MINUTES OF THE Meeting
of Parramatta City Council HELD IN THE Council
Chambers, CIVIC PLACE, PARRAMATTA ON Monday,
28 September 2009 AT 6:49 pm
PRESENT
The
Lord Mayor, Councillor A Issa, OAM, in the Chair and Councillors P B Barber, A
Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim,
S D Lloyd, P K Maitra, M McDermott, L E Wearne (Deputy Lord Mayor) and A A
Wilson (retired 10.20 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
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SUBJECT Minutes
of the Ordinary Council Meeting held on 14 September
2009
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10991
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RESOLVED (Garrard/Barber)
That the minutes be taken as read and be accepted
as a true record of the Meeting, with the following alterations:-
1. In relation to Minute No. 10980, “A’Beckett Street” should read “A’Becketts Creek.”
2. In relation to Minute No. 10988 regarding the
Toongabbie Legal Centre, the matter was raised by Councillor Elmore
rather than Councillor Lloyd.
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DECLARATIONS OF
INTEREST
There were no declarations of interest at this Ordinary
Council Meeting.
LORD MAYORAL
MINUTE
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1
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SUBJECT Flag
raising Civic Event and Cultural Exhibition for the People’s
Republic of China
REFERENCE F2004/06854
FROM Councillor A A Issa OAM
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10992
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MOTION (Issa/Lim)
(a) That Council host a Flag-Raising Civic Event for the
People’s Republic of China at Parramatta Town Hall.
(b)
That Council staff continue to liaise with Consular officials
of the People’s Republic of China in regard to a Flag-Raising Civic Event.
(c)
That additional cultural entertainment and displays for the
Flag-Raising Civic Event be provided by the Consulate of the People’s
Republic of China.
(d)
That His Excellency Consul General for the People’s Republic
of China Hu Shan be invited to officiate at the ceremony with the Lord Mayor.
(e)
That in addition to the Flag-Raising Civic Event Council host
a cultural exhibition at Parramatta Town Hall.
(f)
That Council staff continue to liaise with Consular
officials of the People’s Republic of China in regard to a Chinese cultural
exhibition.
(g)
Further, that Council provide the use of Town Hall for a
Chinese cultural exhibition and that additional costs of the exhibition be
met by the Consulate of the People’s Republic of China.
AMENDMENT (Finn/Esber)
(a) That Council host a cultural exhibition
at Parramatta Town Hall.
(b) Further, that Council provide the use of Town Hall
for a Chinese cultural exhibition and that additional costs of the exhibition
be met by the Consulate of the People’s Republic of China.
The amendment was put and carried and on being put as the
motion was again carried.
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 Councillor Bide requested that his name be recorded as
having voted against the motion.
3 A notice of motion to rescind this decision was submitted
prior to the conclusion of the meeting.
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PUBLIC FORUM
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1
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SUBJECT Proposed
Changes to Compliments and Complaints Policy and
Accountability of Council
REFERENCE F2004/06174
FROM Mr Bruce Berry
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10993
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QUESTIONS
By Mr Bruce Berry:-
“1. Proposed Changes to Compliments and Complaints
Policy – to be considered at tonight’s meeting.
Council proposes to partly change the definition
of a complaint from “an expression of dissatisfaction with a
decision …” to “dissatisfaction with the outcomes with a decision…”
Does this mean that complainants will have to await the outcomes of
decisions before their complaints can be addressed and when it may
be too late to resolve them?
Apparently the public is given no right, under
the Policy, to complain about decisions on development
applications, eg invasion of privacy, loss of solar access, loss of
views, adverse impacts on traffic and parking and on neighbouring
vegetation, but this seems to be contrary to the
provisions of the Local Government Act which states that the
public has the right to inspect “records of approvals granted, any
variation from local policies with reasons for the variation”. The
Act specifically refers to development applications and associated
documents. The responsibility is clearly on Council to provide
reasons why there will be none of these dissatisfactions with the
outcomes.
In cases where public
inspection of documents is necessary, the Act also states that these are to
be supplied even if it results in embarrassment and loss of confidence in
Council. Failure to produce documents in support of claims would increase
the risk.
How can such matters be resolved without having
access to Complaints Policy? The public still has the right to
speak about development applications at public forum, but, once
again, attempts have been made to prevent the public from doing
this. I regard them as indicators that Council is not being
accountable and it makes a mockery of Council’s slogan “Our
Community is the reason we exist.”
The confusions about what is a complaint and
what is not a complaint are open to all sorts of interpretations
and should be clarified and simplified before any amendments to the
Policy are approved.
2. Accountability of Council
At the last Council Meeting I asked Council to
explain why I should not regard several matters as failures of Council to be
accountable. I received a short response which provides further evidence
that Council either cannot defend its actions and decisions, or else
has no intention of being accountable for them. I therefore ask Council to
show me why I should not regard the following matters as further examples of
its failure to be accountable:-
(a) Rather than responding to specific
issues I raised, Council has simply noted them.
(b) After failing to meet two commitments to
me to respond to my letter of 8 July 2009, first of all
within 14 days and then by 21 August, a third commitment to
respond by the end of last week has been broken.
There are numerous issues to be resolved, ranging
from the massive breaches of the landscape
plan to anomalies in the application of the Building Code,
discrepancies in issue dates of Construction certificate, inconsistencies
about window deletions, unfair declaration at public forum
that my questions were out of order and that others
had already been answered.
(c) Council
has downplayed its “detailed investigation” into an “investigation”. Failure
to produce any response after all this time (12 weeks) suggests that there
has been no investigation.
(d) Instead of addressing my concerns
individually, Council has combined my questions on alleged code
of conduct breaches and confidentiality
(issue 4) with non confidential matters referred to in issues 2
and 3. This is clear avoidance of the fact that in finding
that it had correctly handled the assessment of
the DA for 9 St Andrews Pl Rydalmere, and also the associated
Court proceedings, Council made no reference to any
of the issues I had raised in order to dispute the fact
that all matters had been considered. It appears that this could
be another investigation that was not carried out, despite
another extensive delay.
(e) No comment has been made on any of the
issues I raised in items 6 and 7.
Does Council intend to abide by the commitments
it made to me to answer my letters and to provide me with the
outcomes of its “detailed investigation”? If so, when? Can it
assure me that on this occasion its response will show that all the
issues I have raised in my letters have been fully addressed?”
RESPONSE
By Michael Quirk - Manager Service Audit & Review:-
“Question 1. Proposed Changes to Customer Compliments and
Complaints Policy
The proposed changes to the definition of a complaint in
the Customer Compliments and Complaints Policy are aimed at clarifying the
matters that can be considered under the policy. Issues directed at lawful
Council decisions such as approval or rejection of an application, or the
issue of a Penalty Notice are more appropriately addressed via alternative
statutory mechanisms. The proposed changes do not intend to exclude any
matters from consideration, but to aid in ensuring the matters are addressed
in the appropriate forum in the first instance.
The public access to Council documents is specifically
covered in Section 12 of the Local Government Act, and Council’s Access to
Information Policy. These provisions entitle any member of the public to view
current and previous versions of a wide range of Council documents including
development applications and associated documents without charge. Council
has, and will continue to transparently provide public access to information
in this regard, and the proposed improvements to the Customer Compliments and
Complaints Policy have no bearing on this requirement.”
By Ms Sue Weatherley - Group Manager Outcomes and
Development:-
“Question 2. Accountability of
Council
Two letters dated 15 September
2009 and 24 September 2009 have been prepared and sent to you via the post.
These letters respond to the matters that you have raised in relation to 25 Calder Road and 95 Kissing Point Road and various other DA matters. “
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2
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SUBJECT Issues relating
to Colette Village Shops
REFERENCE F2004/06817
FROM Ms Antoinette Kurukchi
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10994
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QUESTIONS
By Ms Antoinette Kurukchi:-
As a local business owner I have a number of concerns
regarding problems we have at East Parramatta shops, just recently named
“Colette Village Shops”. I come here tonight to discuss these issues on
behalf of other shop owners.
Our main concern is the dispensing of methadone from
chemists. On a daily basis we witness drug users congregating, arguing and
loitering on our door step, sometimes making it difficult for our clients to
even enter our shop. Staff and customers listen to filthy language, screaming
and abuse. We have lost clientele because of these drug addicts as it can
frighten and disturb some people. They stand out the front of our shop
eyeballing us as if they want to start and argument and manipulate us, they
walk around off there head and we are left to lock our doors. The Chemist
however is barricaded by bars, why is this if it is a safe programme?
Obviously they must not feel safe, however our understanding is that Chemists
have excellent financial incentives to dispense methadone.
Recently one business was robbed at knife point during the
day, we have also had a man obviously drugged or drunk masturbating in the
phone box at 8am prior to the shops opening. These people are a nuisance and
are causing an effect on our businesses. These shops are community shops and
locals should feel safe to attend there with children. Most of the businesses
in these rows of shops cater for women and children as well as having a dance
school for kids recently open. The bottle shop has noticed an increase in
theft and recognise the drug addicts who come in. We have witnessed drug
users leaving the chemist and the going and buying there alcohol from the
bottle shop. What a bad combination. We have watched a man collect his
methadone, go to the bottle shop, consume his alcohol in front of our shop
then stumble across Victoria Road drunk. Colette Village shops is an alcohol
free zone, yet we have never seen police or council rangers patrol this area
therefore we are left with alcohol bottles and broken glass on our door step
and on our letterbox for us to pick up.
We believe Ermington Chemist use to dispense methadone and
had the same problems we are experiencing until Woolworth’s stepped in and
had the methadone programme stopped.
Most shop keepers and local residents believe Methadone
programs should be run out of hospital grounds or special clinics where
security is at hand. We are being told that methadone dispensing needs to be
in easy access for drug users, there fore why is it never dispensed out of Westfield shopping centre which has trains, buses and full security at all times.
We have also witnessed drug addicts turning up to collect
methadone in black prestige taxi’s.
We have major problems with the public phone box, again
with drug and alcohol users. We understand and agree that a phone box needs
to be available to the public, however not in front of our shop doors. We
have met with Telstra and spoken to the police to see if it could be moved
down the end of the shops where it is still easy for the public to access and
where we won’t have to put up with listening to the loud screaming and filthy
language from the phone users. However Telstra has replied telling us it will
cost $15,000 to be moved and shop keepers will have to foot the bill.
Police have been phoned on a number of occasions but due
to there heavy workload and being told there are only 4 cars to cover such a
wide area, they often arrive far too late.
All of the issues we are having would not be tolerated in Westfield’s or any large shopping centre, therefore we should not and will not tolerate
this behaviour in front of our own businesses.
I speak on behalf of most of the shop owners, however I
cannot speak on behalf of all as the chemist believes there is never such
problems. Maybe if they came out from behind there bars they would witness
what the rest of us are witnessing.
“To finalise this discussion our questions to council are:
1.
Which government department is responsible for approving Methadone to
be dispensed from chemists?
2.
Why does Council seem to forget about these community shops and the
safety of the public?
3.
Why bother making shops alcohol free zones when they are never
patrolled?
4.
We want to know what council can do to assist us with these issues?
And if it is out of there hands to please forward our concerns onto someone
in the government who can.
Our Thanks however go to Councillors John Chedid and
Michael McDermott for sharing or concerns and trying to assist us were they
can.”
RESPONSE
By Ms Sue Weatherley – Group Manager Outcomes and
Development:-
“1. Which
government department is responsible for approving Methadone to be dispensed
from chemists? ( information from Megan)
·
Pharmacies are licensed by the NSW Pharmacy Board. They are authorised
to supply medication under the Poisons and Therapeutic Goods Act
1966.
·
In regard to methadone, the system is managed by the state government
NSW Department of Health, via 2 units :
o
Mental Health and Drug and Alcohol Office
o
Pharmaceutical Services Branch
Their roles are detailed in the Council report.
1. Why
does council seem to forget about these community shops and the safety of
the public?
·
Council is aware of the community concerns and regularly
patrols all areas of the City, however Council does not regulate
the dispensing of methadone nor can Council officers enforce
civil disobediences as this is a police matter.
2. Why
bother making shops alcohol free zones when they are never patrolled?
·
Council approves alcohol free zones under the local government
act at the request of the public or the police. Council approves alcohol free
zones to assist the police in enforcing alcohol related behaviour and
civil disobedience in public places.
3. We
want to know what council can do to assist us with these issues? And if
it is out of there hands to please forward our concerns onto someone in
government who can.
In regard to alcohol we have a close relationship with the
police and when aware of issues will contact the police to seek their
response.
In regard to methadone:
Council’s current role in regard to methadone dispensing
programs extends to:
* Responding to claims that specific methadone
programs in the LGA are not being appropriately managed by
notifying the appropriate authorities (NSW Health Pharmaceutical
Services Branch and the Mental Health and Drug and Alcohol Office),
and requesting an audit or review.
o
Responding to claims of anti-social or criminal behaviour
resulting directly from a methadone dispensing program, by
liaising with the police and encouraging accurate community reporting of issues
to police.
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Responding to requests for information on methadone programs by
researching and referring on to experts / expert organisations in the field,
and
o
Proactively seeking up to date information on the outcomes of methadone
programs in our LGA through our colleagues at Sydney West Area
Health Service.”
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PETITIONS
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1
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SUBJECT Parking
In Harris Park and Parramatta
REFERENCE F2008/05117 – D01319460
FROM C Thew and others
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10995
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MOTION (McDermott/Lack)
That the petition be received and referred to the
appropriate officer for report.
The motion was put and lost.
NOTE: Councillor
A A Wilson left the meeting at 7.29 pm during consideration of this matter.
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2
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SUBJECT Upjohn
Reserve - Safety Concerns
REFERENCE F2004/06465 –D01319462
FROM S Spanovic and
others
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10996
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RESOLVED (McDermott/Chedid)
That the petition be received and referred to the
appropriate officer for report.
NOTE: Councillor
A A Wilson returned to the meeting at 7.35 pm during consideration of this
matter.
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COUNCIL MATTERS TO
BE ADOPTED WITHOUT DISCUSSION
10997 RESOLVED (Esber/Chedid)
That
Item Nos 9.1, 9.4 of City Development, 11.2 of
Culture and Leisure, 12.1, 12.2, 12.3 of Community Care and 13.4, 13.6 of City
Leadership & Management be adopted without discussion in accordance with
the staff recommendations.
Regulatory Reports
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8.1
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SUBJECT Enforcement
policy and parking policy
REFERENCE F2009/01489
- D01306662
REPORT OF Manager
Regulatory Services
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10998
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RESOLVED (Chedid/Bide)
(a) That
Council adopt the draft enforcement policy and the draft parking enforcement
policy for public exhibition.
(b) That appropriate
independent legal advice be sought after the public consultation process
seeking advice on the future of the policy.
(c)
That a further report be prepared for Council to consider
matters raised during the public exhibition.
(d) That Council arrange a feedback system to be in place
for the public exhibition ensuring that local members of the community have
an opportunity to put their view across.
(e) That a workshop be organised with the working committee
of Councillors and our Council Managers after the public exhibition period to
make the final amendments before being adopted by Council.
(f) That approval for an honorarium to be included for
the independent panel be delegated to the CEO.
(g) That the name Community Safety Officer be used in the
document that will go the public exhibition.
(h) Further, that it be noted that the above action be in
accordance with the Local Government Act 1993.
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8.2
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SUBJECT 171
and 260 Victoria Road Parramatta
(Lot 1 DP 879918, Lots 100-101 DP 816829, Lot 1 DP 836958 and LIC 201745)
DESCRIPTION Masterplan to guide the future development of
the Rydalmere campus of the University of Western Sydney
REFERENCE RZ/1/2007 -
10 September 2007
APPLICANT/S University of Western Sydney
OWNERS University of Western Sydney
REPORT OF Manager
Development Services. Also Service Manager –
Development Assessment Services Memorandum dated
21 September 2009.
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10999
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RESOLVED (Barber/Esber)
(a) That the Masterplan proposed in RZ/1/2007 that will
guide the future development of the Parramatta (formerly Rydalmere) Campus
for the University of Western Sydney be endorsed, subject to conditions
below:
1 That Council adopts the Masterplan and Conservation Management
Plan for the University of Western Sydney subject to any amendments required
by conditions of consent.
2 That any works carried out on the site be subject to a
Development Application.
3 That any excavation within the Building Location Zones be
monitored by an experienced historical archaeologist in order to record
historical evidence.
4 A separate Section 60 application pursuant to the Heritage Act
is required for any buildings and or developments on the site.
5 The applicant shall submit a Workplace Travel Plan designed to
actively encourage University students and staff to use public transport and
pedestrian and cycle travel to and from the site with all future DA’s.
6 The applicant shall submit a revised landscape scheme extending
the proposed landscape design of the campus into the Victoria Road setback
with all future DA’s.
7 The applicant shall implement the recommendations by the RTA
dated 2 February 2009 in all future DA’s.
8 The applicant shall implement the recommendations by the
Heritage office in all future DA’s.
9 The applicant shall implement the recommendations by the
Department of Planning in all future DA’s.
10 The applicant shall implement the recommendations by the
Department of Primary Industries in all future DA’s.
11 The parking provision for all future development of the
Parramatta Campus be increased from “1 space per 7.7 Full Time Equivalent
(FTE) occupants” (i.e. 1500 parking spaces) to “1 space per 3.0 Full Time
Equivalent (FTE) occupants” (i.e. 3850 parking spaces), as referred in the Masterplan.
Note: As
the proposed development is located within the SREP – 28, the number of
required parking spaces can be reduced proportionately if the applicant can
demonstrate a strategy to increase public transport use by students to access
the University and/or public transport services in the local area are
improved and/or further detailed information is provided indicating that less
parking is required.
12. That consideration be given to the use of off-site parking at
the Rosehill Racecourse coupled with a shuttle bus service between the
Racecourse and the University be considered for implementation in all future
DA’s provided there is a long term contract between Sydney Turf Club and the
University.
13 That consideration be given to provision of either traffic
signals be installed in Victoria Road at Pemberton Street or a signalised
pedestrian phase be installed within the traffic signals in Victoria Road at
Pennant Street along with a marked foot crossing on the left turn slip lane
from Pennant Street at Victoria Road. If the later option is pursued, then
bus stops and bus shelters on both sides of Victoria Road west of Pemberton Street need to be relocated west towards Pennant Street. This is required to be
subject to further approval by Council.
14 That the applicant informs Council and Sydney Buses each year
regarding the number of students enrolled at the Parramatta Campus.
15 That an investigation into the potential for acid sulphate soil
impacts be undertaken prior to the lodging of a development application for
any development near or within the riparian zones of Vineyard Creek and the
Parramatta River foreshore.
16 That any proposal that results in growth beyond 10,980 students
must be demonstrated to be adequately supported by transport and traffic
measures and that the traffic impacts of development can be satisfactorily
managed.
17 That the master plan be amended in the future to include site
access arrangements that are both acceptable to both the RTA and Council,
this includes pedestrian access linking the North and South Campus.
18. That the
University educate and provide information to students
about safe parking practices.
(b) Further, that
the objector 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, P Esber, 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.
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8.3
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SUBJECT 363 Wentworth Avenue, Pendle Hill (Lot 1 DP 539762) (Arthur Phillip Ward)
DESCRIPTION Section 82A application to
review Council’s refusal of a Section 96(2) modification to extend operating
hours.
REFERENCE DA/332/1999A – submitted
10 July 2009-09-29
APPLICANTS RLA Polymers Pty Ltd
OWNERS R K Ghalloub Pty Ltd
REPORT OF Manager Development
Services
REASON FOR REFERRAL TO COUNCIL
The
application is referred to Council as it is a Section 82A Review.
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11000
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RESOLVED (Bide/Chedid)
That consideration of this matter be deferred to
the next Council Meeting to enable a number of corrections to be made to the
report.
DIVISION The result being:-
AYES The Lord Mayor, Councillor A Issa, OAM and
Councillors P B Barber, A Bide, J Chedid, G J
Elmore, P Esber, 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.
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SUSPENSION OF
STANDING ORDERS
11001 RESOLVED (Esber/Maitra)
That Standing
Orders be suspended to enable the consideration of an urgent rescission motion
regarding the Joint Regional Planning Panels.
The Lord
Mayor ruled the matter was one of urgency.
Note
A
rescission motion was lodged at the commencement of the meeting relating to
Item 7.2 of the Council Meeting held on 14 September 2009 regarding the Joint
Regional Planning Panels.
CONTINUATION OF
SUSPENSION OF STANDING ORDERS
11004 RESOLVED (Maitra/Esber)
That Standing Orders
continue to be suspended to enable consideration of an urgent matter regarding
the Diwali Festival.
The Lord Mayor ruled the matter was one
of urgency.
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2
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SUBJECT Assistance
for Diwali (Deepavali) Festival - 11 October 2009
REFERENCE F2009/00170
FROM Councillor P
Maitra
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11005
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MOTION (Maitra/Esber)
(a) That
Parramatta City Council donates $5000 to the Hindu Council of Australia Inc,-
the organisers of the Diwali (Deepavali) Festival which is also known as “the
Festival of Lights” to be held on the 11th of October 2009 at
Parramatta Stadium with the CEO/Group Manager to allocate an appropriate
account.
(b) That
the Parramatta Lord Mayor of the Day accept the invitation of the
organisers to open this event and also extends Council’s best wishes for the
event’s success in the Lord Mayor’s Message in the local media.
(c) Further,
that Council supports the organiser’s request and illuminates Parramatta
Town Hall from 11 October 2009 for 7 days with low voltage (power saving)
lights with a sign “Happy Diwali”.
AMENDMENT (Lloyd/Wilson)
That Parramatta City Council donate $10,000 to the
Hindu Council of Australia Inc,- the organisers of the Diwali (Deepavali)
Festival which is known as “the Festival of Lights” to be held on the 11th
of October 09 at Parramatta Stadium utilising funds to be allocated for next
year’s Riverbeats.
The amendment was put and lost.
The motion was put and carried.
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 on this issue.
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3
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SUBJECT Draft
Development Control Plan for Places of Public Worship
REFERENCE F2009/01146
FROM Councillor P J Garrard
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11006
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RESOLVED (Garrard/Lim)
That the CEO
prepare a report to the Council, as a matter of urgency, on a draft
development control plan (DCP) for Places of Public Worship based on the
proposed controls to be included in the City Wide DCP as discussed at the
workshop with Councillor. This report should consider how the draft DCP can
be applied as Council policy until the DCP is finalised.
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RESUMPTION OF
STANDING ORDERS
11007 RESOLVED (Esber/Lack)
That Standing
Orders be resumed.
ADJOURNMENT OF MEETING
In accordance with
Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at
8.30 pm for a period of 18 minutes.
RESUMPTION OF MEETING
The meeting
resumed in the Council Chamber at 8.48 pm, there being in attendance The
Lord Mayor, Councillor A Issa, OAM, and Councillors P B Barber, A Bide, J
Chedid, G Elmore, P Esber, J D Finn, P J Garrard, M Lack, C X Lim, S Lloyd, P K
Maitra, M McDermott and L E Wearne.
City Development
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9.1
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SUBJECT Request
to Release Right of Carriageway off Park Street Rydalmere
REFERENCE DA/952/2008
- D01277971
REPORT OF Property
Program Manager
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RECOMMENDATION
(a) That
Council approve of the release of the right of carriageway over lots 1 and 2
DP549904.
(b) Further,
that all documents including the transfer releasing easement and other
documentation including the supporting deed of agreement, as relevant, be
executed under the seal of Council.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
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9.2
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SUBJECT The
Extension of a Lease to Putt Putt West Ryde Pty Ltd
on land at 661 Victoria Road Melrose Park known as Bartlett Park
REFERENCE F2005/02285
- D01289130
REPORT OF Property
Development Advisor
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11008
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MOTION (Bide)
(a) That
Council authorise the Strategic Asset Management Unit to complete
negotiations with Putt Putt West Ryde Pty Ltd for a further community lease
over the community land known as 661 Victoria Road, Melrose Park, more
formally known as Lot 1 in DP128912, Lot 7 in DP111186 and Lot 2 in DP221045.
(b) That Council
further authorises the Strategic Asset Management Unit to inform the
community through a Public Notice published in the local press, which will
allow time for submissions from the community if they see fit.
(c) That Council
authorises the Lord Mayor and the CEO to execute the completed lease in order
to formalise the commercial arrangements between the parties.
(d) Further,
that the 3 year lease include a demolition clause in the standard form
for a retail lease.
The motion was withdrawn.
RESOLVED (Esber/Finn)
(a) That
Council authorise the Strategic Asset Management Unit to complete
negotiations with Putt Putt West Ryde Pty Ltd for a further community lease
over the community land known as 661 Victoria Road, Melrose Park, more
formally known as Lot 1 in DP128912, Lot 7 in DP111186 and Lot 2 in DP221045.
(b) That Council
further authorises the Strategic Asset Management Unit to inform the
community through a Public Notice published in the local press, which will
allow time for submissions from the community if they see fit.
(c) Further,
that Council authorises the Lord Mayor and the CEO to execute the
completed lease in order to formalise the commercial arrangements between the
parties.
|
|
9.3
|
SUBJECT Economic
Development Update
REFERENCE F2006/01387
- D01303933
REPORT OF Manager
Economic Development
|
|
11009
|
RESOLVED (Chedid/Lim)
That
consideration of this matter be deferred and a workshop be held on the
Economic Development Board, such workshop to include discussion on the
announcement of funds received for tourism.
NOTE: Councillor
A A Wilson returned to the meeting at 8.52 pm during consideration of this
matter.
|
|
9.4
|
SUBJECT Minutes
of the Heritage Advisory Committee
REFERENCE F2005/01945
- D01306787
REPORT OF Project
Officer
|
|
|
RECOMMENDATION
That the minutes of the Heritage Advisory Committee meeting
of 19 August 2009 be received and noted.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
Roads Paths Access and Flood Mitigation
|
10.1
|
SUBJECT West
Metro Preliminary Environmental Assessment
REFERENCE F2008/03629
- D01300331
REPORT OF Senior
Project Officer - Transport Planning; Project Support
Officer
|
|
11010
|
RESOLVED (Finn/Maitra)
That
consideration of this matter be deferred for a workshop to be held preferably
on a Monday night.
|
Culture and Leisure
|
11.1
|
SUBJECT Draft
Playground Plan- Parra Play Matters
REFERENCE F2009/01955
- D01307404
REPORT OF Recreation
Planner
|
|
11011
|
RESOLVED (Wearne/Maitra)
That consideration
of this matter be deferred for a workshop.
|
|
11.2
|
SUBJECT Proposed
Transfer of Various Parcels of Land to Council
REFERENCE F2008/04580
- D01283112
REPORT OF Property
Program Manager
|
|
|
RECOMMENDATION
That following the finalisation of the deed Council
accept the transfer in fee simple of the parcels of land, as listed in
Attachment 1 to this report, from the Department of Planning and that all
relevant documentation be completed under the seal of Council.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
11.3
|
SUBJECT Naming
of a Walking Track in Winston Hills as Settler's Trail
REFERENCE F2008/02730
- D01286542
REPORT OF Service
Manager Open Space and Natural Resources
|
|
11012
|
RESOLVED (Lloyd/Bide)
(a) That
the walking track along the southern side of Toongabbie Creek
between Oakes Road and Old Windsor Road, Winston Hills be named Settler’s Walk.
(b) That
appropriate interpretive signage be installed to provide direction for
walkers and information about the heritage of the local area.
(c) Further,
that Transurban Pty Ltd and the persons
who lodged a submission in relation to the naming proposal be advised of
Council’s decision.
|
Community Care
|
12.1
|
SUBJECT Meeting
Aboriginal and Torres Strait Islander Advisory Committee
28th July 2009
REFERENCE F2005/01941
- D01293253
REPORT OF Community Capacity Building Officer
|
|
|
RECOMMENDATION
(a) That the
minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 28th
July 2009 be received and noted.
(b) Further,
that Council note there is no request for additional expenditure.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
12.2
|
SUBJECT Western
Area Assistance Scheme (WSAAS) 2008/09
REFERENCE F2008/03941
- D01293781
REPORT OF Community Capacity Building
|
|
|
RECOMMENDATION
(a)
That Council notes the information on the outcomes of the 2008/09
WSAAS round.
(b) Further that, Council notes the new
Community Builders grant scheme (formally WSAAS).
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
12.3
|
SUBJECT Access
Advisory Committee Minutes 18 August 2009
REFERENCE F2005/01944
- D01298722
REPORT OF Acting Service Manager Community Capacity Building Team
|
|
|
RECOMMENDATION
(a) That
the minutes of the Access Advisory Committee meeting on 18 August 2009
(Attachment 1) are 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 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
12.4
|
SUBJECT Methadone
dispensing programs in the Parramatta LGA
REFERENCE F2004/06817
- D01300001
REPORT OF Manager -
Social Outcomes
|
|
11013
|
RESOLVED (McDermott/Wilson)
(a) That
Council work with key partners to ensure methadone programs in the LGA
are managed and monitored according to best practice standards as set out in
NSW Health’s NSW Opoid Treatment Program Clinical Guidelines by:
1 Reporting
in writing any perceived deviation from the methadone dispensing standards by
clinics or pharmacies to NSW Health.
2 Reporting
any issues with crime or antisocial behaviour to the local police.
3 Encouraging
residents and businesses to report antisocial or criminal behaviour linked
with methadone dispensing programs to the local police.
4 Seeking
updates from Sydney West Area Health Service about the health status of the
community.
(b) That
Council receives from staff an additional report detailing specific
steps that council can implement to mitigate the damage done to our
communities by the current dispensing practices for methadone. These should
detail:
1 A
strategy to reduce social impact of methadone dispensing in communities.
2 A
strategy to reduce the level of methadone addiction in the Parramatta LGA.
3 Input
from councillors as to specific implementation steps.
(c) That
Council write to NSW Health to recommend the clinical guidelines be
amended so that it is mandatory for community pharmacists to stagger their
dispensing of methadone throughout the day to avoid ‘gathering’ of people at
dispensing sites.
(d) That
it be a role of the new City Wide Crime Prevention Plan to monitor
methadone sites around the local government area and a report be submitted back
to Council on the results including instances of anti social behaviour and
the effects of the dispensing of methadone.
(e) That
Council seek the support of the Local Area Commander in putting resources
towards working with Council to seek a resolution to this issue and for the
management of crime and anti social behaviour in this precinct.
(f) Further,
that Council’s local state representatives be requested to make
representations on behalf of Council with respect to this matter.
|
City Leadership and Management
|
13.1
|
SUBJECT Review
of Delegations Register
REFERENCE F2009/01759
- D01271947
REPORT OF Policy
Review Officer
|
|
11014
|
RESOLVED (Finn/Lloyd )
(a) That
Council receive and note the Delegations Policy and Framework, as
attached, with the alteration that Group Managers not be authorised to issue
media statements.
(b) Further,
that the Chief Executive Officer (CEO) finalise the implementation of the
revised operational delegations and on completion, staff and Councillors be
provided access to the Delegations Register either in hard copy or via the
intranet.
|
|
13.2
|
SUBJECT Fraud
and Corruption Prevention Policy
REFERENCE F2009/01251
- D01269297
REPORT OF Manager
Service Audit and Review
|
|
11015
|
RESOLVED (Finn/Lim)
That consideration
of this matter be deferred and a workshop be held with Councillors and the Crime
and Corruption Prevention Officer to discuss the effective implementation of
this policy.
|
|
13.3
|
SUBJECT RMIA
Risk Management 6th Annual Conference 'The Road
to Resilience' in Cairns, QLD from 22 - 25 November
2009
REFERENCE F2009/01465
- D01281824
REPORT OF Service
Manager - Council Support
|
|
11016
|
RESOLVED (Wilson/Maitra)
(a) That in
line with Council Policy for a Category C Conference Councillors P Esber, A
Issa, OAM and A A Wilson attend the RMIA Risk Management 6th
Annual Conference ‘The Road to Resilience’ in Cairns, QLD from 22 – 25
November 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’ which has a total 2009/2010 budget of $60,000 per
annum.
|
|
13.4
|
SUBJECT Investments
Report for July 2009
REFERENCE F2009/00971
- D01287267
REPORT OF Manager -
Finance
|
|
|
RECOMMENDATION
That Council receives
and notes the investments report for July 2009.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
13.5
|
SUBJECT Review
of the Customers Compliments and Complaints Policy
REFERENCE F2005/02436
- D01293409
REPORT OF Policy
Review Officer
|
|
11017
|
RESOLVED (McDermott/Chedid)
That
consideration of this matter be deferred for a workshop.
|
|
13.6
|
SUBJECT Review
of Investment Policy
REFERENCE F2004/07423
- D01299551
REPORT OF Manager -
Finance
|
|
|
RECOMMENDATION
(a) That Council receive and note the Manager Finance’s
report.
(b) That the revised Investment Policy as attached to
this report be adopted.
(c) Further that Council endorse CPG Research &
Advisory as Parramatta City Council’s key investment advisor and Custodian
arranger, with finance staff seeking additional investment advice from other
sources if and when required.
NOTE: This matter was
adopted under Minute No 10997 – Council Matters To Be Adopted Without
Discussion.
|
|
13.7
|
SUBJECT Review
of Council's Adopted Code of Conduct
REFERENCE F2009/00447
- D01301829
REPORT OF Manager
Service Audit and Review
|
|
11018
|
RESOLVED (Barber/Esber)
(a) That Council
adopt the revised Code of Conduct shown at Attachment 1.
(b) That Council
publicly seek expressions of interest from suitably qualified and experienced
persons of high community standing to form a new panel of conduct reviewers
in accordance with Council’s Code of Conduct.
(c) Further,
that the results of the above expression of interest be reported to the
next non-Regulatory Council meeting following closure of the expression of
interest.
|
|
13.8
|
SUBJECT Review
of Council's Policy for Interaction Between Councillors
and Staff
REFERENCE F2009/00448
- D01303638
REPORT OF Manager
Service Audit and Review
|
|
11019
|
RESOLVED (Wearne/Wilson)
That Council adopt the draft Policy for Interaction Between
Councillors and Staff shown at Attachment 1 with the inclusion of an
appropriate clause permitting contact with the General Counsel.
|
|
CLOSED SESSION
|
|
11020
|
RESOLVED (Wilson/Lim
)
Members of the press and public be excluded from the
meeting of the Closed Session and access to the correspondence and reports
relating to the items considered during the course of the Closed Session be
withheld. This action is taken in accordance with Section 10A(2) of the Local
Government Act, 1993 as the items listed come within the following
provisions:-
|
1 Tender
19/2009 - Community Assist Lawn Mowing - Tender. (D01281883) - This report
is confidential in accordance with section 10A (2) (d) of the Local Government
act 1993 as the report contains commercial information of a confidential nature
that would, if disclosed (i) prejudice the commercial position of the person
who supplied it; or (ii) confer a commercial advantage on a competitor of the
Council; or (iii) reveal a trade secret.
2 Tender
30/2009 Blacktown Cycleway, Toongabbie - Stage 2B (Chanel Street) - Construction
of a Concrete Cycleway and Associated Civil and Landscape Works.. (D01300345) -
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
21/2009 Parramatta Town Hall - Installation of Air Conditioning to the Charles
Byrne and First Floor Meeting Rooms and Associated Works.. (D01303437) - 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 Council's
Advisory Committees. (D01293507) - 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:-
|
DECISIONS FROM Closed Session
|
15.1
|
SUBJECT Tender
19/2009 - Community Assist Lawn Mowing - Tender
REFERENCE F2009/01739
- D01281883
REPORT OF Home Support and Community
|
|
11021
|
RESOLVED (Chedid/Esber)
(a) That Council
rejects the tender received for the provision of Community Assist Lawn Mowing
service as insufficient response was received to form a panel.
(b) That Council enter
into negotiations with suitable organisations with a view to the formation of
a panel for the provision of Community Assist Lawn Mowing and associated
contracts.
(c) That the single tenderer, Platinum Facilities
Management Pty Ltd, be advised of the outcome of Tender 19/2009 and invited
to participate in negotiations to form a panel.
(d) Further, that Council authorises the
Chief Executive Officer and the Lord Mayor to execute contracts for the
provision of the Community Assist Lawn Mowing services.
|
|
15.2
|
SUBJECT Tender
30/2009 Blacktown Cycleway, Toongabbie - Stage 2B
(Chanel Street) - Construction of a Concrete Cycleway
and Associated Civil and Landscape Works.
REFERENCE F2009/01842
- D01300345
REPORT OF Supervisor
- Project Management
|
|
11022
|
RESOLVED (Esber/Lloyd)
(a) That the tender
submitted by Landscape Solutions Australia Pty Ltd for the construction of a concrete cycleway and associated civil and landscape
works in Chanel Street, Toongabbie for the sum of $131,631.87
(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.
|
|
15.3
|
SUBJECT Tender
21/2009 Parramatta Town Hall - Installation of Air Conditioning to the
Charles Byrne and First Floor Meeting Rooms and Associated Works.
REFERENCE F2009/01838
- D01303437
REPORT OF Supervisor
- Project Management
|
|
11023
|
RESOLVED (Esber/Lloyd)
That consideration of this matter be deferred at the Lord
Mayor’s suggestion to seek further advice on the issue.
|
|
15.4
|
SUBJECT Council's
Advisory Committees
REFERENCE F2007/00688
- D01293507
REPORT OF Community Capacity Building Officer
|
|
11024
|
RESOLVED (Esber/Lack)
(a) That Council accept
all applicants that met the selection criteria for membership of its Access,
Aboriginal and Torres Strait Islander, Cycleways, Heritage and Community Advisory
Committees and all committee members be required to
abide by the Code of Conduct.
(b) That Council replace
the Arts Advisory Committee with quarterly Arts Consultation Forums.
(c)
Further, that Council note there
is no request for additional expenditure in this report.
NOTE: A
Notice of Motion to rescind this decision was lodged immediately following
the conclusion of the Council Meeting.
|
QUESTION TIME
|
1
|
SUBJECT Tree
in Prince Alfred Park
REFERENCE F2004/10359
FROM Councillor C X Lim
|
|
11025
|
Councillor Lim advised that the Lord Mayor
had previously planted a tree in Prince Alfred Park and the tree was now
struggling to survive.
Councillor Lim requested that he be provided with an
update on the issue.
NOTE: Councillor
A A Wilson retired from the meeting at 10.20 pm during consideration of this
matter.
|
|
2
|
SUBJECT Provision
of Group Certificates to Councillors
REFERENCE F2007/01211
FROM Councillor P J
Garrard
|
|
11026
|
Councillor Garrard sought advice as to why
Councillors had not yet received their group certificates.
|
|
3
|
SUBJECT Graffiti
Policy
REFERENCE F2008/04673
FROM Councillor M
McDermott
|
|
11027
|
Councillor McDermott indicated that he had
recently given an interview on Council’s graffiti policy.
He requested that Councillor Staff monitor any potential
backlash against the Council’s area due to its stance against graffiti.
|
|
4
|
SUBJECT Reception
for Parramatta Eels
REFERENCE F2006/00528
FROM Councillor P
Maitra
|
|
11028
|
Councillor Maitra sought advice as to any
action Council would be taking to provide a reception or celebration for the
Parramatta Eels.
The Group Manager Outcomes and Development advised that a
memorandum had been circulated to Councillors on this issue but added that if
and when Parramatta wins the Grand Final, discussions would be held with the
Club. Councillors would be kept informed of the discussions.
Councillor Maitra suggested that the efforts of the team
should be celebrated regardless of this weekend’s result.
|
|
5
|
SUBJECT Parking
in CBD
REFERENCE F2006/00137
FROM Councillor G
Elmore
|
|
11029
|
Councillor Elmore advised that he had
received representations from a resident who had utilised the 15 minute free
parking available in the City but had failed to obtain a ticket and was
subsequently booked.
Councillor Elmore noted that this issue had been raised at
the previous meeting and appropriate signage was now to be erected.
Councillor Elmore further advised that the same resident
had referred to the inadequacy of the half hour parking available in Civic Place and requested that Council be provided with a report on the possible alteration
of the half hour parking in Civic Place to one hour parking.
|
|
6
|
SUBJECT 15
Minute Parking in CBD
REFERENCE F2006/00137
FROM Councillor J
Chedid
|
|
11030
|
Councillor Chedid referred to Councillor
Elmore’s question regarding the signposting of 15 minute free parking and
questioned whether Councillors had received a response as yet.
The Group Manager Outcomes and Development advised that
proposed new signage had been presented at a workshop last week and it was
expected that the signage would be rolled out within the next week.
Councillor Chedid questioned why rangers were still
booking persons if the signage was not yet available.
The Group Manager Outcomes and Development took the
question on notice.
|
RESCISSION MOTIONS
The Lord Mayor advised that the following rescission motions
had been received during the course of the meeting:-
1. A notice
of motion to rescind the Council’s decision of 14 September 2009 regarding
the Joint Regional Panels signed by Councillors Esber, Elmore and Barber.
Note
This
notice of rescission was subsequently dealt with as a matter of urgency under
minute no.s 11001 and 11002.
2. A
notice of motion to rescind Council’s decision of 28 September 2009 in relation
to the Lord Mayoral Minute regarding the Flag Raising Civic Event and Cultural
Exhibition for the People’s Republic of China signed by Councillors Chedid,
Lloyd and Garrard.
3. Note
Immediately following the
closure of the meeting a notice of motion to rescind Council’s decision of 28
September 2009 in relation to Council’s Advisory Committee was submitted by
Councillors Bide, Lloyd and Wearne.
The meeting terminated at 10.30pm.
THIS
PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING
HELD ON MONDAY, 28 SEPTEMBER 2009 AND CONFIRMED ON MONDAY, 12 OCTOBER
2009.
Lord Mayor