Minutes of Ordinary Council

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 24 August 2009 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber (retired 8:39pm), A Bide, J Chedid (retired 8:45pm), G J Elmore, J D Finn, P J Garrard (retired 8:45pm), M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne (Deputy Lord Mayor) and A A Wilson (retired 8:45pm).

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.

PASSING OF COUNCILLOR PAUL GARRARD’S MOTHER

The Chamber observed one minute’s silence to mark the Passing of Councillor Garrard’s Mother.

PASSING OF DR ROBERT LANG’S FATHER

The Chamber observed one minute’s silence to mark the Passing of Dr Lang’s Father.

MINUTES

SUBJECT Minutes of the Regulatory Council Meeting held on 10 August 2009

10904

RESOLVED (Barber/Elmore)

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

APOLOGIES

10905 RESOLVED (Lim/Bide)

That an apology be received and accepted for the absence of Councillor P Esber.

DECLARATIONS OF INTEREST

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

MINUTES OF THE LORD MAYOR

SUBJECT Marion Street , Harris Park Neighbourhood Centre Revitalisation Project - Public Domain Awards 2009

REFERENCE F2004/07125

FROM The Lord Mayor, Councillor Tony Issa OAM

10906

ReSOLVED (Issa/Maitra)

(a) That Council congratulate and acknowledge staff efforts, in particular, the Capital Projects Team, in attaining a Commendation Award for the Marion Street, Harris Park revitalisation project.

(b) Further, that Council congratulate and thank staff, in particular, the Capital Projects Team, for their hard and creative work in successfully delivering this unique, now nationally recognised project.

SUBJECT Promoting Solar Energy in the Parramatta Local Government Area

REFERENCE F2008/00547

FROM The Lord Mayor, Councillor Tony Issa OAM

10907

RESOLVED (Issa/Lim)

That Council prepare a report on strategies that Council may employ to create incentives to promote greater solar energy use in the Parramatta Local Government Area.

SUBJECT Funding Epping Town Centre – Joint Planning Study

REFERENCE F2008/00404

FROM The Lord Mayor, Councillor Tony Issa OAM

10908

RESOLVED (Issa/Wilson)

(a) That Council defer a decision of the offer of Planning Reform Funding pending further discussions with Hornsby Shire Council and the Department of Planning with regard to the ability to vary the project scope and the timing of the joint Epping planning study.

(b) Further, that as part of the proposed discussions, an actual meeting be held between both Councils and the Department and all councillors be invited to attend such meeting.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

MOTION (Barber/Lack)

That Item 9.1 of City Development, Items 12.1 12.2 and 12.3 of Community Care and Items 13.1 and 13.5 of City Leadership & Management be adopted without discussion in accordance with the staff recommendations.

AMENDMENT (McDermott/Lim)

That all matters as listed on the agenda for 24 August 2009 be discussed.

10909 The amendment was put and carried and on being put as the motion was again carried.

Regulatory Reports

8.1

SUBJECT 7/3 Sutherland Street, Clyde (Lot 7 SP 64748) (Elizabeth Macarthur Ward)

DESCRIPTION Approval is sought for the internal fitout and use of the existing premises as a commercial brothel.

REFERENCE DA/910/2008 - lodged 27 November 2008

APPLICANT/S IV Trading Pty Ltd

OWNERS Tova Pty Ltd

REPORT OF Manager Development Services. Also Service Manager Development Assessment Memorandum dated 24 August 2009.

REASON FOR REFERRAL TO COUNCIL

The development application relates to a brothel.

10910

RESOLVED (Garrard/Bide)

(a) That Development Application No. 910/2008 for the fit out and use of the premises for the purposes of a brothel be refused, for the reasons in Attachment 1 of this report.

(b) Further, that the objector’s be advised of Council’s decision.

DIVISION The result being:

AYES The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

NOES None.

8.2

SUBJECT 20 Nobbs Street, South Granville (Lots 32 and 33 DP 1305)
(Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal and construction of a 28 place child care centre

REFERENCE DA/491/2008 - 10 July 2008

APPLICANT/S Azhoul Pty Ltd

OWNERS Mr and Mrs Trad

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The exhibition of the development application has attracted 9 written submissions and a petition signed by 33 persons objecting to the proposal.

10911

MOTION (Chedid/Wilson)

(a) That development application (DA/491/2008) which seeks consent for demolition, tree removal and construction of a 28 place child care centre be approved, subject to the conditions of consent contained in Attachment 1 of this report.

(b) Further, that objectors and head petitioner be advised of Council’s decision.

AMENDMENT (Garrard/Elmore)

That the application be refused for the following reasons:-

1 The proposal is contrary to the provisions of the proposed draft LEP.

2 The hours of operation adversely impacts upon the already peak traffic period.

3 There are already sufficient child care facilities in the area.

4 The proposal does not conform with the existing streetscape.

The amendment was put and lost.

The motion was out and carried.

DIVISION The result being:

AYES The Lord Mayor, Councillor A Issa, OAM and Councillors P B Barber, A Bide, J Chedid, J D Finn, M Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and L E Wearne.

NOES Councillors G Elmore, P J Garrard & A A Wilson.

NOTE: The Deputy Lord Mayor, Councillor L E Wearne assumed the Chair during debate on this matter (but prior to voting) to enable the Lord Mayor to participate in debate.

City Development

9.1

SUBJECT Placement of Charity Clothing Bins on Council Owned Land within the Parramatta Local Government Area

REFERENCE F2005/02439 - D01207621

REPORT OF Property Asset Management Officer

10912

RESOLVED (McDermott/Chedid)

(a) That Council adopt the Charity Clothing Bin policy as appears at Attachment 1 for a trial period of twelve (12) months subject to all graffiti being required to be removed within 48 hours for non offensive graffiti and 24 hours for offensive graffiti.

(b) That upon adoption of the new policy the Strategic Asset Management Unit be responsible for the management of the agreements.

(c) That Council call for Expression of Interest from charitable organisations interested in establishing clothing bins on Council property.

(d) Further, that following the trial period in (a) above, a further report be prepared for Council on the outcome.

9.2

SUBJECT Changes to Council Owned Land in the Draft LEP 2008

REFERENCE F2008/02904 - D01219162

REPORT OF Property Development Advisor

10913

RESOLVED (Wilson/McDermott)

(a) That the recommended zonings of the Strategic Asset Management Unit as incorporated within the Attachment “A” under the “Zone” column be adopted to be incorporated into the comprehensive Parramatta Draft LEP. Also that the corresponding height and FSR controls recommended under “FSR” and “Height” columns be adopted to be incorporated into the comprehensive Parramatta Draft LEP.

(b) That the properties identified as Operational in Attachment “A” under the “Classification Required” column, need to be reclassified from “Community” to “Operational” land as part of the comprehensive Parramatta Draft LEP. Those properties identified as “No Change” within that column do not require reclassification.

(c) That the properties in private ownership being, 286 Railway Terrace, Guildford, 292 Railway Terrace, Guildford, 300 Railway Terrace Guildford, 25 Talbot Road Guildford, more formally known as Lot B2 in Deposited Plan 419798, Lot 16 in Deposited Plan 404160, Lot 1 in Deposited Plan 511032 and Lot A in Deposited Plan 349926, be zoned B4, Mixed Use with Floor Space Ratio of 2:1 and maximum height of 20m within Parramatta Draft LEP.

(d) That the Department of Planning be advised of these amendments to the draft LEP as part of Council’s section 64 submission.

(e) That a consultant be employed to conduct the carriage of the consultations and mandatory Public Hearing(s) required for the proposed reclassifications of those properties currently classified as community land.

(f) Further, that the land at 12 Brodie Street be rezoned as B4 and the issue of the actual site being sold be referred to staff for a detailed and comprehensive report.

9.3

SUBJECT Classification of 38 Marion Street, Parramatta to Operational

REFERENCE F2006/00887 - D01254391

REPORT OF Property Development Advisor

10914

RESOLVED (Finn/Elmore)

That consideration of this matter be deferred for one month.

9.4

SUBJECT Lifting of the Local Heritage Listing on two Recently Acquired Properties

REFERENCE F2006/00887 - D01264883

REPORT OF Property Development Advisor

10915

RESOLVED (Finn/Chedid)

That consideration of this matter be deferred for one month for the Heritage Advisory Committee to undertake inspections of the properties and give their opinions either as a committee or individually.

9.5

SUBJECT Review of Policy on Outdoor Dining

REFERENCE F2005/01531 - D01267507

REPORT OF Property Program Manager

10916

MOTION (Garrard/Lim)

(a) That Council adopt Attachment 3 as its policy on Outdoor Dining subject to the following changes:-

1 Item 2.12 be altered to read that windbreaks are permitted of clear plastic for the lower 70 per cent of window.

2 Item 2.14 (dot point 2) to read to place advertising signage on windbreaks to be permitted in the upper 30 per cent of the windbreak.

(b) Further, that a report be provided to Council which examines improvements to the streetscape, utilisation of advertising, improvements to the safety aspect for diners including the introduction of bollards and the terms of Council’s lease.

AMENDMENT (Wilson/McDermott)

(a) That Council adopt Attachment 3 as its policy on Outdoor Dining subject to awnings remaining prohibited and the following changes:-

1 Item 2.12 be altered to read that windbreaks are permitted of clear plastic for the lower 70 per cent of window.

2 Item 2.14 (dot point 2) to read to place advertising signage on windbreaks to be permitted in the upper 30 per cent of the windbreak.

The amendment was put and lost on the Lord Mayor’s casting vote.

The motion was put and carried.

NOTE: A Notice of Motion to rescind this decision was submitted prior to the conclusion of the meeting, and subsequently considered as a Matter of Urgency - Minute Nos 10942 and 10943 refer.

9.6

SUBJECT Rezoning and/or reclassification of 657-661 Victoria Road and 4 and 6 Wharf Road, Melrose Park (Bartlett Park)

REFERENCE F2008/02285 - D01274598

REPORT OF Property Development Advisor

10917

RESOLVED (Wearne/Barber)

(a) That action be taken to include Bartlett Park (known as 657 -661 Victoria Road, Melrose Park and 4 and 6 Wharf Road, Melrose Park): entire site, including the area occupied by the Putt Putt Course, 4 and 6 Wharf Road and properly identified as lots 1 and 2 in DP 128912, lots 1 and 2 in DP221045, Lots 2 and 3 in DP588575, lot 2 in DP619396, lot 7 in DP 111186, lot 11 in DP128907 in the Parramatta Draft LEP with an appropriate zoning, B4, the Mixed Use Zone with a note under Schedule 1 which identifies the additional use of bulky goods, and, with a FSR of 2: 1 and Height of 28m.

(b) That Council include the draft classification of the land being lots 1 and 2 in DP 128912, lot 2 in DP619396, lot 7 in DP111186, lot 11 in DP128907, lots 2 and 3 in DP 588575 as operational under Schedule 4, Part 2, of the comprehensive Parramatta Draft LEP.

NOTE: Councillor J D Finn left the meeting at 7.59 pm during consideration of this matter.

Roads Paths Access and Flood Mitigation

10.1

SUBJECT Traffic Engineering Advisory Group meeting minutes held on 6 August 2009

REFERENCE F2008/05098 - D01275288

REPORT OF Manager Traffic and Transport

10918

RESOLVED (Chedid/Lloyd)

That the minutes of the Traffic Engineering Advisory Group meeting held on 6 August 2009 be adopted, subject to Oaks Street, Parramatta being added to the Road Safety and Amenity List in item 0908B1.

10.2

SUBJECT Parramatta Traffic Committee meeting minutes held on 6 August 2009

REFERENCE F2008/05091 - D01275674

REPORT OF Manager Traffic and Transport

10919

RESOLVED (Barber/Finn)

(a) That the minutes of the Parramatta Traffic Committee meeting held on 6 August 2009 be adopted, with the exception of item 0908 A1

(b) Further, that item 0908A1 be deferred to enable councillors to consult with residents.

NOTE: Councillor J D Finn returned to the meeting at 8.02 pm during consideration of this matter.

Culture and Leisure

11.1

SUBJECT Facilities in Dog Off-Leash Areas

REFERENCE F2005/00856 - D01217202

REPORT OF Supervisor Open Space

10920

RESOLVED (Lloyd/Chedid)

(a) That seating and water taps be installed in the dog off-leash areas at Barnett Park, Winston Hills; Cowells Lane Reserve, Ermington and Burlington Memorial Park, Northmead. These works are to be funded from the 2009/10 Parks Improvement Project (13535).

(b) Further, that dog agility equipment not be installed in dog off-leash areas for the reasons outlined in this report.

Community Care

12.1

SUBJECT Aboriginal And Torres Strait Islander Advisory Committee meeting 26th May 2009

REFERENCE F2005/01941 - D01270230

REPORT OF Community Capacity Building Officer

10921

RESOLVED (Barber/Maitra)

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 26^th May 2009 be received and noted.

(b) That a gold coin donation be required for coffee at the 2009 Burramatta Family Fun Day.

(c) That Council support the provision of Aboriginal cross cultural awareness training for Councillors, staff and Committee members and if supported, Council call for tenders for this training.

(d) Further, that Council note there is no request for additional expenditure in this report.

12.2

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 23rd June 2009

REFERENCE F2005/01941 - D01270337

REPORT OF Community Capacity Building Officer

10922

RESOLVED (Barber/Maitra)

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of the 23^rd June 2009 be received and noted.

(b) That Council note the Committee’s thanks for the plaque Council placed at Lake Parramatta Sorry Day Garden’s in May 2009 recognising Committee member Phil Russo.

12.3

SUBJECT Access Advisory Committee Minutes 16 June 2009

REFERENCE F2005/01944 - D01271921

REPORT OF Community Capacity Building Officer

10923

RESOLVED (Bide/Lim)

(a) That the minutes of the Access Advisory Committee meeting on 16 June 2009 (Attachment 1) are received and noted.

(b) Further, that Council note there is no request for additional expenditure in this report.

City Leadership and Management

13.1

SUBJECT Investments Report for June 2009

REFERENCE F2009/00971 - D01267701

REPORT OF Manager - Finance

10924

RESOLVED (Chedid/Lim)

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

13.2

SUBJECT Review of Council's Adopted Code of Conduct

REFERENCE F2009/00447 - D01269267

REPORT OF Manager Service Audit and Review

Also Confidential Memorandum dated 21 August 2009 from Manager, Service Audit and Review

10925

RESOLVED (Chedid/Wilson)

That consideration of this matter be deferred and a workshop be held.

13.3

SUBJECT Review of Council's Policy for Interaction Between Councillors and Staff

REFERENCE F2009/00448 - D01269280

REPORT OF Manager Service Audit and Review

10926

RESOLVED (Chedid/Wilson)

That consideration of this matter be deferred and a workshop be held.

13.4

SUBJECT Review of Council's Whistleblowers Protection Policy

REFERENCE F2009/00449 - D01269290

REPORT OF Manager Service Audit and Review

10927

RESOLVED (Bide/Lim)

That Council adopt the revised Whistleblowers Protection Policy shown at Attachment 1.

13.5

SUBJECT Independent Professional Advice on Investment Policy

REFERENCE F2004/07423 - D01275290

REPORT OF Manager - Finance

10928

RESOLVED (Chedid/Barber)

That Council receive and note this report.

13.6

SUBJECT Quarterly Management Plan and Budget Review - June 2009

REFERENCE F2009/01561 - D01275324

REPORT OF Manager - Finance

10929

RESOLVED (Garrard/Chedid)

(a) That Council adopt the Chief Executive Officer’s June 2009 Quarterly Review of the 2008/09 Management Plan and Budget (Attachment 1).

(b) That Council approve the revote of funds totalling $2,849,681 into the 2009/10 Budget for the Projects as detailed in Attachment 1.

(c) Further, that Council adopt the Responsible Accounting Officer’s report on the financial position of the Council as detailed in Attachment 1.

13.7

SUBJECT Council Structure

REFERENCE F2005/02722 - D01275125

REPORT OF Chief Executive Officer

10930

RESOLVED (Bide/McDermott)

(a) That Council give notice to the CEO that a major shift in organisational structure and responsibilities is desired, so as to address the inefficiencies recently highlighted with the Council Depots poor performance.

(b) That the CEO establish an immediate dialogue by way of workshops with the Council Chamber as to a desired future structure in order to address Council’s concerns, and that the Council, as an interim position continue with the existing structure until such time as this matter has been determined.

“That each Council must review its delegations during the first 12 months of each term of office.”

(d) Further, that in relation to Section 339 of the Local Government Act:-

“The General Manager must as least once annually report to the Council on the contractual conditions of Senior Staff.”, that the CEO report to Council as required under the Act, as a matter of urgency.

13.8

SUBJECT Fees and Charges 2009/10 - Events Stallholder Charges

REFERENCE F2008/03720 - D01276531

REPORT OF Manager - Finance

10931

MOTION (Lim/Bide)

That Council gives public notice for 28 days of the proposed fees for stall holders at Council events as detailed in this report.

AMENDMENT (Finn/Maitra)

(a) That Council consult for 28 days of the proposed fees for stall holders at Council events as detailed in this report.

(b) Further, that Council write to all stall holders over the past 12 months and seek their comments.

The amendment was put and lost.

The motion was put and carried.

Notices of Motion

14.1

SUBJECT Hiring of Council’s Halls - Senior Citizens

REFERENCE F2008/03720 - D01277355

FROM Councillor J Chedid

10932

RESOLVED (Chedid/Lloyd)

That Parramatta City Council develop a policy for our Senior Citizens on pensions or part pensions for a standardised system for a fee subsidy for hiring of Council’s halls, such policy to span over five (5) years and reviewed every 2 years and to be a benchmark for other Councils. This would be a way of showing gratitude to them as a society and to the country itself.

CLOSED SESSION

10933

RESOLVED (Barber/Lack)

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 Expressions of Interest for new All-Weather Multi-Use Court Complex at Barton Park - Tender Number 5/2009. (D01275713) - 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 Proposed Grant of Easement for Underground Cables and Sub-station to Integral Energy Over Diamond Avenue and Lot 1 DP430693 off Diamond Avenue Granville. (D01264370) - 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 Lake Parramatta Reserve Kiosk and Future Development Options. (D01268120) - 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 17/2009 South Street, Granville Town Centre Upgrade (Stage 3) - Civil, Drainage, Paving, Landscape and Streetscape Works.. (D01270042) - 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 Proposed Voluntary Planning Agreement 114 - 124 Church St Parramatta. (D01271996) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

6 Class 1 Land and Environment Court Appeal proceedings against Council's deemed refusal of development application 910/2008 for the use of the premises located at Unit 7/3 Sutherland Street, Clyde for the purposes of a 24 hour Brothel. (D01272559) - This report is confidential in accordance with section 10A (2) (e) (g) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law; AND 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.

7 Councils Online Status . (D01274899) - 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.

8 Class 1 Land and Environment Court Appeal against the imposition of conditions 9, 10, 11, 12, 13 and 37 of development consent DA/696/2008 issued by Council on 12 June 2009 for the use of 21 Daking Street Parramatta as a metal recycling facility. This report is confidential in accordance with section 10A (2) (e) (g) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law; AND 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:-

Closed Session

16.1

SUBJECT Expressions of Interest for new All-Weather Multi-Use Court Complex at Barton Park - Tender Number 5/2009

REFERENCE F2009/00888 - D01275713

REPORT OF Property Program Manager

10934

RESOLVED (Barber/Lack)

(a) That Council, pursuant to Clause 168 (4) (a) of the Local Government (General) Regulation 2005, invite the parties nominated in paragraph 2 of this report to tender for the construction, establishment and management of an all weather soccer and multi-use court sporting complex at Barton Park, Barton Street, North Parramatta.

(b) That all submitters be advised of Council’s decision in the matter.

(c) Further, that a report be submitted following closure of the tender period and consideration of the tenders received.

16.2

SUBJECT Proposed Grant of Easement for Underground Cables and Sub-station to Integral Energy Over Diamond Avenue and Lot 1 DP430693 off Diamond Avenue Granville

REFERENCE F2004/08892 - D01264370

REPORT OF Property Program Manager

10935

RESOLVED (Barber/Lack)

(a) That Council agree to grant easements in favour of Integral Energy for underground cables and sub-station over Diamond Avenue Granville and Lot 1 DP430693 on the following basis:-

1 The cable easement, 1 wide, to be routed as shown on plan at Attachment 1.

2 The sub-station easement to be as shown on plan at Attachment 1.

3 The easements being limited in time to the life of the Granville Swimming Pool/Youth Centre complex noting that should the site be re-developed Integral will release the easements at no cost to Council.

4 Nominal compensation to be $1 on the basis that that the proposed upgrade is to service Council’s site only.

5 Should a low voltage supply be required to service another property from the sub-station Integral will seek Council’s approval for further easements.

6 Council’s reasonable legal costs in the matter to be met by Integral.

(b) Further, that all documents including the transfer granting easement/s and other supporting documentation, as relevant, be executed under the seal of Council.

16.3

SUBJECT Lake Parramatta Reserve Kiosk and Future Development Options

REFERENCE F2005/02244 - D01268120

REPORT OF Property Program Manager

Also Memorandum dated 20 August 2009 from Manager, Strategic Asset Management

10936

RESOLVED (Barber/Lack)

(a) That action be taken to review the Plan of Management for the Lake Parramatta Reserve subject to consultation with the Department of Lands so as to consider the following facilities:

1 New restaurant/café/kiosk with restaurant to be capable of seating 80 -100 patrons and to include a facility to enable groups of up to 300 people to assemble for events. New buildings are to be located on or near the current kiosk area.

(b) That Council’s previous offer for renewal of the kiosk licence be withdrawn and Council approve a licence agreement to be offered to Mr S Vella and Ms S Amos for both the kiosk and the cottage at Lake Parramatta for a period of 3 years on the basis outlined at paragraph 7 item 2. The licence is to include a 6 month demolition clause (no further compensation payable), not to be enacted for 18 months, with the licensee to execute a S16 Certificate under the Retail Leases Act 1994.

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

(d) That should the current licensee not execute the Agreement within 30 days after issue of the documentation action be taken to issue a notice to quit both the kiosk and the cottage to have effect after one month and fresh tenders be called for the operation of the kiosk.

(e) That following the funding for and suitable retention of a consultant a further report be prepared for Council on the progress of the revised Plan of Management.

(f) Further, that Department of Lands be advised of Council’s decision.

16.4

SUBJECT Tender 17/2009 South Street, Granville Town Centre Upgrade (Stage 3) - Civil, Drainage, Paving, Landscape and Streetscape Works.

REFERENCE F2009/01631 - D01270042

REPORT OF Supervisor - Project Management

10937

RESOLVED (Chedid/Lack)

(a) That the tender submitted by Statewide Civil Pty Ltd for the construction of civil, drainage, paving, landscape and streetscape works at South Street, Granville Town Centre, Stages 3A, 3B & 3C for the sum of $1,322,135.50 (excluding GST) be accepted.

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

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

16.5

SUBJECT Proposed Voluntary Planning Agreement 114 - 124 Church St Parramatta

REFERENCE DA/565/2004/B - D01271996

REPORT OF Senior Project Officer

10938

RESOLVED (Barber/Elmore)

(a) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a proposed mixed use development at 114 – 124 Church St Parramatta.

(b) That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back with a recommendation for approval or otherwise of the VPA.

(d) Further, that the assessment by Council staff of the proposed development and the proposed VPA negotiation be kept as separate and independent processes.

16.6

SUBJECT Class 1 Land and Environment Court Appeal proceedings against Council's deemed refusal of development application 910/2008 for the use of the premises located at Unit 7/3 Sutherland Street, Clyde for the purposes of a 24 hour Brothel

REFERENCE F2009/01916 - D01272559

REPORT OF Legal Support Officer

10939

RESOLVED (Wilson/Lim)

(a) That the appropriate assessing officer of the Development Services Unit be appointed as the expert Planner on behalf of Council.

(b) That the appropriate officer from Traffic and Transport Services be appointed as the expert Traffic officer on behalf of Council.

(c) That Council’s Strategic Crime & Corruption Officer be appointed as the expert in relation to issues including increased risk of crime, cumulative impact and public interest.

(d) Further, that Council’s solicitors seek the proceedings to be listed for hearing when the matter is listed for callover on 26 August 2009.

16.7

SUBJECT Councils Online Status

REFERENCE F2004/09488 - D01274899

REPORT OF Group Manager - Corporate

10940

RESOLVED (Wilson/Chedid)

(a) That Councillors approve Council’s exit from the Councils Online (COL) contract and replace all core systems with a single vendor solution as soon as practical.

(b) That Council endorse a request for an Expression of Interest process to enable Council to commence this process without delay

(c) That subject to Legal advice on the potential implications of various exit strategies, the CEO be delegated to undertake the appropriate actions to enable Council to exit the COL Contract.

(d) Further, that an observation group of Councillors be appointed to monitor progress, such Committee to consist of Councillors C X Lim, M D McDermott and P K Maitra.

SUBJECT Class 1 Land and Environment Court Appeal against the imposition of conditions 9, 10, 11, 12, 13 and 37 of development consent DA/696/2008 issued by Council on 12 June 2009 for the use of 21 Daking Street Parramatta as a metal recycling facility

REFERENCE F2009/01946 - D01275284

REPORT OF Legal Support Officer

Also Memorandum dated 20 August 2009 from Legal Support Officer

10941

RESOLVED (Lack/Lim)

(a) That Councils solicitors be instructed to apply to the Court to appoint a parties’ single traffic expert in respect of conditions 9, 10, 12, and 37;

(b) That Council’s solicitors be instructed to apply to the Court to appoint a parties’ single traffic expert in respect of conditions 11 and 12;

(c) That Council’s solicitors be instructed to apply to the Court to appoint a parties’ single traffic expert in respect of condition 37; and

(d) Further, that Councils solicitor be instructed to apply to the Court to have the matter be set down for a hearing rather than a section 34 conference.

MATTER OF URGENCY - RESCISSION MOTION

10942 RESOLVED (Chedid/Wilson)

That the Notice of Motion submitted to rescind Item 5 of City Development regarding the Review of Policy on Outdoor Dining be considered as a Matter of Urgency.

The Lord Mayor ruled that the matter was of an urgent nature on advice received from Stephen Montgomery – Manager Strategic Assets Manager.

RESCISSION MOTION

SUBJECT Review of Policy on Outdoor Dining

REFERENCE F2005/01531 - D01267507

FROM Councillor A A Wilson

10943

10944

RESOLVED (Wilson/McDermott)

That the decision carried in respect of the Outdoor Dining Policy as follows:-

“(a) That Council adopt Attachment 3 as its policy on Outdoor Dining subject to the following changes:-

1 Item 2.12 be altered to read that windbreaks are permitted of clear plastic for the lower 70 per cent of window.

2 Item 2.14 (dot point 2) to read to place advertising signage on windbreaks to be permitted in the upper 30 per cent of the windbreak.

(b) Further, that a report be provided to Council on which examines improvements to the streetscape, utilisation of advertising, improvements to the safety aspect for diners including the introduction of bollards and the terms of Council’s lease.”

be and is hereby rescinded.

RESOLVED (Bide/Maitra)

That consideration of this matter be deferred for one month for the purposes of holding a workshop.

NOTE: The Deputy Lord Mayor, Councillor L E Wearne assumed the Chair during debate on this matter (but prior to voting) to enable the Lord Mayor to participate in debate.

QUESTION TIME

SUBJECT New Bus stop – Argyle Street, Parramatta

REFERENCE F2008/02663

FROM Councillor M A Lack

10945

Councillor Lack requested that the Parramatta Traffic Committee consider the placement of a new bus stop near the relocated RTA on Argyle Street, Parramatta.

SUBJECT Disposing of Library Books

REFERENCE F2005/02133

FROM Councillor G J Elmore

10946

Councillor Elmore asked how Library staff decide to dispose or take old classics out of circulation and questioned if it was due to lack of borrowing. He noted that old classics can potentially be very valuable and apparently can be sold.

SUBJECT DA Form Letters

REFERENCE F2008/04592

FROM Councillor J D Finn

10947

Councillor Finn stated that an objector to a Development Application had received a form letter after the Development Application had been approved advising that objectors had no right of appeal but, had the Council voted against the development, the developer had right of appeal.

Councillor Finn requested that Councillors be provided with a copy of the form letter together with verification on the correctness of its contents.

NOTE: Councillor P Barber retired from the meeting at 8.39 pm.

SUBJECT Heritage Centre Hot Water System

REFERENCE F2004/07149

FROM Councillor C X Lim

10948

Councillor Lim stated that issues regarding the hot water system at the Heritage Centre and 3 Sorrell Street had been discussed and that a resolution to the problem was apparently close.

Ward Councillors had now received emails from strata management relating to this issue and requested that Councillors be advised of the current situation.

SUBJECT Cost of Certification

REFERENCE F2008/04592

FROM Councillor A Bide

10949

Councillor Bide asked how the cost of Parramatta Council Certification compared with the costs charged by private certifiers.

SUBJECT Policy on Relationships with Private Certifiers

REFERENCE F2008/04592

FROM Andrew Bide

10950

Councillor Bide asked how the policy dealing with Council’s relationship with private certifiers was progressing as he understood the GMO and the Development Unit were investigating the issue.

NOTE: Councillors J Chedid, P J Garrard and A A Wilson retired from the meeting at 8.45 pm.

SUBJECT Professionalism at Zone Lawn Bowls Finals

REFERENCE F2004/08773

FROM Councillor S D Lloyd

10951

Councillor Lloyd extended congratulations to the Toongabbie and Northmead Bowling Clubs for the professional manner in which they had handled the Zone 2 Lawn Bowls Finals and Grand Finals. He added that the hosting of these event brought funds into the community.

Councillor Lloyd requested that the Lord Mayor write a letter congratulating the Toongabbie and Northmead Bowling Clubs on their efforts.

SUBJECT Removal of Sign on Briens Road, Northmead

REFERENCE F2008/00400

FROM Councillor S D Lloyd

10952

Councillor Lloyd commented that the signage that Councillor Maitra had referred to recently on Briens and Old Windsor Road had now been removed. He enquired whether the owners were consulted prior to removal or whether council staff just removed the signage.

SUBJECT Operation Liaison Officer – Lachlan Macquarie Ward

REFERENCE F2008/00400

FROM Councillor L E Wearne

10953

Councillor Wearne commented that an email had been received by Councillors stating that a new ward OLO had been appointed. No further contact, however, had been received.

Councillor Wearne requested that the new OLO contact ward Councillors and arrange a meeting.

SUBJECT David Scott Reserve, Epping – Drainage Problem

REFERENCE F2004/06685

FROM Councillor L E Wearne

10954

Councillor Wearne referred to the apparent drainage problem in David Scott Reserve in Epping as 2 holes now existed in the reserve which had been suitably barricaded.

Councillor Wearne had previously enquired some 10 months ago in relation to one of the holes and now an additional hole existed.

Councillor Wearne sought advice on the problem evident at the Reserve.

SUBJECT Trip to China

REFERENCE F2008/00400

FROM The Lord Mayor, Councillor A Issa OAM

10955

10956

The Lord Mayor advised that he had prepared a report on his recent trip to China that had been distributed to all Councillors and displayed a video of pictures taken on the trip.

RESOLVED (Wilson/Lloyd)

That the Lord Mayor and delegation be formally thanked for their participation in the trip to China.

The meeting terminated at 8.57 pm.

THIS PAGE AND THE PRECEDING 20 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 24 AUGUST 2009 AND CONFIRMED ON MONDAY, 14 SEPTEMBER 2009.

Lord Mayor