MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 15 December 2008 AT 6:47 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid (arrived 6.48 pm), G J Elmore, P Esber, J D Finn, P J Garrard (Deputy Lord Mayor), M A Lack, C X Lim (arrived 6.51pm), S D Lloyd, P K Maitra, M D McDermott, L E Wearne (arrived 6.51pm) 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 Regulatory Council Meeting held on 8 December 2008
10398	RESOLVED (Esber/Lloyd) That the minutes be taken as read and be accepted as a true record of the Meeting.

DECLARATIONS OF INTEREST

1 Councillor G Elmore declared a non pecuniary interest in relation to Item 9.3 regarding 25 Carson Street, Dundas as his assistant at Energy Australia had made an objection in relation to this matter.

2 Councillor P Esber declared an interest in relation to Item 11.7 – Traffic Engineering Advisory Group and particularly Business Item 11 regarding the proposed Aldi Store in Kleins Road, Northmead as he is an owner of the subject site.

3 Councillor P Barber declared an interest in relation to Item 15.5 of Closed Session regarding the Civic Place Update as Councillor Barber is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place.

4 Councillor J Chedid declared an interest in relation to Item 15.5 of Closed Session regarding the Civic Place Update as Councillor Chedid is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place

5 Councillor L E Wearne declared an interest in relation to Item 15.5 of Closed Session regarding the Civic Place Update as Councillor Wearne is a member of the Central Parramatta Planning Committee, the consent authority for Civic Place

NOTE: Councillor J Chedid arrived at the meeting at 6.48 pm during consideration of this matter.

MINUTES OF THE LORD MAYOR

1

SUBJECT Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period REFERENCE F2004/07400 FROM The Lord Mayor, Councillor A Issa OAM

10399

RESOLVED (Issa/Chedid) That the Lord Mayor, Councillor A Issa OAM and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period 16 December 2008, until 6 February 2009, to deal with important or urgent business of the Council including the determination of development applications subject to:- 1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting. 2 Prior to any item being considered at the Delegated Authority Meeting, any Councillor be permitted to refer such item to full Council for consideration. 3 The Agenda and Minutes for all of the business dealt with under delegation over this period being submitted to the Council Meeting on 9 February 2009. NOTE: Councillors C X Lim and Councillor L E Wearne arrived at the meeting at 6.51pm during consideration of this matter.

2

SUBJECT Feasibility of Cycle Hire Facility REFERENCE F2007/00667 FROM The Lord Mayor, Councillor A Issa OAM

10400

RESOLVED (Issa/Bide) (a) That Council receive a report into the best financial and governance means by which a low-cost, secure, efficient, high quality and appropriately marketed bicycle hire or lending service could be established in the Parramatta CBD, with investigation into the differing cost feasibilities and impacts of whether the bikes are for commercial hire or for lending. (b) Further, that the report also consider how this service could dovetail with Council’s new heritage tourism Parramatta Story Project and also its way -finding new signage initiative for 2009; the draft Bike Plan 2008, now on exhibition; the ongoing development of new cycleways, especially on Parramatta River;Council’s sustainability goals; and its wider vision to promote a relaxed and environmentally friendly city where visitors and bicycles are welcome .

PUBLIC FORUM

1

SUBJECT Upzoning (Option 1) of Railway Terrace, between Merrylands Road and Mombri Street, Merrylands REFERENCE F2006/01198 FROM Ms K Ivanovska and Mr W Brass

10401

STATEMENT “Dear Dr Lang, In August 2008, at a Council Meeting, the Councillors voted FOR OPTION 1 of the Draft proposal for up zoning of the land to a mixed use, between Merrylands Road, Railway Terrace and Mombri Street in Merrylands 2160. A petition was presented to Council signed by residents in favour of Option 1 (attached). Quite a few houses were locked at the time and some NESB (Non-English Speaking Background) families were ‘not interested’, I would emphasize that they could not comprehend what the petition is about. David Borger, MP at that last meeting, suggested that the matter was left to the new Council to make a decision again, after the elections in September 2008. This action was mischievous and unnecessary as all it did was generate more time and resources devoted to more discussion and debate on a matter which was already decided by Councillors in August. It also inferred that the outgoing Councillors were lame ducks who were just biding their time till the next Council elections. A flyer authorised by Councillor Paul Garrard (attached), instigated the question: DO YOU WANT HIGH RISE DEVELOPMENT? Dated 28.11.08, it was distributed to families along Merrylands Road and Smythe Street, but not on Railway Terrace – the main area of concern. The peculiar interest of Clr Garrard’s flyer and contradiction of information are to be noted. A few sentences from this flyer were used verbatim by a resident from Smythe Street, who read a letter at the Council Meeting on 08.12.2008, e.g.: ¨ Mentioning Councillor Wearne ¨ Mentioning the Department of Planning etc …. This turned out to be misleading and false when Councillor Geoff King answered the points in that letter. (sic). We, the concerned ratepayers of PCC would like to express our concern Re: The future development of this area. CURRENT CBS DEVELOPMENT Parramatta City Centre, Auburn City Centre, Fairfield City Centre, Westmead, Bankstown City Centre and many more have high density developments and the streets are average; there is nothing extraordinary about them. The foresight and intelligence of the town planners are called on to make roads and traffic move smoothly. The CBD of Merrylands is no different from any of those suburbs In general, Railway Terrace does not have heavy traffic passing through. Railway Terrace, around Merrylands Station, had three lanes some years ago. It was narrowed down for a bicycle and pedestrian pathway which already existed. Instead it encroached on the road constricting it to one lane. There is no justification for this as every person has to cross to the other side of the road to go home, which has a 1m wide pathway and serves its purpose. ‘FOR THE FUTURE’ … was mentioned often by the present Government. OPTION 1 IS FOR THE FUTURE OF MERRYLANDS! For too long the East side of Merrylands station, along Railway Terrace (a border land between Holroyd and Parramatta Council) has been neglected as it lay in ‘no-man’s land’ and had no community/commercial value. We must go forward and develop Merrylands to its full potential, into a better place to live in, for the benefit of ALL residents of Merrylands living on the Parramatta Council side. We all know about the saying: ‘Where there is a will, there is a way’. The problems concerning a development area: traffic, playgrounds, open spaces … all this will be resolved through the Parramatta LEP and DCP, and an enlightened 21st^T Century approach to urban and architectural design for the area. Now is the time to give Merrylands City Centre a chance and a choice with OPTION 1, to make ‘the east side’ of the railway station become alive, as the houses along Railway Terrace are single storey, many of them old and in poor condition, but all holding generous land ready to accommodate necessary housing for the deserving residents of Parramatta City Council. Both, the present Federal (Rudd Government) and State Government talk about affordable housing! Merrylands is a dormitory suburb which supplies labour and workers for Sydney and other fringe areas. Trains and buses run packed from 4.00 am. When people live close to the Station, they will utilise the buses and trains more efficiently and be less dependent on their cars; they will walk to the shops, etc … We urge Councillors who voted against the motion to visit the site and see the potential of the area, and to make a positive decision for its use to the maximum. This is not a time for petty Party politics and caucuses to take a vote willy-nilly. Councillors are elected by the ratepayers of Parramatta to make honest, intelligent and far-reaching decisions for the future of the Parramatta LGA, knowing fully well that this area is rapidly expanding and the pressure of affordable housing is imperative to its future.”

2

SUBJECT Development Application - 17 - 21 Woodville Road and 2 - 4 Milton Street, Granville REFERENCE DA/174/2007 FROM Ms Maria Sidiropoulos

10402

QUESTIONS “At Monday 8^th December 2008 Council Regulatory meeting, DA/174/2007 was reconsidered under Section 82A Review. After careful consideration by councillors, Council took a vote, all present elected members voted against the proposal except for one, acting Deputy Lord Mayor Paul Garrard who was for the proposal. The proposal was rejected for the same reasons as the first time council considered the DA, in addition further new issues for refusal were raised. On Thursday 11^th Dec 2008, councils Notice of Determination was executed and placed on council’s website. The letter signed and dated 11^th December 2008, by Councils senior Development Assessment Officer Jonathan Goodwill was notice from council to the developer that the Section 82A Review was considered by council on the 8^th December 2008 and refused. Further stating to the developer that the only course available was the option of taking the matter to the Land and Environment Court as a right of appeal within the 12 months after the Notice of Determination date. Clearly as executed by Councils Determination Notice, evidently the matter by council is respectfully and legally closed. It comes as an outrageous shock to receive on 11^th December 2008 a letter from councils Jonathan Goodwill dated 11^th December 2008, stating that the matter on the 8^th December 2008 Regulatory Council meeting was refused,however prior to the conclusion of the meeting a notice of rescission motion was submitted. This letter was not signed by Jonathan Goodwill but by Rebecca Wong (Development Support Officer) on Mr Goodwill’s behalf for Council. How could it be possible to have all council members present vote unanimously on the 8 December 2008, the DA be refused except for one vote, have a Notice of Determination executed by council confirming the proposal was refused and stating the reasons for the refusal and clearly stating the Land and Environment Court as a final option of appeal, then to receive a letter signed on behalf of Jonathan Goodwill stating the DA will be debated at the next 15 December 2008 Regulatory Council Meeting? This matter urgently demands serious attention of Councils most senior authority for investigation. In light of the evidence presented, and the short notice, it cannot be conceivable that the DA be admitted for debate on the 15th December 2008 Council Regulatory Meeting.” RESPONSE - By Louise Kerr - Manager Development Services:- “Council at the meeting of 8 December 2008 resolved to uphold the previous decision of Council in relation to DA/174/2007 and refused the section 82A application on a number of grounds. The Notice of Council’s Determination was issued to the applicant on 11 December 2008. In addition, letters were sent to all persons who made a submission on the application advising them of Council’s decision to uphold the refusal. A Notice of Intention to move a Rescission Motion dated 10 December 2008 was signed by the Lord Mayor (Councillor Issa), Deputy Lord Mayor (Councillor Garrard) and Councillor Lloyd. This rescission motion was received by Council’s Team Leader - Council Support on 11 December 2008. Section 372(1) of the Local Government Act says that: ‘A resolution passed by a Council may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with regulations made under section 360 and, if applicable, the Council’s code of meeting practice.’ Clause 18, subsection 13 of the Code of Meeting Practice says that: ‘If the notice of rescission is handed to the General Manager after the meeting has closed, then it will not stop the resolution from being carried into effect until such time that it is considered at a meeting of the Council.’ In summary, the Local Government Act allows a rescission motion to be submitted to Council either before or after the close of a Council meeting. In cases where a rescission motion is submitted after the close of the Council meeting (which is the case in this current situation) the decision of Council is required to be carried into effect. It was for this reason that the determination notice was issued to the applicant and residents were advised of the Council decision. However it does not stop the Council at a subsequent Council meeting considering the rescission motion. The rescission motion which has been submitted for the application will be considered by Council during tonight’s meeting.“

3

SUBJECT Local Environment Plan Changes - Smythe Street, Merrylands REFERENCE F2006/01198 FROM Mr Frank Skiller

10403

STATEMENT “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 remind the councillors of our concerns and commend those councillors who have voted on our behalf to oppose rezoning to high density development. 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 it 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. These concerns were raised at an earlier Council meeting and since that time, we understand that the actual and varying width of our street has been measured. However, we have not been informed of the outcomes or any proposals which would effect traffic flow or the streetscape of our street. Parking remains an issue as currently some existing residents are already parking 10 – 30 metres from their homes and we anticipate that parking availability would be further decreased if the council approves high density housing up to 6 storey unit blocks. Our driveway has been blocked by commuter parking on a number of occasions. We would like to remind Councillors that parking availability in our street has been considerably reduced following the removal of parking on the eastern side of Railway Terrace where there is no provision for cars to drop off passengers legally or safely. A resident of Railway Terrace placed a petition in the public forum on 14^th July 2008 regarding problems of this nature. The council officer informs us he can change the streetscape, change parking arrangements and even create one way streets, We have seen a good example of this planning in Wingello Street, Guildford where parking is only available on the southern side and when cars are parked, vehicles have to stop to allow oncoming traffic to pass before proceeding. If this type of change occurred in Smythe Street, the changes would compound present problems, and create an environment where cars exiting a driveway would have no vision of oncoming traffic – a potential accident waiting to happen and I am very concerned regarding my family’s personal safety in accessing our property. Another question raised in our previous statement which has not been sufficiently answered; The residents asked, “What percentage of land changed to heavier density in the previous LEP has been utilised in the new zoning for high density dwellings?” This question remains unanswered from Public Forum questions to council meeting in July/August. We know council has the power to change at will but a camel is not designed to go through the eye of a needle and one questions if Smythe Street is suitable for high density and still be functional for residents, commuters and the community? We, the residents of Smythe Street, are concerned that a balanced and considered view is taken with regards to the future of our neighbourhood and one which will not worsen the present living conditions and compound the present adverse effects from previous decisions as detailed.”

PETITIONS

1

SUBJECT Dellwood Street, Oakleigh Avenue and Pegler Avenue, South Granville - Traffic Issues REFERENCE F2004/06346 FROM Councillor G Elmore on behalf of J and L Ray and others.

10404

RESOLVED (Elmore/Esber) That the petition be received and referred to the appropriate council officer and the Parramatta Traffic Committee for a report addressing the matters raised in the petition together with the following issues for Dellwood Street, Oakleigh Avenue, Pegler Avenue and Gordon Avenue, South Granville:- 1 The cost of installation of speed humps; 2 The cost for installation of a pedestrian crossing.

Rescission Motions

7.1

SUBJECT Proposed Additional Dog Off-Leash Areas REFERENCE F2005/00856 - D01085626 REPORT OF Supervisor Open Space. Also Service Manager Open Space and Natural Resources Memorandum dated 9 December 2008.

10405 10406

RESOLVED (Wilson/Chedid) That the resolution of the Ordinary Council Meeting held on 24 November 2008, regarding Proposed Additional Dog Off-Leash Areas, namely:- “(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.” be and is hereby rescinded. MOTION (Wilson/Wearne) (a) That Council approve additional dog leash free areas at Barnett Park, Dan Mahoney Reserve and George Kendall Riverside Park (East of Spofforth Street), with the proposed dog leash free area in George Kendall Riverside Park being decreased in size to be the same size as the Darcy Road leash free area and to be suitably fenced. (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 Council write to the State Government requesting that rottweilers be recognised 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 Council write to the State Government requesting that rottweilers be recognized as a dangerous breed. The amendment was put and lost. The motion was put and carried.

7.2

SUBJECT Demolition of Graffiti Wall and Amphitheatre in Sturt Park, Telopea REFERENCE F2005/01893 - D01085675 REPORT OF Councillor M D McDermott

10407 10408

RESOLVED (Barber/Chedid) That the resolution of the Regulatory Council Meeting held on 24 November 2008 regarding the Demolition of Graffiti Wall and Amphitheatre in Sturt Park, Telopea, namely:- “(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. (c) That any earlier motions allowing any part of Sturt Park to be used as a legal Graffiti area be rescinded. (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.” be and is hereby rescinded. RESOLVED (McDermott/Chedid) (a) That immediately the graffiti wall in Sturt Park is to no longer be a legal graffiti wall and all graffiti will be treated as an illegal activity in this park and its surrounds. (b) That Parramatta City Council will commit to making Sturt Park a model park that will illustrate to the people of Parramatta our commitment to providing ongoing & quality recreational facilities to all peoples within our community. (c) Further, that as of March 31 2009 the following items of work are to be carried out:- 1 Sturt Park Graffiti wall in Telopea is to be demolished and replaced with a mesh fence to complete the tennis court and provide the transparent barrier between the basketball court and the tennis court. All necessary remediation work is to be carried out on both the tennis court and the basketball court. 2 The walls of the amphitheatre are to be demolished to provide clear visibility of all activities happening in and around the amphitheatre. This demolition and remediation work is to start immediately after 31 March 2009. If necessary and to ensure an immediate start after 31 March 2009, the initial demolition work is authorised to be funded from the Elizabeth Macarthur Ward urgent works funds. 3 There is concern that the amphitheatre facility may continue to be a trouble hot spot by attracting alcohol, drug abuse and antisocial behaviour. Should this be deemed to be a continuing problem the base of the amphitheatre is authorised to be demolished and replaced with turf. This determination will be made in writing by the three Elizabeth Macarthur Ward councillors and should be executed immediately based on that authorisation. 4 Following community consultation commencing immediately it will be determined whether the remaining amphitheatre base structure should remain. Should community consultation determine that the amphitheatre base is to remain, a facility is to be provided whereby temporary backdrops can be provided to the amphitheatre should it be required for use as a facility in the future. It is suggested that this facility enable the temporary erection of metal poles at spaced intervals to allow for the support of backdrops should the amphitheatre be used in the future. 5 The redesigned park is to adhere to council’s safer by design principals. 6 It is envisaged that the park could include such facilities as: 6.1 A dual walking and cycling asphalt footpath that will encircle the top field of the track. This will link up to the existing path that partially encircles the park. It is envisaged that upwards of 300 metres of asphalt footpath may be required. 6.2 New adult oriented exercise equipment is to be installed and located in a safe and visible position. 6.3 The children’s play park to be renovated. It is of particular importance that all bark soft-fall is to be removed. This is to be replaced with Industry standard rubber matting. 6.4 Such other facilities as would be appropriate following community consultation. 7 It is noted that council needs to be aware that there may be a need for additional resources to cleanup the park after the wall and amphitheatre structure have been demolished. 8 Funding for the major capital items such as Pathways and the exercise equipment to be installed in the park to an estimated value of $80,000 will be applied for under the Federal Governments Infrastructure funding of approximately $893,000 to be given to Council 9 The final design of the park must be agreed to and signed off on by all 3 ward councillors. 10 The community consultation process to look at the redesign of the park is to commence as of 1 February 2009, and be completed by 31 March 2009 and this will be open to all community stakeholders. Some suggested groups are listed below however all community groups and members of the community are encouraged to participate. 10.1 Telopea Public School 10.2 Dundas/Telopea Neighbourhood Youth Centre 10.3 Dundas / Telopea Neighbourhood Centre 10.4 Dept of housing , 10.5 TRED (Telopea, Rydalmere, Ermington & Dundas) community leaders 10.6 Local Youth representative 10.7 Telopea Christian 10.8 Carlingford Dundas Lions Club 10.9 Ermington Uniting Church. 10.10 Parramatta Council Community Capacity Building officer ( Chris McAlpine ) 10.11 Ward Councillors along with any other interested Councillors 10.12 The Manning Foundation 10.13 St Bernadettes Church & School Community 10.14 Dundas United Sports & recreation Club 10.15 Vikings Rugby Club 10.16 Shamrocks Rugby League club 10.17 Dundas Rugby Club 10.18 St Patricks College Dundas

7.3

SUBJECT Status Report of Implementation of ICAC Recommendations REFERENCE F2007/01985 - D01085748 REPORT OF Manager Service Audit and Review

10409 10410

RESOLVED (Wilson/Chedid) That the resolution of the Regulatory Council Meeting held on 24 November 2008 regarding the Status of the ICAC Recommendations, namely – “(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.” be and is hereby rescinded. RESOLVED (Wilson/Chedid) (a) That a workshop of all Councillors be held in the new year where appropriate staff present reports indicating works undertaken to implement the ICAC’s recommendations. (b) Further, that Council refer Manager Service Audit and Review Report to ICAC for its information.

7.4

SUBJECT Merrylands RDS Area (Further Report) REFERENCE F2006/01198 - D01089519 REPORT OF Acting Manager Land Use and Transport Planning

10411 10412

RESOLVED (Wearne/Bide) That the resolution of the Regulatory Council Meeting held on 24 November 2008 regarding the Merrylands RDS Area (Further Report), namely:- “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.” be and is hereby rescinded. DIVISION The result being:- AYES Councillors Barber, Bide, Chedid, Issa OAM, Lim, Lloyd, McDermott, Maitra and Wearne. NOES Councillors Elmore, Esber, Finn, Garrard, Lack & Wilson. NOTE: During debate on this matter (but prior to voting), the Deputy Lord Mayor, Councillor P J Garrard assumed the Chair to enable the Lord Mayor, Councillor A Issa OAM to participate in debate on this issue. RESOLVED (Wearne/Bide) 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. DIVISION The result being:- AYES Councillors Barber, Bide, Chedid, Issa OAM, Lim, Lloyd, McDermott, Maitra and Wearne. NOES Councillors Elmore, Esber, Finn, Garrard, Lack & Wilson.

7.5

SUBJECT Section 82A Review DA 174/2007 17 - 21 Woodville Road and 2 - Milton Street, Granville (Lot 100 DP 1013005) (Elizabeth Macarthur Ward) REFERENCE DA/174/2007 FROM Manager Development Services

10413

MOTION (Garrard/Bide) That the resolution of the Ordinary Council Meeting held on 8 December 2008 in relation to Item 12.5 of Development Applications regarding 17 - 21 Woodville Road and 2 – 4 Milton Street, Granville, namely:- “That Council uphold its previous refusal of this matter for the following reasons:- 1. Unacceptable noise impacts of having a motor vehicle repair shop in close proximity to residential properties. 2. Unacceptable impact on heritage items in the vicinity. 3. Unacceptable impact of vehicle movements into the street and that no adequate assessment has been made of existing businesses such as Premier Cabs. 4. Visual impact on rear of adjacent property. 5. Unacceptable height of the proposal in the neighbourhood. 6. That the garbage bay is unacceptably located beside the adjacent residence. 7. Generation of noise to 92dBA level is unacceptable.” be and is hereby rescinded. The motion was put and lost. DIVISION The result being:- AYES: Councillors Bide, Chedid, Garrard, Issa, Lloyd & Wilson. NOES Councillors Barber, Elmore, Esber, Finn, Lack, Lim, McDermott, Maitra & Wearne. The motion was again declared lost.

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 16 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.00pm, 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, M McDermott, P Maitra, L E Wearne and A A Wilson.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10414 RESOLVED (Esber/Barber)

That Items 11.1, 11.2, 11.3, 11,4 and 11.5 of Roads, Paths & Flood Mitigation, Item 12.1 of Culture & Leisure, Items 13.2 and 13.3 of City Leadership & Management and Item 14.1 of Notices of Motion be adopted without discussion in accordance with the staff recommendations.

Regulatory Reports

9.1

SUBJECT Prince Alfred Park (Pk 15) 353D Church Street, Parramatta. (Lot 1 DP 724837) (Arthur Phillip Ward)(Location Map - Attachment 2) DESCRIPTION Lunar New Year celebration and Twilight Noodle Market. REFERENCE DA/833/2008 - Submitted 4 November 2008 APPLICANT/S Parramatta City Council Events Unit OWNERS Parramatta City Council REPORT OF Manager Development Services

10415

RESOLVED (Lim/Barber) That Development Application No. 833/2008 be approved subject to standard conditions and the following extraordinary condition: Restoration of Damage 1. The applicant shall bear the cost of all necessary restoration works to Prince Alfred Park due to any damage caused during the event, its setup or dismantling, including revegetation of any damaged areas of landscaping. The applicant shall advise Council’s Park Section in writing, of any existing damage to Prince Alfred Park before commencement of the event. Any damage to Council assests that impact on public safety, that occurs during the erection/dismantling of the temporary structures, is to be rectified immediately by the applicant. Care is to be taken in the location of structures to ensure no damage occurs to infrastructure, landscaping or structures within the park. All costs are to be borne by the applicant. Reason: To ensure that any damage to the park is restored and To protect public safety. Cigarette Butt Receptacles 2. Provision is to be made for cigarette butt receptacles on site to minimise littering during the event. Cigarette butt receptacles must be removed at the end of the event. Reason: To ensure that adequate provision is made for the disposal of cigarette buts and prevent littering of the public domain. Disabled Access 3. Access for people with disabilities within Prince Alfred Park is to be maintained throughout the event and care is to be taken in the location and erection of the temporary structures and barricades to ensure current accessible paths are not blocked. Reason: To ensure the provision of equitable and dignified access for all people in accordance with disability discrimination legislation and relevant Australian Standards. Amusement Rides 4. Amusement rides for the event are to be limited to those targeted at small children (such as jumping castles and small children’s rides) and no rides targeted at teenagers or adults are to be provided. Reason: To ensure an appropriate level of amenity to surrounding properties. Prior to the Event Occurring Public Liability Insurance 5. The event organiser submitting to Council a copy of its Public Liability Policy in an amount not less than $10,000,000 noting Council and the Roads and Traffic Authority as an interested parties on the Policy and that Policy to cover both on-road and off-road activity. Reason: To ensure an appropriate level of insurance for the event. Approval for Road Closures 6. The Lunar New Year Celebrations and Twilight Noodle Markets are to be held within the grounds of Prince Alfred Park and no road closures are to be implemented without prior approval of Council through Council’s Traffic Committee. Reason: To ensure no disruption to the traffic flow in the area. Waste Management 7. Prior to the event occurring the event organisers are to liaise with Council’s Public Health Protection Unit to ensure appropriate measures are provided and procedures followed in relation to waste/recyclable material removal from the site Reason: To ensure appropriate waste management facilities for the event. During Construction or Works: Vehicular Access 8. Vehicular access for stall holders to be carried out at designated entry/exit access points at the corner of Marist Place and Marsden Street and in the loop section along Marsden Street within the park before and after the event at the approved times. All access points are to be supervised and manned by Council Staff and/or security officers. Reason: To ensure no disruption to the traffic flow in the area. Hours of Erection/Dismantling Structures 9. All works for the erection, dismantling and removal of temporary structures may only be carried out between the hours of 6.00 am to 5.00 pm on the Friday of the event, between 6.00am and 10.00am and between 4.00pm and 8.00pm on the Saturday of the event and between 8.00am and 6.00pm on the Sunday immediately after the event. No trucks are to access the site or deliver/collect from the site prior to 7.00am on the Friday or the Saturday of the event. All temporary structures and equipment must be removed from the park by 6.00pm on the Sunday immediately after the event. Reason: To protect the amenity of the area. Use of the Site: Waste Removal 10. The waste storage area shall be capable of accommodating all waste arising from the use of the park. All waste is to be removed from the site by 6.00pm on the Sunday immediately after the event. Reason: To ensure a suitable waste storage facility. Hours of Event 11. The event is to occur only on Friday 6 February 2009 between the hours of 5.00pm and 10.00pm and on Saturday 7 February 2009 between 10.00am and 4.00pm and for the same hours on one consecutive Friday and Saturday in February of 2010 and 2011. Reason: To minimise the impact on the amenity of the area. Duration of Consent 12. This consent applies to Lunar New Years celebrations in the years 2009 to 2011, inclusive, only. Reason: To minimise the impact on the amenity of the area. Security 13. A minimum of three (3) security staff are to be on the site at all times between the hours of 5.00pm and 10.30pm on the Friday night and between 10am and 4.30pm on the Saturday. The security staff are to ensure that patrons displaying inappropriate behaviour are required to leave the site to ensure the safety and enjoyment of other patrons. At the end of the event, security staff are to ensure patrons leave the site in an orderly manner and in a timely fashion. Reason: To minimise the impact on the amenity of the area and ensure the safety of the event. Food Premises 14. The operation of any food business activity in association with the event is to be in accordance with the food safety standards adopted under the NSW Food Act. In complying with the above, the event organiser and all food businesses intending to operate as part of this event shall refer to the NSW Food Authority’s publication “Food handling guidelines for temporary events” (Version 1/06) prior to the setting up of any food stall or placement of any vehicle used to prepare or display food for sale. Any departures from this guide are to be directly negotiated with Council’s nominated Environmental Health Officer and a statement of clearance issued by Council prior to the commencement of the event. All food businesses and the event organiser shall undertake prior notification of the event and their business activity to the NSW Food Authority. Reason: To ensure a supply of safe and suitable food for the event. Protection of the Environment 15. The operation of the event not giving rise to environmental emissions of air impurities, liquids or solid matter in contravention of the Protection of the Environment Operations Act 1997. Any emissions from the event must not cause a nuisance from odours, nor be hazardous to human health or the environment. Reason: To prevent loss of amenity to the community. Alcohol 16. The sale of alcohol is prohibited for this event. Reason: To comply with this consent. DIVISION: The result being: AYES: Councillors Barber, Bide, Elmore, Esber, Finn, Garrard, Issa, Lack, Lim, McDermott, Maitra, Wearne & Wilson. NOES: Nil.

9.2

SUBJECT Processing and Administration of Development Applications REFERENCE F2004/06472 - D01092191 REPORT OF Manager Land Use and Transport Planning

10416

MOTION (Esber/Maitra) 1. That Council note the following improvements to processes proposed within the Development Services Unit: a) Fast tracking of minor DAs b) Expediting internal referrals c) Improving the “clearing house” process d) Performing a “blitz” on determining DAs that have been in the system for over 80 days e) Improving responsiveness associated with pre lodgement meetings f) Commencing a process of defining a policy position on how to proceed with incomplete or deficient DAs. 2. That the Chief Executive Officer be delegated the functions of Council to: a) Approve development applications (including section 96 applications) provided: (i) There are not more than 7 objections to the development; or (ii) The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or (iii) The development application does not fall within the terms of reference of the Central Parramatta Planning Committee; or (iv) The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or (v) The development application does not seek a variation of more than 10% to a standard under the Parramatta City Centre LEP 2007; or (vi) The development application does not relate to a heritage item; or (vii) The development application does not relate to waterways or environmentally sensitive land; or (viii) The development application does not relate to a brothel, massage parlour, sex services premises, restricted premises or tattoo parlour; or (ix) The application does not seek a review of determination under section 82A. 3. That Council reaffirm the following delegations to the Chief Executive Officer to: i) Approve complying development certificates. ii) Exercise the assumed concurrence of the Director-General in relation to objections made pursuant to State Environmental Planning Policy No.1 – Development Standards. iii) Refuse development applications and complying development certificates. Note - Individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household for the purpose of determining 1(a)(i) above. 4. That site meetings be held for the following Development Applications prior to a determination being made: i) Where 5 or more objections have been made. ii) For all other DAs where 2 Councillors request that a site meeting be held. 5. That the current practice of referring proposed meeting dates and times for site meetings to Council for endorsement be replaced by such meetings being organised by staff in the Development Services Unit and notified to Councillors on a monthly basis. 6. Council commence 6 monthly ‘Industry Forums’ commencing in early 2009. The purpose of the ‘Industry Forums’ is to receive feedback from regular customers on the Development Assessment Service and local planning issues including architects, designers and developers. 7. Council suspend the current practice of referring Development Applications for child care centres to the Local Engineering Advisory Committee and Traffic Committee for comment in cases where on-street car parking is not being relied upon to comply with the car parking controls. 8. Amendments being made to the standard notification letter advising stakeholders that individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household. In addition, advice being included indicating that if objections are received from a significant distance to the proposal, the objector should state their interest in objecting. 9. That Council staff prepare a policy on how incomplete and deficient DAs should be dealt with by Development Assessment staff as a matter of policy having regard to balancing customer service and efficiency and timeliness of the of the process. 10. That a report be presented to Council in 6 months which outlines the progress of the changes proposed in this report and improvements to processing times and identification of any further changes required. 11. That monthly reports be prepared for Council identifying number of DAs in the system, median processing times, trends over time and other statistics that will keep Council informed of key statistics in DA processing and administration. AMENDMENT (Finn/Barber) That Council note the following improvements to processes proposed within the Development Services Unit: a) Fast tracking of minor DAs b) Expediting internal referrals c) Improving the “clearing house” process d) Performing a “blitz” on determining DAs that have been in the system for over 80 days e) Improving responsiveness associated with pre lodgement meetings f) Commencing a process of defining a policy position on how to proceed with incomplete or deficient DAs. That the Chief Executive Officer be delegated the functions of Council to: a) Approve development applications (including section 96 applications) provided: (i) There are not more than 3 objections to the development; or (ii) The development application does not relate to land in which Council holds, or has recently held, a direct pecuniary interest; or (iii) The development application does not fall within the terms of reference of the Central Parramatta Planning Committee; or (iv) The development application is not known to have been made, or relate to a property owned by a member of staff or Councillor; or (v) The development application does not seek a variation of more than 10% to a standard under the Parramatta City Centre LEP 2007; or (vi) The development application does not relate to a heritage item; or (vii) The development application does not relate to waterways or environmentally sensitive land; or (viii) The development application does not relate to a brothel, massage parlour, sex services premises, restricted premises or tattoo parlour; or (ix) The application does not seek a review of determination under section 82A. 3. That Council reaffirm the following delegations to the Chief Executive Officer to: iv) Approve complying development certificates. v) Exercise the assumed concurrence of the Director-General in relation to objections made pursuant to State Environmental Planning Policy No.1 – Development Standards. vi) Refuse development applications and complying development certificates. Note - Individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household for the purpose of determining 1(a)(i) above. That site meetings be held for the following Development Applications prior to a determination being made: iii) Where 10 or more objections have been made. iv) For all other DAs where 2 Councillors request that a site meeting be held. That the current practice of referring proposed meeting dates and times for site meetings to Council for endorsement be replaced by such meetings being organised by staff in the Development Services Unit and notified to Councillors on a monthly basis. Council commence 6 monthly ‘Industry Forums’ commencing in early 2009. The purpose of the ‘Industry Forums’ is to receive feedback from regular customers on the Development Assessment Service and local planning issues including architects, designers and developers. Council suspend the current practice of referring Development Applications for child care centres to the Local Engineering Advisory Committee and Traffic Committee for comment in cases where on-street car parking is not being relied upon to comply with the car parking controls. Amendments being made to the standard notification letter advising stakeholders that individual households are to represent only one objection to a development application irrespective of the number of individual objections received or signatures provided on behalf of that household. In addition, advice being included indicating that if objections are received from a significant distance to the proposal, the objector should state their interest in objecting. That Council staff prepare a policy on how incomplete and deficient DAs should be dealt with by Development Assessment staff as a matter of policy having regard to balancing customer service and efficiency and timeliness of the of the process. That a report be presented to Council in 6 months which outlines the progress of the changes proposed in this report and improvements to processing times and identification of any further changes required. That monthly reports be prepared for Council identifying number of DAs in the system, median processing times, trends over time and other statistics that will keep Council informed of key statistics in DA processing and administration. The amendment was put and lost. FURTHER AMENDMENT (Wearne/Bide) That consideration of this matter be deferred to the next Council Meeting Regulatory. The further amendment was put and carried and on being put as the motion was again carried. NOTE: Councillors J Chedid and S Lloyd returned to the meeting at 9.03 pm during consideration of this matter.

3

SUBJECT Section 96(2) Modification to an approved Multi Unit development containing 3 Townhouses at 25 Carson Street, Epping (Lot 11 DP 31179).

REFERENCE DA/994/2003/B

FROM Manager Development Services. Also Development Assessment Officer Memorandum dated 11 December 2008.

10417

RESOLVED (Wearne/Esber)

(a) That Council modify Development Consent No. 994/2003 dated 9 December 2004 in the following manner:

Condition No. 1 is to be modified to read as follows;

The development is to be carried out in compliance with the following plans as amended in red and documentation listed below and endorsed with Council’s stamp.

Drawing N^o	Dated
Concept Stormwater Plan for 25 Carson Street, Epping. As Amended	March 2008
Site and Ground Floor Plan for 25 Carson Street, Epping.. As Amended	November 2007
Elevations for 25 Carson Street, Epping. As Amended	November 2007
Interlot Drainage Longitudinal Section for 25 Carson Street, Epping.	23 June 2008
Interlot Drainage Plan for 25 Carson Street, Epping.	23 June 2008

Note: In the event of any inconsistency between the architectural plan(s), the subdivision plan and the site management plan shall prevail to the extent of the inconsistency.

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

And that the following conditions be added:

1 (a). The three gates which open to the property to the south marked in red on the approved plans are not to be installed. Amended plans submitted with the Construction Certificate shall include that a boundary fence with no openings will be installed.

Reason: To maintain privacy and to ensure the work is carried out in accordance with the approved plans.

1 (b). The court yard surfaces for each of the units are to remain porous.

Reason: To reduce surface water run-off.

1 (c). The street front kerb shall be maintained at ground levels at all times.

Reason: To maintain appropriate street presentation.

1 (d). The drainage pipe and associate work for its construction shall be carried out to the satisfaction of and at no costs to the Council.

1 (e). A work-as-executed drawing shall be provided to Council prior to the Council accepting transfer of ownership.

1 (f). A deed of agreement shall be entered into to formalize the dedication of the drainage pipe and associated work.

1 (g). All the Council’s costs including but not limited to legal costs shall be borne by Winter and Sutton Investments Pty Ltd.

2 That all external and internal fences in the courtyard be of timber construction.

DIVISION The result being:-

AYES: Councillors Barber, Bide, Chedid, Esber, Finn, Garrard, Issa, Lack, Lim, Lloyd, McDermott, Maitra, Wearne & Wilson.

NOES: Nil.

NOTE: Councillor G Elmore had previously declared a non pecuniary interest in relation to this matter as his assistant at Energy Australia had made a submission and temporarily retired from the Chamber during consideration and voting on this matter.

City Development

10.1

SUBJECT Draft Parramatta Local Environmental Plan 2008 REFERENCE F2006/01198 - D01092144 REPORT OF Acting Manager Land Use and Transport Planning

10418

RESOLVED (Esber/Chedid) (a) That consideration of this matter be deferred to the Council Meeting to be held on 23 February 2009 and the application for rezoning submitted by Granville RSL be considered in the meantime. (b) That a further workshop be held on this issue as early as possible in February so that Councillors who wish to raise matters have the opportunity to do so. (c) That Councillors raise any concerns/issues prior to the workshop being held. (c) Further, that in relation to the land on the eastern side of James Ruse Drive presently shown as B5, that a report be brought forward commenting on the submission which has been received by Council resulting out of the internal discussions which have been held between council staff, the Department of Planning and the applicant. DIVISION The result being: AYES: Councillors Barber, Bide, Chedid, Elsmore, Esber, Finn, Garrard, Issa, Lack, Lim, Lloyd, McDermott, Maitra, Wearne & Wilson. NOES: Nil. Note Councillor Finn requested that her objections to Recommendation A 5 of Acting Manager Land Use and Transport Planning Report in relation to staff continuing the process to further develop a voluntary planning agreement for 2 Morton Street site be noted.

Roads Paths Access and Flood Mitigation

11.1	SUBJECT State Floodplain Management Program - Acceptance of Minister's Grant Offer REFERENCE F2005/01036 - D01085119 REPORT OF Acting Waterways Systems Manager
	RECOMMENDATION (a) That Council accept the Minister’s grant offer and conditions under the 2008/09 State Floodplain Management Program. (b) Further, that the Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

11.2

SUBJECT Eastwood and Terrys Creek Floodplain Risk Study & Management Plan - Public Exhibition REFERENCE F2004/06096 - D01085120 REPORT OF Acting Waterways Systems Manager

RECOMMENDATION (a) That Council endorses the public exhibition of the draft Eastwood & Terry’s Creek Flood Study, and the draft Eastwood & Terry’s Creek Floodplain Risk Management Study and Plan for a period of 28 days, commencing on 1 February 2009 until 1 March 2009. (b) Further, that a report be brought back to Council with consideration of public submissions prior to adoption. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

11.3

SUBJECT 9C Dobson Crescent Dundas Valley REFERENCE F2008/01296 - D01087648 REPORT OF Property Program Manager

RECOMMENDATION (a) That Council accept dedication of the drainage structure at 9C Dobson Crescent Dundas Valley (Lot 35 DP 233076), as shown on the drawing at Attachment 3 on terms as stated in the report. (b) Further, that the Lord Mayor and General Manager be authorised to execute under seal the deed of agreement for dedication of the drainage structure NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

11.4	SUBJECT Proposal for Renaming of Cooinda Place, Winston Hills to Coolaroo Place REFERENCE F2006/00231 - D01087992 REPORT OF Property Officer
	RECOMMENDATION (Esber/Barber) (a) That Council undertake the formal exhibition and submission process for street re-naming, with the proposal that Cooinda Place be re-named to Coolaroo Place. (b) Further, that the affected residents be notified of Councils decision. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

11.5

SUBJECT Proposed Guidelines for the provision of Car Sharing in the Parramatta Local Government Area REFERENCE F2006/01242 - D01092169 REPORT OF Project Officer

RECOMMENDATION (a) That Council adopt the proposed Guidelines for the Provision of Car Sharing. (b) That Council commence a process of inviting and assessing applications for carshare in Parramatta LGA using the guidelines in Attachment 2. (c) That the existing carshare arrangements with Go Get continue until the Car Sharing Guidelines are implemented. (d) That Council review the fee of $100 for car share parking authorizations in the next 12 months. (e) Further, that Council investigates the provision of car sharing in the DCP to include a requirement for all new medium to high developments to provide carshare parking privately. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

11.6

SUBJECT Parramatta Traffic Committee meeting minutes held on 27 November 2008 REFERENCE F2008/02659 - D01092323 REPORT OF Manager Traffic and Transport

10419

RESOLVED (Wearne/Chedid) (a) That the report of the Parramatta Traffic Committee meeting held on 27 November 2008 be adopted with the exception of Items 1, 2 and Item 6. (b) That in relation to Item 1 and Item 6 that the recommendations of Council’s representative on the Parramatta Traffic Committee be adopted. (b) Further, that in relation to Item 2, the 3 tonne load limit restrictions be installed in Chesterfield Road, between Midson Road and Rawson Street, Epping. NOTE: Councillor C X Lim left the meeting at 9.25 pm during consideration of this matter.

11.7

SUBJECT Traffic Engineering Advisory Group meeting minutes held on 27 November 2008 REFERENCE F2008/02664 - D01092346 REPORT OF Manager Traffic and Transport

10420

RESOLVED (Wearne/Finn) (a) That the report of the Traffic Engineering Advisory Group (TEAG) Meeting Minutes held on 27 November 2008 be adopted with the exception of Item 5 and Item 7. (b) That Item 5 of the TEAG be considered in conjunction with Minute No.10442 as raised as a Suspension of Standing Orders. (c) Further, that in relation to Item 7 that the recommendation of Council’s representative on the Traffic Engineering Advisory Group be adopted. NOTE: 1 Councillor P Esber declared an interest in relation to Item 11 of the TEAG regarding the proposed Aldi Store in Kleins Road, Northmead as he is an owner of the subject property and temporarily left the Chamber during consideration of this matter. 2 Councillor C X Lim returned to the meeting at 9.27 pm during consideration of this matter.

SUSPENSION OF STANDING ORDERS

10421 RESOLVED (Wearne/Chedid)

That Standing Orders be suspended to enable consideration to be given to an urgent motion regarding a submission to be made to the Department of Transport, Sydney Buses and other relevant bodies in relation to the bus transitway at Beecroft Road, Epping, submissions for which are due by 30 January 2008.

The Chairperson ruled that the matter was one of urgency.

1

SUBJECT Bridge Street at Beecroft Road, Epping - Proposed Bus Priority Measures REFERENCE F2008/02664 FROM Councillor L E Wearne

10422

RESOLVED (Wearne/Wilson) (a) That Council prepare a submission regarding the proposed changes to bus routes that effect the Epping CBD on the Parramatta side up to Bridge Road, Epping (b) Further, that Council make a submission opposing the Bus Only Transitway out of Bridge Road across the bridge at Epping Station such submission to refer to the proposal’s destructive impact on Council’s infrastructure and to include advice on the monies that Council has spent on these works and also address the issue of traffic chaos that exists at this location and will be exacerbated by an additional set of lights.

FURTHER SUSPENSION OF STANDING ORDERS

10423 RESOLVED (Wearne/Chedid)

That Standing Orders continue to be suspended to enable questions to be asked in relation to Item 11.6 – Parramatta Traffic Committee regarding the Taxi Zone in Church Street, Parramatta.

The Chairperson ruled the matter was one of urgency.

Note

Councillor J Chedid then sought advice from the Traffic and Transport Services Manager relating to the above issue.

RESUMPTION OF STANDING ORDERS

10424 RESOLVED (Wearne/Esber)

That Standing Orders be resumed.

Culture and Leisure

12.1

SUBJECT Naming of an Unnamed Public Reserve in Parramatta as Baludarri Wetland - Additional Historical Information REFERENCE F2008/01223 - D01088854 REPORT OF Recreation Planner

RECOMMENDATION (a) That the unnamed public reserve at the end of Broughton and Pemberton Streets in Parramatta be endorsed in principle as Baludarri Wetland, and it 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 Parks Improvement Project number 13535. (c) Further, that any persons who lodged a submission in relation to the proposed name be advised of Council’s decision. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

City Leadership and Management

13.1

SUBJECT Floodplain Management Authorities (FMA) Joint Floodplain Management Conference, Albury-Wodonga, 17 - 20 February 2009 REFERENCE F2004/06958 - D01077786 REPORT OF Service Manager - Council Support

10425

MOTION (Esber/Elmore) (a) That Councillor P B Barber attend the Floodplain Management Authorities (FMA) Joint Floodplain Management Conference to be held in Albury-Wodonga from 17 – 20 February 2009. (b) Further, that Councillor M Lack attend the Conference in the event that Councillor Barber is unable to attend. AMENDMENT (Wilson/Bide) That The Lord Mayor, Councillor A Issa, OAM and Councillor A Bide attend the Floodplain Management Authorities (FMA) Joint Floodplain Management Conference to be held in Albury-Wodonga from 17 – 20 February 2009. The amendment was put and lost. The motion was put and carried.

13.2	SUBJECT Legal Advice on Awnings REFERENCE F2008/00309 - D01077140 REPORT OF Service Manager Commercial and Risk
	RECOMMENDATION (a) That the report be noted. (b) Further, that the legal advice obtained be provided on request as it contains advice on a range of issues in addition to that requested by Council. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

13.3	SUBJECT Investments Report for October 2008 REFERENCE F2008/01474 - D01088712 REPORT OF Manager - Finance
	RECOMMENDATION That Council receive and note the investments report for October 2008. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

13.4	SUBJECT Report of the Audit Committee Meeting held on 6 November 2008 REFERENCE F2008/02951 - D01092189 REPORT OF Manager Service Audit and Review
10426	RESOLVED (Finn/Barber) (a) That the Minutes of the Audit Committee Meeting held on 6 November 2008 (Attachment 1) be received and noted. (b) Further, that in the future, the agenda and all papers for this Committee be provided to committee members 7 days in advance of the meeting date. NOTE: Councillor L E Wearne left the meeting at 9.43 pm during consideration of this matter.

Notices of Motion

14.1

SUBJECT Full Construction and Maintenance of Footpaths for Residences Program across the Parramatta LGA REFERENCE F2004/06838 - D01092409 REPORT OF Councillor C X Lim

RECOMMENDATION (a) That Council prepare a report outlining a new annual program and budget proposal for the 2009/2010 year and then annually such that the Council will: 1 Ensure that a footpath is constructed on every street/road for residences across the Parramatta LGA to be completed by 2019/2020 (eg a 10 year program); 2 Maintain all footpaths for residences during 2009/2010 to 2019/2020 (assuming a 10 year program); 3 Provide different yet appropriate options for footpath constructions and maintenance to suit each prevailing conditions and also budget; 4 Prioritise and show the projected list in order of when these footpaths will be constructed; and 5 Update a public list at least every quarter on the Council's website, via Council's Customer Call Centre as well as over the front counter advising residents this projected list of when their footpath will be constructed. (b) That Council outlines in this report how much it will cost Council to fund this new program out of ordinary recurrent revenue, and give alternate options by way of extensions beyond the proposed 10 year program so that the funding is manageable for Council. (c) That Council recommends in this report other potential sources of revenue and policy reforms, for example Section 94 contributions. (d) Further, that Council prepares this report as a separate program from the existing footpath construction and maintenance programs for the Parramatta City Centre. NOTE: This matter was adopted under Minute No 10414 - Development Applications Adopted Without Discussion.

14.2	SUBJECT Reprioritise Works Proposed under the 2008/09 Pedestrian Access Management Program (PAMP) REFERENCE F2004/07402 FROM Councillor J Chedid
10427	RESOLVED (Chedid/Lloyd) That the construction of new footpaths along one side of Alice Street, Harris Park (between Harris Street and Alfred Street) and Arthur Street, Rosehill (between Watson Street and 90 Arthur Street) take place and be funded from Urgent Works Funds – Elizabeth Macarthur Ward. NOTE: Councillor L E Wearne returned to the meeting at 9.49 pm during consideration of this matter.

CLOSED SESSION 15 December 2008 The Lord Mayor sought advice from the gallery as to whether any members of the public wished to make representations in relation to any items to be considered in Closed Session. No representations were made by any member of the gallery.
10428	RESOLVED (Esber/Lim) 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 Tender No. 21/2008 Parramatta River Foreshores - Southside - Stage 3A - Construction of Concrete Footpath and Associated Civil and Landscape Works. (D01077546) - 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 No. 17/2008A Ground Improvements at Old Saleyards Reserve (Amended Design Proposal).. (D01085263) - 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. 22/2008 - Construction of New Amenities Building at F.S. Garside Park, Alfred Street, Granville. (D01087531) - 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 WSROC - Tender for Asphalt Supply and Associated Services Tender No: 05/2008. (D01090823) - 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 Civic Place - December Update. (D01092190) - 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.

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

16.1

SUBJECT Tender No. 21/2008 Parramatta River Foreshores - Southside - Stage 3A - Construction of Concrete Footpath and Associated Civil and Landscape Works. REFERENCE F2008/04134 - D01077546 REPORT OF Supervisor - Project Management

10429

RESOLVED (Esber/Lim) (a) That the tender submitted by Statewide Civil Pty Ltd for the construction of a concrete cycleway and associated civil and landscape works at Parramatta River Foreshore, Southside, between Charles Street (Ferry Terminal) to Macarthur Street (Gasworks Bridge), Parramatta for the sum of $379,754.80 (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

16.2

SUBJECT Tender No. 17/2008A Ground Improvements at Old Saleyards Reserve (Amended Design Proposal). REFERENCE F2008/04312 - D01085263 REPORT OF Supervisor - Project Management

10430

RESOLVED (Esber/Wearne) (a) That tender No. 17/2008A submitted by Statewide Civil Pty Ltd for ground improvements at Old Saleyards Reserve at the corner of Macarthur and Gladstone Streets, North Parramatta for the sum of $224,979.50 (excluding GST) be accepted. (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. (c) Further, that all unsuccessful tenderers be advised of Council’s decision in this matter.

16.3

SUBJECT Tender No. 22/2008 - Construction of New Amenities Building at F.S. Garside Park, Alfred Street, Granville REFERENCE F2008/04135 - D01087531 REPORT OF Supervisor - Project Management

10431

RESOLVED (Esber/Finn) (a) That the tender submitted by Oakworth Developments Pty Ltd for the construction of a new amenities building at F.S. Garside Park, Alfred Street Granville for the sum of $462,325.55 (excluding GST) be accepted with the exception of the players’ race component. (b) That $100,000 be allocated from the Section 94 Open Space Reserve fund to increase the budget for the Pavilion Improvement Project No.13520 from $450,000 to $550,000. (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 all unsuccessful tenderers be advised of Council’s decision in this matter.

16.4

SUBJECT WSROC - Tender for Asphalt Supply and Associated Services Tender No: 05/2008 REFERENCE F2006/00635 - D01090823 REPORT OF Manager City Operations

10432

RESOLVED (Finn/Esber) (a) That the tenders submitted by 1 Stabilised Pavements of Australia (for Stabilisation Cementation) 2 Stabilised Pavements of Australia (for Stabilisation Bituminous) 3 Downer EDI Works (for ex-bin supply of asphalt) 4 State Asphalt Services (for Asphalt works) 5 Downer EDI Works (for profiling) for the provision of Asphalt Supply and Associated Services be accepted as the primary supplier for the works listed above. (b) That the tenders submitted by 1. Downer EDI Works (for STC) 2. Downer EDI Works (for STB) 3. Boral Asphalt (for Ex-bin supply of asphalt) 4. Boral Asphalt (for Asphalt works) 5. Stabilised Pavements of Australia (for profiling) for the provision of Asphalt Supply and Associated Services be accepted as the secondary supplier for the works listed above. (c) Further, that the CEO and Lord Mayor be given delegated authority to determine the matter and execute and affix the Common Seal of Council to the necessary documents.

16.5	SUBJECT Civic Place - December Update REFERENCE F2004/06405 - D01092190 REPORT OF Chief Executive Officer
10433	RESOLVED (Esber/Lim) That the Council receive and note this report. NOTE: Councillors P B Barber, J Chedid and L E Wearne had previously declared an interest in relation to this matter as members of the Central Parramatta Planning Committee, the consent authority for Civic Place and temporarily left the Chamber during consideration of this matter.

QUESTION TIME

1

SUBJECT Relocation of Energy Australia Building REFERENCE F2008/04592 FROM Councillor G Elmore

10434

Councillor Elmore advised that the recent mini budget contained advice of the proposed sale and relocation of the Energy Australia Building. Bearing in mind Sydney Water had been long term neighbours of Energy Australia, Councillor Elmore requested that the Lord Mayor and Chief Executive Officer approach the Ministers for Energy, Planning and Western Sydney with a view to Energy Australia being encouraged to move to Parramatta. The Chief Executive Officer advised that he would take the matter on board.

2	SUBJECT Zimbabwe Function REFERENCE F2004/06182 FROM Councillor Andrew Wilson
10435	Councillor Wilson expressed appreciation on behalf of the participants to the Lord Mayor for his recent hosting of the Zimbabwe function. The Lord Mayor responded that it had been his pleasure.

3

SUBJECT Termite Problem - Land Abutting Coopers Creek REFERENCE F2004/06070 FROM Councillor Andrew Bide

10436

Councillor Bide advised that he had been approached by constituents of Mayfield Street, Wentworthville in relation to a termite problem experienced by unit owners abutting Coopers Creek. Apparently timber has been left on the ground at this location and termites are travelling under the fence and entering the unit block. The Strata Managers had written to Council and had subsequently received a reply that termites are native and protected under the Flora and Fauna Act and further, that Council intended to take no action to protect the residents. Councillor Bide advised that he would provide the Chief Executive Officer with a copy of the response from Council and requested that he review the matter with a view to Council taking its neighbourly responsibilities more seriously, perhaps with the provision of termite baits.

4

SUBJECT Parramatta Loop Bus REFERENCE F2004/08730 FROM Councillor Chiang Lim

10437

Councillor Lim referred to Item 11.7 on tonight’s agenda regarding the Traffic Engineering Advisory Group and particularly Business Item 10 regarding the Parramatta Loop Bus where the representative of Tanya Gadiel MP had sought information in relation to a proposal to extend the service. Councillor Lim asked whether Ms Gadiel could be requested to advise whether any extension of the service would be subject to the same financial assistance being received by the Wollongong and Sydney CBDs. The Lord Mayor advised that Council will review the Loop in February/March next year and added that he had written to both the Premier and the Minister for Transport seeking similar support to that received by Sydney and Wollongong.

5

SUBJECT Future Schedules of Workshops REFERENCE F2006/01127 FROM Councillor Chiang Lim

10438

Councillor Lim advised that Council had previously been provided with a list of future workshops to be held and requested that a similar list be provided to councillors to assist in the scheduling of their time. The Chief Executive Officer advised that the matter of Council’s meeting structure is currently being considered by councillors and the issue of workshops is related to this issue. He added that until Council had finalised its intentions in relation to meeting structures, a future schedule of workshops cannot be provided.

6	SUBJECT Farmers Markets REFERENCE DA/708/2007 FROM Councillor Julia Finn
10439	Councillor Finn noted that the Farmers Markets appeared to have a decreasing number of stalls. The Chief Executive Officer advised that the markets were not performing well and stall numbers had decreased over consecutive weeks. In addition, Council’s stall manager had left. He added that attempts to remedy the situation were being undertaken.

7

SUBJECT Use of Amplifiers and Consumption of Alcohol in the Church Street Mall REFERENCE F2007/00155 FROM Councillor Julia Finn

10440

Councillor Finn noted that there was an increasing problem of amplifiers being utilised and to a lesser extent, the consumption of alcohol in the Mall, with no rangers being evident. Councillor Finn added that contact with rangers in relation to the use of the amplifiers had resulted in a response that this matter was not one of urgency. Accordingly, Councillor Finn sought advice on activities proposed in the Mall up to 8pm together with the corresponding hours worked by rangers

8	SUBJECT Alcohol Free Zone Signage - Area Underneath M4 REFERENCE F2004/09185 FROM Councillor Julia Finn
10441	Councillor Finn advised that a year had passed since the area underneath the M4 had been declared an alcohol free zone and yet no signs had been erected to alert the community. Councillor Finn sought advice as to when the signs would be put in place.

9	SUBJECT Christmas Greetings - HMAS Parramatta REFERENCE F2004/07635 FROM Councillor Paul Garrard
10442	Councillor Garrard requested that Council extend its Christmas greetings and well wishes over the period of the festive season to the Commanding Officer and the company of the HMAS Parramatta together with best wishes for a safe return from their tour of duty in the Middle East.

10	SUBJECT Pollution Traps REFERENCE F2004/06073 FROM Councillor Michael McDermott
10443	Councillor McDermott sought advice on the schedule for the removal of debris caught in pollution traps located in council’s creeks. The Chief Executive Office took the question on notice but added that similar questions could be raised with him at any time.

11	SUBJECT Bus Shelter - Kissing Point Road, Dundas REFERENCE F2004/06890 FROM Councillor Michael McDermott
10444	Councillor McDermott advised that a bus shelter at the corner of Kissing Point Road and Rippon Avenue had recently been demolished and was slowly being rebuilt. At present the bus seat had been replaced but Councillor McDermott requested advice as to when the remainder of the structure would be completed.

12	SUBJECT Pruning of Plants - Roundabout at Intersection of Boronia Avenue and Midson Road, Epping REFERENCE F2008/03050 FROM Councillor Lorraine Wearne
10445	Councillor Wearne advised that complaints had been received in relation to the height of the plants located in the centre of the roundabout at the intersection of Boronia Avenue and Midson Road, Epping. Apparently an accident had already occurred at this location. Councillor Finn requested that pruning of the plants be undertaken.

13	SUBJECT Design Review Panel REFERENCE F2004/10221 FROM Councillor John Chedid
10446	Councillor Chedid sought advice on the present position of information he had requested pertaining to the Design Review Panel. The Group Manager Outcomes and Development advised that a memorandum had been finalised on this issue and would be forwarded to Councillor Chedid on Tuesday, 16 December 2008. Councillor Chedid requested that the receipt of his requests be acknowledged in the future.

14	SUBJECT Appreciation to Chamber and Staff REFERENCE F2004/06745 FROM The Lord Mayor, Councillor Tony Issa, OAM
10447	The Lord Mayor thanked the Chamber and staff for their hard work and for the support given to him as Lord Mayor.

The meeting terminated at 10.09pm.

THIS PAGE AND THE PRECEDING 38 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 15 DECEMBER 2008 AND CONFIRMED ON MONDAY, 9 FEBRUARY 2009.

Lord Mayor