MINUTES OF THE MEETING OF PARRAMATTA CITY COUNCIL HELD
IN THE COUNCIL CHAMBERS, CIVIC PLACE, PARRAMATTA ON MONDAY, 23 NOVEMBER 2009 AT
6:46 PM
PRESENT
The
Lord Mayor, Councillor P J Garrard, in the Chair and Councillors P B Barber, A
Bide (retired 10.17 pm), J Chedid (retired 10.18 pm), G J Elmore, J D Finn
(arrived 6.48 pm), M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd (retired
10.18 pm), P K Maitra, M D McDermott (retired 10.17 pm) and L E Wearne (arrived
at 6.48 pm and retired 10.17 pm) .
MINUTES
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SUBJECT Minutes
of the Regulatory Council Meeting held on 9 November 2009
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11123
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RESOLVED (Elmore/Barber)
That the minutes be taken as read and be accepted
as a true record of the Meeting.
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APOLOGIES
11124 RESOLVED (Barber/Lack)
It be noted that leave of absence
had previously been granted to Councillors P Esber, A Issa OAM and A Wilson to
attend the RMIA Risk Management 6th Annual Conference being held
from 22 to 25 November 2009.
DECLARATIONS OF
INTEREST
There were no
declarations of interest at this Ordinary Council Meeting.
LORD
MAYOR MINUTES
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1
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SUBJECT Thank
Council's Strategic Crime and Corruption Officer Mr Nicholas Mamouzelos, and
acknowledge his contribution towards the significant reduction of crime in
the Parramatta Local Government Area
REFERENCE F2008/00400
FROM The Lord Mayor,
Councillor P J Garrard
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11125
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ReSOLVED (Garrard/Maitra)
(a) That Council thank Mr Nicholas Mamouzelos
for his contribution towards the significant reduction of crime in
the Parramatta Local Government Area.
(b) That Council acknowledge the tremendous
success Mr Nicholas Mamouzelos has achieved in significantly
reducing crime in the Parramatta Local Government Area.
(c) Further, that
Council issue Mr Nicholas Mamouzelos a reference that details his
tremendous service to our community.
Note
1. Councillors J D Finn and L E Wearne arrived at
the meeting during consideration of this matter at 6.48pm.
2. Councillor A Bide left the meeting at 6.58pm
during consideration of this matter.
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PUBLIC
FORUM
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1
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SUBJECT DA
for 83 Wentworth Avenue, Wentworth
REFERENCE DA/442/2009
FROM Dr Alan Fahey
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11126
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Thank you for the opportunity to speak on
behalf of several residents who are in the near vicinity of number 83 Wentworth Avenue the property under discussion. The residents of six different properties
have expressed concerns about 2 different issues.
I am a medical practitioner and have my practice a few
doors from the property.
The practice has several doctors and provides services for
a range of people from babies to the elderly. The practice has been approved
by Council to function as a medical practice. The practice provides general
practice services, but also counselling and relaxation for patients including
people with cancer, anxiety, depression and the elderly.
The clinic operates 7 days per week, although the majority
of patient services are provided from Monday to Friday and Saturday morning.
The comments and questions being made here would relate to
any proposed use of the building which could involve large numbers of people
and motor vehicles, such as a football or sporting club, or a social club or
a religious institution.
I have made representations in the past on behalf of
residents and patients to City Rail, Rail Corp, and the Parramatta Council on
other issues since 2000.
I have not met any of the applicants for number 83 but
wish them well in any endeavours which help the community.
There are 2 main issues which I would like to have clarified
by Council:-
- Firstly there is the issue of noise and disturbance.
NOISE
The DA application stated that
there would be no amplified music of public address system.
Wentworth Avenue is usually a
relatively quiet street with intermittent sounds of trains and passing
traffic. Many cars drive very quickly along Wentworth Avenue past number 83
and the medical clinic.
There are not large numbers of
people in the street except for when commuters exit the railway station after
a train has arrived during peak hours.
It is a normal social custom to
inform ones neighbours if a party or a special event is going to be held. It
is also a normal social custom to introduce yourself to neighbours and say
hello as a courtesy.
On Saturday the 17th
of October, during the afternoon and night there was a sudden arrival of a
vast number of cars with what appeared to be hundreds of people. The people
all appeared to range in ages from young to middle aged and all appeared able
bodied. All available car parking was quickly taken and lots of cars
continued to cruise past at low speeds looking for parking spots. All of the
streets visible surrounding number 83 became full of parked and cruising cars
along Wentworth Ave, Hill St and Railway St.
There were lots of people on
the streets, with people intermittently talking loudly and calling out to
each other and some cars sounding their horns.
Amplified music and what
sounded like a megaphone were clearly audible several properties from the
meeting until around 11pm.
Loud voices and horn blowing
was particularly noticeable after midnight and the last horn sounded at
12.20am in the middle of the night to the Sunday morning.
One Local resident who is a
shift worker stated that if the noise level occurred again in the same way
that it did on the 17th of October, he would play AC/DC music over
the loud speakers from his open windows.
Another elderly resident in her
80’s stated that she stood at her front window, looking out through her
blinds onto the street until late at night, because she felt “scared and did
not know what was happening”.
2. The second
issue relates to local traffic, parking and access to properties.
The property development
application is in a residential area. During the week commuters park in all available
car spots surrounding the railway station including those lining the northern
side of the railway station and line opposite number 83, where parking is
unrestricted. Most leave their cars parked there from early morning until
late afternoon.
Council has allocated several
car parking places within a 4 hour parking restricted zone between 83 and Hill St to allow patients to attend the medical clinic.
The elderly and sick need to
have ready access to the clinic.
Residents need to have free
access to the driveways for ingress and egress to and from their residences.
On the 17th October
cars were parked halfway across the driveway to the clinic and when a car
vacated it’s position it was quickly filled with another car which also
parked partially across the driveway.
A resident close to the
property stated that the owned of one car parked across her driveways and
completely blocked vehicular access to her property. When she spoke to the
man who was leaving his car to walk across to number 83 he told her that he
could not find another parking spot and wanted to park across her driveway
for a short period of time, while he went into the meeting. The resident told
him that if he did not move his car she would let his tyres down and then go
to the police station and report what she had done and why she had done it.
The man then moved his car.
The local residents need access
to their driveways and the medical clinic needs available adjacent parking
for sick patients and ready access to the driveways for house calls and
hospital visits, which can occur unexpectedly on any day of the week.
It is proposed to request that
the 4 hour parking restrictions from 87-93 Wentworth Ave be changed to 1 hour
zone.
Can the Council assure the
residents and patients in this area that access to the properties will
continue to be freely available?
What measures has council put
in place to ensure that noise emissions would be minimised in the area?
RESPONSE from Sue Weatherley Group Manager Outcomes and
Development
Thank you Dr Fahey for your comments.
A report on the proposed use of 83 Wentworth Avenue as a
place of worship will be considered later in tonight’s meeting. In the event
that Council resolves to approve the application conditions have been
recommended to ameliorate any likely adverse amenity impacts to properties in
the locality arising from the proposed use.
I also wish to advise that staff from Council’s Regulatory
Services Unit have investigated the unauthorised event that occurred on 17
October 2009. The applicant has subsequently provided written confirmation
that they will not use the building until they have received development
consent from Council.
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PETITIONS
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1
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SUBJECT Objection
to Adults Only Premises at 241 Victoria Road, Rydalmere and to Development
Application DA/680/2009 - 8 Brodie Street, Rydalmere
REFERENCE DA/680/2009
FROM Residents of
Crowgey Street, Rydalmere and others
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11127
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RESOLVED (McDermott/Chedid)
That the petitions be noted and referred for
consideration by the appropriate Council officer and in conjunction with the
relevant development application as appropriate.
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Rescission Motions
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7.1
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SUBJECT 2 Darcy Street, Westmead
REFERENCE DA/853/2008/A
- D01352897
FROM Councillors
C X Lim, A Issa and J Chedid
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11128
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MOTION (Lim/Chedid)
That the resolution of
the Ordinary Council Meeting held on 9 November 2009, regarding 2 Darcy Street, Westmead, namely:-
“That the application to modify condition No. 30 of Development Consent No.
853/2008 be refused for the following reasons:
1. The proposed modification to condition No. 30 is
contrary to the requirements of Council’s section 94A contributions plan as
the development does not fall under a category of development that is exempt
from the section 94A levy.
2. The proposed modification would set an undesirable
precedent for all future development within the Parramatta Local Government
Area that is subject to section 94A levies.
3. The proposed modification would undermine the
integrity of Council’s section 94A contributions plan.
4. The proposed modification is not in the public
interest.”
be and is hereby rescinded.
The motion was put and lost.
Division The result being:-
Ayes Councillors A Bide, J Chedid, C X Lim, S
Lloyd and M McDermott.
Noes Councillors P B Barber, G Elmore, J D Finn, P
J Garrard, M Lack, P Maitra and L E Wearne.
Note
Councillor A Bide returned to the meeting at 7.13 pm
during consideration of this matter.
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COUNCIL MATTERS TO
BE ADOPTED WITHOUT DISCUSSION
11129 RESOLVED (Barber/Lack)
That
Items 12.1 of Roads Paths Access and Flood
Mitigation, 13.1 and 13.2 of Culture and Leisure and 15.3, 15.4 and 15.5 of City
Leadership & Management be adopted without discussion in accordance with
the staff recommendations.
Regulatory Reports
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9.1
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SUBJECT 83 Wentworth Avenue, Wentworthville NSW 2145 (Lot 2 DP 329885) (Arthur Phillip Ward)
DESCRIPTION Demolition, alterations
and additions and use of the premises as a Place of Public Worship. Approval
is also sought for the construction of a carpark at the rear of the site and
associated signage.
REFERENCE DA/442/2009
- Submitted 10 July 2009
APPLICANT/S Sydney Kalibari Inc
OWNERS Mr P Hatzis
REPORT OF Manager
Development Services
REASON FOR
REFERRAL TO COUNCIL
Place of
Public Worship
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11130
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MOTION (Bide/Chedid)
That Council grant consent to Development Application No.
422/2009 for the demolition, alterations and additions and use of the
existing warehouse building as a Place of Public Worship and construction of
a car park at the rear of the site and associated signage on land at 83
Wentworth Avenue, Wentworthville as shown on approved plans, for a period of
three years from the date of the Notice of Determination, subject to
conditions of consent contained in Attachment 1 subject to:-
1.
The applicant redesigning the
additional 6 car parking spaces off street effectively creating 14 off street
parking spaces;
2.
An additional condition requiring
that the applicant submit a parking management plan.
AMENDMENT (Finn/Maitra)
That
Council grant consent to Development Application No. 422/2009 for the
demolition, alterations and additions and use of the existing warehouse
building as a Place of Public Worship and construction of a car park at the
rear of the site and associated signage on land at 83 Wentworth Avenue,
Wentworthville as shown on approved plans, for a period of three years from
the date of the Notice of Determination, subject to conditions of consent
contained in Attachment 1.
The amendment was put and lost.
The motion was put and carried.
Division The result being:-
Ayes Councillors P B Barber, A Bide, J Chedid, M
Lack, C X Lim, S Lloyd, M McDermott and L E Wearne.
Noes Councillor G Elmore, J D Finn, P J Garrard
and P Maitra.
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City Development
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10.1
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SUBJECT Proposed
consultation plan for 2 Morton Street, Parramatta
REFERENCE F2005/01017
- D01349707
REPORT OF Manager
Land Use and Transport Planning
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11131
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RESOLVED (Chedid/Lloyd)
(a) That Council endorse the
consultation plan as included in Attachment 1 subject to the following:
1. That
all activities undertaken as part of the community consultation process be
driven by a very clear objective that Parramatta City Council’s role is to
assess and determine the Planning Proposal and the landowner is the proponent
of the proposal. These roles should be very clear and guide the ongoing
management and structure of the consultation of stakeholders.
2. That
Council staff be responsible for reviewing any exhibition material for the
purposes of the statutory exhibition before it becomes part of public record.
3. That
Council host all statutory exhibition material on its website and any link to
a separate web site prepared by the landowner be clearly labelled as such and
the role of the landowner being different to Council’s as the proponent of
the project.
4. The
Community Newsletter to be prepared by the landowner referred to in page 5 of
attachment 1, should be differentiated from the standard notification letter
sent to local residents by Council. The standard notification letter should
be sent by Council and funded by Fraser’s.
5. That
engaging stakeholders, or other supplementary activities outside of the
statutory process is a decision for and responsibility of the landowners and
separate to the statutory exhibition process.
(b) Further,
that the consultation plan (as amended by recommendation a above) be
included in the Planning Proposal for 2 Morton Street, Parramatta to be sent
to NSW Department of Planning for consideration.
Division The result being:-
Ayes Councillors P B Barber, A Bide, J Chedid, G
Elmore, J D Finn, P J Garrard, M Lack, C X Lim, S
Lloyd, P Maitra, M McDermott and L E Wearne.
Noes Nil.
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10.2
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SUBJECT Controls
for sex services and restricted premises
REFERENCE F2009/01146
- D01352835
REPORT OF Project
Officer
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11132
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RESOLVED (Chedid/Bide)
(a) That Council
adopt the draft Parramatta DCP for sex services premises and restricted
premises, as amended (Attachment 4).
(b) That a
notice be published in the newspapers to give effect to the plan.
(c) That
appropriate action be pursued with the Department of Planning to seek the DCP
to apply to land covered by Sydney Regional Environmental Plan (SREP) No 28
-- Parramatta and amendment of the DCP to specify this if it is permitted.
(d) Further, that the DCP provisions be
applied as Council policy to the SREP areas in the meantime.
Division The result being:-
Ayes Councillors P B Barber, A Bide, J Chedid, G
Elmore, J D Finn, P J Garrard, M Lack, C X Lim, S
Lloyd, P Maitra, M McDermott and L E Wearne.
Noes Nil.
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Environment
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11.1
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SUBJECT Corporate
Environmental Policy, Objectives and Targets
REFERENCE F2008/00560
- D01347639
REPORT OF Environmental
Management System Coordinator
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11133
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MOTION (Bide/Wearne)
That the report be
noted and no further action be taken in this matter.
AMENDMENT (Barber/Finn)
(a) That
the Draft Corporate Environmental Policy be adopted.
(b)
Further, that the Draft Environmental Objectives and Targets be
adopted to form the basis of a revised Environmental Action Plan.
The amendment was put and carried and on
being put as the motion was again carried.
Note
A notice of motion to rescind this
decision was submitted prior to the conclusion of the meeting.
The notice of rescission was subsequently
considered and defeated as a matter of urgency under Minute No.s 11152 and
11153.
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11.2
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SUBJECT Community
Emission Reductions under the Proposed Carbon Pollution Reduction Scheme
(CPRS)
REFERENCE F2008/00542
- D01349293
REPORT OF Environmental
Management System Coordinator
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11134
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MOTION (Bide/McDermott)
That the report be
noted and no further action be taken on this matter.
AMENDMENT (Finn/Barber)
(a) That
Parramatta City Council write to the Prime Minister, the Minister for Climate
Change, the Leaders of the Liberal Party, National Party and Australian
Greens, Senator Steve Fielding and Senator Nick Xenaphon expressing Council’s
concern that the proposed CPRS will not recognise voluntary action to reduce
emissions by the community, councils and businesses outside the CPRS.
(b)
Further, that the letter call on all parties to amend the CPRS
legislation to ensure that voluntary actions that result in the abatement of
greenhouse gases are considered as additional to mandatory emissions
reduction targets and that CPRS permits are retired for every tonne of
abatement from voluntary action.
The amendment was put and carried and on
being put as the motion was again carried.
Note
A notice of motion to rescind this
decision was submitted prior to the conclusion of the meeting.
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Roads Paths Access and Flood Mitigation
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12.1
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SUBJECT West
Metro Preliminary Environmental Assessment
REFERENCE F2008/03629
- D01349558
REPORT OF Senior
Project Officer - Transport Planning; Project Support Officer
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RECOMMENDATION
(a) That Council receives
and notes the Summary West Metro Preliminary Environmental Assessment.
(b) That Council consider
the implications of West Metro in the preparation of the draft Parramatta LEP
and DCP.
(c) That Council
expresses its in principle support for the West Metro infrastructure.
(d) That Council make a
submission to Sydney Metro highlighting the need to address the:
i) Impact on The Loop and commitment of additional funding for
increased levels of service should the demand warrant this as a result of
increased patronage resulting from the West Metro.
ii) Traffic impact on James Ruse Drive from proposed Camellia
Park & Ride.
iii) Future strategy for the Carlingford Line.
iv) Integration of the Parramatta station and Civic Place
including subterranean uses such as retail and commercial space, and the
proposed worksite boundary.
v) Environmental impact from flooding and contamination in
Camellia and the consideration of the need for dilapidation studies due to
vibrations.
(e) Further, that Council
seeks the support of local Federal MPs, WSROC and the Chamber of Commerce to
lobby the Federal Minister for Infrastructure in securing additional Federal
funding to implement the West Metro.
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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Culture and Leisure
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13.1
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SUBJECT Barton Park Gladstone Street North Parramatta - Proposed Creation of Reserve Trust and Appointment
as Manager of Crown Reserve
REFERENCE F2009/00888
- D01328647
REPORT OF Property
Program Manager
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RECOMMENDATION
(a) That
Council accept the proposal from the
Department of Lands for Council to be appointed Manager of Crown Reserve
R78232 known as Barton Park, Gladstone Street, North Parramatta.
(b) That
the Reserve be named Barton Park (R78232)
Reserve Trust.
(c) That the Council
seal be applied, as appropriate, to relevant documents necessary to effect
the appointment as Manager of Crown Reserve.
(d) Further, that the Department of Lands be advised of Council’s
decision.
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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13.2
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SUBJECT Ponds
Creek Reserve, Dundas
REFERENCE F2004/06841
- D01344030
REPORT OF Property
Program Manager
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RECOMMENDATION
That the Council resolve to publish a notice in the
Gazette to vest the fee simple of Lot 21 DP 28964 in the Council.
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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ADJOURNMENT OF MEETING
In accordance with
Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at
8.39 pm for a period of 10 minutes.
RESUMPTION OF MEETING
The meeting
resumed in the Council Chamber at 8.49 pm, there being in attendance The
Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G
Elmore, J D Finn, M Lack, C X Lim, S Lloyd, P K Maitra, M McDermott and L E
Wearne.
Community Care
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14.1
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SUBJECT Aboriginal
and Torres Strait Islander Advisory Committee Meeting 22nd September 2009
REFERENCE F2005/01941
- D01351324
REPORT OF Community Capacity Building Officer
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11135
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RESOLVED (Lim/Barber)
(a) That
the minutes of the Aboriginal and Torres Strait Islander Advisory
Committee of 22nd September 2009 be received and noted.
(b)
That Council note the Committee’s vote of confidence in Council
Officer Shanene Hogg and her work.
(c) That
it be recommended to the Manager Human
Resources that staff be required to attend Cultural Awareness
training on a needs basis and appropriate to their job function and that
training be also made available to Councillors when requested.
(d) That
Council encourages the Aboriginal and Torres Strait Islander Advisory
Committee to be also available wherever possible to provide or assist in
the training of staff and Councillors if requested and appropriate.
(e) Further
that the Council note there is no request for additional expenditure.
Note
Councillor J Chedid returned to the meeting at 8.51pm
during consideration of this matter.
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City Leadership and Management
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15.1
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SUBJECT Proposal
for Review of Ward Boundaries
REFERENCE F2005/02508
- D01313082
REPORT OF Service
Manager - Council Support
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11136
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RESOLVED (Chedid/Lloyd)
(a) That it be noted Council
recognises it obligations to review its ward boundaries.
(b) Further,
that Council hold a workshop to discuss such issues as alterations to its
ward boundaries, number of wards, numbers in each wards and whether Council
wishes to pursue a popularly elected Lord Mayor.
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15.2
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SUBJECT Fees
and Charges 2009/10 - Events Stallholder Charges
REFERENCE F2008/03720
- D01327288
REPORT OF Manager
- Finance
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11137
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MOTION (Lim/Bide)
(a) That Council adopts fees for stall
holders at Council events as detailed in this report.
(b) That the Council report by
the next Council meeting of 14 December 2009 for implementation by the end of
2009 a new system whereby a list of local not-for-profit organisations are
recognised by the whole of Council as registered to receive a rebate of their
Events Stallholder Charges fees after their event. This list will also be
reviewed at least annually. Eligible local not-for-profit organisations are
to apply to Council for registration on the basis that their activities for
and services to communities within the Parramatta Local Government Area are
in alignment with the Council's aspirations and corporate vision.
(c) Further,
that the Council also report on a suitable internal financial
mechanism such that this rebate system can operate through.
AMENDMENT
(Wearne/McDermott)
(a) That Council adopts fees for stall
holders at Council events as detailed in this report.
(b) Further, that Council hold a workshop
with a view to establishing a fee for not-for-profit and charitable
organisations.
The amendment was put and carried and on being put as the
motion was again carried.
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15.3
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SUBJECT Presentation
of 2008/09 Financial report to the Public
REFERENCE F2004/05862
- D01328893
REPORT OF Manager
- Finance
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RECOMMENDATION
That the 2008/09 Financial Report and the Auditors Report be
received and presented to the public.
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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15.4
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SUBJECT Investments
Report for September 2009
REFERENCE F2009/00971
- D01340489
REPORT OF Manager
- Finance
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RECOMMENDATION
That Council receives and notes
the investments report for September 2009.
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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15.5
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SUBJECT 2009/10
Management Plan - September 2009 Review
REFERENCE F2009/02351
- D01343115
REPORT OF Manager
- Finance
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RECOMMENDATION
(a) That
Council adopt the Chief Executive Officer’s September 2009 Quarterly Review
of the 2009/10 Management Plan and Budget. (Attachment 1).
(b) That
Council adopt the Responsible Accounting Officer’s report on the financial
position of the Council as detailed in Attachments 1 and 2.
(c) Further, that Council adopt the “Four
Pillars” community reporting format, as described within this report,
commencing with the December 2009 Quarterly Management Plan and Budget
Review. (Attachment 3)
NOTE: This matter was adopted under Minute No 11129 – Council
Matters To Be Adopted Without Discussion.
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15.6
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SUBJECT Creation
of a Finance Budget Committee - Appointment of Councillors
REFERENCE F2009/02419
- D01355493
REPORT OF Service
Manager - Council Support
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11138
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RESOLVED (Lim/Lloyd)
That Council appoint Councillors A Bide, J D Finn, M Lack, C
X Lim and L E Wearne to the Finance Budget Committee.
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CLOSED SESSION
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11139
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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:-
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1 Tender 18/2009 for Provision of
Research and Community Consultation Services. (D01325474) - This report is
confidential in accordance with section 10A (2) (c) of the Local Government Act
1993 as the report contains information that would, if disclosed, confer a
commercial advantage on a person with whom the Council is conducting (or
proposes to conduct) business.
2 Report required under section 339
of the Local Government Act 1993 in respect of contractual conditions of senior
staff. (D01349414) - 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.
3 Tender Evaluation report for
Information Technology Finance 23/2009. (D01349500) - This report is
confidential in accordance with section 10A (2) (c) of the Local Government Act
1993 as the report contains information that would, if disclosed, confer a
commercial advantage on a person with whom the Council is conducting (or
proposes to conduct) business.
4 Urgent Legal Matter - 22A Hunter Street, Parramatta. 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.
5 Urgent Legal Matter - 19A Brodie Street, Rydalmere. 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.
6 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.
7 Urgent Legal Matter - 86 Tintern Avenue, Telopea. 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.
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RESUMPTION OF MEETING
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That the decisions of Closed Session be noted as
follows:-
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18.1
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SUBJECT Tender
18/2009 for Provision of Research and Community Consultation Services
REFERENCE F2009/01633
- D01325474
REPORT OF Research
and Consultation Coordinator
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11140
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RESOLVED (Wearne/Lack)
That consideration of this matter be deferred
pending the holding of a workshop to discuss what consultations are being undertaken,
why they are being undertaken together with the provision of relevant
financial information.
|
|
18.3
|
SUBJECT Tender
Evaluation report for Information Technology Finance 23/2009
REFERENCE F2009/01840
- D01349500
REPORT OF Manager
Information Systems
|
|
11142
|
RESOLVED (McDermott/Bide)
That consideration of this matter be deferred pending more
legible attachments together with advice on customers used, demonstrable
value and savings achieved through the new tendering arrangement and any
other relevant supporting information.
|
|
18.4
|
SUBJECT Urgent
Legal Matter - 22A Hunter Street, Parramatta
REFERENCE F2009/02708
FROM Legal Support
Officer
|
|
11143
|
RESOLVED (Finn/Lim)
That Council instruct
Council’s solicitors to submit to the Court that the matter be set down for
hearing at the callover of the matter on 27 November 2009.
|
|
18.5
|
SUBJECT Urgent
Legal Matter - 2 Class 1 Appeals - 19A Brodie Street, Rydalmere
REFERENCE F2008/00035
FROM Legal Support
Officer
|
|
11144
|
RESOLVED (Finn/Lim)
That Council instruct
Council’s solicitors to submit to the Court that the matter be set down for
hearing at the callover of the matter on 27 November 2009.
|
|
18.6
|
SUBJECT Urgent
Legal Matter - 80 Dunlop Street, Epping
REFERENCE F009/017257
FROM Legal Support
Officer
|
|
11145
|
RESOLVED (Wearne/Finn)
That Council receive and note this report.
|
|
18.7
|
SUBJECT Urgent
Legal Matter - 86 Tintern Avenue, Telopea
REFERENCE F2009/02687
FROM Legal Support
Officer
|
|
11146
|
RESOLVED (Finn/Wearne)
That Council instruct Council’s solicitors to submit to the
Court that the matter be set down for hearing at the callover of the matter
on 25 November 2009.
|
QUESTION TIME
|
1
|
SUBJECT Eradication
of Feral Cats
REFERENCE F2004/07549
FROM Councillor S Lloyd
|
|
11147
|
Councillor Lloyd requested advice on any
action taken to reduce the incidence of feral cats in the vicinity of the Parramatta Town Hall and the rest of the Local Government Area.
The Group Manager Outcomes and Development advised that
action had been taken to protect the bins in the area and interviews were
taking place to determine the location of the cats including the visitation
of several relevant properties.
|
|
2
|
SUBJECT Present
Position with Respect to Section 96 Report - 17 Bridge Street, Rydalmere
REFERENCE DA/501/2004/A
FROM Councillor C X Lim
|
|
11148
|
Councillor Lim sought advice on the present
position with respect to the Section 96 Application for 17 Bridge Street,
Rydalmere.
The Group Manager Outcomes and Development advised that a
report would be provided to the Council Meeting to be held on 7 December
2009.
|
|
3
|
SUBJECT Eradication
of Feral Cats (2)
REFERENCE F2004/07549
FROM Councillor M McDermott
|
|
11149
|
Councillor McDermott agreed with Councillor
Lloyd’s earlier question and advised that the problem of feral cats in
Telopea was particularly bad and was causing health problems.
|
|
4
|
SUBJECT 2nd
Round of Community Infrastructure Funding
REFERENCE F2007/01165
FROM Councillor G
Elmore
|
|
11150
|
Councillor Elmore advised that it was his
understanding that projects had to be lodged for the 2nd Round of
Infrastructure Funding by 30 October 2009 and questioned whether Council’s
projects had been considered.
The Lord Mayor advised that Council’s projects were being
evaluated and added that a report would be submitted to the next appropriate
Council Meeting.
|
|
5
|
SUBJECT Future
of Question Time
REFERENCE F2008/04592
FROM Councillor P B
Barber
|
|
11151
|
Councillor Barber sought confirmation that
as a result of a direction by the Department of Local Government, Question
Time may no longer be permitted on Council agendas.
The Lord Mayor advised in the affirmative and added that a
change to Council’s Code of Meeting Practice would be required.
|
RESCISSION MOTIONS
The Lord Mayor advised that prior to the conclusion of the
meeting, the following notices of rescission had been lodged:-
1. A
notice of motion to rescind Item 11.1 of Environment regarding the Corporate
Environmental Policy, Objectives and Targets by Councillors L E Wearne, A Bide
and J Chedid;
2. A
notice of motion to rescind Item 11.2 of Environment regarding the Community
Emission Reductions under the Proposed Carbon Pollution Reduction Scheme (CPRS)
by Councillors A Bide, L E Wearne and C X Lim.
MATTER OF URGENCY
11152 RESOLVED (Elmore/Lack)
That the notice of motion
to rescind Item 11.1 be considered as a matter of urgency.
The Lord Mayor
ruled that the matter was one of urgency.
|
1
|
SUBJECT Corporate
Environmental Policy, Objectives and Targets
REFERENCE F2008/00560
FROM Environmental
Management System Coordinator
|
|
11153
|
MOTION (Elmore/Lack)
That the resolution of the Ordinary Council Meeting held
on 23 November 2009 regarding the Corporate Environmental Policy, namely:-
“(a) That
the Draft Corporate Environmental Policy be adopted.
(b) Further, that the Draft Environmental Objectives and Targets be adopted
to form the basis of a revised Environmental Action Plan.”
be and is hereby rescinded.
The motion was put and lost.
Note
Councillors A Bide, M McDermott and L E Wearne retired from the meeting during consideration of this matter at 10.17 pm.
Further Note
Councillors J Chedid and S Lloyd retired
from the meeting at 10.18 pm immediately following consideration of this
matter.
|
LOSS OF QUORUM
With the departure of Councillors A Bide, J Chedid, S Lloyd,
M McDermott and L E Wearne, there remained in the Chamber The Lord Mayor,
Councillor P J Garrard and Councillors P B Barber, G J Elmore, J D Finn, M A
Lack, C X Lim and P K Maitra.
There being only 7 remaining Councillors in the Chamber, the
Chamber no longer had a quorum requiring the meeting to adjourn.
The meeting adjourned at 10.18 pm
In accordance with Section 12(3)a of the Code of Meeting
Practice, the Lord Mayor, Councillor P J Garrard subsequently adjourned the
meeting until 10.37 pm on 23 November 2009.
RESUMPTION OF
MEETING
The meeting resumed in the Council Chambers at 10.37 pm on
23 November 2009, there being in attendance the Lord Mayor, Councillor P J
Garrard in the Chair and Councillors P B Barber, J Chedid, G J Elmore, M Lack,
P Maitra, M McDermott and L E Wearne.
There being a quorum present, the Lord Mayor, Councillor P
J Garrard ruled the meeting closed at 10.37 pm.
THIS PAGE AND THE PRECEDING 19 PAGES
ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 23
NOVEMBER 2009 AND CONFIRMED ON MONDAY, 7 DECEMBER 2009.
Lord Mayor