Minutes of Ordinary Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 23 March 2009 AT 6:45 PM

PRESENT

The Deputy Lord Mayor, Councillor P J Garrard in the Chair and Councillors P B Barber (arrived 6:50pm), A Bide, J Chedid, G J Elmore (arrived 6:50pm), P Esber (arrived 6:50pm), J D Finn (arrived 6:50pm), M A Lack (arrived 6:50pm), C X Lim, S D Lloyd, P K Maitra (arrived 6:50pm), M D McDermott, L E Wearne and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Deputy Lord Mayor, Councillor P J Garrard 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 9 March 2009

10551

RESOLVED (Wilson/Lloyd)

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

APOLOGIES

It was noted that The Lord Mayor, Councillor A Issa OAM was absent due to being in Thailand and the absence, be accepted.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Ordinary Council Meeting.

1 Councillor S D Lloyd declared a non pecuniary interest in relation to Item 17.4 of Closed Session regarding Provision of Catering Services Tender as the persons tendering were Councillor Lloyd’s friends and former business associates.

2 Councillor L E Wearne declared a non pecuniary interest in relation to Item 9.1 of City Leadership regarding High Street Epping as Councillor Wearne is a Member of the Central Parramatta Planning Committee.

LORD MAYORAL MINUTES

SUBJECT Parramatta Lake Kiosk

REFERENCE F2005/02244

FROM The Lord Mayor, A Issa OAM

10552

MOTION (Garrard/Wilson)

That a report be prepared for Council on the future commercial leasing arrangements of the Lake Parramatta Kiosk, taking into account the case developed by the current licensee Mr Sam Vella and the issues raised by petitioners.

AMENDMENT (Barber/Maitra)

That Council consider a 3 year lease with a 1 year option of the Lake Parramatta Kiosk with the current licensee Mr Sam Vella.

The amendment was put and lost.

The motion was put and carried.

NOTE: 1. Councillor Barber requested that his name be recorded as voting against the motion.

2. Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, P K Maitra arrived at the meeting at 6:50pm during consideration of this matter.

Public Forum

5.1

SUBJECT Approval Authorities relating to Development and DAs on exhibition

REFERENCE F2004/06403 -

FROM Mr Barry Benson

10553

QUESTIONS

By Mr Barry Benson-

“1: Health risks for developments along busy roads

I would like to draw councils attention to a number of Department of Planning documents including the Metropolitan Strategy (2005), the West Central Subregional Strategy (2007), A Department of Planning directive from the Acting Regional Director, Sydney South West regarding ‘Enterprise Corridors’ (July 2007), Department of Planning Circular PS08-016 and the Booklet entitled Development near rail corridors and the busy road- interim guideline (December 2008).

Experts from the NSW Health, Planning DECC and the Transport Ministry met in 2004 and determined that there were health risks from developments along busy roads (enterprise Corridors) above 20,000 vehicles AADT particularly for sensitive uses such as Housing, Childcare Centres and Schools.

It is also stated that there are a number of roads that are NOT RECOMMENDED for Housing development due to traffic noise and vehicle emissions. It is our belief that roads such as Briens Road (77,000 VPD), Victoria Road (66,000 VPD), The Great Western Highway (50,000 VPD), Parramatta Road (50,000 VPD), and Woodville Road (50,000 VPD) meet that criteria regardless of whether those dwellings front the main or side road.

These documents clearly show that it the Approval Authority, Council or State, who are responsible for determining and resolving these polluting issues. Merely by requesting the information assistance of the Government Resources available to them.

While these Strategies and Guidelines relate to New Developments there is also an increasing concern for occupants of established residences on busy roads as vehicle numbers grow annually due to school leavers and increased immigration.

These risks have been known to this council since 2003. Would Council now tell the community why they have ignored continual health warnings of the past four years?

2. With a sense of déjà vu members of the public fronted libraries at Ermington and Parramatta only to find that a Development Application advertised as being on Exhibition was not. Accompanying documentation were available at the DSU counter but only on request, the Development Application was not.

Section 79(1)(a) of the EPAA requires that the Development Application and any accompanying information be placed on public exhibition. Not just accompanying information such as plans, etc.

In 2008 changes were made to several Acts of Parliament so that the public would be advised of political donations made by those involved in the application process. How can members of the public be advised and provide input of details contained in those documents are not exhibited.

Specific donor/gift information is required for each application and not whether they are an employee, councillor or relative. A Public Register was also not available for viewing.

Why is this information only being asked for in selective applications, i.e. Woodville Road and not across the board. “

RESPONSE By: Marcelo Occhiuzzi – Manager Land Use & Transport:-

“1 Health risks for developments along busy roads

Over the past 3 years, the State Government has released 3 guidance documents to limit the impacts of busy roads on residential development and sensitive land uses. They are the NSW Metropolitan Strategy, the Draft West Central Subregional Strategy and the Development near rail corridors and busy roads – interim guideline (2008). These documents have collectively been utilised by Council in the preparation of the comprehensive draft LEP and DCP and the current assessment of development applications.

Council has reflected the essence of these documents in drafting planning controls to ensure adverse impacts of busy roads are minimised on residential development and other sensitive land uses adjoining busy roads. A good example is application of the application of the R2 Low Density Residential Zone along some busy roads, such as Woodville Road and discouraging child care centres on main roads.

Design principles and standards relating to the minimisation of noise and vibration impacts as well as air pollution are currently located in the DCP 2005 and are proposed to be strengthened in the draft DCP.

It is imperative to ensure that development along busy roads balances a range of competing objectives, including traffic flow, access to land uses, access to and priority for public transport and the maintenance of a safe and healthy environment. It is evident through the provisions of the draft LEP and DCP, and development application process that Council considers all possible measures to ensure future planning avoids the risk of public health affects from the adverse impacts caused by busy roads.

2 DA Public Exhibition

The DA in which it is understood you are referring to is DA/952/2008. This DA was submitted to council on 17 December 2008 and seeks approval to the construction of an Aldi Supermarket and 7 residential units at 359-363 Victoria Road and 63A park Road, Rydalmere.

The DA was placed on Public exhibition for a period of 21 days commencing 28 January 2009 and concluding 18 February 2009. Council’s records show that approximately 100 letters were sent to adjoining land owners and occupiers advising them of the public exhibition of the DA. In addition to these letter a notice was placed in the local newspaper; and the DA and associated documents were also available for public viewing on Council’s DA tracking website.

The ‘Notification Checklist’ that was used by development support officers in preparation of the public exhibition of the DA confirms that a copy of the plans submitted with the DA, as well as the completed DA form were p[laced on public exhibition at councils customer service centre located at 30 Darcy Street and the Parramatta Central Library. It appears that the DA was not sent to Ermington Branch Library and we apologise for any inconvenience that this administration oversight may have caused.

To try to prevent this administrative error from occurring again it is proposed to amend the ‘Notification Checklist’ which is used by staff when preparing documents for public exhibition. The checklist will be amended to include the names of each branch library and the development support officer will be required to mark the task of referring DA documentation to the relevant branch library as completed.

2 Part 2 Political donation and gifts disclosure statement

Upon commencement of legislation on 8 October 2008, it is a requirement of section 147(4) of the EP&A Act for a person who makes a planning application to a Council to disclose reportable political donation and gifts (if any) which may have been made by any person with a financial interest in the application within the period commencing 2 years before the application is made and ending when the application is determined.

The same disclosures are also required to be made where a person makes a submission to a planning application under 174(5) of the EP&A Act.

The disclosure of a reportable donation or gift under section 147 of the Act is to be made:

(a) in a statement accompanying, the relevant planning application or submission, if the donation is made before the application or submission is made, or

(b) if the donation or gift is made afterwards, in a statement made 7 days after the donation or gift is made.

Information on the Political Donations and Gifts Disclosure legislation, together with the Political Donations and Gifts Disclosure Statement is available on Council’s website and at the Development Enquiry Counter at the Council Administration Office.

The completion of a Political Donations and Gifts Disclosure is Only required where a person has made a reportable donation and gifts as defined in the legislation. If a reportable donation or gift has not been made then the disclosure statement is not required to be completed. Notwithstanding the legislation, the applicant for DA/952/2008 has completed a Political Donations and Gifts Disclosure Statement declaring that they have not made a reportable donation or gift during the reporting period. A copy of the statement can be viewed by the public on Council’s DA Tracking website.

If you would like to view the Political Donations and Gifts Disclosure register that Council maintains please contact staff on Council’s Service Audit and Review Unit who will arrange the viewing of the register.

PETITIONS

SUBJECT Parramatta War Memorial Pool naming of grandstand to ‘Kevin Heshin’

REFERENCE F2004/07956

FROM Peter Ayoub

10554

RESOLVED (Esber/Maitra)

That the petition be received and referred to the appropriate Council officer for report to the 28 April Council meeting on the issues raised.

SUBJECT DA 2-6 Pennant Hills Road and 32 Albert Street, North Parramatta

REFERENCE DA/968/2008

FROM Residents of 34-36 Albert Street North Parramatta

10555

RESOLVED (Wearne/Chedid)

That the petition be received and on-site meeting be held

SUBJECT Pennant Street Shops, North Parramatta ‘Collett Village’ erection of signage

REFERENCE F2004/10213

FROM Ms Arania Leoida

10556

RESOLVED (Chedid/McDermott)

That the petition be received and referred to an appropriate council officer to provide a report, subject to the concurrence of the Geographical Names Board.

SUSPENSION OF STANDING ORDERS

10557 RESOLVED (Chedid/Wilson)

That Standing Orders be suspended to enable consideration to be given to urgent motions regarding:-

1 Policy Covering Parking Officers/Rangers.

2 Funding Support for Benjamin Ayoub.

3 Appeal of DA Before Land & Environment Court.

The Chairperson ruled that the matters were of urgency.

SUBJECT Policy Covering Parking Officers/Rangers

REFERENCE F2004/07057

FROM Councillor John Chedid

10558

RESOLVED (Chedid/Wilson)

(a) That Council resolve to report to a workshop the Office of the Director of Public Prosecution - Prosecution Guidelines for all PCC prosecutions including Parking Officers/Rangers.

(b) That Council immediately provide 2 parking spaces in front of the Council Chamber Building 1 disabled and 1 for drop off.

(d) Further, that a workshop be convened within 28 days to develop a new Parking Infringement Policy and mechanisms for review.

SUBJECT Funding Support for Benjamin Ayoub

REFERENCE F2007/01338

FROM Councillor Pierre Esber

10559

RESOLVED (Esber/Chided)

That $425.00 be forwarded to Benjamin Ayoub as payment towards his airfare and accommodation in support of his representation in the NSW Under 14s Boys Water Polo.

SUBJECT Appeal of DA Before Land & Environment Court.

REFERENCE F2009/00931

FROM Councillor Michael McDermott

10560

RESOLVED (McDermott/Lim)

That the Planning Department must notify and advise the chamber of advice regarding information received from the Land & Environment Court for appeals.

RESUMPTION OF STANDING ORDERS

10561 RESOLVED (Wearne/Wilson)

That Standing Orders be resumed.

Regulatory Reports

8.1

SUBJECT Parramatta City Council versus Propec Pty Ltd

REFERENCE F2004/07849 - D01156285

REPORT OF Manager Ranger Services

10562

RESOLVED (Bide/ McDermott)

That Council receive and note the courts decision in the matter of Propec Pty Ltd versus Parramatta City Council, including a letter from Council’s solicitor Storey & Gough dated 20 March 2009 as tabled to Councillors.

City Development

9.1

SUBJECT High Street Epping

REFERENCE F2004/07951 - D01150899

REPORT OF Property Program Manager

10563

RESOLVED (Wilson/Wearne)

(a) That Council agree to a total compensation of $8,681.20 (GST included) for the compulsory acquisition of Lot 1 DP 1126361 being a stratum of the Council land at High Street Epping, by the Transport Infrastructure Development Corporation.

(b) Further, that the Lord Mayor and the General Manager be authorised to affix the Council seal to Claim for Compensation, Deed of Release and related documents relating to the compulsory land acquisition of the subject Council land by the Transport Infrastructure Development Corporation.

9.2

SUBJECT Draft Granville Pedestrian Movement, Parking and Transport Study for Public Exhibition

REFERENCE F2007/02318 - D01157154

REPORT OF Place Manager - City Strategy

10564

RESOLVED (Chedid /McDermott)

(a) That council undertake to crate a simulated layout of the proposed south street upgrade using physical barriers to designate the proposed works, and that this work correspond with the exhibition of the 'Draft Action Plan' over a four week period

(b) That a summary of the feedback be provided to council following the four week public exhibition, together with any public submissions received and any proposed changes.

(c) That the traffic committee be advised of council's actions and that the draft plan be forwarded to the for comment and feedback, during the exhibition period

(d) That Council's communications team take appropriate actions to suitably advise the community of Councils decisions.

9.3

SUBJECT Further Report - Draft Parramatta LEP 2008

REFERENCE F2006/01198 - D01158704

REPORT OF Acting Manager Land Use and Transport Planning

10565

MOTION (Finn/Maitra)

(a) That Council adopt the recommendations relating to the draft Parramatta LEP (PLEP) as reported to Council 15 December 2008 (Attachment 4) as follows:

1 That Council endorse draft Parramatta Local Environmental Plan in Attachments 7 and 8 to the 15 December 2008 report and seek section 65 certification from the Department of Planning to enable the public exhibition of the draft plan.

2 That Council be informed of the outcome of the certification process prior to the commencement of the formal exhibition and any significant changes be the subject of a further report.

3 That any land reservations required for public transport corridors relating to SREP 18 – Public Transport Corridors be included in draft PLEP prior to exhibition if resolved by the relevant State Government authorities.

4 That the process to further develop a voluntary planning agreement (VPA) for the No 2 Morton Street site with the proponent and the draft VPA be deferred until the next Council meeting until advise is received from the Department of Local Government and the Department of Planning.

5 That Council agree in principle to the amalgamation of the City Centre LEP with the draft PLEP and that a further report on the process of amalgamation be presented to Council.

(b) That the general agreement reached by Councillors at the workshop on 4 February 2008, on the matters identified on the report to Council of 23 February 2008 (Attachment 3) as well as issues relating to overland waterways, traffic and heritage, be considered by Council as potential amendments to the draft LEP.

(c) That the outcomes of the discussions of Ward Councillors working groups as outlined in Attachment 1 as well as issues relating to overland waterways, traffic and heritage be tabled for consideration by Council.

(d) That the informal public information process on the draft LEP be carried out generally as outlined in Attachment 2 to this report prior to any formal exhibition of the draft PLEP.

(e) That the informal public information process be undertaken for a 4 week period.

(f) That the draft LEP as adopted be the subject of a further s64 pre submission meeting as required by the Department of Planning (DoP) and Council be advised of the outcome following that meeting as to the subsequent s65 certification process.

(g) Further, that Council invite the owner(s) of land within the industrial precinct at River West Road, Parramatta, to discuss a separate process by which the rezoning of the land to allow a mix of uses including residential, be considered.

AMENDMENT (Bide/Esber)

(a) That:-

1 The general agreement reached by Councillors at the workshop on 4 February 2008, on the matters identified on the report to Council of 23 February 2008 (Attachment 3), be included by Council as amendments to the draft LEP, with the deletion of the words “consideration of” from item (b) (3), together with the outcomes of the discussions of Ward Councillors working groups as outlined in Attachment 1.

2 That properties adjoining the ‘Winter House’ at 34 Adderton Road, corner Manson Street Dundas be zoned R2 to provide an appropriate curtilidge for that property. This zoning is to apply to the 2 adjoining properties on all boundaries of the Winter House including Adderton Road, Manson Street and Winter Street.

3 That No 21A Tucks Rd Toongabbie be reclassified as operational in Schedule 4 of the draft LEP

4 That a supermarket be a permissible development in conjunction with the B5 zone proposed for No 181 James Ruse Drive, Camellia

(b) That Council adopt the recommendations relating to the draft Parramatta LEP (PLEP) as reported to Council 15 December 2008 and with the amendments outlined in (a), further:

1 That Council endorse draft Parramatta Local Environmental Plan (Attachments 7 & 8) as amended and seek section 65 certification from the Department of Planning to enable the public exhibition of the draft plan.

2 That Council be informed of the outcome of the certification process prior to the commencement of the formal exhibition and any significant changes be the subject of a further report.

4 That Council staff continue the process to further develop a voluntary planning agreement (VPA) for the No 2 Morton Street site with the proponent and the draft VPA be reported back to Council for endorsement with the aim of exhibiting the draft VPA concurrently with draft PLEP.

5 That Council agree in principle to the amalgamation of the City Centre LEP with the draft PLEP and that a further report on the process of amalgamation be presented to Council.

6 That, subject to advice to Council of those changes, should minor errors or anomalies be discovered in the draft PLEP maps or documentation, then those be rectified prior to exhibition of the draft LEP without being referred back to Council providing that any such proposed changes be circulated via email to all councillors with the reservation that upon any 3 councillors lodging a request in writing with the CEO by the close of business the following day, the matter must be brought back before the next Council meeting or if deemed urgent, by the CEO, considered by extraordinary meeting in accordance with s242 of the LG (General) Regulation 2005.

(c) That the informal public information process on the draft LEP be carried out generally as outlined in Attachment 2 to this report prior to any formal exhibition of the draft PLEP.

(d) That the informal public information process be undertaken for a 4 week period.

(e) That the draft LEP as adopted be the subject of a further s64 pre submission meeting as required by the Department of Planning (DoP) and Council be advised of the outcome following that meeting as to the subsequent s65 certification process.

(f) Further, that Council invite the owner(s) of land within the industrial precinct at River West Road, Parramatta, to discuss a separate process by which the rezoning of the land to allow a mix of uses including residential, be considered.

The amendment was put and carried and became the motion.

The motion was carried

DIVISION The result being:

AYES The Deputy Lord Mayor, Councillor P J Garrard, A Bide, J Chedid, P Esber, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson.

NOES Councillors P B Barber, G J Elmore, J D Finn, M Lack & P K Maitra.

NOTE: A notice of motion to rescind this decision was submitted on 25 March 2009.

Environment

10.1

SUBJECT Concerns over of Water Quality - Cooper Creek

REFERENCE F2004/06070 - D01156890

REPORT OF Senior Environmental Health Officer

10566

MOTION (Esber/ Maitra)

(a) That the report be received and noted

(b) That Cooper Creek be considered for inclusion in the Council’s Waterway Improvement Program.

(c) Further, that a response outlining the outcome of Council’s investigation be forwarded to the head petitioner Mr Charles Carmenzuli.

AMENDMENT (Bide/Lloyd)

(a) That the report be received and noted

(b) That Cooper Creek be considered for inclusion in the Council’s Waterway Improvement Program.

(c) That a response outlining the outcome of Council’s investigation be forwarded to the head petitioner Mr Charles Carmenzuli.

(d) That Council write to Sydney Water requesting that they conduct a detailed inspection of their sewer pipe next to Coopers Creek upstream of Fulton Avenue, Wentworthville and perform urgent remediation works as they deem necessary to comply with their licence.

(e) That Council write to the Department of Environment and Climate Change advising them of the possible sewer leaks and possible breaches of Sydney Water’s licence and request they complete a compliance audit of the sewer pipes next to Coopers Creek upstream of Fulton Avenue, Wentworthville

(f) Further, that Council staff prepare brief report in 12 months time reporting any progress or deterioration of Coopers Creek

The amendment was put and carried and became the motion.

The motion was carried

Roads Paths Access and Flood Mitigation

11.1

SUBJECT Prioritisation Traffic Calming

REFERENCE F2008/05098 - D01152502

REPORT OF Manager Traffic and Transport

10567

MOTION (Chedid/Wearne)

(a) That the Road Safety and Amenity List be included in the agenda of Traffic Engineering Advisory Group agendas as a standing item.

(b) That for a request be accepted onto the Road Safety and Amenity List then at least 50% of properties should indicate support in writing for the proposal by petition or form letter. Furthermore, inclusion on the list would only last 5 years, if a project is not funded in this time then it will be removed from this list.

(c) That the Road Safety and Amenity List be prioritised based on the number of collisions and cost of works (benefit/cost ratio). When a proposal has been prioritised the residents of the street will be advised of its listing and a general indication of its priority.

(d) That it be noted that Council, by resolution, will be able to add to this list or change the priority regardless of the benefit/cost ratio assessment process conducted by staff.

(e) Further, that Council propose an amount of $200,000 from the 2009-10 Management Plan for a speed hump program.

11.2

SUBJECT Proposed Renaming of Cooinda Place, Winston Hills to Coolaroo Place, Winston Hills

REFERENCE F2006/00231 - D01156292

REPORT OF Property Officer

10568

RESOLVED (Barber/McDermott)

(a) That Council officially changes the street name from Cooinda Place to Coolaroo Place.

(b) Further, that the residents of Cooinda/Coolaroo Place, and the relevant authorities (UBD, Emergency Services, Aust Post, Government Services etc) be notified of Council’s decision.

Culture and Leisure

12.1

SUBJECT Annual Christmas Lights Competition

REFERENCE F2004/09855 - D01134340

REPORT OF Acting Service Manager - Major Events and Sponsorship

10569

MOTION (Lim/McDermott)

(a) That Council consider the information provided in this report.

(b) That a project proposal be prepared for a Christmas Lights competition for Council’s consideration in the Management Plan and Budget for 2009/10.

(d) That the first competition occur in Christmas 2009

(e) Further, that we have awards for both:-

1 Best Santa Display.

2 Best Nativity Display.

Community Care

13.1

SUBJECT Council's Advisory Committees

REFERENCE F2005/01941 - D01151181

REPORT OF Community Capacity Building Officer

10570

MOTION (Lim/Barber)

(a) That Council retain the ATSI, Access, Arts, Cycleways and Heritage Advisory Committees in their current form and terms of reference, and their respective memberships reconfirmed through a public advertising and/or consultation process.

(b) That Council retain the Youth Advisory Committee, recruiting new membership in the normal public process with the inclusion of inviting the School Captains of the LGA’s High Schools, and its future suitable alternative meeting format and terms of reference to be determined after an initial forum of all potential members of the Youth Advisory Committee.

(d) That Councillors be consulted further about the future of the Multicultural Advisory Committee.

(e) That the following be investigated for possible creation after further input from Councillors, Council staff and external organisations, and a report be submitted for Council’s consideration:

i The Family Advisory Committee or Working Party or Task Force;

ii The Technology Advisory Committee or Working Party or Task Force; and

iii The Environment Advisory Committee or Working Party or Task Force.

City Leadership and Management

14.1

SUBJECT Local Government Managers Australia (LGMA) National Congress and Business Expo 'Local Government.... Creating our future' 24 -27 May 2009 Darwin Convention Centre NT

REFERENCE F2004/07326 - D01128491

REPORT OF Service Manager - Council Support

10571

RESOLVED (Lloyd/Wilson)

(a) That the Lord Mayor (or nominee) and Councillors A Bide and L E Wearne attend the Local Government Managers Australia (LGMA) National Congress and Business Expo ‘Local Government ... Creating our future’ 24 -27 May 2009 Darwin Convention Centre NT.

(b) Further, that delegate registration, accommodation and out of pocket expenses in a total estimate amount of $4500.00 per delegate, be paid from account number 10.1260.712.644405.00000.00000 ‘Councillor Conferences’ in accordance with Council Policy for a Category ‘B’ conference.

14.2

SUBJECT Councillor Information Seminars

REFERENCE F2004/06169 - D01140999

REPORT OF Service Manager - Council Support

10572

RESOLVED (Chedid/Bide)

(a) That the feedback from the councillor information seminars be received and noted.

(b) Further that the Department of Local Government be provided with a web link to this decision.

14.3

SUBJECT Investments Report for January 2009

REFERENCE F2008/01474 - D01149705

REPORT OF Manager - Finance

10573

RESOLVED (Chedid/Barber)

That Council receives and notes the investments report for January 2009.

14.4

SUBJECT 2009 National General Assembly of Local Government (NGA) "Rising to the Challenge - Infrastructure, Financing, Climate Change".

REFERENCE F2008/02785 - D01156379

REPORT OF Service Manager - Council Support

10574

RESOLVED (Chedid/Wilson)

(a) That the Lord Mayor (or nominee) and Councillors S D Lloyd and P K Maitra attend the 2009 National General Assembly of Local Government (NGA) ‘Rising to the Challenge – Infrastructure, Financing, Climate Change’ being held at the National Convention Centre Canberra, 21 - 24 June.

(b) Further, that delegate registration, accommodation, travel and out of pocket expenses be paid from account number 10.1260.712.644405 in accordance with Council Policy on Civic Office Expenses and Facilities for a Category ‘B’ conference.

14.5

SUBJECT Policy Review Civic Office Expenses and Facilities

REFERENCE F2005/02435 - D01158013

REPORT OF Manager Service Audit and Review

10575

MOTION (Bide/Lloyd)

(a) That Council give public notice of its intention to amend the Civic Office Expenses and Facilities Policy in accordance with Section 253 of the Local Government Act, 1993, and proposed provisions shown in Part 3 in Attachment 1.

(b) That following public exhibition, the revised Policy together with public submissions be submitted to Council for consideration and adoption.

AMENDMENT (Esber/ Chedid)

(b) Further, that following public exhibition, the revised Policy together with public submissions be submitted to Council for consideration and adoption.

The amendment was put and carried and became the motion

The motion was put and carried

14.6

SUBJECT Report of the Audit Committee Meeting held on 5 February 2009

REFERENCE F2008/02951 - D01158058

REPORT OF Manager Service Audit and Review

10576

RESOLVED (Esber/Wearne)

That the Minutes of the Audit Committee meeting held on 5 February 2009 (Attachment 1) be received and noted.

14.7

SUBJECT Strategic Planning Conference

REFERENCE F2008/02593 - D01159533

REPORT OF Chief Executive Officer

10577

RESOLVED (Esber/Maitra)

(a) That Council agree to postpone the conference until a suitable date is available that includes a Friday evening, Saturday and Sunday to allow enough time to complete the full agenda.

(b) That Councillors are provided with several weekend dates for their consideration and that they provide the CEO with their preference and the conference date be rescheduled.

(d) That the Executive, Councillors and their partners be invited to attend the conference.

(e) That Council agree that the Executive consults with Councillors for input and feedback about the proposed agenda.

(f) Further that, Council encourage all Councillors to attend the conference.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.35 pm for a period of 10 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.45 pm, there being in attendance The Deputy Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid (arrived 8:50pm), G J Elmore, P Esber, J D Finn, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

Notices of Motion

15.1

SUBJECT Electoral Laws

REFERENCE F2008/01538 - D01152545

FROM Councillor A A Wilson

10578

RESOLVED (Wilson/McDermott)

That Parramatta City Council make a further submission to the State Government, the LGSA and the Department of Local Government on the ineffectuality of the new electoral laws in catching wrong doing, the compliance cost, the entry level barrier they create for new candidates, the additional cost to Council of running elections and the inconvenience created to the voting public.

NOTE: Councillor J Chedid returned to the meeting at 8.50 pm during consideration of this matter.

15.2

SUBJECT Development Policy

REFERENCE F2004/06472 - D01159515

FROM Councillor P J Garrard

10579

RESOLVED (Garrard/Chedid)

That Parramatta City Council views with concern the latest economic indicators, reflecting a shrinking economy with little growth and only the prospects of a worsening economic picture. Council also recognizes the increasing levels of unemployment, together with the uneasiness of the banking system and the subsequent diminishing of economic activity.

In an effort to promote the well being of the Parramatta Regional economy, and in order to play a leadership role within that region, that immediate steps be put into place so as to reflect the emerging financial crisis, from a practical perspective.

In order to achieve that outcome, that Parramatta City Council reconsider its development policy so as to allow the following regulations to be implemented:

(a) Requesting an urgent report seeking an amendment to Council’s existing policy, which allows for an approved DA to be valid for a period of up to three (3) years, without substantial commencement, to be extended by one (1) year, as allowed under existing State Government legislation.

(b) That the policy be made retrospective and that the Council delegate to the CEO, the power to approve applications for the extension of development consents except for developments that would be prohibited under the ‘Proposed Parramatta LEP 2008.’ This delegation is for a period of two (2) years.

(c) That any policy change only be valid for a period of two (2) years, and after such time, Council reconsider its position.

(d) That any policy change NOT include any DA which is prohibited under the Land Uses describe within the new ‘Proposed Parramatta LEP 2009.’

15.3	SUBJECT Places of Worship REFERENCE F2006/01198 - D01159519 FROM Councillor P J Garrard
10580	RESOLVED (Garrard/Chedid) (a) That Council acknowledges that ‘Places of Worship’ are currently permissible within all residential neighbourhoods. (b) Further, that in order to address the bulk/size of the applications, and their interface within local neighbourhoods, that Council formulate a DCP for ‘Places of Worship’, so that Council can better evaluate the application when they come before the Chamber.
CLOSED SESSION
10581		RESOLVED (Esber/Bide) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Strategic Asset Management Property Acquisition Negotiation. (D01150369) - 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 Civic Place - March Update. (D01150606) - 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 Electronic Voting at Council Meetings. (D01151313) - 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 Provision of Catering Services Tender. (D01016075) - 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 Independent Representatives for Council's Audit Committee. (D01157259) - This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

RESUMPTION OF MEETING

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

17.1

SUBJECT Strategic Asset Management Property Acquisition Negotiation

REFERENCE F2008/03904 - D01150369

REPORT OF Property Development Advisor

10582

RESOLVED (Esber/Wearne)

(a) That action be taken to acquire 40 Cowper Street, Granville more formally known as Lot 1 in Deposited Plan 998449.

(b) That the proposed future actions identified in clauses 15 and 16 be approved.

17.2

SUBJECT Civic Place - March Update

REFERENCE F2004/06405 - D01150606

REPORT OF Internal Project Manager - Civic Place

10583

RESOLVED (Wilson/Maitra)

That the Council receive and note this report.

17.3

SUBJECT Electronic Voting at Council Meetings

REFERENCE F2008/00400 - D01151313

REPORT OF Service Manager - Council Support

10584

RESOLVED (Elmore/Wearne)

That Council take no further action in this matter pending construction of a possible new future chamber;

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

17.4

SUBJECT Provision of Catering Services Tender

REFERENCE F2004/07396 - D01016075

REPORT OF Service Manager - Council Support

10585

MOTION (Esber/Wearne)

(a) That Amadeus, Prospero’s, Arcadia, the Bite and Amory Catering be appointed to provide catering services for Council for the next 3 years on a monthly roster and rotating basis .

(b) That a survey be undertaken in 6 months of all users of the caterers, including Councillors, on the quality of the service provided and food safety inspection.

(d) That if for some reason Council is not satisfied with the service or performance of 1 or more of the selected tenderers, Council retain the right to terminate the arrangement with 21 days notice.

(e) Further, that the successful and unsuccessful tenderers be notified of Council’s decision.

NOTE : Councillor S D Lloyd declared a non pecuniary interest in relation to this matter, as Councillor Lloyd is friends and has had previous business associations with tenderers, and took no further debate or discussion on this matter.

17.5

SUBJECT Independent Representatives for Council's Audit Committee

REFERENCE F2008/02951 - D01157259

REPORT OF Manager Service Audit and Review

10586

RESOLVED (Chedid/Wearne)

That the matter be deferred to the next Regulatory Meeting including consideration of alternate members to the Audit Committee.

9.30pm open to public

QUESTION TIME

SUBJECT Crime Hotspots in the Sunday Telegraph

REFERENCE F2006/00347

FROM Lorraine Wearne

10587

Councillor Wearne referred to the newspaper article which appeared on Page 18 of the Sunday Telegraph on 22 March 2009, listing crime hot spots – including the mention of Church Street, Parramatta.

Councillor Wearne requested that Council respond to the article.

NOTE: Councillor P Esber left the meeting at 9.35 pm during consideration of this matter.

SUBJECT Sydney Turf Club

FERERENCE F2005/01920

FROM Scott Lloyd

10588

Councillor Lloyd referred to the Notice of Motion from Councillor Garrard regarding the Sydney Turf Club and when negotiating future relationships, could the Advertising campaign show horses racing in Parramatta streets rather than through the CBD

SUBJECT Shopping Trolleys

REFERENCE F2004/07525

FROM Andrew Wilson

10589

Councillor Wilson referred to a number of abandoned shopping trolleys in Albert Street, North Parramatta and enquired what could be done

SUBJECT Roses in Prince Alfred Park

REFERENCE F2008/01129

FROM Andrew Wilson

10590

Councillor Wilson commended Council Staff on the display of Roses in Prince Alfred Park.

NOTE: Councillor P B Barber left the meeting at 9.40 pm during consideration of this matter.

SUBJECT Loose, Dangerous & Unsightly Pavers

REFERENCE F2004/09470

FROM Andrew Bide

10591

Councillor Bide suggested that one of the OLOs walk from the Town Hall to Heritage Centre then from Riverside Theatres and back to the Town Hall identifying the loose dangerous and unsightly pavers in the showcase area of our city

SUBJECT Public Forum

REFERENCE F2004/06174

FROM Chiang Lim

10592

Councillor Lim referred to the Public Forum process, and requested that a comment be provided by staff prior to each question as to whether the issue had been previously submitted to Council, or whether it was first presentation.

SUBJECT Outdoor Dining

REFERENCE F2005/02404

FROM Chiang Lim

10593

Councillor Lim questioned what outdoor dinning application or request has been sought for the alleyway connecting the Phillip Street car park and the western side of Church Street- restaurants between Phillip Street and the Parramatta River

SUBJECT 163 Kissing Point Road, Dundas - Possible Illegal Fill

REFERENCE F2005/00017

FROM Michael McDermott

10594

Councillor McDermott requested advice as to when he could expect a reply to a Question Time item submitted to the Council Meeting held on 23 February 2009 regarding Kissing Point Road, Dundas and illegal fill as none had been received to date

SUBJECT Removal of Signs on Cycleway along M4

REFERENCE F2004/06836

FROM Julia Finn

10595

Councillor Finn requested that the signs on the cycleway along M4 near the Alfred Street interchange that had been removed be replaced as soon as possible

SUBJECT Free Parking for Businesses

REFERENCE F2004/07341

FROM Prabir Maitra

10596

Councillor Maitra requested information about the Free Parking previously referred to by the Lord Mayor.

The CEO advised that this was being looked at regarding the possibility of 15 Minute Free Parking areas for businesses.

SUBJECT Floor Space Ratio for Granny Flats

REFERENCE F2004/09236

FROM Prabir Maitra

10597

Councillor Maitra requested advice as to the floor space ratio for granny flats as determined by the DCP.

SUBJECT Damage to Glass Panel of Adshel Bus Shelter

REFERENCE F2004/07497

FROM Glenn Elmore

10598

Councillor Elmore referred to the damage to the glass panel of the Adshel Bus Shelter in Woodville Road.

Councillor Elmore requested that an approach be made to Adshel as to whether they would consider using materials that cannot be easily damaged.

RESCISSION MOTIONS

The Deputy Lord Mayor, Councillor P J Garrard advised that a Notice of Motion, signed by Councillors C X Lim, A Bide M D McDermott, to rescind the following item had been received prior to the termination of the meeting:-

1 Item 17.3 of Closed Session regarding Electronic Voting at Council Meeting (Minute No 10583 refers).

The meeting terminated at 9.45 pm.

NOTE: A notice of motion to rescind Item 9.3 regarding the (Further Report – Draft Parramatta LEP 2008) was submitted on 25 March 2009.

THIS PAGE AND THE PRECEDING 21 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON Monday, 23 March 2009 AND CONFIRMED ON Tuesday 14 April 2009.

Lord Mayor