Minutes of Council - 27 February 2012

MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 27 February 2012 AT 6.47 pm

PRESENT

The Lord Mayor, Councillor L E Wearne, in the Chair and Councillors P B Barber (retired 9.53 pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, C X Lim (arrived 7.04 pm), S D Lloyd, P K Maitra and M D McDermott.

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.

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.

SUBJECT Minutes of the Council (Development) Meeting held on 13 February 2012

RESOLVED (Esber/Maitra)

12939

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

APOLOGIES

RESOLVED (Esber/Maitra)

12940

That an apology be received and accepted for the absence of Councillor M A Lack and it be noted that Councillors A Issa, OAM, MP, C X Lim and A A Wilson would arrive later in the meeting.

Note

Councillors A Issa OAM MP and A A Wilson did not subsequently attend the meeting.

DECLARATIONS OF INTEREST

1 Councillor M D McDermott declared a non pecuniary interest in relation to Item 10.2 of Community & Neighbourhood regarding Carlingford-Dundas Lions Memorial Garden Naming Proposal as Councillor McDermott is a member of Carlingford-Dundas Lions Club but noted that the interest was minor and advised he would not be leaving the meeting during discussion and voting on this item.

2 Councillor J D Finn declared an interest in relation to Item 8.5 of Economy & Development regarding 58 O'Connell Street - Parramatta and Item 10.3 regarding Housing NSW Strategic Partnership Minutes as Councillor Finn is an employee of Housing NSW.

CONGRATULATIONS TO COUNCILLOR SCOTT LLOYD

12941 RESOLVED (Garrard/Chedid)

That the Chamber extend its congratulations to Councillor S D Lloyd and his wife Kirsty on the recent birth of their second daughter.

LORD MAYORAL MINUTE

A Confidential Lord Mayoral Minute has been listed for consideration in Closed Session under Item no. 13.4 in relation to a property settlement issue.

PUBLIC FORUM

SUBJECT Rangihou Bicentennial Celebration 2014

REFERENCE F2011/03474

FROM Jennifer Holt Alexander

12942

Note

The registered Public Forum participant attended the meeting accompanied by two (2) gentlemen who proceeded to make statements to the Chamber that were not in keeping with the submitted application topic.

The Lord Mayor requested that the speakers remain on topic and in accordance with the submitted Public Forum application otherwise the meeting would be adjourned.

The speakers continued to speak off topic and accordingly, the Lord Mayor adjourned the meeting.

ADJOURNMENT OF MEETING

The Lord Mayor adjourned the meeting to enable the Chief Executive Officer to hold discussions with the Public Forum participants.

The meeting adjourned at 6.55 pm.

Note: Following discussions with the CEO, the Public Forum No. 1 participants departed the meeting.

RESUMPTION OF MEETING

The meeting resumed at 7.03 pm, there being in attendance The Lord Mayor, Councillor L E Wearne, in the Chair and Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, S D Lloyd, P K Maitra and M D McDermott.

SUBJECT Vision for Auto Alley

REFERENCE F2011/02749

FROM Vince Berkhout as submitted.

12943

· Name of Presenter: Vince Berkhout

· This submission relates to the Heartland Holden site on Church Street, Parramatta which is being discussed at Council’s meeting of 27 Feb 2011 (refer Agenda Item 8.1 – Vision for Auto Alley).

· Heartland is a family-owned Company that has been involved with selling and servicing cars in Auto Alley for over 50 years. Over that time we employed a lot of people.

· The site is similar in size to Civic Place.

· Heartland Holden has left the site and as a result 2 of our sites are now vacant.

· We are under pressure to put fast foods or bulky goods on this site to receive a return. But this is not in the best interests of Parramatta or consistent with the Government’s urban renewal objectives for Auto Alley.

· We have lodged a rezoning/planning proposal to come before the Council shortly. As part of this Planning Proposal we have undertaken a wide range of technical studies at the request of Council and the Department of Planning & Infrastructure (DP&I).

· We have also had extensive consultation with Council, Sydney Metropolitan Development Authority, Roads & Maritime Services and DP&I.

· We have serious concerns about the Urban Design Vision that is before Council for endorsement.

· It is commercially infeasible, and more importantly it contains elements that have never been discussed with us as landowners - including a park that occupies around 1/3rd of our land, and a 4 lane road.

· Further Heartland cannot build a new state of the art car showroom as no mixed use development is allowed on Church St and a new commercial building is not feasible.

· We are concerned that the proposed direction will be seriously detrimental for our land and not good for Parramatta. It would be premature for Council to endorse this Vision without first consulting affected landowners.

· We seek Council’s deferment of consideration of the Vision for Auto Alley to allow for further detailed consultation with affected landowners.

NOTE: Councillor C X Lim arrived at the meeting at 7.04 pm during consideration of this matter.

SUBJECT Development Application - 58 O'Connell Street, Parramatta

REFERENCE DA/174/2011/A

FROM Adam Byrnes

“Our proposal is to keep people in their affordable rental housing in place, by entering into a covenant for 5 years. We believe keeping the housing available today is a better social outcome than sending $95,000 to the State Government.

Could Council please explain why the officers of Council suggest that this method of protecting affordable rental housing is contrary to the relevant SEPP and the Act? I note that 94F(5) of the Act gives Parramatta Council the opportunity of implementing methods of retention of affordable housing, other than requiring monetary contributions.

Discussions with the Department of Planning confirm that the proposal is acceptable and permissible in accordance with the Act and SEPP.

Could Council please clarify that the application does not contravene 94(G)(3)(b) of the Act, as this relates only once money is collected.

Could Council officers please confirm that in accordance with the Environmental Planning and Assessment Act that opportunity does exist for Council to seek the in place retention of affordable rental housing through the imposition of a covenant, and in turn that there is no compulsion for Parramatta Council to impose a condition to only collect a monetary contribution?

We propose a better social outcome and would seek your consent to locking in affordable rental housing in place at Parramatta through a covenant arrangement; rather than collect money and send it away for an unknown outcome.”

12944

RESPONSE

By Ms Louise Kerr – Manager Development Services:-

Questions 1 and 3:- The loss of affordable rental housing arising from the strata subdivision of the existing residential flat building was established in the assessment of the original DA. Council in its determination of the DA imposed condition 13 that requires the payment of a monetary contribution of $95,760 to mitigate the loss of low rental bedrooms arising from the strata subdivision of the building.

The condition was imposed pursuant to section 94F of the EP&A Act (conditions requiring land or contributions for affordable housing) and more specifically section 94F(2) which states the following:

‘94F(2) Subject to subsection (3) the consent authority may grant consent to a development application to which this section applies subject to a condition requiring:

(a) the dedication of part of the land, or other land of the applicant, free of cost to be used for the purpose of providing affordable housing, or

(b) the payment of a monetary contribution to be used for the purpose of providing affordable housing,

or both’.

The imposition of condition 13 requiring a monetary contribution is consistent with the legislative requirements of section 94F(2) of the EP&A Act.

The current application seeks to modify condition 13 by removing the need for a monetary contribution to be paid. The applicant has suggested that 3 of the 2 bedroom units located in the building would be made available for a 5 year period as low cost rental housing.

The applicant’s planning consultant is of the view that section 94F(5) enables a consent authority to implement other methods of retaining affordable housing (as suggested in the current application), other than requiring a monetary contribution. Section 94F(5) states the following:

‘94F(5)‘Nothing in this section prevents the imposition on a development consent of other conditions relating to the provision, maintenance or retention of affordable housing. Such conditions may require, but are not restricted to the imposition of covenants (including positive covenants) or the entering into of contractual or other arrangements.’

It is the opinion of Council officers that section 94F(5) can not be considered in isolation and that it supplements section 94F(2). In the opinion of council officers the use of other conditions relating to the provision, maintenance or retention of affordable housing could be explored together with conditions that also require the payment of monetary contributions and/or land dedication, however the subject application does not propose to do this.

Notwithstanding Council’s legal interpretation of sections 94F(2) and 94F(5), there are other reasons for the applicants proposed modification to condition 13 not being supported. These issues are discussed in further detail in the officers assessment report.

It should also be noted that written legal advice (to support the applicant’s view on Section 94F) did accompany the section 96 application. The applicant was also contacted this morning to ascertain whether the advice from the Department of Planning referenced in the public forum statement was written or verbal.

The advice was verbal and the name of the person who provided the advice was not known by the applicant. In the absence of written advice and the name of the person who provided the advice it would be prudent not to use the applicant’s statement in any decision that is made on the matter.

The applicant has indicated that they would welcome the opportunity to discuss this issue further with Council officers and would be supportive of Councils deferral of the consideration of the current application so that alternate options for the retention of affordable housing could be explored with Council.

Question 2 The Minister for Planning on 2 October 2009 issued a Ministerial Direction under section 94G(3)(b) of the EP&A Act. The Direction requires a consent authority to pay the Chief Executive of Housing NSW a monetary contribution paid to the consent authority relating to a condition authorised to be imposed under clause 51(2) of the Affordable Rental Housing SEPP.

If a condition is imposed under clause 51(2) of the Affordable Rental Housing SEPP as is the case for condition 13 the monetary contribution must be given to Chief Executive of Housing NSW. Condition 13 presently requires the $95, 760 to be paid directly to the Chief Executive of Housing NSW with evidence of the payment to be submitted to Council prior to the issuing of a strata certificate.”

Economy and Development

8.1	SUBJECT Parramasala REFERENCE F2009/02982 - D02181329 REPORT OF Manager City Culture, Tourism and Recreation
	RESOLVED (Garrard/Maitra)
12945	(a) That Council receive and note the information contained within this report. (b) That Council approve the continuation of the strategic partnership with Destination NSW and Parramasala Ltd for the delivery of the 2012 event by exercising the option in the Sponsorship Agreement that will extend the duration of the sponsorship arrangements for another year. (c) That Council give in principle support for the strategic partnership with Destination NSW through its involvement in the company Parramasala Ltd for a further year, so that planning for the future of the Festival beyond 2012 can be undertaken. (d) Further, that Council request the organiser to carry out further community consultation to ensure the success of the Event.

8.2	SUBJECT 17 York Street, Oatlands (Lot 11 DP 217963) (Elizabeth Macarthur Ward) DESCRIPTION Construction of a 3 storey dwelling with in-ground swimming pool. REFERENCE DA/663/2011 - 23 September 2011 APPLICANT/S Mrs C C Daher OWNERS Mrs C C Daher REPORT OF Manager Development Services. Also late submission from Mr S Sassine. REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as it seeks a variation of greater than 10% to the height and FSR controls within Clauses 39 and 40 of Local Environmental Plan 2001.
	RESOLVED (Esber/Chedid)
12946	(a) That Council support the variation to Clauses 39 and 40 of the PLEP 2001 under the provisions of SEPP 1. (b) That Council as the consent authority grant development consent to development Application No. DA/663/2011 for the construction of a 3 storey dwelling house and in-ground pool at 17 York Street, Oatlands subject to the conditions of consent contained in Attachment 1. (c) That the objectors be advised of Council’s decision on the matter. (d) Further that the applicant pay an additional $817.45 development assessment fee to reflect the amended estimated cost of construction.
	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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES None.

8.3	SUBJECT 27 Stewart Street, PARRAMATTA NSW 2150 DESCRIPTION Demolition, tree removal and construction of a three storey residential flat building comprising 4 x 2 bedroom and 3 x 3 bedroom dwellings over a basement carpark and strata subdivision. A SEPP1 objection has been submitted as the floor space ratio for the development is 0.846:1 rather than 0.8:1 required by Clause 40 of the Parramatta Local Environmental Plan 2001. REFERENCE DA/574/2011 - 19 August 2011 APPLICANT/S V Bilotta OWNERS Mr M J Czyrkowski and Mrs J M McNamee REPORT OF Manager Development Services. Also Memorandum from Development Assessment Officer dated 27 February 2012. REASON FOR REFERRAL TO COUNCIL The development application has been referred to Council as the development may impact on a heritage item.
	RESOLVED (Bide/Finn)
12947	(a) That Council support the variation to Clause 40 (FSR) of the PLEP 2001 under the provisions of SEPP 1. (b) That Council as the consent authority grant development consent to Development Application No. DA/574/2011 for the demolition, tree removal and construction of a three storey residential flat building comprising 4 x 2 bedroom and 3 x 3 bedroom dwellings over a basement carpark and strata subdivision at 27 Stewart Street, PARRAMATTA NSW 2150 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained within Attachment 1. (c) Further, that the person 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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES None.

8.4	SUBJECT 10 - 12 Hutchinson Street, Granville (Lots 29 - 30 DP 976382) (Elizabeth Macarthur Ward) DESCRIPTION Use of heritage item as a community facility REFERENCE DA/798/2011 - 15th November 2011 APPLICANT/S Multicultural Disability Advocacy Association Inc. OWNERS Multicultural Disability Advocacy of SO NSW inc. REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the proposal involves building works to a heritage item.
	RESOLVED (Bide/Elmore)
12948	(a) That Council as the consent authority grant development consent to Development Application No. DA/798/2011 for the use of the building as a community facility and the erection of signage at 10-12 Hutchinson Street, Granville NSW 2142 subject to the conditions contained in Attachment 1. (b) Further, that the applicant be invited to submit an application for a building certificate for the unauthorized works to the courtyard.
	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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES Councillor P J Garrard.

8.5	SUBJECT 58 O'Connell Street - Parramatta NSW 2150 Lot 1 DP 900803 ( Arthur Phillip Ward) DESCRIPTION Section 96(1a) application to modify condition 13 (payment of a monetary contribution for mitigation of the loss of low rental bedrooms) arising from strata subdivision of the building. REFERENCE DA/174/2011/A - lodged 14 December 2011 APPLICANT/S Byrnes PDM Pty Ltd OWNERS Classy Business Pty Ltd REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application seeks to modify a Development Conent determined by the elected Council and the condition being modified was subject to debate when Council previously considered the application.
	RESOLVED (Esber/Barber)
12949	(a) That consideration of this matter be deferred for 2 weeks. (b) That in the meantime, further options be explored with the applicant. (c) That legal advice be sought on the defendability of the relevant section of the Environmental Planning and Assessment Act. (d) Further, that the minutes of the previous meeting dealing with this issue be distributed to all Councillors.
	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, P J Garrard, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES None.
	NOTE: Councillor J D Finn declared an interest in relation to this matter as the application may require a monetary contribution to her employer (HousingNSW) and retired from the meeting during consideration of this matter.

8.6	SUBJECT Preliminary rezoning concept for land at 2 Factory Street, Granville REFERENCE RZ/10/2011 - D02261958 REPORT OF Project Officer - Land Use Planning
	RESOLVED (Bide/Chedid)
12950	(a) That Council advise the applicant that it would explore a planning proposal, prepared by the applicant, to rezone land at 2 Factory Street, Granville for high density residential uses. (b) That the planning proposal submitted to Council be accompanied by a range of studies including the following: Urban Design Structure Plan, Land Use Planning Report, Traffic Impact Assessment, Social Impact Assessment, Acid Sulfate Soil Assessment and Land Contamination Report. (c) That Council proceed with negotiations for a Voluntary Planning Agreement (VPA) with the applicant in relation to the planning proposal. (d) That delegated authority be given to the CEO to negotiate the VPA on behalf of Council. (e) That Council advise the applicant of this decision, together with the matters to be addressed and the required studies to be submitted with the planning proposal. (f) Further, that a report be put to Council on the assessment of the planning proposal and VPA.
	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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES None.

8.7

SUBJECT Submission to the inquiry into the utilisation of rail corridors

REFERENCE F2011/03455 - D02261979

REPORT OF Project Officer - Land Use Planning

RESOLVED (Esber/Elmore)

12951

That Council adopt the submission at Attachment 1 to the inquiry into the utilisation of rail corridors and forward the submission to the Legislative Assembly Committee on Transport and Infrastructure for their consideration.

8.8	SUBJECT Planning Proposal for land at 158-164 Hawkesbury Road and part 2A Darcy Road Westmead REFERENCE RZ/4/2011 - D02262288 REPORT OF Project Officer- Land Use Planning
	MOTION (Finn/Lim)
	(a) That consideration of this matter be deferred for 2 months and in the meantime, Council consult with the Westmead community in writing and via consultative forums. (b) Further, that discussions be held with the applicant in relation to the negotiation of a possible voluntary planning agreement.
	AMENDMENT (Garrard/Chedid)
	(a) That the planning proposal at Attachment 1 to amend the Parramatta LEP 2011 to rezone land at 158-164 Hawkesbury Road and part 2A Darcy Road, Westmead from SP2 Infrastructure (Educational Establishment) to B4 Mixed Use and to apply a maximum building height of 48 metres and maximum FSR of 3:1 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 on completion, the site specific DCP being an amendment to the Parramatta DCP 2011, be submitted to Council for endorsement prior to public exhibition. (c) That subject to gateway determination, the planning proposal be publicly exhibited simultaneously with the site specific DCP. (d) That a report be put to Council following the public exhibition. (e) Further, that during the exhibition period, Council consult with the Westmead community in writing and via consultative forums.
	The amendment was put and lost.
12952	The motion was put and carried.
	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, C X Lim, S D Lloyd, P K Maitra and M D McDermott. NOES Councillors J Chedid and P J Garrard.

8.9

SUBJECT Heritage Listing of Items in Epping

REFERENCE F2008/03734 - D02262705

REPORT OF Project Officer- Land Use Planning

RESOLVED (Esber/Barber)

12953

(a) That Council agree to remove 41 Kent Street and 51 Willoughby Street, Epping from the list of items to be added to the heritage schedule of Parramatta LEP 2011.

(b) That Council agree to include 17 Grandview Parade and 61 Kent Street, Epping in the list of items to be added to the heritage schedule of Parramatta LEP 2011.

(c) Further, that the planning proposal to amend the heritage schedule of Parramatta LEP 2011 be modified to reflect the proposed alterations in (a) and (b).

8.10

SUBJECT Auto Alley and Parramatta City

REFERENCE F2011/02749 - D02262883

REPORT OF Senior Project Officer- Urban Design

RESOLVED (Lim/Finn)

12954

That consideration of this matter be deferred for a month to enable further discussions to be held on the issue between Councillors in a workshop environment, such workshop to be held on 13 March 2012.

Environment and Infrastructure

9.1	SUBJECT Wildlife Protection Areas in Core Bushland REFERENCE F2011/03821 - D02183216 REPORT OF Open Space & Natural Area Planner
	RESOLVED (Bide/Finn)
12955	(a) That Council place on public exhibition a proposal to declare Wildlife Protection Areas prohibiting cats under Section 30 (1)(b) of the Companion Animals Act 1998 in the following core bushland areas:  Campbell Hill Pioneer Reserve & Waddangalli Woodland  Duck River Bushland Reserve  Edna Hunt Sanctuary  Galaringi Reserve & Cox Park  Lake Parramatta Reserve  Quarry Branch Creek  Upper Toongabbie Creek  Vineyard Creek Reserve (b) That Council seek to only permit dogs which are on a leash on formal tracks and pathways within declared Wildlife Protection Areas. (c) That the proposed eight Wildlife Protection Areas be placed on public exhibition for 28 days in Council libraries, Customer Service Centre and website. (d) That all property owners who adjoin the proposed Wildlife Protection Areas be notified of the public exhibition and notification signage be erected at formal track entrances to each of these identified core bushland areas. (e) Further, that a report be submitted to Council upon completion of the public exhibition period for consideration and assessment of any public submissions received.
	NOTE: Councillor P Esber left the meeting at 8.13 pm and returned at 8.14 pm during consideration of this matter.

9.2	SUBJECT Parramatta Traffic Committee Minutes of meeting held on 9 February 2012 REFERENCE F2012/00041 - D02261064 REPORT OF Traffic & Transport Support Officer. Traffic and Transport
	RESOLVED (Esber/Maitra)
12956	That the minutes of the Parramatta Traffic Committee meeting held on 9 February 2012 be adopted with the exception of Item 1202 A3 – Intersection of Tucks Road and Vianney Crescent, Toongabbie – Proposed Median Island.

9.3

SUBJECT Traffic Engineering Advisory Group Meeting held on 9 February 2012

REFERENCE F2012/00040 - D02261096

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Esber/Elmore)

12957

(a) That the minutes of the Traffic Engineering Advisory Group meeting held on 9 February 2012 be adopted except for Item 1202 B5 – Clyde Street, South Granville – Request for Pedestrian Crossing.

(b) Further, that in regard to Item 1202 B5, Council undertake the necessary action to implement a pedestrian crossing at the given site.

9.4

SUBJECT Environmental Upgrade Agreements (EUA's)

REFERENCE F2011/01590 - D02261801

REPORT OF Manger, Environmental Outcomes

RESOLVED (Finn/Elmore)

12958

(a) That Council resolve to offer Environmental Upgrade Agreement (EUA) services.

(b) That the Manager of Environmental Outcomes report EUA implementation progress to Council by 30 July 2013.

(d) That Council endorse the proposed EUA Schedule of Fees and Charges as shown at Attachment 3;

(e) That Council endorse the EUA Enforcement Procedure as shown at Attachment 4.

(f) That Council endorse the use of the EUA Template contained in Attachment 5 that has been prescribed by the Director General of the Department of Premier and Cabinet under the Local Government Amendment (Environmental Upgrade Agreements) Act 2010.

(g) Further, that authority be delegated to the Chief Executive Officer to:

(i) negotiate the terms of EUA’s on behalf of Council;

(ii) cause Council to be bound by an EUA containing terms that are acceptable to the CEO and within the framework established by the Local Government Amendment (Environmental Upgrade Agreements) Act 2010;

(iii) amend the EUA Enforcement Procedure contained in Attachment 4 to the report as the Chief Executive Officer thinks fit from time to time;

(iv) amend the EUA Schedule of Fees and Charges contained in Attachment 3 to the report as the Chief Executive Officer thinks fit from time to time; and

(v) amend the terms of Schedule 1 to the EUA Template contained in Attachment 5 to the report as the Chief Executive Officer thinks fit from time to time.

9.5	SUBJECT Public Exhibition of the Draft Floodplain Risk Management Study and Plan for the Duck River Catchment REFERENCE F2006/01343 - D02261959 REPORT OF Senior Project Officer – Environmental Outcomes
	RESOLVED (Elmore/Maitra)
12959	That Council endorse the exhibition of the Duck River Flood related documents 1) Draft Flood Study 2) Draft Floodplain Risk Management Study 3) Draft Floodplain Risk Management Plan.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.30 pm for a period of 15 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 8.45 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, C X Lim, S D Lloyd, P K Maitra and M D McDermott.

Community and Neighbourhood

10.1

SUBJECT George Kendall Riverside Park Masterplan

REFERENCE F2010/02287 - D02146071

REPORT OF Open Space & Natural Area Planner

RESOLVED (Esber/Barber)

12960

(a) That Council adopt the George Kendall Riverside Park Masterplan.

(b) That copies of the adopted George Kendall Riverside Park Masterplan be issued to Parramatta City (Central) library, Ermington branch library, Parramatta Heritage Centre local studies library and be made available 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 efforts in providing valuable input into the development of the Plan.

10.2

SUBJECT Carlingford-Dundas Lions Memorial Garden Naming Proposal

REFERENCE F2011/03756 - D02191543

REPORT OF Open Space & Natural Area Planner

RESOLVED (Esber/Elmore)

12961

(a) That the garden between the main carpark and sporting field in Upjohn Park in Rydalmere be named the Carlingford-Dundas Lions Memorial Garden.

(b) That the garden be signposted accordingly with the new name.

(c) Further, that the Carlingford-Dundas Lions Club and any persons who responded to Council’s invitation for submissions in relation to the proposed name be advised of Council’s decision.

NOTE: Councillor M McDermott declared a non pecuniary interest in relation to this matter as he is a member of the Carlingford-Dundas Lions Club but did not retire from the meeting during consideration of this matter.

10.3	SUBJECT Housing NSW Strategic Partnership Minutes REFERENCE F2004/05977 - D02229778 REPORT OF Manager - Social Outcomes
	RESOLVED (Garrard/Barber)
12962	(a) That the minutes of the Housing NSW and Parramatta City Council Strategic Alliance meeting on 22 November (Attachment 1) are received and noted. (b) That Council note there is no request for additional expenditure in this report. (c) Further, that clarification be provided to Councillors in relation to the comments contained in paragraph 4 of the report.
	NOTE: 1 Councillor J D Finn declared an interest in relation to this matter as an employee of HousingNSW and retired from the meeting during consideration and voting on this issue. 2 Councillor P Esber left the meeting at 8.48 pm and returned at 8.49 pm during consideration of this matter.

10.4	SUBJECT Proposed Free Aquatic Centre Entry Passes REFERENCE F2004/05927 - D02236901 REPORT OF Service Manager Recreation Facilities and Programs
	RESOLVED (Maitra/Lloyd)
12963	(a) That Council amend its Schedule of Fees & Charges for the remainder of 2011/12 to include a “Free Single-Use Aquatic Centre Family Pass” and a “Free weekly Aquatic entry for seniors and disability card holders and their carers”. (b) That the draft Schedule of Fees & Charges for 2012/13 also include the “Free Single-Use Aquatic Centre Family Pass” and a “Free weekly Aquatic entry for seniors and disability card holders and their carers”. (c) Further, that these arrangements be trialled for a period of one year and an assessment provided to Council following this period.

	NOTE: Councillor A Bide requested his name be recorded as having voted against this decision.

10.5

SUBJECT Access Advisory Committee Minutes 20 December 2011

REFERENCE F2005/01944 - D02248708

REPORT OF Community Capacity Building Officer. Community Capacity Building

RESOLVED (Barber/Elmore)

12964

That the minutes of the Access Advisory Committee meeting on 20 December 2011 (Attachment 1) be received and noted.

10.6

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 22 November 2011

REFERENCE F2005/01941 - D02250231

REPORT OF Community Capacity Building Officer

RESOLVED (Barber/Bide)

12965

(a) That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 22 November 2011 be received and noted.

(b) That Council note the Committee’s support of archaeological salvage excavation at the Endeavour Energy site in Macquarie and Harris Streets, Parramatta.

10.7

SUBJECT Minutes of the Western Sydney Local Area Health District and Parramatta City Council Steering Group Meeting - 8 September 2011

REFERENCE F2004/10350 - D02259852

REPORT OF Manager - Social Outcomes

RESOLVED (Esber/Chedid)

12966

(a) That the minutes of the WS LHD and Parramatta City Council Strategic Partnership meeting on 8 September 2011 (Attachment 1 to report) be received and noted.

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

Governance and Corporate

11.1

SUBJECT ParraConnect Advisory Committee

REFERENCE F2011/00898 - D02194695

REPORT OF Group Manager- Corporate

RESOLVED (Bide/Maitra)

12967

(a) That the minutes of the ParraConnect Advisory Committee meeting of 21 November 2011 be received and noted.

(b) That Council endorse the Committee to investigate and evaluate the opportunity and benefits of the Ikiosk proposal.

(c) Further, that Councillors interested in attending the Technology in Local Government Summit 2012 to be held on 19 and 20 March 2012 at Australian Technology Park, Sydney contact the Office of the Lord Mayor and advise of their interest.

11.2

SUBJECT Audit Committee Minutes

REFERENCE F2011/03883 - D02211664

REPORT OF Co-ordinator Audit & Risk

RESOLVED (Esber/Bide)

12968

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

11.3

SUBJECT Audit Committee Annual Report

REFERENCE F2011/03883 - D02262884

REPORT OF Co-ordinator Audit & Risk

RESOLVED (Esber/Chedid)

12969

That the content of this report be received and noted.

11.4

SUBJECT Adoption of Changes to Council's Ward Boundaries

REFERENCE F2005/02508 - D02239877

REPORT OF Group Manager- Corporate

RESOLVED (Bide/Elmore)

12970

(a) That the following changes to Council’s Ward Boundaries, as exhibited, be adopted:-

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 the mapping error incorporating parklands bounded by Spurway Street and Silverwater Road in Elizabeth Macarthur Ward instead of Lachlan Macquarie Ward be corrected.

(d) Further, that a letter box drop be carried out of affected residents advising of the subject changes.

11.5

SUBJECT Investments Report for November 2011

REFERENCE F2009/00971 - D02215318

REPORT OF Manager Finance

RESOLVED (Esber/Garrard)

12971

That Council receives and notes the investments report for November 2011.

11.6

SUBJECT Investments Report for December 2011

REFERENCE F2009/00971 - D02240554

REPORT OF Manager Finance

RESOLVED (Esber/Garrard)

12972

That Council receives and notes the investments report for December 2011.

11.7

SUBJECT Delivery Program and Operational Plan – Quarterly Review December 2011

REFERENCE F2011/01567 - D02254937

REPORT OF Manager Finance

RESOLVED (Esber/Lim)

12973

(a) That Council adopt the Chief Executive Officer’s December 2011 Quarterly Review of the 2010/14 Delivery Program and 2011/12 Operational Plan (Attachment 1 to this report).

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

11.8

SUBJECT Review of Parramatta City Council Investment Policy

REFERENCE F2004/07423 - D02257096

REPORT OF Manager Finance

RESOLVED (Esber/Barber)

12974

(a) That the Council receive and note the Finance Manager’s report.

(b) Further, that the revised Investment Policy attached to this report be adopted.

11.9	SUBJECT 2012 Real Estate Conference REFERENCE F2007/00400 - D02264132 REPORT OF Executive Support Manager
	MOTION (Chedid/Bide)
	(a) That Council endorse Parramatta City Council’s participation in the 2012 Real Estate Conference and Exhibition in Singapore from 27-28 June 2012. (b) That Council authorise the Lord Mayor, Cr Lorraine Wearne and Chief Executive Officer, Dr Robert Lang and up to three relevant staff nominated by the CEO to represent Council at the conference. (c) That Council write to the Federal Minster for Regional Australia, Regional Development and Local Government and the New South Wales Minister for Trade and Investment to advise of Council’s attendance at this conference and seek support. (d) That Council liaise with State and Federal Government Department’s, particularly Austrade and Trade and Investment NSW in the planning and facilitation of attendance at this conference. (e) Further, that Council liaise with local investment and property contacts to explore possible partnership opportunities.
	AMENDMENT (Finn/Maitra) (a) That Council endorse Parramatta City Council’s participation in the 2012 Real Estate Conference and Exhibition in Singapore from 27-28 June 2012. (b) That Council authorise the Lord Mayor, Cr Lorraine Wearne to represent Council at the conference. (c) That Council write to the Federal Minster for Regional Australia, Regional Development and Local Government and the New South Wales Minister for Trade and Investment to advise of Council’s attendance at this conference and seek support. (d) That Council liaise with State and Federal Government Department’s, particularly Austrade and Trade and Investment NSW in the planning and facilitation of attendance at this conference. (e) Further, that Council liaise with local investment and property contacts to explore possible partnership opportunities.
	The amendment was put and lost on the Lord Mayor’s casting vote.
12975	The motion was put and carried on the Lord Mayor’s casting vote.

Notices of Motion

12.1	SUBJECT Staff Organisational Structure REFERENCE F2004/06182 - D02197881 REPORT OF Councillor P J Garrard
	MOTION (Garrard/Chedid)
	(a) That the Chamber wishes to advise the CEO that with any organisational restructures, that it is a matter of courtesy and good governance to consult with the Chamber before any action is put into place. (b) Further, that in relation to the future staffing of the Lord Mayor’s Office, that the CEO report to the Chamber as to how the capacity of the Lord Mayor’s Office can be increased utilising the model adopted by the Lord Mayoral Office of Sydney, whereby future staffing establishments in Parramatta will be set at a figure which remains constant as a percentage of that which exists within Sydney City Council.
	AMENDMENT (Finn/Esber)
	That the Chamber wishes to advise the CEO that with any organisational restructures, that it is a matter of courtesy and good governance to consult with the Chamber before any action is put into place.
12976	The amendment was put and carried and on being put as the motion was again carried.

12.2	SUBJECT Noise Abatement near Rail Corridors and Busy Roads REFERENCE F2004/09913 - D02264099 REPORT OF Councillor A A Wilson
	RESOLVED (Esber/Elmore)
12977	That consideration of this matter be deferred to the next meeting of Council.
	NOTE: Councillor P B Barber retired from the meeting at 9.53 pm during consideration of this matter.

12.3

SUBJECT Broadband Access

REFERENCE F2008/02761 - D02264104

REPORT OF Councillor A A Wilson

RESOLVED (Esber/Elmore)

12978

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

CLOSED SESSION

RESOLVED (Esber/Elmore)

12979

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 28/2011 Parramatta Valley Cycleway – Section 22 Part B – Construction of a New Boardwalk Structure with Concrete Deck and Landscape Works. (D02233298) - 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 Management of Paid Car Parking Facilities within the City Centre. (D02254957) - 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 Fire Safety Reports from Fire and Rescue NSW (FRNSW). (D02260460) - 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.

4 Property Settlement. 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

The decisions of Closed Session were noted as follows:-

13.1

SUBJECT Tender 28/2011 Parramatta Valley Cycleway – Section 22 Part B – Construction of a New Boardwalk Structure with Concrete Deck and Landscape Works.

REFERENCE F2011/03583 - D02233298

REPORT OF Supervisor - Project Management

RESOLVED (Esber/Bide)

12980

(a) That the tender submitted by Australian Prestressing Services Pty Ltd for the construction of a new boardwalk structure with concrete deck and landscape works adjacent to No. 2-10 South Street, Rydalmere for the sum of $1,170,000 (excluding GST) be accepted.

(b) That Council notes that a provisional sum of up to $200,000 may also be required for the removal of contaminated material under this contract.

(d) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

13.2

SUBJECT Management of Paid Car Parking Facilities within the City Centre.

REFERENCE F2012/00412 - D02254957

REPORT OF Project Manager. Also Manager City Assets and Environment Memorandum dated 27 February 2012.

RESOLVED (Bide/Maitra)

12981

(a) That Council support, in principle, the replacement of all existing parking meters within the Parramatta City Centre, to be considered for funding from the Parking Meter Reserve within the 2012/13 Delivery Plan.

(b) That Council proceed with the preparation and advertising of the new Paid Parking Tender.

1 Tender No. 9/2005 – Contract for Parking Meter Supply, Installation and Maintenance; and

2 Tender No. 11/2006 - Management of Multi Level Carparking Stations at Wentworth Street, Erby Place, Hunter Street and Horwood Place; for a period of six months with option for a further six months extension to allow a new Paid Parking Tender to be prepared, advertised and assessed.

(d) That Council proceed to prepare Interim Agreements to extend the current Contracts, for a period of six months with option for a further six months extension, under their existing contract arrangements.

(e) That Council delegate authority to the CEO to negotiate with the current contractors for an extension of their existing Contracts, within the terms outlined in this report.

(f) That Council note that a separate Information Workshop will be conducted on the future Paid Parking contracts prior to advertising the new Tender.

(g) Further, that in respect to Ticket Parking Machines Maintenance Services, Council recognises that the previous tender was unsuccessful and given the decision to proceed with a new combined Paid Parking Tender in the manner described in this report, the procurement of extended contract periods for both Parking Meters and Multilevel Carparks is justified in these limited circumstances in accordance with Section 55(3)(i) of the Local Government Act.

13.3

SUBJECT Fire Safety Reports from Fire and Rescue NSW (FRNSW)

REFERENCE F2004/07367 - D02260460

REPORT OF Service Manager Environment and Protection

RESOLVED (Esber/Maitra)

12982

(a) That Council notes the referred letters from the FRNSW dated 5 December 2011 and 4 January 2012 pursuant to Section 121ZD of the Environmental Planning and Assessment Act 1979 and the follow up action taken by Council in regard to fire safety.

(b) Further, that FRNSW have been advised of the action taken in regard to these matters.

13.4

SUBJECT Property Settlement

REFERENCE F2011/03835

FROM The Lord Mayor, Councillor Lorraine Wearne

RESOLVED (Wearne/Bide)

12983

(a) That Council approves the allocation of money received from a recent property settlement to the programs outlined in this Lord Mayoral Minute.

(b) Further that, Council authorises the CEO to sign all deeds and other supplementary documents to formally record the arrangements described in paragraph 3 of the report.

The meeting terminated at 10.37 pm.

THIS PAGE AND THE PRECEDING 25 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 27 FEBRUARY 2012 AND CONFIRMED ON MONDAY, 12 MARCH 2012.

Lord Mayor