Minutes of Ordinary Council - 14 December 2009

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 14 December 2009 AT 6:56pm

PRESENT

The Lord Mayor, Councillor P J Garrard, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber (arrived 7.05 pm), J D Finn, A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor P J Garrard acknowledged the Burramatugal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

MINUTES

SUBJECT Minutes of the Regulatory Council Meeting held on 7 December 2009

11193

RESOLVED (Chedid/Lim)

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

DECLARATIONS OF INTEREST

1 Councillor A Issa OAM declared a pecuniary interest in relation to Item 8.4 of Regulatory regarding the Section 96(1) Application submitted in respect of 35 Lansdowne Street, Merrylands as he is a Director of the company that owns the subject site.

2 Councillor P Esber declared a non pecuniary interest in relation to Item 9.2 of City Development regarding City Centre Planning Controls - Eastern Precinct land bounded by the Parramatta River, Parkes Street, Charles Street and Harris Street as an owner of the site is a neighbour of Councillor Esber’s.

LORD MAYORAL MINUTES

SUBJECT Strengthening Engagement with the Royal Agricultural Society for the purpose of Developing Cross Promotional Opportunities

REFERENCE F2008/00400

FROM The Lord Mayor, Councillor P J Garrard

11194

RESOLVED (Garrard/Lim)

(a) That Council accept the invitation from the Royal Agricultural Society to collaborate on a number of cross-promotional initiatives planned for the 2010 Royal Easter Show.

(b) Further, that Council officers liaise with the Royal Agricultural Society to develop cross-promotional opportunities, such as holding a joint pre-event launch, participation in the official opening ceremony, hosting a local community day and the provision of discounted pre-sales ticket offers to ratepayers.

NOTE: Councillor P Esber arrived at the meeting at 7.05 pm during consideration of this matter.

PUBLIC FORUM

11195 RESOLVED (Lack/Barber)

That Council hear an additional Public Forum question from Ms Yaara concerning the Draft LEP.

Note

The Lord Mayor advised that the questions would be considered and a response provided in due course.

SUBJECT Customers Compliments and Complaints Policy

REFERENCE F2005/02436

FROM Mr Bruce Berry

11196

QUESTIONS

By Mr Bruce Berry:-

“I raise the following matters for consideration when this item is being discussed later in this meeting.

1. I ask Council to prove its claim that the policy will be consistent with the NSW Ombudsman’s Complaints Handlers Toolkit when:-

a. The Toolkit gives no indication that complaints will not be accepted unless there are outcomes from decisions. It does not rule out complaints about potential outcomes from decisions or about decision making in general.

b. The Toolkit does not reject complaints about development applications.

2. How can the report claim that the draft policy has updated the definition of a complaint to include “dissatisfactions with the outcomes of a Council decision”, when it has downgraded the current situation by placing limitations on it. Until now there have been no restrictions on complaints about decision making and this also seems to be supported by the Local Government Act.

3. The report speaks of Council’s legal right or responsibility to make decisions, even though these issues are not mentioned in the Toolkit. However, it ignores the additional responsibility of providing reasons for the decisions. No attempt is made to define what a lawfully made decision is.

4. Unanswered matters from my letters of 2 November 2009. I submitted this letter for consideration at the workshop. There is no evidence in the report that the workshop had any input into the draft policy.

a. The policy will not accept complaints on development applications, but compliments are acceptable. This is discrimination.

b. Other policies have been exhibited for public comment, so why not the C & C policy, which affects the Public so much?

c. The C & C policy does not allow complaints on DAs, but the Code of Meeting Practice does.

d. Does the non acceptance of complaints on DAs also apply to construction stages of the development?

e. What processes are in place to ‘capture’ complaints, as referred to in the policy, and why do they not appear to be working in so many cases of lack of response?

f. If it is true that ‘the proposed changes do not intend to exclude any matters from consideration’, why is it that complaints on DAs and also complaints on potential outcomes of decisions, will not be considered?

g. The policy ‘applies to all areas of Council’, so why not all areas of Development Services? “

RESPONSE

By Michael Quirk - Manager Service Audit Review:-

“The proposed minor changes to the policy are aimed at providing a more clear distinction between a complaint about a service or the actions of an officer, and a request for information or an appeal about a decision that has been made.

1. The Ombudsman’s Complaint Handler’s Toolkit, which includes the Effective Complaint Handling Guidelines, provides a model approach to complaint handling that sets out essential features of a complaint management system. The Toolkit is not prescriptive and neither includes nor excludes potential outcomes from decisions or development applications. In relation to submissions about development applications or reporting unauthorised development action, the NSW Ombudsman does however provide separate specific advice in their Council Fact Sheets 1 and 2.

2 Changes to the definition of a complaint aim to clarify what matters will be covered and managed by the policy, and has not of itself “downgraded” any situation or placed any limitations on submissions to Council. One principal test of an effective complaint handling system identified in the Ombudsman’s Toolkit is that it helps to resolve customer dissatisfaction about the service they receive or believe they should receive. Council’s existing and proposed policy aim to pass this test.

3 Council is empowered and required under various legislation to make decisions in order to deliver on its responsibilities to the community. The Complaint Handler’s Toolkit does not provide guidance on how Council should undertake its decision-making responsibilities.

The Toolkit does offer guidance on what may be excluded from the definition of a complaint which includes:

A request for information or explanation of policies or procedures;

The lodging of an appeal in accordance with a standard procedure or policy (unless this is recorded as a complaint about the agency’s decision-making).

The recent Practice Note 9 on Complaints Management from the Department of Local Government further expands on the initial suggestions of the NSW Ombudsman to define what is not a complaint including:

“A submission relating to the exercise of a regulatory function (eg an objection to a development application or a submission on a policy).”

A member of the public may write to Council requesting information about, or reasons for a particular decision. This is not considered a complaint. If Council fails to provide the requested information, such failure may be subject to complaint.

4 A response has recently been provided to Mr Berry’s letter of 2 November 2009 and the following provides a summary:

o The Customer Compliments and Complaints Policy is not intended as an additional avenue for submissions regarding development applications which are currently subject to a regulatory framework for submissions, and are able to be addressed in Public Forum;

o There is no legislative requirement to exhibit changes to the policy and the proposed changes were considered minor, however submissions have been received and considered;

o Complaints about Council’s response to unlawful activity, including during the construction phase of a development, is covered by the Policy;

o Complaints covered by the policy are recorded in one of two systems which provide for accountability of actions and reporting of outcomes and trends;

o The Customer Compliments and Complaints Policy does apply to all areas of Council including Development Services.”

SUBJECT Draft LEP and Dept of Planning's Comments - Louis Street, Granville and Woodville Ward

REFERENCE F2006/01198

FROM Ms Y B Melhem

11197

QUESTIONS

“I’d like to bring a matter before Council regarding the Draft LEP and the Department of Planning’s comments on the matter.

I am a resident of the Woodville ward, I own land on Louis Street and I’m representing a number of other residents and landowners of properties in the Woodville ward some of whom are here tonight.

On there behalf I would like to say the Residents and Landowners of Louis St and John St bounded by Blaxcell St and The Avenue disagree and protest against the Department of Planning’s failure to support the R4 High Density Residential Zoning for that block as put forward by Parramatta City Council in its Draft LEP plan.

I’m concerned that you as Council men and women as our representatives have put forward this Draft LEP and it’s not being fully supported. We elect you to the Council with a view to seeing that we are adequately represented by you. You are all familiar with the Woodville Ward and the surrounding suburbs. You know our needs, you know what facilities, shopping complexes, public transport and educational institutions we have. You recommended R4 zoning of this block with all this in mind. As our representatives we expect you to take this up with higher levels of government.

We argue R4 zoning is justified for this block for the following reasons:-

There are many facilities nearby:-

There is a Woolworths on the corner of Blaxcell and Louis Street.
A gym on Louis Street.
Granville TAFE is a five minute walk away, just up The Avenue.
This block is also adequately serviced by public transport. Granville train station is 7 to 8 minutes walk away. There are also a couple of bus stops which have regular service along through Blaxcell Street, Louis Street and The Avenue.
The Granville business community on South Street is increasingly growing and will benefit from R4 Density zoning and the patrons it would bring them from this block.
There are many business’s that are R4 zoning will help such as restaurants, service stations, mixed business and little grocers on Blaxcell Street and The Avenue.

This is clearly a block that can easily justify R4 zoning. It will not just be an isolated R4 block. There is public transport available, educational facilities nearby and many small business that would benefit greatly from R4 density zoning.

This block is already made up of mixed zone properties. There are residential 3 storey apartment blocks alongside single and double-storey dwellings as well as vacant lots. In particular there is a vacant lot of land in the middle of this block. These vacant lots are vacant for no good reason.

There is a need for affordable housing in Sydney. The Council has put forward the Draft LEP with a view to accommodating the future needs of our community. How can we expect to accommodate future housing needs of the community if development in these areas isn’t allowed to take place? This block is an ideal area for development because of its proximity to shopping complexes, public transport and educational institutions.

I have a petition here with the signatures of almost 150 people who support R4 High Density residential zoning. The Council already has a copy of this petition. We got these signatures in just one day. If the Council would like another copy of this petition or if you’d like more signatures we could organise this. In its Draft LEP, the Council put forward R4 residential zoning of this block. Why isn’t this matter being supported and what is the Council going to do to see the realizations of this proposal? We’d like to see urgent action from the Council on this.”

PETITIONS

SUBJECT Proliferation of Brothels Throughout the Community especially in the Rydalmere Industrial Area

REFERENCE F2004/06492

FROM Mr Ahmad and others

11198

RESOLVED (McDermott/Chedid)

That the petition be received and noted.

SUBJECT Speeding Vehicles - Rosebery Road, Guildford - Request for Speed Humps

REFERENCE F2004/07364

FROM Ms A Truong and others

11199

RESOLVED (Elmore/Maitra)

(a) That the petition be received and referred to the appropriate officer for report.

(b) Further, that a chronological order of similar petitions submitted over the past year, including advice on action taken, be provided to Councillors.

SUBJECT Request for 40 KMH Flashing Lights in front of St Olivers Primary.

REFERENCE F2004/07364

FROM Principal of St Oliver’s Primary and others

11200

RESOLVED (Chedid/Lloyd)

(a) That the petition be noted and Council’s Traffic Section make appropriate representations to the Roads and Traffic Authority and the Parramatta Traffic Committee.

(b) That Council’s local State and Federal Members be requested to make supporting representations on Council’s behalf.

RESCISSIONS MOTIONS

SUBJECT Rescission Motion - Community Emission Reductions under Carbon Pollution Reduction Scheme (CPRS)

REFERENCE F2008/00542

FROM Councillors Wearne, Bide and Lim. Also Environmental Management System Coordinator Memorandum dated 9 December 2009.

11201

MOTION (Wearne/Lim)

That the resolution of the Ordinary Council Meeting held on 23 November 2009, regarding Community Emission Reductions under Carbon Pollution Reduction Scheme (CPRS), namely:-

“(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.”

be and is hereby rescinded.

The motion was put and lost.

SUSPENSION OF STANDING ORDERS

11202 RESOLVED (Chedid/McDermott)

That Standing Orders be suspended to enable consideration of an urgent motion relating to the use of the words “Merry Christmas” on Council banners and documents.

The Lord Mayor ruled the matter was one of urgency.

SUBJECT Use of the Words "Merry Christmas" on Council Banners and Documents.

REFERENCE F2009/00191

FROM Councillor J Chedid

11203

RESOLVED (Chedid/McDermott)

(a) That Parramatta City Council ensure that the words “Merry Christmas” are reinstated on Council banners and on Council’s website.

(b) That Council’s Media and Communication Departments ensure that all media releases, booklets and leaflets have the words “Merry Christmas” highlighted.

(c) That Council staff by midnight 21st December 2009 cover over the words “Seasons Greetings” on all banners within the City Centre with the words “Merry Christmas”. Such action is to be carried out in the most practical means necessary given the tight timeframe. In subsequent days, a more permanent solution is to be found to ensure that the words “Merry Christmas” last until the end of the Christmas season when the banners are taken down.

(d) Further, that Council staff, in consultation with Councillors, design a new range of banners, that will clearly display the words “Merry Christmas” and that equally illustrate:-

1. The traditional notion of Christmas;

2. The nativity version and traditional Christian notion of Christmas.

Note

A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

RESUMPTION OF STANDING ORDERS

11204 RESOLVED (Barber/Wearne)

That Standing Orders be resumed.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

11205 RESOLVED (Lim/Esber)

That Items 9.1, 9.3 and 9.5 of City Development, Item 10.2 of Roads Paths Access and Flood Mitigation, Items 12.1 and 12.2 of Community Care and Items 13.3, 13.5, 13.6 and 13.7 of City Leadership & Management be adopted without discussion in accordance with the staff recommendations.

DIVISION The result being:

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

NOES Nil.

Regulatory Reports

8.1

SUBJECT Notifications DCP

REFERENCE F2004/06278 - D01264110

REPORT OF Manager Development Services

11206

RESOLVED (Finn/Lack)

(a) That Council endorse the draft Notification DCP in Attachment 1 for public exhibition for a period of 28 days as required by the Environmental Planning and Assessment Act 1979 with the following alterations:-

1. Retention of the 21 day advertising period for development applications ;

2. In Section 6.1, the deletion of the words “(as appropriate” and the addition of the words, at the end of Point 6.1 “Adjoining neighbours will be notified of any amendments .”

3. Retention of the no advertising period between 17 December and 14 January.

(b) That at the conclusion of the public exhibition period Council consider any submissions and determine if it wishes to make any changes to the draft DCP.

DIVISION The result being:

NOES Nil.

8.2

SUBJECT 10 Marsh Street Clyde (Lot 8 DP 4593) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and additions to an existing brothel including the provision of an additional 57m2 of first floor space, to be used for the purposes of an additional rest area and locker room for the sex workers.

REFERENCE DA/486/2009 - Submitted 30 July 2009

APPLICANT/S Sugar Babbies C/O Frank Cozzupoli of Idraft Plans Pty Ltd

OWNERS Mr and Mrs Florian

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a brothel.

11207

RESOLVED (Issa/Lim)

(a) That Council as the consent authority refuse development consent Development Application No. 486/2009 for internal alterations to a brothel at 10 Marsh Street Clyde for the following reasons:

1 Inadequate justification for the additional staff lounge area and locker room has been submitted with the application. The development is likely to result in the intensification of the use as the existing rest area, dining area and kitchen at the ground floor level will become obsolete and these areas may be used as additional client service rooms.

2 The proposed development is contrary to the public interest.

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

DIVISION The result being:

NOES Nil

8.3

SUBJECT 19 Brodie Street Rydalmere (Lot 180 DP 14244) (Elizabeth Macarthur Ward)

DESCRIPTION Alterations and additions to a commercial building which contains an approved brothel and a take away shop. The application seeks approval to increase the number of client service rooms in the brothel from 2 to 8 and the number of sex workers from 2 to 12. Alterations and additions are proposed at both the ground and first floor levels.

REFERENCE DA/513/2009 - Submitted 5 August 2009

APPLICANT/S Mr Xing Xing Wei

OWNERS Mr X X Wei & Ms C M Xu

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a brothel.

11208

RESOLVED (Wearne/Issa)

(a) That Council as the consent authority refuse Development Application No. 513/2009 which seeks approval to an enlargement of a existing brothel at 19 Brodie Street Rydalmere for the following reasons:

1 The site is unsuitable for the proposed development as sufficient car parking cannot be provided in a safe location.

2 The development is inconsistent with the objectives of the Business and Transport Centre zone as insufficient on site car parking has been provided and the signage is inconsistent with the character of the area.

3 The proposed signage is inconsistent with the requirements of State Environmental Planning Policy No. 64 (Advertising and Signage).The colours of the proposed signs are not consistent with the architectural character of the streetscape and the signs would be a prominent feature in the streetscape.

4 The development fails to satisfy the requirements of Clause 40K – ‘Transport and Accessibility’ of Sydney Regional Environmental Plan No. 28 as a traveller information guide and traffic management plan has not been prepared and facilities for bicycle parking have not been provided.

5 The development fails to satisfy the requirements of Clause 40O – ‘Building design’ of Sydney Regional Environmental Plan No. 28 as a northern elevation plan was not submitted with the application, the building lacks articulation, the building will not be water and energy efficient, a roof plan has not been submitted and no details have been submitted regarding the sustainability of the construction materials.

6 The development fails to satisfy the requirements of Clause 40U – ‘The Rydalmere Station and Environs Special Area’ of Sydney Regional Environmental Plan No. 28. The development fails to provide adequate on site car parking and no information has been submitted to demonstrate how the development minimises the need for vehicle parking or how the use of public transport will be promoted.

7 The development fails to satisfy the requirements of Clause 79 – ‘Brothels’ of Sydney Regional Environmental Plan No. 28. The brothel is of excessive size, the proposed signage is incompatible with the streetscape, and inadequate on site car parking has been provided.

8 The development fails to satisfy the requirements of Clause 89 – ‘Other ecological sustainability development controls’ of Sydney Regional Environmental Plan No. 28.

9 The development fails to comply with the requirements of Council’s Policy for Sex Services and Restricted Premises.

 The number of employees is excessive being >10

 The hours of operation do not comply with the requirement that premises be closed between 2.00am and 7.00am

 The location of the new entrance from the rear lane is unsafe, the privacy wall and landscaping create concealment spaces

 The size and design of the signage is unacceptable

 The number of suitably designed car spaces is insufficient

 Insufficient detail has been provided regarding landscaping, lighting, and security measures.

10 The application documentation fails to satisfy the requirements of Schedule 1 of the Environmental Planning and Assessment Regulation 2000.

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

DIVISION The result being:

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

NOES Councillor A Bide.

Note

Councillor P B Barber left the meeting at 8.20pm during consideration of this matter.

8.4

SUBJECT 35 Lansdowne Street, Merrylands
(Lot 1 HCP 136) (Woodville Ward)

DESCRIPTION Section 96(1) application to an approved townhouse development with basement carparking. The modification includes deletion of the deferred commencement condition under Schedule 1 relating to the removal of a tree located within the adjoining property.

REFERENCE DA/1940/2003/B - 16 November 2009

APPLICANT/S Mr F Monzer

OWNERS Issa Holdings Pty Limited

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The site subject of the application is owned by a Councillor.

11209

RESOLVED (Lloyd/Lim)

That Council as the consent authority, modify development consent No. 1940/2003 in the following manner:-

1. Remove the deferred commencement consent.

2. Addition of the following condition being Condition No 24a :-

“24a. Prior to any works including excavation being undertaken within 4m of the trunk of the Grevillea robusta (Silky Oak) tree located on the eastern boundary within 37 Lansdowne Street, Merrylands, a tree removal application, comprising of the relevant owner’s signature/s is required to be submitted to and approved by Council for the removal of the tree.

If approval from the owner of No 37 Lansdowne Street, Merrylands cannot be obtained the basement area of the development is required to be redesigned to ensure that it is setback a minimum of 4m from the trunk of the Grevillea robusta (Silky Oak) tree located within No 37 Lansdowne Street, Merrylands.Should this redesign involve any modifications to carparking number, reduction in setbacks to any boundaries or modification to the other levels of the development at ground floor or above, then a separate Development Application or a Section 96 application is required to be submitted to Council for determination.

Should the basement be redesigned, all excavation within 4m from the trunk of the Grevillea robusta (Silky Oak) located within No 37 Lansdowne Street, Merrylands is to be supervised by an AQF Level 3 arborist, who is to undertake remedial work, if necessary.

Reason: To provide adequate protection of trees.”

DIVISION The result being:

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

NOES Nil

NOTE: Councillor A Issa OAM declared a pecuniary interest in relation to this matter as his company owns the subject site and temporarily retired from the meeting during consideration and voting on this issue.

8.5

SUBJECT Draft Voluntary Planning Agreement in relation to development at Nos 116-124 Church Street, Parramatta.

NOTE: The draft VPA refers to 114-124 Church Street, Parramatta. However the correct address is 116-124 Church Street, Parramatta.

REFERENCE F2009/02397 - D01396129

REPORT OF Project Officer, Land Use &Transport Planning. Also Group Manager Outcomes and Development Memorandum dated 10 December 2009.

11210

RESOLVED (Issa/Lim)

(a) That items 8.5 and 8.6 be dealt with in conjunction with each other.

(b) That Council approve the Section 96(2) modification subject to appropriate conditions of consent and conditional upon:-

1. The applicant entering into a Voluntary Planning Agreement with Council.

2. That prior to the issue of the first construction certificate for work to which this consent relates, the applicant shall enter into such an agreement in such terms of the offer made by the applicant in connection with the subject development application and all works shall be carried out in accordance with the Voluntary Planning Agreement.

3. That prior to the issue of the first construction certificate the developer must register the Voluntary Planning Agreement on the relevant folios Torrens Title Register held by the NSW Office of Land and Property Information pertaining to the land.

4. The enclosed balconies being replaced with operable louvered shutters to the satisfaction of Council.

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

DIVISION The result being:

NOES Nil

Note

Councillor P B Barber returned to the meeting at 8.24pm during consideration of this matter.

8.6

SUBJECT 116-126 Church Street Parramatta (Lot 8 DP 548344, Lot 20 DP 979263 and Lots 1 & 2 DP 543456) (Arthur Phillip Ward)

DESCRIPTION Section 96(2) modification to an approved 25 storey mixed use development including the addition of 2 commercial levels, removal of 24 car spaces, changes to the internal layout and changes to the external facade.

REFERENCE DA/565/2004/B - Submitted 14 July 2009

APPLICANT/S Joshua International Pty Ltd

OWNERS Glory Property Development (Australia) Pty Ltd

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The applicant has been in negotiations with Parramatta City Council to enter into a voluntary planning agreement under Section 93f (2) of the Environmental Planning and Assessment Act in respect of dedication of land to Council. A separate report on this matter is being prepared by Council’s Land Use and Transport Planning Unit.

NOTE: This matter was considered in conjunction with Item 8.5 of Regulatory Reports – Minute No 11210 refers.

8.7

SUBJECT 19 Brodie Street Rydalmere (Lot 180 DP 14244) (Elizabeth Macarthur Ward)

REFERENCE DA/512/2009

DESCRIPTION Increase the number of client service rooms and sex workers in an approved brothel from 2 to 3.

REFERENCE DA/512/2009 - Submitted 5 August 2009

APPLICANT/S Mr Xing Xing Wei

OWNERS Mr X X Wei & Ms C M Xu

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

The application relates to a brothel.

11211

RESOLVED (McDermott/Chedid)

That consideration of this matter be deferred.

DIVISION The result being:

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

NOES Councillor L E Wearne.

8.8

SUBJECT 49 Keeler Street, Carlingford(Lot 14 DP 8181) (Lachlan Macquarie Ward)

REFERENCE DA/428/2009

DESCRIPTION Demolition of existing structures, tree removal and construction of a 2 storey dwelling and front fence.

REFERENCE DA/428/2009 - 6 July 2009

APPLICANT/S Lifestyle Designer Homes Pty Ltd

OWNERS Mr J N Chen and Mrs W H Chen

REPORT OF Manager Development Services. Also Senior Development and Certification Officer Memorandum dated 11 December 2009.

REASON FOR REFERRAL TO COUNCIL

The application has been referred to Council as the application seeks a variation greater than 10% to the height control of Clause 39 of Local Environmental Plan 2001.

Also, Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report pending further advice.

11212

RESOLVED (Wearne/Issa)

(a) That Development Application No 428/2009 for demolition of the existing structures, tree removal and the construction of a 2 storey dwelling and front fence at 49 Keeler Street, Carlingford be approved subject to the conditions of consent in Attachment 1 of this report and an additional condition requiring that no access be available to the sub floor area.

(b) That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1.

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, P K Maitra and L E Wearne.

NOES Councillors J Chedid, C X Lim, S D Lloyd, M McDermott and A A Wilson.

8.9

SUBJECT 25 Calder Road, Rydalmere NSW 2116 (Lot 1 DP 21397) (Elizabeth Macarthur Ward)

REFERENCE DA/105/2009

DESCRIPTION Demolition, tree removal and construction of a 2 storey dual occupancy development.

REFERENCE DA/105/2009 - Submitted 4 March 2009

APPLICANT/S Mr M Ahumada

OWNERS Mr J H Cho

REPORT OF Manager Development Services. Also Manager Development Services Memorandum dated 11 December 2009.

REASON FOR REFERRAL TO COUNCIL

The matter is referred to Council due to the number of submission received.

Also, Council at its meeting held on 7 December 2009, in considering this matter resolved to defer this report until questions raised in Public Forum have been answered.

11213

RESOLVED (Issa/Lim)

That consideration of this matter be deferred pending the conclusion of the re-notification of the development application.

DIVISION The result being:

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

NOES Councillors P B Barber, J Chedid, M D McDermott and A A Wilson.

City Development

9.1

SUBJECT Review of the Public Domain Design Reference Panel

REFERENCE F2006/01048 - D01397126

REPORT OF Place Manager

RECOMMMENDATION

(a) That the Draft Public Domain Design Consultation Guidelines be adopted by Council.

(b) Further, that the Public Domain Design Reference Panel be disbanded.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

9.2

SUBJECT City Centre Planning Controls - Eastern Precinct land bounded by the Parramatta River, Parkes Street, Charles Street and Harris Street.

REFERENCE F2006/00601 - D01399760

REPORT OF Manager Land Use and Transport Planning

11214

RESOLVED (Maitra/Chedid)

( 9.2 maitra. Chedid

(a) That Council note the contents of the report contained in Attachment 1 relating to the floor space ratio controls for the area bounded by the Parramatta River, Park Street, Charles Street and Harris Street.

(b) Further, that should Council wish to progress this matter to prepare a formal Planning Proposal, this work consider the additional matters of height, built form, urban design, traffic, impacts upon the public domain and amenity as well as any potential amendments arising that may be required to the City Centre DCP.

DIVISION The result being:

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

NOES Councillor P B Barber.

Note

1. This matter was brought forward and considered immediately after Council Matters Adopted Without Discussion.

2. Councillor Esber declared an interest in this matter as an owner of the site is his neighbour and temporarily retired from the meeting during consideration and voting on this issue.

9.3

SUBJECT Revised DCP controls for 2 Morton Street DCP

REFERENCE F2005/01017 - D01400413

REPORT OF Project Officer- Strategic Land Use Planning

RECOMMENDATION

(a) That Council adopt the updated draft DCP for 2 Morton Street to be exhibited concurrently with the Planning Proposal and Voluntary Planning Agreement for the site based on Attachment 1 as amended with the diagram in Attachment 2.

(b) Further, that the draft DCP be formatted as a site specific DCP for this purpose.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.40 pm for a period of 17 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.57 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, C X Lim, S Lloyd, M McDermott, P Maitra, L E Wearne and A A Wilson.

9.4

SUBJECT Draft Parramatta Development Control Plan

REFERENCE F2009/01146 - D01400576

REPORT OF Project Officer -Land Use and Transport Planning

11215

RESOLVED (Esber/Issa)

(a) That Council endorse the draft Parramatta DCP in Attachment 2.

(b) That the draft Parramatta Development Control Plan (DCP) be placed on public exhibition with the draft Parramatta LEP for a period of 6 weeks.

(c) That the draft Parramatta DCP be updated prior to exhibition to incorporate the same controls as the stand-alone DCP for Places of Public Worship, once these are finalised by Council.

(d) Further, that the CEO be authorised to make minor formatting, grammatical and referencing corrections to the draft Parramatta DCP, should they be required prior to exhibiting the plan without the need for further Council endorsement.

DIVISION The result being:

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

NOES Councillors J D Finn and M D McDermott.

NOTE: Councillor Finn requested that her objection to part (c) of the resolution be recorded.

9.5

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01401791

REPORT OF Project Officer

RECOMMENDATION

That the minutes of the Heritage Advisory Committee meeting of 21 October 2009 be received and noted.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

Roads Paths Access and Flood Mitigation

10.1

SUBJECT Parramatta Traffic Committee Meeting minutes held on 26 November 2009

REFERENCE F2008/05091 - D01401474

REPORT OF Manager Traffic and Transport

11216

RESOLVED (Chedid/McDermott)

That the minutes of the Parramatta Traffic Committee meeting held on 26 November 2009 be adopted with the following alteration:-

1. In relation to Item 0911 A6 regarding Anderson Avenue and Rippon Avenue, Dundas – Proposed Parking Restrictions - part 1(a) of the recommendation be deleted and 1(b) of the recommendation be altered to read:-

“That all of the parking on both sides of Anderson Avenue and Rippon Avenue have a “2 Hour Parking 8am to 6pm Monday to Friday – Permit Holder Excepted’ restriction.”

10.2

SUBJECT Traffic Engineering Advisory Group meeting held on 26 November 2009

REFERENCE F2008/05098 - D01401561

REPORT OF Manager Traffic and Transport

RECOMMENDATION

That the minutes of the Traffic Engineering Advisory Group meeting held on 26 November 2009 be adopted.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

10.3

SUBJECT Taxi Use of Bus priority Facilities

REFERENCE F2006/00536 - D01402009

REPORT OF Senior Project Officer - Transport Planning

11217

RESOLVED (Bide/Wilson)

(a) That Council receive and note the report.

(b) That Council does not request the RTA to consider allowing taxis to use bus priority facilities as it would undermine existing bus priority and operation of the interchange and increase traffic congestion.

(c) That Council, for consideration at the Council Meeting on or before 8 March 2010, be provided with a comprehensive report by staff concerning options on how to facilitate the egress of taxis and hire cars from the Parramatta CBD and prevent the unnecessary waiting time costs associated with taxi and hire car users sitting in traffic with cars queuing to leave the city. Although all aspects of taxi and hire car usage and access should be reported, particular attention be given to:-

1 Identifying any previous reports on taxi and hire care integration in the Parramatta City Transport Plan together with related Policies

2 Taxi and hire car egress south out of the Parramatta CBD where they would historically have used Pitt Street, O'Connell Street or Marsden Street, Parramatta. In more simple terms, the RTA has dedicated access to these roads with Bus Only Lanes which taxis and hire cars are not permitted to use, "how do we as a Council suggest to taxi and hire car operators to egress the Parramatta City CBD?"

3 Designing and developing a Priority Taxi and Hire Car Corridor where taxis and hire cars could comfortably follow routes out of the Parramatta City CBD providing taxi and hire car users and operators with comfort that they are taking the safest, most efficient and cost effective route out of the city.

4 Reporting on the taxi ranks and how they interlink with Bus, Train and Loop Bus Routes.

5 Seeking input from the Parramatta City Council Access Advisory Committee.

6 Ensuring that the Parramatta City Council Way Finding Project is maintained in accordance with advice from the Taxi Council and local operators in relation to the location of taxi ranks.

(d) That a letter be forwarded to the NSW Taxi Council noting their adoption of recent reforms as introduced by the NSW Government relating to the behaviour of drivers towards members of the public who have attempted to obtain a taxi.

(e) Further, that a report be provided to Council once a response is received from the NSW Taxi Council outlining what proactive measures the Taxi Council is undertaking to assess the behaviour of their drivers.

Culture and Leisure

11.1

SUBJECT Development of a Major Multi Faceted Festival of South Asian Culture for Parramatta.

REFERENCE F2008/00400 - D01403150

REPORT OF Manager City Culture, Tourism and Recreation. Also Manager City Culture, Tourism and Recreation Memorandum dated 11 December 2009.

11218

RESOLVED (Chedid/Issa)

(a) That Council give in-principle support to the proposal to develop a major multi-faceted festival of South Asian culture for Parramatta;

(b) That Council support the establishment of an MOU between Events NSW and Council;

(d) That Council recognise that this opportunity will be delivered by the whole of Council, especially to capitalise on the economic and social benefits of the event;

(e) That Council give in-principle commitment to the direct cash investment by Council in the Festival as detailed in the body of this report;

(f) Further, that Council commit to the in-kind support of other elements for the proposed event including where possible, in-kind support from within relevant budgets.

Community Care

12.1

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee

REFERENCE F2005/01941 - D01403989

REPORT OF Community Capacity Building Officer

RECOMMENDATION

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 27^th October 2009 be received and noted.

(b) That Koori flag be flown outside the Parramatta Town Hall.

(c) That the International Women’s Day event planned for 2010 by Mount Druitt and District Reconciliation Group be endorsed and supported by the Aboriginal and Torres Strait Islander Advisory Committee.

(d) That Council write to the Department of Education and Training and request that they undertake a survey of schools in the area to identify those who undertook the Acknowledgement or Welcome to Country together with details of other support given to Aboriginal students.

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

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

12.2

SUBJECT Harris Park Community Centre

REFERENCE F2004/07265 - D01401995

REPORT OF Community Place Development Officer. Community Capacity Building Team ; Property Program Manager; Manager Land Use and Transport Planning

RECOMMENDATION

(a) That Council address the short term needs of Harris Park Community Centre by spending up to $30,000 to rectify the design faults of the building. The Harris Park Community Centre will contribute $10,000 to this total. Council’s $20,000 contribution will come from Section 94 monies or the Public Halls and Community Centres Minor Works budget.

(b) That Council address the short term needs of Harris Park Community Centre to deliver a range of community services and programs in Harris Park by negotiating a license with them to use the Harry Todd Band Hall, Jubilee Park.

(c) Further that Council investigates longer term options to develop a community centre in Harris Park that would enable the delivery of community based services and programs.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

City Leadership and Management

13.1

SUBJECT Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period

REFERENCE F2004/07400 - D01332653

REPORT OF Service Manager - Council Support

11219

RESOLVED (Wilson/Lloyd)

That the Lord Mayor, Councillor P J Garrard, Deputy Lord Mayor, Councillor C X Lim and the Chief Executive Officer or their nominees be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 15 December 2009, until Friday, 5 February 2010, to deal with important or urgent business of the Council including the determination of development applications subject to:-

1 Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting.

2 Prior to any item being considered at the Delegated Authority Meeting, any Councillor be permitted to refer such item to full Council for consideration.

3 The Minutes for all of the business dealt with under delegation over this period being submitted to the Council Meeting on 8 February 2010.

13.2

SUBJECT Schedule of Council Meetings for 2010

REFERENCE F2004/08629 - D01332666

REPORT OF Service Manager - Council Support

11220

RESOLVED (Barber/Lack)

That the following Council Meeting dates for 2010 be adopted:-

Monday, 8 February 2010

Monday, 22 February 2010

Monday, 8 March 2010

Monday, 22 March 2010

Monday, 12 April 2010

Tuesday, 27 April 2010 (Note: Monday 26 April 2010 is Anzac Day Public Holiday)

Monday, 10 May 2010

Monday, 24 May 2010

Tuesday, 15 June 2010 (Note: Monday 14 June 2010 is Queen’s Birthday Holiday)

Monday, 28 June 2010

Monday, 12 July 2010

Monday, 26 July 2010

Monday, 9 August 2010

Monday, 23 August 2010

Monday, 13 September 2010

Monday, 27 September 2010 – Special Council Meeting – Election of Lord Mayor (prior to Ordinary Meeting)

Monday, 27 September 2010

Monday, 11 October 2010

Monday, 18 October 2010 (Note: LGA Conference being held from 23 – 27 October)

Monday, 8 November 2010

Monday, 22 November 2010

Monday, 6 December 2010

Monday, 13 December 2010

13.3

SUBJECT Investment Report for October 2009

REFERENCE F2009/00971 - D01354690

REPORT OF Manager - Finance

RECOMMENDATION

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

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

13.4

SUBJECT Review of the Customers Compliments and Complaints Policy

REFERENCE F2005/02436 - D01361751

REPORT OF Manager Service Audit and Review

11221

RESOLVED (Esber/Lim)

(a) That Council adopt the amended Customer Compliments and Complaints Policy shown at Attachment 1.

(b) Further, that staff take the appropriate action to make the amended policy available to the public.

13.5

SUBJECT Report of Audit Committee Meetings

REFERENCE F2008/02951 - D01403994

REPORT OF Manager Service Audit and Review

RECOMMENDATION

(a) That the Minutes of the Audit Committee meeting held on 28 May 2009 (Attachment 1) be received and noted.

(b) Further, that the Minutes of the Audit Committee meeting held on 1 October 2009 (Attachment 2) be received and noted.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

13.6

SUBJECT Integrated Planning and Reporting Legislation

REFERENCE F2008/05050 - D01397707

REPORT OF Place Manager

RECOMMENDATION

(a) That Council nominates to be part of group 1 to have its Community Strategic Plan and Delivery Program adopted by 30 June 2010.

(b) Further, that Council endorses Parramatta Twenty25 as the Community Strategic Plan to meet the new requirements and will commence a review of the plan in 2012 in accordance with the Act.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

13.7

SUBJECT Regional and Local Community Infrastructure Program - Strategic Report

REFERENCE F2007/01165 - D01403996

REPORT OF Manager City Assets and Environment

RECOMMENDATION

(a) That Council submit an application for funding under Round 2 of the Federal Government Regional and Local Community Infrastructure Program – Strategic Projects 2009-10 for installation of energy efficiency technology and renewable energy generators at a range of Council owned community facilities.

(b) Further, that should the application for Federal funding be successful, that $250,000 be made available in the 2010/11 Management Plan as a co-contribution.

NOTE: This matter was adopted under Minute No 11205 – Council Matters To Be Adopted Without Discussion.

13.8

SUBJECT Community Consultation on Possible Special Rates Variation

REFERENCE F2009/02419

REPORT OF Manager - Finance

11222

MOTION (Esber/Maitra)

That Council take no further action on this matter.

AMENDMENT (Wilson/Lloyd)

(a) That Council endorse preliminary work on assessing community views on the continuation of expiring Special Rates and other rating options.

(b) That Council note that the Department of Local Government is likely to require early notification of an intention to apply for a Special Variation.

(c) Further, that Council review the effectiveness of the current economic development rate and prepare options for this rate to be used for the benefit of Council.

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

DIVISION The result being:

AYES The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, A Issa, OAM, M Lack, C X Lim, S D Lloyd, and A A Wilson.

NOES Councillors P B Barber, G Elmore, P Esber, J D Finn, M Lack, P K Maitra and L E Wearne.

Notices of Motion

14.1

SUBJECT National Graffiti Day

REFERENCE F2008/04673 - D01400337

REPORT OF Councillor M D McDermott

11223

RESOLVED (McDermott/Maitra)

(a) That Parramatta City Council support and actively participate in the Graffiti Action day on the 2^nd of May 2010.

(b) That staff report back to council with a plan for the day, detailing how Parramatta City Council in co-operation with “Cleanup Australia” will engage the Parramatta community, local sporting clubs, schools, residents groups, churches, Police and any other local groups or residents, in a co-coordinated community effort to remove all graffiti from our communities.

(c) That staff engage with all local Government agencies, Utility providers, NSW Housing Commission, State & Federal MP’s to ensure that all areas of State Government ownership and control are also cleaned up as part of this community effort.

(d) That staff look at an education component on and around Graffiti action day to:

1. Highlight Parramatta City Council’s efforts in Graffiti control.

2. Teach community members about the need for prompt graffiti removal.

3. Show best practice to the community in terms of graffiti removal.

4. Illustrate how PCC can work with community members in graffiti removal.

5. Illustrate the success PCC has had in transforming some of our community Parks and giving them back to the community following the removal of Graffiti walls, with Noller Park Park Committee being an excellent example.

6. Illustrate the current research (University of Gronengin) regarding increased levels of social disorder and crime flowing from graffiti and this be clearly shown in and on any flyers, pamphlets or stands provided by PCC.

(e) Further, that Parramatta City Council use this day as a means of lobbying the State Government, State & Federal agencies & Departments to improve their performance with enforcement of current legislation and Graffiti removal from Utility facilities and NSW Housing Commission properties.

NOTE: Councillor A Issa OAM left the meeting at 10.01pm during consideration of this matter.

14.2

SUBJECT CDSE Grants

REFERENCE F2009/00860 - D01401940

REPORT OF Councillor M D McDermott

11224

MOTION (McDermott/Lim)

(a) That Council staff involved in the formulation of grants recommendations seek the input of City Councillors on the general direction of recommendations to the CDSE grants committee.

(b) That all recommendations of Parramatta City Council staff to the CDSE Grants committee come before Council for approval before any recommendations are made to the CDSE grants committee.

(c) Further, that Council form a sub-committee consisting of Councillors J Chedid, S Lloyd and M McDermott to examine the grants.

The motion was put and lost.

DIVISION The result being:

AYES Councillors A Bide, J Chedid, C X Lim, S D Lloyd, M D McDermott and A A Wilson.

NOES The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, G Elmore, P Esber, J D Finn ,A Issa, OAM, M Lack, P K Maitra and L E Wearne.

NOTE: Councillor A Issa OAM returned to the meeting at 10.07pm during consideration of this matter.

EXTENSION OF TIME

11225 RESOLVED (Esber/Lack)

That the time having passed 10.30 pm, the meeting be extended for 30 minutes to enable completion of the remaining Agenda items.

QUESTION TIME

The Lord Mayor advised that the time having passed 10.30pm, Councillors wishing to raise Question Time matters could do so in writing.

The following issues were submitted.

SUBJECT Right Hand Turn Arrow - Intersection of Rawson Road and Campbell Hill Pioneer Road, Guildford

REFERENCE F2004/07161

FROM Councillor A Issa OAM

11226

Councillor Issa requested that Council investigate the installation of a right hand turn arrow to be placed on the traffic lights at the intersection of Rawson Road and Campbell Hill Road, Guildford.

This arrow would allow traffic heading east along Rawson Road to be able to turn right on to Campbell Hill Road with safety.

SUBJECT Possible Relocation of Bus Stop - Southern Side of Rawson Road, Guildford

REFERENCE F2008/03227

FROM Councillor A Issa OAM

11227

Councillor Issa advised that the bus stop located on the southern side of Rawson Road, just past Campbell Hill Road, Guildford, was directly opposite a pedestrian refuge and when the bus stops at the bus stop, no traffic can pass. This then causes major traffic snarls which jams up the intersection and beyond.

Councillor Issa requested that Council relocate the bus stop or the pedestrian refuge to allow for the traffic to flow uninterrupted during heavy peak hour periods.

SUBJECT Soda Blasting Machine

REFERENCE F2009/00036

FROM Councillor M McDermott

11228

Councillor McDermott sought advice on the status of the soda blasting machine and asked whether it had been vandalised, and if so, was the vandalism on the basis that it was generating too much work.

Councillor McDermott requested that he be provided with a full report on the machine’s status.

CLOSED SESSION

11229

RESOLVED (Esber/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(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Core IT Systems Replacement Tender. (D01354431) - 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 Results: IT Program Management Services. (D01354617) - 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 Evaluation report for Information Technology Finance 23/2009. (D01397083) - 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 Civic Place: Variation to Project Development Agreement to facilitate Stage 1 development . (D01403966) - 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 Report Required under Section 339 of the Local Government Act 1993 in respect of Contractual Conditions of Senior Staff. 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 (other than Councillors).

RESUMPTION OF MEETING

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

17.1

SUBJECT Core IT Systems Replacement Tender

REFERENCE F2004/09488 - D01354431

REPORT OF Manager Information Systems

11230

RESOLVED (Esber/Wilson)

(a) That Council accept the tenders submitted by Technology One, Infor Global and Frontier Software for the provision of Council’s new Core IT systems.

(b) That all 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

17.2

SUBJECT Tender Results: IT Program Management Services

REFERENCE F2004/09488 - D01354617

REPORT OF Group Manager Corporate

11231

RESOLVED (Lloyd/Wilson)

That consideration of this matter be deferred to an adjourned meeting of the Council to be held on Wednesday, 16 December 2009 at 6.45 pm (Minute No. 11237 refers).

17.3

SUBJECT Tender Evaluation report for Information Technology Finance 23/2009

REFERENCE F2009/01840 - D01397083

REPORT OF Manager Information Systems

11232

RESOLVED (Esber/Wilson)

(a) That Council accept the tender responses submitted by Equigroup and Capital Finance for the provision of IT Leasing finance.

(b) That all 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.

17.4

SUBJECT Civic Place: Variation to Project Development Agreement to facilitate Stage 1 development

REFERENCE F2004/06404 - D01403966

REPORT OF Development Director Civic Place

11233

RESOLVED (Finn/Lack)

(a) That Council note the timing and financial implications of the existing Project Development Agreement dated 21 July 2006 (PDA).

(b) That Council note the timing and financial implications of the proposed variation to the PDA set out in the draft Heads of Agreement (see attachment 1) negotiated with Grocon (Stage 1 Variation).

(d) That Council authorise the Lord Mayor and the Chief Executive Officer to sign the Heads of Agreement by the affixation of the common seal.

(e) That Council delegate to the Chief Executive Officer authority to negotiate and finalise legally binding documents that formally record the variation of the PDA in the manner and on the terms outlined in the Heads of Agreement.

(f) That Council note the Chief Executive Officer will write to the Local Government Project Review Committee notifying that Committee of the Stage 1 Variation and seeking the Committee’s feedback on the Stage 1 Variation.

(g) Further, that Council authorise the Lord Mayor and the Chief Executive Officer to sign the legally binding documents that formally record the variation of the PDA to include the Stage 1 Variation by the affixation of the common seal.

15.5

SUBJECT Report Required under Section 339 of the Local Government Act 1993 in respect of Contractual Conditions of Senior Staff.

REFERENCE F2005/02722

REPORT Chief Executive Officer

11234

RESOLVED (Esber/Elmore)

That the contents of the report be received and noted

The meeting terminated at 10.42 pm pending its resumption on 16 December 2009 to further consider Item 17.2.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber on Wednesday, 16 December 2009 at 7.066 pm, there being in attendance The Lord Mayor, Councillor, P J Garrard in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott (retired 7.52pm) and A A Wilson.

APOLOGIES

11235 RESOLVED (Lack/Esber)

That an apology be received and accepted for the absence of Councillor L E Wearne.

RESCISSION MOTION

A Notice of Motion to rescind the issue raised during the Suspension of Standing Orders regarding use of the Words "Merry Christmas" on Council Banners and Documents (Minute No. 11203 refers) was submitted prior to the conclusion of the meeting by Councillors J D Finn, G Elmore and P B Barber.

The Lord Mayor ruled that the matter was not one of urgency.

CLOSED SESSION
11236 RESOLVED (Esber/Elmore) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:- 17.2 Tender Results: IT Program Management Services. (D01354617) - 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. 17.6 Investigation into Procurement Process - IT Program Management Services - This item is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the item contains personnel matters concerning particular individuals.
RESUMPTION OF MEETING
	That the decisions of Closed Session be noted as follows:-

SUBJECT Tender Results: IT Program Management Services

REFERENCE F2004/09488 – D01354617

REPORT OF Group Manager Corporate

11237

RESOLVED (Lim/Wilson)

(a) That consideration of this matter be deferred until a Special Council Meeting to be held in January and in the meantime, the Chief Executive Officer be instructed to appoint an external expert to handle the carriage of Council’s computer online process.

(b) That Council seek the advice of Mr Andrew Marsden of Deloittes, or other suitable probity adviser if he is not available, on whether it would be appropriate to consider tenders already received and if not, Council immediately relet the tenders and such decision be reported back to the Lord Mayor.

(c) Further, that an external panel be appointed to reassess the tenders already received, if approved by the probity adviser, and if not, the tender be relet.

17.6

SUBJECT Investigation into Procurement Process - IT Program Management Services

REFERENCE F2004/09488

FROM Councillor P Esber

11238

RESOLVED (Esber/Lack)

(a) That Council delegate authority to the Lord Mayor to retain and instruct an external, independent and appropriately accredited investigator, authorised to conduct an investigation into the procurement process, identified by reference to Item 15.2 of the Closed Session of the Council Meeting held on 14 December 2009 including:-

1 All aspects of the tender process;

2 Protected disclosures arising from that process;

3 The role of Council officers;

4 The circumstances in which Dataflex Pty Limited and Global Sapphire Inc were engaged by PCC and their respective involvement subsequent to their retainer, including in the tender process.

(b) Further, that the Lord Mayor be authorised to notify ICAC with respect to the matters referred to in (a) above.

Note

Councillor M McDermott retired from the meeting at 7.52pm during consideration of this matter.

The meeting terminated at 7.53pm.

THIS PAGE AND THE PRECEDING 32 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 14 DECEMBER 2009 AND CONFIRMED ON MONDAY, 8 FEBRUARY 2010.

Lord Mayor