA or cyclists’ is to make a statement that is open to serious challenge. Cyclists do not carry out their cycling activities in one or two streets close to their homes, but typically experience large areas of the LGA. The committee has in the past advertised for other community members who are interested in the provisions for cycling to join the committee and, indeed, several have done so, including one who is now a newly-elected Councillor (Clr Glenn Elmore). Also in the past there have been representatives of the local police and, of course, the Roads & Traffic Authority. Any recent dearth of such representatives cannot be laid at the door of the committee itself.

Criticism of the Report’s recommendations

‘The Cycleways Advisory Committee includes a number of active members committed to local cycling issues but there are several key organisations and groups who are not currently represented.’ The solution to this is simple: staff and current committee members can make efforts to recruit from these organisations and groups. Volunteers from such organisations and groups are welcome.

‘The existing structure does not effectively and efficiently serve the growing needs of the community’. Sounds impressive, but what does it mean? Can the reports authors please explain how a new structure will be more effective in assisting Council in the provision of cycling facilities and activities? Lacking any vision or explanation as to an effective and efficient alternative to the Cycleways Advisory Committee it is likely that Council will just have to put its faith in ‘the staff knows best’—some evidence about an alternative is to be preferred to blind conviction.

The author of the document you are presently perusing is both a member of the Residents Panel and a member of the Cycleways Advisory Committee. As far as he is able to judge it is a ‘chalk and cheese’ comparison: residents (who may or may not ride bicycles) will have general notions about what is required for safe cycling, but dedicated cyclists (such as those on the Advisory Committee) have a much better understanding and detailed knowledge of safety and access issues for cycling. [The present author has been advising councils in western Sydney, as well as the RTA, since 1987].

You would not take your Toyota to a bicycle mechanic for diagnosis of its problems or the service it needs. Similarly, a Bike Plan and the specifics of on-road and off-road safety for cyclists should not be left to citizens who have not studied or experienced these matters, no matter how well-intentioned they may be. In the Parramatta Cycleways Advisory Committee Council has the advantage of a group of knowledgeable and enthusiastic cyclists willing to devote time freely to improving cycling for the community. Those advantages are maximised through regular on-going meetings that initiate, then follow up, specific issues and concerns which Council can then address through the expertise of its informed staff.

Note

The above information was as submitted by Mr Macindoe, however, the presentation differed from the submitted information.

PETITIONS

SUBJECT Concerns over Water Quality - Coopers Creek

REFERENCE F2004/06070

FROM C Camenzuli and others

10332

RESOLVED (Bide/Lim)

That the petition be received and noted and referred to the appropriate officer for report.

SUBJECT Objection to Development Application for Brothel - DA/723/2008 - 15 Mary Parade, Rydalmere

REFERENCE DA/723/2008

FROM Holy Name of Mary Catholic Church and others

10333

RESOLVED (McDermott/Chedid)

That the petition be received and noted.

Rescission Motions

7.1

SUBJECT 20 Rawson Street, Epping. (Lot 4 DP 9193) (Lachlan Macquarie Ward).

REFERENCE DA/514/2008 - D01072248

REPORT OF Manager Development Services

10334

MOTION (Wearne/Esber)

That the resolution of the Regulatory Council Meeting held on 10 November 2008 regarding the Development Application for 20 Rawson Street, Epping, namely –

“(a) That Council grant consent to Development Application No. 514/2008 subject to standard conditions and the following extraordinary condition:

1. The premises being used exclusively as a single dwelling house and not being adapted for, or used as a dual occupancy.

Reason: To ensure the premises is used as a sole occupancy.

(b) Further, that the objectors be advised of Council’s determination of the application. “

be and is hereby rescinded.

The motion was put and lost.

DIVISION The result being:-

AYES Councillors Barber, Esber, Finn, Maitra, McDermott and Wearne.

NOES Councillors Bide, Chedid, Elmore, Garrard, Issa OAM, Lack, Lim, Lloyd and Wilson.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10335 RESOLVED (Esber/Barber)

That Items 12.3 of Culture and Leisure and 14.1, 14.2, 14.3 and 14.4 of City Leadership and Management be adopted without discussion in accordance with the staff recommendation.

Note

A notice of motion to rescind Item 14.4 of City Leadership and Management regarding the Status of the ICAC Recommendations was submitted prior to the conclusion of the meeting.

Regulatory Reports

9.1

SUBJECT Church Street Road Reserve and 353A - 353C Church Street, Parramatta. (Arthur Philip Ward).

DESCRIPTION Section 96(1)(A) Modification to an approved outdoor dining for 180 chairs. The modification seeks to relocate 4 tables and associated chairs, erection of an awning and extension of hours of operation. (Location Map - Attachment 2)

REFERENCE DA/26/2006/C - Submitted: 4 July 2008

APPLICANT/S Meat and Wine Company (Parramatta) Pty Ltd

OWNERS Parramatta City Council

REPORT OF Manager Development Services

10336

RESOLVED (Wilson/Finn)

That Council modify Development Consent No. 26/2006 as follows:-

1. Replace condition 1 with the following:

“1. The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, as amended by the conditions of consent.

Drawing N^o	Dated
Job No. 461005, Drawing No. 03 prepared by DS17	January 2006
Job No. 461005, Drawing No. 02 prepared by DS17 – typical seating dimension and railing elevation only, layout of tables and chairs amended by the following plans	January 2006
One plan unnumbered, titled Ground Floor Plan, showing the layout of tables and chairs, prepared by DS17	Undated, received by fax on 19.09.08
One plan titled “Plan” showing layout of 4 tables, prepared by Alfresco Shade	Undated
One plan titled “West Wall Elevation”, prepared by Alfresco Shade	Undated
One plan titled “West Wall Elevation”, prepared by Alfresco Shade	Undated
One plan titled “Section A - A”, prepared by Alfresco Shade	Undated

Document(s)	Dated
Document titled “Statement of Environmental Effects and Statement of Heritage Impact”, prepared by Graham Edds & Associates, as amended by the following documents.	February 2008
Document titled “Statement of Environmental Effects – Proposed Relocation of Outdoor Seating”, prepared by Design Cubicle	July 2008
Document titled “Traffic and Pedestrian Safety Assessment Outdoor Dining Areas”, prepared by Thompson Stanbury Associates	22 April 2008
Waste Management Plan	25/2/2008
Document titled “Transistor Café, 353A Church Street, Parramatta Noise Management Plan and House Policy”, prepared by Karima Catering Enterprises Pty Ltd, with the exception of the components addressing the provision of live music within the site.	21 August 2006
Document titled “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy	21 August 2006

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

2. That the extension of hours not be approved.

3. Replace condition 15 with the following:

15. The outdoor dining area is to be enclosed on a maximum of three sides and the PVC screens are only to be used in rainy or windy weather, in accordance with Council’s Outdoor Dining Policy 2003 or between 10pm and midnight as required by the recommendations of the “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy, dated 21 August 2006.

4. Replace condition 17 with the following:

17. No live entertainment is to be provided within the external dining area or within the associated restaurant.

Reason: To minimise the impact on the amenity of the area.

5. Replace condition 18 with the following:

18. The restaurant and associated outdoor dining area shall at all times be operated in accordance with the recommendations of the “Extended Existing Trading Hours Transistor Café 353A Church Street, Parramatta Environmental Noise Assessment”, prepared by Acoustic Logic Consultancy, dated 21 August 2006” and the “Transistor Café, 353A Church Street, Parramatta Noise Management Plan and House Policy”, prepared by Karima Catering Enterprises Pty Ltd, dated 21 August 2006 as amended by the conditions of this consent.”

Reason: To minimise the impact on the amenity of the area.”

6. The following additional conditions be included in the consent:

19. A noise complaints register is to be maintained on the premises and is to identify all noise complaints and the response taken to such complaints. The register is to be made available for viewing upon request by Council officers or Police.

Reason: Ensure appropriate ongoing management of noise issues.

20. The semi-transparent plastic sheets extending from the northern-most segment of the Church Street seating area (under the umbrella in closest proximity to the pedestrian crossing on Church Street) are to be removed from all 3 sides. The 2 sections of barrier fencing around the periphery of that segment are to be removed. All tables and chairs and other equipment for storage of materials, together with any other material in this area that may block sight lines towards pedestrians using the Church Street crossing are to be removed permanently. These works are to be carried out at the cost of the applicant. Council will cut back the strip hedge along Church Street to be 6m from the pedestrian crossing and will provide feature paving bricks as required at no cost to the applicant.

Reason: To maintain amenity of the streetscape.

21. A 2m wide path of travel is to be maintained to the exit door adjoining the relocated tables and chairs and the existing approved tables and chairs.

Reason: To ensure public safety.

22. Approval is required under section 126 the Roads Act 1993 and an activity approval under Section 68 Part E the Local Government Act 1993 is also required for the proposed works.

Reason: To fulfil requirements under the legislation.

23. That the family of materials match the ironwork on the corner of Church and Market Streets, Parramatta.

DIVISION The result being:-

AYES Councillors Bide, Elmore, Esber, Finn, Garrard, Issa OAM, Lack, Lim, Lloyd, Maitra, McDermott, Wearne and Wilson.

NOES Councillors Barber and Chedid.

9.2

SUBJECT 13-15 Kleins Road and 30-36 Briens Road Northmead (Lots 1-5 DP 15342 and Lot B DP 320582) (Arthur Phillip Ward)

DESCRIPTION Demolition and construction of a 2 storey mixed use development containing a supermarket and 9 residential units over basement parking for 66 vehicles. (Locality Map attachment 1)

REFERENCE DA/212/2008 - Submitted 2 February 2008

APPLICANT/S Milestone Management Pty Ltd

OWNERS Mr K Lewis, Mrs K Scully, Ms D Esber, Mr N Esber, Councillor P Esber, Mr D Petratos, Mrs P Petratos, Mr E Jones and Mrs M Campbell.

REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 21 November 2008.

10337

RESOLVED (Lim/Chedid)

(a) That Development Application DA/212/2008 be deferred to a conciliation meeting at an available council chamber building meeting room with the applicant, council officers and objectors to address the following:-

The traffic impact from the delivery hours;
The noise impact from the garbage compactor operating during the hours up to 10pm;
The possible further traffic congestion derived from the combination of the latent popularity of Aldi supermarkets, its site being on an arterial road, its access being off an arterial road, and the existing “D” level of service as rated by the SIDRA traffic analysis programme.

b) Further, that this development application be again referred to the Parramatta Traffic Committee seeking their opinion and/or proposals should this application create an “E” or “F” level of service particularly for Kleins Road by the SIDRA traffic analysis programme.

DIVISION The result being:-

AYES Councillors Bide, Chedid, Finn, Garrard, Issa OAM, Lack, Lim, Lloyd, McDermott, Maitra, Wearne and Wilson.

NOES Councillor Elmore.

Note

1. Councillor P Esber declared a pecuniary interest as he is an owner of the property and temporarily retired from the meeting during consideration and voting on this matter.

2. Councillor P Barber declared a non pecuniary interest as the owner, Councillor P Esber, is well known to him and temporarily retired from the meeting during consideration and voting on this matter.

9.3

SUBJECT First Home-Owners Boost Scheme - Fast Tracking Development Applications

REFERENCE F2004/07400 -

REPORT OF Manager Development Services

10338

MOTION (Garrard/Lloyd)

(a) That the CEO be delegated the function of Council to

1. Approve development applications for the construction of single dwelling houses in cases where the applicant is eligible for the ‘First Home Owner Boost Scheme’ irrespective of the number of submissions received for the period 14 October 2008 to 30 June 2009 (inclusive).

(b) Further, that the current on-site meeting process be suspended for development applications that seek approval to the construction of single dwelling house in cases where the applicant is eligible for the ‘First Home Owner Boost Scheme’ for the period 14 October 2008 to 30 June 2009 (inclusive).

AMENDMENT (Wearne/Finn)

(a) That the CEO be delegated the function of Council to:-

The amendment was put and lost.

DIVISION The result being:-

AYES Councillors Barber, Finn, Wearne and Wilson The

NOES Councillors Bide, Chedid, Elmore, Esber, Garrard, Issa, OAM, Lack, Lim, Lloyd, McDermott and Maitra.

The motion was put and carried.

DIVISION The result being:-

AYES Councillors Bide, Chedid, Elmore, Esber, Garrard, Issa, OAM, Lack, Lim, Lloyd, McDermott and Maitra.

NOES Councillors Barber, Finn, Wearne and Wilson The

City Development

10.1

SUBJECT Merrylands RDS Area (Further Report)

REFERENCE F2006/01198 - D01049777

REPORT OF Acting Manager Land Use and Transport Planning

10339

MOTION (Lloyd/Chedid)

That Council adopt the draft planning controls for the RDS Centre of Merrylands as shown at Attachment 2 (Option 1) with the inclusion of the land on the northern of side of Albion Street back to the shopping centre with a zoning of R4, an FSR of 0.8 to 1 and height limit of 11 metres and that these be incorporated into the draft Parramatta Local Environmental Plan 2008 prior to its exhibition.

AMENDMENT (Garrard/Bide)

That Council adopt the draft planning controls for the RDS Centre of Merrylands as shown at Attachment 3 (Option 2), and that these be incorporated into the draft Parramatta Local Environmental Plan 2008 prior to its exhibition.

The amendment was put and carried.

Division The result being:-

Ayes Councillors Bide, Elmore, Esber, Finn, Garrard, Lack, McDermott, Maitra and Wilson.

Noes Councilllors Barber, Chedid, Issa OAM, Lim, Lloyd and Wearne.

The amendment was then put as the motion and was again carried.

Division The result being:-

Ayes Councillors Bide, Elmore, Esber, Finn, Garrard, Lack, McDermott, Maitra and Wilson.

Noes Councilllors Barber, Chedid, Issa OAM, Lim, Lloyd and Wearne.

Note

1. During discussion on this matter, the Deputy Lord Mayor Councillor P J Garrard assumed the Chair to enable the Lord Mayor, Councillor A Issa OAM to participate in debate. The Lord Mayor returned to the Chair prior to the matter being put to the vote.

2. A notice of motion to rescind this decision was submitted on 26 November 2008

Roads Paths Access and Flood Mitigation

11.1

SUBJECT Review of M4 Toll

REFERENCE F2008/01549 - D01071410

REPORT OF Senior Project Officer - Transport Planning

10340

MOTION (Finn/Elmore)

(a) That Council take no further action on this matter.

(b) That Council restate its opposition to the M4 toll and any extension to the toll beyond 2010.

(c) Further, that should congestion charging be introduced for Sydney CBD, that the charges be levied close to the CBD and not at the location of the existing M4 toll.

AMENDMENT (Lim/Lloyd)

(a) (a) That Council make a submission to the Roads and Traffic Authority (Attachment 1) for its consideration of the future operation of the M4 on the basis of the following summary recommendations:-

1. The RTA strongly consider removing the M4 toll given that no significant commitment has been made to contribute towards new public transport infrastructure in Parramatta and Western Sydney from revenues from tolls.

2. Alternatively, if the RTA retains the M4 toll as a demand management tool, that the RTA should retain the Cashback scheme after 2010 while contributing towards new public transport infrastructure in Parramatta particulary and Western Sydney generally from revenues from tolls not covered by Cashback.

3. The toll be electronic payment collection only based to improve traffic efficiency and capacity.

4. A distance based toll be introduced along all motorways as a fairer method of tolling and to reduce toll avoidance.

5. Additional access ramps to the M4 be considered at James Ruse Drive and Church Street, Parramatta.

(b) Further, that Council forward the submission to local State and Federal MPs and local Councils for their consideration and support.

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

11.2

SUBJECT Parramatta Traffic Committee - 6 November 2008

REFERENCE F2004/06921 - D01072336

REPORT OF Traffic and Transport Investigations Engineer

10341

RESOLVED (Esber/Elmore)

(a) That Council adopt the recommendations of the Parramatta Traffic Committee held on 6 November 2008.

(b) Further, that staff work with the assistance of the Chairperson of the Parramatta Traffic Committee, to ensure that reports forwarded to Council from the Committee are more concise and its recommendations made more clear in future.

11.3

SUBJECT Traffic Engineering Advisory Group - 6 November 2008

REFERENCE F2004/06921 - D01072341

REPORT OF Traffic and Transport Investigations Engineer

10342

RESOLVED (Esber/Lloyd)

(a) That Council adopt the recommendations of the Traffic Engineering Advisory Group meeting held on 6 November 2008.

(b) Further, that staff work with the assistance of the Chairperson of the Traffic Engineering Advisory Group, to ensure that reports forwarded to Council from the Advisory Group are more concise and its recommendations made more clear in future.

Culture and Leisure

12.1

SUBJECT Naming of an Unnamed Public Reserve in Parramatta as Baludarri Wetland

REFERENCE F2008/01238 - D01054190

REPORT OF Recreation Planner

10343

MOTION (Lack/Esber)

(a) That the unnamed public reserve at the end of Broughton and Pemberton Streets in Parramatta be endorsed in principle as Baludarri Wetland, and be referred to the Geographical Names Board of NSW for formal assignment under the Geographical Names Act 1966.

(b) That if approval is granted by the Geographical Names Board, a park name sign be erected at the reserve, to be funded from the parks improvement capital works budget.

(c) Further, that any persons who lodged a submission in relation to the proposed name be advised of Council’s decision.

AMENDMENT (Chedid/Lim)

That consideration of this matter be deferred to the next Council Meeting to enable officers to undertake research of the history of the area including those persons involved in the surrounds.

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

12.2

SUBJECT Parramatta Cultural Trust

REFERENCE F2007/02363 - D01072226

REPORT OF Arts and Cultural Project Officer - Animating the City - City Culture, Tourism and Recreation.

10344

RESOLVED (Chedid/Lloyd)

(a) That Council receive and note the contents of this report outlining the Cultural Trust’s proposed staged approach to its development

(b) Further, that Council re-nominate the Lord Mayor and Councillors P B Barber and C X Lim to the Parramatta Cultural Trust Advisory Committee, with Councillor P Maitra being nominated as an alternate to the Advisory Committee.

12.3

SUBJECT Sir Thomas Mitchell Reserve, 21B Yates Avenue Dundas Valley

REFERENCE F2008/03679 - D01072292

REPORT OF Property Program Manager

RECOMMENDATION

(a) That Council accepts the transfer of land titles for Sir Thomas Mitchell Reserve at 21B Yates Avenue Dundas Valley.

(b) Further, that the Lord Mayor and the Chief Executive Officer be authorised to affix the Council seal to the documentation for transferring Lot W DP 36696, Lots 1134 and V DP 36698 being the land titles for Sir Thomas Mitchell Reserve, to Council.

NOTE: This matter was adopted under Minute No 10335 - Development Applications Adopted Without Discussion.

12.4

SUBJECT Proposed Additional Dog Off-Leash Areas

REFERENCE F2005/00856 - D01074043

REPORT OF Supervisor Open Space

10345

MOTION (Wilson/Chedid)

(a) That Council approve additional dog leash free areas at Barnett Park and Dan Mahoney Reserve.

(b) That the above sites be provided with appropriate disposal facilities for dog faeces and be signposted accordingly.

(c) That Council adopt two additional dog leash free sites at Burlington Memorial Park (Northmead) and Scout Memorial Park (Granville) for the purpose of public exhibition.

(d) That following the public exhibition period a further report regarding the sites be presented to Council for consideration.

(e) That staff conduct a survey in the surrounds of George Kendall Riverside Park regarding the possible implementation of an off leash area at this location.

(f) Further, that rottweilers and pit bulls be defined as a dangerous breed.

AMENDMENT (Finn/Esber)

(a) That Council approve additional dog leash free areas at Barnett Park, Dan Mahoney Reserve and George Kendall Reserve (east of Spofforth Street).

(b) That the above sites be provided with appropriate disposal facilities for dog faeces and be signposted accordingly.

(c) That Council adopt two additional dog leash free sites at Burlington Memorial Park (Northmead) and Scout Memorial Park (Granville) for the purpose of public exhibition.

(d) That following the public exhibition period a further report regarding the sites be presented to Council for consideration.

(e) That Council also investigate further the use of cycleway land immediately to the north of A’Becketts Creek fronting Alfred Street and other parcels of lands under the M4.

(f) Further, that rottweilers and pit bulls be defined as a dangerous breed.

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

Note

A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

Community Care

13.1

SUBJECT Response to Council Request to Report on Advisory Committee Achievements

REFERENCE F2005/01941 - D01070320

REPORT OF Community Capacity Building Officer; Community Capacity Building Officer

10346

MOTION (Barber/Finn)

(a) That Council retain its Access, Aboriginal and Torres Strait Island, Cycleways and Heritage Committees and undertake recruitment drives in an attempt to strengthen them so as to improve their effectiveness.

(b) That Council not re-establish in its current form the Arts Advisory Committee and that the City Culture, Tourism and Recreation Unit staff establish a broader community engagement strategy across the arts Community that will involve regular forums and other consultation mechanisms.

(c) That the Community Safety Advisory Committee is not re- established in its current form and that the previous membership is integrated appropriately into the Community Safety Precinct Committee and the Leadership Group which will oversee progress on the CBD Crime Prevention Strategy Implementation Plan.

(d) That the Multicultural Advisory Committee not be re-established in its current form and the previous members be invited to join the Residents Panel to increase the number of CALD community members.

(e) That the Youth Advisory Committee is not re-established in its current form and the CCB Team continue to develop and implement a range of other, more appropriate community engagement strategies, including 6 monthly forums for young people.

(f) Further that Council write to all retiring members of the Community Advisory Committees thanking them for their support during the previous Council term and inviting them to join the Residents Panel.

AMENDMENT (Lim/Bide)

(a) That consideration of this matter be deferred to at least one Councillor Workshop to discuss the future strategic goals, operations of and support for Advisory Committees.

(b) That the Chairperson or 1 representative of each advisory committee be invited to attend the workshop to present their work to date, terms of reference, alignment to Council’s goals, their operations and Council support received.

(d) Further, that all existing advisory committees and their current and retiring members be thanked for their contribution to date and be allowed to continue until Council makes it decision in regard to the future of advisory committees.

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

City Leadership and Management

14.1

SUBJECT Presentation of 2007/08 Financial report to the Public

REFERENCE F2004/05862 - D01051071

REPORT OF Manager - Finance

RECOMMENDATION

That it be noted the 2007/08 Financial Report and the Auditors Report were received and presented to the public.

NOTE: This matter was adopted under Minute No 10335 - Development Applications Adopted Without Discussion.

14.2

SUBJECT Investments Report for September 2008

REFERENCE F2008/01474 - D01062797

REPORT OF Manager - Finance

RECOMMENDATION

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

NOTE: This matter was adopted under Minute No 10335 - Development Applications Adopted Without Discussion.

14.3

SUBJECT 2008/09 Management Plan - September Quarterly Review

REFERENCE F2008/03450 - D01065734

REPORT OF Manager - Finance

RECOMMENDATION

(a) That Council adopt the Chief Executive Officer’s September 2008 Quarterly Review of the 2008/09 Management Plan and Budget. (Attachment 1).

(b) That Council note and approve the actual results and variations to the previously adopted budget estimates for the 2008/09 financial year as detailed in Attachment 1.

(c) Further, that Council adopt the Responsible Accounting Officer’s report on the financial position of the Council.

NOTE: This matter was adopted under Minute No 10335 - Development Applications Adopted Without Discussion.

14.4

SUBJECT Status Report of Implementation of ICAC Recommendations

REFERENCE F2007/01985 - D01070624

REPORT OF Manager Service Audit and Review

RECOMMENDATION

(a) That Council receive and note this report.

(b) Further, that Council refer this report together with the schedule at Attachment 1 to the ICAC for information.

NOTE

This matter was adopted under Minute No 10335 - Development Applications Adopted Without Discussion.
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 8.44 pm for a period of 15 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.59 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors P B Barber, A Bide, G Elmore, P Esber, J D Finn, P J Garrard, M Lack, C X Lim, S Lloyd, M McDermott, P K Maitra and A A Wilson.

SUSPENSION OF STANDING ORDERS

10347 RESOLVED (McDermott/Esber)

That Standing Orders be suspended to enable consideration of an urgent motion relating to the graffiti wall and amphitheatre in Sturt Park, Telopea.

The Lord Mayor ruled the matter was one of urgency.

SUBJECT Demolition of Graffiti Wall and Amphitheatre in Sturt Park, Telopea

REFERENCE F2005/01893

FROM Councillor M McDermott

10348

MOTION (McDermott/Wilson)

(a) That Council approve the immediate demolition and removal of the following structures in Sturt Park Telopea:-

1. The Graffiti Wall between the tennis & basketball court;

2. The Amphitheatre at the bottom of the park beside the creek.

(b) That the Graffiti wall be replaced with a mesh fence to complete the remaining fence and the area from where the amphitheatre is removed be returfed to provided a visible open space.

(d) That appropriate signs be placed in the park detailing the illegality of graffiti in the park and immediate area.

(e) That this work be funded immediately from either Section 94 or Elizabeth Macarthur Urgent Works funds.

(f) Further, that a report be provided by Council officers on Safety by Design for all of Sturt Park.

AMENDMENT (Chedid/Bide)

(a) That consideration of this matter be deferred and a report be provided by Council officers on Safety by Design for all of Sturt Park.

(b) That in addition, consultation be held with the community and stakeholders who use the park.

The amendment was put and lost.

The motion was put and carried.

Note

1. Councillors J Chedid and L E Wearne returned to the meeting at 9.01 pm during consideration of this matter.

2. A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

FURTHER SUSPENSION OF STANDING ORDERS

10349 RESOLVED (Garrard/Lim)

That Standing Orders continue to be suspended to enable consideration of an urgent motion pertaining to the development application submitted for 356 Church Street, Parramatta.

The Lord Mayor ruled the matter was one of urgency.

SUBJECT Development at 356 Church Street, Parramatta

REFERENCE DA/466/2008

FROM Councillor P J Garrard

10350

RESOLVED (Garrard/Lim)

That in relation to the Development Application addressing 356 Church Street, Parramatta and the Section 82 Review which is presently lodged with Council:-

1. Council cancel the previously proposed Council on site inspection arranged for this premises;

2. Council seek to facilitate a meeting with the applicant and the 4 relevant stakeholders associated with the development in order to further assess the merits of the Section 82 Review.

3. Council take urgent action to invite the 4 stakeholders to such a meeting being the NSW Heritage Council, NSW Department of Planning, NSW Traffic Authority and the applicant;

4. Interested Councillors be invited to attend the meeting, with the meeting to be chaired by staff;

5. The minutes of the meeting be provided to all parties including Councillors.

RESUMPTION OF STANDING ORDERS

10351 RESOLVED (Esber/Garrard)

Standing Orders be resumed.

14.5

SUBJECT Tender No 29/2008 Westpool/UIP Service Providers Broking and Claims Management

REFERENCE F2004/06882 - D01072369

REPORT OF Service Manager Commercial and Risk

10352

RESOLVED (Finn/Esber)

(a) That the Council resolve that Westpool be delegated authority to undertake a review of our insurance broker and claims management team on council’s behalf.

(b) That the results and recommended tenderers be submitted back to Council for approval.

(c) Further, that Westpool be also requested to provide options for self insurance for Council’s workers compensation when the current policy ends.

14.6

SUBJECT Affirmation and Review of Civic Office Expenses and Facilities Policy

REFERENCE F2005/02435 - D01070627

REPORT OF Policy Review Officer

10353

MOTION (Garrard/Lloyd)

(a) That Council amend the current policy for the provision of Civic Office Expenses and Facilities to comply with the relevant Department of Local Government Guidelines as it relates to the open - endedness of Council’s cab charge policy and local and interstate travel.

(c) That Council provide copy of the report to the Department of Local Government by 30 November 2008 in accordance with Department guidelines.

(d) Further, that Council reconsider further improvements to the policy at a future meeting with a view to placing on public exhibition any proposals for substantial changes to the policy in accordance with S253 of the Local Government Act.

AMENDMENT (Finn/Barber)

(b) That Council adopt the Policy Review Officer Report relating to overseas, interstate and local travel and that the 2 cab charge figures read $3000 and $6000 respectively for Councillors and the Lord Mayor and with the deletion of Part 3 (f) relating to the provision of Business Class Travel for flights of more than 2 hours duration.

(c) That Council provide copy of the report to the Department of Local Government by 30 November 2008 in accordance with Department guidelines.

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

DIVISION (Finn/Maitra)

The result being:-

AYES Councillors Barber, Elmore, Esber, Finn, Lack, Lim, Maitra and McDermott.

NOES Councillors Bide, Chedid, Garrard, Issa, Lloyd, Wearne and Wilson.

The Lord Mayor again declared the motion (which had initially been the amendment) carried.

Notices of Motion

15.1

SUBJECT Congratulations to Councillor Prabir Maitra

REFERENCE F2008/04117 - D01052041

REPORT OF Councillor G J Elmore

10354

RESOLVED (Elmore/Wilson)

That Council congratulate Councillor Prabir Maitra as the first Bangladesh born person to be elected to local government in Australia.

15.2

SUBJECT Traffic Congestion in Epping

REFERENCE F2004/07422 - D01070246

REPORT OF Councillor A A Wilson

10355

RESOLVED (Wilson/Esber)

That Parramatta City Council form a Lobbying Committee with Hornsby Shire Council together with the State and Federal Members to resolve the traffic congestion along Carlingford Road to Beecroft Road and over the bridge to the Hornsby side of Epping.

15.3

SUBJECT Annual Christmas Lights Decorations Competition beginning 2009

REFERENCE F2004/09855 - D01073007

REPORT OF Councillor C X Lim

10356

RESOLVED (Lim/Lloyd)

That Council prepare a report outlining a budget proposal for the 2009/2010 year and then annually such that the Council will:

1 Conduct an Annual Christmas Lights Decorations Competition in our suburbs and local businesses;

2 Promote this Annual Competition throughout its suburbs and local businesses in order to make Parramatta the most attractive city during Christmas;

3 Attract sponsorship to offset some of the operational costs as well as provide prizes for its winners in the residential and commercial categories, as well as on the basis of creativity, innovation, animation, alignment to the Christmas season; and

4 Award prizes to the residences and businesses, as well as the nominators.

15.4

SUBJECT Protecting the Privacy of Individuals Submitting Objections to Development Applications

REFERENCE F2005/02497 - D01073010

REPORT OF Councillor C X Lim

10357

RESOLVED (Lim/Chedid)

(a) That Council prepare a report outlining how it will protect individuals' personal details when they submit their views and/or objections towards Development Applications to guard against any potential abuse by a small minority of applicants.

(b) Further, that Council draw from similar policies of other governments, for example Hornsby Council, where individuals' personal details like telephone number, e-mail address, surname, and signature, are blacked out or blocked only when such information is publicly available on the Internet, while still maintaining the ability of the public to access such information via the standard Freedom of Information processes.

15.5

SUBJECT Internal Council Ombudsman

REFERENCE F2004/07397 - D01073559

REPORT OF Councillor A Bide

10358

RESOLVED (Bide/Chedid)

(a) That the CEO investigate and report back on the success of an internal council ombudsman at other councils such as that employed by Sutherland Shire Council. It is requested that a cross section of such councils be examined.

(b) Further, that the Council’s previous proposal to establish an external ombudsman with other WSROC councils be revived.

15.6

SUBJECT Delegations from Council

REFERENCE F2004/07400 - D01073593

REPORT OF Councillor A Bide

10359

RESOLVED (Bide/Esber)

That the CEO provide a comprehensive report outlining all delegations from Council in place at the present time.

15.7

SUBJECT Whistleblower Protection Policy

REFERENCE F2004/07397 - D01073623

REPORT OF Councillor A Bide

10360

RESOLVED (Bide/Esber)

That the CEO provide a comprehensive report to Council on the Whistleblower Protection Policy as identified at page 40 of the PCC 2006/2007 Annual Report. It is requested that the following be included:-

(a) Adoption or utilisation of Department of Local Government Model Internal Reporting Policy as set out in DLG Circular 97/8 and the date of implementation.

(b) The number of Protected Disclosures made pursuant to the Protected Disclosures Act 1994 and the Whistleblower Protection Policy. Can this graphed year on year?

(c) Include copies of memos, brochures, and posters disseminated to staff and stakeholders advertising the Whistleblower Protection Policy used to promote the program.

(d) Information on how to reach the Whistleblower Protection Policy via the ParraCity Intranet.

(e) Provide a full copy of the Whistleblower Protection Policy.

(f) Provide details of the whistleblower hotline if one exists.

(g) Provide a confidential report on an actual case without names, and final results.

CLOSED SESSION

The Lord Mayor invited the public to make representations in relation to any items to be considered in Closed Session.

A member of the public sought clarification as to whether the decisions of Closed Session would be made public.

The Lord Mayor replied in the affirmative.

10361

RESOLVED (Wearne/Chedid)

Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Proposed Developer Contributions Framework - 61 Mobbs Lane Epping - Channel 7 Site. (D01072456) - 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 No. 19/2008 Memorial Drive, Granville - Construction of Stormwater Drainage, Reconstruction of Kerb and Gutter, Road Pavement and Associated Works.. (D01065736) - 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. 18/2008 Guildford Road, Guildford Town Centre Upgrade - Civil, Drainage, Paving, Landscape and Streetscape Works.. (D01070016) - 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. 23/2008 Colquhoun Park Cycleway - Construction of Concrete Cycleway and Associated Civil and Landscape Works.. (D01070198) - This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

5 Tender for Security Services. (D01072526) - 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.

RESUMPTION OF MEETING

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

16.1

SUBJECT Proposed Developer Contributions Framework - 61 Mobbs Lane Epping - Channel 7 Site

REFERENCE F2005/02607 - D01072456

REPORT OF Project Officer

10362

RESOLVED (Wilson/Wearne)

(a) That Council endorse a submission to the Department of Planning raising objection to the revised developer contributions framework put forward by the applicant, as the framework does not provide adequate community facilities, satisfy infrastructure demand generated by the proposal or result in sufficient public benefit commensurate with the scale of development proposed.

(b) Further, that Council request the Department of Planning require, at a minimum, the items outlined in Table 3 of Attachment 1, with the deletion of the open space credit, in any development contributions framework imposed.

DIVISION The result being:-

AYES Councillors Barber, Bide, Chedid, Elmore, Esber, Finn, Garrard, Issa OAM, Lack, Lim, Lloyd, McDermott, Maitra, Wearne and Wilson.

NOES Nil.

16.2

SUBJECT Tender No. 19/2008 Memorial Drive, Granville - Construction of Stormwater Drainage, Reconstruction of Kerb and Gutter, Road Pavement and Associated Works.

REFERENCE F2008/03663 - D01065736

REPORT OF Service Manager Capital Projects

10363

RESOLVED (Esber/Lim)

(a) That the tender submitted by Murphy McCarthy & Associates for the construction of stormwater pipe amplification at Memorial Drive, Granville for the sum of $494,736.58 (excluding GST) be accepted.

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

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

16.3

SUBJECT Tender No. 18/2008 Guildford Road, Guildford Town Centre Upgrade - Civil, Drainage, Paving, Landscape and Streetscape Works.

REFERENCE F2008/03500 - D01070016

REPORT OF Service Manager Capital Projects

10364

RESOLVED (Garrard/Esber)

(a) That the tender submitted by Sydney Civil Pty Ltd for the construction of civil, drainage, paving, landscape and streetscape works at Guildford Road Guildford Town Centre for the sum of $952,113.00 (excluding GST) be accepted.

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

(c) (c) That the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

(d) Further, that Council carry out an external audit on the performance of works across the city and the results of the external audit be referred to the Audit Committee and a Council Workshop.

16.4

SUBJECT Tender No. 23/2008 Colquhoun Park Cycleway - Construction of Concrete Cycleway and Associated Civil and Landscape Works.

REFERENCE F2008/04136 - D01070198

REPORT OF Service Manager Capital Projects

10365

RESOLVED (Bide/Chedid)

(a) That the tender submitted by Sydney Civil Pty Ltd for the construction of a concrete cycleway and associated civil and landscape works at Colquhoun Park, Granville for the sum of $160,619.25 (excluding GST) be accepted.

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

(c) That the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

(d) Further, that Council carry out an external audit on the performance of works across the city and the results of the external audit be referred to the Audit Committee and a Council Workshop.

16.5

SUBJECT Tender for Security Services

REFERENCE F2008/00400 - D01072526

REPORT OF Service Manager - Trades and Building

10366

RESOLVED (Chedid/Lloyd)

(a) That the tender submitted by Tricorp Security for the provision of Security Services be accepted for a 2 year period with a view to obtaining better engagement with the security company.

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

(c) That the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

(d) That Council officers prepare a report after each event on the performance of the contractor.

(e) Further, that Council set more aggressive KPIs to drive a higher level of service from the security supplier.

RESCISSION MOTIONS

The Lord Mayor advised that the following Rescission Motions had been received prior to the conclusion of the meeting:-

A notice of motion submitted by Councillors Wilson, Chedid and Lloyd to rescind Item 12.4 of Culture and Leisure regarding additional leash free areas (Minute No 10345);
A notice of motion submitted by Councillors Wilson, Bide and Lim to rescind Item 14.4 fo City Leadership and Management regarding the Status of ICAC Recommendations (Minute No. 10335);
A notice of motion submitted by Councillors Barber, Chedid and Lloyd to rescind Minute No. 10348 raised as a Suspension of Standing Orders regarding Demolition of the Graffiti Wall and Amphitheatre at Sturt Park, Telopea.

The meeting terminated at 10.45 pm.

Note

A notice of motion to rescind Item 10.1 regarding the Merrylands RDS was submitted on 26 November 2008.

THIS PAGE AND THE PRECEDING 28 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 24 NOVEMBER, 2008 AND CONFIRMED ON MONDAY, 8 DECEMBER 2008.

Lord Mayor