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.
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SUBJECT Minutes
of the Council (Development) Meeting held on 13 February 2012
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RESOLVED (Esber/Maitra)
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12939
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That the
minutes be taken as read and be accepted as a true record of the Meeting.
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APOLOGIES
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RESOLVED (Esber/Maitra)
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12940
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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.
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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
1
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SUBJECT Rangihou
Bicentennial Celebration 2014
REFERENCE F2011/03474
FROM Jennifer Holt
Alexander
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12942
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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.
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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.
2
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SUBJECT Vision
for Auto Alley
REFERENCE F2011/02749
FROM Vince Berkhout as submitted.
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12943
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·
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.
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NOTE: Councillor C X Lim arrived at the meeting at 7.04 pm
during consideration of this matter.
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3
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SUBJECT Development
Application - 58 O'Connell Street, Parramatta
REFERENCE DA/174/2011/A
FROM Adam Byrnes
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“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.”
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12944
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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.”
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Economy and Development
8.1
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SUBJECT Parramasala
REFERENCE F2009/02982
- D02181329
REPORT OF Manager
City Culture, Tourism and Recreation
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RESOLVED (Garrard/Maitra)
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12945
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(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.
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8.2
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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.
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RESOLVED (Esber/Chedid)
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12946
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(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.
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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.
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8.3
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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.
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RESOLVED (Bide/Finn)
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12947
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(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.
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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.
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8.4
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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.
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RESOLVED (Bide/Elmore)
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12948
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(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.
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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.
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8.5
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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.
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RESOLVED (Esber/Barber)
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12949
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(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.
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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.
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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.
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8.6
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SUBJECT Preliminary
rezoning concept for land at 2 Factory Street, Granville
REFERENCE RZ/10/2011
- D02261958
REPORT OF Project
Officer - Land Use Planning
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RESOLVED (Bide/Chedid)
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12950
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(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.
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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.
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8.7
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SUBJECT Submission
to the inquiry into the utilisation of rail corridors
REFERENCE F2011/03455
- D02261979
REPORT OF Project
Officer - Land Use Planning
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RESOLVED (Esber/Elmore)
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12951
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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.
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8.8
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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
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MOTION (Finn/Lim)
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(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.
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AMENDMENT (Garrard/Chedid)
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(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.
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The amendment was put and lost.
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12952
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The motion was put and carried.
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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.
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8.9
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SUBJECT Heritage
Listing of Items in Epping
REFERENCE F2008/03734
- D02262705
REPORT OF Project Officer- Land Use Planning
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RESOLVED (Esber/Barber)
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12953
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(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).
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8.10
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SUBJECT Auto
Alley and Parramatta City
REFERENCE F2011/02749
- D02262883
REPORT OF Senior
Project Officer- Urban Design
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RESOLVED (Lim/Finn)
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12954
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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.
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Environment and Infrastructure
9.1
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SUBJECT Wildlife
Protection Areas in Core Bushland
REFERENCE F2011/03821
- D02183216
REPORT OF Open
Space & Natural Area Planner
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RESOLVED (Bide/Finn)
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12955
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(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.
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NOTE: Councillor P Esber left the meeting at 8.13 pm and
returned at 8.14 pm during consideration of this matter.
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9.2
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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
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RESOLVED (Esber/Maitra)
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12956
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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.
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9.3
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SUBJECT Traffic
Engineering Advisory Group Meeting held on 9 February 2012
REFERENCE F2012/00040
- D02261096
REPORT OF Traffic
& Transport Support Officer. Traffic and Transport
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RESOLVED (Esber/Elmore)
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12957
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(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.
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9.4
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SUBJECT Environmental
Upgrade Agreements (EUA's)
REFERENCE F2011/01590
- D02261801
REPORT OF Manger,
Environmental Outcomes
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RESOLVED (Finn/Elmore)
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12958
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(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.
(c) That Council adopts the EUA Policy as shown at Attachment 2.
(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.
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9.5
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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.
(c) Further, that Council note
there is no request for additional expenditure.
|
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.
(c) That the Electoral Commissioner be advised
of Council’s decision.
(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.
(c) That all unsuccessful tenderers be advised of
Council’s decision in this matter.
(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.
(c) That
Council extend the existing contract arrangements for both of the following
Contracts:
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