MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 7 November 2011 AT 6.48 pm

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 8.53pm), A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson (Deputy Lord Mayor).

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor L E Wearne acknowledged the Burramattagal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present.

WELCOME TO PUBLIC AND MEDIA

The Lord Mayor acknowledged and welcomed members of the public and media representatives to the Chamber.

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 and further welcomed recent migrants to the City.

MINUTES

1	SUBJECT          Minutes of the Council (Development)  Meeting held on 10 October 2011
	RESOLVED      (Chedid/Garrard)
12738	That the minutes be taken as read and be accepted as a true record of the Meeting.

2	SUBJECT          Minutes of the Special Council Meeting held on 17 October 2011
	RESOLVED      (Chedid/Garrard)
12739	That the minutes be taken as read and be accepted as a true record of the Meeting.

APOLOGIES

	RESOLVED      (Barber/Lack)
12740	That an apology be received and accepted for the absence of Councillor P Esber.

DECLARATIONS OF INTEREST

1            Councillor M D McDermott declared an insignificant and non pecuniary interest in relation to Item 1 of Rescission Motions regarding Development Application - 171 Parramatta Road, Granville as Councillor McDermott knows Ms Poyner who is an objector to the proposal. Councillor McDermott did not intend to retire from the meeting during consideration of this matter.

2            Councillor J D Finn declared a non pecuniary interest in relation to Item 1 of Rescission Motions regarding Development Application - 171 Parramatta Road, Granville, as Councillor Finn is a member of the Joint Regional Planning Panel.

3            Councillor A A Wilson declared a non pecuniary interest in relation to Item 1 of Rescission Motions regarding Development Application - 171 Parramatta Road, Granville as Councillor Wilson is a member of the Joint Regional Planning Panel.

MINUTES OF THE LORD MAYOR

1	SUBJECT          Group Homes approved as Complying Development under the Affordable Rental Housing SEPP REFERENCE    F2004/06029 FROM                 The Lord Mayor, Councillor L E Wearne
	RESOLVED      (Wearne/Chedid)
12741	(a)   That the Lord Mayor write to the Minister for Planning and Infrastructure seeking his immediate intervention to prevent the development of Group Homes as complying development under the Affordable Rental Housing SEPP. (b)      That a letter be forwarded to the Minister for Aging and Disability raising concerns that there may be an intention to establish group homes that may not fall within what that Department would consider a “Group Home”. (c)       That WSROC be notified of this issue and its support be sought. (d)      That the Chief Executive Officer seek legal advice on the steps available to Council to prevent the development of the Group Home projects which have already obtained approval as complying development under the Affordable Rental Housing SEPP, such advice to also canvass options available under relevant Disability Acts or requirements. (e)      Further, that if the requested legal advice confirms that there is a course of action available to Council through the court system, that such action be immediately instigated without further reference to Council.

PUBLIC FORUM

1

SUBJECT          Changes to the Customer Compliments and Complaints Policy and Public Forum REFERENCE    F2005/02436 FROM                 Bruce Berry

12742

QUESTIONS By Mr Bruce Berry:- “Thank you Lord Mayor. I have some comments and inquiries about two of the items on tonight's agenda, changes to Compliments and Complaints Policy and to public forum. It was necessary for me to lodge this submission with Council before the meeting business papers were made available, as I was inter-state at the time.  I request that my submission on the exhibited changes to the C & C Policy be made available to the Councillors before determination. “Question 1         Changes to Compliments and Complaints Policy I compliment the Co-ordinator on her direct response to my submission on the Draft Policy and her acceptance of about 14 of my suggestions for incorporation into the Policy. I also appreciate that, unlike on the previous occasion, Council has now been transparent by exhibiting the changes on its website. I believe the final Draft should be re-exhibited because of all the changes and corrections that have been made to the previously exhibited document, which bears little resemblance to a Draft. I also request reconsideration of the proposal on ''unreasonable persistence". I have surveyed 16 Councils, mainly in Western Sydney, and the majority of them do not include this issue in their complaints policies. The Ombudsman sanctions it in his guidelines, but he also expects "optimum communication", even with ''very difficult" complainants. My concern is that the "unreasonable persistence" label will be applied unfairly and that it has already been applied to me. Policy says that access to Council will be restricted only as a last resort. My access has already been unfairly restricted by false claims in letters to me, that since the raising of previous restrictions from me, there has been no evidence of co-operation from me. My sincerity in my assistance to Council has also been questioned. I presented clear and extensive evidence that I have fully co-operated and assisted Council, including Council's own evidence. I raised the matter again when I last spoke at public forum, on 11 July 2011. I asked if Council can dispute anything I said. My question was not answered. My full co-operation also means that I cannot again be accused of placing too much demand on Council's resources. A recent letter has now falsely claimed that I accused a Councillor of failing to declare a conflict of interest. My access to Council is still restricted on items I have simply mentioned in previous correspondence, many of which have been ignored or unconvincingly addressed. Mentioning a matter one or two times out of necessity is not "unreasonable persistence", especially in the face of what I call "unreasonable evasion". I am requesting information, not registering complaints. My question is the same one that was ignored last time :- Can Council dispute my above comments? If so, in what ways? If not, how does Council justify its frustration of my efforts to assist it in providing better service to the community? If I am not given direct, convincing answers it will be further proof that the "unreasonable persistence" will be used increasingly and unfairly against me and anyone else who dares to persist in their rights to information, no matter how embarrassing to Council. The fact that I am not restricted on "new" issues changes nothing. I intend to lodge a formal complaint, pending the response to these matters, but under the circumstances, I believe it will not be sympathetically reviewed and the C & C Policy seems to have been simplified so much that it does not make it clear how such a high level complaint will be processed.” Question 2          Changes to Public Forum” Note At this time the 5 minutes allocated to Mr Berry’s Public Forum questions expired. The Lord Mayor advised Mr Berry that a written response would be provided to the issues raised in Public Forum.

Rescission Motions

8.1	SUBJECT          Rescission Motion - Development Application - 171 Parramatta Road, Granville REFERENCE    DA/76/2010 - D02145642. REPORT            Manager Development Services. Also Service Manager Development Services email dated 7 November 2011.
12743	NOTE:       Councillor P B Barber and his signatories withdrew this rescission motion.
	FURTHER NOTE:                     Councillors J D Finn and A A Wilson had previously declared a non pecuniary interest in relation to this item as they are members of the Joint Regional Planning Panel and temporarily left the Chamber during this matter.                     Councillor M McDermott had previously declared an insignificant and non pecuniary interest and notified the Chamber of his intention not to retire during the matter.

Economy and Development

9.1	SUBJECT          Economic Development Vision and Strategy REFERENCE    F2011/02463 - D02098076 REPORT OF      Business and Development Manager. Economic Development
	RESOLVED      (Lim/Chedid)
12744	(a)      That Council endorse the strategic direction and recommended 5 year action plan outlined in the Parramatta Economic Development Strategy. (b)      That Council approve the first year’s allocation of the levy noting that expenditure beyond the current financial year will be subject to annual review and approval by Councillors. (c)       That Council provide in-principle support for the 5 year allocation of the levy noting it will be subject to new approval in June 2012. (d)      That Council endorse the creation of a Partnership Fund of $60,000 per year from the levy for implementation of the Partnership Fund Application Process as set out in this report and in the attachment. (e)      That applications be assessed by a panel made up of 3 staff, a member of Council’s Internal Audit Team, 1 representative from Trade and Investment NSW and the Lord Mayor (or representative) be permitted to attend as an observer. (f)        That Council seek funding for the Tourism Officer position from State and Federal Governments. Should such action be unsuccessful, funding be sought from the Economic Development levy. (g)      Further, that Councillors be provided with regular updates on the economic development of Parramatta throughout the year.

9.2	SUBJECT          8 Almond Street, Constitution Hill (Caroline Chisholm Ward)  (Lot 12 DP 214933) DESCRIPTION  Demolition and construction of a 2 storey dwelling house. REFERENCE    DA/461/2011 - Submitted 7th July 2011 APPLICANT/S   Greenfield Accredited Certifiers OWNERS           Ms K T Khine REPORT OF      Manager Development Services. Also Team Leader Development and Certification Memorandum dated 7 November 2011. Also submission dated 3 November 2011 from P and S Friend. REASON FOR REFERAL TO COUNCIL                             The matter was referred to Council as more that seven (7) submissions were received
	MOTION              (Lloyd/Wilson) That the application be refused on the grounds of street setback, character and cross ventilation.
	The motion was put and lost.
	DIVISION       The result being: AYES             Councillors P J Garrard and S D Lloyd. NOES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, A Issa, OAM MP, M A Lack, C X Lim, P K Maitra, M D McDermott and A A Wilson.
	FURTHER MOTION              (Bide/Elmore) (a)      That the Council, as the consent authority grant development consent to Development Application No.DA/461/2011 for the demolition, tree removal and construction of a 2 storey dwelling house at 8 Almond Street, Constitution Hill for a period of five (5) years from the date on the Notice of Determination subject to the conditions of consent contained in attachment 1 and subject to the water gum trees as indicated on the relevant diagram being replaced with a lower growing tree. (b)      Further, that the objectors and head petitioner be advised of Council’s decision.
12745	The further motion was put and carried.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, A Issa, OAM MP, M A Lack, C X Lim, P K Maitra and M D McDermott. NOES             Councillors P J Garrard, S D Lloyd and A A Wilson.

9.3	SUBJECT          7 Regiment Grove, Winston Hills (Lot 87 DP 270075) (Caroline Chisholm Ward) DESCRIPTION  Construction of a two storey dwelling. REFERENCE    DA/597/2011 - 1 September 2011 APPLICANT/S   Brilliant Homes OWNERS           Nathan and Ashya McDonald REPORT OF      Manager Development Services REASON FOR REFERAL TO COUNCIL                             The Proposal seeks a SEPP 1 variation of greater than 10% to Clause 38 ‘Minimum allotment sizes in Parramatta Local Government Plan 2001
	RESOLVED      (Elmore/Lack)
12746	(a)     That Council support the variation to Clause 38 of the PLEP 2001 under the provisions of SEPP 1. (b)     Further, that Development Application No. 597/2011 for the construction of a two storey dwelling on land at 7 Regiment Grove, Winston Hills be approved subject to conditions of consent in Attachment 1 of this report.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

9.4	SUBJECT          253 Church Street, PARRAMATTA (Lot B DP 380256) (Arthur Phillip Ward) DESCRIPTION  Alterations and additions to a heritage listed building including provision of access to the first floor from the Church Street frontage. REFERENCE    DA/617/2011 - Submitted 8 September 2011 APPLICANT/S   L FORM PTY LTD OWNERS           Syros Investments Pty Ltd REPORT OF      Manager Development Services REASON FOR REFERAL TO COUNCIL                             The application has been referred to Council as the proposal involves works to a heritage item.
	RESOLVED      (Lim/Chedid)
12747	That Council grant development consent to Development Application No DA/617/2011 for alterations and additions to a heritage listed building including provision of access to the first floor from the Church Street frontage and an egress door to the rear lane on land at 253 Church Street, Parramatta subject to conditions contained within Attachment 1.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor , L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

9.5	SUBJECT          Planning Proposal - 220 & 222 Church Street & 48 Macquarie Street, Parramatta REFERENCE    RZ/5/2011 - D02144811 REPORT OF      Group Manager Outcomes and Development
	RESOLVED      (Bide/Lim)
12748	(a)       That the Planning Proposal at Attachment 2 to amend the Parramatta City Centre LEP 2007 to re-distribute and increase the maximum allowable floor space ratio on land at 220 & 222 Church Street & 48 Macquarie Street, Parramatta be endorsed and forwarded for Gateway assessment by the Department of Planning and Infrastructure in accordance with Section 56 of the Environmental Planning and Assessment Act 1979. (b)       That subject to Gateway determination the Planning Proposal be publicly exhibited simultaneously with the Development Application for the site. (c)       Further, that a report be put to Council following the public exhibition.
	DIVISION       The result being: AYES             The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES             None.

9.6	SUBJECT          Proposal for RTA to submit DA for Continuous Foreshore Access REFERENCE    F2011/02581 - D02145702 REPORT OF      Development Manager Analyst. Property Development
	RESOLVED      (Bide/Lim)
12749	(a)       That Council note the RTA funded Investigations and DA documentation in this report, for the proposed works on Council and RTA land. (b)       That Council approve the finalisation and submission of a DA for the proposed works. (c)        Further, that for the above purpose, Council provide the necessary land owners consent for works on Council land to complement the land owner consent to be provided by RTA for the proposed works.

Environment and Infrastructure

10.1	SUBJECT          Barry Wilde Bridge Fountain REFERENCE    F2010/02284 - D02122086 REPORT OF      Senior Project Officer – Environmental Outcomes
	MOTION              (Bide/Lim)
	(a)      That Council endorses the proposal to construct a Bridge Fountain on Barry Wilde Bridge as outlined in this report. (b)      That funds be allocated from the funding sources identified in this report and alternative sources also be sought from the State and Federal Government. (c)       That  advice be provided to Councillors in relation to the progress of previous resolutions regarding the following:-            (i)     Lighting of the cliffs surrounding the ferry wharf.            (ii)    Bud lighting near the river (in the trees). (iii)    The maintenance program for the Barry Wilde Bridge and the Elizabeth Street Bridge. (iv)    Footpaths at the corner of Victoria Road and Church Street at the entrance to the city. (d) Further that this matter be the subject of an Expression of Interest, such EOI to be inclusive of the exploration and animation of lights and water.
	AMENDMENT   (Elmore/Barber)
	(a)      That Council endorses the proposal to construct a Bridge Fountain on Barry Wilde Bridge as outlined in this report. (b)      Further, that funds be allocated from the funding sources identified in this report.
	The amendment was put and lost.
12750	The motion was put and carried.

10.2	SUBJECT          Traffic Engineering Advisory Group Minutes of meeting held on 6 October 2011 REFERENCE    F2010/03204 - D02128140 REPORT OF      Traffic & Transport Support Officer. Traffic and Transport
12751	RESOLVED      (Issa OAM MP/Wilson)
	That the minutes of the Traffic Engineering Advisory Group meeting held on 6 October 2011 be adopted with the exceptions of Items 1110 B4 and 1110 B5.
12752	RESOLVED       (Garrard/Issa OAM MP)
	That in relation to Item 1110 B4, the Service Manager – Traffic and Transport bring forward a report on how a pedestrian crossing could be initiated in Clyde Street, South Granville, between Boronia and Byrne Streets, so as to comply with conditions as set down by the Australian Standards.
12753	RESOLVED      (Lim/Finn)
	That in relation to Item 1110 B5, the decision of the TEAG be adopted as part (a) with an additional clause (b) to read as follows:- “(b)    A further investigation be conducted to examine the possible          installation of a zebra crossing with island refuge between Bridge           Street and Mons Road, Wentworthville.”
	NOTE:      1        Councillors J D Finn and M McDermott left the meeting at 8.21pm during consideration of this matter.                    2        Councillors M D McDermott (8.22pm) and J D Finn (8.23pm) returned to the meeting during consideration of this matter.                    3        Councillor P K Maitra left the meeting at 8.24 pm during consideration of this matter.                    4        Councillor P K Maitra returned to the meeting at 8.25 pm during consideration of this matter.

10.3	SUBJECT          Parramatta Traffic Committee Minutes of meeting held on 6 October 2011 REFERENCE    F2010/03205 - D02128256 REPORT OF      Traffic & Transport Support Officer. Traffic and Transport
	RESOLVED      (Barber/Issa OAM MP)
12754	That the minutes of the Parramatta Traffic Committee meeting held on 6 October 2011 be adopted.

Community and Neighbourhood

11.1	SUBJECT          Allocation of PCC Multi-year Community Grants Funds REFERENCE    F2011/03209 - D02113918 REPORT OF      Grants Officer
	MOTION             (Barber/McDermott)
	That up to $18,000 (excluding GST) of uncommitted multi-year PCC community grants funds from the 2011-2012 budget be allocated to a project to improve the quality and sustainability of auspice arrangements between community organisations and services in the Parramatta local government area.
	AMENDMENT   (Lim/Bide)
	That up to $18,000 (excluding GST) of uncommitted multi-year PCC community grants funds from the 2011-2012 budget be rolled over to next year’s allocation of the same budget.
	The amendment was put and lost on the Lord Mayor’s casting vote.
12755	The motion was put and carried on the Lord Mayor’s casting vote.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.53 pm for a period of 15 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.08 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, G J Elmore, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, L E Wearne and A A Wilson.

Note

Councillor P B Barber did not return to the meeting after the adjournment.

11.2	SUBJECT          PCC Community Small Grants REFERENCE    F2011/01904 - D02135591 REPORT OF      Grants Officer
	RESOLVED      (Garrard/Chedid)
12756	That the Chief Executive Officer is delegated authority by Council to make decisions relating to Small Grants funding subject to the concurrence of the Lord Mayor and the annual budget adopted by Council for this purpose.
	NOTE:       Councillor M D McDermott returned to the meeting at 9.09 pm during consideration of this matter.

Governance and Corporate

12.1	SUBJECT          Risk Management Institution of Australia RMIA Conference 2011 - 20 - 22 November 2011 - Melbourne REFERENCE    F2010/03192 - D02086546 REPORT OF      Executive Support Manager
	RESOLVED      (Chedid/Garrard)
12757	That interested Councillors notify the Office of the Lord Mayor of their interest in attending this conference.

12.2	SUBJECT          Schedule of Council Meetings for 2012 REFERENCE    F2004/08629 - D02104510 REPORT OF      Team Leader Council Support. Also Team Leader Council Support Memorandum dated 7 November 2011.
	RESOLVED      (Wilson/Elmore)
12758	That the following Council Meeting dates for 2012 be adopted:- Monday, 13 February 2012 Monday, 27 February 2012 Monday, 12 March 2012 Monday, 26 March 2012 Tuesday, 10 April 2012       (Easter Monday is 9 April 2012) Monday, 23 April 2012 Monday, 14 May 2012 Monday, 28 May 2012 Tuesday, 12 June 2012       (Queen’s Birthday is Monday, 11 June 2012) Monday, 25 June 2012 Monday, 9 July 2012 Monday, 23 July 2012 Monday, 13 August 2012 Monday, 27 August 2012 Note - Saturday, 8 September 2012 - 2012 Local Government Election Monday 17 September 2012 – Special Council Meeting – Election of Lord Mayor (subject to declaration of poll) Monday, 24 September 2012 Monday, 8 October 2012 Monday, 22 October 2012 (Note the 2012 Local Government Association Conference will be held in Dubbo from 28 to 31 October 2012) Monday, 12 November 2012 Monday, 26 November 2012 Monday, 10 December 2012 Monday, 17 December 2012

12.3	SUBJECT          Investments Report for August 2011 REFERENCE    F2009/00971 - D02108075 REPORT OF      Manager Finance
	RESOLVED      (Garrard/Chedid)
12759	That Council receives and notes the investments report for August 2011.

12.4	SUBJECT          Alteration to Public Forum at Council Meetings REFERENCE    F2008/04592 - D02107548 REPORT OF      Team Leader Council Support
	MOTION             (Bide/Wilson)
	That the report be received and noted and no further action be taken.
	AMENDMENT   (Elmore/Lack)
	That Council’s Code of Meeting Practice pertaining to Public Participation be altered with an additional clause 5(e) reading:- (5)      Following the receipt of questions, the following procedure will apply:           (a)   Questions/Statements will be registered in order of receipt.  (b)    The first six (6) questions will be considered, if possible, at that night's Council meeting and any remaining questions will be held over to a later meeting of Council. (c)      Advice as to which questions will be considered will be forwarded to participants. (d)     Priority will be given to those wishing to speak that have not done so before. (e)     That only one speaker for and one speaker against be accepted for any one topic or application at any Council Meeting.
	The amendment was put and lost.
12760	The motion was put and carried.
	NOTE:       Councillor A Issa, OAM, MP returned to the meeting at 9.13 pm during consideration of this matter.

12.5	SUBJECT          Audit Committee Minutes REFERENCE    F2008/02951 - D02132106 REPORT OF      Service Auditor
	RESOLVED      (Lim/Wilson)
12761	(a)       That the minutes of the Audit Committee meeting held on 13 October 2011 be adopted. (b)       Further, advice on arrangements made in relation to Civic Place and associated properties, including leasing and income, be referred to the Audit Committee.

12.6	SUBJECT          Review of Customers Compliments and Complaints Policy REFERENCE    F2011/00378 - D02137328 REPORT OF      Policy Review Officer
	RESOLVED      (Lim/Issa OAM MP)
12762	That Council adopt the proposed Customers Compliments and Complaints Policy as amended (attachment 1 to report).

Notices of Motion

13.1	SUBJECT          Free Access to Aquatic Centres REFERENCE    F2004/05927 - D02117192 REPORT OF      Councillor P K Maitra
	MOTION              (Maitra/McDermott)
	(a)         That Council introduce a free single-visit family pass for residents each year and dedicates one day each week for free entry for seniors who are eligible for Senior's Card under NSW Government scheme to Council's aquatic centres from 1st January 2012. (b)         That operational matters to be decided by the CEO or his nominee. (c)          That Council receive an assessment report on these changes following a trial period of one year. (d)         Further, that the proposal be promoted on Council websites, other Council publications and on the rates notices.
	AMENDMENT   (Bide/Wilson)
	That the discussion paper be noted and that no further action be taken on this matter. The amendment was put and lost.
	FURTHER AMENDMENT   (Garrard/Chedid)
	That a report be issued to Councillors for consideration in conjunction with the Delivery Plan and Budget for 2012/13 examining the introduction of a free family pass for residents once a year and free pool entry for seniors on one weekday each week.
12763	The further amendment was put and carried and on being put as the motion was again carried.

13.2	SUBJECT          Support for Office of Lord Mayor REFERENCE    F2008/04592 - D02130683 REPORT OF      Councillor P J Garrard
	RESOLVED      (Garrard/Bide)
12764	That the Chamber calls upon the General Manager to make a deliberate and noticeable Statement to support the Chamber’s intention of its previous resolution, as tabled at to the CEO at the Council Meeting, ie: To make a public statement in support of Staff on Level 12 and within the Organisation, to address the adverse publicity mentioned in the Parramatta Advertiser in March of this year.

13.3	SUBJECT          Staff Redundancies REFERENCE    F2004/06182 - D02135540 REPORT OF      Councillor P J Garrard
12765	NOTE: The Lord Mayor ruled the Notice of Motion included on the business paper in respect of this matter as ‘out of order’.
	NOTE:       Councillor G J Elmore left the meeting at 10.21pm during consideration of this matter.

13.4	SUBJECT          Celebration of Riverside Theatres' 25th Anniversary REFERENCE    F2004/06918 - D02143508 REPORT OF      Councillor A A Wilson
	RESOLVED      (McDermott/Wilson)
12766	That Council prepare report with a view to:- 1.        Celebrating the 25 anniversary of Riverside Theatres in February 2013. 2.        Conducting a small "celebrate the performing arts" function with stakeholders in February 2012 to put Riverside's anniversary onto the agenda, such function to be hosted by the LM assisted by the DLM. 3.        Presenting a reviewed plan to Council on the Theatres’ needs. 4.        Making representations to other levels of government for appropriate contributions.
	NOTE:        Councillor G J Elmore returned to the meeting at 10.22 pm during consideration of this matter.

CLOSED SESSION
	RESOLVED      (Lack/Elmore)
12767	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 14/2011 - Tender for the Provision of Security Alarm Monitoring, Response, and Guards Services. (D02104523) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2       Tender 15/2011 - Tender for the Provision of Security Equipment Installation and Maintenance. (D02104528) - 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       Garbage Collection Tender (Resource Recovery Services). (D02144691) - 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       Referral of Inspection report by the NSW Fire & Rescue (FRNSW). (D02134841) - 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.

5       Request for Proposals and Car Parking Facility. (D02145593) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6       Proposed Acquisition of Property. (D02145189) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

7       Request for Proposal and Council Facilities. (D02120791) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

8       CEO’s Performance Review 2009/0011. This Lord Mayoral Minute is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the Minute contains personnel matters concerning a particular individual.

NOTE:     Councillors J Chedid and A A Wilson left the meeting at 10.23 pm during consideration of this matter and returned during Item 1 of Closed Session.

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

14.1	SUBJECT          Tender 14/2011 - Tender for the Provision of Security Alarm Monitoring, Response, and Guards Services REFERENCE    F2011/01827 - D02104523 REPORT OF      Service Manager Trades, Building and Fleet. Also Manager City Operations Memorandum dated 27 October 2011.
	RESOLVED       (Lim/Lack)
12768	(a)       That the tender submitted by BSMS Group Pty. Ltd. for provision of Security Alarm monitoring, Response and Guards Services at the proposed rates 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 tender prices and the associated funding accounts be included in the recommendation of future similar reports.

14.2	SUBJECT          Tender 15/2011 - Tender for the Provision of Security Equipment Installation and Maintenance REFERENCE    F2011/01829 - D02104528 REPORT OF      Service Manager Trades, Building and Fleet
	RESOLVED      (Lim/McDermott)
12769	(a)      That the tender submitted by Independent Locksmith & Security Pty. Ltd. for  provision of Security Equipment Installation and Maintenance at the proposed rates 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 tender prices and the associated funding accounts be included in the recommendation of future similar reports

14.3	SUBJECT          Garbage Collection Tender (Resource Recovery Services) REFERENCE    F2009/02443 - D02144691 REPORT OF      Service Manager. Sustainability and Waste
	RESOLVED      (Bide/Wilson)
12770	(a) That Council receive and note Cleanaway’s acceptance of Council’s offer of a short extension under terms and conditions of the existing garbage collection contract; (b)    Further, that Council proceed to prepare documentation and invite tenders in accordance with this report including the continuance of the existing three bin system and contractor managed education program; a revised bulky cleanup waste service without any reduction of services; a pre-determined unit rate for distance travelled to disposal site/s; and opportunity for voluntary trials for food waste diversion and new resource recovery innovations/technologies.

14.4	SUBJECT          Referral of Inspection report by the NSW Fire & Rescue (FRNSW) REFERENCE    F2004/07367 - D02134841 REPORT OF      Manager Regulatory Services
	RESOLVED      (Lim/Bide)
12771	(a)       That Council notes the referred letter from the Fire and Rescue NSW (FRNSW) dated 23 August 2011 pursuant to Section 121ZD of the Environmental Planning and Assessment Act 1979. (b)       Further, that Fire and Rescue NSW (FRNSW) have been advised of the action taken in regard to this matter.

14.5	SUBJECT          Request for Proposals and Car Parking Facility REFERENCE    F2011/02581 - D02145593 REPORT OF      Development Manager Analyst. Property Development
	RESOLVED      (Lim/Bide)
12772	(a)      That Council approve the Business Case outlined in this Report, for the redevelopment of the subject land including the provision of the new Council facility on that land and notify the Department of Local Government. (b)      That Council make a submission for this purpose to the Department of Local Government in accordance with the Division of Local Government Director General Guidelines of December 2010 and pursuant to Section 23A of the Local Government Act 1993. (c)       Further that Council approve the commencement of the Request for Proposals (RFP) process for the redevelopment of the Council land including Council Facilities, noting that the Property Development Group will present an additional report to Council with the results of the process prior to committing to a Development Contract.

14.6	SUBJECT          Proposed Acquisition of Property REFERENCE    F2011/02581 - D02145189 REPORT OF      Development Manager Analyst. Property Development
	RESOLVED       (Maitra/Lack)
12773	(a)      That Council acquire the property identified in the report by way of private treaty for a price no greater than that stated in the report. (b)       That the Chief Executive Officer is authorised to negotiate the terms of the sale contract and to sign all relevant documents relating to the acquisition of the property identified in the report. (c)        That the common seal of Council may be affixed to the land sale contract for the purchase of the property identified in the report. (d)      Further that the property identified in the report be classified 'operational land'.
	NOTE:       Councillor A A Wilson requested that his  name be recorded as having voted against this decision.

14.7	SUBJECT          Request for Proposal and Council Facilities REFERENCE    F2010/02066 - D02120791 REPORT OF      Development Manager. Property Development
	RESOLVED       (Bide/Chedid)
12774	(a)           That Council approve the Business Case outline in this report, for the redevelopment of the subject land including the provision of the new Council facilities on that land and notify the Department of Local Government. (b)           That Council make a submission for this purpose to the Department of Local Government in accordance with the Division of Local Government Director General Guidelines of December 2010. (c)           That Council approve the extension of the Option Agreement on terms referred to in the report. (d)           That the council commence the process for reclassification of the current; Heritage Centre land, from Community to Operational use. (e) Further that Council approve the commencement of Request for Proposals ( RFP) process for the redevelopment of the Council land including Council Facilities, noting that a further report will be provided to Council with the results of the process.

14.8	SUBJECT          Chief Executive Officer’s Performance Review REFERENCE    F2011/03465 FROM                 The Lord Mayor, Councillor L E Wearne
	RESOLVED       (Finn/Chedid)
12775	(a) That the remuneration be adjusted in accordance with the recommendations contained within the report and in line with contractual provisions, with the precise adjustment to be determined by the Chamber and conveyed  by the Lord Mayor to the Human Resources Manager. (b) That the Lord Mayor seeks expressions of interest from independent consultants to conduct the CEO’s performance review 2011/2012 and report back to the Chamber at which time a new review committee will be formed. (c) Further, that the current committee be dissolved and thanked for its efforts.
	NOTE:       Staff retired from the Chamber at 11.02 pm before consideration of this matter.

The meeting terminated at 11.45 pm.

THIS PAGE AND THE PRECEDING 21 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 7 NOVEMBER 2011 AND CONFIRMED ON MONDAY, 14 NOVEMBER 2011.

Lord Mayor