Minutes of Council - 22 March 2010

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 22 March 2010 AT 6:51pm

PRESENT

The Lord Mayor, Councillor, P J Garrard in the Chair and Councillors P B Barber (retired 10:24pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM (arrived 6.54 pm), M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott and L E Wearne.

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 Council (Development) Meeting held on 8 March 2010

11344

RESOLVED (Chedid/Elmore)

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

APOLOGIES

11345 RESOLVED (Bide/Lim)

That an apology be received and accepted for the absence of Councillor A A Wilson and leave of absence be granted.

DECLARATIONS OF INTEREST

Councillor P B Barber declared an interest in relation to Item 10.3 of Community and Neighbourhood regarding the Telopea Urban Renewal Project, Telopea - Part 3A Project as whilst he works for the Minister for Housing, he is actually employed for the Speaker of the House. Councillor Barber indicated that he would remain in the Chamber during discussion on this matter but would not participate in debate.

LORD MAYORAL MINUTES

SUBJECT The Australian Drug Foundation 'Good Sports' Program

REFERENCE F2006/000973

FROM The Lord Mayor, Councillor P J Garrard

11346

RESOLVED (Garrard/Bide)

(a) That Council participate in the Australian Drug Foundation ‘Good Sports’ Program.

(b) That Council liaise with the Good Sports Program to facilitate communication with local sporting clubs and associations.

NOTE: Councillor A Issa, OAM arrived at the meeting at 6.54 pm during consideration of this matter.

SUBJECT Welcoming the Queen's Baton to Parramatta and Harris Park for the Delhi 2010 XIX Commonwealth Games

REFERENCE F2006/00973

FROM The Lord Mayor, Councillor P J Garrard

11347

RESOLVED (Garrard/Maitra)

(a) That Council host celebratory events to welcome the Queen’s Baton to Parramatta and Harris Park on its journey to the Delhi 2010 XIX Commonwealth Games on 19 April 2010.

(b) That Council thank the Indian High Commissioner, the Indian Consul General in Sydney and the Australian Commonwealth Games Association for inviting Council to host the Queen’s Baton.

(c) That Council establish a multidisciplinary team with representatives from the Office of the Lord Mayor, City Strategy, Major Events, Marketing and Communications and Community Capacity Building.

(d) That Council promote this event in multiple streams using local and metropolitan media partnerships, and through our relationships with local schools, ethnic media, cultural and community groups and businesses.

(e) That Council jointly host with the Indian Consul General in Sydney an ethnic and local media briefing to promote the Queen’s Baton Relay events in Parramatta and Harris Park.

(f) Further, that Council explore opportunities to host an evening function with the Governor of Delhi, Indian High Commissioner, the Indian Consul General in Sydney, the Australian Commonwealth Games Association and local community representatives.

SUBJECT NSW Tourism Awards

REFERENCE F2004/07083

FROM The Lord Mayor, Councillor P J Garrard

11348

RESOLVED (Garrard/Lim)

(a) That at the appropriate time, Parramatta City Council formally acknowledge the news that the 2010 NSW Tourism Awards are to be held within the City.

(b) That the Sydney Turf Club be thanked for their support and cooperation in the Awards bid and for their offer to host the Awards in the ‘Grand Pavilion’ at Rosehill Gardens.

(d) Further, that Council staff be thanked for their concerted effort in attracting support for this event.

PETITIONS

SUBJECT Telopea Urban Renewal Project

REFERENCE NCA/1/2010

FROM A Zreika and others

11349

RESOLVED (Esber/Chedid)

That the petition be tabled and be considered in conjunction with Item 10.3 of Community and Neighbourhood (Minute No 11357 refers).

SUBJECT Stafford Street, South Granville - Request for Traffic Calming Devices

REFERENCE F2004/07364

FROM Residents of Stafford Street, South Granville

11350

RESOLVED (Issa/Elmore)

That the petition be received and referred to the Parramatta Traffic Committee for report to Council on any action that is able to be taken.

SUBJECT Parking in George and Charles Streets, Parramatta

REFERENCE F2005/02619

FROM Local Businesses on George and Charles Streets, Parramatta

11351

RESOLVED (Issa/Lim)

That the petition be received and referred to the appropriate officer for report to Council.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

11352 RESOLVED (Lim/Esber)

That Items 9.1, 9.2 and 9.4 of Environment and Infrastructure, 10.1 and 10.2 of Community and Neighbourhood and 11.3 of Governance and Corporate be adopted without discussion in accordance with the staff recommendations.

Economy and Development

8.1

SUBJECT Functions Delegated to the Chief Executive Officer related to the Determination of Development Applications

REFERENCE F2004/06472 - D01477708

REPORT OF Group Manager Outcomes and Development

11353

RESOLVED (Wearne/Chedid)

That consideration of this matter be deferred for 2 weeks to obtain further information regarding the delegations that were given in the past 12 months.

8.2

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01477930

REPORT OF Project Officer

11354

RESOLVED (Finn/Elmore)

(a) That the minutes of the Heritage Advisory Committee meeting of 17 February 2010 be received and noted.

(b) Further, that Councillors be provided with a report on the impact of the new DCP guidelines on heritage protection as compared to the existing arrangements.

8.3

SUBJECT Section 82A Review - 17/38-42 Wynyard Street, Guildford ( Lot 17 SP 78153) (Woodville Ward)

DESCRIPTION Section 82A review for alterations and additions to a townhouse.

REFERENCE DA/375/2009 - 16 June 2009

APPLICANT/S Attic & Roof Conversions

OWNERS Mr P C H Locke and Mrs J Locke

REPORT OF Manager Development Services. Also Manager Development Services Memorandum dated 22 March 2010.

REASON FOR REPORT TO COUNCIL

Deferred from Council Meeting of 8 March 2010. The application was initially referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.

11355

RESOLVED (Wearne/Barber)

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 L E Wearne.

NOES None.

Environment and Infrastructure

9.1

SUBJECT Draft Baludarri Wetland Plan of Management - Public Exhibition

REFERENCE F2009/01267 - D01444888

REPORT OF Catchment Officer Natural Resources

RECOMMENDATION

(a) That the draft Baludarri Wetland Plan of Management be placed on exhibition for 28 days in the Parramatta City (central) Library, branch libraries, the Administration building Customer Service Centre and on Council’s website.

(b) Further, that a report be submitted to Council upon completion of the public exhibition period with consideration and assessment of the submissions received.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion.

9.2

SUBJECT Taxis in Parramatta City Centre

REFERENCE F2005/00823 - D01474927

REPORT OF Senior Project Officer - Transport Planning

RECOMMENDATION

(a) That Council receive and note this report, in particular noting the different roles of buses, taxis and private hire cars.

(b) That Council consider allocating future funding to investigate traffic signals for the Lansdowne Street from Church Street intersection and note other possible future projects to improve the movement of taxis.

(c) That Council accept Premier Cabs invitation for interested Councillors and staff to view their new control room and dispatch system in Granville.

(d) That Council consider allocating future funding to provide signage at taxi ranks, similar to bus stops, for taxi passengers to better indentify the ranks.

(e) Further, that a copy of this Council report be forwarded to the Access Advisory Committee for its information.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion.

9.3

SUBJECT Integrated Transport Plan for Parramatta City Centre

REFERENCE F2006/01143 - D01476651

REPORT OF Senior Project Officer - Transport Planning

11356

RESOLVED (Lim/Chedid)

That consideration of this matter be deferred to the Council Meeting to be held on 27 April 2010.

9.4

SUBJECT Parramatta Cycleway Advisory Committee

REFERENCE F2004/07952 - D01477789

REPORT OF Project Officer

RECOMMENDATION

That Council receive and note the minutes of the Parramatta Cycleway Advisory Committee of 2 March 2010.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion.

Community and Neighbourhood

10.1

SUBJECT Naming of Baseball Diamond at George Kendall Riverside Park, Ermington

REFERENCE F2009/02985 - D01473167

REPORT OF Recreation Planner

RECOMMENDATION

(a) That Baseball diamond three at George Kendall Riverside Park, Ermington be named the Gary Chong Diamond.

(b) That Baseball diamond three be signposted accordingly with the new name and the cost be charged to Sportsgrounds Improvement Project 13530.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion.

10.2

SUBJECT Renaming of Goldsmith Avenue Reserve in Winston Hills as Gail Meagher Park

REFERENCE F2009/02236 - D01473245

REPORT OF Recreation Planner

RECOMMENDATION

(a) That the public reserve currently known as Goldsmith Avenue Reserve which is located between Model Farms Road, Dickens Street and Goldsmith Avenue in Winston Hills be endorsed in principle to be renamed Gail Meagher Park.

(b) That the name Gail Meagher Park be referred to the Geographical Names Board of NSW for formal assignment under the Geographical Names Act 1966.

(c) That if approval is granted by the Geographical Names Board, park name signs be erected at entrances to the reserve, to be funded from the Parks Improvement Project 13535.

(d) Further, that the Goldsmith Avenue Park Committee and others who lodged a submission in relation to the proposed renaming of this park be advised of Council’s decision.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion.

10.3

SUBJECT Telopea Urban Renewal Project, Telopea - Part 3A Project

REFERENCE NCA/1/2010 - D01475248

REPORT OF Senior Development Assessment Officer. Also Service Manager Development Assessment Services Memorandum dated 22 March 2010.

11357

RESOLVED (McDermott/Chedid)

(a) That the report be treated as an interim report and an extension of time be sought to enable a more comprehensive staff submission.

(b) That a comprehensive Community and Stakeholder Consultation Plan should be developed by the NSW Department of Housing following consultation with Parramatta City Council. The Community and Stakeholder Consultation Plan should include (but not be limited to):-

· A variety of engagement techniques that offer opportunities to participate across all relevant groups;

· Clearly identify key community and stakeholder groups who will be consulted during the redevelopment project.

· Clearly identify how issues raised during consultation stages are to be addressed and considered by the NSW Department of Housing.

(c) Further, that Community and Stakeholder Consultation is to be carried out on a regular basis (no less than every 6 months) by the NSW Department of Housing during the redevelopment project (i.e. planning and design phase, construction phase and occupation phases).

NOTE: 1. Petition No 1 – Telopea Urban Renewal Project - was considered in conjunction with this matter – Minute No 11349 refers.

2. Councillor P B Barber declared an interest in this matter as he works for the Minister for Housing (but is employed by the Speaker of the House). He did not retire from the meeting during consideration of this matter.

Governance and Corporate

11.1

SUBJECT Constitutional Referendums

REFERENCE F2007/01320 - D01472367

REPORT OF Service Manager - Council Support

11358

MOTION (Esber/Finn)

(a) That Mr Gerry Holmes be appointed to undertake a review of Council’s ward boundaries to comply with Section 211 of the Local Government Act.

(b) That funds in the amount of $5,000 plus GST be allocated from account number 10.1260.712.620210 to undertake the required works.

(d) That no further action be taken in relation to the holding of a constitutional referendum in relation to the reduction in Councillor numbers or changes to Council’s ward system.

(e) That as Council has resolved not to undertake a constitutional referendum, no further action be taken to notify the Electoral Commission and Department of Local Government.

(f) Further, that correspondence be forwarded to the Minister for Local Government and Shadow Minister for Local Government seeking a 2 year term for the Lord Mayor.

AMENDMENT (Garrard/Lim)

(a) That Mr Gerry Holmes be appointed to undertake a review of Council’s ward boundaries to comply with Section 211 of the Local Government Act.

(b) That funds in the amount of $5,000 plus GST be allocated from account number 10.1260.712.620210 to undertake the required works.

(c) That pending the receipt of further information pertaining to the issue of a constitutional referendum from the Department of Local Government, Council undertake the following actions in relation to the election of a Popularly Elected Lord Mayor:-

1. Appoint an external organization to undertake a new survey of the community in relation to its views on the issues of a Popularly Elected Lord Mayor.

2 Undertake a referendum for the election of a Popularly Elected Lord Mayor.

(d) Further, that upon receipt of the further information, Council determine its action in relation (c) 1 and 2 above.

The amendment was put and lost.

The motion was put and carried.

DIVISION The result being:-

AYES Councillors P B Barber, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M Lack, P K Maitra, M D McDermott and L E Wearne.

NOES The Lord Mayor, Councillor P J Garrard and Councillors A Bide, C X Lim and S D Lloyd.

NOTE: The Deputy Lord Mayor, Councillor C X Lim assumed the Chair during consideration of this matter (but prior to voting) to enable the Lord Mayor, Councillor P J Garrard to participate in debate and move a motion on this issue.

11.2

SUBJECT Local Government Managers Australia (LGMA) National Congress Conference - Adelaide - 16-19 May 2010

REFERENCE F2010/00129 - D01473992

REPORT OF Service Manager - Council Support

11359

RESOLVED (Lim/Esber)

(a) That the Lord Mayor or nominee and Councillor G Elmore attend the Local Government Managers Australia (LGMA) National Congress Conference in Adelaide from 16 – 19 May 2010.

(b) Further, that delegate registration, accommodation, travel and out-of-pocket expenses be deducted from account number 10.1260.712.644405 ‘Councillor Conferences’.

11.3

SUBJECT Investments Report for January 2010

REFERENCE F2009/00971 - D01474121

REPORT OF Manager Finance

RECOMMENDATION

That Council receive and note the investments report for January 2010.

NOTE: This matter was adopted under Minute No 11352 – Council Matters To Be Adopted Without Discussion

Notices of Motion

12.1

SUBJECT Nomination of a Replacement Councillor to the Westpool Board

REFERENCE F2004/06545 - D01480240

REPORT OF Councillor P Esber

11360

MOTION (Esber)

That Council consider nominating another Councillor to the Board of Westpool.

The Lord Mayor ruled the motion out of order as there can only be one representative Councillor on the Board of Westpool.

RESOLVED (Wearne/Lloyd)

That Council nominate Councillor M D McDermott as an alternative delegate to the Board of Westpool and the current nominee be requested to give 3 days notice to the alternate of his inability to attend meetings.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.35 pm for a period of 19 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.54 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, P K Maitra M D McDermott and L E Wearne.

12.2

SUBJECT Annual World Record Breaking Feat - Parramatta Regional Park

REFERENCE F2004/10255

FROM Councillor C X Lim

11361

MOTION (Lim/Chedid)

(a) That Parramatta City Council acknowledges the receipt of the letter from the Parramatta Park Trust and indicates concurring in-principle support of Deputy Lord Mayor, Councillor Chiang Lim's suggestion to explore the potential for an annual signature event to break a world record each year and to have the annual event staged in the Parramatta Park.

(b) That Parramatta City Council agrees to work with the Parramatta Park Trust to explore how this annual signature event can be organised, including the assembling of a community-based organising committee.

(c) Further, that a report be provided to Council that will outline the strategy and operational requirements of this proposed annual signature event, as well as possible funding needs from Council, the Parramatta Park Trust, state and federal governments and any other external organisations and corporate sponsors.

AMENDMENT (Elmore/Maitra)

(c) That a report be provided to Council that will outline the strategy and operational requirements of this proposed annual signature event, as well as possible funding needs from Council, the Parramatta Park Trust, state and federal governments and any other external organisations and corporate sponsors.

(d) Further, that this event be at no cost to Council.

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

The motion was put and carried on the Lord Mayor’s casting vote.

12.3

SUBJECT Expansion of Women's Facilities in Public Buildings

REFERENCE F2004/06182

FROM Councillor C X Lim

11362

RESOLVED (Lim/Bide)

(a) That a report be produced for Council recommending options to increase the standards required of women's facilities and amenities for parents in men’s and women’s toilets in public buildings beyond the minimum specified under the Building Code of Australia (BCA).

(b) That the report target future public buildings in particular major department stores, shopping centres, theatres and cinemas, auditoria, sports venues, theatres, art galleries, public halls, function rooms.

(c) Further, that the report recommends such new standards for women's facilities so as to minimise or avoid as much as possible the longer queues experienced by women than compared to men for their men's facilities currently, especially during major events.

SUSPENSION OF STANDING ORDERS

11363 RESOLVED (McDermott/Chedid)

That Standing Orders be suspended to enable consideration of an urgent motion relating to the placement of “Happy Easter” posters.

The Chairperson ruled that the matter was one of urgency.

SUBJECT "Happy Easter" Signage to be Placed in Strategic Locations around Parramatta CBD and in Town Centres.

REFERENCE F2009/02358

FROM Councillor M McDermott

11364

RESOLVED (McDermott/Chedid)

That Parramatta City Council place in strategic locations around the Parramatta CBD and in town centres, a small number of signs wishing our residents a “Happy Easter”. These signs should reflect equally the Traditional & Christian notions of Easter. In this regards 50% should illustrate Easter Eggs & Easter Bunnies, the remaining 50% should be representative of Christian Easter celebrations. The expense on this should be nominal, is to be allocated by the CEO from an appropriate source of funding and is to be of a similar amount to that expended pre Christmas last year.

RESUMPTION OF STANDING ORDERS

11365 RESOLVED (Wearne/Lim)

That Standing Orders be resumed.

CLOSED SESSION

11366

RESOLVED (Wearne/Lim)

Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Child Care Service Planning. (D01475624) - 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 Councils Online - Status Update. (D01478475) - 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.

3 Legal Matter Report – 356 Church 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.

NOTE: Councillor P B Barber retired from the meeting at 10.24 pm during consideration of Item 13.3 of Closed Session.

RESUMPTION OF MEETING

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

13.1

SUBJECT Child Care Service Planning

REFERENCE F2004/06012 - D01475624

REPORT OF Manager Community, Library and Social Services

11367

RESOLVED (Chedid/Lloyd)

(a) That Council adopt as the fee structure for Long Day Care for 2010-2011 a daily rate of $68.00 for care on any Monday or Friday and $72.00 for care on any Tuesday, Wednesday or Thursday.

(b) That the proposal outlined in the report regarding Westfield Occasional Care Centre be implemented and reported to Council.

(c) Further, that further information be provided to Council on the potential for alternate delivery models to be adopted for a long day care centre.

13.2

SUBJECT Councils Online - Status Update

REFERENCE F2004/09488 - D01478475

REPORT OF Group Manager- Corporate

11368

RESOLVED (McDermott/Lim)

(a) That Council receive and note the report.

(b) Further, that the Lord Mayor and Chief Executive Office be given delegated authority to execute and affix the common Seal of Council to all necessary documentation associated with the Council Online exit.

13.3

SUBJECT Legal Matter Report - 356 Church Street, Parramatta

REFERENCE DA/466/2008

FROM General Counsel Memorandum dated 18 March 2010.

11369

RESOLVED (Esber/Lim)

That the information be noted.

LATE ITEM

SUBJECT Greek Flag Raising Ceremony

REFERENCE F2009/01171

FROM Councillor A Issa OAM

11370

Councillor A Issa requested that the Lord Mayor formally recognise Mr Sam Tatsis for his efforts at the recently held Greek Flag Raising Ceremony.

The Lord Mayor responded that appropriate appreciation would be conveyed.

The meeting terminated at 10.44 pm.

THIS PAGE AND THE PRECEDING 13 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 22 MARCH 2010 AND CONFIRMED ON MONDAY, 12 APRIL 2010.

Lord Mayor