MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 18 October 2010 AT 6:51 pm

 

PRESENT

 

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

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

The Lord Mayor, Councillor J Chedid 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 11 October 2010

 

RESOLVED      (Garrard/Wilson)

11871

 

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

 

 

APOLOGIES

 

11872        RESOLVED       (Wearne/Elmore)

 

That an apology be received and accepted for the absence of Councillor P Esber.

 

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest at this Council Meeting.

 

 

LORD MAYORAL MINUTES

 

1

SUBJECT          The Canonisation of Australia's First Saint Mary MacKillop

REFERENCE    F2006/00643

FROM                 The Lord Mayor, Councillor John Chedid

 

RESOLVED       (Chedid/Bide)

11873

 

(a)      That Council acknowledge the canonisation of Australia’s first Saint Mary MacKillop.

(b)      That Council fly a banner outside of Parramatta Town Hall until Monday 1 November 2010.

(c)       That Council make a donation of $500.00 to the Sisters of St Joseph of the Sacred Heart, founded by Saint Mary MacKillop in celebration of her canonisation.

(d)      Further, that the Bishop of Parramatta, the Most Rev. Anthony Fisher OP be consulted on how Parramatta City Council can further honour Australia’s first Saint, Mary of the Cross.

 

 

 

 

 

2

SUBJECT          The Adoption of a Foundation Acknowledgement for the City of Parramatta

REFERENCE    F2006/00643

FROM                 The Lord Mayor, Councillor John Chedid

 

RESOLVED       (Chedid/Lloyd)

11874

 

(a)      That Council adopt a Foundation Acknowledgment for the City of Parramatta to recognise the contribution of early settlers.

(b)      That the Foundation Acknowledgment follow a Welcome to Country paying respectful tribute to the traditional Aboriginal custodians of the lands surrounding Parramatta.

(c)       That the proposed Foundation Acknowledgment read: “I acknowledge the colonial heritage of Parramatta and recognise the contribution of the early settlers in laying the foundations of this great and historic city.”

(d)      That this Foundation Acknowledgment be used to commemorate the 200th Anniversary of Lachlan Macquarie’s Governorship.

(e)      Further, that Council consult with the community to ensure that the use of this Foundation Acknowledgment is respectful of all citizens of Parramatta.

 

 

 

PETITIONS

 

 

 

1

SUBJECT          Request for Speed Humps in Thomas Street, Granville

REFERENCE    F2004/06346

FROM                 The Residents of Gregory and Thomas Streets, Granville

 

RESOLVED      (Garrard/Issa OAM)

11875

 

(a)       That the petition be received and noted.

(b)       Further, that the petition be referred to the appropriate Council officer for report to the Parramatta Traffic Committee supporting the request.

 

 

 

 

 

SUSPENSION OF STANDING ORDERS

 

 

11876          RESOLVED    (Lloyd/Bide)

 

That Standing Orders be suspended to enable consideration of a rescission motion pertaining to the Draft Parramatta LEP 2010 in relation to places of Public Worship.

 

The Lord Mayor ruled the matter was one of urgency.

 

 

 

1

SUBJECT          Draft Parramatta LEP - Places of Worship

REFERENCE    F2010/01684

FROM                 Councillor Scott Lloyd

 

RESOLVED      (Lloyd/Bide)

11877

 

That  Minute No. 11836 of Item 4.1 of the Special Council Meeting held on 5 October regarding Places of Public Worship in R2 zones as follows:-

 

“That the staff recommendation to permit places of public worship in R2 zones be adopted.”

 

be and is hereby rescinded.

 

 

Note:          The above notice of rescission was lodged prior to the commencement of the meeting. 

11878

RESOLVED      (Lloyd/Garrard)

 

 

(a)      That Council remove Places of Public Worship from R2 zones because the NSW Planning Template does not allow any maximum limit on the size on the Places of Public Worship, and further, that all existing Places of Worship be placed in SP1 Special Activities.

(b)      That all sex related services be prohibited land use for the Parramatta LEP.

(c)       That all sex related services be proposed as a prohibited land use for the Parramatta City Centre LEP revision.

(d)      Further, that the NSW State Government and Local MPs be asked to support this Parramatta City Council LEP submission.

 

 

DIVISION       The result being:-

 

AYES:            The Lord Mayor, Councillor J Chedid  and Councillors A Bide, P J Garrard, A Issa OAM, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson

 

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

.

 

 

 

RESUMPTION OF STANDING ORDERS

 

 

11879                 RESOLVED                (Lloyd/Wearne)

 

That Standing Orders be resumed.

 

 

 

COUNCIL MATTERS TO BE BROUGHT FORWARD

 

 

11880                RESOLVED        (Wilson/Lloyd)

 

Due to the presence of Mr Denis Banicevic of PricewaterhouseCoopers in the gallery, Item 11.1 of Governance and Corporate regarding the 2009/10 Financial Report was brought forward and considered at this point in the meeting.

 

 

 

 

Economy and Development

 

8.1

SUBJECT          Parramasala

REFERENCE    F2009/02982 - D01639543

REPORT OF      Manager City Culture, Tourism and Recreation

 

MOTION             (Finn/Elmore)

(a)      That Council notes the draft Constitution for Parramasala Ltd and the minor amendments proposed relating to appointment to Council Directors.

(b)      That Council agrees to become a Member of Parramasala Ltd.

(c)       Further, that Council appoint three Directors of Parramasala Ltd being the Lord Mayor for the time, Councillor P K Maitra and the Chief Executive Officer for the time.

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT   (Garrard/Wilson)

(a)       That Council notes the draft Constitution for Parramasala Ltd and the minor amendments proposed relating to appointment to Council Directors.

(b)       That Council agrees to become a Member of Parramasala Ltd.

(c)        That Council appoints three Directors of Parramasala Ltd being the Lord Mayor for the time, Councillor A Bide and the Chief Executive Officer for the time.

(d)       Further, that Council endorse the nomination of Councillors P J Garrard and P K Maitra as alternate Directors of Parramasala Ltd for both the Lord Mayor and Councillor Bide.

 

11881

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

 

 

DIVISION       The result being:-

 

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

 

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

 

 

Note:          A rescission motion was lodged on this matter immediately following the closure of the meeting.

 

 

 

8.2

SUBJECT          Draft amendment to the Parramatta Development Control Plan for Places of Public Worship

REFERENCE    F2009/02709 - D01678970

 

 

 

 

 

 

 

MOTION             (Bide/Lloyd)

(a)      That Council adopt the draft amendment to the Parramatta Development Control Plan for Places of Public Worship as exhibited.

(b)      Further, that the amended controls within the DCP be incorporated into the draft comprehensive Parramatta Development Control Plan 2010.

 

 

AMENDMENT   (Finn/Lack)

(a)     That Council adopt the draft amendment to the Parramatta Development Control Plan for Places of Public Worship as amended and described in this report and included as Attachment 2.

(b)     Further, that the amended controls within the DCP be incorporated into the draft comprehensive Parramatta Development Control Plan 2010.

 

 

 

11882

 

The amendment was put and lost.

 

The motion was put and carried.

 

 

DIVISION       The result being:-

 

AYES:            The Lord Mayor, Councillor J Chedid and Councillors A Bide,  P J Garrard, A Issa OAM, C X Lim, S D Lloyd, M D McDermott, L E Wearne and A A Wilson

 

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

 

 

 

 

 

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 21 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 8.56 pm, there being in attendance The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

 

 

 

 

 

Environment and Infrastructure

 

 

9.1

SUBJECT          Public Reserves at Northmead

REFERENCE    F2004/07250 - D01675971

REPORT OF      Property Program Manager

 

RESOLVED      (Wearne/Garrard)

11883

 

That the Lord Mayor and Chief Executive Officer be authorised to affix the Council seal to the documentation for transferring to the Council the following parcels of land:-

·        Vol 7684 Fol 38 (Lot 87 DP 28969)

·        Vol 6665 Fol 27 (Lot 121 DP 20868 and Lot 1 DP 1142321)

·        Vol 6739 Fol 81 (Lot 45 DP 24984)

·        Vol 6673 Fol 213 (Lot 39 DP 22663)

 

 

 

 

9.2

SUBJECT          East Coast Fast Rail

REFERENCE    F2005/02301 - D01679536

REPORT OF      Senior Project Officer - Transport Planning

 

RESOLVED      (Finn/Elmore)

11884

 

(a)      That the matter be deferred to the next Council Meeting to develop a more detailed submission that addresses:-

·        Network capacity

·        Travel times to Sydney CBD

·        Possible second airport in Southern Highlands

·        Central Coast and Newcastle commuters

·        Other benefits for the proponents of the East Coast Fast Rail.

(b)      Further, that the Lord Mayor be given authority to make Council’s interest known to the Federal Government in the meantime.

 

 

 

 

9.3

SUBJECT          Parramatta Traffic Committee Minutes held on 30 September 2010

REFERENCE    F2008/05099 - D01680493

REPORT OF      Service Manager Traffic and Transport

 

RESOLVED      (Finn/Maitra)

11885

 

That the minutes of the Parramatta Traffic Committee held on 30 September 2010 be adopted.

 

 

 

 

9.4

SUBJECT          Traffic Engineering Advisory Group minutes held on 30 September 2010

REFERENCE    F2008/05096 - D01680500

REPORT OF      Service Manager Traffic and Transport

 

RESOLVED      (Barber/Elmore)

11886

 

That the minutes of the Traffic Engineering Advisory Group held on 30 September 2010 be adopted.

 

 

 

 

9.5

SUBJECT          Baludarri Wetland Plan of Management

REFERENCE    F2009/01267 - D01680752

REPORT OF      Catchment Officer Natural Resources. Also Manager City Assets and Environment Memorandum dated 15 October 2010.

 

RESOLVED      (Bide/Wilson)

11887

 

(a)       That Council adopt the draft Baludarri Wetland Plan of Management.

(b)       That copies of the adopted Baludarri Wetland Plan of Management be issued to Baludarri Bushcare Group, Parramatta Central Library and placed on Council’s website.

(c)       Further, that the respondents who provided submissions in response to the public exhibition of this draft Plan of Management be advised of Council’s decision and thanked for their interest.

 

 

Community and Neighbourhood

 

10.1

SUBJECT          Aboriginal and Torres Strait Islander Advisory Committee Meeting 28 September 2010

REFERENCE    F2005/01941 - D01680773

REPORT OF      Community Capacity Building Officer

 

RESOLVED      (Garrard/Lim)

11888

 

(a)       That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 28 September 2010 be received and noted.

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

 

 

Governance and Corporate

 

11.1

SUBJECT          2009/10 Financial Report

REFERENCE    F2009/01832 - D01665107

REPORT OF      Manager Finance

 

RESOLVED      (Garrard/McDermott)

 

11889

 

(a)      That Council adopt the Financial Report for the year ended 30 June 2010.

(b)      That Council authorise the Lord Mayor, Deputy Lord Mayor, Chief Executive Officer and Manager Finance (Responsible Accounting Officer) to sign the following:-

            1     General Purpose Financial Report

            2     Special Purpose Financial Report

(c)       That Council receive the Auditor’s Report on the 2009/10 Financial Report.

(c)       Further, that Council present the 2009/10 audited Financial Report and Auditor’s Report to the public at the Council Meeting of the 22 November 2009.

 

 

NOTE:       1       Mr Denis Banicevic of PricewaterhouseCooper was in attendance during consideration of this matter.

 

                    2       This matter was brought forward and considered immediately after the Resumption of Standing Orders (Minute No 11880 refers).

 

 

 

 

11.2

SUBJECT          Investments Report for August 2010

REFERENCE    F2009/00971 - D01667284

REPORT OF      Manager Finance

 

RESOLVED      (Lack/Lim)

 

11890

 

That Council receives and notes the investments report for August 2010.

 

 

 

 

11.3

SUBJECT          Disclosure of Interests Register as at 30 September 2010

REFERENCE    F2004/07102 - D01667627

REPORT OF      Policy Review Officer

 

RESOLVED      (Wearne/Lloyd)

11891

 

(a)       That Council note all Councillors and employees nominated as ‘designated officers’ by Council, have lodged Pecuniary Interest Returns in accordance with the requirements of the Local Government Act, 1993.

(b)       Further, that it be noted the Pecuniary Interest Returns for the 12 month period ending 30 June 2010 was tabled at the meeting.

 

 

 

 

11.4

SUBJECT          Council's Code of Meeting Practice

REFERENCE    F2008/00400 - D01667859

REPORT OF      Manager - Council Support

 

RESOLVED      (Garrard/Lack)

11892

 

(a)       That the Code of Meeting Practice as exhibited from 11 August 2010 be adopted with the following alterations:-

1       Clause 7(5)(d) be altered to read “Question Time is included at the end of all Council Meetings in the meeting cycle in accordance with Part 4, Section 35 of the Code”.

2       The inclusion of a reference to Public Forum in the Contents Page.

(b)       That an updated copy of the Code of Meeting Practice incorporating the changes mentioned in (a) above be provided to all Councillors and placed on Council’s website.

(c)       Further, that the person who made a submission be advised of Council’s decision.

 

 

 

 

11.5

SUBJECT          Access to Information Policy

REFERENCE    F2009/02038 - D01676450

REPORT OF      Policy Review Officer

 

RESOLVED      (Bide/Elmore)

11893

 

That the Access to Information Policy be adopted, including:-

1          Council affirms that access to information will be made available in accordance with the provisions of GIPA and Privacy and Personal Information Protection Act (PPIPA).

2          Where access under informal access is denied, applicants will be advised of their rights under formal access of the GIPA Act.

3          In addition to the public interest considerations contained within Section 14 of the GIPA Act, Council will not make available personal details of complainants, as defined in Council’s Privacy Management Plan, however, the subject of the complaint will be released unless such release would breach the GIPA Act.

 

 

 

 

11.6

SUBJECT          National Australian Local Government Women's Association Conference 25 - 27 November 2010 - North Ryde, Sydney

REFERENCE    F2010/00128 - D01677289

REPORT OF      Manager - Council Support

 

RESOLVED      (Barber/Bide)

11894

 

(a)       That Councillors J D Finn and L E Wearne attend the National Australian Local Government Women’s Association Conference “Women Going Places” in North Ryde from 25 – 27 November 2010.

(b)       Further, that delegate registration be paid from account number 10.1260.712.644405.

 

 

Notices of Motion

 

12.1

SUBJECT          Placing of stickers on PCC vehicles to promote safe driving

REFERENCE    F2004/10213 - D01682864

REPORT OF      Councillor M D McDermott

 

RESOLVED      (McDermott/Lim)

11895

 

(a)       That all trucks, light commercial vehicles and trailers owned and operated by PCC, display appropriate and clearly visible stickers or signage that states words to the effect of what is stated below. Staff will arrange for the appropriate phone number to be established for display on this signage.

 “Parramatta City Council values safe driving. If you have any compliments or concerns about my driving please report this vehicles registration number on phone number nnnnnnnn”. 

(b)          That PCC write to its current rubbish, & cleaning contractors and seek their co-operation to ensure that all vehicles used for PCC rubbish and cleansing work have this have this signage applied.

(c)       That all future contracts for rubbish and cleansing work, have an appropriate clause to give effect to the intent of this motion.

(d)      That this matter be reinvestigated in 6 months time with a view to the proposal possibly being extended to all Council owned vehicles.

(e)      Further, that a monthly update be provided via the Councillors Information Folder on the success of this proposal including advice on the amount and type of calls received.

 

 

 

 

CLOSED SESSION

 

11896

RESOLVED      (Lack/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 item listed comes within the following provisions:-

 

 

1       Civic Place Redevelopment: Approval to Acquire Leasehold Interests at 20-26 Darcy Street Parramatta. (D01683808) - 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.

 

 

RESUMPTION OF MEETING

 

 

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

 

 

 

1.1

SUBJECT          Civic Place Redevelopment: Approval to Acquire Leasehold Interests at 20-26 Darcy Street Parramatta

REFERENCE    F2004/06404 - D01683808

REPORT OF      Property Development Director

 

RESOLVED      (Garrard/Bide)

11897

 

(a)      That Council acquire the leasehold interests in the land comprising the following properties:

·         20-22 Darcy Street, being lot 3 in DP 221128;

·         24 Darcy Street, being lot 3 in DP 211992; and

·         26 Darcy Street, being lot 4 in DP 211992.

(b)       That Council negotiate with each tenant of a leasehold interest to endeavour to reach agreement on the acquisition in the event that for any of those properties no such agreement is reached: -

·          the acquisition of the leasehold interests be carried out by compulsory process in accordance with Part 1 of Chapter 8 of the Local Government Act 1993 and the Land Acquisition (Just Terms Compensation) Act 1991;

·          Council seek approval from the Minister for Local  Government in accordance with s187 of the Local Government Act 1993 to give all necessary Proposed Acquisition Notices in accordance with the Land Acquisition (Just Terms Compensation) Act 1991;

·          Council take each other step as is necessary to obtain the Minister's approval including making applications and providing a written explanation of the purpose of acquisition of land referred to in clause 5 of Schedule 3 of the Land Acquisition (Just Terms Compensation) Act;

·          Following receipt of the Minister's approval Council serve each PAN and take each other action necessary to carry out the acquisition; and

·          Council give effect to the acquisitions by publication of acquisition notices in the Government Gazette and such other publication as may be required by law.

(c)     That Council seeks such further approvals from the Minister, the Governor or any public authority as may be necessary, and takes all actions as may be necessary, to give notices and otherwise carry out the acquisitions by means of compulsory acquisition.

(d)     That Council authorise the Chief Executive Officer to complete and execute all documentation necessary to finalise and bring into force Council’s acquisition of the leasehold interests at 20-26 Darcy Street, Parramatta and if necessary to fix the Council seal to the application to the Minister, the Governor or any public authority for the compulsory acquisition. 

(e)      Further that if agreement on acquisition of a leasehold interest is reached with any tenant of a leasehold interest, the terms of such agreement will be subject to a further resolution of Council.

 

 

RESCISSION MOTIONS

 

A notice of motion to rescind Item 8.1 of Economy and Development regarding Parramasala was submitted immediately following the closure of the meeting.

 

 

 

The meeting terminated at 9.40 pm.

 

 

 

THIS PAGE AND THE PRECEDING 11 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 18 OCTOBER 2010 AND CONFIRMED ON MONDAY, 8 NOVEMBER 2010.

 

 

 

 

 

Lord Mayor