MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chambers, CIVIC PLACE, PARRAMATTA ON Monday, 13 December 2010 AT 6:45 pm

PRESENT

The Lord Mayor, Councillor J Chedid, in the Chair and Councillors P B Barber (retired 11.10 pm), A Bide, G J Elmore, P Esber (arrived 7.05 pm, retired 11.10 pm), J D Finn, P J Garrard, A Issa, OAM (retired 10.15 pm), 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.

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 6 December 2010
	RESOLVED      (Elmore/Lack)
12024	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

12023        RESOLVED       (Barber/Elmore)

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

DECLARATIONS OF INTEREST

1       Councillor A Bide declared a non pecuniary interest in relation to Item 8.4 of Economy and Development regarding 3 Mahony Road, Constitution Hill as Councillor Bide’s mother and sister reside in adjoining premises and had made a submission in relation to the proposal.

Councillor Bide indicated that he did not intend to leave the Chamber during consideration of this item.

2       The Lord Mayor, Councillor J Chedid declared a non pecuniary interest in relation to Item 8.3 regarding the development application submitted for 163 – 165 George Street, Parramatta as the subject site is in close proximity to his family home.

The Lord Mayor indicated that he did not intend to leave the Chamber during consideration of this item.

The Chief Executive Officer then referred to Item 8.9 regarding the Draft Parramatta LEP 2010 and the need for Councillors to declare an interest similar to the declarations of interest as made at the Special Council Meeting held on 5 October 2010 when considering the Draft Parramatta LEP 2010.

It was noted that the declarations made at the previous Special Council Meeting held on 5 October 2010 dealing with the Draft LEP would be taken as read for this meeting with Councillors to advise of any recent changes.

No recent changes were indicated.

The declarations of interest as made at the Special Council Meeting held on 5 October 2010 were as follows:-

1          Councillor P B Barber declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Barber is the owner of the premises as indicated on his public record.

2          Councillor A Bide declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Bide is the owner of 43 Mount Street, Constitution Hill.

3          The Lord Mayor, Councillor J Chedid declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Chedid is the co-owner of 2 Purchase Street, Parramatta.

4          Councillor G J Elmore declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Elmore is the owner of 15 Chamberlain Road, Guildford.

5          Councillor P Esber declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Esber is the owner of the premises as indicated on his public record.

Note

            Councillor Esber was absent during the declarations of interest at the Council Meeting held on 13 December 2010.

6          Councillor J D Finn declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Finn is the owner of 93 Alfred Street, Rosehill.

7          Councillor P J Garrard declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Garrard is the owner of 42 O’Neill Street, Granville and associated with the deceased estate at 120 Robertson Street, Guildford.

8          Councillor A Issa OAM declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Issa is the owner of the premises as indicated on his public record.

9          Councillor S Lloyd declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Lloyd is the owner of the premises as indicated on his public record.

10        Councillor  P Maitra declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Maitra is the co-owner of 9/16 Railway Parade Westmead.

11        Councillor M McDermott declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor McDermott is the owner of a property as indicated on his public record.

12        Councillor L E Wearne declared a pecuniary interest in relation to the Draft Parramatta LEP 2010 - Consideration of Submissions as Councillor Wearne is the owner of properties at 24 Chesterfield Road, Epping and 10/28 Kent Street, Epping.

MINUTES OF THE LORD MAYOR

1	SUBJECT          Ermington Police Station REFERENCE    F2007/00397 FROM                 The Lord Mayor, Councillor John Chedid
	RESOLVED      (Chedid/Wilson)
12024	(a)      That Council write to the Minister of Police to seek clarification in regard to the future of the Ermington Police Station. (b)      That Council express to the Minister for Police community concern in regard to the possibility of reduced services operating from the Ermington Police Station. (c)       That Council outline to the Minister for Police the growing community need for Ermington Police Station to remain a fully operational Police Station. (d)       Further, that Council also write to the Leader of the Opposition requesting encouragement for the Shadow Minister of Police to support a fully functioning police station in Ermington.

2	SUBJECT          Promoting Harris Park by exploring options to expand the Loop and other measures REFERENCE    F2004/08730 FROM                 The Lord Mayor, Councillor John Chedid
	RESOLVED      (Chedid/Bide)
12025	(a)      That Council investigate opportunities to expand the free Loop bus to service the Harris Park precinct. (b)      That Council consult with business operators in Harris Park to identify other opportunities to promote this precinct. (c)       That Council explore sponsorship of the Loop Bus service from Harris Park businesses. (d)      That consideration be given to the following opportunities:- 1       Extension of the Loop Service to the University of Western Sydney; 2       Use of Rosehill Gardens Car Park for commuter parking with the Loop being utilised to ferry users into the CBD; 3       Extension of the operating hours of the Loop including operation on weekends; 4       Extension of the service to the Westmead area. (e)      Further, that Council write to the Leader of Opposition seeking his commitment and the commitment of the Liberal Party to funding of the Council’s current Loop service and the future expansion of the service.
	NOTE:      Councillor P Esber arrived at the meeting at 7.05 pm during consideration of this matter.

3	SUBJECT          Property Development and Investment Policy REFERENCE    F2004/07158 FROM                 The Lord Mayor, Councillor John Chedid
	RESOLVED      (Chedid/Lloyd)
12026	(a) That a Property Development and Investment update be prepared for Council early in the new year. (b) That the Property Development Group provide Councillors with a Property Development and Investment update on an ongoing quarterly basis. (c) That a briefing workshop be conducted for any significant Council owned development project for all interested Councillors prior to the finalisation of a report to Council for the project. (d) Further, that any interested Councillors nominate themselves to the Lord Mayor for these quarterly updates and future workshops.
	NOTE:       Councillor A Issa left the meeting at 7.25 pm during consideration of this matter.

Public Forum

1	SUBJECT          Restrictions placed on contact with Council REFERENCE    F2004/06174 - D01759863 FROM                 Mr Bruce Berry
	Thank you, Lord Mayor. Tonight, about 450 local residents and ratepayers are lodging a petition in objection to the restrictions that Council has imposed on me. It is a genuine petition, unlike the one that Council recently accepted by resolution. The presentation of the petition was postponed until this meeting so that the response I received to my public forum session of 8 November 2010 could be taken into account. I made it clear in my 8 November submission that I was conforming to the restrictions so that I would be sure of a satisfactory response. The CEO has indicated that he is confident that the restrictions will result in more productive discussions and improved outcomes. I did not receive the full response to my submission until Tuesday 7 December, even though the date shown on it is 25 November. I have asked previously for dates shown on Council letters to more closely reflect date of receipt. Records of response times are important. A 12 day delay between the writing of the response and its receipt is unacceptable. There is little time left for me to present a full response without again postponing the petition and also allowing Council time to reply. I am therefore following Council’s lead by presenting an interim response. I hope that my following brief listing of my dissatisfactions with the General Counsel’s response will be acceptable, rather than listing the items first of all and then discussing them later, in accordance with the impractical requirement of the restrictions, especially in the case of public forum where there is limited time. 1.         No answer to my question on how I have been a burden on staff efficiency when there has been a claimed 64.2% improvement in staff efficiency over the same period (Item 3). 2.         I requested evidence that I have repeatedly asked the same questions “week in week out’. None supplied. Just opinions, eg “I am satisfied that your questions have been appropriately answered.” This is not surprising because the same person had done the answering. Many of my facts were dismissed as only opinions, yet the bulk of his own comments at the time were opinions, as is in the case in the current response. (Item 2). 3.         No response on how the average length of my letters can increase from 5.3 pages to more than 6 pages within a week, based on Council’s figures given to the Advertiser, when I had written no letters in that time.             I dispute that I have written 33 letters this year to the time that the restrictions were imposed. My figure is 23, covering all types of contacts. Full details will be supplied on this and other matters in my more detailed response.             After the wasting of Council’s resources in the counting up of all my letters and pages over 5 years, I am told that the ‘holistic basis’ is more important, not averages. However, the CEO has indicated that it is only in “recent months’ that the level of resources in ‘assisting’ me has been unreasonable. My records show no such increase in my contacts with Council over this time.             Council’s averaging was done by random selection of only 10 letters from a claimed 215. Is Council prepared to release the dates of the selected letters? (Item 8).           4.         The response denies that Council accused me of monopolising public forum, but it was made by a Councillor, in public, and he has not denied or retracted it. (Item 1). 5.         I would more readily believe that “The preservation of your entitlement to make submissions at public forum is an example of how Council has expressly ensured that this valuable tool is preserved” if attempts had already not be been made by staff and some councillors to prevent the whole public from fully accessing public forum. (Item 1).             The above sentiments are not consistent with Management’s comment that it is because my correspondence does not solely relate to development that I have been requested (a more appropriate word would be ‘allowed’) to continue contacting Council. Does this mean I am completely banned from raising development issues? 6.         (a)  I am not complaining about the shortness of the 14 day        exhibition period, but about the short time when there are no restrictions on me.                    (b)     It is very obvious that ‘concerns about a potential (?)           development are most appropriately raised’ during the           exhibition period, and I presume this    applies more so to           actual developments. I also thought that this was not           just the       appropriate time to raise the concerns, but the only time they     can be raised.             (c)   I don’t accept that changes to DAs and the setting of        conditions occur during exhibition. All of this is irrelevant to        what I was asking about. (Item      5). 7.         I asked if Council consulted the Ombudsman about including public forum in the restrictions and I made the point that the Code of Meeting Practice makes no mention of these types of restrictions. This is completely ignored in the response. (Item 10).             In the interim response, I was told that Council cannot comment on the speed with which I receive communication from the Ombudsman. I was very clearly talking about response times from Council and I made the point that Council’s resources cannot be under stress because it has a policy of responding within a fortnight.             There is enough evidence, even in this interim response, to show that my compliance with the restrictions has not produced the ‘more productive discussion and improved outcomes” that the CEO predicted. It is more likely to occur if the restrictions are removed.
12027	RESPONSE By Dr Robert Lang, Chief Executive Officer:- A comprehensive response will be provided to the questions raised to Mr Berry within the next week. The response will be express posted.
	NOTE          Councillor P Esber left the meeting at 7.38 pm during consideration of this matter.

2	SUBJECT          2 - 12 River Road West, Parramatta REFERENCE    RZ/6/2010 FROM                 Mr Peter Kampfner
12028	Thank you for giving me the opportunity to speak to you on this submission. This is no ordinary site and no ordinary project. It has been designed by PTI Architects, an outstanding architectural group, and  will combine retail, commercial, community and residential spaces on a north facing  site of 18,000 sm^2 with over 300 metres of river frontage. It should not be aligned with other properties that do not have its contextual qualities. It is geophysically half way between the University of West Sydney (12,000 ppl approx) and the Parramatta CBD (30,000 ppl approx) roughly 10 minutes walk from both.  It offers the people of Parramatta a unique opportunity to achieve a number of objectives sought after for some years. 1. It will open up the riverfront parkland link between the CBD, James Ruse Bridge and the University. 2. It creates a destination venue where people can stop and enjoy a coffee, drink or meal in a riverfront parkland setting. 3. It will help stimulate vibrant riverfront activity and encourage promenading where people actually have somewhere to go. 4. With over 300m of river frontage, this is an unique opportunity to undertake a gateway project that will fundamentally enhance the quality of life for the people of Parramatta. 5. This project needs its plot ratio.  IT WILL NOT WORK without a substantial in situ population.  It needs a constant “pulse” to ensure it does not slip into becoming a weekend trader. Comments on the Town Planning Report 1                  Careful attention has been paid to the issue of flooding. The property is largely above the 100 year flood mark.  At the last meeting between the Councils and our own flood engineers, Mr Jim Tsom (Council) confirmed that there were no aspects that could not be resolved by building design and technology. This will be dealt with at DA stage. 2                  The concern that the many individual titles involved in my block could lead to a proliferation of skinny towers can be easily overcome by a minimum site area requirement. 3                  Heritage view corridors will be carefully dealt with in the design and placement of the buildings. Parramatta is fast becoming a grand city. London has Docklands, San Francisco has Fishermans Wharf and Parramatta can have River Link. It is an opportunity to create a project to enhance the lifestyle of those living in the project and those wanting to escape the clatter of the CBD or the University in a peaceful riverfront setting. To move this project forward in the Gateway process, I look to the council’s endorsement of its height, plot ratio and zoning aspects. There is logic and common sense in all these aspects and I look forward to presenting this to you (briefly) on Monday night.
	NOTE:       Councillors A Issa, OAM (7.39 pm) and P Esber (7.40 pm) returned to the meeting during consideration of this matter.

PETITIONS

1	SUBJECT          Objection to Restriction of Access to Council by Mr Berry. REFERENCE    F2010/01092 - D01784140 FROM                 J Muzzatti and others
	MOTION    (McDermott/Lack)
	That the petition be tabled and noted.
	AMENDMENT   (Bide/Wilson) That the petition be tabled and noted and the meeting be adjourned for 15 minutes to enable the bona fides of the signatories to the subject petition to be viewed.
12029	The amendment was put and lost. The motion was put and carried.

2	SUBJECT          Objection to DA/641/2010 - 221 Guildford Road and 66 Marian Street, Guildford REFERENCE    DA/641/2010 FROM                 T O’Donnell and others
	RESOLVED      (Elmore/Maitra)
12030	That the petition be received and considered in conjunction with the relevant development application.

3	SUBJECT          Request for Provision of Footpath in Dodson Crescent, Winston Hills REFERENCE    D01784213 FROM                 D Rosolen and others
	RESOLVED      (Lloyd/Bide)
12031	That the petition be received and highlighted when next year’s PAMP is being considered.

Economy and Development

8.1	SUBJECT          53 Phillip Street Parramatta REFERENCE    F2010/01731 - D01693161 REPORT OF      Property Program Manager
	RESOLVED      (Esber/Elmore)
12032	(a)      That Council resolve to close permanently the pedestrian laneway at 53 Phillip Street Parramatta (Lot 2 DP 601592) and an application be made to the Department of Lands for road closure. (b)      That Council resolve to classify the land for the subject pedestrian laneway to operational upon formal road closure. (c)       That Council agree in principle selling the subject pedestrian laneway to the owner of 51 Phillip Street Parramatta subject to further report to the Council for approval on sale terms and price when sale negotiation is finalised. (d)      Further, that the Lord Mayor and Chief Executive Officer be authorised to execute under seal the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for road closure.
	Note A notice of motion to rescind this decision was submitted prior to the conclusion of the meeting.

8.2	SUBJECT          10 Lackey Street, South Granville Lot 21 DP 192747 (Woodville Ward) DESCRIPTION  To regulate the use of an unauthorised as built granny flat and the reduction in size of bedroom 1 of the granny flat by 8m2 to satisfy the maximum floor area permitted for granny flats as defined in PLEP 2001. REFERENCE    DA/793/2010 - 5th October 2010 APPLICANT/S   Mr L Saffar OWNERS           Mr L Saffar REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council, as the application seeks a variation greater than 10% to the maximum floor space ratio control required by Clause 22 (3)(a) of SEPP (Affordable Rental Housing) 2009. The application is accompanied by an objection under SEPP 1.
	RESOLVED      (Garrard/Issa OAM)
12033	(a)      That Council support the variation to Clause 22(3) (a) Floor Space Ratio (dwelling and granny flat combined) of the SEPP (Affordable Rental Housing) 2009 under the provisions of SEPP 1. (b)      Further, that Development Application No 793/2010 seeking consent for use of      the unauthorised as built granny flat and reduction in size of bedroom one of    the granny flat by 8m^2 to satisfy the maximum floor area permitted for granny      flats as defined in PLEP 2001 at 10 Lackey Street, South Granville be approved subject to the conditions of consent in Attachment 1 of this report.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors A Bide, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES             Councillors P B Barber, G J Elmore and C X Lim.

8.3	SUBJECT          163-165 George Street, Parramatta (Lot 1 DP 78716, Lot 1 DP 113513 & Lot 1 DP 650704, Lot 3 DP 10735) DESCRIPTION  Section 96(2) modification to approved alterations and additions to a club. Modifications includes the amendment of condition 36 to enable permanent trading hours of 9am to midnight Sunday to Wednesday, 9am to 1:00am Thursday, 9am to 3:00am Friday and Saturday and an amendment to condition 37 relating to the requirement for monthly noise monitoring to change to a 6 monthly requirement REFERENCE    DA/325/2006/A - Submitted 18 June 2010 APPLICANT/S   Paynter Dixon Constructions (NSW) Pty Ltd OWNERS           Blacktown Workers Club REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The matter is referred to Council as more than 5 submissions were received.
	MOTION             (McDermott/Bide)
	(a)     That the application be refused for the following reasons:- 1       The extent of the proposed operating hours and days is unreasonable given the sites proximity to a residential area. 2       Adverse impacts will result including noise from both patrons & vehicles arriving and leaving the premises. 3       Approval of the extended hours of operation would not be in the public interest. 4       The applicant did not conduct noise monitoring during the previous 12 month trial period as required by condition 37 of DA/325/2006.  (b)      Further, that  Council enforce, as a matter of urgency, the construction of the fence between the Club and the residence in Purchase Street which is a previous condition of consent.
	AMENDMENT   (Finn/Maitra) That consideration of this matter be deferred until the previous condition of consent relating to the construction of a fence between the Club and the residence in Purchase Street is carried out.
12034	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 Esber, P J Garrard, A Issa, OAM, M A Lack, 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 and P K Maitra.
	Note The Lord Mayor, Councillor J Chedid declared a non pecuniary interest in relation to this matter as he resides in proximity to the subject premises. The Lord Mayor did not retire from the meeting during consideration of this matter.

8.4

SUBJECT          3 Mahony Road, Wentworthville
(Lot 123 DP 12452) (Arthur Philip Ward)

DESCRIPTION  Section 96(AA) modification application to an approved multi-unit development containing 8 townhouses. The modifications seek retrospective approval for increasing floor levels within Unit 2, altering the location and height of the rear fire stairs, changes to boundary fencing, amendments to the driveway, amendments to the garbage room, alterations to the roof, provision of additional windows, changes to the external facade and changes to onsite landscaping.

REFERENCE    DA/2552/2002/C - 19 October 2010

APPLICANT/S   Cam Consulting

OWNERS           K Kopuz, S Kopuz and B Kopuz

REPORT OF      Manager Development Services

REASON FOR REFERRAL TO COUNCIL

                            The application is referred to Council as the original application was approved by the Land and Environment Court.

MOTION             (Esber/Lack)

(a)       That Council as the consent authority modify Development Consent No. 2552/2002 under the provisions of Section 96(AA) of the Environmental Planning and Assessment Act in the following manner:

1.      The development is to be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:

Drawing N^0	Dated
Fire Staircase Sections and Elevations. Drawing No. C9083 – A9.  Revision B.	18 October 2010
Roof Layout. Drawing No. C9083 – A5.  Revision H.	18 October 2010
Elevations. Drawing No. C9083 – A6.  Revision H.	18 October 2010
Window Schedule. Drawing No. C9083 – A7. Revision G.	18 October 2010
Site Plan. Drawing No. C9083 – A1. Revision G.	18 October 2010
Landscaping Plan. Drawing No. C9083 – A8. Revision C.	18 October 2010
Basement Plan. Drawing No. C9083 – A2. Revision I.	18 October 2010
Ground Floor Plan. Drawing No. C9083 – A3. Revision I.	18 October 2010
Firs Floor Plan. Drawing No. C9083 – A3. Revision H.	18 October 2010

Reason:          To ensure the work is carried out in accordance with the approved plans.

2.              Add the following conditions to the development                            consent:

                 1a.)   The two Melis Azedarch (White Cedar) trees                                  proposed along                             the rear                                         boundary are to be replaced with one                                      Lagerstroemia                      indica and one                                      Magnolia soulngiana.

1b.)   The planting schedule which includes the species and quantities for the proposed development as stipulated on the Landscaping Plan approved under DA/2552/2002 (Landscape Plan 10-02/03 Issue E. Prepared by SAOKI) is to be complied with.

Reason:    To ensure compliance with DA/2552/2002. 

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

The motion was put and lost.

FURTHER

MOTION              (Wearne/Garrard)

That the matter be deferred to the next meeting of Council.

12035

The further motion was put and carried.

DIVISION       The result being:

AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, J D Finn, P J Garrard, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

NOES             Councillors A Bide, G J Elmore, P Esber, A Issa, OAM, M A Lack and C X Lim.

NOTE:       Councillor A Bide declared a non pecuniary interest in relation to this matter as his mother and sister reside in adjoining properties.

Councillor Bide did not retire from the meeting during consideration of this matter.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.38 pm for a period of 20 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.58 pm, there being in attendance The Lord Mayor, Councillor P J Garrard and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

8.5	SUBJECT          10-12 Bowden Street, North Parramatta (Lot 33 in DP 7727) (Elizabeth Macarthur) DESCRIPTION  Section 96(2) modification application to modify a development consent granted for the construction of 9 townhouses over basement parking. The application seeks approval to amend the development consent in accordance with the as-built finished floor levels. The ground floor levels have been built up to 970mm higher than the approved floor levels. REFERENCE    DA/2862/2002/B - 31 August 2010 APPLICANT/S   Xing Yue International Trading (Aus) Pty Ltd OWNERS           Xing Yue International Trading (Aus) Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application is referred to Council as the original application was approved at a Regulatory Council Meeting on 19 May 2003.
	MOTION             (Esber/Issa OAM) (a)       That Council as the consent authority, modify development consent to Development Application No. DA/2862/2002 in the following manner:            The following additional conditions are imposed. 1.         The provision of 600mm lattice screening shall be surmounted on top of the entire length of the eastern boundary fence prior to the issue of the Occupation Certificate. Reason: To minimise the impact of overlooking. 2.         All landscape works shall be maintained for a minimum period of two (2) years after the final completion, in accordance with the approved plans and conditions. Reason:         To ensure restoration of environmental amenity. Condition No. 59 is to be modified in the following  manner:  The floor to ceiling height of the basement car parking area is required to satisfy the performance requirements of the BuildingCode of Australia and  Australian Standard AS 2890.1.  Reason:        To comply with the height requirements of the BCA     and AS  2890.1. (b)      That  as the development works have occurred without development consent being obtained, that the matter be referred to Council’s Development control Section for investigation and possible issue of penalty infringement notice. (c)       Further, that  the objector’s be notified of Council’s decision. The motion was put and lost.
	FURTHER MOTION              (Wearne/Wilson)
	That consideration of this matter be deferred to the next meeting of Council.
12036	The further motion was put and carried.
	DIVISION       The result being: AYES          Councillors A Bide, G J Elmore, J D Finn, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson. NOES        The Lord Mayor, Councillor J Chedid and Councillors P B                         Barber, P Esber, P J Garrard, A Issa OAM, M Lack and C X                    Lim.

8.6	SUBJECT          Prince Alfred Park, 353D Church Street, Parramatta NSW 2150 (Lot 1 DP 724837) (Arthur Phillip Ward) DESCRIPTION  Use of Prince Alfred Park between 23 and 26 July 2011 as an information and education facility for the International Society of Arboriculture International Conference REFERENCE    DA/848/2010 - Submitted 25 October 2010 APPLICANT/S   International Society of Arboriculture OWNERS           Parramatta City Council REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council for determination because it relates to land that is owned by Council.
	RESOLVED      (Issa OAM/Elmore)
12037	That Council as the consent authority grant development consent to Development Application No. 848/2010 for the use of Prince Alfred Park as an information and education facility for the International Society of Arboriculture International Conference between 23 and 26 July 2011, at 353D Church Street, Parramatta subject to the recommended conditions in Attachment 1.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES             None.

8.7	SUBJECT          21 Greens Avenue, Oatlands (Lot 3 DP 31581) (Elizabeth Macarthur Ward) (following registration of approved subdivision site will be known as 19A Greens Avenue , Oatlands) DESCRIPTION  Demolition, tree removal and the construction of a 3 storey dwelling over basement carparking and inground swimming pool on proposed Lot 2. REFERENCE    DA/534/2010 - 7 July 2010 APPLICANT/S   In Vision Design OWNERS           Mr L Wahbe and Mrs M Wahbe and Mr P C Wahbe and R Wahbe REPORT OF      Manager Development Services REASON FOR REFERRAL TO COUNCIL                             The application has been referred to Council as its seeks a variation of greater than 10% to the height control within Clause 39 of Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
	RESOLVED      (Esber/Issa OAM)
12038	(a)      That Council support the variation to Clause 39 of the PLEP 2001 under the provisions of SEPP 1. (b)      That the applicant pay an additional $786 development assessment fee to reflect the amended estimated cost of construction. (c)       Further, that Council pursuant to the provisions of S. 80(3) of the Environmental Planning and Assessment Act, 1979 grant a Deferred Commencement Consent to Development Application No. DA/534/2010 for the demolition, tree removal and the construction of a 2 storey dwelling over basement and inground swimming pool on proposed Lot 1 at 21 Greens Avenue, OATLANDS  NSW  2117 subject to the completion of the following: Schedule 1 (a)     Submission to Council of suitable documentary evidence    within 12 months of the date of determination that    demonstrates that the subdivision of the existing allotment of    land at 21 Greens Avenue, Oatlands has been registered at the Land and Property Management Authority.           Upon compliance with the above requirement, a full Consent will be issued for a period of five (5) years from the date on          the Notice of Determination has been approved subject to the           conditions within Attachment 1 of this report.
	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, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES             Councillor P B Barber.

8.8	SUBJECT          Planning Proposal and Voluntary Planning Agreement 2-12 River Road West, Parramatta REFERENCE    RZ/6/2010 - D01747645 REPORT OF      Project Officer, Land Use &Transport Planning
	RESOLVED       (Bide/Lim)
12039	(a)     That the planning proposal for the rezoning of land at 2-12 River Road West, Parramatta for mixed use purposes and public reserve be supported in principle to facilitate an initial gateway assessment by the Department of Planning. (b)      That the proponents provide additional information in relation to existing and post development flood modelling prior to finalisation of the proposal. (c)       That subject to initial consideration of the gateway proposal by the Department of Planning and consultation with relevant public authorities, that a further report be put to Council to advise of the outcomes of the additional flooding information and further consideration of height and floor space ratio controls for the site. (d)      That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) in relation to a planning proposal at Nos. 2 – 12 River Road West, Parramatta as outlined in Attachment 6. (e)      That delegated authority be given to the CEO of Council to negotiate the VPA on behalf of Council and report back on the negotiations in regards to the VPA. (f)        That the proponents prepare for Council’s consideration draft Development    Control Plan (DCP) provisions for 2-12 River Road West, Parramatta. The draft DCP provisions to be exhibited concurrently with the planning proposal and the draft VPA. (g)      Further, that as a separate matter, Council considers undertaking a strategic investigation of the long term planning direction of the area in the vicinity of this planning proposal, potentially including the suburbs of Camellia, Rosehill and Harris Park.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES             None.

8.9	SUBJECT          Draft Parramatta LEP 2010 - Consideration of submissions to re-exhibition. REFERENCE    F2010/02537 - D01747788 REPORT OF      Project Officer - Land Use and Transport Planning. Also Group Manager Outcomes and Development Memorandum dated 10 December 2010.
	MOTION             (Finn/Maitra) (a)      That Council consider this report, its attachments and all submissions in accordance with section 68 of the Environmental Planning & Assessment Act, 1979. (b)      That Council note the options presented in Attachment 1. (c)       That Council adopt the exhibited amendments identified in Attachment 2 with the exception of item No. 12 (block bounded by Clyde, Factory, William Streets and rear lane) and the area bounded by Hassall, Arthur, Prospect Streets and James Ruse Drive, Rosehill and forward the adopted amendments to the Department of Planning with supporting information required under Section 68 of the Environmental Planning & Assessment Act, 1979. (d)      That Council prepare a detailed report for the February 2011 Council Meeting addressing the impacts of the exhibited zonings and heights limits; the submissions of residents, the Department of Planning Heritage Branch and the Historic Houses Trust; and the impact on Elizabeth Farm and the area of National significance. (e)      That Council consider any additional submissions received and presented as an addendum to this report in relation to the items exhibited following Council’s resolution of 18 October 2010. (f)        That Council adopt the prohibition of sex services premises and restricted premises in all lands to which the draft LEP applies. (g)      Further, that all persons who made submissions be advised of the outcome.
	AMENDMENT   (Garrard/Bide)
	(a)      That Council consider this report, its attachments and all submissions in accordance with section 68 of the Environmental Planning & Assessment Act, 1979. (b)      That Council note the options presented in Attachment 1. (c)       That Council reaffirm its decision of 5 October 2010 in relation to the following Items:- 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 20, 21, 22a -  22d, 23a and 23b as per Councils reports and recommendations before Council at its Meeting of 13 December 2010. (d)     That Council reaffirm its decision of 5 October 2010 in relation to Item 12. (e)      That in relation to item 4 regarding 116 Wigram Street, Harris Park, Council clarify its intention for the height control for this site to be set at 28 metres and forward the adopted amendments to the Department of Planning with supporting information required under Section 68 of the Environmental Planning & Assessment Act, 1979. (f)     That in relation to Item 16, land between Parramatta Road and the     railway line, Granville, Council adopt the exhibited plan of March 2010. (g)   That Council consider any additional submissions received and presented as an addendum to this report in relation to the items exhibited following Council’s resolution of 18 October 2010. (h)     That Council adopt the exhibited amendments relating to the prohibition of Places of Public Worship in the R2 Low Density Residential zone, the application of the SP1 Special Activities zone to the sites identified in Attachment 4 and the prohibition of sex services premises and restricted premises in all lands to which the draft LEP applies. (i)      That all persons who made submissions be advised of the outcome.  (j)       Further, that the Exclusive Brethren properties be investigated in relation to the possible inclusion in SP1.
	FORESHADOWED MOTION (Barber/Lack) (a)     That Council consider this report, its attachments and all submissions in accordance with section 68 of the Environmental Planning & Assessment Act, 1979. (b)     That Council note the options presented in Attachment 1. (c)     That Council adopt the exhibited amendments identified in Attachment 2 with the exception of item No. 12 (block bounded by Clyde, Factory, William Streets and rear lane) and that for item No 4 (116 Wigram Street Harris Park), clarify its intention for the height control for this site at 23m and forward the adopted amendments to the Department of Planning with supporting information required under Section 68 of the Environmental Planning & Assessment Act, 1979. (d)     That Council consider any additional submissions received and presented as an addendum to this report in relation to the items exhibited following Council’s resolution of 18 October 2010. (e)     That Council adopt the exhibited amendments relating to the prohibition of Places of Public Worship in the R2 Low Density Residential zone, the application of the SP1 Special Activities zone to the sites identified in Attachment 4 and the prohibition of sex services premises and restricted premises in all lands to which the draft LEP applies. (f)      That all persons who made submissions be advised of the outcome. (g)   Further, that the Exclusive Brethren properties be investigated in   relation to the possible inclusion in SP1.
12040	The amendment was put and carried and became the motion. The foreshadowed amendment became the amendment and 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 Esber, P J Garrard, A Issa OAM, C X Lim, S D Lloyd, M McDermott, L E Wearne and A Wilson. NOES   Councillors P B Barber, G Elmore, J D Finn and M Lack.

8.10	SUBJECT          Trial of Metereye Smart Parking products REFERENCE    F2010/03025 - D01748590 REPORT OF      Manager Regulatory Services
	MOTION    (Bide/Lim)
	(a)      That Council approve for the Regulatory Services Unit to trial for four (4) weeks Metereye Smart parking technology provided the trial is at no cost to Council. (b)      Further, that a workshop be held on the Metereye product and the data obtained during this trial be reported back to Council on the benefits to Council.
	AMENDMENT   (McDermott/ack) (a)     That, Council approve for the Regulatory Services Unit to trial for four (4) weeks Metereye Smart parking technology. (b)     Further, that a workshop be held on the Metereye product and the data obtained during this trial be reported back to Council on the benefits to Council.
12041	The amendment was put and lost. The motion was put and carried.

SUSPENSION OF STANDING ORDERS

12042          RESOLVED    (Lloyd/Wilson)

That Standing Orders be suspended to enable consideration of an urgent motion pertaining to the hall hire fees paid by Karibi which is having an effect on the organisation’s operational issues.

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

1	SUBJECT          Waiving of Fees for Hall Hire REFERENCE    F2004/07903 FROM                 Councillor S D Lloyd
	MOTION             (Lloyd/Bide)
	That  the hall hire fees for  Karibi in the amount of $9090 be waived based on the submission previously made by Karibi to Council and in accordance with the original staff report presented to the Chamber in July 2010.
12043	PROCEDURAL MOTION              (Esber) The question be put. The procedural motion was put and carried. The motion was put and carried.

RESUMPTION OF STANDING ORDERS

12044        RESOLVED       (Esber/Elmore)

That Standing Orders be resumed.

Environment and Infrastructure

9.1	SUBJECT          Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street REFERENCE    F2008/05099 - D01748269 REPORT OF      Service Manager Traffic and Transport. Also Service Manager, Traffic and Transport Memorandum dated 10 December 2010.
	MOTION    (Esber/Lack)
	(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 and Police opposition Council not proceed with the trial part-time closure of Church Street at this point in time, however discussions are to continue with both the NSW Police, RTA and Council in December 2010 and January 2011 to resolve the outstanding issues. In the event that the RTA and NSW Police advise that their issues are satisfactorily resolved, authority be given to the Lord Mayor and CEO to proceed with making arrangements for a trial closure to be held on 3 Saturday nights in February 2011 and March 2011. (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)      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. (e)      That Council work with Parramatta Police regarding a survey to determine the extent and perceptions of crime and safety issues as part of the Safer City Program. (f)        Further, that Council offer to fund two ‘User Pays Supplementary Police’ for 4 hours on each night of the closure and obtain Police comments regarding this suggestion.
	AMENDMENT   (Wearne/Bide) (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 and Police opposition Council not proceed with the trial part-time closure of Church Street at this point in time, however discussions are to continue with both the NSW Police, RTA and Council in December 2010 and January 2011 to resolve the outstanding issues. In the event that the RTA and NSW Police advise that their issues are satisfactorily resolved, authority be given to the Lord Mayor and CEO to proceed with making arrangements for a trial closure to be held on 3 Saturday nights in February 2011 and March 2011. (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)      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. (e)      Further, that Council work with Parramatta Police regarding a survey to determine the extent and perceptions of crime and safety issues as part of the Safer City Program.
	PROCEDURAL MOTION              (Elmore) The question be put. The procedural motion was put and carried.
12045	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.
	NOTE       1       Councillor A Issa, OAM retired from the meeting at 10.15 pm during consideration of this matter.                     2       A Notice of Motion to rescind this decision was submitted prior to the close of the meeting

9.2	SUBJECT          Parramatta Cycleway Advisory Committee REFERENCE    F2004/07952 - D01748640 REPORT OF      Project Officer
	RESOLVED       (Esber/Lack)
12046	That Council receives and notes the minutes of the Parramatta Cycleway Advisory Committee of 23 November 2010.

9.3	SUBJECT          Parramatta Traffic Committee Minutes held on 24 November 2010 REFERENCE    F2008/05099 - D01748769 REPORT OF      Service Manager Traffic and Transport
	RESOLVED       (Esber/Lim)
12047	That Council adopt the minutes of the Parramatta Traffic Committee held on 24 November 2010.

9.4	SUBJECT          Traffic Engineering Advisory Group minutes held on 24 November 2010 REFERENCE    F2008/05096 - D01748809 REPORT OF      Service Manager Traffic and Transport
	RESOLVED      (Elmore/Esber)
12048	That Council adopt the minutes of the Traffic Engineering Advisory Group held on 24 November 2010 subject to the additional speed hump requested in Item No. 1011 B1 being installed in Beszant Street, Merrylands.

9.5	SUBJECT          Upper Parramatta River Catchment Trust - Funding to Maintain Flood Mitigation Assets and Services. REFERENCE    F2004/06090 - D01748823 REPORT OF      Manager City Assets and Environment
	RESOLVED       (Bide/Lim)
12049	(a)     That Council receives and notes the content of this report. (b)      That the Lord Mayor and Chief Executive Officer be given delegated authority to negotiate an agreed position with the other three Councils within the Catchment to present to the Minister of Water and the Minister for Climate Change and the Environment. (c)       Further, that any request or approach for funding come to Council for approval in the first instance.
	NOTE      Councillor P J Garrard left the meeting at 10.31 pm during consideration of this matter.

Community and Neighbourhood

10.1	SUBJECT          IT Community Capacity Building Project REFERENCE    F2010/02185 - D01744726 REPORT OF      Grants Project Officer. Also Service Manager Community Capacity Building Memorandum dated 9 December 2010.
	RESOLVED       (Bide/Lim)
12050	That Council adopt the recommended allocation of personal computers (PCs) to local not-for-profit organisations as outlined in Attachment 1 of the report submitted to the 6 December 2010 Council Meeting, with one (1) additional computer to be provided to the Voice of Charity.
	NOTE         Councillor P J Garrard returned to the meeting at 10.33 pm during consideration of this matter.

10.2	SUBJECT          Access Advisory Committee New Member Recommendations REFERENCE    F2005/01944 - D01739855
	RESOLVED      (Elmore/Lloyd)
12051	(a)      That Hamish Murray be accepted as a member of Council’s Access Advisory Committee. (b)      That Joe Dimech be accepted as a member of Council’s Access Advisory Committee. (c)       Further, that Council note that there is no request for additional expenditure in this report.

Governance and Corporate

11.1	SUBJECT          Request to Purchase Portion of Adjoining Road Reserve in Megan St Telopea REFERENCE    F2004/07158 - D01728412 REPORT OF      Property Program Manager
	RESOLVED       (Bide/Elmore)
12052	(a)      That Council approve in principle the proposed closure of the subject part of Megan Street Telopea. (b)       That an application be made to the NSW Land and Property Management Authority to close that part of Megan Place Telopea as indicated generally at Attachment 1. (c)       That the Lord Mayor and Chief Executive Officer be authorised to execute all required documents under seal including the linen plan, the Section 88B instrument if required and deed of agreement for road closure. (d)       Further, that a further report be submitted to Council to determine the compensation to be sought for the sale of the subject portion of the road.

11.2	SUBJECT          2011 Floodplain Management Conference - 22 - 25 February 2011 - Tamworth REFERENCE    F2010/00127 - D01730458 REPORT OF      Acting Manager Executive Support
	RESOLVED      (Esber/Elmore)
12053	(a)       That interested Councillors advise the Office of the Lord Mayor of their desire to attend the 2011 Floodplain Management Conference in Tamworth from 22 – 25 February 2011. (b)       Further, that delegate registration be paid from account number          10.1260.712.644405.00000.0000

11.3	SUBJECT          Schedule of Council Meetings for 2011 REFERENCE    F2004/08629 - D01732784 REPORT OF      Team Leader Council Support
	RESOLVED      (Bide/Lack)
12054	(a)       That the following Council Meeting dates for 2010 be adopted:- Monday, 14 February 2011 Monday, 28 February 2011 Monday, 14 March 2011 Monday, 28 March 2011 Monday, 12 April 2011 Tuesday, 26 April 2011 (Note: Monday 25 April 2011 is Anzac Day and Easter Monday Public Holiday) Monday, 9 May 2011 Monday, 23 May 2011 Tuesday, 14 June 2011 (Note: Monday 13 June 2011 is Queen’s Birthday Holiday) Monday, 27 June 2011 Monday, 11 July 2011 Monday, 25 July 2011 Monday, 8 August 2011 Monday, 22 August 2011 Monday, 12 September 2011 Monday, 26 September 2011 Wednesday, 28 September 2011 – Special Council Meeting – Election of Lord Mayor Monday, 10 October 2011 Monday, 24 October 2011 (Note: LGA Conference being held from 23 – 26 October) Monday, 14 November 2011 Monday, 28 November 2011 Monday,  5 December 2011 Monday, 12 December 2011 (b)      Further, that  the meeting dates for the following year be placed before the Chamber for consideration in October in the preceding year.

11.4	SUBJECT          Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period REFERENCE    F2004/07400 - D01739900 REPORT OF      Team Leader Council Support
	RESOLVED      (Esber/Finn)
12055	That the Lord Mayor, Councillor J Chedid and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 14 December 2010, until Friday, 11 February 2011, to deal with important or urgent business of the Council including the determination of development applications subject to:- 1          Notice of the business to be determined under delegation being provided to all Councillors at least three (3) days prior to the Delegated Authority Meeting. 2          Prior to any item being considered at the Delegated Authority Meeting, any Councillor be permitted to refer such item to full Council for consideration. 3          The Minutes for all of the business dealt with under      delegation over this period being submitted to the Council Meeting on 14 February 2011.

11.5	SUBJECT          Investments Report for October 2010 REFERENCE    F2009/00971 - D01745143 REPORT OF      Manager Finance
	RESOLVED      (McDermott/Maitra)
12056	That Council receives and notes the investments report for October 2010.

11.6	SUBJECT          Renaming a small part of Grose Street, North Parramatta to Eels Place, North Parramatta REFERENCE    F2006/00231 - D01748904 REPORT OF      Property Officer.GIS/LIS
	RESOLVED       (Finn/Maitra)
12057	(a)      That the proposal be approved and moved forward according to Council’s “Street Naming Procedure”, section 1.5.6(b) “Determination to Proceed – Advertise Proposal”. The following list of actions be carried out once it is approved by the Council:- 1       Council to serve notice to Information Sourcing at Land and Property Management Authority NSW, allowing one month for a submission period. 2       Council to serve notice to the following persons or bodies, allowing one month for a submission period (ensure that the notice states that written submissions on the proposed name may be made to the Council): ¨ Australia Post ¨ The Registrar-General (covered by notification to Land and Property Management Authority NSW) ¨ The Surveyor-General (covered by notification to Land and Property Management Authority NSW) ¨ The Chief Executive of the Ambulance Service of NSW ¨ The New South Wales Fire Brigades ¨ The NSW Rural Fire Service ¨ The NSW Police Force ¨ The NSW State Emergency Service ¨ The New South Wales Volunteer Rescue Association Incorporated ¨ In the case of a classified road – the RTA 3.      The proposed name be advertised locally. Wherever practical, this should not be undertaken prior to receiving correspondence from the Land and Property Management Authority NSW that there are no objections to the proposed name. 4       Council to advertise proposed name in the local newspaper. 5       Council to advertise proposed name on Councils website. 6       Council to notify any affected residents and/or property owners of proposed name. (b)      Further, that  staff explore opportunities to sell replica signposting as a souvenir opportunity.
	NOTE:       Councillor P Esber left the meeting at 10.39 pm during consideration of this matter.

Notices of Motion

12.1	SUBJECT          Healthy Communities REFERENCE    F2006/01279 - D01751091 REPORT OF      Councillor J D Finn
	MOTION    (Finn/Lack)
	That Council seek Federal Government funding for a healthy communities co-ordinator and free or subsidised exercise programs in all wards in consultation with ward Councillors.
	PROCEDURAL MOTION              (Elmore) The question be put. The procedural motion was put and carried.
12058	The motion put and carried.
	NOTE:       Councillor P Esber returned to the meeting at 10.42 pm during consideration of this matter.

12.2	SUBJECT          Energy and Water Efficiency Measures for Apartment Blocks REFERENCE    F2008/00548 - D01751099 REPORT OF      Councillor J D Finn
	RESOLVED      (Finn/Lim)
12059	(a)      That a report be prepared on initiatives to support apartment blocks to introduce energy and water efficiency measures & that correspondence be sent to the State and Federal Governments seeking support for such initiatives. (b)      Further, that Council investigate reintroducing design awards into the city and how the awards could be implemented.

12.3	SUBJECT          Sesqui-Centenary of Parramatta REFERENCE    F2009/02982 - D01741715 REPORT OF      Councillor M D McDermott. Also email dated 8 December 2010 from Manager City Culture, Tourism and Recreation.
	RESOLVED       (McDermott/Maitra)
12060	(a)      That appropriate Council Staff liaise with the Parramatta Historical Society and report to Council on the celebration of the Sesqui-Centenary of the Parramatta Municipal Council. (b)       Further, that this report detail the appropriate level of celebration that should take place in terms of noting this event.

CLOSED SESSION
12061	RESOLVED       (Esber/Elmore) Members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1       Lake Parramatta Reserve Kiosk Operation. (D01705246) - 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       Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff. (D01736870) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

3       Tender 26/2010 Parramatta Valley Cycleway – Stage 24 – Thackeray Street Bridge to Rydalmere Wharf - Construction of a Concrete Cycleway and Associated Civil and Landscape Works.. (D01742399) - 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       Tender No 24/2010 Supply and Delivery of Ready Mixed Concrete. (D01746514) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

5       Report on DA approval for the land at 23 Elizabeth Street Granville and the process for disposal of this asset.. (D01747132) - 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.

6       Tender 31/2010 - Parramatta River Estuary Study and Plan. (D01748864) - 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.

7       Service Review - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

                  Note

1.       Councillors P Barber and P Esber retired from the meeting during Item 13.7 of Closed Session at 11.10 pm.

2.       Item 7 regarding the Service Review was raised as a matter of urgency during Closed Session.

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

13.1	SUBJECT          Lake Parramatta Reserve Kiosk Operation REFERENCE    F2004/09426 - D01705246 REPORT OF      Property Program Manager
	RESOLVED       (Bide/Barber)
12062	(a)     That Council approve a licence agreement to be offered to the current licensee for both the kiosk and the cottage at Lake Parramatta for a period of 2 years at $24,300+GST p.a. with a CPI Rent Review at the end of the first year. The licence is to include a 6 month demolition clause (no further compensation payable), not to be enacted for 12 months, with the licensee to execute a Section 16 Certificate under the Retail Leases Act 1994. (b)      That the Chief Executive Officer be authorized to execute the Licence Agreement on behalf of Council under delegated authority. (c)       Further, that should the current licensee not execute the Agreement as described in paragraph 16, action be taken to issue a notice to quit both the kiosk and the cottage to have effect after one month and fresh tenders be called for the operation of the kiosk.

13.2	SUBJECT          Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff REFERENCE    F2005/02722 - D01736870 REPORT OF      Chief Executive Officer
	RESOLVED       (Bide/Wilson)
12063	That the contents of this report be received and noted.
	NOTE:       1       Councillor P J Garrard requested that his name be recorded as voting against this decision.                    2       A Notice of Motion to rescind this decision was                                   submitted prior to the close of the meeting.

13.3	SUBJECT          Tender 26/2010 Parramatta Valley Cycleway – Stage 24 – Thackeray Street Bridge to Rydalmere Wharf - Construction of a Concrete Cycleway and Associated Civil and Landscape Works. REFERENCE    F2010/02136 - D01742399 REPORT OF      Supervisor - Project Management
	RESOLVED       (Esber/Wearne)
12064	(a)       That the tender submitted by Sydney Civil Pty Ltd for the construction of a concrete cycleway and associated civil and landscape works from Thackeray Street Bridge to Rydalmere Wharf (Eric Primrose Reserve), Rydalmere for the sum of $155,422.00 (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.

13.4	SUBJECT          Tender No 24/2010 Supply and Delivery of Ready Mixed Concrete REFERENCE    F2010/02132 - D01746514 REPORT OF      Manager City Operations
	RESOLVED       (Esber/Finn)
12065	(a)      That the tenders submitted by Mini-Crete and Advanced Readymix for the supply and delivery of ready mixed concrete on Council work sites be accepted for the prices outlined in the schedule of rates submitted. (b)      That the successful tenderers be advised of Council’s decision in this matter. (c)       That the two suppliers be approved for an initial period of three years with an option to extend for a further 1 x one year period subject to satisfactory performance and with provision for Rise and Fall. (d)      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.

13.5	SUBJECT          Report on DA approval for the land at 23 Elizabeth Street Granville and the process for disposal of this asset. REFERENCE    F2008/02897 - D01747132 REPORT OF      Property Development Advisor
	RESOLVED       (Esber/Elmore)
12066	(a)       That Council notes that a selling agent will be engaged (in accordance with Council’s procurement policies) to assist in the sale of the property known as 23 Elizabeth Street, Granville (property). (b)       That Council approve sale of the property by way of public auction at a sale price no less than that stated within the range in the report. (c)        That if the property is not sold at public auction, Council approve the sale of the property by way of private treaty at a sale price no less than stated within the range in the report. (d)       That Council authorise the Chief Executive Officer to cause sale documents to be prepared for the purposes of the sale of the property containing terms the Chief Executive Officer considers acceptable and to conduct negotiations in respect of the terms of any such sale documents if necessary. (e)       That Council authorise the affixation of the common seal to the sale of the documents. (f)         Further, that Council also endorses the proceeds being deposited into the      Property Development and Investment Reserve in accordance with the Property Development and Investment Policy.

13.6	SUBJECT          Tender 31/2010 - Parramatta River Estuary Study and Plan REFERENCE    F2006/00560 - D01748864 REPORT OF      Senior Project Officer - Waterways Strategy Environmental Outcomes
	RESOLVED      (Bide/Finn)
12067	(a)      That the tender submitted by Cardno Pty Ltd for provision of consultancy services for the “Parramatta River Estuary Study and Plan”, for an amount of $149,620 ex GST be accepted. (b)       That all unsuccessful tenderers be advised of Council’s decision in this matter. (c)       Further, that the Lord Mayor and General Manager be given delegated Authority to execute and affix the Common Seal of Council to the necessary documents.

13.7	SUBJECT          Service Review REFERENCE    F2010/00455 FROM                 Councillor P J Garrard
	RESOLVED       (Garrard/Wearne)
12068	(a)         That all restructures and reviews of position be suspended until after the Council’s Restructure Review Committee next meets in early 2011. (b)         That this is to ensure that all departments are considered in the restructure review and that the organisation’s business case for current plans in IT and HR are also considered by the Council so as to be able to approve necessary budgets going forward. (c)          That this applies to all parts of the organisation inclusive of the IT department and its staff. (d)         That the current IT business plan be presented to the Service Review Committee before the end of the year for consideration. (e)         Further, that the Restructure Committee report back to Council as to any restructure recommendations and any possible effects those recommendations may have on the IT Department.
	NOTE:      1        The Lord Mayor, Councillor J Chedid and Councillor M D McDermott requested that their names be recorded as voting against this decision. 2          Councillors P B Barber and P Esber retired from the meeting at 11.10pm during consideration of this matter in Closed Session.

RESCISSION MOTIONS

The Lord Mayor, Councillor J Chedid advised that Notices of Motion to rescind the following items had been received prior to the termination of the meeting:-

1       Item 8.1 of Economy and Development regarding 53 Phillip Street Parramatta (Minute No 12032  refers) by Councillors L E Wearne, A A Wilson and P J Garrard

2       Item 9.1 of Environment and Infrastructure regarding Trial Closure of Church Street for 3 Saturday nights in December 2010 between Phillip Street and Market Street (Minute No 12045 refers) by Councillors P J Garrard, L E Wearne and S D Lloyd.

3       Item 13.2 of Environment and Infrastructure regarding Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff (Minute No 12063 refers) by Councillors P J Garrard, L E Wearne and M A Lack.

The meeting terminated at 11.48. pm.

THIS PAGE AND THE PRECEDING 33 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 13 DECEMBER 2010 AND CONFIRMED ON MONDAY, 14 FEBRUARY 2011.

Lord Mayor