MINUTES OF THE Meeting of Parramatta City Council HELD IN THE Council Chamber, CIVIC PLACE, PARRAMATTA ON Monday, 23 July 2012 AT 6.46 pm

 

The Lord Mayor, Councillor L E Wearne in the Chair and Councillors P B Barber (retired 9.50 pm), A Bide, J Chedid, G J Elmore, P Esber, J D Finn (retired 11.32 pm), P J Garrard, A Issa, OAM MP, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott (retired 11.05pm) and A A Wilson (Deputy Lord Mayor).

 

 

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS

 

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

 

 

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.

 

 

MIGRANT ACKNOWLEDGEMENT

 

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

 

All these elements holistically make Parramatta what it is today.

 

 

REPRESENTATIVES FROM THE DIVISION OF LOCAL GOVERNMENT

 

 

The Lord Mayor also acknowledged the presence in the gallery of Grant  Astill and Chris Duff from the Division of Local Government.

 

 

MINUTES

 

 

SUBJECT          Minutes of the Council (Development)  Meeting held on 9 July 2012

 

RESOLVED      (Esber/Maitra)

 

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

 

 

 

 

 

 

DECLARATIONS OF INTEREST

 

 

1                Councillor C X Lim declared an interest in relation to Item 9.2 regarding Economic Development Levy recommended project allocation for financial year 2012/2013 as a proposal was received from the Asia Business Connection, an organisation for which Councillor Lim is a Board Member.

 

2                Councillor J D Finn declared an interest in relation to Item 11.6 of Community and Neighbourhood regarding the report on possible T-way to Granville and upgrade to the Transport Interchange and commuter car parking in Granville as Councillor Finn is an employee of Transport for NSW.

 

3                Councillor J D Finn declared an interest in relation to Item 14.3 of Closed Session regarding Tender No. 11/2012 Western Sydney Light Rail Feasibility Study - Transport Study as Councillor Finn is an employee of Transport for NSW.

 

4                Councillor G J Elmore declared a non pecuniary interest in relation to Item 14.4 of Closed Session regarding Potential Acquisition of Land in Guildford for Local Open Space as Councillor Elmore knows one of the owners of the properties.

 

 

LORD MAYORAL MINUTES

 

 

1

SUBJECT          Civic Dinner

REFERENCE   F2011/02274

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Maitra)

 

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(a)      That Council hold a Civic Dinner to recognise Councillor Tony Issa OAM MP for his 25 years of service to the City of Parramatta.

(b)      That Councillors who are retiring or not returning for the next Council term also be recognised for their service at the Civic Dinner.

(c)        Further, that Council authorise the allocation of $15,000 from the Lord Mayor’s budget to hold the event.

 

 

NOTE:       Councillor A A Wilson left the meeting at 6.48 pm during consideration of this matter.

 

 

2

SUBJECT          Queen Elizabeth II's Diamond Jubilee

REFERENCE   F2011/02274

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Lloyd)

 

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(a)     That Council write to Queen Elizabeth II, on behalf of the people of Parramatta, to congratulate her on her 60 years on the throne.

(b)     Further, that Council commission a commemorative scroll to be sent to the Queen as a gift from the people of Parramatta.

 

 

NOTE:       Councillor A A Wilson returned to the meeting at 6.49 pm during consideration of this matter.

 

 

 

3

SUBJECT          Green Paper and Local Government Review

REFERENCE   F2011/02274

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Wilson)

 

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(a)      That Council gives the CEO and the Lord Mayor the authority to make a submission or take part in the NSW Government’s community consultations for A New Planning System for NSW – Green Paper and the review of NSW Local Government.

(b)      That Council write to the Local Government Review Panel seeking additional tour dates and locations to be added to the ‘listening tour’.

(c)       That Council expresses it concerns with proposals to reduce public consultation relating to residents’ rights to make submissions on development applications.

(d)      That Council expresses its concerns regarding the deadline for submissions for A New Planning System for NSW – Green Paper, which is one week after Local Government elections.

(e)      That Council write to the NSW Premier seeking a one-month extension to the deadline for submissions for A New Planning System for NSW – Green Paper.

(f)       Further, that Council write to the Western Sydney Regional Organisations of Councils (WSROC) seeking its support to ask the Premier for a one-month extension to the deadline for submissions for A New Planning System for NSW – Green Paper.

 

 

NOTE:       Councillor P Esber left the meeting at 6.51 pm and returned at 6.54 pm during consideration of this matter.

 

PUBLIC FORUM

 

1

SUBJECT          Planning Proposal for land at 158 - 164 Hawkesbury Road and Part 2A Darcy Road, Westmead

REFERENCE   RZ/4/2011

FROM                 Mr Peter Eeles

 

STATEMENT

 

By Mr Peter Eeles:-

 

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“Lord Mayor, my name is Peter Eeles, I am the Director of Campus Development at the University of Western Sydney. I draw Council's attention to the University's Westmead rezoning proposal. Firstly, on behalf of the University I would like to thank Council staff for their diligence in this matter. This statement relates to the progress of this proposal which is to be considered by Council tonight. The Westmead rezoning is part of a far broader initiative by UWS to significantly heighten its presence in and engagement with the Parramatta community. A recent Deloitte study confirmed that the University makes an economic contribution of over $845 million to the western Sydney region and creates more than 8,800 jobs. We recognise Parramatta's progressive and innovative strategic orientation and as such are committed to focusing a large component of that benefit on the Parramatta LGA. Given our proven track record, UWS has no doubt that it can play a leading role in supporting the goals of the Lord Mayor's 'Parramatta 10,000' campaign. May I add that the University was also very encouraged by the Lord Mayor's call - at the recent Economic Development Forum – for greater investment in ‘a new vibrant commercial precinct for the City of Parramatta that will span the Rydalmere Technology precinct, the University of Western Sydney [and the] Westmead Biomedical precinct’ . Again, UWS is striving to respond to this invitation from Council. What we need tonight is for Council to show that they are indeed committed to fulfilling their vision for the Parramatta LGA. Working with UWS to take the critical next steps at Westmead would be an undeniable signal that Parramatta means business. Thank you.”

 

 

 

 

2

SUBJECT          Smoking in Public Places and Outdoor Dining Policy

REFERENCE   F2012/00430

FROM                 Omar Besiso

 

QUESTIONS

 

By Mr Omar Besiso:-

 

 

” 1    On the 9th of July 2012 council meeting, the Lord Mayor accused Councillors of “flip flopping” like fish?  Is it acceptable to the Lord Mayor to belittle the right of the councillors to review their decisions in light of changing circumstances and to change their mind, multiple times if necessary,  given how their decisions affect peoples' livelihoods and specifically in the smoking ban case where new circumstances arose since the passing of the December 2011 Resolution, such new circumstances including:

 

(a)       Legal proceedings being conducted in court and council spending precious Rate Payers’ money on expensive litigation, let alone the fact that the association “WON” and got awarded legal costs.

 

(b)       The State Governments confirming that it proposes to impose a Smoking Ban from 2015, which wasn’t the case when the council voted on the ban in December 2011.

 

(c)        The fact that the Court has held that Council Staff have unlawfully and wrongfully amended the Policy.

 

(d)       The fact that Council Staff are now asking Councillors to approve a resolution to which applies retrospectively.  As Councillor Wilson said at the meeting of 9 July 2012, he has some concerns about this.  I question whether it is lawful for Council to now pass a resolution to apply a policy retrospectively.  Has Council obtained legal advice on this point to save the matter going back to Court and wasting more Rate Payers’ money on legal costs?

 

(e)       Has Council considered whether it is lawful for it to role out a “one size fits all” policy on all al fresco dining areas irrespective of the very different contents of each Application for Outdoor Dining?  Has Council obtained legal advice on this point to save the matter going back to Court and wasting more Rate Payers’ money on legal costs?

 

(f)        Given that a Council election is happening on 8 September 2012, why isn’t it appropriate to leave this difficult matter for decision by the newly elected Council, rather than to force it through now, and only having the matter re-visited by the new Council a matter of weeks away, or by further Court action?

 

2      For a while now, the Association has repeatedly advised Councillors and the public that its stance is not pro smoking.  If the State ban was to be implemented tomorrow then there is no issue, every business in the State would have the same level playing field.  To Paraphrase Clr. Andrew Bide from last meeting, it is nothing short of ridiculous for customers to be able to walk across the street from the Parramatta LGA to say Merrylands or Auburn to be able to smoke.  Hence the question arises – Is it not wiser to simply allow the State Government to implement a ban on smoking that is State Wide such as not to penalise Parramatta Restaurants, and Parramatta businesses generally given the flow on effects on other businesses if patrons avoid Parramatta as an “eat street” destination?

 

3      On the subject of health, is it Council’s proposal to ban other legal substances that are not healthy in the vicinity of al fresco dining areas such as:

 

(a)       Banning the busses, trucks, motor vehicles and motorcycles from “eat street” such as to avoid carbon monoxide poisoning from mixing with food and drinks?

 

(b)       Has Council conducted any studies on the level of Carbon Monoxide poison in the vicinity of food and drinks in “eat street” and its effects on health?  If not, does Council propose to do so?

 

(c)        Does Council propose to monitor menus used in the al fresco dining areas such as to ban the sale and consumption of foods that are noted as being not healthy such as soft drinks with their high sugar content, fatty foods etc which are making Australia one of the most obese nations on the planet, if not the most obese?

 

(d)       Does Council propose to ban alcohol consumption, or to refuse DA consents for establishments serving alcohol, given the adverse effects on health, and its contribution to the road toll causing many deaths annually? 

 

4       Lord Mayor and Councillors, at the end of the day, if a ban on smoking is to be implemented, it must be done in a manner that is FAIR and JUST.  The question is not simply about whether Council has Power to ban smoking, it is about whether such power should be exercised by our Local Government.  Justice is why we all are here in this great country of ours:

 

(a)       So how is it fair to the businesses to lose customers to other suburbs that do not impose a smoking ban?

 

(b)       How is it fair that 75 restaurants with outdoor dining areas get punished for occupying land from the council while others who have their own land continue to allow smoking customers?

 

(c)        How is it fair that again and again, we see the well organised anti-smoking lobby, speaking about getting annoyed by smokers in outdoor dining areas when they can simply choose to vote with their feet and go to the many restaurants in Parramatta LGA with non-smoking policies?

 

(d)       How is it fair that a restaurant owner who signed a 15 year lease on the basis of a regime that allows smoking, and who purpose built a restaurant for smoking, and then gets disadvantaged by the council taking his customers away to neighbouring suburbs? Why is it fair to punish him/her and their employees from being in Parramatta?”

 

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NOTE:

 

The Lord Mayor indicated that this particular public forum repeated earlier public forums and included subjective questions.

 

The Lord Mayor further indicated that a written response would be provided. 

 

 

 

 

 

 

3

SUBJECT          Smoking in Public Places Policy and Outdoor Dining Policy

REFERENCE   F2012/00430

FROM                 Tony Grgic

 

1                    Are you aware that your decision banning smoking in open space restaurants may send some business owners broke as the smokers will move to other areas where it is legal to smoke and have a coffee or a meal i.e. Auburn, Merrylands or Bankstown to enjoy the food, coffee and a smoke/argily?

 

2                    Is the Council aware that there were two other businesses (Restaurants) at the same location from which Armani restaurant is operating now that had to close their business? They did not close their business because they made money, but because they lost money.  Is Council aware that a smoking ban will cause Armani to close down leading to loss of many jobs and custom for Parramatta?

 

3                    Is the Council aware that people like Armani brought in a formula that works, and many other businesses have followed them, resulting in more people coming to Parramatta for outdoor eating  area where the people are allowed to smoke.  This increased the revenue to Parramatta businesses area, especially on weekends?

 

4                    Is the council aware that allowing smokers to enjoy a cigarette with coffee or after a meal in the open makes them feel normal, instead of having to go on the footpath away from friends to have a cigarette, and to litter their cigarette butts on public spaces?

 

5                    I would not recommend anyone to smoke, even if I do.  However, this has nothing to do with smoking or not smoking.  This has to do with the fact that you have given permission to people to open a business on a module that includes smoking cigarettes and argily, and whilst cigarettes are legal to purchase for people over 18, is it fair and reasonable for Council to ban an activity which is legal.

 

6                    Is the council aware that there are people coming to these restaurants from Castle Hill and other areas so they can have a meal and or argily and they do not smoke cigarettes, and that argyle tobacco has about 10% tobacco only with the balance being fruit and molasses?

 

7                    Is the council aware to some people smoking argily after a meal is a cultural celebration – particularly for our middle eastern population?

 

8                    Is the council aware that their action will have adverse result to the local restaurants and business will go to other areas like Auburn, Bankstown or Auburn?

 

9                    Has the council considered financial stress the smoking ban will cause, and its ripple effect on business owners, their many employees who have a job to support their families,  building owners who collect rent and pay Council’s rates -  as the businesses will shut down, building owners will have vacant premises, employees will lose their jobs?

 

10               How much money did Council spend on the recent court case about the smoking ban?  What action has been taken to ensure that Council staff don’t overstep their powers again?  Does Council propose to continue to pay for legal costs incurred by fighting its own constituents, just because you can, and what accountability do you have for wasting hard earned Rate Payers’ money on legal cases that you have lost?

 

11               Does Council understand that its decisions should have nothing to do with their beliefs, egos or anything personal and that every decision must be for the benefit of the people of Parramatta whom Councillors represent?”

 

NOTE:       The Lord Mayor indicated that this public forum was mainly subjective and there would be no response given to question 10 (concerning legal costs) because the matter remains before the Courts. 

 

 

 

 

 

4

SUBJECT          On Site Meeting - 45 - 49 Spurway Street, Ermington

REFERENCE   DA/109/2012

FROM                 Ray Bayeh

 

STATEMENT

 

By Mr Ray Bayeh:-

 

 

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“Dear Lord Mayor, Deputy Lord Mayor & Councillors,

 

Re: DA/109/2012 -Onsite Meeting held on 23rd June, 2012 at 45-49 Spurway Street, Ermington

 

We would like to thank-you for taking the time to listen to the concerns of Ermington residents raised at the onsite meeting against the proposed boarding house development at 45-49 Spurway Street. We appreciate the support and comments that you made at the meeting and look forward to your further involvement in the matter.

 

The draft assessment report has been available for public viewing on the Parramatta Council website since June 2012, and was unintentionally uploaded due to an administrative error. As a result of this procedural breakdown Ermington residents believe that now the Planning department has very little room to move in their assessment of the proposed boarding house with the issues raised at the onsite meeting. This is evident from comments made by the spokesman for the Revelop, Anthony El-Hazouri who stated in the Parramatta Advertiser (June 27th, pg3) that “council officers had recommended the development for approval because it met all the guidelines”.

 

The draft assessment report “noted that the development does not satisfy all of the requirements of the character test however the non-compliances are not considered to adversely impact on the character of the area and do not warrant refusal of the application”. The residents of Ermington strongly disagree with this statement!!

 

According to the report the areas that are non-compliant with the local character are as follows:-

 

Site Amalgamation – the sites adjoining and those along Spurway Street are predominantly single allotments. Therefore, the amalgamation of 2 lots to allow for the boarding house is not consistent with the existing primary allotment patterns.

 

Unit Mix –                    within the identified precinct the dominant character is detached dwellings, the majority containing 3 bedrooms. The original boarding house development has 14 units, with council recommending this be reduced to 12 units.

 

Occupancy type – this development is inconsistent with the current tenancy profile of the area as the proposal provides for transient residents as opposed to owner-occupied.

 

Side Setback – different to standard within the identified visual catchment.

 

Rear setback –      is compliant subject to a council condition increasing the setback to 11.7 metres or 25.6% the site length. However, the Parramatta DCP states that residential developments in an R2 zone must have a rear setback of 30% of the site length, which is equivalent to 13.7 metres. In our opinion this is unacceptable and the rear setback should be at least 30% and not 25.6%.

 

Also, Ermington residents are extremely worried that DA/109/2012 is in reality enabling the first stage of a multiple boarding house development, with the re-subdivision of 3 lots into 2 being a precursor for the second stage. This is also obvious from reviewing the plans where the side setbacks are 4.5m from the southern boundary and 1.5m on the northern side. It is very coincidental that the 4.5m setback on the plan is exactly half of the required distance to satisfy the visual & acoustic privacy requirements as per the DCP which is shown below.

 

C.3 Multi Dwelling Housing – Part 3: Development Principles - Parramatta Development Control Plan 2011 states the following:-

 

‘Minimum of 9m separation is required between buildings within the development site where habitable rooms face non-habitable rooms or blank walls.’

 

Also the Developer refused to rule out this possibility when directly questioned on this during the on-site meeting and stated there are no plans to build a second boarding house ‘at this stage’.

 

We firmly believe that the proposed boarding house development is entirely inappropriate for the site which is in very close proximity to a primary school. Ermington residents require your help in opposing the DA and also to vote against this abomination which has the potential to forever ruin the local character of the area.

 

We look forward to Council rejecting this application outright, so Ermington residents can go back to enjoying their lives rather than being subjected to such unnecessary stress and pressure.”

 

Rescission Motions

 

8.1

SUBJECT          Smoking in Public Places Policy and Outdoor Dining Policy Update

REFERENCE   F2012/00430 - D02427009

REPORT OF     N/A

 

MOTION             (Issa, OAM, MP/Lim)

 

 

That the resolution of the Council (Development) Meeting held on 9 July 2012 in relation to item 13.1 of Community and Neighbourhood regarding a Smoking in Public Places Policy and Outdoor Dining Policy Update as follows:-

 

(a)      That Council adopts the updated Smoking In Public Places Policy and the Outdoor Dining Policy attached to this report.

(b)      That the Chief Executive Officer be authorised to make minor administrative amendments to the policies attached to this report provided these amendments do not change the intent of the policies and all changes of an administrative nature made be reported to Council.

(c)       That the policies attached to this report apply to the determination of any application to which the policies are relevant from the date of adoption of the policies attached to this report irrespective of the date of any application to which the policies are relevant.

(d)      Further, that the Chief Executive Officer ensure that the all other elements of Council’s resolution of 12 December 2011 are implemented.

 

be and is hereby rescinded.

 

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The motion was put and lost.

 

 

Economy and Development

 

 

9.1

SUBJECT          45-49 Spurway Street, Ermington
(Lots 66-68 DP 16170) (Lachlan Macquarie Ward)

DESCRIPTION Consolidation, subdivision, demolition and construction of a 2 storey boarding house comprising 14 rooms under the provisions of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

REFERENCE   DA/109/2012 - 24 February 2012

APPLICANT/S  Revelop Projects

OWNERS          Mr M El Bayeh

REPORT OF     Manager Development Services. Also late memorandum from Senior Development and Certification Officer dated 23 July 2012.

REASON FOR REFERRAL      

                            This application is referred to Council for determination as the proposal is for a boarding house and due to the number of submissions received.

 

 

RESOLVED      (Esber/Wilson)

 

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That the application be refused for the following reasons:-

1.      The development is not in the public interest.

2.      The development is inconsistent with the character of the area.

3.        The development will have an adverse impact on the amenity of the area.

4.        The application fails to address Council’s DCP in relation to room occupancy.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, G J Elmore, P Esber, J D Finn, P J Garrard, M A Lack, C X Lim, S D Lloyd, P K Maitra, M D McDermott and A A Wilson.

 

NOES            Councillors P B Barber and A Issa, OAM, MP.

 

 

NOTE:       Councillor P Esber left the meeting at 7.52 pm and returned at 7.53 pm during consideration of this matter.

 

 

 

9.2

SUBJECT          Economic Development Levy recommended project allocation for financial year 2012/2013

REFERENCE   F2011/02464 - D02427150

REPORT OF     Manager Economic Development

 

RESOLVED      (Bide/Lloyd)

 

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 (a)    That Council receive the levy expenditure report from financial year 2011-2012 and note expenditure is in line with approved allocations with minimal variance (Attachment 1).

(b)     That Council note that a competitive process has been undertaken to assess applications for the Economic Development Partner’s Fund 2012-2013 as per Council Resolution of 7 November 2011. Further, that Council endorse the Assessment Panel’s recommendation to fund partners to a total of $70,000 from the Economic Development Levy; $10,000 more than originally intended (Attachment 2).

(c)     That Council endorse the expenditure plan for Year Two of the Economic Development Strategy (Attachment 3 and Background below).

(d)     Further, that Council approve the following items to be funded from the Economic Development Levy Reserve: $80,000 Rydalmere Project and $20,000 Small Business Hub (both unspent from last year), and $60,000 casual staff for upkeep of Discover Parramatta website/database (Attachment 3).

 

 

NOTE:       During discussion of this matter, Councillor Lim noted that the report on this issue made reference to the Asia Business Connection as having submitted a proposal.

 

                    As Councillor C X Lim is a Board Member for this organisation, he immediately retired from the meeting at 8.09 pm, taking no part in the decision made on this matter.

 

 

 

 

9.3

SUBJECT          Use of development contributions for purchase of properties bounded by Balmoral, Kleins and Beamish Roads, Northmead for car parking.

REFERENCE   F2005/01594 - D02419879

REPORT OF     Project Officer, Land Use Planning

 

MOTION             (Esber/Elmore)

 

 

That a Councillor Workshop be held to discuss options for the use of S94 development contributions collected for traffic projects under superseded contribution plans, including consideration of the use of those funds for car parking in Northmead, for example.

 

 

AMENDMENT   (Lim/Chedid)

 

 

That a Councillor Workshop be held to discuss options for the use of S94 development contributions collected for traffic projects under superseded contribution plans, including consideration of the use of those funds for car parking in Northmead, for example, and the dynamic relationships with the Westmead Hospital and local medium density residences.

 

 

The amendment was put and lost.

 

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The motion was put and carried.

 

 

NOTE:     1         Councillor C X Lim returned to the meeting at 8.11 pm during consideration of this matter.

 

                  2         Councillor J Chedid left the meeting at 8.22 pm and returned at 8.24 pm during consideration of this matter.

 

 

 

9.4

SUBJECT          Heritage Advisory Committee for June 2012

REFERENCE   F2005/01945 - D02420559

REPORT OF     Project Officer- Land Use Planning

 

RESOLVED      (Chedid/Bide)

 

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That the minutes of the Heritage Advisory Committee meeting of 20 June 2012 be received and noted.

 

 

 

 

9.5

SUBJECT          Planning Proposal for land at 158-164 Hawkesbury Road and Part 2A Darcy Road, Westmead

REFERENCE   RZ/4/2011 - D02422392

REPORT OF     A/Manager Land Use Planning

 

MOTION             (Bide/Chedid)

 

 

 (a)    That the planning proposal at Attachment 1 to amend the Parramatta LEP 2011 on land at 158-164 Hawkesbury Road and part 2A Darcy Road, Westmead 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 the site specific DCP at Attachment 2, being an amendment to the Parramatta DCP 2011, be endorsed for the purposes of public exhibition.

(c)     That prior to public exhibition, the Built Forms Control Map and Indicative Concept Plan in the site specific DCP at Attachment 2 be amended to reflect the enlarged heritage curtilage.

(d)     That subject to Gateway determination, the planning proposal be publicly exhibited simultaneously with the site specific DCP.

(e)     Further, that a report be put to Council following the public exhibition.

 

 

AMENDMENT            (Finn/Maitra)

 

 

(a)     That the planning proposal at Attachment 1 to amend the Parramatta LEP 2011 on land at 158-164 Hawkesbury Road and part 2A Darcy Road, Westmead be 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 the site specific DCP at Attachment 2, being an amendment to the Parramatta DCP 2011, be endorsed for the purposes of public exhibition.

(c)     That prior to public exhibition, the Built Forms Control Map and Indicative Concept Plan in the site specific DCP at Attachment 2 be amended to reflect the enlarged heritage curtilage.

(d)     That subject to Gateway determination, the planning proposal be publicly exhibited simultaneously with the site specific DCP.

(e)     Further, that a report be put to Council following the public exhibition.

 

 

 

The amendment was put and lost.

 

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The motion was put and carried.

 

 

DIVISION      The result being:

 

AYES             The Lord Mayor, Councillor L E Wearne and Councillors A Bide, J Chedid, P J Garrard, A Issa, OAM, MP, M A Lack, M D McDermott and A A Wilson.

 

NOES            Councillors P B Barber, G J Elmore, P Esber, J D Finn, C X Lim, S D Lloyd and P K Maitra.

 

 

NOTE:        Councillor P B Barber left the meeting at 8.38 pm and returned at 9.03 pm during consideration of this matter.

 

 

 

9.6

SUBJECT          Future Development of Auto Alley

REFERENCE   F2011/02749 - D02425020

REPORT OF     A/Manager Land Use Planning

 

MOTION             (Chedid/Bide)

 

 

(a)     That Council receive and note the submissions made during the public consultation of the options and Urban Design Analysis for the Auto Alley precinct.

(b)     That Council adopt and forward Option 2B to the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure for their consideration during the preparation of the draft Urban Renewal Study.

(c)     That Council adopt and outline the importance of retaining the highest percentage of employment lands in Auto Alley within a B5 Business Development zone to the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure.

(d)     That Council request the Sydney Metropolitan Development Authority to prepare the studies identified in this report, in consultation with Council, prior to the statutory exhibition of the draft Urban Renewal Study.

(e)     Further, that Council advises the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure of its objection to amending the planning controls for the area marked ‘A’ in Attachment 3.

 

 

AMENDMENT   (McDermott/Wilson)

 

 

 (a)    That Council receive and note the submissions made during the public consultation of the options and Urban Design Analysis for the Auto Alley precinct.

(b)     That Council adopt and forward Option 1B to the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure for their consideration during the preparation of the draft Urban Renewal Study.

(c)     That Council adopt and outline the importance of retaining the highest percentage of employment lands in Auto Alley within a B5 Business Development zone to the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure.

(d)     That Council request the Sydney Metropolitan Development Authority to prepare the studies identified in this report, in consultation with Council, prior to the statutory exhibition of the draft Urban Renewal Study.

(e)     Further, that Council advises the Sydney Metropolitan Development Authority and the Minister for Planning and Infrastructure of its objection to amending the planning controls for the area marked ‘A’ in Attachment 3.

 

 

PROCEDURAL

MOTION             (Wilson)

 

 

The question be put.

 

 

The procedural motion was put and carried.

 

 

The amendment was put and lost.

 

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The motion was put and carried.

 

 

DIVISION      The result being:

 

AYES             Councillors P B Barber, A Bide, J Chedid, P Esber, P J Garrard, A Issa, OAM, M A Lack, C X Lim and S D Lloyd.

 

NOES            The Lord Mayor, Councillor L E Wearne and Councillors G J Elmore, J D Finn, P K Maitra, M D McDermott and A A Wilson.

 

 

NOTE:        1      Councillor P Esber left the meeting at 9.15 pm and returned at 9.17 pm during consideration of this matter.

 

                     2      Councillor C X Lim left the meeting at 9.29 pm and returned at 9.31 pm during consideration of this matter.

 

                     3      Councillor A Wilson left the meeting at 9.43 pm and returned at 9.46 pm during consideration of this matter.

 

 

 

 

 

 

 

 

9.7

SUBJECT          Reaffirming the Council members to the Sydney West Region Joint Regional Planning Panel

REFERENCE   F2011/02453 - D02426799

REPORT OF     Group Manager Outcomes and Development

 

RESOLVED      (Lack/Elmore)

 

13264

 (a)      That Council reaffirm the Council members to the Joint Regional Planning Panel as Councillors J D Finn and M McDermott and Councillor A Wilson as the alternative, and these appointments be until 30 September 2012.

(b)       Further, that following the September Council elections, the Council consider who should be appointed as the Council representatives on the Sydney West Region Joint Regional Planning Panel.

 

 

 

ADJOURNMENT OF MEETING

 

 

In accordance with Council's decision of 23 October 2000 (Minute No 5712) the meeting adjourned at 9.50 pm for a period of 14 minutes.

 

 

RESUMPTION OF MEETING

 

 

The meeting resumed in the Council Chamber at 10.04 pm, there being in attendance The Lord Mayor, Councillor L E Wearne and Councillors A Bide, G J Elmore, P Esber, J D Finn, P J Garrard, A Issa, OAM, MP, M A Lack, C X Lim, S D Lloyd, M D McDermott, P K Maitra and A A Wilson.

 

 

Environment and Infrastructure

 

 

 

10.1

SUBJECT          Draft Duck River Catchment Waterways Maintenance & Rehabilitation Master Plan and Upper Duck River Riparian & Wetland Plan of Management

REFERENCE   F2004/06136 - D02400220

REPORT OF     Senior Open Space and Natural Resources Manager

 

RESOLVED      (Esber/Elmore)

 

13265

 (a)    That the Draft Duck River Catchment Waterways Maintenance and Rehabilitation Master Plan and the Draft Upper Duck River Riparian and Wetland Plan of Management (Attachments 1 & 2) be placed on exhibition for a period of 28 days at the Parramatta City (central) Library, Granville Library, the Darcy Street Administration Building Customer Service Centre and on Council’s website.

(b)     Further, that a report of the public submissions be brought back to Council for consideration following the exhibition period.

 

 

 

 

10.2

SUBJECT          Parramatta City Ring Road

REFERENCE   F2011/03214 - D02412784

REPORT OF     Traffic & Transport Support Officer. Traffic and Transport

 

MOTION             (Finn/Maitra)

 

 

(a)       That Council support, in principle, the concepts outlined in the report for the  Parramatta City Ring Road.

(b)       That the proposed Ring Road be endorsed for public exhibition.

(c)        That Council seek a partnership with Roads and Maritime Services to   implement the Parramatta City Ring Road.

(d)       Further, that Council promote the Parramatta City Ring Road as part of the growth plans for the CBD.

 

 

AMENDMENT   (Bide/Lim)

 

 

(a)      That Council support, in principle, the concepts outlined in the report for the Parramatta City Ring Road.

(b)      That Council seek a partnership with Roads and Maritime Services to  implement the Parramatta City Ring Road.

(c)       Further, that Council promote the Parramatta City Ring Road as part of the growth plans for the CBD.

 

13266

The amendment was put and carried on the Lord Mayor’s casting vote and on being put as the motion was again carried on the Lord Mayor’s casting vote.

 

 

NOTE;        1      Councillor J Chedid returned to the meeting at 10.05 pm during consideration of this matter.

 

                     2      Councillor S D Lloyd left the meeting at 10.05 pm and returned at 10.07 pm during consideration of this matter.

 

 

 

 

10.3

SUBJECT          Barry Wilde Bridge Sewer Pipe Relocation

REFERENCE   F2010/02284 - D02416313

REPORT OF     Senior Project Officer – Environmental Outcomes

 

RESOLVED      (Esber/Chedid)

 

13267

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

(b)      That the CEO be authorised to continue investigations into options for relocation of the sewer pipe.

(c)       Further, that a report on the outcomes of these investigations be presented to Council for its consideration.

 

Community and Neighbourhood

 

 

 

11.1

SUBJECT          2013 Parramatta City Council Community Grants Program

REFERENCE   F2012/01710 - D02407250

REPORT OF     Grants Officer

 

RESOLVED      (Issa OAM, MP/Lloyd)

 

13268

 (a)      That the 2013 Parramatta City Council Community Grants open on Monday 17 September 2012 and close at 4pm on Friday 7 December 2012 and run to the timetable outlined in the report.

(b)       That all Councillors be invited to receive briefings on applications and participate in the Councillor Assessment Panel prior to Council considering the Panel’s recommendations.

(c)        Further, that grant guidelines be amended to allow a maximum 15% auspice fee within the budget for any applicant project that requires auspicing by an incorporated body.

 

 

 

 

11.2

SUBJECT          Riverside Advisory Board

REFERENCE   F2004/06918 - D02407705

REPORT OF     Group Manager City Services

 

RESOLVED      (Issa OAM/Elmore)

 

13269

(a)      That Council receives and notes the minutes of the Riverside Theatres Advisory Board meetings held on 9th February, 12th April and 14th June 2012.

(b)      That Council seeks specialist advice to assist Riverside Theatres to explore the establishment of a new partnership with a performance production company.

(c)       Further, that Council proceeds with the development of a master plan for the future development of Riverside Theatres as outlined in this report.

 

 

 

 

11.3

SUBJECT          Access Advisory Committee Minutes 19 June 2012

REFERENCE   F2005/01944 - D02414611

REPORT OF     Community Capacity Building Officer. Community Capacity Building

 

RESOLVED      (Esber/Elmore)

 

13270

That the minutes of the Access Advisory Committee meeting on 19 June 2012 be received and noted.

 

 

 

 

11.4

SUBJECT          Aboriginal and Torres Strait Islander Advisory Committee Meeting 26 June 2012

REFERENCE   F2005/01941 - D02414623

REPORT OF     Community Capacity Building Officer

 

RESOLVED      (Elmore/Issa OAM, MP)

 

13271

            That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee of 26 June 2012 be received and noted.

 

 

 

 

11.5

SUBJECT          Covert Mobility Parking Scheme (Disabled) Program

REFERENCE   F2004/10001 - D02419099

REPORT OF     Manager Regulatory Services

 

RESOLVED      (Elmore/Lack)

 

13272

(a)      That Council approve a two month covert ‘Mobility Parking Scheme Program’ to be conducted by the Community Safety Unit.

(b)      That the area in Horwood Place between George and Phillip Streets, Parramatta be included in the Program.

(c)       Further, that Council approve for Community Safety Officers involved in this program to wear plain clothes.

 

 

 

 

 

11.6

SUBJECT          Report on possible T-way to Granville and upgrade to the Transport Interchange and commuter car parking in Granville

REFERENCE   F2007/02318 - D02419764

REPORT OF     Senior Project Officer - Transport Planning

 

RESOLVED      (Wilson/Esber)

 

13273

(a)     That Council receive and note this report.

(b)      That Council continue to investigate ways to improve public transport between Parramatta and Granville including the proposed Western Sydney Light Rail concept.

(c)       Further, that Council authorise the Lord Mayor and the Chief Executive Officer to continue negotiations with Transport for NSW in regards to the proposed upgrade of the Transport Interchange and Granville commuter car parking.

 

 

 

NOTE:       Councillor J D Finn declared an interest in relation to this matter as Councillor Finn is an employee of Transport for NSW and temporarily retired from the meeting during discussion and voting on this issue.

 

 

 

 

 

 

 

Governance and Corporate

 

 

 

12.1

SUBJECT          Aboriginal Local Government (LGAN) Network Conference 15-17 August 2012 - Grafton

REFERENCE   F2012/00073 - D02402155

REPORT OF     Executive Support Manager

 

RESOLVED      (Esber/Wilson)

 

13274

That any Councillors interested in attending the Aboriginal Local Government (LGAN) Network Conference to be held in Grafton from 15-17August 2012, advise the Office of the Lord Mayor.

 

 

 

 

12.2

SUBJECT          Investments Report for May 2012

REFERENCE   F2009/00971 - D02406640

REPORT OF     Manager Finance

 

RESOLVED      (Esber/Lim)

 

13275

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

 

 

 

 

12.3

SUBJECT          Audit Committee Minutes

REFERENCE   F2011/03883 - D02420490

REPORT OF     Co-ordinator Audit & Risk

 

RESOLVED      (Esber/Lim)

 

13276

That the minutes of the Audit Committee meeting held on 31 May 2012 be adopted.

 

 

 

 

12.4

SUBJECT          Parraconnect Advisory Committee

REFERENCE   F2011/00898 - D02426199

REPORT OF     Group Manager- Corporate Services

 

RESOLVED      (Esber/Lim)

 

13277

(a)      That the minutes of the Special ParraConnect Advisory Committee meeting of 9 July 2012 be received and noted.

(b)      That the mechanism and strategy detailed in the report attached to the minutes be adopted.

(c)       Further, that the CEO, in consultation with the Lord Mayor, be delegated the authority to finalise Council’s commercial and operational requirements and necessary legal documents, in accordance with the endorsed Mechanism Strategy.

 

 

 

Notices of Motion

 

 

 

13.1

SUBJECT          Reduction of Annual Administration Fee for School Canteens

REFERENCE   FP/6033/2003 - D02425907

REPORT OF     Councillor P J Garrard

 

RESOLVED      (Garrard/Chedid)

 

13278

That Council recategorise the definition of school canteens as non profit organisations for the purpose of food inspections.

 

 

 

 

13.2

SUBJECT          Use of specific Non Toxic Paints on in Council Buildings

REFERENCE   F2008/00886 - D02426229

REPORT OF     Councillor P J Garrard

 

RESOLVED      (Garrard/Wilson)

 

13279

That the CEO prepare a report on Council only using specified paints in its buildings which are toxic free. That the report outline any cost considerations and health benefits.

 

 

 

 

13.3

SUBJECT          Impact of the Carbon Tax on Parramatta Council

REFERENCE   F2011/03882 - D02425958

REPORT OF     Councillor J Chedid

 

RESOLVED      (Chedid/Lloyd)

 

13280

That the CEO prepare a report to address the impact of the Carbon Tax on our organisation. That the report highlights areas of council’s activities which will be affected and what actions can be implemented across the organisation to minimise the effect of the tax.

 

 

 

 

13.4

SUBJECT          Converting secure bike park facilities into general facilities for the homeless

REFERENCE   F2010/00299 - D02429873

REPORT OF     Councillor S D Lloyd

 

MOTION             (Lloyd/Issa, OAM, MP)

 

 

(a)      That a report be prepared investigating the possible closure of one of the secure bike parking facilities and its conversion to locker facilities for homeless people.

(b)      That a report be prepared on possible locations for more public toilets in the Parramatta CBD and suburban shopping centres and parks.

(c)       That a report be prepared outlining a way that Council can implement a more permanent way to help homeless people access personal care facilities and a safe place to lock up their belongings in Parramatta.

(d)      Further, that a report be prepared on the volume of members who use or have used the secured bike stations since their inception and another report highlighting the revenue and expenditure of the two bike facilities since their inception.

 

 

AMENDMENT   (Wilson/McDermott)

 

 

(a)      That a report be prepared on possible locations for more public toilets in the Parramatta CBD and suburban shopping centres and parks.

(b)      Further, that a report be prepared outlining a way that Council can implement a more permanent way to help homeless people access personal care facilities and a safe place to lock up their belongings in Parramatta.

 

13281

The amendment was put and carried and on being put as the motion was again carried.

 

 

NOTE:     1         Councillor P Esber left the meeting at 10.36 pm and returned at 10.40 pm during consideration of this matter.

 

2          Councillor J Chedid left the meeting at 10.53 pm and returned at 10.54 pm during consideration of this matter

 

 

EXTENSION OF TIME

 

13282        RESOLVED      (Bide/Elmore)

 

The time having reached 11.00 pm, the meeting be extended for half an hour to enable consideration of the remaining items listed on the agenda.

 

 

 

 

13.5

SUBJECT          Installing traffic calming devices near 40km School Zones

REFERENCE   F2012/00633 - D02429822

REPORT OF     Councillor S D Lloyd

 

RESOLVED      (Lloyd/Chedid)

 

13283

(a)      That a report be produced on the implementation costs of installing traffic calming surfaces eg Honey Comb or rumble areas to help drivers identify the 40km school zones.

(b)      Further, that a report be prepared outlining the costs associated with installing Honey Comb traffic calming surface or rumble areas at 5 schools across the LGA that would benefit from a heightened awareness of the 40km School zone.

 

 

 

 

CLOSED SESSION

 

13284

RESOLVED      (Elmore/Lack)

 

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 17/2012 Wigram Street (Between Marion and Ada Streets), Harris Park – Streetscape Upgrade. (D02405721) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

2       Tender 9/2012 Management of Paid Parking Facilities Within the Parramatta Local Government Area. (D02409453) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

3       Tender No. 11/2012 Western Sydney Light Rail Feasibility Study - Transport Study. (D02419889) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

4       Potential Acquisition of Land in Guildford for Local Open Space. (D02420808) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

5       Development Opportunity. (D02421592) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

6       Tender 29/2011 Lennox Bridge Carpark. (D02425180) - 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.

7       Land and Environment Court Litigation. (D02425837) - This report is confidential in accordance with section 10A (2) (c) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

8       Disposal of a Surplus Site. (D02427148) - 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.

9       Sale of Land in Parramatta . (D02422651) - 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:

1.      Two (2) Lord Mayoral Minutes were tabled for consideration in Closed Session as referred to below under Items 14.10 and 14.11 respectively.

2.      A motion was successfully moved during Closed Session to extend the meeting an additional half an hour to enable the remaining items on the agenda to be considered.

3.      Councillor M McDermott retired from the meeting at 11.05 pm during Item 14.1 of Closed Session and Councillor J D Finn retired from the meeting during Item 14.10 of Closed Session at 11.32 pm.

 

 

RESUMPTION OF MEETING

 

 

 

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

 

 

 

14.1

SUBJECT          Tender 17/2012 Wigram Street (Between Marion and Ada Streets), Harris Park – Streetscape Upgrade.

REFERENCE   F2012/01222 - D02405721

REPORT OF     Supervisor - Project Management

 

RESOLVED      (Chedid/Lim)

 

13285

 (a)      That the tender submitted by The Glascott Group Pty Ltd for the upgrade of footpath and associated works at Wigram Street (between Marion and Ada Streets), Harris Park for the sum of $425,857.70 (excluding GST) be accepted.

(b)       That all unsuccessful tenderers be advised of Council’s decision in this matter.

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

 

 

 

 

14.2

SUBJECT          Tender 9/2012 Management of Paid Parking Facilities Within the Parramatta Local Government Area.

REFERENCE   F2012/00780 - D02409453

REPORT OF     Project Manager. Also Manager City Assets and Environment Report Memorandum dated 20 July 2012.

 

RESOLVED      (Lim/Chedid)

 

13286

That Council receive and note the reports on this matter.

 

 

 

 

14.3

SUBJECT          Tender No. 11/2012 Western Sydney Light Rail Feasibility Study - Transport Study

REFERENCE   F2012/00859 - D02419889

REPORT OF     Senior Project Officer - Transport Planning

 

RESOLVED      (Bide/Issa OAM, MP)

 

13287

(a)       That the Tender submitted by Parsons Brinckerhoff Australia Pty for $399,659 for the Transport Study be accepted.

(b)       That all unsuccessful tenderers be advised of Council’s decision in this matter.

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

 

 

NOTE:       Councillor J D Finn declared an interest as an employee of Transport of NSW and temporarily retired from the meeting during consideration and voting on this issue in Closed Session.

 

 

 

 

14.4

SUBJECT          Potential Acquisition of Land in Guildford for Local Open Space

REFERENCE   F2011/00894 - D02420808

REPORT OF     A/Manager Land Use Planning

 

RESOLVED      (Bide/Esber)

 

13288

(a)     That Council proceed to enter into purchase negotiations with the owners of the properties referred to in this report.

(b)     That the purchase be funded principally from the Section 94A open space reserve with some additional funding from other sources such as the Open Space Acquisition and Embellishment Special Rate.

(c)     That the Lord Mayor and the Chief Executive Officer be authorised to negotiate the terms of sale, the sequence of acquisition and execute under seal, if required, all documents relating to the purchase of the properties referred to in this report.

(d)     That Council undertake a Planning Proposal to rezone the appropriate parcels referred to in this report from R3 Medium Density Residential to RE1 Public Recreation and identify the land for acquisition within the Land Reservation Acquisition map under Parramatta LEP 2011.

(e)     That Council undertake a Planning Proposal to rezone Nos. 3 and 7 Mountford Avenue and Nos. 13 and 15 Grassmere Street, Guildford from RE1 Public Recreation to R2 Low Density Residential and remove the properties from the Land Reservations Acquisition map under Parramatta LEP 2011.

(f)      Further that, Council undertake the process to amend the Parramatta Section 94A Development Contributions Plan (Amendment No. 1) so as to delete reference to the acquisition of Nos. 3 and 7 Mountford Avenue and Nos. 13 and 15 Grassmere Street, Guildford and to identify the appropriate parcels referred to in this report for acquisition within the Plan as part of a future amendment to the Section 94A Plan.

 

 

NOTE:       Councillor G J Elmore declared a non pecuniary interest in relation to this item as he is familiar with an owner of one of the properties and temporarily retired from the meeting during consideration and voting on this issue in Closed Session.

 

 

 

14.5

SUBJECT          Development Opportunity

REFERENCE   F2011/03835 - D02421592

REPORT OF     Development Manager. Property Development. Also Development Manager Memorandum dated 19 July 2012.

 

RESOLVED      (Bide/Esber)

 

13289

(a)      That Council authorises the Chief Executive Officer (CEO) to conduct negotiations in respect of the development opportunity described in this supplementary report and the Paper for Agenda Item 14.5 of the Council Meeting on 23rd July within the commercial parameters set out in both reports.

(b)      That Council notes that the development opportunity described in the report cannot be delivered by a competitive process because the development opportunity described in the report can only be delivered by arrangements with the proponent and for this reason the exception to the tender requirement set out in section 55(3) of the Local Government Act applies.

(c)       That Council authorises the affixation of the common seal to the key transaction documents described in the report (including a property development agreement) to cause legally binding arrangements between Council and proponent.

(d)      Further, that Council authorises the CEO to sign any supplementary documents necessary to cause legally binding arrangements between Council and the proponent.

 

 

 

 

 

14.6

SUBJECT          Tender 29/2011 Lennox Bridge Carpark

REFERENCE   F2011/03681 - D02425180

REPORT OF     Development Manager.Property Development

 

RESOLVED      (Chedid/Lack)

 

13290

(a)         That Council note the report.

(b)         That Council accept the Tender submission received from Lidis Group / Dockside Group for redevelopment of the Lennox Bridge Carpark Site and 333 Church Street Parramatta described in the report.

(c)          That the Chief Executive Officer (CEO) is delegated authority to conduct negotiations with Lidis Group / Dockside Group to finalise the terms and conditions of a legally binding contract containing terms and conditions of the sample Project Development Agreement(PDA) included in the Request for Proposal (RFP) and the key terms of the development proposal described in the report.

(d)         That the Common seal of Council be affixed to the Project Development Agreement for the Lennox Bridge Car park project.

(e)         That the Chief Executive Officer is delegated authority to sign all ancillary documents for the Lennox Bridge Carpark project.

(f)          That all unsuccessful tenderers be advised of Council’s decision on this matter.

(g)         Further, that Council authorise the Chief Executive Officer to prepare and lodge a Planning proposal under Section 56 of the Environmental Planning and Assessment Act 1979 seeking to reclassify 346A Church Street, Lot 11 DP 846990 as Operational land.

 

 

NOTE:                 Councillors C X Lim and A A Wilson requested that their names be recorded as having voted against this decision.

 

                     

 

 

 

 

14.7

SUBJECT          Land and Environment Court Litigation

REFERENCE   F2011/03835 - D02425837

REPORT OF     Development Manager.Property Development; General Counsel

 

RESOLVED      (Bide/Elmore)

 

13291

(a)      That Council authorises the CEO to progress the class 3 proceedings in the Land & Environment Court in the manner recommended in the report.

(b)      That Council authorises the CEO to negotiate the terms of any settlement deed and other supplementary documents if the land owner is willing to settle the class 3 proceedings within the parameters set out in the report.

(c)       That Council authorises the affixation of the common seal to any settlement deed that formally records any settlement of the class 3 proceedings within the parameters set out in the report.

(d)      Further, that Council authorises the CEO to sign any supplementary documents necessary to settle and conclude the class 3 proceedings within the parameters set out in the report.

 

 

 

 

14.8

SUBJECT          Disposal of a Surplus Site

REFERENCE   F2012/01958 - D02427148

REPORT OF     Property Development Manager

 

RESOLVED      (Issa, OAM, MP/Garrard)

 

13292

(a)       That the Council authorises the Property Development Group to dispose of the property as described in the report.

(b)       That the Property Development Group appoint an agent for the marketing by auction of the property described in this report.

(c)        That the Property Development Group appoint a valuer from the panel of valuers to advise of an appropriate selling price range in the current market.

(d)       Further, that the Lord Mayor and Chief Executive Officer are authorised to affix the common seal and sign all necessary documents to complete the sale of the property.

 

 

 

 

14.9

SUBJECT          Sale of Land in Parramatta

REFERENCE   F2010/01731 - D02422651

REPORT OF     Property Services Manager

 

RESOLVED      (Issa OAM, MP/Lim)

 

13293

(a)       That Council resolve to sell the land described in the report on the terms and conditions contained within the report, as shown on Attachment 1.

(b)       That Council resolve that authority is delegated to the Chief Executive Officer to conduct negotiations to procure the preparation and finalisation of legally binding contracts reflecting the key terms described in the report and otherwise on terms the Chief Executive Officer thinks fit.

(c)        That Council resolve that authority is delegated to the Chief Executive Officer to sign all contracts and other documents (other than any document which must be signed under common seal) in connection with the commercial arrangements described in the report.

(d)       Further, that Council resolve that the Lord Mayor and the Chief Executive Officer be authorised to sign all contracts, plans of subdivision, 88b Instruments, Transfers and other documents, which must be signed under the common seal, in connection with the commercial arrangements described in the report.

 

 

 

 

 

14.10

SUBJECT          Parramatta Branding

REFERENCE   F2011/02274

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Lloyd)

 

13294

(a)      That Council endorses the proposed City of Parramatta brand which embodies and reflects the community’s aspirations for the future of the City.

(b)      That Council endorses the establishment of a select stakeholder group to assist in the implementation, management and monitoring of the proposed City of Parramatta brand.

(c)       Further, that Council authorise the allocation of money outlined in the body of the minute for the launch and stage one implementation of the City of Parramatta brand.

 

 

 

 

 

 

14.11

SUBJECT          CEO Performance Review - July 2012

REFERENCE   F2011/03465

FROM                 The Lord Mayor, Councillor Lorraine Wearne

 

RESOLVED      (Wearne/Chedid)

 

13295

(a)   That Council makes the CEO an offer to renew his contractual arrangements with Council as outlined in the background of the minute.

(b)   That Council awards the CEO the salary increase identified in the background of the minute, in line with the provisions of his current contract and the results of the review conducted on his performance by the CEO Performance Review Committee and Egon Zehnder International.

(c)    Further, that Council gives the Lord Mayor the authority to make said offer and the authority to effect and finalise the contractual arrangements with the CEO. 

 

 

NOTE:       All staff retired from the Chamber at 11.32 pm during consideration of this matter.

 

 

 

The meeting terminated at 11.59 pm.

 

THIS PAGE AND THE PRECEDING 29 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY,  23 JULY 2012 AND CONFIRMED ON MONDAY, 13 AUGUST 2012.

 

 

 

 

 

Lord Mayor