Minutes of Council - 26 July 2010

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 26 July 2010 AT 6:47 pm

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, J D Finn, A Issa, OAM, M A Lack, C X Lim (Deputy Lord Mayor), S D Lloyd, P K Maitra, M D McDermott 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 Council (Development) Meeting held on 12 July 2010

11614

RESOLVED (Issa OAM/Esber)

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

APOLOGIES

11615 RESOLVED (Esber/Lim)

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

DECLARATIONS OF INTEREST

There were no declarations of interest at this Council Meeting.

MINUTES OF THE LORD MAYOR

SUBJECT State Government's Legislative Changes which have a significant impact on Council's Approval Processes

REFERENCE F2004/06472

FROM The Lord Mayor, Councillor P J Garrard

11616

RESOLVED (Garrard/Wilson)

(a) That Council inform all State Members, the Leader of the Opposition and Shadow Ministers in terms of this Lord Mayoral Minute.

(b) That Council’s Communications Unit develop a strategy which will promote Council’s cause in defending communities against planning decisions, which override the planning instruments of the local Council.

(c) Further, that Council take action to identify circumstances on a ‘site by site’ basis, by placing appropriately worded signage in affected neighbourhoods, which highlights the Government’s policy position, in overriding local communities.

Public Forum

5.1

SUBJECT Outstanding Service Requests

REFERENCE F2009/01360 - D01599408

FROM Mr William Jenkins

11617

QUESTIONS

By Mr William Jenkins:-

My questions to Council are asked respectfully through you Lord Mayor in relation to many outstanding service requests.

These outstanding service requests relate to Approved Developments, Development Applications and a number of outstanding service requests dating back many years, which to present day remain unanswered.

It is with regret that I raise these matters in this way but I believe that it is very important that councillors be made aware of matters where council staff are failing the community with a view to improving its service to both the public and the councillors.

I respectfully seek compliance from Council staff in respect to its residents and the issues and concerns we raise.

1. Firstly

Can the Chief Executive Officer Dr Lang, explain to the chamber why service requests raised over many years concerning flooding and the erection of fencing structures along Coopers Creek and Lower Mount Street, Wentworthville remain unanswered to the present day? And why Council Staff have failed in this regard? And why the RTA was allowed to build a sound barrier along a known floodway? From a very concerned long standing community minded owner/resident.

2. Secondly

Will Dr Lang have these issues and service requests investigated properly, thoroughly and diligently and agree to provide a formal written response as to why these important issues for resident owners of Lower Mount Street, Wentworthville are still outstanding and undealt with by the relevant Council staff?

3. Thirdly

There are and have been a number of development applications along Coopers Creek and Lower Mount Street at Wentworthville in which Council has failed to ensure that the applicants/owners/ developers do not impede the flow of floodwaters onto their severely affected flood prone land and flood other people’s properties.

By doing so Council is failing its community and is causing by way of deflection floodwaters to trespass on adjoining and neighbouring properties thus causing a potentially real financial loss of value to neighbours and other residents’ properties.

My understanding is that this is a breach at common law “Trespass of Waters”.

Therefore, what measures will Council implement to have these solid fencing structures removed from properties in Bourne Street at Wentworthville, Strickland Place at Wentworthville and Lower Mount Street at Wentworthville?

4. Fourthly

In particular what will Council do about these trespass of waters from the offending properties mentioned above and those in particular at 53, 49, 47 which have all been raised with the development services staff during periods of consideration?

I also raise concern about the recently submitted development proposal for 47 Lower Mount Street along Coopers Cree k at Wentworthville and its current proposal on display.

Development Services staff have previously advised that they will not approve development on the rear of the property due to the severe flooding of the property.

They have advised however that they would entertain a duplex at the front of the site however even though there are some variances from numerical requirements.

Further have the Development Services Staff had a pre lodgement meeting with the developer to advise that this proposal in its current form is highly likely to be refused again on similar or same grounds as their proposal from June of 2009?

5. Fifthly

I would like to respectfully request that all Ward Councillors be apprised of the answers and action taken within their wards in relation to all matters raised and that other interested Councillors be advised and informed as well.

6. Sixthly

What are the Council’s commitments to ensure that the new building developments on flood prone land have in place clear and concise conditions to neutralise the negative impacts that come from new development?

Lastly

I advise the Council that other residents have asked me questions concerning these matters and I have raised in this forum and would like answers about questionable approvals.

Responses to these matters from you Lord Mayor through the CEO Dr Lang and Council staff would be greatly appreciated.

I respectfully thank you all for you time attention and assistance.

RESPONSE

By Sue Weatherley - Group Manager Outcomes and Development

Question 1

A search of Council’s Customer Request Management System for Coopers Creek and Lower Mount Street did not reveal any outstanding requests regarding development or flooding issues. However should you wish to provide Council with specific details and property addresses, Council will investigate your concerns and report back with the results.

The RTA is a State Government Body and do not require Council Consent for the construction of Noise barriers.

Question 2

Your submission fails to provide adequate details such as addresses, application numbers and issues and should you provide these details Council will investigate and report back with the results.

Question 3

A further search of Council’s Customer Request Management System for Bourne Street, Strickland Street and Lower Mount Street did not reveal any outstanding requests regarding development or flooding issues.

Your submission fails to identify property addresses and issues however should you provide these details Council will investigate and report back with the results.

Question 4

Development Application 525/2010 is currently under consideration and matters raised in your submission will be taken into consideration during the assessment of the application.

Question 5

Noted.

Question 6

Council has and will continue to assess all applications on their merits and in accordance with the relevant standards, controls and policies.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

MOTION (Esber/Elmore)

That Items 8.3, 8.4, 8.5 and 8.7 of Economy and Development, 9.1 of Environment and Infrastructure and 10.1, 10.2 and 10.3 of Community and Neighbourhood be adopted in accordance with the officer’s recommendation.

AMENDMENT (Bide/Chedid)

That each item be dealt with as listed on the agenda.

11618 The amendment put and carried on the Lord Mayor’s casting vote and on being put as the motion was again carried on the Lord Mayor’s casting vote.

Economy and Development

8.1

SUBJECT Report on DA Approval and Disposal of 94A Spurway Street, Ermington

REFERENCE F2004/09457 - D01549315

REPORT OF Property Development Advisor

11619

RESOLVED (Chedid/Issa OAM)

(a) That the Council endorses the recommendation to offer the property at 94A Spurway Street together with 11 Pearce Street, Ermington for sale by Public Auction after an Expression of Interest to determine the appropriate agent to handle the sale process.

(b) Further, that the Council also endorses the quarantining of the funds derived from the sale for use toward future developments and acquisitions which may ultimately be included within the Property Investment Portfolio.

8.2

SUBJECT Rydalmere Employment Precinct - Future Vision

REFERENCE F2006/01198 - D01566778

REPORT OF Acting Manager Place Strategy

11620

RESOLVED (Chedid/Issa OAM)

(a) That a comprehensive consultation program be undertaken with Rydalmere land and business owners to seek their views on the future of the precinct.

(b) That a Market Feasibility Study of the Brodie Street precinct be undertaken. This study will include property types, patterns and size and suggest potential incentives for lot consolidation

(c) That formal discussions with the University of Western Sydney are undertaken to explore the possibility of a formal partnership to establish a centre of excellence in the study of innovation and sustainability based in the precinct.

(d) That properties currently held by Council in the Brodie Street precinct be held in Council’s ownership until the recommendations of these studies are endorsed by Council.

(e) Further, that on conclusion of the studies recommended in this report, a further report be prepared to outline and seek endorsement for the future vision for the Rydalmere precinct.

8.3

SUBJECT Easement to Drain Water Hope Street, Melrose Park

REFERENCE DA/113/2010 - D01574832

REPORT OF Property Program Manager

11621

RESOLVED (Esber/Elmore)

(a) That Council approve of the deletion of part of the easement created by DP638474 and the creation of a substitute easement 3 wide as depicted at Attachment 2.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to complete all necessary documents including the linen plan, S88B instrument release of easement and transfer granting easement together with any other necessary supporting documentation under the seal of Council.

8.4

SUBJECT Parramatta City Centre Parking Standards

REFERENCE F2009/01706 - D01585140

REPORT OF Senior Project Officer

11622

MOTION (Bide/Lloyd)

(a) That Council acknowledges that the imposition of maximum parking rates is a crude and ineffective planning tool purportedly utilised to increase the use of public transport.

(b) That Council acknowledges that such a maximum parking rate policy pushes private and commercial vehicles into street parking rather than making adequate provision for such vehicles in a planned 'off street' design.

(c) That the Parramatta Central Business District "CBD" within the Parramatta City Council Local Government Area can be distinguished from the City of Sydney, Chatswood and North Sydney as a unique City in Western Sydney comprised of a CBD surrounded by extensive lower density urban areas.

(d) That the residents of the Parramatta City Council Local Government Area and neighbouring areas are forced to rely on motor vehicles to move about Western Sydney due to underdeveloped Public Transport Links.

(e) That Council reinforce its policy position, adopted 9 November 2009, of specifying that the number of car parking spaces (Clause 22C - City Centre LEP 2007) required per m2 of FSR (Parking Rates Standard) is the minimum rate.

(f) That this policy be reviewed by Council when the first passenger alights at Parramatta Station from the proposed Epping to Parramatta Railway Line.

(g) Further, that the Urban Task Force be notified of Council's decision.

AMENDMENT (Finn/Esber)

(a) That Council reinforce its policy position, adopted 17 December 2007, of specifying that the number of car spaces required per m2 of FSR (parking rates standards) is the maximum allowable to remove uncertainty in the interpretation of the City Centre Local Environmental Plan.

(b) That a Planning Proposal be prepared to re-initiate an amendment to the Parramatta City Centre LEP 2007, proposing the parking rates as maximums and this be forwarded to the Department of Planning for “Gateway Determination” under Section 56 of the Environmental Planning & Assessment Act.

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

NOTE: 1 Councillors A Bide, J Chedid, A Issa, C X Lim, S D Lloyd and A A Wilson requested that their names be recorded as having voted against this decision.

2 A Notice of Motion to rescind this decision was received immediately following the termination of the meeting.

8.5

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01593728

REPORT OF Project Officer

11623

RESOLVED (Esber/Elmore)

(a) That the minutes of the Heritage Advisory Committee meeting of 16 June 2010 be received and noted.

(b) Further, that Council accept the application of Maureen McManus, as representative of the Granville Historical Society Incorporated, for membership of the Heritage Advisory Committee.

8.6

SUBJECT Property Development and Investment Policy

REFERENCE F2004/07158 - D01594312

REPORT OF Development Director Civic Place

11624

RESOLVED (Lim/Esber)

That the Property Development and Investment Policy 2010 be adopted.

8.7

SUBJECT Riverside Theatres Strategic Plan 2010 - 2014

REFERENCE F2010/01787 - D01594457

REPORT OF Director Riverside Theatre

11625

RESOLVED (Lloyd/Wilson)

(a) That Riverside Theatres Strategic Plan 2010 -2014 be received and noted.

(b) That Council endorse the Riverside Theatres Strategic Plan 2010 - 2014.

8.8

SUBJECT Parramatta City Centre Lanes Policy

REFERENCE F2009/00340 - D01596121

REPORT OF Senior Project Officer- Urban Design

11626

MOTION (Wilson/Lloyd)

(a) That consideration of this matter be deferred pending the holding of a workshop.

(b) That prior to the workshop requested in (a) above, Council officers engage in extensive consultation with the Lord Mayor and Councillors with a view to applying best practice to Council’s lane way strategy.

(d) Further, that a Saturday morning walking tour be arranged for interested Councillors.

AMENDMENT (Esber/Elmore)

(a) That Council adopt the Draft Parramatta City Centre Lanes Policy 2010, for public exhibition, of not less than 28 days.

(b) Further, that another report be presented to Council at the end of the exhibition period.

The amendment was put and lost.

The motion was put and carried.

8.9

SUBJECT Parking Controls for Places of Public Worship

REFERENCE F2009/02709 - D01596393

REPORT OF Project Officer - Land Use and Transport Planning

11627

MOTION (Bide/Wilson)

(a) That the proposed Places of Public Worship Development Control Plan be amended at P.2 by deleting and replacing words as follows:-

Replace Words "...provide 1 car parking space per 5 seats or 5m2 of usable floor space...".

With these Words “...provide 1 car parking space per 5m2 of usable floor space for the first 100m2 and 1 car parking space per 3m2 of usable floor space thereafter...".

(b) Further, that individual places of public worship previously consulted be notified of this proposed amendment and invited to comment.

AMENDMENT (Finn/Esber)

(a) That the places of Public Worship Development Control Plan be amended as identified in attachment 1 (P2 as underlined) with the following alterations:-

(i) The addition of the words “and available alternatives in the immediate vicinity.” at the end of Dot Point 2 in P.1.

(ii) The addition of the words “If alternatives are not available” at the beginning of P.2.

(b) Further, that individual places of public worship previously consulted be notified of this proposed amendment and invited to comment.

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.

The result being:

DIVISION The result being:

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

NOES Councillors P B Barber, G J Elmore, P Esber, J D Finn, M A Lack, P K Maitra and M D McDermott.

8.10

SUBJECT Possible Delegations to the Council For Regionally Significant Development

REFERENCE F2005/01801 - D01599304

REPORT OF Group Manager Outcomes and Development

11628

RESOLVED (Esber/Lim)

(a) That Council advise the Minister for Planning that it rejects the delegations to senior Council officers in relation to straight forward applications, designated development and development within the City Centre LEP.

(b) That Council advise the Minister for Planning that it does not accept the delegations for modification of applications as Council’s delegation to staff does not extend to Section 96 applications where the determination has been made by another consent authority including the Joint Regional Planning Panel.

(c) Further, that the Minister for Planning be invited to create a more democratic process for the consideration of development applications.

Environment and Infrastructure

9.1

SUBJECT Parramatta Cycleway Advisory Committee

REFERENCE F2004/07952 - D01594149

REPORT OF Senior Project Officer - Transport Planning

11629

RESOLVED (Esber/Lim)

That Council receives and notes the minutes of the Parramatta Cycleway Advisory Committee of 8 June 2010.

SUSPENSION OF STANDING ORDERS

11630 RESOLVED (Finn/Maitra)

That Standing Orders be suspended to enable consideration to be given to an urgent motion regarding the banning of smoking in outdoor dining areas.

The Lord Mayor ruled that the matter was one of urgency.

SUBJECT Smoking Ban in all Outdoor Dining Areas

REFERENCE F2004/10350

FROM Councillor J D Finn

11631

RESOLVED (Finn/Esber)

(a) That Council implement a smoking ban in all outdoor dining areas under council’s jurisdiction within the Parramatta LGA. This smoking prohibition is to be included in all approvals, leases or other documents that authorise the use of PCC owned land and any leases and/or outdoor eating areas used under approvals issued pursuant to the Roads Act.

(b) That this ban will take effect on 1 January 2011. All leases, appropriate documents and/or legal instruments that are renewed from 25 July 2010 are to refer to Council’s intention to ban smoking in outdoor dining areas from 1 January 2011. Businesses which are not due to renew their licence agreement until after 1 January 2011 are to be advised of Council’s new policy and be asked to co-operate and incentives be considered for those restaurants to achieve compliance.

(i) This be incorporated into relevant policies, agreements with users and the design of place signage and;

(ii) Appropriate community coverage and education be given to this decision.

(d) That Council write to Westfield management and advise them of Council’s decision and seeking their participation in the ban, noting that Westfield implemented an indoor smoking ban well in advance of any legal requirement.

(e) Further, that an appropriate promotional strategy is to include but not be limited to:-

(i) Educating restaurants, cafes and affected businesses on the experiences of other areas where such bans have been successfully implemented.

(ii) To promote Parramatta restaurants as healthy, upmarket, family friendly and smoke-free.

(iii) To acknowledge, thank and support those restaurants that show leadership on this significant public health initiative.

RESUMPTION OF STANDING ORDERS

11632 RESOLVED (Elmore/Lack)

That Standing Orders be resumed.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.52 pm for a period of 10 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.02 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, G J Elmore, J D Finn, A Issa, OAM, M A Lack, C X Lim, M D McDermott, P K Maitra and A A Wilson.

Community and Neighbourhood

10.1

SUBJECT 2010/2011 Requests for Fee Subsidy for the use of Public Halls, Community Centres and Meeting Rooms

REFERENCE F2004/07903 - D01585154

REPORT OF Manager City Culture, Tourism and Recreation

11633

MOTION (Finn/Elmore)

(a) That the report on requests for fee subsidies for the use of Councils public halls, community centres and meeting rooms by annual hirers for 2010/2011 be received and noted.

(b) That Council approve the annual fee subsidies to be granted as recommended in the 2010/2011 Fee Subsidy Assessment Sheet.

(c) That the applicants, who have been unsuccessful in receiving a full exemption, be contacted to negotiate a payment program.

(d) That the invoices be issued to those groups who are required to pay fees for their use of Public Halls, Community Centres and Meeting Rooms.

(e) Further, that Council receive a further report and formally review the Fee Subsidy arrangements for future years following an upcoming Councillor workshop.

AMENDMENT (Wilson/Lim)

(a) That the report on requests for fee subsidies for the use of Council’s public halls, community centres and meeting rooms by annual hirers for 2010/2011 be received and noted.

(b) That Council approve the annual fee subsidies to be granted as recommended in the 2010/2011 Fee Subsidy Assessment Sheet subject to the subsidy for Karabi Community and Development Services Inc being limited to $17,000.

(c) That the applicants who have been unsuccessful in receiving a full exemption be contacted to negotiate a payment program.

(d) That the invoices be issued to those groups who are required to pay fees for their use of Public Halls, Community Centres and Meeting Rooms.

(e) Further, that Council receive a further report and formally review the Fee Subsidy arrangements for future years following an upcoming Councillor workshop.

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

NOTE: Councillors J Chedid, P Esber and S D Lloyd returned to the meeting at 9.04 pm during consideration of this matter.

10.2

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee meeting 22 June 2010

REFERENCE F2005/01941 - D01585266

REPORT OF Community Capacity Building Officer

11634

RESOLVED (Elmore/Lack)

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee meeting of 22 June 2010 be received and noted.

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

10.3

SUBJECT Access Advisory Committee Minutes 22 June 2010

REFERENCE F2005/01944 - D01593923

REPORT OF Community Capacity Building Officer – Community Capacity Building

11635

RESOLVED (Elmore/Lack)

(a) That the minutes of the Access Advisory Committee meeting on 22 June 2010 (Attachment 1) are received and noted.

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

Governance and Corporate

11.1

SUBJECT Composition of Business Paper

REFERENCE F2008/00400 - D01592920

REPORT OF Manager - Council Support

11636

RESOLVED (Issa OAM/Elmore)

That the following changes to the Code of Meeting Practice be placed on exhibition in accordance with Part 2 of Chapter 12 of the Local Government Act:-

(a) That Part 2 Section 7 (5),(6) and (7) of the Code of Meeting Practice relating to meeting preparation be altered to read:-

(5) In the case of such a split the following is to apply:

(a) Staff Reports pertaining to Development Applications only are to be considered at the meeting of the second Monday of every month, such meeting to be known as Council Meeting - Development. Council may still consider Minutes of the Lord Mayor, Public Forum, Petitions and Rescission Motions.

(b) Joint authority be given to the Lord Mayor and Chief Executive Office to include further items on the Council Meeting – Development on the grounds of urgency or importance.

(c) Any item, including urgent or deferred Development Applications, may be considered at the Council Meeting to be held on the 4^th Monday of the month, such meeting to be simply known as an Ordinary Council Meeting.

(b) That Part 4 Section 34 (5) of the Code of Meeting Practice relating to rescission motions be altered to read:-

(5) Rescission motions will be listed on the next available Council Meeting for consideration.

(c) That Part 4 Section 34 of the Code of Meeting Practice be altered to reflect that rescission motions on planning decisions pertaining to development applications or Section 96 applications will have no effect as a notice of determination once issued cannot be withdrawn.

(d) Further, that Part 2 Section 8(2) of the Code of Meeting Practice be altered to read:-

(8) For the purpose of subsections 1 (a) – (b) above, written notice of motions must be received by 10.00am on the Thursday week immediately preceding the date of the Council Meeting.

11.2

SUBJECT 2010 Local Government Association Conference

REFERENCE F2010/00134 - D01596453

REPORT OF Manager - Council Support

11637

RESOLVED (Lloyd/Bide)

(a) That the Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, C X Lim, S D Lloyd, L E Wearne and A A Wilson be appointed as voting delegates and Councillors G J Elmore, A Issa, OAM and P K Maitra be appointed as non-voting observers to attend the 2010 Local Government Association of NSW Annual Conference to be held in Albury from 24-27 October.

(b) That delegate registration, travelling, accommodation and out-of-pocket expenses in a total approximate amount of $2,500 per delegate be paid from Account No 10 1260 000 644405– Members Expenses – Conferences and Seminars in accordance with a Category ‘A’ Conference.

Notices of Motion

12.1

SUBJECT Closure of Church Street, Parramatta

REFERENCE F2004/07247 - D01598183

REPORT OF Councillor P Esber

11638

MOTION (Esber/Maitra)

(a) That a report be brought forward on closing Church Street between Market and Phillip Streets on Friday and Saturday nights with the aim of having this implemented on a trial basis by December 2010 under an interim arrangement. The report is to include details of consultation undertaken, regulatory approvals that will have been obtained and the cost of the closures.

(b) Further, that following implementation of the interim closure a further report should be provided that includes proposals to lease parts of the road closure area to restaurants as a means of funding the closures.

AMENDMENT (Lloyd/Bide)

(b) That following implementation of the interim closure a further report should be provided that includes proposals to lease parts of the road closure area to restaurants as a means of funding the closures.

The amendment was put and lost.

The motion was put and carried.

NOTE: Councillor C X Lim left the meeting at 9.17 pm during consideration of this matter.

CLOSED SESSION

11639

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(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 Property Development and Investment Strategy (D01585171) - 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 15/2010 Epping Lane, Epping, Shared Traffic Zone - Civil, Drainage, Paving Landscape and Streetscape Works.. (D01525652) - 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 Update on Civic Place. - This information 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.

NOTE: Councillor C X Lim returned to the meeting at 9.19 pm during Item 1 of Closed Session.

RESUMPTION OF MEETING

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

13.1

SUBJECT Property Development and Investment Strategy

REFERENCE F2004/07158 - D01585171

REPORT OF Development Director Civic Place

11640

RESOLVED (Bide/Lloyd)

That Council receives and notes the Property Development and Investment Strategy White Paper 2010.

13.2

SUBJECT Tender 15/2010 Epping Lane, Epping, Shared Traffic Zone - Civil, Drainage, Paving Landscape and Streetscape Works.

REFERENCE F2010/00590 - D01525652

REPORT OF Supervisor - Project Management

11641

RESOLVED (Wilson/Lloyd)

(a) That Council defer a decision on the reconstruction of Epping Lane, Epping and the introduction of a Shared Zone - Tender No. 15/2010 for a further 2 months pending the outcome of a submission for additional funding by the Transportation Interchange Development Corporation (TIDC).

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

(c) Further, that a report be re-submitted to Council upon receipt of advice from TIDC on whether to accept/reject any of the tenders.

NOTE: During discussion on this matter, Councillor Chedid requested that a report be provided addressing the most recent 3 tenders carried out in local neighbourhoods to ensure that Council was receiving value for money. Such report should also address the status of the tendering committee as previously formed by Council.

The Chief Executive Officer advised that an appropriate report would be provided.

13.3

SUBJECT Update on Civic Place

REFERENCE F2008/01582

FROM Chief Executive Officer

NOTE: The comments made during Closed Session were noted.

QUESTION TIME

SUBJECT Removal of Tree in Civic Place

REFERENCE F2008/04592

FROM Councillor Paul Barber

11642

Councillor Barber referred to the recent removal of a tree in Civic Place.

He asked whether the requirement for the tree’s removal had been confirmed by an arborist and requested that Councillors be provided with the reasons for its removal.

SUBJECT Recycling of Demolition Materials

REFERENCE F2008/04592

FROM Councillor Glenn Elmore

11643

Councillor Elmore noted that materials were being recycled from a recent demolition site in Woodville Road and asked whether Council had a policy requiring the recycling of demolition materials.

The Lord Mayor advised that Council did have a relevant policy.

SUBJECT Council's Legal Bill

REFERENCE F2008/04592

FROM Councillor Tony Issa OAM

11644

Councillor Issa referred to the article in today’s newspaper indicating that Council’s legal bill was $1.9 million.

Councillor Issa advised that this was incorrect and requested that a response be forwarded that highlighted this fact.

SUBJECT Coffee Machine

REFERENCE F2008/04592

FROM Councillor Tony Issa OAM

11645

Councillor Issa requested that an espresso coffee machine be purchased to enable Councillors to have coffee prior to and after Council Meetings.

SUBJECT Clock in Prince Alfred Park

REFERENCE F2008/04592

FROM Councillor Chiang Lim

11646

Councillor Lim advised that the clock in Prince Alfred Park at the corner of Victoria Road and Church Street was supposed to be connected to a satellite, however, the time showing was incorrect.

Councillor Lim requested that this problem be rectified.

Councillor Barber noted that Council’s officer, Mr Neville Davis – Service Manager Open Space and Natural Resources, was currently investigating this issue.

SUBJECT Dangerous Footpath - Marsden Street, Parramatta

REFERENCE F2008/04592

FROM Councillor Chiang Lim

11647

Councillor Lim advised that on the north western side of the Marsden Street bridge which connects with the State Government property, there is a large chunk of metal sticking out of the footpath.

He advised that this is a dangerous situation and requested that it be investigated immediately.

SUBJECT Homelessness in Parramatta - Appointment of Case Worker

REFERENCE F2008/04592

FROM Councillor Andrew Wilson

11648

Councillor Wilson acknowledged the fine efforts of Council’s Community Services Section but noted the many homeless persons in Parramatta, many of whom were in need of help.

Councillor Wilson requested that consideration be given to the appointment of a case worker to assist the welfare of Parramatta’s long term homeless.

The Lord Mayor advised that the matter would be forwarded to Council’s Social Outcomes Officer for response.

SUBJECT Have Your Say on Council's Suburb Boundaries

REFERENCE F2008/04592

FROM Councillor Scott Lloyd

11649

Councillor Lloyd questioned whether the redistribution of the suburbs boundaries was a current issue as a link still existed on Council’s website.

Councillor Lloyd requested that if the issue was not current, the link be removed.

The Lord Mayor advised that the matter would be taken on notice.

SUBJECT Council's Organisational Chart

REFERENCE F2008/04592

FROM Councillor Scott Lloyd

11650

Councillor Lloyd sought advice as to why the organisational chart located on the staff intranet contained no reference to Councillors.

The Lord Mayor advised that the matter would be taken on notice.

RESCISSION MOTIONS

The Lord Mayor, Councillor P J Garrard advised that a Notice of Motion, signed by Councillors J Chedid, S D Lloyd and A A Wilson, to rescind the following item had been received immediately following the termination of the meeting:-

1 Item 8.4 of Economy and Development regarding Parramatta City Centre Parking Standards (Minute No 11622 refers).

The meeting terminated at 9.40 pm.

THIS PAGE AND THE PRECEDING 19 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 26 JULY 2010 AND CONFIRMED ON MONDAY, 9 AUGUST 2010.

Lord Mayor