Minutes of Council - 22 November 2010

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 22 November 2010 AT 6:53 pm

PRESENT

The Lord Mayor, Councillor J Chedid, in the Chair and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, 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 Burramattagal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

FOUNDATION ACKNOWLEDGEMENT

The Lord Mayor also acknowledged the colonial heritage of Parramatta and recognised the contribution of the early settlers in laying the foundations of this great and historic city.

MINUTES

SUBJECT Minutes of the Council (Development) Meeting held on 8 November 2010

RESOLVED (Garrard/Elmore)

11928

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

APOLOGIES

11929 RESOLVED (Esber/Elmore)

That an apology be received and accepted for the absence of Councillors P B Barber and M A Lack.

DECLARATIONS OF INTEREST

There were no declarations of interest at this Council Meeting.

LORD MAYORAL MINUTES

SUBJECT 40 Cowper Street Granville - Proposed Development

REFERENCE F2008/03904

FROM The Lord Mayor, Councillor J Chedid.

RESOLVED (Chedid/Garrard)

11930

(a) That Council authorises the Lord Mayor and the Chief Executive Officer to continue negotiations with the Transport Construction Authority to provide a commuter car park that complements the redevelopment potential of the site of 40-48 Cowper Street Granville.

(b) That the Property Development Group present a report to a future meeting of Council which considers the future development potential of the site together with a business case for that development and incorporates a nominal rent period of 15 years.

(c) Further, that the anticipated report include the support, if any, from the NSW State Government, to transfer their budgeted $6M and any other relevant contribution, to a joint escrow account with PCC before 26 March 2011.

SUBJECT Removal and relocation of signs erected for the Save Our Suburbs unsupported development campaign

REFERENCE F2004/06472

FROM The Lord Mayor, Councillor J Chedid

RESOLVED (Chedid/Esber)

11931

(a) That a Committee consisting of the Lord Mayor and the respective ward councillors determine the removal or relocation of individual signs erected for the Save Our Suburbs unsupported development campaign away from newly constructed accommodation as the occupation of each dwelling becomes imminent.

(b) That Council remove or relocate individual signs erected for the Save Our Suburbs unsupported development campaign at the discretion of the Lord Mayor and the respective ward Committee.

(c) Further, that Council advise the Lord Mayor when occupation of newly constructed accommodation identified in the Save Our Suburbs unsupported development campaign becomes imminent.

SUBJECT Safer City Program

REFERENCE F2006/00965

FROM The Lord Mayor, Councillor J Chedid

RESOLVED (Chedid/McDermott)

11932

(a) That Council hold a community forum to discuss perceptions and impacts of anti-social behaviour in Parramatta and an invitation be forwarded to Commander Redfern to attend this forum.

(b) That Council promote and facilitate submissions to Council from both inside and outside the Local Government Area on the perceptions and impacts of anti-social behaviour in Parramatta.

(c) That Council install a public safety wireless CCTV network in the Church Street dining precinct and in that part of Darcy Street in the vicinity of Hungry Jacks to provide a safer environment by assisting in crime prevention and detection of offenders.

(d) That relevant premises in the City be approached in relation to a contribution towards the cost of CCTV cameras located outside their respective premises.

(e) That Council consult with the New South Wales Police and the business community to identify optimal locations for these cameras.

(f) That Council explore the option of providing the New South Wales Police with retail space to monitor the CCTV network and provide information services to the community.

(g) That Council explore measures to deter anti-social behaviour by drivers and passengers in the Church Street dining precinct, including a regular program of vehicle defect operations with the New South Wales Police.

(h) That Council’s Community Safety Officers work with the New South Wales Police to regularly patrol and enforce Alcohol free zones.

(i) That Council work with the New South Wales Police and the Office of Liquor, Gaming and Racing in a joint agency program to monitor high risk licensed premises that contribute to the incidence of alcohol related crime.

(j) That Council develop and promote a safe route/safe car park scheme.

(k) Further, that Council review safer by design initiatives in Church Street Mall to discourage excessive loitering and explore other initiatives to activate the space.

Public Forum

5.1

SUBJECT Planning Proposal, Draft DCP, and Draft Voluntary Planning Agreement - 2 Morton Street, Parramatta

REFERENCE F2010/01017

FROM Clare Swan – JBA Planning

11933

“Frasers are keen to develop a project on this site that had been acknowledged for some time as being an optimum site for increased residential housing – in proximity to the amenity of the river, the convenience of the CBD and providing recreation and open spaces to connect into these facilities.

There has been a significant planning timeframe to get to this point, since 2002 and Frasers are delighted to see that the recommendation is to continue to progress the LEP.

Frasers have demonstrated an aptitude to develop significant high quality residential projects. Frasers can bring there significant skills in this area to develop this site to become an asset to Parramatta.

Through the negotiation of the Voluntary Planning Agreement (VPA) the development will offer enormous community benefit to Council far in excess of the applicable Section 94 contributions that would be payable on the site (in excess of 2 times the applicable developer contributions). This includes dedication of foreshore land to Council for a public reserve, cash contributions towards a pedestrian bridge, pathway, river platform, foreshore road and new vehicle turning circle; construction of a passive recreation area; planting and maintaining trees on the new public road reserves.

To Frasers credit, they have continued to work with Council through the LEP Gateway process when other developers may have chosen to rely solely on the comprehensive LEP process which still rezones the land for increased residential development and would only attract developer contributions, lower than the contributions in the VPA.

Frasers would urge the Council to positively adopt the recommendation to progress the rezoning to the Department of Planning, to allow this important project to proceed to LEP gazettal. This will allow the VPA and the rezoning to be finalised ahead of the comprehensive LEP, allowing the significant public benefits in this VPA to be realised.”

5.2

SUBJECT Reverse decision to ban smoking in outdoor dining areas within Parramatta LGA

REFERENCE F2004/09820 - D01712742

FROM Michael Rihma

11934

“OUR POINTS: This is not an issue about supporting smoking. This is a fundamental issue of our democratic right. This plea is to protect the democratic rights and civil liberties this council has imposed with its recent decision to ban smoking in outdoor dining areas.

We are talking about the consumption of a product that can be purchased legally across the counter from any newsagency, supermarket, tobacconist and convenience store. The product is of course cigarettes.

The council has made a decision without due diligence. Not one business out of over 100 in the Parramatta region I have spoken to was consulted about this decision before it was made.

Not one citizen out of countless that I have spoken to was consulted about this decision before it was made.

There has been no evidence that a survey has been completed to assist with the decision. No research and no consultation. This concludes to me that the ban was a stealth and undemocratic decision made by this council and after consulting with the businesses and people of Parramatta and bringing their opinion forward, I ask council to reconsider the ban on smoking within Parramatta.

There has been no action to date by federal and NSW state governments imposing an identical ban as this local council has done.

Buses and other motor vehicles omit more toxic chemicals all throughout Parramatta LGA yet no such ban has been placed to prevent these vehicles from areas where consumers dine.

Alcohol has a longstanding history of causing violence and even death. Yet no such ban has been placed to prevent diners from consuming alcohol.

In my opinion, what should be done is council work towards a solution for responsible smoking similar to a manner whereby alcohol is managed and promoted to be consumed responsibly. Smokers have already been ousted from society by not being allowed to consume their legal purchase indoors and have accepted the only place acceptable to smoke and enjoy a meal or beverage…. OUTDOORS! It is unfair and downright undemocratic to now take that away from 20% of the population (Australian Council on Smoking and Health).

It is ironic that smoking be banned in an outdoor dining area yet legal just outside. This can be as little as half a metre away from a diner and that is an ok area to smoke. Yet 2 metres away in an enclosed area will become illegal. Where is the “common” sense?

Many businesses and citizens believe their council (Parramatta) is being unfair. They are urging the council to please stop introducing bans and restrictions. When I asked people and businesses within Parramatta their thoughts of council, the common reply was please just tell them to leave us alone. This council’s approach is completely inconsistent with other councils in our state. In the past 4 months of this lobby, I have concluded that I also agree with this opinion.

Businesses do believe they will be financially affected by this decision concluding that people who choose to smoke will resort to other areas in which they are allowed to wine, dine and smoke as they please. Such a shame Parramatta council has made a decision to not welcome this culture.

Outdoor dining is not a place for smokers according to this council yet private courtyards are ok. The only businesses with private courtyards I have encountered are; Westfield, larger pubs and one restaurant that can be considered a small business. Every other small business has been stripped of allowing smokers to smoke in their current designated area. Does council understand that this decision is going to hurt small business? The small business owners of Parramatta strongly believe it will.

Of the 25 restaurants I visited in Parramatta’s main strip (Church St), 20 have signed urging the decision to be reversed. That leaves 5 that did not sign. 2 of them could not sign due to franchise rules even though they disagreed with the ban and did sign as individuals, 2 businesses did not sign as they are leaving Parramatta and one had a courtyard. If this is not a good measure that the decision is not welcome, then what is?

My key questions to council after considering the above points are as follows:

1. Council has been elected to represent its people. What surveys and research and most importantly, consultation had been made with businesses and citizens of Parramatta prior to this ban being imposed?

2. Section (e) of the ban states; “that an appropriate promotional strategy” would be enforced to educate businesses, promote restaurants and thank restaurants. Not one business out of over 60 I have spoken to in the entire Parramatta region has confirmed that any of the above has commenced. My question is; what educating, promoting and acknowledgement has occurred to date?

3. Is it illegal to smoke and have you considered alternate ways for smokers and non smokers to share the same area in a mutual manner?

4. Would council reverse the decision if it was made aware that the majority of businesses in the Parramatta region and 1,000’s of citizens both local and visitors do not welcome the ban?

5. In the event the decision is not reversed and the impact on business is more severe than expected, how would council front businesses and compensate them for their loss due such an impractical decision made?

To conclude, we, the people and businesses of Parramatta, do not want this to become an election issue. The people are frustrated and upset and want to know who is behind this decision. We have been working on this lobby for months leading to today to have this decision reversed. The vast majority of your small businesses are furious. They see this council collectively as guilty for introducing the ban. Let the people choose whether they want to smoke or not. Let the businesses manage smokers and non smokers. It is their business more than it is yours (the council). A decent number of people who visit Parramatta are furious. Hear their opinion. Hear their plea. I urge council to represent the people and businesses of this region. Represent their views and reverse this ban on smoking in outdoor dining areas. Let the cars drive, let people wine and dine and let smokers smoke. The focus should be on how to do things responsibly rather than just cutting it altogether. It is not just smoking that will be cut. It will be a great number of visitors, small business and in the end it will be this council who makes their laws, supposedly in their best interests.

On behalf of your people and businesses, I thank you for taking the time to hear our plea.

RESPONSE BY Sue Weatherley – Group Manager Outcomes and Development:-

“Council is preparing a consultation strategy which will be rolled out shortly. IN undertaking their duties, Council officers have made contact with businesses to advise them of the ban.”

PETITIONS

1	SUBJECT Objection to Banning of Smoking in Outdoor Dining Areas REFERENCE F2004/10350 FROM Various Restaurant Proprietors and Patrons
	RESOLVED (Wearne/Lloyd)
11935	(a) That the petition received from business owners and restaurant proprietors be received and noted. (b) That the petition received from patrons be received and noted. (c) That a policy be taken to allow smoking in outdoor dining areas. (d) That broad consultation be carried out over the next 12 months to ascertain whether there is any and, if so, what level of support existing in the business and general community for a ban of smoking in alfresco dining areas owned or controlled by Parramatta City Council such consultation to include:- 1 Face to face interviews and surveys carried out with restaurant proprietors; 2 Face to face interviews and surveys carried out with diners at both lunch times and dinner times in a large sample of restaurants; 3 Surveys conducted in Parramatta Park at the Residents Panel stand on Australia Day and/or any other appropriate time and place; 4 Surveys and interviews to be carried out across a broad age, social, ethnicity and other demographic sample. (e) Further, that the costs of such consultation be taken from the City Centre Economic Development Levy and/or rentals and licence fees received from footpath leases and licences and/or any other appropriate budget.
	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, L E Wearne and A A Wilson. NOES Councillors G J Elmore, P Esber, J D Finn, P K Maitra and M D McDermott.
	NOTE: A Notice of Motion to rescind this decision was submitted immediately following the conclusion of the meeting.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.58 pm for a period of 18 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.16 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

Note

Following the adjournment the Lord Mayor suggested that in view of the time, Council limit itself to 2 speakers for and 2 speakers against for each item.

Rescission Motions

7.1	SUBJECT Parramasala REFERENCE F2009/02982 - D01728910 REPORT OF N/A
	RESOLVED (Garrard/Lloyd)
11936	That the resolution of the Council (Development) Meeting held on 8 November 2010, regarding, Parramasala namely:- (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 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. (d) Further, that Council endorse the nomination of Councillor A Bide as an alternate Director of Parramasala Ltd for both the Lord Mayor and Councillor P K Maitra. be and is hereby rescinded.
	RESOLVED (Garrard/Lloyd)
11937	(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 appoint 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 Councillor P K Maitra as an alternate Director of Parramasala Ltd for both the Lord Mayor and Councillor A Bide.

7.2	SUBJECT Section 94A, Development Contribution - 40 Alice Street, Harris Park REFERENCE DA/884/2008/C - D01728919 REPORT OF N/A
	RESOLVED (Garrard/Wearne)
11938	That the resolution of the Council (Development) Meeting held on 8 November 2010, regarding Section 94A, Development Contribution – 40 Alice Street, Harris Park namely:- That Council defer for 12 months the Section 94A contribution as requested from the Maronite Catholic Parish of Our Lady of Lebanon, Harris Park, subject to a successful 12 month trial of the booking system the fee would be waived. be and is hereby rescinded.
	RESOLVED (Garrard/Lloyd)
11939	(a) That Council request the applicant to lodge a section 96 application and such application be considered on its merits in accordance with council policies. (b) Further, that any report on a section 96 request to waive the S94 contribution consider a 12 month trial period on the use of the community rooms by the wider community together with an appropriate booking system. Such report to consider refunding the S94 contribution paid upon successful implementation of the 12 month trial.

7.3	SUBJECT Advertising REFERENCE F2004/08909 - D01728997 REPORT OF N/A
	RESOLVED (Bide/Lim)
11940	That the resolution of the Ordinary Council Meeting held on 8 November 2010, regarding, Advertising namely:- That no further action be taken on this matter. be and is hereby rescinded.
	RESOLVED (Bide/Issa OAM)
11941	That the CEO prepare a report returnable within one month on:- 1. How Parramatta City Council advertising is structured, 2. How the advertising is allocated to local newspapers, 3. How information delivery is targeted, 4. What triggers cause a major broadsheet newspaper to be used, 5. Provide Council with suggestions and alternatives to gain best value for the ratepayers of Parramatta LGA, 6. What policy, if any exists to access communities such as the vision impaired and those where English is not the first language, 7. What opportunities and arrangements are there to advertise electronically using the internet and community newsletters where cost savings may be achieved, 8. Produce to Council for inspection all contracts or summaries thereof in existence at the present time for the provision of advertising or like services, 9. Further, that Council resolve to honour all existing contracts for advertising and short term arrangements but enter into no new contracts until the report has reached the Council for consideration and an opportunity to review this area of expenditure has been completed.

COUNCIL MATTERS TO BE ADOPTED WITHOUT DISCUSSION

11942 RESOLVED (Bide/Lloyd)

(a) That Council deal with each item individually.

(b) Further, that Council undertake a trial period of 24 months where each item is considered individually. Following that time, Council give consideration to amending its relevant policy to reflect this practice.

Economy and Development

9.1

SUBJECT Parramatta City Centre Lanes Policy

REFERENCE F2009/00340 - D01709974

REPORT OF Senior Project Officer- Urban Design

RESOLVED (McDermott/Bide)

11943

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

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

9.2	SUBJECT Channel 7 Studios, 61 Mobbs Lane, EPPING NSW 2121 (Lot 1 DP 129023, Lot 2 DP 129023, Lot 1 DP 570891, Lot 2 DP 732070) (Lachlan Macquarie Ward) DESCRIPTION Project application for the construction of 28 townhouses ranging in height between 2-3 storeys, with associated garage parking and landscaping of private open space REFERENCE NCA/20/2010 - Submitted 28 September 2010 APPLICANT/S Meriton Apartments Pty Limited OWNERS Karimbla Properties (No 9) Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL To seek Council endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of 28 townhouses ranging in height between 2-3 storeys, with associated garage parking and landscaping of private open space. The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.
	RESOLVED (Elmore/Issa OAM)
11944	That Council endorse the submission to the Director General of the Department of Planning (contained at Attachment 1) regarding their assessment of a project application at 61 Mobbs Lane, Epping.
	NOTE: Councillor A A Wilson requested that his name be recorded as having voted against this decision.

9.3

SUBJECT Westmead Millenium Institute within the grounds of Westmead Hospital, 166 -174 Hawkesbury Road, Westmead, Lot 100 DP 1119583 (Arthur Phillip Ward)

DESCRIPTION Part 3A Application for the construction of a part 7 and part 8 storey Medical Research Facility

REFERENCE NCA/4/2010 -

APPLICANT/S Health Infrastructure

OWNERS Health Commission of NSW

REPORT OF Manager Development Services

REASON FOR REFERRAL TO COUNCIL

To seek Council endorsement of a submission to the Director General of the Department of Planning on the project application for the construction of a part 7 and part 8 storey Medical Research Facility

The application is made under Schedule 3 of State Environmental Planning Policy (Major Development) 2005. Under Part 3A of the Environmental Planning and Assessment Act 1979, the proposal is declared as a Major Project and the Minister for Planning is the Consent Authority for the above project.

RESOLVED (Finn/Issa OAM)

11945

That Council endorse the submission to the Director General of the Department of Planning on the Part 3A application for the Westmead Millenium Institute, contained at Attachment 1.

9.4	SUBJECT Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta REFERENCE F2010/01017 - D01724670 REPORT OF Project Officer – Land Use. Land Use and Transport Planning
	MOTION (Finn/Esber) That consideration of this matter be deferred for a public hearing to be held with all objectors being invited to attend.
	AMENDMENT (Issa OAM/Garrard)
	(a) That Council consider all submissions received and adopt the Planning Proposal for 2 Morton Street, Parramatta subject to the following variations as enabled by Section 58 of the Environmental Planning and Assessment Act 1979: 1 That the Floor Space Ratio be increased from 1.2:1 to 1.3:1. 2 That the portion of the site to be zoned Waterway be reduced to that area as shown in Attachment 4. 3 That a clause be introduced into the Planning Proposal that for the purposes of calculating FSR, the whole of the site area be included. (b) That Council adopt the draft VPA subject to the finalisation of the legal drafting, including the matters raised in this report. (c) That upon signing of the Voluntary Planning Agreement, the Planning Proposal as amended be forwarded to the Department of Planning in accordance with Section 59 of Environmental Planning and Assessment Act 1979 and that the Director General make arrangements for the legal drafting of the required LEP amendment. (d) That subject to the signing of the Voluntary Planning Agreement, the draft Parramatta Local Environmental Plan 2010 be amended, prior to its finalisation to include the outcomes of the Planning Proposal. (e) That Council not carry out a public hearing in respect of the Planning Proposal and the submitters requesting this be notified accordingly. (f) That Council adopt the site specific draft Development Control Plan (DCP) for 2 Morton Street, subject to the following amendments, with the DCP to become effective at the date corresponding to the making of the LEP amendment giving effect to the proposal: 1. That the provision contained in draft Parramatta DCP 2010 with respect to car sharing scheme also apply to this site specific DCP. 2. That assessment criteria be included in the draft DCP to enable the proper assessment of a development application which proposes development at or adjoining the 1 in 100 year flood line. 3. That the wording of clause 3.2 be amended to reiterate Council’s preference for tower elements to be located closer to the interface of the foreshore land. 4. Delete reference to clause 5.1. 5. That the depth of buildings be measured from glass line to glass line. 6. Delete clause 5.4 (e). 7. Remove the 40% landscape requirement and allow for landscaping controls to be a merit assessment with an emphasis on deep soil planting within the Mixed Use zone. 8. That car parking requirements be amended to be consistent with the draft Parramatta DCP 2010. 9. That reference to road widening requirement for Morton Street be deleted. 10. That the specifications for width of the road verge for Morton Street be a 3 metre footpath plus a 3 metre grassed verge. (g) 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 (h) Further, that all persons who made submissions be notified of the outcome.
11946	The amendment was put and carried and on being put as the motion was again carried.
	DIVISION The result being: AYES Councillors A Bide, P J Garrard, A Issa OAM, C X Lim, S D Lloyd, L E Wearne and A A Wilson. NOES The Lord Mayor, Councillor J Chedid and Councillors G J Elmore, P Esber, J D Finn, P K Maitra and M D McDermott.
	NOTE: A Notice of Motion to rescind this decision was submitted immediately following the conclusion of the meeting.

9.5	SUBJECT Draft Parramatta DCP 2010 - Consideration of Submissions REFERENCE F2009/01146 - D01726352 REPORT OF Project Officer - Land Use and Transport Planning
	RESOLVED (Bide/Elmore)
11947	(a) That Council adopt the changes to the draft Parramatta DCP 2010 as outlined in Attachment 2. (b) That Council re-exhibit changes to the draft DCP, as are determined to be necessary as discussed in this report, for a period of 28 days and the outcome be reported back to Council. (c) Further, that the CEO be authorised to correct any minor anomalies, typographical errors and the like in the draft DCP, without further reporting to Council.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None

9.6

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01726487

REPORT OF Project Officer

RESOLVED (Garrard/Wilson)

11948

(a) That the minutes of the Heritage Advisory Committee meeting of 20 October 2010 be received and noted.

(b) That Council make available an amount of $1000 from Council’s Local Heritage Account by way of a grant to the “Friends of Mays Hill Cemetery” to assist in the general upkeep of the Mays Hill Cemetery, where it has been identified that at least 7 former mayors of Parramatta are buried, namely:-

Samuel Burge 1874

Edward Pearce 1902

Charles Byrnes 1870

William Noller 1896

Arthur Collett 1930

John Saunders

William Irwin 1938.

9.7	SUBJECT 61 Mobbs Lane Epping - Draft Voluntary Planning Agreement REFERENCE F2005/02607 - D01731501 REPORT OF Project Officer - Land Use and Transport Planning
	MOTION (Elmore/Wearne) (a) That Council consider this report and agree to place the draft Voluntary Planning Agreement (VPA) on public exhibition. (b) That a wider consultation be undertaken incorporating an additional 150 houses and the advertising period be extended until 14 February 2011. (c) That delegation be granted to the CEO to carry out any minor amendments to the final legal wording of the terms of the draft VPA as required, that do not result in any material change to the nature of the agreement. (d) Further, that upon completion of the pubic exhibition of the VPA, any submissions received be reported to Council.
11949	DIVISION The result being: AYES Councillors G J Elmore, P J Garrard and L E Wearne. NOES The Lord Mayor, Councillor J Chedid and Councillors A Bide, P Esber, J D Finn, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. The motion was put and lost.
	RESOLVED (Esber/Bide).
11950	That the matter be recommitted for consideration.
	RESOLVED (Elmore/Wearne)
11951	(a) That Council consider this report and agree to place the draft Voluntary Planning Agreement (VPA) on public exhibition. (b) That a wider consultation be undertaken incorporating an additional 150 houses and the advertising period be extended until 14 February 2011. (c) That delegation be granted to the CEO to carry out any minor amendments to the final legal wording of the terms of the draft VPA as required, that do not result in any material change to the nature of the agreement. (d) Further, that upon completion of the pubic exhibition of the VPA, any submissions received be reported to Council.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne. NOES Councillor A A Wilson.
	NOTE Councillor A A Wilson requested his name be recorded as having voted against this decision.

9.8

SUBJECT 124-130 Kissing Point Road, Dundas
Lots 1 & 2 DP 455476, Lot 3 DP 656064 & Lot 1 DP 705877 (Elizabeth Macarthur Ward)

DESCRIPTION Construction of 2 x 2 storey buildings containing a total of 18 residential units over basement carparking under SEPP (Affordable Rental Housing) 2009.

REFERENCE DA/460/2010 - Submitted 15 June 2010

APPLICANT/S Gus Fares Architects Pty Ltd

OWNERS Medco Petroleum Pty Limited

REPORT OF Manager Development Services and Memorandum from Team Leader Development Services dated 19 November 2010.

MOTION (McDermott/Wearne)

That consideration of this matter be deferred to the Council Meeting (Development) to be held on 6 December 2010 pending receipt of legal advice on Council’s chances of success and subsequent cost should the application be refused and subsequently appealed in Court together with advice on the character of the area and other development in proximity to the site.

AMENDMENT (Issa OAM/Bide)

That Council as the consent authority grant development consent to Development Application No. 460/2010 for the construction of 2 x 2 storey buildings containing a total of 18 residential units over basement car parking under SEPP (Affordable Rental Housing) 2009 on land at 124-130 Kissing Point Road, Dundas subject to the conditions contained within Attachment 1.

11952

The amendment was put and lost.

The motion was put and carried.

Environment and Infrastructure

10.1

SUBJECT Development Control Enforcement Policy

REFERENCE F2009/01489 - D01687222

REPORT OF Manager Regulatory Services

RESOLVED (Esber/Issa OAM)

11953

That Council adopt the Development Control Enforcement Policy.

10.2

SUBJECT Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street

REFERENCE F2008/05099 - D01723987

REPORT OF Service Manager Traffic and Transport

MOTION (Esber/Elmore)

That consideration of this matter be deferred to the Council Meeting to be held on 13 December 2010 pending a meeting with the Local Area Commander and officials from the Roads and Traffic Authority with arrangements for the meeting to be left in the hands of the Lord Mayor.

AMENDMENT (Lloyd/Issa OAM)

(a) That Council note that it cannot proceed with the trial part-time closure unless it also has the approval of the RTA.

(b) That due to the RTA’s and Police opposition, Council not proceed with the trial part-time closure of Church Street at this point in time.

(c) That Council work with Parramatta Police to facilitate measures to reduce anti-social driving behaviour in the CBD such as Vehicle Defect Operations.

(d) Further, that Council implement a traffic survey to obtain information on the number of motorists undertaking anti-social behaviour in Church Street and report back on the results of these surveys.

11954

The amendment was put and lost.

The motion was put and carried.

10.3

SUBJECT Draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan

REFERENCE F2010/00355 - D01724530

REPORT OF Project Officer. Environmental Outcomes

RESOLVED (Finn/Elmore)

11955

(a) That the draft Parramatta City Council Climate Extremes Risk Assessment and Adaptation Action Plan be placed on exhibition for 60 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.

10.4

SUBJECT State of the Environment Report 2009/2010

REFERENCE F2004/07645 - D01725106

REPORT OF Manager Environmental Outcomes

RESOLVED (Finn/Elmore)

11956

That Council endorse the State of the Environment Report for inclusion in the 2009/10 Annual Report.

EXTENSION OF TIME

11957 RESOLVED (Esber/Wilson)

That the time having passed 11.00 pm, the meeting be extended for 30 minutes to enable completion of the remaining Agenda items.

Community and Neighbourhood

11.1

SUBJECT Access Advisory Committee Minutes 19 October 2010

REFERENCE F2005/01944 - D01705333

RESOLVED (Esber/Elmore)

11958

(a) That the minutes of the Access Advisory Committee meeting on 19 October 2010 (Attachment 1) be received and noted.

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

11.2

SUBJECT IT Community Capacity Building Project

REFERENCE F2010/02185 - D01710082

REPORT OF Grants Project Officer

RESOLVED (McDermott/Maitra)

11959

(a) That consideration of this matter be deferred to the next Council Meeting pending advice on allocation of resources to bodies outside the LGA.

(b) Further, that the Lord Mayor and Councillors C X Lim, M McDermott and P K Maitra form a team to carry out an investigation on the allocation.

11.3

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 October 2010

REFERENCE F2005/01941 - D01713002

REPORT OF Community Capacity Building Officer

RESOLVED (Finn/Maitra)

11960

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 26 October 2010 be received and noted.

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

11.4

SUBJECT Fee for Advertising of External Recreation Services

REFERENCE F2010/02740 - D01725062

REPORT OF Recreation Development Officer. Recreation Services

RESOLVED (Esber/Elmore)

11961

(a) That Council receive and note this report.

(b) Further, that Council adopt the fee of $150.00 per advertisement per edition for advertising by external recreation service providers within Council’s School Holiday Guide.

11.5

SUBJECT Expressions of Interest for the Construction and Operation of a Recreation Facility, being an all Weather Soccer and Multi Use Sporting Court Complex at Barton Park
Tender Number 36/2009

REFERENCE F2009/02502 - D01692581

REPORT OF Property Program Manager

RESOLVED (Esber/Maitra)

11962

(a) That Council terminates the current tender for the construction and operation of a recreation facility at Barton Park (tender 36/2009).

(b) That Council commence a new tender process for the construction and operation of a recreation facility, being an all weather soccer and multi use sporting court complex at Barton Park.

(c) Further, that if the recommendation to terminate and re-tender is approved, that all tenderers which submitted a tender application (for tender 36/2009) be formally advised of Council’s decision to terminate the tender and to re-tender the project.

Governance and Corporate

12.1

SUBJECT Presentation of 2009/10 Financial report to the Public

REFERENCE F2009/01832 - D01665173

REPORT OF Manager Finance

RESOLVED (Esber/Maitra)

11963

That the 2009/10 Financial Report and the Auditors Report be received and presented to the public.

12.2

SUBJECT Fees and Charges following the Services Review

REFERENCE F2009/02419 - D01674613

REPORT OF Manager Finance

RESOLVED (Wilson/Bide)

11964

That Council approves the public exhibition for a 28 day period of a proposal for the introduction of the following new fees and charges as a result of the Service Review.

Description	Fees & Charges per Unit
Microchip Fee Normal Rate	$31.80
Microchip Fee Pensioner Rate	$22.75
Pound Release Morton St Depot	$9.10
Outstanding Notices Certificate Noxious Weeds	$118.70
Commercial and Residential customers / Replacement 240 litre bin	$60
Commercial and Residential customers / Replacement 140 litre bin	$55
Line marking of Driveways	$200

12.3

SUBJECT Report of Audit Committee Meetings

REFERENCE F2008/02951 - D01702492

REPORT OF Service Auditor

RESOLVED (Esber/Garrard)

11965

(a) That the Minutes of the Audit Committee meeting held on 27 May 2010 (Attachment 1) be received and noted.

(b) That the Minutes of the Audit Committee meeting held on 26 August 2010 (Attachment 2) be received and noted.

(c) Further, that the Minutes of the Audit Committee special meeting held on 7 October 2010 (Attachment 3) be received and noted.

12.4

SUBJECT Quarterly Review September 2010 - Delivery program and Operational Plan 2010/11

REFERENCE F2010/02199 - D01710687

REPORT OF Manager Finance

RESOLVED (Esber/Elmore)

11966

(a) That Council adopt the Chief Executive Officer’s September 2010 Quarterly Review of the 2010/14 Delivery Program and 2010/11 Operational Plan. (Attachment 1).

(b) Further, that Council adopt the Responsible Accounting Officer’s report on the financial position of the Council and the revised estimates of income and expenditure as detailed in Attachment 1.

12.5

SUBJECT Investments Report for September 2010

REFERENCE F2009/00971 - D01716616

REPORT OF Manager Finance

RESOLVED (Esber/Elmore)

11967

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

Notices of Motion

13.1

SUBJECT Long Term Financing

REFERENCE F2009/00971 - D01728806

REPORT OF Councillor A A Wilson

RESOLVED (Wilson/Lloyd)

11968

That Parramatta City Council prepare a report examining Council’s long term financing with a view to using access to the NSW Coalition's billion dollar infrastructure financing fund in the event of a coalition victory in NSW.

CLOSED SESSION

11969

RESOLVED (Esber/Wilson)

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 Tender WSROC WR02-09/10 Provision of Traffic Control Services - Schedule of Rates Tender. (D01683201) - 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 28/2010 Northmead Neighbourhood Centre, Kleins Road, Northmead – Streetscape Upgrade – Civil, Landscape and Streetscape Works. (D01694271) - 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 27/2010 Ermington Bay Nature Trail – Construction of New Concrete Pathways, Boardwalk Structure and Landscape Works. (D01705823) - 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.

4 Cleaning Services Contract - Tender 19/2010. (D01716776) - 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:-

14.1

SUBJECT Tender WSROC WR02-09/10 Provision of Traffic Control Services - Schedule of Rates Tender

REFERENCE F2010/01322 - D01683201

REPORT OF Manager City Operations; Project Manager

RESOLVED (Esber/Wearne)

11970

(a) That based on the final evaluation and cost comparisons by the WSROC evaluation panel, it is recommended that the tenders submitted by the following companies by accepted:

1 Site Group Pty Ltd;

2 Orbital Traffic Management (Aust) Pty Ltd;

3 Traffic Logistics Pty Ltd.

(b) That each company be included in a “Panel of Approved Suppliers” and that these be ranked in order of preference as listed above for an initial period of two years with an option to extend for a further 2 x one year periods subject to satisfactory performance and with provision for Rise and Fall.

(c) Further, that the Lord Mayor and Chief Executive Officer be granted delegated authority to execute and affix the Common Seal to the necessary documents.

14.2

SUBJECT Tender 28/2010 Northmead Neighbourhood Centre, Kleins Road, Northmead – Streetscape Upgrade – Civil, Landscape and Streetscape Works.

REFERENCE F2010/02177 - D01694271

REPORT OF Supervisor - Project Management

RESOLVED (Garrard/Esber)

11971

(a) That the tender submitted by Avoca Constructions (NSW) Pty Limited for the construction of civil, landscape and streetscape works at Northmead Neighbourhood Centre, Kleins Road, Northmead, for the sum of $138,516 (excluding GST) be accepted.

(b) That all unsuccessful 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.

14.3

SUBJECT Tender 27/2010 Ermington Bay Nature Trail – Construction of New Concrete Pathways, Boardwalk Structure and Landscape Works.

REFERENCE F2010/02138 - D01705823

REPORT OF Supervisor - Project Management

RESOLVED (Maitra/Elmore)

11972

(a) That the tender submitted by Australian Prestressing Services Pty Ltd for the construction of works at Ermington Bay Nature Trail between George Kendall Riverside Park and Waratah Street, Ermington for the sum of $1,506,010 (excluding GST), plus a maximum allowance of $266,665 (being for various provisional items in accordance with the contract) be accepted.

(b) That all unsuccessful 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.

14.4

SUBJECT Cleaning Services Contract - Tender 19/2010

REFERENCE F2010/00732 - D01716776

REPORT OF Service Manager Trades, Building and Fleet

RESOLVED (Esber/Wearne)

11973

(a) That the tender submitted by SKG Pty Ltd for provision of cleaning services of those nominated Council premises for the sum of $348,782 per year be accepted for an initial period of two years with an option to extend for a further 2 x one year periods subject to satisfactory performance and with provision for rise and fall.

(b) That all unsuccessful 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.

QUESTION TIME

NOTE: Councillor P J Garrard tabled the following questions for listing on notice.

SUBJECT 242 Woodville Road, Guildford

REFERENCE F2008/04592

FROM Councillor Paul Garrard

11974

Councillor Garrard requested that he be informed of the legal consent which exists over 242 Woodville Road, Guildford together with advice as to whether that legal consent is the actual use which is carried out on that site. In addition, Councillor Garrard requested that an audit of the existing building envelop be undertaken.

SUBJECT Granville Town Centre

REFERENCE F2008/04592

FROM Councillor Paul Garrard

11975

Councillor Garrard sought advice as to what action is taken regularly by Council to ensure that shop premises in the Granville Town Centre are kept in good condition and that building regulations are maintained.

The meeting terminated at 11.25 pm.

RESCISSION MOTIONS

Notices of Motion to rescind the following items were received at 11.26 pm immediately following the termination of the meeting:-

1 Item 1 of Petitions regarding Objection to Banning of Smoking in Outdoor Dining Areas (Minute No 11935 refers) by Councillors J D Finn, M D McDermott and P K Maitra.

2 Item 9.4 of Economy & Development regarding Results of public exhibition of Planning Proposal, Draft DCP and Draft Voluntary Planning Agreement for 2 Morton Street Parramatta (Minute No 11946 refers) by Councillors J D Finn, P K Maitra and P Esber.

THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 22 NOVEMBER 2010 AND CONFIRMED ON MONDAY, 6 DECEMBER 2010.

Lord Mayor