MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 25 June 2012 AT 6:45 pm

The Acting Lord Mayor, Councillor A A Wilson in the Chair and Councillors P B Barber (arrived 6.47 pm), A Bide, J Chedid (arrived 6.47 pm and retired 9.47 pm), G J Elmore, P Esber (retired 9.49 pm), J D Finn, P J Garrard, A Issa, OAM MP, M A Lack, S D Lloyd, P K Maitra and M D McDermott.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

The Acting Lord Mayor, Councillor A A Wilson 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 Acting 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.

MIGRANT ACKNOWLEDGEMENT

The Acting Lord Mayor further acknowledged the many migrants that have come to Parramatta and now call it home.

All these elements holistically make Parramatta what it is today.

MINUTES

SUBJECT Minutes of the Council (Development) Meeting held on 12 June 2012

RESOLVED (Esber/Issa OAM MP)

13191

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

APOLOGIES

13192 RESOLVED (Lloyd/Issa OAM MP)

That an apology be received and accepted for the absence of the Lord Mayor, Councillor L E Wearne and C X Lim.

DECLARATIONS OF INTEREST

1 Councillor J D Finn declared a pecuniary interest in relation to Item 8.2 of Economy and Development regarding 45 Eleanor Street, Rosehill as Councillor Finn is both the owner of the property and the applicant.

2 Councillor J D Finn declared a pecuniary interest in relation to Item 10.2 of Community and Neighbourhood regarding Housing NSW Strategic Partnership Minutes as Councillor Finn is an employee of HousingNSW.

PUBLIC FORUM

1	SUBJECT Smoking Ban REFERENCE F2012/00430 FROM Omar Besiso
	“1. On 20th of June 2012 the Land and Environment Court held that council staff without lawful authority amended the SIPP November 2011 adopted by Council on 12 December 2011 to the SIPP December 2011. a Please identify the names and positions of those council officers who drafted the Dec 2011 docs without authority. b Please identify the names and positions that instructed and authorised the staff to create the December 2011 document unlawfully. 2. On 20th of June 2012 the Land and Environment Court held that council staff without lawful authority amended the SIPP November 2011 adopted by council on 12 Dec 2011 to the SIPP April 2012. a Please identify the names and positions of those council officers who drafted the Dec 2011 docs without authority. b Please identify the names and positions that instructed and authorised the staff to create the December 2011 document unlawfully. 3. According to channel 10 media report on 21st of June 2012 council’s spokesman advised channel 10 that smoking ban will be brought back to council floor for voting within the next 2 weeks. a Please identify the name and position of the council’s spokesman. b. Pursuant to what authority does any council officer take it upon themselves to dictate to the councillor’s the subject matter and timing of motions to be put to the councillor’s? 4. Is it acceptable to the elected councillor’s for a member of staff, under the title of a spokesman, notifies the media of what their intended course of actions by the council?”
13193	RESPONSE By Mr Maurice Doria, General Counsel:- “Dear Mr Besiso Thank you for your public forum questions regarding the Land & Environment Court decision concerning the smoking in public places policy. This decision was delivered on 21 June 2012 and has been the subject of some media commentary. Your public forum questions repeatedly refer to action being taken without lawful authority. This does not accurately reflect the Court’s decision. Executive Summary The Court has found that PCC has the power to impose smoking bans over outdoor dining areas and can do this by way of conditions in approvals issued under the Roads Act and the Local Government Act (LG Act). The Court has also found that no smoking provisions included in approvals issued under the Roads Act and the LG Act (many of which expire on 30 June 2012) to be invalid. As a result of the Court’s findings, it is proposed to bring a report to Council recommending some minor adjustment to the policy documents to address the issues identified by the Court’s decision. Court Decision These legal proceedings involved technical arguments between the parties regarding whether PCC had power to prohibit smoking in outdoor dining areas. Below is a summary of main contentions pressed by applicant in the proceedings and the Court’s findings: · Notices under section 632 of the LG Act – The applicants asserted that PCC caused notices to be erected under section 632 of the LG Act and those notices prohibited smoking in the outdoor dining areas. The erection of a section 632 notice exposes persons smoking in the vicinity of those notices to the risk of regulatory prosecution. The applicants asserted that the erection of the section 632 notices was unlawful. The Court found that PCC did not attempt to erect section 632 notices. The Court’s decision rejects the applicant’s contention. · Approval under section 68 of the LG Act – The applicant’s asserted that PCC had no power to include a provision in approvals issued under section 68 of the LG Act which prohibited smoking in an outdoor dining area. The Court found that PCC did have the power to include such a provision because it was reasonably capable of being regarded as related to the purpose for which the function of Council was being exercised. The Court’s decision rejects the applicant’s contention. · Approval under section 125 of the Roads Act – The applicant’s asserted that PCC had no power to include a provision in approvals issued under section 125 of the Roads Act which prohibited smoking in an outdoor dining area located on a public road. The Court found that PCC did have the power to include such a provision because of the broad grant of power conferred by the Roads Act. The Court’s decision rejects the applicant’s contention. · Uncertain commencement date – The applicant’s asserted that there was uncertainty as to dates for commencement of enforcement of the smoking ban conditions because of the language used in the 12 December 2011 council resolution. The Court found that there was no uncertainty. The Court’s decision rejects the applicant’s contention. · Purport development consent variation – One of the applicant’s asserted that smoking prohibition condition in the approvals issued under section 68 of the LG Act operated to amend the development consents issued by PCC to one of the applicant’s in October 2009. The Court found that approvals issued under different legislation do not operate to amend a development consent. The Court’s decision rejects the applicant’s contention. · Exercise of delegation – The Smoking in Public Places Policy included in the business papers for the 12 December 2011 council meeting was described as the ‘November 2011’ version. At the Council meeting held on 12 December 2011 PCC extended the operation of the policy beyond the places described in the report (that is, taxi ranks and other locations). This required the policy instrument to be updated and resulted in a version described as the ‘December 2011’ version. In revising the policy document to reflect the council resolution other administrative changes were made to ensure PCC’s policy direction was accurately recorded in the policy document. One of these changes was to include a description of smoking that aligned with the description of that term contained in the Smoke Free Environment Act. There was no deviation from PCC’s policy position established by the 12 December 2011 council resolution. The Court has applied an extremely narrow analysis and found that the inclusion of a clear description of ‘smoking’ was not what PCC adopted thereby casting doubt on the smoking ban provisions that appear in the approvals under issued under the Roads Act and the LG Act. The Court’s decision finds against PCC in relation to this contention. Practical Consequence The practical consequence of the Court decision is that PCC (and the over 30 other council in NSW who have taken similar action) has the power to implement a smoking prohibition in outdoor dining areas. However, the no smoking provisions in some approvals currently held by some business operators are invalid. This irregularity is simply overcome and it is intended to bring a report to council in the near future to address this situation because PCC’s policy position established by the 12 December 2011 council resolution mandates that smoking is not to occur in outdoor dining areas. Specific questions Turning now to your specific questions: 1 (a) & (b) – The above outline of the Court decision explains the situation. Staff performance issues are a matter for the CEO. 2 (a) & (b) – The answer to question 1 applies because the question has been repeated. 3 (a) & (b) – Council’s media policy requires that media contact be initiated through Council’s Media Adviser. You can contact Council’s Media Adviser by phone (9806 5083) or by email (media@parracity.nsw.gov.au). 4 All public commentary has been in accordance with the PCC’s existing policies.”
	NOTE: 1 Councillor P B Barber (6.47pm) and J Chedid (6.47pm) arrived at the meeting during consideration of this matter. 2 Councillors P Esber, S D Lloyd and P K Maitra left the meeting at 6.47pm and returned at 6.49pm during consideration of this matter.

PETITIONS

SUBJECT Use of Cox Park

REFERENCE 2004/07969

FROM Dundas Valley Rugby Union Club

RESOLVED (Esber/McDermott)

13194

That the petition be received and noted.

SUBJECT 45 - 49 Spurway Street - Erection of Boarding House

REFERENCE DA/109/2012

FROM A Boulos and others

RESOLVED (Esber/Elmore)

13195

That the petition be received and noted.

PASSING OF MARY FERGUSON, WIFE OF JACK FERGUSON

The Chamber observed one minute’s silence to acknowledge the passing of Mrs Mary Ferguson, wife of Jack Ferguson.

The Acting Lord Mayor then noted that appropriate condolences had been forwarded to the family of the late Mrs Mary Ferguson.

Economy and Development

8.1

SUBJECT 7 Jervis Street Ermington

REFERENCE DA/584/2011 - D02384202

REPORT OF Manager - Strategic Asset and Property Management

RESOLVED (Esber/Elmore)

13196

(a) That Council resolve to create an easement for drainage over the Council public reserve (Lot A DP 36589) in favour of the property at 7 Jervis Street Ermington (Lot 24 DP 36589) on terms as stated in the report.

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

8.2	SUBJECT 45 Eleanor Street, Rosehill (Lot 10 DP 11195) (Elizabeth Macarthur Ward) DESCRIPTION Tree Permit REFERENCE TA/292/2012 - 8 May 2012 APPLICANT/S Ms Julia Dorothy Finn OWNERS Ms Julia Dorothy Finn REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The landowner is a Councillor.
	RESOLVED (Chedid/Esber)
13197	That Council as the consent authority grant consent to Tree Permit Application TA/292/2012 for the removal of five (5) trees from 45 Eleanor Street, Rosehill consisting of two (2) x Livistonia australis - Cabbage Palm trees located within the rear of the property and three (3) x Tibouchina urvilleana – Princess Flower, Glory Bush trees located within the front of the property subject to conditions contained within Attachment 1.
	NOTE: Councillor J D Finn declared a pecuniary interest in relation to this item as both the owner and the applicant for the subject premises and temporarily retired from the meeting during consideration and voting on this issue.

8.3	SUBJECT 15B Albert Street, NORTH PARRAMATTA NSW 2151 (CP SP 75354) (Arthur Phillip Ward) DESCRIPTION Demolition and construction of a 15 storey mixed use development comprising 14 residential levels over one level of commercial space and five levels of basement carparking. REFERENCE DA/738/2011 - Submitted 25 October 2011 APPLICANT/S Albert Street Holdings Pty Limited OWNERS The Owners Strata Plan 75354 REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application is referred to Council due to the extent of the Clause 24 variation being greater than 10% of the development standard.
	RESOLVED (Issa OAM MP/Chedid)
13198	(a) That Council as the consent authority is of the opinion that the variation under Clause 24 of Parramatta Local Environmental Plan 2007 to Clause 22D of the Parramatta Local Environment Plan 2007 is supportable. That Council is also of the opinion that strict compliance with the development standard is unreasonable and unnecessary in the circumstances of this case as the proposal satisfies the objectives of the development standard and will not compromise the amenity of the locality. (b) Further, that Council, as the consent authority, being satisfied that the variation under Clause 24 of Parramatta Local Environmental Plan 2007 is supportable and that granting consent to Development Application DA/738/2011 is consistent with the aims of the LEP, grant consent to Development Application No. DA/738/2011 for the demolition and construction of a 15 storey mixed use development comprising 14 residential levels over one level of commercial space and five levels of basement carparking on land at 15B Albert Street, North Parramatta as shown on approved plans, for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained at Attachment 1.
	DIVISION The result being: AYES The Acting Lord Mayor, Councillor A A Wilson and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra and M D McDermott. NOES Councillor P B Barber.

8.4	SUBJECT Common Property, 37 Midson Road Eastwood (Lachlan Macquarie Ward) DESCRIPTION Construction of 12 dwellings fronting Carrington Crescent, Avondale Way and King Way. REFERENCE DA/53/2012 - Lodged 27 January 2012 APPLICANT/S AVJBOS Eastwood Developments Pty Ltd OWNERS Community Association DP 270605 REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL The application has been referred to Council as the application seeks variations of greater than 10% to Clause 4.4 of Parramatta Local Environmental Plan 2011.
	RESOLVED (Issa OAM MP/Esber)
13199	(a) That Council supports the variation to Clause 4.4 of the PLEP 2011 under the provisions of clause 4.6. (b) Further, that Council as the consent authority grant development consent to Development Application No. DA/53/2012 for construction of 12 dwellings fronting Carrington Crescent, Avondale Way and King Way at Common Property, 37 Midson Road, EASTWOOD NSW 2122 for a period of five (5) years for physical commencement to occur from the date on the Notice of Determination subject to the conditions contained in attachment 1.
	DIVISION The result being: AYES Councillors P B Barber, A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, S D Lloyd, P K Maitra and M D McDermott. NOES The Acting Lord Mayor, Councillor A A Wilson.

8.5	SUBJECT 1/106 Grose Street, North Parramatta (Lot 1 SP 75432) (Elizabeth Macarthur Ward) DESCRIPTION Change of use and fitout to an existing building for a place of public worship for up to 250 people. REFERENCE DA/103/2012 - 21-Feb-2012 APPLICANT/S Life Church Parramatta Inc OWNERS Assall Pty Limited REPORT OF Manager Development Services REASON FOR REFERRAL TO COUNCIL This application is referred to Council for determination as the proposal is for a place of public worship.
	MOTION (Bide/Chedid)
	(a) That consideration of this application be deferred for 2 weeks to enable the staff to give the applicant the opportunity to revisit the amount of parking provided. (b) Further, that an on site meeting be held during normal worship hours.
	AMENDMENT (Issa, OAM MP/Esber)
	(a) That Development Application No. DA/103/2012 for the change of use and fitout to an existing building for a place of public worship for up to 250 people on land at 1/106 Grose Street, North Parramatta be approved subject to conditions of consent as outlined in Attachment 1. (b) Further, that the objectors be advised of Council’s determination of the application.
13200	The amendment was put and carried and on being put as the motion was again carried.
	DIVISION The result being: AYES Councillors G J Elmore, P Esber, J D Finn, A Issa, OAM, MP, S D Lloyd, P K Maitra and M D McDermott. NOES The Acting Lord Mayor, Councillor A A Wilson and Councillors P B Barber, A Bide, J Chedid, P J Garrard and M A Lack.
	NOTE: Councillor P Esber left the meeting at 7.11pm and returned at 7.12pm during consideration of this matter.

8.6

SUBJECT Use of Private Investigators

REFERENCE F2004/06492 - D02391955

REPORT OF Manager Regulatory Services

RESOLVED (Lack/Maitra)

13201

(a) That the report be received and noted.

(b) Further, that the Council continue to undertake inspections and investigation into illegal activities relating to sex premises in accordance with the Restricted Premises Enforcement Policy and the Brothel Amendment Legislation of 2007.

8.7	SUBJECT City Centre Planning Controls REFERENCE F2011/00879 - D02393115 REPORT OF Project Officer - Land Use Planning
	RESOLVED (McDermott/Elmore)
13202	(a) That Council receive and note the issues raised in the submissions regarding the Parramatta City Centre planning controls. (b) Further, that Council note the progression of the amalgamation process of the City Centre planning controls (LEP & DCP) with the comprehensive LEP & DCP with further detailed modelling and testing work to continue to be undertaken.
	NOTE: The Acting Lord Mayor, Councillor A A Wilson and Councillor A Bide requested their names be recorded as having voted against this decision.

8.8

SUBJECT Review of S94A Development Contribution Threshold for Dwelling House Developments and Ancillary Structures

REFERENCE F2008/03205 - D02393186

REPORT OF Project Officer - Land Use Planning

RESOLVED (Esber/Lack)

13203

(a) That Council amend the dwelling house development and ancillary structures threshold to align to the threshold applied to other forms of development in the Parramatta S94A Development Contributions Plan, for the purposes of public exhibition, being:

· 0% for development proposals with an estimated cost up to and including $100,000

· 0.5% for development proposals with an estimated cost between $100,001 and $200,000

· 1.0% for development proposals with an estimated cost in excess of $200,000

(b) That Council amend the Clause detailing timing of payment to ensure that all payments are to be made prior to the issue of a construction certificate, complying development certificate or subdivision certificate.

(c) That delegated authority is issued to the CEO to authorise any minor housekeeping amendments resulting from changes in relevant legislation.

(d) Further, that Council exhibit the amended Parramatta S94A Development Contributions Plan for a period of 28 days and the outcome of the exhibition be reported to Council.

8.9

SUBJECT Sydney Metropolitan Plan Review Discussion Paper Submission

REFERENCE F2011/00084 - D02393684

REPORT OF Manager - City Strategy

RESOLVED (Esber/Chedid)

13204

That Council endorse the submission at Attachment 2 of this report to the NSW State Government’s discussion paper “Sydney over the next 20 years” and forward it to the State Government for consideration.

8.10	SUBJECT Telstra Telecommunication Facility at Mobbs Lane Epping REFERENCE F2010/01038 - D02389908 REPORT OF Manager - Strategic Asset and Property Management
	RESOLVED (Lack/Elmore)
13205	(a) That Council resolve to extend the licence agreement with Telstra for a temporary telecommunication facility at Mobbs Lane Epping on terms as stated in the report. (b) Further, that the Lord Mayor and the Chief Executive Officer be authorized to execute and affix the council seal to the agreement.
	NOTE: The Acting Lord Mayor, Councillor A A Wilson and Councillor P Esber requested their names be recorded as having voted against this decision.

Environment and Infrastructure

9.1

SUBJECT Minutes of the Traffic Engineering Advisory Group meeting held on 7 June 2012

REFERENCE F2012/00040 - D02393567

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Esber/Chedid)

13206

That That the minutes of the Traffic Engineering Advisory Group meeting held on 7 June 2012 be adopted.

9.2

SUBJECT Minutes of the Parramatta Traffic Committee meeting held on 7 June 2012

REFERENCE F2012/00041 - D02393701

REPORT OF Traffic & Transport Support Officer. Traffic and Transport

RESOLVED (Esber/Chedid)

13207

(a) That the minutes of the Parramatta Traffic Committee meeting held on 7 June 2012 be adopted.

Community and Neighbourhood

10.1

SUBJECT Aboriginal and Torres Strait Islander Advisory Committee Meeting 22 May 2012

REFERENCE F2005/01941 - D02387918

REPORT OF Community Capacity Building Officer

RESOLVED (Issa OAM/Maitra)

13208

That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 22 May 2012 be received and noted.

10.2	SUBJECT Housing NSW Strategic Partnership Minutes REFERENCE F2004/05977 - D02389832 REPORT OF Project Officer, Social Outcomes
	RESOLVED (Garrard/Chedid)
13209	(a) That the minutes of the Housing NSW and Parramatta City Council Strategic Alliance meeting on 12 April 2012 (Attachment 1) be received and noted. (b) That Council note there is no request for additional expenditure in this report. (c) Further, that the Department of Housing be requested to meet with Council as a matter of urgency in relation to the Masterplan and environmental studies for Wentworthville.
	NOTE: 1 Councillor J D Finn declared an interest in this matter as an employee of HousingNSW and temporarily retired from the meeting during consideration and voting on this issue. 2 Councillor P Esber left the meeting at 7.45 pm and returned at 7.52 pm during consideration of this matter.

10.3	SUBJECT Minutes of the Western Sydney Local Area Health District and Parramatta City Council Steering Group Meeting - 21 March 2012 REFERENCE F2004/10350 - D02391692 REPORT OF Manager - Social Outcomes
	RESOLVED (Chedid/Lack)
13210	(a) That the minutes of the WS LHD and Parramatta City Council Strategic Partnership meeting on 21 March 2012 (Attachment 1) 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 Investments Report for April 2012

REFERENCE F2009/00971 - D02381943

REPORT OF Manager Finance

RESOLVED (Esber/Issa OAM)

13211

That Council receives and notes the investments report for April 2012.

11.2

SUBJECT Proposed sale of road fronting 76-84 Railway Terrace, Merrylands

REFERENCE F2010/02741 - D02385778

REPORT OF Manager - Strategic Asset and Property Management

RESOLVED (Bide/Esber)

13212

That consideration of this matter be deferred to Closed Session in accordance with Section 10A(2)(c) of the Local Government Act - Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is proposing to conduct business.

11.3

SUBJECT ParraConnect Advisory Committee

REFERENCE F2011/00898 - D02391803

REPORT OF Group Manager- Corporate

RESOLVED (Maitra/Barber)

13213

(a) That the minutes of the ParraConnect Advisory Committee meeting of 19 December 2011, 20 February 2012, 19 March 2012, 21 May 2012 and 6 June 2012 be received and noted.

(b) That Council endorse the Parraconnect Advisory Committee carrying the investigation and evaluation of the mechanisms available to ensure the ongoing success and development of ParraSync.

(c) Further, that a further a report be submitted by the Parraconnect Advisory Committee to Council on the preferred mechanism for ParraSync.

11.4

SUBJECT Review of Policy for Civic Office Expenses and Facilities

REFERENCE F2005/02435 - D02395126

REPORT OF Executive Support Manager

RESOLVED (Esber/Barber)

13214

(a) That Council adopt the revised Civic Office Expenses and Facilities Policy shown at Attachment 1.

(b) Further, that a copy of the adopted Policy be provided to the Division of Local Government in accordance with Section 253(4) of the Local Government Act, 1993.

11.5

SUBJECT Making of Rates and Annual Charges 2012

REFERENCE RA/001252 - D02396541

REPORT OF Manager Finance

RESOLVED (Esber/Lack)

13215

That Council make the following Rates and Charges for the 2012/13 Rating year using the Land Values with a base date of valuation 01 July 2010:-

(A) Ordinary Rates

(1) Residential Rates

(i) In the case of all rateable land within the City of Parramatta which is

Categorised as Residential land, an Ordinary Rate of zero point zero zero two six six four six three (0.00266463) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and eighty two dollars and eighty two cents ($582.82).

(2) Business Rates

(i) In the case of all rateable land within the City of Parramatta which is categorised as Business General land (and is not within the subcategories of Business land referred to in (B)(ii) through to and inclusive of (B)(v) below), an Ordinary Rate of zero point zero one two two two zero six six (0.01222066) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and ninety four dollars and seventeen cents ($594.17).

(ii) In the case of all rateable land within the City of Parramatta which is categorised as business land and is within the sub-category of Central Business District (CBD), because it is within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as Central Business District Centre of Activity, an Ordinary Rate of zero point zero two one seven zero six nine six (0.02170696) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and ninety four dollars and seventeen cents ($594.17).

(iii) In the case of all rateable land within the City of Parramatta which is categorised as Business land and is within the sub-category of Central Business District – Centre of Activity Area No 2, because it is within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as Central Business District Centre of Activity Area No 2, an Ordinary Rate of zero point zero three five seven three eight four one (0.03573841) in the dollar upon the Land Value.

(iv) In the case of all rateable land within the City of Parramatta which is categorised as Business land and is within the sub-category of “ Industrial Centres of Activity” because it is within the suburbs of Camellia, Chester Hill, Clyde, Eastwood, Ermington, Granville, Guildford, Melrose Park, Merrylands, Northmead, North Parramatta, Old Toongabbie, Parramatta, Pendle Hill, Rosehill, Rydalmere, Seven Hills, Toongabbie, Wentworthville and within the geographical areas which are highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as “Business Industrial Centres of Activity “ inclusive, an Ordinary Rate of zero point zero one three one two two zero four (0.01312204) in the dollar upon the Land Value. The minimum amount of the rate which shall be payable for the year in respect of any individual parcel of such rateable land shall be five hundred and ninety four dollars and seventeen cents ($594.17).

(v) In the case of all rateable land within the City of Parramatta which is categorised as Business land and is within the sub-category of “Industrial Centre of Activity No 2” because it is within the geographical area which is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as Industrial Centre of Activity No 2, an Ordinary Rate of zero point zero one three one two two zero four (0.01312204) in the dollar upon the Land Value.

(3) Special Rates

(i) In the case of all rateable land within the City of Parramatta, a Special Rate, which will be known as Open Space Acquisition & Embellishment Special Rate and which will consist of a base amount of seventeen dollars and eight cents ($17.08) calculated to yield fifty percent (50.00%) of the total revenue of $2,099,776.92 for this Special Rate to which will be added an ad valorem amount which will be calculated at a rate of zero point zero zero zero zero six two seven seven (0.00006277) in the dollar upon the Land Value for all such land, for or towards the acquisition of open space including compulsory acquisition and the purchase of remnant bushland, the embellishment and maintenance of public reserve areas, including passive reserve areas and other areas unsuitable for other recreational pursuits, such works, services, facilities or activities being, in the opinion of Council, of special benefit to the whole of the Parramatta Local Government Area.

(ii) In the case of all rateable land within the City of Parramatta with the exception of all rateable land that is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as Central Business District Centre of Activity and Central Business District Centre of Activity Area No 2 and including land categorised as Residential or Business within that geographical area, a Special Rate, which will be known as Suburban Infrastructure Special Rate and which will consist of a base amount of seven dollars and nine cents ($7.09) calculated to yield twenty five point percent (25.00%) of the total revenue of $1,657,303.81 for this Special Rate to which will be added an ad valorem amount which will be calculated at a rate of zero point zero zero zero zero seven eight two six (0.00007826) in the dollar upon the Land Value for all such land, for or towards new infrastructure and environmental works within the suburbs of the Parramatta Local Government area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(iii) In the case of all rateable land within the City of Parramatta that is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as Central Business District Centre of Activity and Central Business District Centre of Activity Area No 2 but excluding land categorised as Residential land within that geographical area, a Special Rate, which will be known as CBD Infrastructure Special Rate and which will consist of an ad valorem amount which will be calculated at a rate of zero point zero zero two zero nine eight four nine (0.00209849) in the dollar upon the Land Value for all such land, for or towards infrastructure improvements within that geographical area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(iv) In the case of all rateable land within the City of Parramatta that is highlighted on the map exhibited for inspection during the exhibition of the Draft Operational Plan as the Economic Development Special Rate area with the exception of all properties categorised as Residential within that area, a Special Rate, which will be known as Economic Development Special Rate and which will consist of an ad valorem amount which will be calculated at a rate of zero point zero zero zero

three eight two six two (0.00038262) in the dollar upon the Land Value for all such land, for or towards the implementation of the Regional Environmental Plan within that geographical area, such works, services, facilities or activities being, in the opinion of Council, of special benefit to that part of Council’s area.

(B) Annual charges:

(1) Domestic Waste Management Charges

In the case of all rateable land within the City of Parramatta, for which a Domestic Waste Management (DWM) service is provided or proposed to be provided in accordance with Section 496 of the Local Government Act as follows:

(a) A DWM Charge of three hundred and nineteen dollars and ninety nine cents ($319.99) for:

(i) removal once weekly of the contents of a 140 litre capacity garbage container, and to make a further pro rata charge for each additional service requested; and

(ii) The removal once fortnightly of a 240 litre recycling bin for all recyclable material such as paper, glass, PET plastics and the like, and to make a further pro rata charge of eighty six dollars and eighty seven cents ($86.87) for each additional fortnightly recycling service;

(iii) The removal once fortnightly of a 240 litre garden waste bin for all grass clippings, prunings, leaves, woodchip and the like, and to make a further pro rata charge of ninety two dollars and ninety five cents ($92.95) for each additional fortnightly garden waste service;

(b) A DWM Charge of four hundred and eighty two dollars and thirty one cents ($482.31) for:

(i) The removal once weekly of the contents of a 240 litre capacity garbage container, and to make a further pro rata charge for each additional service requested; and

(iv) A DWM Availability Charge of fifty five dollars and twenty cents ($55.20), where a domestic waste service is available to vacant residential land.

(2) Commercial Waste Management Charge

In the case of all rateable land within the City of Parramatta, for which a Commercial Waste Management service is provided or proposed to be provided, an annual charge in accordance with Section 501 of the Local Government Act 1993 as follows:

(a) 140 litre Commercial Waste Management Charge

(i) 1 pick up service per week $327.77

(ii) 2 pick up services per week $655.54

(GST Not Applicable)

(b) 240 litre Commercial Waste Management Charge

(i) 1 pick up service per week $493.91

(ii) 2 pick up services per week $987.82

1 pick up recycling service per fortnight $97.24 (GST Not Applicable)

1 pick up garden waste service per fortnight $97.24 (GST Not Applicable)

(3) Stormwater Management Charges

(a) That in the case of all parcels of rateable urban land (excluding strata properties and vacant land) within the City of Parramatta which are categorised as Residential or Residential CBD an annual charge of twenty five dollars ($25.00) per assessment.

(b) That in the case of all rateable strata properties within the City of Parramatta which are categorised as Residential or Residential CBD an annual charge of twelve dollars and fifty cents ($12.50) per assessment.

(c) That In the case of all parcels of rateable urban land within the City of Parramatta which are categorised or sub-categorised as Business properties (excluding vacant land) an annual charge of twenty five dollars ($25.00) per 350 square metres or part thereof capped at two hundred dollars ($200.00).

(d) Further, that in the case of all rateable strata properties within the City of Parramatta which are categorised as Business or Business CBD an annual charge of twenty five dollars ($25.00) per 350 square metres or part thereof capped at two hundred dollars ($200.00). This charge is then divided according to the unit entitlements of each lot.

Notices of Motion

12.1

SUBJECT Future Development of the Camellia Peninsula

REFERENCE F2005/02220 - D02392140

REPORT OF Councillor J Chedid

RESOLVED (Chedid/Bide)

13216

(a) That the CEO undertake a study to investigate the options for the future development of the Camellia peninsula, this study should consider how future development could assist is the remediation of the contamination in the peninsula and promote the economic development of our city.

(b) That the abovementioned study also include consideration of the viability of the continuation of Grand Avenue through to Holker Street, Newington and the possible retention of railway easements.

(c) Further, that advice on the different contaminants evident in the locality and the economic viability of remediating the area also be provided.

12.2

SUBJECT Use of Section 94A Monies - Purchase of properties bounded by Balmoral, Kleins and Beamish Roads, Northmead

REFERENCE F2008/03205 - D02395281

REPORT OF Councillor P Esber

RESOLVED (Esber/Lloyd)

13217

That Council prepare a report to consider including in the Section 94A Work Programme the purchase of properties bounded by Balmoral, Kleins and Beamish Roads, Northmead to facilitate the provision of approximately 90 public car parking spaces, such report to be submitted to the Council Meeting to be held on 23 July 2012.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 8.37 pm for a period of 16 minutes.

RESUMPTION OF MEETING

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

12.3	SUBJECT Acknowledgement of Selection of Kristy Pond to represent Australia at the London Paralympic Games. REFERENCE F2004/10253 - D02397519 REPORT OF Councillor P J Garrard
	RESOLVED (Garrard/Lloyd)
13218	(a) That Parramatta City Council formally acknowledges the athletic achievements of Kristy Pond in being selected to represent Australia at the London Paralympic Games. (b) That Kristy Pond be congratulated on behalf of the City of Parramatta for this momentous achievement at such a young age. (c) That Parramatta City Council supports the “Kristy Pond Fundraising Campaign” with a $5,000 donation, payable from the appropriate account. (d) That Council undertake to approach Kristy Pond as to whether she would be willing to accept the privilege of being made a ‘sporting ambassador’ for our City of Parramatta. (e) Further, that in the event that Kristy Pond is agreeable to undertake that role, then Council’s communication people liaise with her in order to maximise the benefits which may be achieved for the City within such a role.
	NOTE: Councillors P Esber and A Issa, OAM, MP returned to the meeting at 8.54 pm during consideration of this matter.

CLOSED SESSION

NOTE In accordance with the requirements of the Local Government Act,1993, the Acting Lord Mayor asked the gallery if any person wished to make representations in relation to the items listed in Closed Session.

No member of the gallery wished to make a submission.

RESOLVED (Esber/Barber)

13219

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:-

11.2 Proposed sale of road fronting 76-84 Railway Terrace, Merrylands (D02385778) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business (Deferred from Open Council).

1 Review of land reserved for acquisition. (D02393785) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

2 Parramatta Arts Fellowship 2012. (D02390796) - This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

3 Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff. (D02394778) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals.

4 Real Estate Agent Panel Tender 16/2012. (D02392200) - 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.

Note

Councillor J Chedid (9.47pm) and Councillor P Esber (9.49pm) retired from the meeting during Items 13.3 and 13.4 of Closed Session respectively.

RESUMPTION OF MEETING

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

11.2

SUBJECT Proposed Sale of Road Fronting 76-84 Railway Terrace, Merrylands

REFERENCE F2010/02741 - D02385778

REPORT OF Manager Strategic Asset and Property Management

RESOLVED (Bide/Esber)

13220

(a) That consideration of this matter be deferred pending a report from the valuer on how it was decided on the discount allowances for limited market and relocation of services

(b) That a second independent valuation be called for in the same terms as the first valuation.

(c) Further, that Council receive a report on the account in which the monies recouped will be placed, once received.

13.1

SUBJECT Review of land reserved for acquisition

REFERENCE F2011/00894 - D02393785

REPORT OF A/Manager Land Use Planning

RESOLVED (Chedid/Issa OAM MP)

13221

(a) That Council endorse the list of properties to be included in the land acquisition map as outlined in the report for further investigation subject to the addition of possible access to Edna Hunt Reserve from Cocos Avenue, Eastwood.

(b) Further, that the anticipated cost of the land acquisitions and the potential source of funds be investigated and a further report be presented to Council.

13.2

SUBJECT Parramatta Arts Fellowship 2012

REFERENCE F2012/00679 - D02390796

REPORT OF Coordinator. Artist Studios

RESOLVED (Barber/Chedid)

13222

That Council awards the 2012 Parramatta Arts Fellowship to artist Melinda Tyquin

13.3

SUBJECT Report Required under section 339 of the Local Government Act 1993 in respect of contractual conditions of senior staff

REFERENCE F2005/02722 - D02394778

RESOLVED (Barber/McDermott)

13223

(a) That the contents of this report be received and noted.

(b) Further, that the Chamber appreciates the role of the CEO in being responsible for staff but requests that a further report be provided on the KPIs for the organisation’s senior managers and their operations.

13.4

SUBJECT Real Estate Agent Panel Tender 16/2012

REFERENCE F2011/03835 - D02392200

REPORT OF Development Manager. Property Development

RESOLVED (Lack/Garrard)

13224

(a) That Council decline to accept any of the tenders received for the Real Estate Agent Panel in accordance with Regulation 178(1)(b) of the Local Government Regulation 2005 (LG Regulation).

(b) That Council authorises the entry into negotiations with person(s) (whether or not the person was a tenderer) selected by the CEO in consultation with the Chair of the Evaluation Committee as set out in the report with a view to forming the real estate agent panel described in the report.

(c) Further, that Council’s reasons for declining to invite fresh tenders under section 167, 168 or 169 of the Regulation include:

 The extensive time delay associated with inviting fresh tenders;

 The cost of inviting fresh tenders.

The meeting terminated at 10.01pm.

THIS PAGE AND THE PRECEDING 22 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 25 JUNE 2012 AND CONFIRMED ON MONDAY, 9 JULY 2012.

Lord Mayor