Minutes of Council - 28 February 2011

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 28 February 2011 AT 6:49pm

PRESENT

The Lord Mayor, Councillor J Chedid in the Chair and Councillors P B Barber (retired 10.17pm), A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, 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 14 February 2011

RESOLVED (Issa OAM/Garrard)

12125

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

APOLOGIES

That an apology be received and accepted for the absence of Councillors P Esber, M Lack and C X Lim.

DECLARATIONS OF INTEREST

1 Councillor J D Finn declared a non pecuniary interest in relation to Items 10.4 and 10.6 of Governance and Corporate as Councillor Finn works for the Office of Registration of Community Housing which has shared services with the Department of Housing.

2 Councillor A Bide declared an interest in relation to Item 10.5 of Governance and Corporate regarding the Report of the Code of Conduct Sole Reviewer as he was the subject of the report from the Sole Reviewer.

LORD MAYORAL MINUTES

SUBJECT Christchurch Earthquake Condolences

REFERENCE F2010/02612

FROM The Lord Mayor, Councillor John Chedid

RESOLVED (Chedid/Maitra)

12126

(a) That the Chamber pause for one minute’s silence in memory of the lives lost in the Christchurch earthquake.

(b) Further, that the Lord Mayor write to the Mayor of Christchurch offering condolences and support to the people on behalf of the people of Parramatta.

Note

Following consideration of this matter, the Chamber observed one minute’s silence.

PETITIONS

SUBJECT Preservation of Heritage Cottage at 46 Grose Street, North Parramatta

REFERENCE P2007/03070

FROM P Russo and others

RESOLVED (Finn/Maitra)

12127

That the petition be received and referred to the appropriate officer for report including advice on how the owner can be compelled to carry out the necessary preservation of the premises.

SUBJECT Partial Road Resurfacing - Denham Place, Dundas

REFERENCE M2009/00021

FROM Residents of Denham Place, Dundas

RESOLVED (McDermott/Wilson)

12128

That the petition be received and noted.

SUBJECT Request for Modification of Traffic Flow - Corner of Tucks Road and Vianney Crescent, Toongabbie

REFERENCE F2004/06346

FROM G Fitton and others

RESOLVED (Barber/Lloyd)

12129

That the petition be received and an on site meeting be arranged on this issue once a preliminary investigation has been carried out by council officers.

CONGRATULATIONS TO COUNCILLOR WILSON

The Chamber extended its congratulations to Councillor Andrew Wilson in response to his marriage on Saturday, 26 February 2011.

Economy and Development

7.1

SUBJECT 259 Marsden Road Carlingford

REFERENCE DA/112/2008 - D01847835

REPORT OF Property Program Manager

RESOLVED (Wearne/Elmore)

12130

(a) That Council create an easement for drainage over the Council public reserve (Lot 14 DP 227071) in favour of the property at 259 Marsden Road, Carlingford (Lot 3 DP 217529) on terms as stated in the report.

(b) 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 creation of the easement.

7.2

SUBJECT Draft Restricted Premises Enforcement Policy

REFERENCE F2011/00223 - D01848291

REPORT OF Manager Regulatory Services

RESOLVED (Bide/Garrard)

12131

(a) That the draft Restricted Premises Enforcement Policy be placed on Public Exhibition for a period of not less than 28 days subject to the following amendments being made beforehand:-

1. In Section 2.1, Principles for Response, the word ‘disability’ be included in dot point 4.

2. In Section 2.2, Factors for Response, the first dot point be altered to read “the seriousness of the impact or harm/potential harm caused by the alleged offence.”

3. In Section 3.2, Hierarchy for Response, the sentence “Formal Warnings will be formally recorded and kept in Council’s Record Management System” be altered to read “Formal and verbal warnings will be formally recorded and kept in Council’s Records Management System”.

(b) Further, that a report be submitted to Council after public consultation has been completed.

7.3

SUBJECT Tender 43-2010 Parramatta River Foreshore Activation - Evaluation Committee Report

REFERENCE F2010/03157 - D01848922

REPORT OF Property Program Manager

RESOLVED (Issa OAM/Finn)

12132

(a) That Council reject all submissions received and open negotiations with interested parties and duly notify applicants of the decision.

(b) Further, that a report be provided to Council within six weeks.

7.4

SUBJECT 10-12 Carver Place Dundas Valley

REFERENCE DA/2257/2003 - D01852277

REPORT OF Property Program Manager

RESOLVED (Wearne/Issa OAM)

12133

(a) That Council resolve to create an easement for drainage over the Council public reserve (Lot 53 DP 229570) in favour of the property at 10-12 Carver Place Dundas Valley (Lots 1496, 1497 and 1498 DP 36702) on terms as stated in the report.

(b) 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 creation of the easement.

(c) Further, that Council’s Compliance Officers investigate the continued use of double bogey trucks in Carver Place which are causing damage to the existing median strip.

7.5

SUBJECT Parramasala

REFERENCE F2009/02982 - D01853246

REPORT OF Manager City Culture, Tourism and Recreation

RESOLVED (Bide/Elmore)

12134

(a) That Council receive and note the information contained within this report.

(b) Further, that Council approve the continuation of the strategic partnership with Events NSW and Parramasala Ltd for the delivery of the 2011 event by exercising the option in the Sponsorship Agreement that will extend the duration of the sponsorship arrangements for another year.

7.6	SUBJECT 17-19 Bridge Street, RYDALMERE NSW 2116 DESCRIPTION Section 96(2) application to modify a development consent for a health, recreation and social centre for males. REFERENCE DA/501/2004/B - 20 September 2010 APPLICANT/S Mr A Denis OWNERS Camelot Distributors Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the use on site includes “sex on premises”.
	RESOLVED (Bide/Issa OAM)
12135	That Council refuse Application DA/501/2004/B to modify a development consent for a health, recreation and social centre for males on land at 17-19 Bridge Street, Rydalmere for the following reasons: 1. The proposal is considered to be beyond the scope of a section 96(2) modification as the proposal is not substantially the same as the approved development. 2. The application is not in the public interest.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

7.7

SUBJECT Parramatta City Centre Lanes Policy 2011

REFERENCE F2009/00340 - D01857222

REPORT OF Senior Project Officer- Urban Design

RESOLVED (McDermott/Maitra)

12136

That Council adopt the Draft Parramatta City Centre Lanes Policy 2011.

7.8

SUBJECT Planning Proposal to Amend the City Centre LEP - Parking Standards

REFERENCE F2009/01706 - D01860138

REPORT OF Project Officer

MOTION (Bide/Wilson)

That the Council having considered the submission adopt the planning proposal (Attachment 1) subject to the word “maximum”, where it appears, being altered to read “minimum” and forward to the Department of Planning for finalisation and making of the plan amendment.

AMENDMENT (Elmore/Finn)

That the Council having considered the submission adopt the planning proposal (Attachment 1) and forward to the Department of Planning for finalisation and making of the plan amendment.

12137

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.

DIVISION The result being:

AYES The Lord Mayor, Councillor J Chedid and Councillors A Bide, A Issa, OAM, S D Lloyd, L E Wearne and A A Wilson.

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

Note

A Notice of Motion to rescind this issue was submitted following the termination of the meeting.

7.9

SUBJECT Minutes of the Heritage Advisory Committee

REFERENCE F2005/01945 - D01860337

REPORT OF Project Officer

RESOLVED (Bide/Finn)

12138

That the minutes of the Heritage Advisory Committee meeting of 24 November 2010 be received and noted.

7.10	SUBJECT Planning Proposal for former Moxhams Quarry site, Northmead REFERENCE F2007/01308 - D01860785 REPORT OF Project Officer -Land Use and Transport Planning
	RESOLVED (Bide/Issa OAM)
12139	(a) That Council advise the NSW Department of Planning and the proponent that it will consider a Planning Proposal for the subject site as the Relevant Planning Authority. (b) That Council advise the proponent of the required fee payable for Council to assess the proposal. (c) That the proponent be requested to consider the opportunity for a Voluntary Planning Agreement in relation to provision of public benefits associated with the rezoning. (d) Further that, the Planning Proposal be reported to Council after formal lodgement with Council and assessment by staff.

7.11	SUBJECT Amendment to Council's Development Contribution Plans REFERENCE F2005/01594 - D01861305 REPORT OF Project Officer, Land Use &Transport Planning
	RESOLVED (Issa OAM/Garrard)
12140	(a) That Council adopt the draft amendments to the Parramatta Civic Improvement Plan and Parramatta S94A Development Contributions Plan as detailed at Attachment 3. (b) That Council exhibit the amendments to the contribution plans for a period of not less than 28 days and the outcome of the exhibition be reported back to Council. (c) Further, that the CEO be delegated the authority to correct any minor anomalies, typographical errors and the like in the contribution plans, without further reporting to Council.
	DIVISION The result being: AYES The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, S D Lloyd, P K Maitra, M D McDermott, L E Wearne and A A Wilson. NOES None.

7.12	SUBJECT 61 Mobbs Lane Epping - draft Voluntary Planning Agreement - results of public exhibition REFERENCE F2005/02607 - D01861386 REPORT OF Project Officer - Land Use and Transport Planning. Also Senior Project Officer Land Use Planning.
	RESOLVED (Bide/Issa OAM)
12141	(a) That Council consider all submissions received and adopt the draft VPA subject to the finalisation of the legal drafting. (b) That the Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents. (c) That upon signing of the Voluntary Planning Agreement, the agreement be forwarded to the Department of Planning in accordance with Section 25G of Environmental Planning and Assessment Regulation 2000. (d) Further, that all persons who made submissions be notified of the outcome.
	Note Councillor A Wilson requested that his name be recorded as having voted against this decision.

7.13

SUBJECT 116-124 Church Street Parramatta

REFERENCE DA/565/2004/B - D01861926

REPORT OF Property Program Manager

RESOLVED (Elmore/Maitra)

12142

(a) That Council note that the owner of 114 – 124 Church Street Parramatta (adjoining owner) has requested that Council grant an easement for electricity cables in favour of Integral Energy in the location described in the report to the 14 Feb meeting.

(b) That Council accept the adjoining owner’s offer to pay Council compensation in the amount of $109,600 for the grant of the easement referred to in paragraph (a) and also Councils reasonable out of pocket expenses including but not limited to valuation and legal fees incurred by Council in determining the location, area and compensation amounts for the proposed easement and otherwise on terms considered acceptable by the Chief Executive Officer.

(c) That Council agree to grant an easement for electricity cables in favour of Integral Energy in the location the described in the report to the 14 Feb meeting

(d) That Council delegates to the Chief Executive Officer authority to negotiate the terms and conditions of legally binding documents relating to the adjoining owner’s offer to pay compensation and out of pocket expenses incurred by Council and the grant of the easement for electricity cables.

(e) That Council authorises the affixation of the seal to the legally binding documents that include deed relating to grant of easement, linen plan and a transfer granting easement or Section 88B instrument as referred to in paragraph (d).

(f) Further, that Council give consent in terms of clause 16 of the voluntary planning agreement dated 31 August 2010 between Council and the adjoining owner to the grant of the easement for electricity cables referred to in paragraph (c).

7.14	SUBJECT Telstra Telecommunication Facility at Mobbs Lane Epping REFERENCE F2010/01038 - D01861990 REPORT OF Property Program Manager
	RESOLVED (Wearne/Bide)
12143	(a) That Council extend the licence agreement with Telstra for a temporary telecommunication facility at Mobbs Lane Epping on terms as stated in the report. (b) Further, that the Lord Mayor and the Chief Executive Officer be authorized to execute and affix the council seal to the agreement.
	Note Councillor A Issa OAM left the meeting at 8.03pm during consideration of this matter.

Environment and Infrastructure

8.1

SUBJECT Minutes of the Parramatta Traffic Committee Meeting held on Thursday 10 February 2011

REFERENCE F2010/03205 - D01859609

REPORT OF Service Manager Traffic and Transport; Traffic and Transport Support Officer

RESOLVED (Garrard/Maitra)

12144

That Council adopt the minutes of the Parramatta Traffic Committee meeting held on Thursday, 10 February 2011 subject to the recommendation for Item 1102 A6 South Street, Rydalmere being amended to read:-

“That a 25m B-Double route for South Street between Clyde Street and 23 South Street, Rydalmere be approved except between 3pm and 7pm weekdays.”

8.2

SUBJECT Traffic Engineering Advisory Group Meeting minutes held on Thursday 10 February 2011

REFERENCE F2010/03204 - D01859631

REPORT OF Traffic and Transport Support Officer

RESOLVED (Barber/Garrard)

12145

That Council adopt the minutes of the Traffic Engineering Advisory Group meeting held on Thursday 10 February 2011.

8.3

SUBJECT Public Exhibition of Draft Flood Maps for Duck River Catchment

REFERENCE F2006/01343 - D01859969

REPORT OF Senior Project Officer - Waterways Strategy. Environmental Outcomes

RESOLVED (Garrard/Elmore)

12146

That Council endorse informing the community about the new draft flood maps for the Duck River Catchment.

8.4	SUBJECT Energy and Water Efficiency Measures for Apartment Blocks REFERENCE F2008/00548 - D01861078 REPORT OF Manager Environmental Outcomes
	MOTION (Finn/Barber) (a) That Council receive and note the report. (b) That Council support initiatives under the Local Government Amendment (Environmental Upgrade Agreements) Act 2010, to stimulate energy efficiency upgrades in both commercial and multi-unit residential buildings. (c) That an expansion of the community grants program to include sustainability retrofits for apartment blocks be included as a project bid for 2011/12 for pre-basix residential flat buildings. (d) Further, that proposed funding be on dollar for dollar basis up to $10,000 for a 3 storey building and $15,000 for high rise.
	AMENDMENT (Bide/Wilson)
	(a) That Council receive and note the report. (b) That Council support initiatives under the Local Government Amendment (Environmental Upgrade Agreements) Act 2010, to stimulate energy efficiency upgrades in both commercial and multi-unit residential buildings. (c) That a report be submitted on the possible implementation of a city wide design award, which also considers environmental sustainability. (d) Further, that staff provide a report in relation to the cost and feasibility of funding an expansion of the community grants program to include sustainability retrofits for apartment blocks for pre-basix residential flat buildings being on a dollar for dollar basis up to $10,000 for a 3 storey building and $15,000 for high rise.
12147	The amendment was put and carried and on being put as the motion was again carried.
	Note Councillor A Issa OAM returned to the meeting at 8.23pm during consideration of this matter.

Community and Neighbourhood

9.1	SUBJECT Sportsground Capacity Review REFERENCE F2010/00504 - D01758363 REPORT OF Service Manager Recreation Facilities and Programs
	RESOLVED (Bide/McDermott)
12148	(a) That the draft Sportsground Capacity Review be placed on exhibition for 28 days in the Parramatta City (central) Library, branch libraries, the Administration Building Customer Service Centre and on Council’s website. (b) Further, that a report be submitted to Council upon completion of the public exhibition period with consideration and assessment of the submissions received.
	Note Councillor P B Barber left the meeting at 8.26pm 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 8.33 pm for a period of 20 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.53 pm, there being in attendance The Lord Mayor, Councillor J Chedid and Councillors P B Barber, A Bide, G J Elmore, J D Finn, P J Garrard, A Issa, OAM, S D Lloyd, M D McDermott, P K Maitra, L E Wearne and A A Wilson.

9.2

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 23 November 2010

REFERENCE F2005/01941 - D01838122

REPORT OF Community Capacity Building Officer

MOTION (Bide/Garrard)

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 23 November 2010 be received and noted.

(b) That Council acknowledge a vote of thanks from the Committee, for its sponsorship and support of the Local Government Aboriginal Network Conference 2010.

(d) Further, that this Council not apply to have Lake Parramatta placed on the State Heritage Register.

AMENDMENT (Barber/Elmore)

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 23 November 2010 be received and noted.

(b) That Council acknowledge a vote of thanks from the Committee, for its sponsorship and support of the Local Government Aboriginal Network Conference 2010.

12149

The amendment was put and lost.

The motion was put and carried.

Note

Councillor P B Barber requested that his name be recorded as having voted against this decision.

9.3

SUBJECT Access Advisory Committee Minutes - 21 December 2010

REFERENCE F2005/01944 - D01845360

REPORT OF Community Capacity Building Officer. Community Capacity Building

RESOLVED (Bide/Barber)

12150

(a) That the minutes of the Access Advisory Committee meeting on 21 December 2010 (Attachment 1) be received and noted.

(b) Further, that a copy of the CD “The good, the bad, and the ugly” be provided to those intending to submit a Development Application (DA) for a building required to provide access for people with a disability.

9.4

SUBJECT Minutes of the Sydney West Area Health Service and Parramatta City Council Steering Group Meeting - 14 October 2010

REFERENCE F2004/10350 - D01859422

REPORT OF Project Officer. Social Outcomes

RESOLVED (Garrard/Bide)

12151

(a) That the minutes of the SWAHS and Parramatta City Council Strategic Partnership meeting on 14 October 2010 (Attachment 1) be received and noted.

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

Governance and Corporate

10.1

SUBJECT Fraud and Corruption Prevention Policy

REFERENCE F2009/01251 - D01702447

REPORT OF Policy Review Officer

RESOLVED (Maitra/Garrard)

12152

That Council adopt the draft Fraud and Corruption Prevention Policy shown at Attachment 1.

10.2

SUBJECT Investments Report for November 2010

REFERENCE F2009/00971 - D01783450

REPORT OF Manager Finance

RESOLVED (Garrard/Barber)

12153

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

10.3

SUBJECT Investments Report for December 2010

REFERENCE F2009/00971 - D01837658

REPORT OF Manager Finance

RESOLVED (Bide/Barber)

12154

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

10.4	SUBJECT Minutes of the 12 October 2010 Parramatta City Council and Housing NSW Strategic Alliance meeting REFERENCE F2004/05977 - D01834440 REPORT OF Acting Manager Social Outcomes
	RESOLVED (Maitra/Garrard)
12155	(a) That the minutes of the HousingNSW and Parramatta City Council Strategic Alliance meeting on 12 October 2010 (Attachment 1) be received and noted. (b) That Council note there is no request for additional expenditure in this report. (c) Further, that a report be provided to Councillors on how many relevant development applications are currently under assessment or where the decision has been approved but not yet commenced.
	Note Councillor J D Finn declared a non pecuniary interest in relation to this item as Councillor Finn works for the Office of Registration of Community Housing which has shared services with the Department of Housing. Councillor Finn temporarily retired from the meeting during consideration and voting on this issue.

10.5	SUBJECT Report of the Code of Conduct Sole Reviewer REFERENCE F2010/02035 - D01837796 REPORT OF Policy Review Officer
	RESOLVED (Garrard/Finn)
12156	(a) That Council receive and note the report from the sole reviewer contained in Attachment 1. (b) Further, that Council, having considered the report from the sole reviewer contained in Attachment 1, finds no breach of the Code of Conduct has occurred.
	Note Councillor A Bide declared an interest as he was the subject of the Report of the Sole Reviewer and temporarily retired from the meeting during consideration and voting on this matter.

10.6	SUBJECT Affordable Housing SEPP Review REFERENCE F2009/01658 - D01844491 REPORT OF Acting Manager Social Outcomes
	RESOLVED (Maitra/Barber)
12157	(a) That the response to the State Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP) Review from Council Staff (Attachment 1) be endorsed for submission. (b) Further, that the document be made available at Council’s library and on Council’s website and this availability be advertised appropriately.
	Note Councillor J D Finn declared a non pecuniary interest in relation to this item as Councillor Finn works for the Office of Registration of Community Housing which has shared services with the Department of Housing. Councillor Finn temporarily retired from the meeting during consideration and voting on this issue.

10.7

SUBJECT Delivery Program and Operational Plan - Quarterly Review December 2010

REFERENCE F2010/02572 - D01854174

REPORT OF Manager Finance

RESOLVED (Wilson/Elmore)

12158

(a) That Council adopt the Chief Executive Officer’s December 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

10.8

SUBJECT Report of Audit Committee Meeting

REFERENCE F2008/02951 - D01856935

REPORT OF Service Auditor

RESOLVED (Barber/Wilson)

12159

That the Minutes of the Audit Committee meeting held on 25 November 2010 (Attachment 1) be received and noted.

10.9

SUBJECT Audit Committee Annual Report

REFERENCE F2008/02951 - D01861919

REPORT OF Service Auditor

RESOLVED (Maitra/Finn)

12160

That the content of this report be received and noted.

CLOSED SESSION

12161

RESOLVED (Bide/Lloyd)

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 No. 34/2010 Construction of a Single Lane Roundabout and Associated Works at the Intersection of William Street, Blaxcell Street and Enid Avenue, Granville. (D01818018) - 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 No. 36/2010 Jubilee Park Upgrade, Parkes Street, Harris Park.. (D01818851) - 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 No. 37/2010 Horlyck Reserve, South Granville - Playing Field Reconstruction Works. (D01819390) - 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. 35/2010 Red Cow Lane, Parramatta (Adjacent 38 George Street) Between George Street and Erby Place Multi Level Carpark, Parramatta – Upgrade Works Involving Water Sensitive Urban Design Initiatives. (D01821227) - 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 Property Dealing - Rydalmere . (D01849117) - 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 65 Kleins Road, Northmead - Class 4 Appeal to New South Wales Land and Environment Court to commence legal action.. (D01861503) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

7. Parramatta Loop Bus Service - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the information, would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

RESUMPTION OF MEETING

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

11.1

SUBJECT Tender No. 34/2010 Construction of a Single Lane Roundabout and Associated Works at the Intersection of William Street, Blaxcell Street and Enid Avenue, Granville.

REFERENCE F2010/02641 - D01818018

REPORT OF Supervisor - Project Management

RESOLVED (Bide/Elmore)

12162

(a) That the Tender submitted by Avoca Constructions (NSW) Pty Ltd for the construction of a single lane roundabout and associated works at the intersection of William Street, Blaxcell Street and Enid Avenue, Granville for the sum of $283,416.00 (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.

11.2

SUBJECT Tender No. 36/2010 Jubilee Park Upgrade, Parkes Street, Harris Park.

REFERENCE F2010/02785 - D01818851

REPORT OF Supervisor - Project Management

RESOLVED (Bide/Finn)

12163

(a) That the Tender submitted by Hargraves Landscapes Pty Ltd for the upgrade of Jubilee Park, Harris Park for the sum of $284,111.71 (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.

11.3

SUBJECT Tender No. 37/2010 Horlyck Reserve, South Granville - Playing Field Reconstruction Works.

REFERENCE F2010/02800 - D01819390

REPORT OF Supervisor - Project Management

RESOLVED (Bide/McDermott)

12164

(a) That the Tender submitted by Statewide Civil Pty Ltd for reconstruction of the sportsground playing fields at Horlyck Reserve, South Granville for the sum of $364,854.25 (excluding GST) plus a maximum allowance of $7,200.00 (excluding GST) (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) 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.

(d) Further, that Council approve additional funds of $90,000 from the Open Space Acquisition & Embellishment Special Rate to support this project and that adjustments be made at the March 2011 Quarterly Review.

11.4

SUBJECT Tender No. 35/2010 Red Cow Lane, Parramatta (Adjacent 38 George Street) Between George Street and Erby Place Multi Level Carpark, Parramatta – Upgrade Works Involving Water Sensitive Urban Design Initiatives.

REFERENCE F2010/02654 - D01821227

REPORT OF Supervisor - Project Management

RESOLVED (McDermott/Maitra)

12165

(a) That the Tender submitted by The Glascott Group Pty Ltd for the upgrade works involving water sensitive urban design initiatives in Red Cow Lane, (adjacent No. 38 George Street), Parramatta for the sum of $158,542.11 (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.

11.5

SUBJECT Property Dealing - Rydalmere

REFERENCE F2008/02904 - D01849117

REPORT OF Property Development Manager

RESOLVED (Bide/Garrard)

12166

(a) That Council approve the acquisition of the identified property on the commercial terms set out in the report and classify the land as operational.

(b) That Council approve the delegation of Authority to the Chief Executive Officer to authorise and sign all relevant documents relating to this acquisition.

(d) Further, that this approval extends to land acquisition only and a further report will be presented to Council to outline and seek approval for any further proposal for improvements referred to in this report.

11.6

SUBJECT 65 Kleins Road, Northmead - Class 4 Appeal to New South Wales Land and Environment Court to commence legal action.

REFERENCE F2010/02506 - D01861503

REPORT OF Manager Regulatory Services

RESOLVED (Finn/Elmore)

12167

That Council:

(a) Instruct Council’s solicitors to commence Class 4 prosecution proceedings in the Land and Environment Court against the owner of 65 Kleins Road, Northmead, ME & BD Pty Limited for carrying out of development on land without consent display of advertising signs.

(b) Instruct Council’s solicitors to commence Class 4 prosecution proceedings in the Land and Environment Court against the owner of 65 Kleins Road, Northmead, ME & BD Pty Limited for carrying out of development on land without consent that includes unauthorised building works and display.

(c) Instruct Council’s solicitors to commence Class 4 prosecution proceedings in the Land and Environment Court against the owner of 65 Kleins Road, Northmead, ME & BD Pty Limited for the use of unauthorised development on land without consent.

(d) Instruct Council’s solicitors to commence Class 4 prosecution proceedings in the Land and Environment Court against the owner of 65 Kleins Road, Northmead, ME & BD Pty Limited for failure to comply with a Direction to take Preventative Action pursuant to Section 96 of the Protection of the Environment Operations Act 1997.

7	SUBJECT Parramatta Loop Service REFERENCE F2004/08730 FROM Group Manager City Services
	RESOLVED (Garrard/Wilson)
12168	(a) That Council note the outcome of recent negotiations to secure funding for the Parramatta Loop Bus Service. (b) That Council authorises the Chief Executive Officer to continue discussions with Transport NSW seeking consideration of: 1 retention of the current LOOP branding in the short to medium term; 2 compensation to Council for use of the three vehicles on commercial terms and/or; 3 the future sale of the three vehicles. (c) That Council delegate authority to the Chief Executive Officer to finalise these negotiations and enter into a funding arrangement with Transport NSW for the LOOP bus service in terms no less favourable than those set out in this report. (d) That Council delegate authority to the Chief Executive Officer to finalise and sign legally binding documents for the funding arrangement described in the report. (e) That Council seeks in future to negotiate longer term arrangements for continued funding of the free bus service including different options for provision of the buses. (f) Further, that the money saved from the Loop Service be identified for usage as part of the budget process.
	Note Councillors P Barber (retired), A Bide and A Wilson left the meeting at 10.17pm following consideration of this matter.

QUESTION TIME

SUBJECT Heritage Listing of Milestones

REFERENCE F2008/03734

FROM Councillor Glen Elmore

12169

Councillor Elmore referred to 2 original milestones located on Woodville Road, Granville near Farnell Street and noted that one of the stones had recently been knocked over by a vehicle.

Councillor Elmore questioned whether the stones were on the Roads and Traffic Authority Heritage Register and if not, requested the submission of a report on the future listing of the stones.

SUBJECT Provision of Donations to the Community

REFERENCE F2004/06903

FROM Councillor Prabir Maitra

12170

Councillor Maitra sought advice as to whether Councillors had any discretionary powers in relation to the granting of donations to the community.

The Chief Executive Officer advised that Councillors had no such powers but added that requests from the community could be directed towards the community grants process.

The Lord Mayor added that funds were available in the Urgent Words Fund for each ward and such funds could be allocated subject to agreement by all 3 ward councillors.

The Lord Mayor further added that the Office of the Lord Mayor had access to limited discretionary funding and suggested that Councillors could approach his office if necessary.

SUBJECT Maintenance Required for Bubbler - Walkway near David Jones

REFERENCE C2010/07520

FROM Councillor Julia Finn

12171

Councillor Finn noted that the bubbler on the walkway on the south side of the river, near the David Jones Car Park, has been blocked for an extended period of time and looked to be in an unsightly condition.

Councillor Finn requested that the bubbler in question receive maintenance attention.

SUBJECT Opening of Council Fields for Winter Season 2011

REFERENCE F2005/02421

FROM Councillor Michael McDermott

12172

Councillor McDermott advised that he had been approached by local soccer clubs who had indicated that Council was one week behind surrounding local government areas in having its fields ready for the 2011 Winter Season. This had caused a ‘knock on’ effect throughout the entire Granville District Football Association.

Councillor McDermott asked whether this was in fact the case, and if so, sought advice on the cause.

The Lord Mayor indicated that a reply would be forwarded to Councillor McDermott.

SUBJECT Signage for Shopping Centres

REFERENCE F2008/04592

FROM Councillor Scott Lloyd

12173

Councillor Lloyd requested that he be provided with an update on the provision of directional signage to local shopping centres from nearby main roads, especially at Winston Hills and Toongabbie.

Councillor Lloyd further requested advice as to whether it was possible for the implementation of a framework to also enable the installation of “welcome”’ signage at particular shopping centres.

SUBJECT Return of IT Equipment following Council Elections

REFERENCE F2005/02435

FROM Councillor Paul Garrard

12174

Councillor Garrard requested that the Chief Executive Officer undertake a review on whether former Councillors, who were not re-elected or did not stand for public office at the previous Council election, had returned to Council all IT equipment made available, on loan, for their use in public office.

SUBJECT Large Crane with Illuminated Signage located on Channel 7 Site

REFERENCE F2005/02607

FROM Councillor Lorraine Wearne

12175

Councillor Wearne noted that there was a large crane situated on the Channel 7 site which displayed a large illuminated sign reading “Meritons”. Councillor Wearne noted that the sign could be seen from afar and asked whether the signage was legal.

The Group Manager Outcomes and Development advised that developers, when approached, will often turn the signage off at night and added that an approach would be made to the relevant enforcement agency.

Note

Councillors A Bide and A Wilson returned to the meeting at 10.25pm during consideration of this matter.

SUBJECT Use of the Words "Parramatta, the next CBD" on Council's Website

REFERENCE F2010/02607

FROM Councillor Lorraine Wearne

12176

Councillor Wearne expressed dismay and concern that the words “Parramatta, the Next CBD” were displayed on Council’s new website.

Councillor Wearne questioned who had authorised this phrase and noted that Council should have been consulted on such an issue.

The Lord Mayor asked Councillor Wearne what phrase would be preferred.

Councillor Wearne replied that such an issue was for Council to decide.

The meeting terminated at 10.28pm.

RESCISSION MOTIONS

Following the termination of the meeting, a notice of motion to rescind Item 7.8 of Economy and Development regarding Planning Proposal to amend the City Centre LEP – Parking Standards was submitted by Councillors Elmore, McDermott and Garrard.

THIS PAGE AND THE PRECEDING 23 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 28 FEBRUARY 2011 AND CONFIRMED ON MONDAY, 14 MARCH 2011.

Lord Mayor