Minutes of Council - 12 December 2011

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 12 December 2011 AT 6.46 pm

PRESENT

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (arrived 6.50 pm, retired 9.46 pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra (arrived 6.47 pm), M D McDermott and A A Wilson (Deputy Lord Mayor).

MINUTES

SUBJECT Minutes of the Council Meeting held on 5 December 2011

RESOLVED (Chedid/Wilson)

12861

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

APOLOGIES

RESOLVED (Lloyd/Esber)

12862

That an apology be received and accepted for the absence of Councillor C X Lim.

DECLARATIONS OF INTEREST

Councillor A A Wilson declared a non pecuniary interest in relation to Item 8.14 of Economy and Development regarding 63 Victoria Road, Parramatta (Minute No. 12881) as Councillor Wilson has known the applicant for a number of years. Councillor Wilson did not intend to retire from the Chamber during consideration of this matter.

NOTE: Councillor P K Maitra arrived at the meeting at 6.47 pm during consideration of this matter.

MINUTES OF THE LORD MAYOR

SUBJECT 61st Australian Local Government Women's Association

REFERENCE F2010/03184

FROM The Lord Mayor, Councillor L E Wearne

RESOLVED (Wearne/Chedid)

12863

That any Councillors interested in attending the 61^st Australian Local Government Women’s Association (NSW) Conference being held in Dubbo, NSW from 22 to 24 March 2012, advise the Office of the Lord Mayor.

2	SUBJECT Acknowledgement of the Passing of Mr Peter Warren REFERENCE F2011/02274 REPORT OF The Lord Mayor, Councillor L E Wearne
	RESOLVED (Wearne/Maitra)
12864	(a) That Council acknowledges the passing of Mr Peter Warren and pay respect to this memory and considerable contribution to the community. (b) Further, that Council mark the passing of Mr Peter Warren with a minute’s silence.
	NOTE: 1 Councillor P B Barber arrived at the meeting at 6.50 pm during consideration of this matter. 2 Following the above decision, the Chamber observed one minute’s silence.

PUBLIC FORUM

SUBJECT Support for Non Smoking in Outdoor Dining Areas

REFERENCE F2011/00112

FROM Ms Wendy Watson

12865

STATEMENT

By Ms Wendy Watson:-

“I represent the Western Sydney Cancer Advocacy Network. We are a group of volunteers interested in issues related to cancer in this region. These include creating a better environment to prevent cancer as well as ensuring support services meet the needs of those diagnosed and their families and friends.

Some of us are cancer patients and survivors and some of us have supported loved ones following a cancer diagnosis. Having been through the roller coaster of two of my close family members with cancer, I have many times asked why and there are not many answers. But when we know that many cancers are preventable by avoiding smoking and helping others who want to give up then we cannot just stand by and do nothing.

Congratulations on the extensive consultation. We have waited a full year for this progress but it is now clear that the Parramatta community are in favour of smoke-free outdoor dining. There is no further reason not to follow the recommendations resulting from the consultation.

You have the facts, I won’t repeat them but I want to highlight a few things.

Businesses do not lose money by providing smoke free alfresco dining.

We have a responsibility to protect anyone in their workplace from exposure to second hand smoke.

By providing supportive environments to those who want to quit there is more chance they will.

I and all those who we have spoken to when we walked around Parramatta in 2010 gathering signatures for our petition look forward to the middle of next year when we know we can go to Parramatta and sit outside and enjoy our great city while enjoying a meal.”

SUBJECT Objection to Smoking in Outdoor Dining Areas

REFERENCE F2011/00112

FROM Ms Diane Openshaw

12866

STATEMENT

By Ms Diane Openshaw:-

“Thank you for the opportunity to speak to you tonight. I am not here to give you statistics about cancer or passive smoking, as I am sure that you have been given that information. I am here to tell you about my personal experience, because the decision you are going to make tonight, will affect people personally.

I’ve been a resident of Parramatta for over twenty years, living on the border at Epping. A couple of years ago, my niece and her husband who live at North Rocks told me that they were going to take out a subscription to the Riverside Theatre and asked if I would like to join them. Since then we have been enjoying the experience of attending various productions and eating and drinking in the wonderful restaurants. However, we have not eaten in Parramatta for some time now, as we wanted to sit outside and found we could not do so, because of people smoking. My nephew-in-law had to have a leg amputated a few years ago, because he is a diabetic. He had been a smoker and gave it up after the operation. Sadly, he resumed smoking after a couple of years and had to be rushed to hospital with an aneurism. He has now given up smoking again. Was I angry that he had resumed smoking? Of course I was, but even though I am a non-smoker, I do realise that smoking is an addiction, and not so easily given up. I have friends, who achieved it many years ago, who have told me, that when they smell cigarette smoke they still crave a cigarette.

Hence, until smoke-free areas are introduced in the outside areas of the restaurants in Parramatta, we will not be dining there.

I am sure there is not one of you who have not lost friends and/or family, to cancer, heart disease or diabetes. Smoking contributes to the death rate from all of those.

I have lost two brothers and two sisters-in-law to cancer, and had to see not only their deterioration but the anguish of all who loved them. No-one should have to go through that.

Please act for the people of Parramatta and its visitors. You are promoting the City of Parramatta as a sophisticated city. We are past the 1940’s; smoking is not sophisticated. It is dirty and dangerous, both for smokers and non-smokers.”

3	SUBJECT 255 Victoria Road, Rydalmere REFERENCE DA/376/2011 FROM Ben Tesoriero

12867	AS SUBMITTED By Mr Ben Tesoriero:- “We have requested to address Council today, as we believe that there are key components of the Section 79C Planning Assessment Report and subsequent Addendum to the Assessment Report which are incorrect and/or questionable, and warrant further consideration prior to finalising a determination on the subject development applications. From the outset, we wish to remind Council that development application DA-376/2011 is for the use of one (1) level within an existing approved building for the purposes of two (2) food/drink tenancies and associated seating only. I highlight that under the previous and current land use zones that food and drink premises are permitted with consent. I also highlight that the objectives of the previous and current zonings of the site are to provide for land uses such as food and drink premises to support the day to day needs of workers in the area. To this effect, it can be seen that we are putting forward a proposal that meets the objectives of the zone and is permitted with consent on the site. What I’m about to present is based on the conclusions and recommended reasons for refusal put forward by Council’s development assessment team. 1. The first item for refusal relates to insufficient car parking for the two food/drink premises The proposed food and drink premises are intended to support the current day to day needs of workers in the area, and possibly future residents of the proposed boarding house. Accordingly it is envisaged that the vast majority of customers for the premises will be from the immediate vicinity of the site and within close walking distance. As these food and drink premises will be for the convenience of local workers, and potentially residents of the boarding house, it is anticipated that the proposal will generate very minimal car parking demand. Amended plans for the proposed development now indicate the provision of 14 car parking spaces on the site. Of these 14 car parking spaces, 2 car parking spaces are provided immediately in front of the food and drink premises adjacent to the road. It is also noted that that on-street car parking is available west of the subject site along Brodie Street and Bridge Street. Additionally, the subject site is well located adjacent to Victoria Road bus stops, and within close walking distance to Rydalmere train station. For comparative analysis, attention is also drawn to other food and drink premises within the local industrial area and nearer to Rydalmere train station which do not provide on-site car parking facilities. Accordingly it is considered that the minor parking demand created by the proposed development can be adequately accommodated within the site and surrounding streets, and as a result the issue does not surmount to a reason worthy of refusal for the proposed development. 2. The proposal is an overdevelopment of the site The proposed development is for the internal fit-out and use of a single floor within an already approved multi storey building. The existing approved building formed part of development consent number DA333/96 and continues to be valid for the subject site. As the proposed works will not alter the already approved building envelope, we strongly disagree that the proposed development should be refused on the basis that it would constitute an ‘overdevelopment’ of the site. This reason is false, and fundamentally flawed in respect to the subject proposal. It is fundamental that buildings have the ability to adapt to different uses over time. The proposed use in this development application is entirely permitted within the zone, meets the objectives of the zone, and is consistent with other food and drink premises within the local area in so far as the reasons outlined for refusal. 3. The application has failed to provide sufficient information to enable a proper assessment of the proposal, in particular how the development will manage the storage and disposal of solid and liquid wastes Waste is envisaged to be stored in the recessed area on the western side of the building adjacent to the existing driveway. Additionally, as has been outlined in the submitted Operational Management Plan, it is intended that waste minimisation, recycling and proposed refuse disposal arrangements will be undertaken as per Parramatta City Council’s recycling requirements. The On-Site manager will deliver and retrieve the waste bins to the kerb on collection days. Given the overall size of the existing approved building, and the relatively small scale of the proposal (being for only two (2) food and drink premises) it is considered that there is suitable capacity for the storage and disposal of wastes. Furthermore, we would be open to accept an appropriate condition of consent that would require us to provide a more detailed Waste Management Plan to Council prior to the issue of a construction certificate. 4. The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy, particularly evacuation and flood awareness issues The proposed development is for two (2) food and drink premises with associated cafeteria style seating. As per Council’s Local Floodplain Risk Management Policy, this form of development would be classified as Commercial & Industrial under the provisions of the aforementioned policy. In this regard the floor level of the proposed development is required to be equal or greater than the 100 year ARI flood level plus freeboard. The proposed food and drink premises are located at RL7.2m AHD, while the 100 year ARI flood level is specified as being RL6.08m AHD as per Council’s Flood Map. Accordingly the proposed development will be located 1.12m above the 100 year ARI flood level, which exceeds the minimum requirements specified in the Floodplain Matrix of Council’s Local Floodplain Risk Management Policy. Attention is also drawn to recent approvals which have not required such extensive flood information be provided as part of a change of use development application to an existing approved building in the immediate vicinity of the subject site, namely DA/150/2011 approved in August 2011 for land at 3-5 Bridge Street directly adjacent to the subject site. Verbal discussions held between Council’s original development assessment officer and I on the project outlined the appropriateness and timing of the provision of certain additional information being requested by Council, in particular, consultant reports relating to DA 377/2011 and flood information for the subject development application. It was explained that due to the considerable expense required to undertake and provide such additional information, it would be preferable to do so once some clarity on Council’s position as to whether to support or refuse the proposal had been obtained. While we are not adverse to provide additional information in relation to perceived flood issues on the site, we would request that such information be conditioned, or commencement of the approval be deferred until such information is provided to Council’s satisfaction. 5. The development that this application seeks approval for warrants the submission of a new development application for the entire building It is reiterated again that this development which the application seeks approval for is the use of an existing floor within an already approved building on the subject site for the permitted purpose of two (2) food and drink premises. Given that the proposal meets the objectives of the previous and current zoning of the site, is permissible with consent, and will take place within an existing approved building, it is considered extremely onerous and unwarranted that Council refuse the development application on the basis that submission of a new development application for the entire building is required. 6. The proposed development is not in the public interest The zone objectives of the Sydney Regional Environmental Plan No.28 (Parramatta) and Parramatta Local Environmental Plan 2011 set out and define the desired outcome for land uses on the subject site. Under the provisions of the ‘Business and Transport Centre’ zoning of the site for which the application was lodged, the proposal achieves the key objective of providing opportunities for mutually supportive retail or commercial development. Additionally under the recently gazetted IN2 zoning of the site the proposed development will achieve the desired objective of the zone by providing food and drink services to meet the day to day needs of workers in the area. Given the proposed development is consistent with these objectives and permissible with consent on the site, and given the arguments outlined above, it is considered that the proposal is within the public interest and accordingly should be recommended for approval by Parramatta City Council.”
	NOTE: Councillor M D McDermott left the meeting at 7.06 pm and returned at 7.07 pm during consideration of this matter.

Economy and Development

8.1	SUBJECT 306 Church Street, Parramatta Lot 10 DP 65743 DESCRIPTION Alterations & additions to a heritage listed building including fitout and use of the first floor as a restaurant, works to the roof top to accommodate the restaurant seating, a roofed bar area and fitout of part of the ground floor as a cafe with associated signage. REFERENCE DA/566/2011 - Submitted 16 August 2011 APPLICANT/S Dyldam Developments Pty Ltd OWNERS C16 Pty Limited REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is being referred to Council for determination as the proposal involves structural works to a heritage item.
	RESOLVED (Esber/Barber)
12868	That Council as the consent authority grant development consent to Development Application No. 566/2011 for the alterations and additions to a heritage listed building including fitout and use of the first floor as a restaurant, creation of a roof top terrace and bar area including an access stair, deck and vergola, and works to the ground floor to facilitate access to the first floor on land at 306 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, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.2	SUBJECT 582 - 588 Woodville Road, Guildford (Lot A DP 405940 and Lots 3 - 5 DP 128860) (Woodville Ward) DESCRIPTION Demolition, lot consolidation, tree removal and construction of a two storey residential flat building complex containing 16 units over basement carparking REFERENCE DA/309/2011 - Submitted 12 May 2011 APPLICANT/S Aslan Properties Pty Ltd OWNERS Aslan Properties Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination due to the down zoning of the site from Mixed Use 10 to R2 Residential under Parramatta LEP 2011. Residential flat buildings are not permissible in this zone.
	RESOLVED (Issa OAM, MP/Bide)
12869	(a) That Development Application No. DA/309/2011 for demolition, lot consolidation, tree removal and construction of a 2 storey residential flat building development containing 16 dwellings over a basement carpark on land at 582 - 588 Woodville Road, Guildford be approved subject to the recommended conditions as outlined in Attachment 1. (b) Further, that the objectors be advised of Council’s determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.3	SUBJECT 165 Clyde Street, South Granville Lot 1 DP 1055972 DESCRIPTION Section 96(2) modification to an approved 3 storey mixed use development containing ground floor retail space and 14 residential units above and basement level carparking. REFERENCE DA/230/2008/C - Submitted 18 August 2011 APPLICANT/S Alexsandar Design Group Pty Ltd OWNERS Joey Constructions Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This Section 96(2) application is referred to Council as the development application to which the modification relates was originally determined by Council.
	RESOLVED (Bide/Lack)
12870	(a) That Council as the consent authority and in accordance with Section 96(2) of the Environmental Planning & Assessment Act, 1979, grant its approval to modify Development consent No. DA/230/2008 for an approved 3 storey mixed use development. The modifications include: · An additional storey (level 4) comprising 5 additional apartments, 3 x 2 bedroom units and 2 x 3 bedroom units. · Provision of an accessible ramp within the ground floor retail tenancy. · Additional basement level and parking spaces. The proposal provides 61 spaces which is broken down into 37 residential (increase of 15 spaces) and 24 retail spaces (no change) over 2 levels of basement carparking. · Changes to the finished floor levels within the basement and residential component of the mixed use development; on land at 165 Clyde Street, South Granville. (b) That Council notify all objectors of Councils decision. (c) Further, that the conditions of DA/230/2008 not modified by this consent are to remain in force.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, P Esber, J D Finn, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES Councillors G J Elmore and P J Garrard.

8.4	SUBJECT 37 Midson Road (Former Eastwood Brickworks) Eastwood (LOT 10 DP 270605) (Lachlan Macquarie Ward) DESCRIPTION Stage 2.3 - Construction of 10 dwelling houses on proposed lots 14 to 23. REFERENCE DA/633/2011 - Lodged 15 September 2011 APPLICANT/S AVJBOS Eastwood Developments Pty Ltd OWNERS AVJBOS Eastwood Developments Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the application seeks variations of greater than 10% to Clause 38, Clause 39 and Clause 40 of Parramatta Local Environmental Plan 2001 and the application is accompanied by an objection under SEPP 1.
	RESOLVED (Esber/Bide)
12871	(a) That Council support the variation to Clause 38, Clause 39 and Clause 40 of PLEP 2001 under the provisions of SEPP 1. (b) Further, that Council as the consent authority grant development consent to Development Application No. DA/633/2011 for construction of ten dwellings on proposed lots 14-23 at 39A Midson Road (former Eastwood Brickworks) EASTWOOD for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra and M D McDermott. NOES Councillors P B Barber and A A Wilson.

8.5	SUBJECT 258 Railway Terrace, Guildford Lot 2 DP 848089 DESCRIPTION Construction of a three storey residential flat building containing 10 units over basement carparking under the Affordable Rental Housing SEPP 2009. REFERENCE DA/308/2011 - 12 May 2011 APPLICANT/S Railway Terrace Wholesale Pty Ltd OWNERS Railway Terrace Wholesale Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination due to the nature of the development (affordable rental housing under the Affordable Rental Housing SEPP).
	RESOLVED (Bide/Issa, OAM, MP)
12872	(a) That Development Application No. DA/308/2011 for the construction of a three storey residential flat building containing 10 units over basement carparking under the Affordable Rental Housing SEPP 2009 on land at 258 Railway Terrace, Guildford be approved subject to the conditions contained within Attachment 1. (b) Further, that the objectors be advised of Council’s determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.6	SUBJECT 20-22 Belmore Street, North Parramatta Lot 4 HCP 237 and Lot 11 DP 758788 DESCRIPTION Section 82A Review of Council's previous refusal of DA/203/2011 (demolition, tree removal and construction of 2 townhouses and 2 villas with strata subdivision). REFERENCE DA/203/2011 - 7 April 2011 APPLICANT/S JS Architects Pty Ltd OWNERS Mr L Hijazin and M Hijazin REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council as it is an application under Section 82A of the Environmental Planning and Assessment Act, 1979.
	RESOLVED (Esber/Issa OAM, MP)
12873	That Council overturn its determination and grant consent to Development Application DA/203/2011 for demolition, tree removal and construction of 2 townhouses and 2 villas with strata subdivision on land at 20-22 Belmore Street, North Parramatta subject to the conditions contained in Attachment 1 of this report.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, P K Maitra. NOES Councillors A Bide, J Chedid, S D Lloyd, M D McDermott and A A Wilson.

8.7	SUBJECT 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward) DESCRIPTION Occupation of level 1 of an approved building footprint as a food court containing 3 food/drink tenancies and a seating area. REFERENCE DA/376/2011 - Lodged 7 June 2011 APPLICANT/S Mr Franz Boensch OWNERS Mr Franz Boensch REPORT OF Manager Development Services. Also Creative Planning Solutions letter dated 9 December 2011. REASON FOR REFERRAL TO COUNCIL A previous report on this application was considered at the 12 September 2011 Council Meeting. Council resolved at its meeting to defer the matter and provide the applicant 30 days to lodge the requested information. Additional information was submitted to Council on 25 September 2011.
	RESOLVED (Bide/Esber)
12874	That Development Application 376/2011 for occupation of level 2 of an approved development as a food court containing 2 food and drink tenancies and an internal seating area on land at 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) be refused for the following reasons: 1 The proposed development will have unacceptable impacts on the surrounding area as it fails to provide on site car parking to meet the requirements of the development. 2 The proposed development is considered to be an overdevelopment of the site. 3 The application has failed to provide sufficient information to enable a proper assessment of the proposal, in particular how the development will manage the storage and disposal of solid and liquid wastes. 4 The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy, particularly evacuation and flood awareness issues. 5 The development that this application seeks approval for warrants the submission of a new development application for the entire building. 6 The proposed development is not in the public interest.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES Councillor A Issa, OAM, MP.

8.8	SUBJECT 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) (Elizabeth Macarthur Ward) DESCRIPTION Construction of additional floor within an approved building footprint and use of levels 2 & 3 for boarding house accommodation. REFERENCE DA/377/2011 - Lodged 7 June 2011 APPLICANT/S Mr Franz Boensch OWNERS Mr Franz Boensch REPORT OF Manager Development Services. Also Creative Planning Solutions Pty Ltd letter dated 10 December 2011. REASON FOR REFERRAL TO COUNCIL A previous report on this application was considered at the 12 September 2011 Council Meeting. Council resolved at its meeting to defer the matter and provide the applicant 30 days to lodge the requested information. Additional information was submitted to Council on 25 September 2011.
	RESOLVED (Bide/Esber)
12875	(a) That Development Application 377/2011 for alterations and additions to an approved building and use as a boarding house on land at 255 Victoria Road, Rydalmere (Lots 37 & 38 DP 14244) be refused for the following reasons: 1 The proposed development is contrary to the aims and objectives of Parramatta Local Environmental Plan 2011 as the boarding house is prohibited development under the zoning of the land. 2 The proposed development is considered to be an overdevelopment of the site. 3 The proposed development will have unacceptable impacts on the surrounding area as it fails to provide on site car parking to meet the requirements of the development. 4 The proposed development will have unacceptable amenity impacts for future residents as the development fails to provide an area of communal open space. 5 The application has failed to provide sufficient information to enable a proper assessment to be made against the requirements of Council’s Local Floodplain Risk Management Policy. 6 The application has failed to provide sufficient information to enable a proper assessment of the site’s suitability for residential development with respect to land contamination having regard to Clause 7 of State Environmental Planning Policy No. 55 – Remediation of Land and Clause 86 of Sydney Regional Environmental Plan No. 28 – Parramatta 7 The application has failed to provide sufficient information to enable a proper assessment of how the storage and collection of waste/recycling materials arising from the boarding house will be managed. 8 The site is not suitable for the proposed residential development as it is situated within 200 metres distance of an approved and operating sex services premises. 9 The development that this application seeks approval for warrants the submission of a new development application for the entire building. 10 The proposed development is not in the public interest. (b) Further, that objectors be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES Councillor A Issa, OAM, MP.

8.9	SUBJECT 44 Elizabeth Street, Granville Lot 5 Sec 2 DP 277 DESCRIPTION Demolition and construction of a 19 room boarding house development comprising 2 x 2 storey buildings. REFERENCE DA/1039/2010 - APPLICANT/S Daniel Hobeiche OWNERS Sarkis Nicolas Hobeiche REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council as it proposes a boarding house.
	MOTION (Esber/Maitra)
	(a) That Council as the consent authority grant development consent to Development Application No. 1039/2010 for the demolition and construction of a 2 storey boarding house comprising 2 separate buildings with a total of 19 rooms on land at 44 Elizabeth Street, Granville subject to the conditions contained within Attachment 1 subject to an additional condition requiring a plan of management for the site. (b) Further, that the persons who lodged an individual submission and head petitioner be advised of Council’s determination of the application.
	FORESHADOWED MOTION (Garrard/Elmore) That the application be refused for the following reasons:- 1. The proposal fails to meet the required 40% landscaped area or 30% soft soil zone as required under Parramatta DCP 2005. 2. The bulk and scale of the development is unacceptable. 3. The proposal is not consistent with the surrounding streetscape. 4. The proposal is not consistent with the desired future character of the area. 5. The proposed on site detention has unacceptable impacts on neighbouring trees.
12876	The motion was put and carried.
	DIVISION The result being: AYES Councillor P B Barber, A Bide, J Chedid, P Esber, J D Finn, A Issa, OAM, MP, M Lack and P K Maitra. NOES The Lord Mayor, Councillor L E Wearne and Councillors G J Elmore, P J Garrard, S D Lloyd, M D McDermott and A A Wilson.

8.10	SUBJECT 45 George Street, CLYDE NSW 2142 LOT 19 D P 612994 (Elizabeth Macarthur Ward) DESCRIPTION Section 96(AA) application to modify a Development Consent issued by the Land and Environment Court (alterations to existing premises for use as a brothel and associated outcall/escort services). The modification includes the rewording of condition 2 which refers to a trial period for the use. REFERENCE DA/484/2009/A - 12 August 2011 APPLICANT/S Top One Pty Ltd OWNERS Smartspace Consultants Pty Limited REPORT OF Manager Development Services. Also Development Assessment Officer Memorandum dated 12 December 2011. REASON FOR REFERRAL TO COUNCIL The Section 96 application has been referred to Council for determination as the application seeks to modify a Development Consent relating to a brothel and the consent was issued by the Land and Environment court.
	RESOLVED (Bide/Wilson)
12877	(a) That Council as the consent authority, modify development consent No. DA/484/2009 in the manner outlined in attachment 1. (b) Further, that the original objectors be notified of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra and A A Wilson. NOES Councillors J Chedid and M D McDermott.

8.11	SUBJECT 223 Woodville Road, Merrylands (Woodville Ward) (Lot 96 DP 926) DESCRIPTION Construction of a mechanical workshop/tyre repair shop at the rear of the site to be used in conjunction with the existing motor showroom. REFERENCE DA/586/2011 - 24 August 2011 APPLICANT/S Mr J Tannous OWNERS CAD Nominess Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The proposal is referred to Council as a “Vehicle Repair Station” is a prohibited land use in the R2 Low Density Residential Zone of Parramatta Local Environmental Plan 2011.
	RESOLVED (Esber/Bide)
12878	That Council as the consent authority grant development consent to Development Application No. 586/2011 for the construction of a single storey vehicle repair station to be used in conjunction with an existing motor showroom at 223 Woodville Road, Merrylands, subject to conditions as outlined 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, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.12	SUBJECT 6 Third Avenue, Epping NSW 2121 (Lot 58 Sec 3 DP 10048( (Lachlan Macquarie Ward)) DESCRIPTION Demolition, tree removal and construction of a two storey attached dual occupancy development with Torrens title subdivision REFERENCE DA/532/2011 - 3 August 2011 APPLICANT/S Champion Homes OWNERS Mr S Wijayakumar and Mrs T Wijayakumar REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application relates to land which is partly owned by an employee of council and an independent planning consultant has assessed the application.
	RESOLVED (Bide/Lack)
12879	(a) That Council as the consent authority grant Deferred Commencement consent to Development Application No. DA/532/2011 for demolition, tree removal and construction of a two storey attached dual occupancy development with Torrens title subdivision at 6 Third Avenue, Epping subject to the conditions in Attachment 1. (b) Further, that the persons who lodged a submission be advised of Council’s determination of the application.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.13

SUBJECT Variations to Standards under SEPP 1

REFERENCE F2009/00431 - D02177111

REPORT OF Manager Development Services

RESOLVED (Barber/Elmore)

12880

That the report be received and noted.

8.14

SUBJECT 63 Victoria Road, Parramatta
(Lot 1 DP 997613) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal, retention of the existing heritage listed building and construction of a 2 storey infill affordable housing development under SEPP (Affordable Rental Housing) 2009 over basement car parking with strata subdivision into 15 lots.

REFERENCE DA/40/2011 - 1 February 2011

APPLICANT/S Benjamin Barrak

OWNERS Barrak Corporation Pty Ltd

REPORT OF Manager Development Services. Also Senior Development Assessment Officer Memorandum dated 9 December 2011.

REASON FOR REFERRAL TO COUNCIL

This application is referred to Council for determination as the proposal is for infill housing under the SEPP (Affordable Rental Housing) 2009.

RESOLVED (Esber/Chedid)

12881

That the application be approved subject to the conditions contained within Schedule 2 of the recommendation section of Attachment 1 with the following modifications to the conditions:

Condition 1 to be modified as follows:

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

Drawing N⁰	Dated
Site Analysis Project No. 2009-22 Drawing DA01 – Issue E	6 Oct 2011
Site Plan/Basement Floor Project No. 2009-22 Drawing DA02 – Issue F	8 Nov 2011
Ground Floor Plan Project No. 2009-22 Drawing DA03 – Issue G	7 Dec 2011
First Floor Plan Project No. 2009-22 Drawing DA04 – Issue E	6 Oct 2011
Elevations/Sections Project No. 2009-22 Drawing DA05 – Issue E	6 Oct 2011
Ramp Detail Project No. 2009-22 Drawing DA06 – Issue E	6 Oct 2011
Erosion/Sediment Control Plan Project No. 2009-22 Drawing DA09 – Issue A	Dec 2010
Site Landscape Outline – Drawing No. 2282-1 – Issue 1A	30 Nov 2011
Drainage Plans – File No. 2010130 Drawing Nos. 2010130SW1 – Issue C, 2010130SW2 – Issue C and 2010130SW3 – Issue C,	8 Sept 2011

Document(s)	Dated
BASIX Certificate No. 336068M_02	24 Nov 2011
Acoustic Report – Reference 112504 prepared by Far West Consulting Engineers	26 Sept 2011
Aboricultural Assessment & Technical Specifications prepared by Horticultural Management Services	7 Dec 2011
Waste Management Plan	Undated

Note 2: In the event of any inconsistency between the architectural plan(s) and the landscape plan(s) and/or stormwater disposal plan(s) (if applicable), the architectural plan(s) shall prevail to the extent of the inconsistency.

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

Condition 6 to be amended to read as follows:

6. Trees to be removed are:

Tree No	Name	Common Name	Location
1x	Eucalyptus saligna	Sydney Blue Gum	South western corner of the property
1x	Celtis australis	Hackberry	South western corner of the property

Reason: To confirm the trees to be removed.

Replacement of Condition 7 with the following (original recommended in error):

7. All roof water and surface water is to be connected to an approved drainage system complying with Council’s specifications and policy requirements. In this regard, the applicant shall comply with the following:

Prior to the issue of Construction Certificate, an amended drainage plan shall be prepared by a practicing qualified drainage engineer, showing the connection of the site stormwater discharge pipe into the existing stormwater system in Victoria Road, with section detail and longitudinal section for the existing and proposed pipeline and pits in the street with relative surface/invert levels and grades.

This amended drainage plan shall be submitted to the satisfaction and approval of Council’s Civil Infrastructure Unit prior to the issue of a Construction Certificate; in relation to the stormwater drainage pipe and associated works in the street.

The stormwater design is to consider the following matters:

· The stormwater system within the site shall comply in general with the stormwater concept plans Issue C prepared by TAAB Consulting P/L dated 8/09/2011.

· The drainage engineer shall ensure that there shall not be a conflict between the approved architectural plans and the concept drainage plans in particular to the final surface levels above the on-site detention tank.

· The site stormwater discharge pipe shall not connect against the flow in the exiting stormwater system.

· The design is to demonstrate on plan the detail of the grated pit type in the road.

Note: Any civil construction works in the road requires the Road and Traffic Authority (RTA) approval prior to any excavation or construction.

Reason: To ensure satisfactory stormwater disposal.

Re-number the following Condition 7 to Condition 7(a) to correct an error in numbering:

7(a). If no retaining walls are marked on the approved plans no approval is granted as part of this approval for the construction of any retaining wall that is greater than 600 mm in height or within 900 mm of any property boundary.

Reason: To minimise impact on adjoining properties.

Conditions 84(a) and 84(b) being added to read as follows:

84(a). The trees identified on the endorsed plans as being retained shall be protected prior to and throughout the demolition/construction process in accordance with the Tree Management Plan contained within the arborist report prepared by Horticultural Management Services dated 7 December, 2011 and the relevant conditions of this consent.

Reason: To ensure the protection of the tree(s) to be retained on the site.

84(b). All excavation within 3m from the trees located within the Bill Thompson Reserve is to be supervised by an AQF Level 3 arborist, who is to undertake remedial work, if necessary.

Reason: To provided adequate protection of trees

DIVISION The result being:

AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

NOES None.

Note

Councillor A Wilson had previously declared a non pecuniary interest in this matter as he has known the applicant for a number of years.

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

8.15	SUBJECT Re-exhibition of the Planning Proposal regarding rezoning/reclassification of 25 Council owned sites REFERENCE F2009/02710 - D02184644 REPORT OF Project Officer-Land Use. Also Group Manager Outcomes and Development Memorandum dated 12 December 2011.
	RESOLVED (McDermott/Chedid)
12882	(a) That Council adopt this report, its attachments, addendum and the submissions in accordance with section 57 and 58 of the Environmental Planning and Assessment Act. (b) That Council note the memorandum dated 12 December 2011 regarding the Public Hearing report presented as an addendum to this report. (c) That Council adopt the additional information which was publicly exhibited and shown in Attachments 2, 3 and 4 and forward with the previously adopted Planning Proposal to the NSW Department of Planning and Infrastructure for finalisation and notification. (d) Further, that authors of submissions be advised of Council’s decision.
	DIVISION The result being: AYES The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra, M D McDermott and A A Wilson. NOES None.

8.16

SUBJECT Creation of Easement to Drain Water over Lot 1 in Deposited Plan 432573, Fred Spurway Park, Carlingford

REFERENCE DA/690/2010 - D02180867

REPORT OF Manager - Strategic Assets and Property Management

RESOLVED (Esber/Bide)

12883

(a) That Council resolve to create an Easement to Drain Water over Fred Spurway Park (Lot 1DP 432573) in favour of the property situated at 32 Mobbs Lane, Carlingford (Lot 1 DP 39354) on the terms as stated in the report.

(b) Further, that the Lord Mayor and Chief Executive Officer be authorised to execute all relevant documentation under seal, including the linen plan, Section 88B instrument, transfer granting easement and deed of agreement if required for creation of the Easement to Drain Water.

Environment and Infrastructure

9.1	SUBJECT Trial of Free Harris Park Bus Service REFERENCE F2011/02489 - D02172236 REPORT OF Group Manager City Services
	MOTION (Chedid/Wilson)
	(a) That Council continue the free Harris Park Hop Service for a further 3 months in conjunction with a marketing plan with the Harris Park business community. (b) That Council makes representation to the State Government seeking an enhancement of the off-peak public transport services between Harris Park and Parramatta CBD; (c) Further, that Council receives a report on opportunities to work in partnership with local businesses to further promote the Harris Park precinct.
	AMENDMENT (Lack/Elmore)
	(a) That Council discontinues the trial of the Harris Park Hop Service; (b) That Council makes representation to the State Government seeking an enhancement of the off-peak public transport services between Harris Park and Parramatta CBD; (c) Further, that Council receive a report on opportunities to work in partnership with local businesses to further promote the Harris Park precinct.
	The amendment was put and lost on Lord Mayor’s casting vote.
12884	The motion was put and carried on the Lord Mayor’s casting vote.

9.2

SUBJECT Traffic Engineering Advisory Group meeting held on 24 November 2011

REFERENCE F2010/03204 - D02182380

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Barber/Esber)

12885

That the minutes of the Traffic Engineering Advisory Group meeting held on 24 November 2011 be adopted.

9.3

SUBJECT Parramatta Traffic Committee Minutes of meeting held on 24 November 2011

REFERENCE F2010/03205 - D02182408

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Barber/Esber)

12886

That the minutes of the Parramatta Traffic Committee meeting held on 24 November 2011 be adopted.

9.4	SUBJECT Clyde Street, South Granville – Request for a Pedestrian Crossing REFERENCE F2010/03204 - D02184355 REPORT OF Traffic & Transport Support Officer. Traffic and Transport
	MOTION (Esber/Barber)
	That traffic and pedestrian counts in Clyde Street, South Granville, between Boronia Street and Byrnes Street be carried out in February 2012 after the return of school.
	AMENDMENT (Garrard/Bide)
	That consideration of this matter be deferred pending a further report utilising the figures of the previous count held last October.
	FORESHADOWED AMENDMENT (Issa OAM, MP/Wilson)
	That Council install a pedestrian crossing in Clyde Street, South Granville, between Boronia Street and Byrnes Street.
	The Lord Mayor ruled the foreshadowed amendment out of order.
12887	The amendment was put and carried and on being put as the motion was again carried.

9.5	SUBJECT Parramatta Free Shuttle Bus Service REFERENCE F2004/08730 - D02184946 REPORT OF Group Manager City Services
	RESOLVED (Maitra/Esber)
12888	(a) That Council note the successful ongoing operation of the Parramatta Free Shuttle Bus Service. (b) That Council authorises the Chief Executive Officer to commence negotiations to secure the long-term financial support of the NSW State Government for the provision of the Parramatta Free Shuttle Bus Service on the terms outlined in this report, with the preferred option being 3, and if unsuccessful, option 2. (c) That Council Officers submit a further report regarding the possible extension of the shuttle service to the university campus at Rydalmere. (d) Further, that Council consider a further report on the outcome of these negotiations prior to the finalisation of any agreements.

9.6	SUBJECT Barry Wilde Bridge Fountain REFERENCE F2010/02284 - D02185324 REPORT OF Senior Project Officer – Environmental Outcomes
	MOTION (Bide/Chedid)
	(a) That Council proceeds to build the Barry Wilde Bridge Fountain as previously agreed in the 7^th November 2011 Council meeting. (b) That a full Expression of Interest process for contractors to investigate methods of enhancing the Bridge Fountain with additional lights and water animation be undertaken simultaneously with construction of the Bridge Fountain. (c) That the results of the EOI be reported to Council for its consideration. (d) Further, that the responses be reported back to Council.
	AMENDMENT (Finn/Barber)
	(a) That Council proceeds to build the Barry Wilde Bridge Fountain as previously agreed in the 7^th November 2011 Council meeting. (b) That State and Federal funding be sought for the enhancements including moving jets of water, the screen of water and laser and image display equipment. (c) That the responses be reported back to Council.
	The amendment was put and lost.
12889	The motion was put and carried.

Community and Neighbourhood

10.1

SUBJECT Draft Lake Parramatta Reserve Plan of Management

REFERENCE F2007/01973 - D02129723

REPORT OF Open Space & Natural Area Planner. Also correspondence from Alan David dated 9 December 2011, Sam Russell dated 9 December 2011 and Chris Curtis dated 9 December 2011. Also Service Manager Open Space and Natural Resources Memorandum dated 12 December 2011.

RESOLVED (Finn/Lack)

12890

(a) That Council endorse the draft Lake Parramatta Reserve Plan of Management as amended.

(b) That an additional ‘Environmental Protection’ purpose be assigned to Lake Parramatta Reserve under the Crown Lands Act 1989.

(c) That Council restrict non-motorised bikes within Lake Parramatta Reserve to the main visitor precinct and to the existing eastern fire trail.

(d) That the endorsed draft Lake Parramatta Reserve Plan of Management be forwarded to the Minister for Primary Industries for adoption under the Crown Lands Act 1989.

(e) Further, that the respondents who provided submissions during the public exhibition period be advised of Council’s decision and thanked for their efforts in providing valuable input into the development of the Plan.

10.2

SUBJECT Adoption of Parramatta Street Tree Plan

REFERENCE F2011/00837 - D02104501

REPORT OF Open Space & Natural Area Planner

RESOLVED (Lack/Barber)

12891

(a) That Council adopt the Parramatta Street Tree Plan.

(b) That copies of the adopted Parramatta Street Tree Plan be issued to all Council Libraries and placed on Council’s website.

(c) Further, that the respondents who provided submissions during the public exhibition period be advised of Council’s decision and thanked for their interest, comments and valuable input into the development of the Plan.

10.3	SUBJECT Smoking in Outdoor Dining Areas REFERENCE F2011/00112 - D02153349 REPORT OF Manager - Social Outcomes
	MOTION (Lloyd/McDermott)
	(a) That Council adopt the updated Smoking In Public Places Policy November 2011, to implement a ban of smoking in outdoor dining areas on Council owned land through-out the LGA and in bus and taxi stands, as well as the other areas already adopted as smoke free (children’s playgrounds, aquatic centres, sports fields and facilities) (Attachment 1). (b) That Council actively support businesses and the community to adjust to and implement the ban by: a. Ensuring a long 6 month lead time for implementation of the ban (to commence on 1^st May 2012). b Developing a thorough implementation support program that includes: i A Communications Plan, including community education strategies, ii Provision of resources for businesses, iii Financial incentives for businesses who implement the ban before the 1^st May 2012, and iv Monitoring processes. (c) That Council write to the State Government to lobby for introduction of legislation that uniformly prohibits smoking: a Within 10 metres of children’s playgrounds b Within 10 metres of sporting fields c In public swimming pools and d In outdoor dining areas on public land. e In bus and taxi stands. (d) Further, that the proposed 3 month lease holiday, as indicated in paragraph 8.3, be extended to 6 months for those businesses that implement the ban by 1 May 2012.
	AMENDMENT (Finn/Maitra)
	(a) That Council adopts the updated Smoking In Public Places Policy November 2011, to implement a ban of smoking in outdoor dining areas on Council owned land through-out the LGA and in bus and taxi stands, as well as the other areas already adopted as smoke free (children’s playgrounds, aquatic centres, sports fields and facilities) (Attachment 1). (b) That Council actively support businesses and the community to adjust to and implement the ban by: a Ensuring a long 6 month lead time for implementation of the ban (to commence on 1^st May 2012) b Developing a thorough implementation support program that includes: i A Communications Plan, including community education strategies, ii Provision of resources for businesses, iii Financial incentives for businesses who implement the ban before the 1^st May 2012, and iv Monitoring processes. (c) That Council write to the State Government to lobby for introduction of legislation that uniformly prohibits smoking: a Within 10 metres of children’s playgrounds b Within 10 metres of sporting fields c In public swimming pools and d In outdoor dining areas on public land. e In bus and taxi stands. (d) Further, that the proposed 3 month lease holiday, as indicated in paragraph 8.3, be extended to 6 months for those businesses that implement the ban by 1 February 2012.
	The amendment was put and lost.
12892	The motion was put and carried.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 9.04 pm for a period of 14 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.18 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors P B Barber, A Bide, J Chedid G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

Governance and Corporate

11.1

SUBJECT Delegation of Authority to the Lord Mayor and Chief Executive Officer During the Christmas/New Year Period

REFERENCE F2004/08629 - D01835525

REPORT OF Team Leader Council Support

RESOLVED (Esber/Maitra)

12893

That the Lord Mayor, Councillor L E Wearne and the Chief Executive Officer be delegated joint authority under Section 377 of the Local Government Act, 1993, for the period Tuesday, 13 December 2011, until Friday, 10 February 2012, 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, a referral, signed by 3 Councillors (in line with the requirements for the lodgement of a notice of rescission), be permitted to refer such item to a full Council Meeting for consideration.

3 The Minutes for all of the business dealt with under delegation over this period being submitted to the first available Council Meeting of the New Year.

11.2	SUBJECT Adoption of Changes to Council's Ward Boundaries for Exhibition REFERENCE F2005/02508 - D01958660 REPORT OF Group Manager- Corporate. Also Group Manager Corporate Services Memorandum dated 12 December 2011.
	RESOLVED (Bide/Chedid)
12894	(a) That plans of the following changes to Council’s Ward Boundaries (as identified in Attachment 1 to Group Manager Corporate Services Memorandum dated 12 December 2011) be placed on public exhibition for 28 days in the Parramatta City (Central) Library, branch libraries, Council’s Customer Service Centre and website from 6 January 2011 and such exhibition be supported by appropriate advertisements in the local papers:- 1 Five (5) CCDs (1332807, 1330404, 1330403, 1330410 and 1330405 be transferred from Arthur Phillip Ward into Caroline Chisholm Ward (transferring 2311 electors). 2 CCD number 1330711 be transferred from Elizabeth Macarthur Ward to Arthur Phillip Ward (transferring 330 electors). 3 Three (3) CCDs (1331410, 1331412, 1331407) be transferred from Elizabeth Macarthur Ward into Woodville Ward (transferring 936 electors). (b) That submissions in relation to the proposed changes to Council’s Ward Boundaries be accepted for 42 days from the date of the initial exhibition date. (c) That a report be brought back to Council addressing public submissions and including a recommendation for adoption. (d) Further, that it be noted that correspondence has been sent to the Electoral Commissioner seeking an extension of the period permitted for final ward boundary changes until 28 February 2012.
	NOTE: 1. Councillor A Issa, OAM, MP returned to the meeting at 9.21 pm during consideration of this matter. 2. A notice of motion to rescind this decision was submitted immediately after the termination of the meeting.

11.3

SUBJECT Investments Report for October 2011

REFERENCE F2009/00971 - D02171826

REPORT OF Manager Finance

RESOLVED (Chedid/Barber)

12895

That Council receive and note the Investments Report for October 2011.

11.4	SUBJECT Report of the Code of Conduct Sole Reviewer - Allegations of a Failure to Appropriately Manage a Conflict of Interests REFERENCE F2011/02757 - D02182450 REPORT OF Coordinator Investigations and Probity
	MOTION (Lack/Esber)
	(a) That Council receive and note the report from the sole reviewer contained in Attachment 1. (b) Further, that Council, having considered the findings of the sole reviewer as contained in Attachment 1 determines that the Code of Conduct has been breached and that the Councillor concerned be counselled.
	AMENDMENT (Wilson/Lloyd)
	That Council take no further action in this matter.

12896	The amendment was put and carried and on being put as the motion was again carried.
	NOTE: The Deputy Lord Mayor, Councillor A A Wilson, assumed the Chair during consideration of this matter to enable the Lord Mayor, Councillor L E Wearne to participate in debate on this issue.

11.5	SUBJECT Report of the Code of Conduct Sole Reviewer - Allegation that a Councillor made inappropriate comments at a Council Meeting REFERENCE F2010/03056 - D02182620 REPORT OF Coordinator Investigations and Probity. Also correspondence from Integrity Risk Solutions dated 12 December 2011.
	RESOLVED (Esber/Chedid)
12897	That no further action be taken.
	NOTE: Councillor P B Barber retired from the meeting at 9.46 pm following consideration of this matter.

11.6

SUBJECT Delegations to the Chief Executive Officer - Conduct Reviewers

REFERENCE F2010/02035

REPORT OF Coordinator Investigations and Probity

RESOLVED (Esber/Finn)

12898

That the advertising process be commenced immediately to call for expressions of interest for further investigators to be added to Council’s current panel in accordance with the normal terms for the calling of investigators.

CLOSED SESSION

12899

RESOLVED (Esber/Wilson)

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

1 Tender No. 16/2011 - Supply, Implementation and Support of a Library Management System. (D02155457) - 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.

2 Tender 20/2011 16 Buckleys Road, Winston Hills – Stormwater Drainage Works. (D02170522) - 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 22/2011 Loftus Street Bend, Merrylands – Pavement Adjustment, Landscaping and Traffic Management Improvements. (D02171313) - 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 24/2011 Epping Town Centre Upgrade – Stage 1 – Corner of Beecroft Road, Bridge and High Streets Epping - Footpath Pavement Upgrade. (D02174830) - 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 Riverside Advisory Board. (D02183147) - 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 for the Provision of Local Advertising Services (Tender No. 26/2011). (D02177474) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

RESUMPTION OF MEETING

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

12.1

SUBJECT Tender No. 16/2011 - Supply, Implementation and Support of a Library Management System

REFERENCE F2011/01830 - D02155457

REPORT OF Group Manager - Corporate

RESOLVED (Wilson/Esber)

12900

(a) That the tender submitted by SirsiDynix Party Pty Ltd for the supply, implementation and support of a Library Management System for the sum detailed in this report be accepted.

(b) 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.

12.2

SUBJECT Tender 20/2011 - 16 Buckleys Road, Winston Hills – Stormwater Drainage Works

REFERENCE F2011/02335 - D02170522

REPORT OF Service Manager. Capital Projects

RESOLVED (Wilson/Esber)

12901

(a) That the tender submitted by TE Peck Excavations Pty Ltd for the construction of stormwater drainage works at 16 Buckleys Road, Winston Hills for the sum of $259,460.00 (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.

12.3

SUBJECT Tender 22/2011 Loftus Street Bend, Merrylands – Pavement Adjustment, Landscaping and Traffic Management Improvements

REFERENCE F2011/03074 - D02171313

REPORT OF Supervisor - Project Management

RESOLVED (Wilson/Esber)

12902

(a) That the Tender submitted by Avoca Constructions (NSW) Pty Ltd to undertake Pavement Adjustment, Landscaping and Traffic Management Improvements at Loftus Street, Merrylands for the sum of $269,486.00 (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.

12.4

SUBJECT Tender 24/2011 Epping Town Centre Upgrade – Stage 1 – Corner of Beecroft Road, Bridge and High Streets Epping - Footpath Pavement Upgrade

REFERENCE F2011/03230 - D02174830

REPORT OF Supervisor - Project Management

RESOLVED (Wilson/Esber)

12903

(a) That the tender submitted by Citywide Civil Engineering NSW Pty Ltd for the footpath pavement upgrade of the Epping Town Centre for the sum of $237,694.04 (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.

12.5

SUBJECT Riverside Advisory Board

REFERENCE F2007/00388 - D02183147

REPORT OF Director Riverside Theatre

RESOLVED (Bide/Chedid)

12904

(a) That the following persons be reappointed members of the Riverside Theatres Advisory Board for a third, two year term, commencing 1 January 2012:

i. Ms Julianne May (Community)

ii. Ms Jane Witter (Community)

(b) That the following person be reappointed a member of the Riverside Theatres Advisory Board for a second, two year term, commencing 1 January 2012:

i. Mr Owen Eckford (Management, Financial, Legal and Marketing)

(c) That the following persons be appointed members of the Riverside Theatres Advisory Board for a first, two year term, commencing 1 January 2012:

i. Mr Richard Evans (Management, Financial, Legal and Marketing)

ii. Ms Virginia Judge (Performing or General Arts)

iii. Mr Luke Mackey (Management, Financial, Legal and Marketing)

iv. Ms Keiasha Naidoo (Community)

v. Mr Christopher Tooher (Performing or General Arts)

vi. Mishline Jammal

vii. Amanda Rose

(d) That the above persons cited in (a), (b) and (c) be advised of their appointment;

(e) That retiring and past members of the Fourth Riverside Advisory Board, being Mr Jeremy Wright, who will complete his third and final two year term, Mr Justin Ankus, who has not sought reappointment, and Mr John Cox , Mr David Low and Mr Peter Stewart who resigned during the term of their appointment, be thanked in writing;

(f) Further, that those persons that submitted Expressions of Interest for the Fifth Riverside Advisory Board, and are not offered an appointment, be informed and thanked for their interest.

12.6

SUBJECT Tender for the Provision of Local Advertising Services (Tender No. 26/2011)

REFERENCE F2011/03461 - D02177474

REPORT OF Service Manager Communications & Marketing

RESOLVED (Esber/Maitra)

12905

(a) That the tender submitted by News Local (formerly Cumberland and Courier Newspapers) for the provision of local advertising services be accepted for calendar years 2012-13 with the following conditions:

1 The ad will be distributed to the entire Parramatta local government area by publishing in the Parramatta Advertiser and Northern District Times.

2 Appropriate distribution checks will be carried out to ensure delivery to the entire local government area, with suitable problem resolution procedures in place.

3 The advertisement will appear in full colour on pages 20-21 every week.

4 4M (quarter page) space will be provided in the Parramatta Advertiser free of charge and in the Northern District Times free of charge when it is part of a full page advertisement.

5 News Local will continue to provide fair and balanced reporting of Council activities.
(b) That the unsuccessful tenderer be advised of Council’s decision.

(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.

FURTHER ITEM

SUBJECT Merry Christmas and Happy New Year

REFERENCE F2008/04592

FROM Councillor Paul Garrard

RESOLVED (Garrard/Chedid)

12906

That all staff be wished a Merry Christmas and a safe and Happy New Year.

The meeting terminated at 10.36pm.

RESCISSION MOTION

The Lord Mayor, Councillor L E Wearne advised that a Notice of Motion, signed by Councillors J D Finn, P K Maitra and P Esber, to rescind the following item had been received immediately following the termination of the meeting:-

1 Item 11.2 of Governance and Corporate regarding Adoption of Changes to Council's Ward Boundaries for Exhibition (Minute No 12894 refers).

THIS PAGE AND THE PRECEDING 35 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 12 DECEMBER 2011 AND CONFIRMED ON MONDAY, 13 FEBRUARY 2012.

Lord Mayor