MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 27 July 2009 AT 6:46 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A Bide, J Chedid (arrived 6.51 pm), G J Elmore, P Esber,  P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra (arrived 6.48 pm), M D McDermott, L E Wearne (Deputy Lord Mayor) (arrived 6.51 pm) and A A Wilson (arrived 6.51 pm).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor A Issa, OAM acknowledged the Burramatugal 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 13 July 2009
10840	RESOLVED       (Esber/Elmore) That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

10841        RESOLVED       (Bide/Barber)

That an apology be received and accepted for the absence of Councillor J D Finn.

DECLARATIONS OF INTEREST

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

LORD MAYORAL MINUTE

1

SUBJECT          Acknowledgement of the Tragic Death of Members of the Lin Family who operated a Newsagency at Epping within the Parramatta Local Government Area REFERENCE    F2004/08215 FROM                 The Lord Mayor, Councillor A Issa OAM

10842

RESOLVED       (Issa/Esber) (a) That Council acknowledge the tragic death of Mr Min Lin, Mrs Yun Li Lin, their sons Henry and Terry and sister of Mrs Lin – Yun Bin Yin. (b) That this Council pass on its sympathy to the daughter and sister of the Yin family, Ms Brenda Lin. (c) That this Council mark the passing of the members of the Lin Family with a minutes’ silence. (d) That Council express strong support for the New South Wales Police Force in bringing those responsible for these vicious crimes to justice. (e)   That Councillors be advised when the memorial for the Lin Family is to be held. (f)        Further, that Council extend practical fund raising support to the Lin Family. NOTE:     Councillors P Maitra (6.48 pm), J Chedid (6.51 pm) L E Wearne (6.51 pm) & A A Wilson (6.51 pm) arrived at the meeting during consideration of this matter.

PUBLIC FORUM

1

SUBJECT          Development Application - 356 Church Street, Parramatta REFERENCE    DA/466/2008 FROM                  Mr Owen Aoun - Tesmar Group Pty Ltd

10843

STATEMENT By Mr Owen Aoun - Tesmar Group Pty Ltd “Thank you for the opportunity to address Council on the St Peters Heritage Hotel. This is a project of which the Tesmar Group is very proud. This is also the opportunity for Council to approve a project of which it too, will be very proud, as will all forward-thinking people who live in, work in and visit Parramatta. The St Peters Heritage Hotel project is one that marries the best of heritage preservation in the second most historic precinct in Australia, with the best of contemporary architecture and style in the second CBD of the most historic state of Australia. In Council’s 2007- 08 annual report the Lord Mayor confirms that the City of Parramatta is attracting ever increasing numbers of businesses to the area. Over 11,000 more people now work in the City of Parramatta each day for the RTA, Commonwealth Bank, Attorney-General’s Department and Sydney Water alone. The Parramatta Civic Place Redevelopment Project will generate even more visitors, businesses and employees. Big businesses attract other big businesses and it is important that Parramatta City is prepared to meet all the needs of increasing business activity. And make no mistake about it, councillors, history has proven over and over again, business activities will continue to increase as economies will continue to grow, even if from time to time, as many are experiencing now, there are interruptions and even downturns in that growth. Well-managed economies recover and resume their upward trend and Australia’s economy is no exception. In times such as this it is even more important that well-managed cities provide all the proper infrastructure that a vibrant business culture needs to grow and prosper. Council has already demonstrated its preparedness for the future with its Integrated Transport Plan. Council already anticipates an extra 30,000 workers and 20,000 residents within the next two decades. Parramatta Council knows how to make sound decisions to prepare for the future. In every vibrant city in the world, the proper infrastructure to help ensure their vibrant business culture, is carefully nurtured and grown. This includes providing outstanding hotels where visitors from outstanding corporations stay; where outstanding members of the legal, financial and medical profession can meet and dine; and where outstanding businessmen and women will forge the deals that bring outstanding success to their businesses and to the city in which they are based. St Peters Heritage Hotel will be just such an outstanding property. It will be the premier 5 star property for the city of Parramatta – indeed it will be the only true 5 star property for the city. Furthermore, the St Peters Heritage Hotel development also ensures the preservation of an important heritage building that will become an integrated yet uniquely individual part of a project that compares favourably to the landmark ‘Portico’ project in the City of Sydney. ‘Portico” is the outstanding development where the heritage Scots Church has been preserved as an integrated but uniquely individual part of a new construction that demonstrates how courageous vision can triumph over timid failure to think outside the square. The report on the St Peters Heritage Hotel project by council’s planner has failed to recognize the bigger picture and is both subjective and selective in its focus on minor matters of technical non-compliance.  Clause 35 (9) of Council's LEP provides for conservation incentives. Why have a mechanism in your LEP if you are not prepared to use it. The economic assessment put forward by our consultants has been accepted by Council's independent Consultants. Our Conservation Management Plan has been accepted by Council's Heritage Consultant, yet on the other hand he does not agree that the hall should be demolished. He agrees that there are substantial works that need to be carried out to St Peters but he has not come up with a strategy on who will pay for the works if this development does not proceed. Yet in this same report, council’s urban designers - who have higher professional qualifications and more experience than the author of the report - are very supportive of the building’s design.  But their opinions seem not to carry the greater weight due to their greater expertise. St Peters Heritage Hotel will enhance this area. It will not detract from it. And to find fault with the project because it successfully meets 4 of the 5 objectives of the zone – 80% of those objectives – is astonishing because it is not necessary to meet all objectives of a zone. An 80% achievement is high achievement indeed. The NSW Heritage Office supports this project - for they know, much more than most, just what we have already lost as a society. And they well know the cost associated with restoring and maintaining such a significant heritage item due to its type of construction. It is in the public interest and it is in the council’s interest to preserve St Peters and retain an irreplaceable part of our heritage when so many other examples have disappeared forever. It is in the public interest and it is in the council’s interest to ensure that the appropriate infrastructure is in place so that when outstanding business and professional people come to Parramatta they have an outstanding home here, in the northern heart of Parramatta – to stay, to eat, and to meet other outstanding local men and women to build their businesses and our city. The alternative to commitment to this project is a missed opportunity to ensure that a truly landmark development is built to become an integral part of this city’s business and cultural future. The alternative to commitment to this project is a missed opportunity to prevent the unrecoverable loss of another piece of Parramatta’s rich heritage through the terminal cancer of neglect. The alternative to commitment to this project is a time in the future when residents and ratepayers and visitors to this city see historic photographs of what has been lost and ask in disbelief - “How could they have let that happen?“ Councillors, I urge you to think of both the past and the future of Parramatta. I urge you to preserve one as you provide for the other. I urge you to approve the DA for the St Peters Heritage Hotel project. Thank you very much for your attention.”

PETITIONS

1	SUBJECT          Request for Installation of Speed Humps - Robertson Street, Merrylands REFERENCE    F2008/03507 - D01264188 FROM                 J King and others
10844	RESOLVED      (Elmore/Garrard) (a)       That the petition be received and referred to the Parramatta Traffic Committee (PTC) with a view to Robertson Street being placed on the Traffic Amenity list. (b)       Further, that Council Officers undertake the appropriate testing of speed and amount of vehicles utilising Robertson Street for consideration by the PTC.

2

SUBJECT          Objection to Proposed Development - 10 - 12 Markey Street, Guildford REFERENCE    DA/78/2007 FROM                 Residents of Markey Street , Guildford

10845

RESOLVED      (Garrard/Wilson) (a)     That Council oppose the proposed development in Markey Street, Guildford and calls upon the Department of Housing to desist from the proposed development for the reasons outlined in (b) below and requests that the Department submit an application and proceed through the normal DA process.  (b)      That this Chamber believes:-       1 The development represents an over development of the site.       2  The local road network is already stressed and incapable of         further multi-unit Development.       3 There are no footpaths in Markey or Eve Streets to allow the        senior/disadvantaged to gain access to shops and        transport.       4 The development provides insufficient car parking spaces for        tenants and guests.       5 Extensive car movements occur during both AM and PM        caused by the local school and further development would        result in unsafe pedestrian movements.       6 The development is clearly not in the public interest because of        the insufficient facilities within the neighbourhood. (c)     Further, that a copy of the petition and Council’s decision be           forwarded to the Minister for Housing as a matter of urgency.

3	SUBJECT          Request for Removal of Basketball Court - Illoura Reserve REFERENCE    F2006-00490 – D01264165 FROM                 Janice Jenner and others
10846	RESOLVED      (Garrard/Bide) That the petition be received and referred to the appropriate officer for report to Council as a matter of urgency.

Rescission Motions

7.1	SUBJECT          Section 82A Review - 15 Virginia Street Rosehill REFERENCE    DA/568/2008 - D01253041 REPORT OF      Manager Development Services. Also Manager Development Services Memorandum dated 24 July 2009.
	NOTE:       The rescission motion submitted on this issue was withdrawn (refer Manager Development Services Memorandum Dated 24 July 2009).

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

10847        RESOLVED       (Esber/Wilson

That Item Nos 10.1 and 10.2 of City Development, 11.1 and 11.2 of Roads Paths Access & Flood Mitigation, 12.1 of Culture and Leisure and 13.2 of City Leadership & Management be adopted without discussion in accordance with the staff recommendations.

Regulatory Reports

9.1

SUBJECT          Section 82A Review - 356 Church Street Parramatta (Lot B DP 154618) (Arthur Phillip Ward) DESCRIPTION  Demolition of the heritage listed hall, restoration of the heritage listed St Peter's Church and use as a restaurant, construction of a 13 storey hotel with basement car parking for 20 vehicles. REFERENCE    DA/466/2008 - Submitted 17 September 2008 APPLICANT/S   Southern Cross Enterprise Group Pty Ltd OWNERS           Southern Cross Enterprise Group Pty Ltd REPORT OF      Manager Development Services

10848

MOTION              (Garrard/Bide) (a)      That in relation to DA/466/2008 for the demolition of the church hall and the construction of a 13 storey hotel with basement car parking and the restoration of St Peter’s Church for use as a restaurant at 356 Church Street Parramatta, that:- 1       Council notes the advice provided in the report, that Council does have the power to vary planning controls and approve the application under Clause 35, sub-clause 9, and that Council can approve the demolition of the hall under Clause 35(2) of the Parramatta City Centre LEP. 2       Council adopt the Conservation Management Plan so as to satisfy sub clauses 9 (a1, b and c) and accepts the advice from the NSW Heritage Office as a condition of consent requiring an Excavation Permit under the Provisions of the NSW Heritage Act. 3       Council accept the NSW Heritage Office advice that ‘the Church Hall itself, has not been identified as having a high level of significance and has been extensively modified in the past. The demolition of this structure is likely to have an acceptable level of impact on the site.” (b)      Further, that in granting a deferred commencement and supporting the Section 82A review , Council include its normal conditions of consent plus the following extra conditions:- 1       The adoption of paragraph (5) relating to the RTA’s Technical Direction 2001/04. 2       The adoption of the comments by Council’s Strategic Crime and Corruption Officer relating to Trading Hours and Security. 3       That the applicant be requested to supply an Acid Sulfate Soils report. 4       That Council requires the implementation of the conservation works as per the CMP and the accompanying Budget Cost Plan. 5       That in order to justify Clause 22D “Building Separation”, a written submission  for the variations be supplied to Council. AMENDMENT   (Barber/Wearne) That Council as the consent authority uphold its previous decision and refuse to grant consent to DA/466/2008 for the demolition of the heritage listed hall, restoration of the heritage listed St Peter’s Church and use as a restaurant, construction of a 13 storey hotel with basement car parking for 20 vehicles for the following reasons: Aims and Objectives of City Centre LEP 2007 1         The development is contrary to the requirements of Clause 2 – ‘Aims of Plan’ of Parramatta City Centre LEP 2007. The demolition of a heritage listed building and the construction of a building of excessive height is contrary to aim (h) and aim (j). The development is also contrary to the objectives of the B4 Mixed Use zone in that it would not protect and enhance the unique qualities and character of special areas with the Parramatta City Centre. Height & Design 2         The development is contrary to the requirements of Clause 21 – Height of Buildings of Parramatta City Centre LEP 2007. The development will compromise solar access to streets and nearby buildings, the height of the building does not have adequate regard to heritage sites, the development does not provide a high quality urban form for the northern and eastern elevations, the site is not appropriate for taller development, the development negatively impacts on historic views and the future built form and skyline of the Parramatta city centre 3         The development is contrary to the requirements of Clause 22B – Design Excellence of Parramatta City Centre LEP 2007. The development fails to appropriately address heritage issues, streetscape constraints, the principles of ecologically sustainable development, and the scale of the tower is excessive and incompatible with the future urban form of the area. 4         The development is contrary to the requirements of Clause 22D - Building Separation of Parramatta City Centre LEP 2007. The development fails to provide a minimum side and rear setback for that part of the building above 36m in height and a written request for the variation of this development standard was not submitted with the application. 5.      The development is contrary to the requirements of Clause 22E – Ecologically sustainable development of Parramatta City Centre LEP 2007. The development fails to adequately address the following principles of Ecologically sustainable development; (a) greenhouse gas reduction, (f) energy efficiency and energy conservation,  (b) embodied energy in materials and building processes, (c) building design and orientation, (d) passive solar design and day lighting, and (g) water conservation and water reuse. 6          The development is contrary to the requirements of part 2.1 - Building to street alignments and street setbacks of Parramatta City Centre DCP 2007 as the street setback of the development is not consistent with the existing street setback of the church hall. 7          The development is contrary to the requirements of part 2.2 - Street Frontage Heights of Parramatta City Centre DCP 2007 as the scale of the building is excessive in comparison to likely future development, the form of the building is inconsistent with the likely future form of development within the street block and the development would compromise solar access to the street. 8          The development is contrary to the requirements of part 3.8 - Building Exteriors of Parramatta City Centre DCP 2007 in that height of the building and the streetscape presentation of the eastern and northern elevations is unacceptable. Heritage 9         The development is contrary to the requirements of Clause 22G – Special Areas of Parramatta City Centre LEP 2007. The development is not compatible with the character and significance of the Church Street North Special Area and the Prince Alfred Park Special area and would not reinforce the specific attributes and qualities of the built form of the Church Street North Special Area. 10       The development is contrary to the requirements of Clause 35 (heritage conservation) and 35A (historic view corridors) of Parramatta City Centre LEP 2007 as the development seeks approval for the demolition of a heritage item and would have a negative impact on the heritage significance of St Peter’s Church and historic view corridors. 11       The development is contrary to the requirements of part 7.1 - Controls for heritage and Special Uses of Parramatta City Centre DCP 2007 as the scale of the development is excessive and inadequate cartilage has been provided to St Peter’s Church. The development is also contrary to the requirements of part 7.3 - Special Area Controls of Parramatta City Centre DCP 2007 as the scale of the development would have a negative impact on the character of the Church Street North Special Area and the heritage character of Prince Alfred Park. Documentation 12       The development does not satisfy the requirements of Clause 24 – Exceptions to Development Standards as a formal request to vary the Building Separation development standards of the Parramatta City Centre DCP was not submitted with the application. 13       The development is contrary to the requirements of Clause 33B – Acid Sulfate soils of Parramatta City Centre LEP 2007 as the site is located within 150m of class 1 land, incorporates excavation to a depth of at least 5m AHD and neither an acid sulphate soils management plan or preliminary assessment of the proposed works were submitted with the development application. 14       The development is contrary to the requirements of part 5.1 - Energy Efficiency and Conservation and Part 5.2 Integrated Water Cycle Management of Parramatta City Centre DCP 2007 as the development does not incorporate rainwater harvesting and re-use features and information demonstrating energy efficiency equivalent to a 4 star ABGR or NABERS rating was not submitted with the application. Public Interest 15       That granting consent to this proposal would not be in the public interest and would create an undesirable precedent, particularly in relation to it being the demolition of a heritage item worthy of retention and the excessive height of the proposed hotel. The amendment was put and carried and on being put as the motion was again carried. DIVISION   The result being: AYES           Councillors P B Barber, J Chedid, G J Elmore, M Lack, S Lloyd, P Maitra, M McDermott and L E Wearne. NOES          The Lord Mayor, A Issa OAM and Councillors A Bide, P Esber, P J Garrard, C X Lim and A A Wilson. NOTE:   1.                   The Deputy Lord Mayor, Councillor L E Wearne                      assumed the Chair during consideration of this                      matter (but prior to voting) to enable the Lord Mayor,                  Councillor A Issa OAM to participate in debate on            this issue.                 2.                   A Notice of Motion to rescind this decision was                      tabled prior to the closure of the meeting.

City Development

10.1	SUBJECT          Classification of 40 Cowper Street, Granville to Operational REFERENCE    F2008/03904 - D01242683 REPORT OF      Property Development Advisor
	RECOMMENDATION That Lot 1 in Deposited Plan 998449, being 40 Cowper Street, Granville, be classified as Operational land pursuant to Sections 31 and 34 of the Local Government Act 1993. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

10.2	SUBJECT          Minutes of the Heritage Advisory Committee REFERENCE    F2005/01945 - D01252624 REPORT OF      Project Officer
	RECOMMENDATION (a)       That the minutes of the Heritage Advisory Committee meeting of 17 June 2009 be received and noted. (b)       Further, that Council note there is no request for additional expenditure in this report. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

10.3

SUBJECT          Controls for sex services and restricted premises REFERENCE    F2009/01146 - D01252696 REPORT OF      Project Officer

10849

RESOLVED       (McDermott/Wilson) (a)     That consideration of this matter be deferred for 4 weeks to enable            Council to obtain independent legal and town planning advice in           collaboration with the CEO. (b)     Further, that Parramatta City Council seek legislative changes           from the State Government to impose a regime of probity checks           together with fit and proper person requirements (consistent with           such requirements for licensed premises that sell alcohol) for sex           services and restricted premises.

Roads Paths Access and Flood Mitigation

11.1

SUBJECT          Bicycle Hire in the Parramatta City Centre REFERENCE    F2005/02301 - D01252821 REPORT OF      Project Officer

RECOMMENDATION (a)     That Council continue to improve cycle facilities in the city centre to a high standard to provide a safe environment for cyclists. Until this time a cycle hire scheme should not be implemented in the city centre. (b)     That Council consider committing $50,000 in future budget allocations for cycleway maintenance. (c)       Further, that Council consider including a Cycle Centre as part of the proposed Civic Place development. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

11.2	SUBJECT          Parramatta Cycleways Advisory Committee REFERENCE    F2004/07952 - D01252911 REPORT OF      Project Officer
	RECOMMENDATION That Council receive and note the minutes of the Parramatta Cycleway Advisory Committee of 26 May 2009. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

Culture and Leisure

12.1

SUBJECT          Appointment of Representatives to Riverside Theatres Advisory Board REFERENCE    F2007/00388 - D01248703 REPORT OF      Director Riverside Theatre

RECOMMENDATION (a)      That, in recognition of exceptional past contributions to the success and growth of Riverside, Mr Peter Stewart (Management, Financial, Legal & Marketing) be reappointed a member of the Riverside Theatres Advisory Board for a fourth, two year term commencing 1 August 2009; (b)      That Mr Jeremy Wright (Arts Experience, Management, Financial, Legal and Marketing) be reappointed a member of the Riverside Theatres Advisory Board for a  third, two year term, commencing 1 August 2009; (c)       That the following persons be reappointed members of the Riverside Theatres Advisory Board for a second, two year term, commencing 1 August 2009: i.      Mr Justin Ankus (Music & Arts Experience) ii      Mr John Cox                (Community) iii.     Mr David Low             (Management, Financial,     Legal & Marketing)             iv    Ms Julianne May         (Community)             v     Ms Jane Witter             (Community) (d)      That Mr Owen Eckford (Management, Financial, Legal & Marketing) be appointed a member of the Riverside Theatres Advisory Board for a first, two year term, commencing 1 August 2009; (e)       Further, that Father Arthur Bridge, who has completed his third and final term of appointment, be thanked for his contribution to the Theatres whilst a member of the Riverside Theatres Advisory Board. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

City Leadership and Management

13.1

SUBJECT          Investment Policy and Strategy REFERENCE    F2004/07423 - D01224944 REPORT OF      Manager - Finance

10850

MOTION              (Bide/Chedid) (a)       That Council receive and note the Manager Finance’s report on an interim basis. (b)       That the CEO obtain an independent report on the Investment Policy and Strategy within 28 days and return the matter to the chamber for re consideration. (c)        Further, that the issue of the investment policy and strategy be referred to a workshop within 90 days. AMENDMENT   (Elmore/Esber) (a)       That Council receive and note the Manager Finance’s report. (b)      Further, that the revised Investment Policy as attached to this report, be adopted. The amendment was put and lost. The motion was put and carried.

13.2	SUBJECT          Investments Report for May 2009 REFERENCE    F2009/00971 - D01235741 REPORT OF      Manager - Finance
	RECOMMENDATION That Council receive and note the investments report for May 2009. NOTE:      This matter was adopted under Minute No 10847 – Council Matters To Be Adopted Without Discussion.

13.3

SUBJECT          2009 Local Government Association (LGA) Conference - Tamworth, NSW - 24-28 October 2009 REFERENCE    F2009/00956 - D01236712 REPORT OF      Service Manager - Council Support

10851

RESOLVED       (Lim/Wilson) (a)       That in line with Council’s Civic Office & Expenses Policy for a Category A Conference, Councillors J Chedid, J D Finn, P J Garrard, P Maitra and L E Wearne attend the 2009 LGA Conference. (b)       That Council seek a refund for all surplus accommodation bookings made in relation to the 2009 Local Government Conference. (c)       That delegate registration, the balance of accommodation costs, travel and out-  of-pocket expenses, be paid from account number 10.1260.712.644405 ‘Councillor Conferences’ from the 2009/2010 budget which has a total budget of $60,000 per annum. (d)       Further, that nominated Councillors advise Lauren Dale, Conference Coordinator of Tourism Tamworth as to whether they will be flying to Tamworth, as soon as possible.

13.4

SUBJECT          10th International Cities Town Centres (ICTC) & Communities Society Conference 'Cities in Transition' held at Deakin University Waterfront Campus, Geelong, Victoria - 27-30 October 2009 REFERENCE    F2009/01468 - D01240233 REPORT OF      Service Manager - Council Support

10852

RESOLVED       (Lim/Esber) (a)       That the Lord Mayor Councillor A Issa OAM and Councillor G Elmore attend the 10^th International Cities Town Centres (ICTC) & Communities Society Conference ‘Cities in Transition’ at Deakin University Waterfront Campus, Geelong, Victoria from 27 – 30 October 2009. (b)       Further, that delegate registration, accommodation, travel and out-of-pocket expenses be paid from account number 10.1260.712.644405.00000.00000 ‘Councillor Conferences’ from the 2009/2010 budget which has a total budget of $60,000 per annum.

13.5

SUBJECT          12th International Riversymposium 21-24 September 2009 Brisbane Convention & Exhibition Centre REFERENCE    F2009/01467 - D01247478 REPORT OF      Service Manager - Council Support

10853

RESOLVED       (Lim/Esber) (a)       That Councillors J Chedid, G Elmore, J D Finn, S Lloyd, P Maitra and L E Wearne attend the 12^th International Riversymposium at Brisbane Convention & Exhibition Centre, Brisbane from 21 – 24 September 2009. (b)       Further, that delegate registration, accommodation, travel and out-of-pocket expenses be paid from account number 10.1260.712.644405.00000.00000 ‘Councillor Conferences’ from the 2009/10 budget which has a total budget of $60,000 per annum.

13.6

SUBJECT          Global Civic Friendship Memorandum of Understanding REFERENCE    F2005/01887 - D01252344 REPORT OF      Chief Executive Officer

10854

RESOLVED       (Bide/Lloyd) (a)       That Council approve the attached ‘Global City Friendship Memorandum of Understanding’ document. (b)       That Council approve a delegation from the City of Parramatta to visit China at no cost to Council. (c)        That Council establish a committee of relevant stakeholders i.e. consulate representatives, Chamber of Commerce, Councillors and the Lord Mayor to meet quarterly to discuss opportunities for developing future global friendships. (d)       That Council adopts a long term strategic approach to the development of all international relations. All global city friendship agreements should include a range of objectives including social, cultural and economic outcomes. (e)       That Council invites local businesses to global city activities and trips, with participating businesses meeting their own expenses. (f)   Further, that the Lord Mayor report to Council on his return from China and also provide Council with retrospective reports on his promotional visits to Vietnam and Lebanon.        NOTE:    The Deputy Lord Mayor, Councillor L E Wearne assumed the Chair during discussion on this matter (but prior to voting) to enable the Lord Mayor, Councillor A Issa OAM to participate in debate.

13.7	SUBJECT          Voluntary Pensioner Rebate Policy REFERENCE    F2009/00963 - D01250121 REPORT OF      Manager - Finance
10855	RESOLVED       (Lim/Chedid) (a)      That Council adopt the amended Voluntary Pensioner Rebate Policy as attached. (b)      That the policy be implemented from the date of Council approval. (c)       Further, that a report on this matter be provided to Council in 12 months.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.32 pm for a period of 13 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.45 pm, there being in attendance The Lord Mayor, Councillor A Issa, OAM, and Councillors P B Barber, A Bide, G Elmore, P Esber, P J Garrard, C X Lim, S Lloyd, M McDermott, L E Wearne and A A Wilson.

Note

Councillor P Esber did not return to the meeting following the adjournment.

Notices of Motion

14.1

SUBJECT          Smoke Free Areas REFERENCE    F2004/10350 - D01253172 REPORT OF      Councillor C X Lim

10856

RESOLVED       (Lim/Bide) (a)      That Council develop a Smoke-Free Outdoor Areas policy relating to a ban of smoking in and around Council's children's playgrounds and within 10 metres of sporting venues and its benefits. (b)      Further, that Council also consult the following organisations for input on the abovementioned proposed policy in terms of supporting legislation, local enforcement, signage, communication, education, cost to Council, and possible alternative options for smokers (if any):            1      Action on Smoking and Health            2      Heart Foundation            3      Australian Medical Association (NSW)            4      Local Government Association of NSW            5      The Cancer Council. NOTE:       Councillors J Chedid and M Lack returned to the meeting at 8.47 pm during consideration of this matter.

14.2

SUBJECT          Celebrating Christmas by Parramatta City Council Daycare Centres REFERENCE    F2004/09855 - D01254693 REPORT OF      Councillor M D McDermott

10857

MOTION              (McDermott/Chedid) (a)      That the CEO instruct all Parramatta City Council Day-Care Centres to acknowledge and celebrate the festival of Christmas every year during the Christmas season of December. (b)      That all Day-care centres that are run by Parramatta C ity Council are to take steps to ensure that Christmas is recognized and celebrated. This celebration will include:-            1                Santa decorations; 2                Nativity decorations & other traditional elements of          Christmas relevant to local communities. (c)       That all displays and decorations must comply with all relevant safety requirements. (d)      Further, that a competition is to be held to award certificates to those day-care centres that best embody the notion of traditional Australian Christmas Celebrations. AMENDMENT   (Lack/Barber) (a)      That Parramatta City Council Daycare staff genuinely consult with parents whose children are cared for in their centres to facilitate and encourage activities within the centres that recognise and celebrate Christmas. (b)      That all displays and decorations must comply with all relevant safety requirements. (c)       Further, that a competition is to be held to award certificates to those day-care centres that best embody the notion of traditional Australian Christmas Celebrations. The amendment was put and lost. The motion was put and carried.

SUSPENSION OF STANDING ORDERS

10858        RESOLVED       (Garrard/Wilson)

That Standing Orders be suspended to enable consideration of an urgent matter relating to the Council’s organisational structure.

The Lord Mayor ruled the matter was one of urgency,

1

SUBJECT          Council's Organisational Structure REFERENCE    F2007/02407 FROM                 Councillor P J Garrard

10859

RESOLVED       (Garrard/Wilson) (a)      That Council seek an urgent report from the CEO which addresses the Chambers’ responsibility of reviewing Council’s organisational structure within the Council’s first 12 months of office, as discussed at the management workshop held at Windsor. (b)      Further, that in this report, Council would like the CEO to consider the merger of the 2 positions (Strategic Crime and Corruption Officer and Crime Prevention Coordinator) and the Strategic Crime and Corruption Officer continue in that role to manage the transition at his current wage rate until the implementation of the changes.

RESUMPTION OF STANDING ORDERS

10860        RESOLVED       (Wearne/Lloyd)

That Standing Orders be resumed.

CLOSED SESSION
10861	RESOLVED       (Wilson/Lloyd) 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 11/2009 - Supply and Delivery of Exposed Aggregate Concrete Pavers. (D01236687) - 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: Governance Plan. (D01221875) - 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 14/2009 Part 1 - Construction of Extension to Existing Boat Ramp and Part 2 - Easy Access Ramp, Gangway & Pontoons, Wharf Road, Ermington.. (D01246228) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

4       Tender 26/2008 - Management and Operation of Caroline Chisholm and Timbergetters Reserves Tennis Facilities. (D01245075) - 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       Urgent Legal Matter – 80 Dunlop Street, Epping. This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

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

16.1	SUBJECT          Tender 11/2009 - Supply and Delivery of Exposed Aggregate Concrete Pavers REFERENCE    F2009/01204 - D01236687 REPORT OF      Service Manager Civil Infrastructure
10862	RESOLVED       (Elmore/Maitra) (a)       That the tender submitted by Pebblecrete In-situ Pty Ltd for the supply and delivery of exposed aggregate concrete pavers as per the schedule of rates (Schedule 2) be accepted. (b)       Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the contract documents.

16.2	SUBJECT          Civic Place: Governance Plan REFERENCE    F2004/06404 - D01221875 REPORT OF      Internal Project Manager - Civic Place
10863	RESOLVED       (Elmore/Maitra) That Council adopt the attached Governance Plan for the Civic Place development project.

16.3

SUBJECT          Tender 14/2009 Part 1 - Construction of Extension to Existing Boat Ramp and Part 2 - Easy Access Ramp, Gangway & Pontoons, Wharf Road, Ermington. REFERENCE    F2009/01450 - D01246228 REPORT OF      Supervisor - Project Management

10864

RESOLVED       (Wearne/Chedid) (a)       That the tender submitted by Landmark Marinas Pty Ltd for the construction of Part 1 - construction of an extension to the existing boat ramp and alternate submission for Part 2 – construction of a pedestrian/easy access ramp, gangway and two floating pontoons for the total sum of $399,180.00 (GST exclusive) 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.

16.4

SUBJECT          Tender 26/2008 - Management and Operation of Caroline Chisholm and Timbergetters Reserves Tennis Facilities REFERENCE    F2004/06442 - D01245075 REPORT OF      Service Manager Recreation Facilities

10865

RESOLVED       (Barber/Elmore) (a)      That Council rescind its resolution of 27 April 2009 regarding the tender for the management and operation of Caroline Chisholm and Timbergetters Reserve Tennis Facilities; (b)      That Council award the tender to Tiny Tots Tennis and Mega Tennis for the management and operation of Caroline Chisholm and Timbergetters Reserve Tennis Facilities for a Service Management Agreement for a term of 3 years, with 6 months notice being given for termination of the tender should Council be unsatisfied with the performance of the successful tenderer; (c)       That all tenderers be advised of Council’s decision and (d) 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.

16.5	SUBJECT          Urgent Legal Matter - 80 Dunlop Street, Epping REFERENCE    F2009/01725 FROM                 Legal Services Support Officer
10866	RESOLVED       (Wearne/Wilson) (a)      That Council attend the compulsory section 34 conference on the basis that staff have no delegation or authority to make decisions or accept amendments to the plans. (b)      Further, that Council appoint its own independent planning consultant in relation to this matter.

QUESTION TIME

1	SUBJECT          McCoy Park - Fencing of Dog Leash Free Area REFERENCE    F2004/07565 FROM                 Councillor Paul Barber
10867	Councillor Barber sought advice, having received complaints from local residents, as to whether the dog leash free area at McCoy Park could be fenced as recent users of the facility had been harassed by illegal trail bike riders and passers-by with uncontrolled pets.

2	SUBJECT          Site Meetings REFERENCE    F2004/06181 FROM                 Councillor Mark Lack
10868	Councillor Lack advised that recent versions of the Councillors Information Booklet did not seem to contain advice on the time, date and location of site meetings and requested that this information be included in future versions.

3	SUBJECT          Windows in High Rise Buildings REFERENCE    F2008/04592 FROM                 Councillor Glenn Elmore
10869	Councillor Elmore referred to recent reports of children falling from high rise buildings. He sought advice on options available under the BCA in relation to the design of windows to prevent this occurrence, perhaps with windows only opening a short distance or through the inclusion of grids.

4	SUBJECT          13 - 15 Kleins Road and 30 - 36 Briens Road, Northmead REFERENCE    DA/212/2008 FROM                 Councillor P Maitra
10870	Councillor Maitra sought advice as to whether correspondence had been received from Aldi in relation to the Kleins and Briens Road Development in Northmead, as residents were curious to know whether the development was to proceed.

5	SUBJECT          Inappropriate Signage - Macquarie Street, Parramatta REFERENCE    F2008/04592 FROM                 Councillor Michael McDermott
10871	Councillor McDermott referred to signage in Macquarie Street, Parramatta advertising a printer which included an image of a pole dancer. He sought advice as to whether Council had any standards which prevented the display of such images and whether such signage would require the submission of a development application.

6	SUBJECT          Bus Stop in Church Street, Parramatta REFERENCE    F2009/01781 FROM                 Councillor Andrew Bide
10872	Councillor Bide sought advice on the progress with regard to moving the bus stop located in Church Street, Parramatta, near Lennox Bridge, forward to allow better access.

7	SUBJECT          No Camping Signage REFERENCE    F2004/07774 FROM                 Councillor Andrew Wilson
10873	Councillor Wilson requested that Council Officers ensure that ‘No Camping’ signage was displayed in all Council parks.

8	SUBJECT          Erection of Roof over Footpath REFERENCE    F2008/04592 FROM                 Councillor Andrew Wilson
10874	Councillor Wilson referred to premises at the corner of Palmer and Church Streets, Parramatta where a roof had been constructed over the footpath. He added that the footpath had been treated and it appeared that the area may be turned into a room. Councillor Wilson asked whether permission had been granted by Council for this action.

9

SUBJECT          McCoy Park (2) REFERENCE    F2004/07565 FROM                 Councillor Scott Lloyd

10875

Councillor Lloyd referred to Councillor Barber’s earlier question and advised that he, too, had received complaints relating to hoons riding trail bikes in McCoy Park. Councillor Lloyd advised that he had raised this matter with the Police; however, no response had been received. Councillor Lloyd asked that the Lord Mayor raise this matter, together with the issue of responding to constituents’ complaints, with the Police. The Lord Mayor responded that he would forward an appropriate letter to the Police.

10	SUBJECT          Use of Area as a Camping Ground REFERENCE    F2004/07774 FROM                 Councillor John Chedid
10876	Councillor Chedid advised that the riverside area near the Brandsmart exit was being utilised as a camping ground where the consumption of alcohol and drugs appeared to be taking place. Councillor Chedid questioned what authority Council Rangers had in relation to this issue and requested that the Police and Rangers, if appropriate, take the necessary action to prevent this occurrence.

11

SUBJECT          Parking in Vicinity of Riverside Theatres REFERENCE    F2007/01109 FROM                 Councillor John Chedid

10877

Councillor Chedid referred to the lack of parking in the vicinity of Riverside Theatres and questioned whether the 20 spaces in Market Street, designated for coach parking, could be utilised for parking by the public after 6pm or 7pm. Councillor Chedid further requested that other options for increased parking in this area be examined including the possibility of using the parking spaces available at the Heritage Trust Office.

12	SUBJECT          Right Turn Arrow - Intersection of Stewart and King Street, Dundas REFERENCE    F2004/07161 FROM                 Councillor Lorraine Wearne
10878	Councillor Wearne requested that the Parramatta Traffic Committee give consideration to the provision of a right hand turn arrow at the traffic lights at the intersection of Stewart and King Streets, Dundas (opposite Lottie Stewart) for vehicles travelling in a westerly direction.

13

SUBJECT          Dumping of Rubbish in Harris Park and Other Areas REFERENCE    F2004/07160 FROM                 The Lord Mayor, Councillor Tony Issa OAM

10879

The Lord Mayor, Councillor A Issa OAM advised that he had received many complaints in relation to the dumping of rubbish and furniture on the streets of Harris Park. He requested that the relevant Council Officers give consideration to the formation of a policy to prevent this occurrence including approaches to the relevant landlords or real estate agents. Councillor Chedid indicated that Council’s rangers were currently carrying out promotional works on the issue of illegal dumping and added that the time had come for fines to be issued to the strata management. Councillor Maitra agreed and added that dumping was also occurring around the Parramatta River. Councillor Lack reminded the Chamber that it had recently passed a resolution to make representations to the State Government in relation to the taking of action on similar issues against the relevant body corporate.

RESCISSION MOTION

The Lord Mayor advised that a Notice of Motion to rescind the decision carried in respect of Item 9.1 of Regulatory regarding the Section 82A Review – 356 Church Street, Parramatta was submitted by Councillors P J Garrard, C X Lim and A Bide prior to the closure of the meeting.

MATTER OF URGENCY

Councillor Barber requested that the rescission motion be considered as a matter of urgency.

The Lord Mayor advised that the matter was not of an urgent nature and would be considered at the next Council Meeting.

The meeting terminated at 9.41 pm.

THIS PAGE AND THE PRECEDING 23 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 27 JULY 2009 AND CONFIRMED ON MONDAY, 10 AUGUST 2009.

Lord Mayor