Minutes of Council - 10 February 2020

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 10 February 2020 AT 6.30pm

These are draft minutes and are subject to confirmation by Council at its next meeting. The confirmed minutes will replace this draft version on the website once confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:38pm), Phil Bradley (6:32pm), Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han, Steven Issa, Andrew Jefferies (6:49pm), Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson (6:32pm), Lorraine Wearne and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6.30pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Lord Mayor, Councillor Dwyer, acknowledged the Burramattagal people of The Darug Nation as the traditional custodians of this land, and paid respect to their ancient culture and their elders past and present.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor, Councillor Dwyer, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived and made available on Council’s website.

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 16 December 2019

2599

RESOLVED (Tyrrell/Esber)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

SUBJECT Apologies/Requests for leave of absence

2600

RESOLVED (Tyrrell/Zaiter)

That the apologies received for the late arrival of Councillors Benjamin and Jefferies, be noted.

7. DECLARATIONS OF INTEREST

Councillor Esber declared a non-pecuniary but significant interest in Item 18.7 being Post Exhibition Outcomes – Planning Proposal and Draft Planning Agreement for land at 189 Macquarie Street, Parramatta as his son works for the applicant. He retired from the meeting during debate and voting on this matter.

8. MATTERS OF URGENCY (if any)

There were no matters of urgency raised at this meeting.

Note:

1. Councillor Wilson arrived at 6:32pm prior to consideration of the Lord Mayoral Minute Condolence Motion – Oatlands Tragedy.

2. Councillor Bradley arrived at 6:32pm prior to consideration of the Lord Mayoral Minute Condolence Motion – Oatlands Tragedy.

9. Minutes of the Lord Mayor

9.1

SUBJECT Condolence Motion - Oatlands Tragedy

REFERENCE F2019/03630 - D07267497

REPORT OF Lord Mayor, Councillor Bob Dwyer

2601

RESOLVED (Dwyer/Zaiter)

(a) That Council extend its deepest sympathies to the families and friends of Antony, Angelina and Sienna Abdallah and Veronique Sakr who tragically lost their lives in a vehicle accident in Oatlands on Saturday, 1 February 2020.

(b) That Council thank the first responders for their efforts in extremely tragic circumstances.

i. the Lord Mayor has, on behalf of the Council, laid flowers at the temporary memorial at the site of the accident;

ii. the Lord Mayor and a number of Councillors have offered condolences to the families on behalf of the Council; and

iii. the Council has offered counselling services to support family and first responders affected by the accident.

(d) That Council, in consultation with and with the approval of the families of the four children who lost their lives, establish an appropriate memorial to commemorate the lives of those children.

(e) That Council install a pedestrian guardrail along the section of Bettington Road where the accident occurred, in response to community concerns about pedestrian safety.

(f) That Council install a roundabout at the intersection of York and Bettington Roads, in response to community concerns about pedestrian safety, subject to:

i. consultation with the families and community;

ii. endorsement of the Parramatta Traffic Committee.

(g) That the Council defer any further response to the accident until the Coroner’s Report has been published.

(h) That Council delegate to the CEO authority to:

i. reprioritise the Council capital works program to fund the construction of the roundabout and guard rail;

ii. implement any relevant recommendations arising from the Coroner’s Report.

(i) Further, that the Chamber hold a minutes silence as a mark of mourning and respect for the young lives lost in this tragic accident.

Note: Councillor Barrak arrived at 6:38pm during consideration of the Lord Mayoral Minute Condolence Motion – Oatlands Tragedy.

9.2

SUBJECT Condolence Motion - Daniel Cama

REFERENCE F2019/03630 - D07267971

REPORT OF Lord Mayor, Councillor Bob Dwyer

2602

RESOLVED (Dwyer/Issa)

(a) That Council acknowledges the passing of Daniel Jnr Cama, offering our condolences to his family and friends.

(b) Further, that the Chamber observe a minutes silence as a gesture of respect on his passing.

Note: Councillor Jefferies arrived at 6:49pm at the conclusion of the Lord Mayoral Minute Condolence Motion – Daniel Cama.

9.3

SUBJECT Condolence Motion - Raymond Wehbe

REFERENCE F2019/03630 - D07267546

REPORT OF Lord Mayor, Councillor Bob Dwyer

2603

RESOLVED (Dwyer/Wilson)

(a) That Council acknowledge the passing of Raymond (Ray) Wehbe, offering our condolences to his family and friends.

(b) Further, that the Chamber hold a minutes silence as a gesture of respect on his passing and in recognition of his dedication to the Parramatta community.

9.4

SUBJECT Local Flooding in Parramatta

REFERENCE F2019/03630 - D07268651

REPORT OF Lord Mayor, Councillor Bob Dwyer

2604

RESOLVED (Dwyer/Barrak)

(a) That Council note a number of areas in the City of Parramatta have been impacted by heavy rainfall and localised flooding over the weekend of 8 and 9 February 2020.

(b) That Council note the impacts to residents and businesses in our community, with many facing power outages, and potential damage to property, due to the rainfall and localised flooding.

(c) That Council note all Childcare Centres, Libraries, Riverside Theatres, Recreation and Aquatics facilities are open as planned, with the exception of Epping Library, and remote services including Meals on Wheels and Active Parramatta are also operational.

(d) That Council thanks the NSW SES, NSW Police, emergency services personnel and other agencies who have responded to calls for help across the City.

(e) That Council thanks the Council staff who have worked throughout the weekend, day and night, to inspect sites, assist emergency services, provide resources and commence the clean-up.

(f) Further, that Council note that Council officers are continuing to work with the NSW SES, NSW Police and other agencies to continue to address the flooding, power, transport and other impacted infrastructure, assisting with sandbagging, clearing debris and fallen trees, and road closures.

9.5

SUBJECT City of Parramatta Lord Mayor's Bushfire Appeal

REFERENCE F2019/03630 - D07268602

REPORT OF Lord Mayor, Councillor Bob Dwyer

2605

RESOLVED (Dwyer/Zaiter)

(a) That Council note this update on the City of Parramatta’s donations to the NSW Rural Fire Service and the actions taken to facilitate donation through Council’s facilities as part of the City of Parramatta Lord Mayor’s Bushfire Appeal.

(b) Further, that operational support to be provided by Council to the bushfire recovery and rebuild phases as facilitated through the Local Government Bushfire Support Group was the subject of a Delegated Authority Meeting held on 21 January 2020, the minutes of which are included on this Council Meeting Agenda at item 13.3.

9.6

SUBJECT 2020 Australia Day Honours

REFERENCE F2019/03630 - D07268239

REPORT OF Lord Mayor, Councillor Bob Dwyer

2606

RESOLVED (Dwyer/Tyrrell)

That Council congratulate members of the Parramatta community included in the Order of Australia’s Australia Day 2020 Honours List, being:

i. Member (AM) in the General Division: Dr David Ronald Leece PSM RFS ED

ii. Medal (OAM) in the General Division recipients:

· Mr Patrick Joseph Bartolo

· Mrs Annette Douglass

· Mrs Diana Mahony

· Mr Phillip Wai-Shing Ng

· Mr Robert Peter Selinger.

10. Public Forum

Note: Councillor Wilson left the meeting at 7:14pm prior to Public Forum 1: Item 18.5 – Gateway Request: Planning Proposal – Properties on the western side of Essex Street, Epping (between Maida and Epping Roads).

10.1

SUBJECT PUBLIC FORUM 1: Item 18.5 - Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads)

REFERENCE F2019/02038

FROM Kevin Macdonald

Hi, my name is Kevin Macdonald and I thank you for the opportunity to address this meeting this evening in relation to Agenda Item 18.5 concerning the western side of Essex Street, Epping (between Maida and Epping Roads).

I am speaking both as a resident property owner in Essex Street, and on behalf of the 20 Property Owners on the Eastern Side of the Essex Street Heritage Conservation Area (HCA), specifically those between Epping Road to the north and Knox Avenue to the south.

As you may be aware, our Group has made representation to Council throughout the consideration of the matter that brings about the proposed Gateway request being considered tonight, specifically Council’s attempts to address the interface issues with Essex Street following the development of the adjoining Forest Grove area.

Due to the limited time I have available to speak, I note that a copy of these speaking notes have been provided to all Councillors, including a copy of the submission we made to Council’s Local Planning Panel (LPP) in their assessment of this matter at their 17 December 2019 Meeting. I will take it that Councillors have reviewed our submissions in preparing for this meeting, and therefore I voice the salient points in this public forum:

As you are aware, the LPP made the unanimous recommendation that Council does not endorse the draft Planning Proposal prepared by Council, noting in their decision that they undertook a site visit to the area:

· the importance of the existing significant trees and tree canopies in place within the western side of Essex Street properties under consideration that already provide visual screening and an important scale transition between the adjacent R4 high density residential zone and the heritage conservation area generally

· that there will be inevitable loss of trees at the rear of the Essex Street Properties if new dual occupancy dwellings are constructed, and this loss of tree canopy will not only affect the west side of Essex St but also the eastern side [of Essex Street] and the street itself,

· that, if approved, this would negatively impact on the character of the [heritage] conservation area, and;

· that, if approved, there are only a small number of new sites that could take advantage of the changes to dual occupancy provision, but the impact on the area will be substantial.

Noting these reason, and having reviewed the Council Staff’s Business paper for tonight’s Agenda Item 18.5, we make the following comments relating to the recommendations relating to the potential zone change to the western side of Essex Street:

· As stated on Council’s webpage (at https://www.cityofparramatta.nsw.gov.au/business-development/planning/local-planning-panel-lpp), we note that the LPP is an independent Panel mandated within Council to ensure the process of assessment and determination of such planning proposals as being considered tonight are both 1. transparent and accountable and; 2. to assist to address any potential corruption risk and sensitivity or are of strategic importance. However, we note the Council Officers’ recommendation tonight is still as was presented to the LPP, that is to accept the Planning Proposal. Our assessment of the Business Paper for Agenda Item 18.5 reflects a disregard of the Panel’s statement of reasons to not accept the draft planning proposal by Council Staff, as the Paper does not address the concerns identified in the Panel’s statement of reasons for their decision. We ask, therefore, how can Council endorse the recommendations of the Council Officers’, against the advice provided by the Local Planning Panel, particularly after a site visit?

· If it is Council’s intention to not endorse the Council Officers’ recommendations tonight and not proceed with the draft Planning Proposal as it has been prepared, we ask that Council’s decision does continue to address the ongoing, unreasonable and detrimental impact upon our properties on the eastern side of Essex Street, as well as those on the western side of the Street, which has now been ongoing since 2014.

· If it is Council’s intention to endorse the draft Planning Proposal, as it has been prepared by Council Staff, we ask how Council will address the concerns that have been identified by Council’s own independent panel, the Local Planning Panel, and those issues raised in our submission to the Panel in December 2019?

· Specifically, the Panel has identified concerns relating to the potential removal of significant trees and tree canopies; the potential effect on the existing visual screening and scale transition these trees afford not just for the western side of Essex Street but for Essex Street itself; the detrimental impact of any change upon the heritage character of the Street, and; that the proposed change as recommended by Council Officers may affect a small number of Essex Street properties. Issues raised in our previous submission include how the integrity of the Heritage Conservation character is to be maintained noting Council Officer’s recognition that the proposed zoning changes for the western side of Essex Street may have the unintended effect of enabling dual occupancy within properties not assessed by Council.

· We ask Council to ensure that the Panel’s identified concerns are addressed before taking any decision to endorse and progress to the Department of Planning, Industry and Environment a drafted Planning Proposal for this area of the Essex Street Heritage Conservation Area.

· Lastly, we note that Council Staff have for the first time specifically identified in the Business Paper those Essex Street properties they consider could be considered for dual occupancy (see Figure 3 on Page 432). However, we suggest the Paper is not consistent in listing the number of possible properties, reflecting at times 6, 7, 8 or 9 properties. We ask Council Staff to confirm the properties they consider could potentially accommodate a detached dual occupancy prior to the matter being determined.

Finally, noting our comments and concerns above, we ask that in progressing any Planning Proposal for the Essex Street HCA Area between Epping and Maida Roads, Council ensures that a consistency of building form in Essex Street is maintained for both sides of the Street to address the ongoing, unreasonable and detrimental impact upon our properties on the eastern side of Essex Street: Rather than reach a decision that just now moves the detrimental interface issue that has been brought about by the 2014 Epping Urban Activation Precinct (UAP) Project. We would invite Council to include the eastern side of Essex Street in any analysis work for this area, noting all studies and analysis to this point have only included the participation of the western side of Essex Street properties.

We also bring to Council’s attention a concern we have raised with Council Staff about the communication process Council has undertaken to inform the community of the development of this proposal. Property owners on the eastern side of Essex Street have not been included in the notification mailout undertaken by Council to inform affected properties in relation to this matter, even though property owners on the western side of Essex Street have been advised by correspondence. Noting that the properties on the eastern side of Essex Street are both clearly affected parties from this proposal, and that our property owner Group has participated in all community consultations by Council in this matter, we are concerned that in this matter Council have omitted us as affected properties. We await a response from Council to our concern of transparency and due process in this matter.

I thank you for the opportunity to speak this evening.

STAFF RESPONSE

No staff response provided.

10.2

SUBJECT PUBLIC FORUM 2: Item 18.5 - Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads)

REFERENCE F2019/02038

FROM janet McGarry

Lord Mayor, Councillors, I am speaking on matter 18.5 on tonight’s agenda – Gateway approval for changes to the western side of Essex St, Epping. My name is Janet McGarry and I am the president of the Epping Civic Trust, the peak local community body for the residents of Epping.

Can I start by saying that irrespective of your decision tonight, there are no winners here. The people of Epping are the overall losers. When our town centre was rezoned for high density, we were failed by the planning system and we are living with the consequences of the errors made. The issue in front of you tonight is one of those, and it will not be fixed by your approval of this motion. In fact, if you do approve it, I would predict that I will be back to speak to you within the next two years on the inevitable repercussion of tonight’s decision.

But I say again, this decision has further consequences. That is why the Local Planning Panel took the decision they did before Xmas to reject the proposal. It is why they came to Epping and actually looked at the site and became aware of all the issues involved. Their decision was carefully made and it is a pity to see it rejected in tonight’s paper.
Everyone accepts that there are very poor interfaces between the high density development that was permitted under the rezoning, and the older residential properties. This is but one example. But allowing this proposal, and the sub division opportunities it contains, will have three ripple effects.

Firstly, as the Planning Panel decision articulated, it will include the destruction of a valuable tree corridor along the boundary between these houses and the new developments. Not only do these trees form a visual buffer, but we can ill afford to lose any more mature trees in Epping.

Secondly, future sub division on these blocks will inevitably detrimentally affect the streetscape of Essex Street. All these blocks will get redeveloped (sorry, but heritage protections mean very little to a suburb who has seen many older homes bull dozed). Many of these blocks are already owned by developers, ready to act.

Thirdly, and why I will inevitably be here again in the future, there will be increasing pressure on Council to tinker with or remove the Heritage Conservation Areas around Epping. These are our buffer, our chance to retain our heritage whilst adapting to the new. They were enacted for a reason. Pass this proposal and it would be naïve to think that council won’t come under increasing pressure to allow development jump Essex street to the east side. They will.

Finally, I would like to note that this proposal is listed for discussion and review by Council’s Heritage Advisory Committee on 19th February – your own expert committee. To pass this proposal tonight would be to pre-empt that.

The City of Parramatta has unfortunately had to inherit many of the issues of Epping, and I acknowledge the hard work and dedication of our ward Councilors who genuinely want to try and address the issues as best they can. But please look beyond the immediate, and for the long-term future, I ask you to not pass this proposal.

STAFF RESPONSE

No staff response provided.

Note: Councillor Wilson returned to the meeting at 7:21pm after Public Forum 2: Item 18.5 Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads).

11. Petitions

11.1

SUBJECT On Sunset Restaurant in Parramatta

REFERENCE DA/915/2016C

FROM Councillor Barrak

A petition signed by 245 residents of River Rd West, Elizabeth Bay Road and more in Parramatta was tabled at the Council Meeting and reads:

“The residents are asking the state and local authorities and Council to extend the operating hours of On Sunset to extend to hours that are in line with social hours on demand by patrons.”

2607

RESOLVED (Barrak/Issa)

(a) That the petition be received and noted and referred to the relevant Council Officer for consideration.

(b) Further, that copy of the petition be circulated to all Councillors.

11.2

SUBJECT 41-63 Burrabogee Rd, Pendle Hill

REFERENCE DA/744/2016

FROM Councillor Pandey

A petition signed by residents of 41-63 Burrabogee Road, Pendle Hill, was tabled at the Council Meeting and reads:

“We wish to bring to the attention of the City of Parramatta Council [a range of] issues affecting the amenity and well-being of the inhabitants of residential properties located on 41-63 Burrabogee Road, Toongabbie NSW 2146.”

2608

RESOLVED (Pandey/Bradley)

(a) That the petition be received and noted and referred to the relevant Council officer for consideration.

(b) Further, that copy of the petition be circulated to all Councillors.

12. Rescission Motions

Nil

13. Fair

13.1

SUBJECT FOR NOTATION: Minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 22 October 2019

REFERENCE F2017/00358 - D07150621

REPORT OF Community Capacity Building Officer

2609

RESOLVED (Tyrrell/Bradley)

That the minutes of the Aboriginal and Torres Strait Islander Advisory Committee meeting of 22 October 2019 be received and noted.

13.2

SUBJECT FOR NOTATION: Minutes of Audit Risk & Improvement Committee Meeting held on 28 November 2019

REFERENCE F2019/02413 - D07204155

REPORT OF Coordinator Internal Audit

2610

RESOLVED (Tyrrell/Esber)

That Council receives and notes the minutes of the Audit Risk and Improvement Committee meeting held on 28 November 2019 as provided at Attachment 1.

13.3

SUBJECT FOR NOTATION: Minutes of Delegated Authority Meeting held on 21 January 2020

REFERENCE F2019/04433 - D07239036

REPORT OF Governance Manager

2611

RESOLVED (Esber/Tyrrell)

That the minutes of the Delegated Authority Meeting held on 21 January 2020 be noted.

Procedural Motion

2612

RESOLVED (Issa/Garrard)

That Council consider Item 13.4 FOR NOTATION: Report on Minor Property Dealings for the period of December 2019 to January 2020 in closed session in accordance with Section 10A(2)(d) as the discussion may contain 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.

13.5

SUBJECT FOR NOTATION: Audit Risk and Improvement Committee Annual Report 2019

REFERENCE F2019/02413 - D07206031

REPORT OF Coordinator Internal Audit

2613

RESOLVED (Esber/Tyrrell)

That Council receives and notes the 2019 Annual Report from the Audit Risk and Improvement Committee.

14. Accessible

14.1

SUBJECT FOR NOTATION: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 and SEPP 1

REFERENCE F2009/00431 - D07221339

REPORT OF Group Manager - Development and Traffic Services

2614

RESOLVED (Esber/Tyrrell)

That the report be received and noted.

14.2

SUBJECT FOR APPROVAL: Submission to Transdev Australia on 2021 Proposed Ferry Service Changes - F3 Parramatta River

REFERENCE F2004/08735 - D07225855

REPORT OF Transport Planning Manager

2615

RESOLVED (Tyrrell/Prociv)

(a) That Council endorse and forward the submission at Attachment 1 to Transdev Australia and Transport for NSW on the proposed 2021 F3 Parramatta River Ferry changes which raises the following key matters:

· Council supports the procurement of low shoreline, low sediment and low impact vessels and would welcome the opportunity to work with Transdev to ensure a 20 minute frequency of service is achieved between Parramatta and Olympic Park;

· Council believes that Transdev and Transport for NSW need to plan ferry services to support the future population, jobs growth and tourism opportunities in Parramatta as the Central River City with faster, more frequent ferry services;

· Council does not support changing the F3 eastern termination point for all Parramatta River services to Barangaroo;

· Council welcomes increased services to Sydney Olympic Park and increased weekend services to Parramatta;

· Council seeks to retain popular weekend express services between Parramatta and Circular Quay;

· Council advocates for increased service frequency between Parramatta and Sydney Olympic Park.

(b) That the Lord Mayor write to the Minister for Transport, relevant local Members of the NSW Legislative Assembly that connect to the Parramatta River, being The Hon. Dr Geoff Lee MP, Ms Lynda Jane Voltz MP , The Hon. Victor Michael Dominello, MP, and the Mayors of Mosman, Ryde, North Sydney and Canada Bay Councils attaching the adopted Council submission and requesting meetings to discuss Council’s position on the proposed ferry changes.

(c) Further, that Council release a media statement within 24 hours and share Council’s adopted position via social media, encouraging residents and workers to have their say by responding to Transdev’s consultation before consultation closes on 14 February 2020.

Note: Councillor Esber left the meeting at 7:54pm and returned at 7:55pm during consideration of Item 14.2.

15. Green

Nil

16. Welcoming

Nil

17. Thriving

17.1

SUBJECT FOR APPROVAL: Parramatta Night City Framework 2020-2024

REFERENCE F2019/00902 - D07090185

REPORT OF Project Officer

2616

RESOLVED (Issa/Garrard)

(a) That Council notes the community feedback received during the consultation period of the Parramatta Night City Framework 2020-2024.

(b) That Council review and update the existing relevant enforcement protocols and policies to align with the Parramatta Night City Framework, such that the Framework is to prevail in all instances of inconsistency, and a report on the review of the enforcement policies to be tabled to the first Council Meeting in April 2020.

17.2

SUBJECT FOR APPROVAL: Proposed Road Closure in front of 90-92 Victoria Road, North Parramatta

REFERENCE F2019/01873 - D07151404

REPORT OF Property Officer

2617

MOVED (Esber/Tyrrell)

(a) That Council resolve to permanently close the unused part of Victoria Road, North Parramatta in front of 90 - 92 Victoria Road, North Parramatta, shown hatched on Attachment 1, in accordance with Part 4 Division 3 of the Roads Act 1993.

(b) That Council resolve to classify that portion of Victoria Road, North Parramatta that is to be closed shown hatched on Attachment 1, as Operational Land upon formal gazettal of the road closure.

(c) That a report be provided to Council after the road closure has been formalised to consider the potential sale of the land to the Applicant, being the adjoining property owner of 90 and 92 Victoria Road, North Parramatta.

(d) Further, that authority is delegated to the Chief Executive Officer to sign all documents in connection with the road closure and its classification.

Procedural Motion

2618

RESOLVED (Esber/Tyrrell)

That the meeting adjourn for a period of 10 minutes.

Note: The meeting was adjourned at 8:21pm for a short recess.

Procedural Motion

2619

RESOLVED (Esber/Tyrrell)

That the meeting resume.

The meeting resumed in the Council Chambers at 8:39pm with the following Councillors in attendance: The Lord Mayor, Councillor Dwyer and Councillors Barrak, Bradley, Davis, Esber, Garrard (Deputy Lord Mayor) (8:42pm), Han, Issa, Jefferies, Pandey, Prociv, Tyrrell, Wilson, Wearne and Zaiter.

18. Innovative

18.1

SUBJECT FOR NOTATION: Investment Report for November 2019

REFERENCE F2009/00971 - D07156717

REPORT OF Tax and Treasury Accountant

2620

RESOLVED (Tyrrell/Wilson)

That Council receives and notes the Investment Report for November

2019.

18.2

SUBJECT FOR NOTATION: Investment Report for December 2019

REFERENCE F2009/00971 - D07207179

REPORT OF Tax and Treasury Accountant

2621

RESOLVED (Tyrrell/Esber)

That Council receives and notes the Investment Report for December 2019.

18.3

SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 55 Aird Street, Parramatta

REFERENCE RZ/18/2015 - D07101358

REPORT OF Project Officer, Land Use Planning

2622

RESOLVED (Tyrrell/Esber)

(a) That Council endorse the draft site-specific Development Control Plan for the land at 55 Aird Street, Parramatta, as provided at Attachment 1, for the purpose of public exhibition.

(b) That the Chief Executive Officer be authorised to negotiate the draft Planning Agreement in accordance with the terms outlined in this report and to finalise the draft agreement on behalf of Council for the purpose of public exhibition.

(c) That the draft site-specific Development Control Plan and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 55 Aird Street, Parramatta for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

(d) Further, that Council authorise the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

The motion moved by Councillor Tyrrell and seconded by Councillor Esber on being put was declared CARRIED.

DIVISION The result being:-

AYES: Clrs Dwyer, Esber, Garrard, Han, Issa, Jefferies, Pandey, Tyrrell, Wilson and Zaiter

NOES: Clrs Barrak, Bradley, Davis, Prociv and Wearne

18.4

SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 33-43 Marion Street, Parramatta

REFERENCE RZ/9/2017 - D07133241

REPORT OF Project Officer, Land Use Planning

2623

RESOLVED (Esber/Tyrrell)

(a) That Council note that the subject Planning Proposal provided at Attachment 1 has been amended following the Gateway Determination and alteration received for the subject Planning Proposal and following Council’s endorsement of the Marion Street Precinct Plan prepared in support of the Parramatta CBD Planning Proposal.

(b) That Council endorse the draft site-specific Development Control Plan for the land at 33-43 Marion Street, Parramatta, as provided at Attachment 2, for the purpose of public exhibition.

(c) That Council authorise the Chief Executive Officer to commence the legal drafting of a Planning Agreement in accordance with the terms outlined in this report and to finalise the draft agreement on behalf of Council for the purpose of public exhibition.

(d) That the draft site-specific Development Control Plan and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 33-43 Marion Street, Parramatta, for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

(e) Further, that Council authorise the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

The motion moved by Councillor Esber and seconded by Councillor Tyrrell on being put was declared CARRIED.

DIVISION The result being:-

AYES: Clrs Dwyer, Esber, Garrard, Han, Issa, Jefferies, Pandey, Tyrrell, Wilson and Zaiter

NOES: Clrs Barrak, Bradley, Davis, Prociv and Wearne

18.5

SUBJECT FOR APPROVAL: Gateway Request: Planning Proposal - Properties on the western side of Essex Street, Epping (between Maida and Epping Roads)

REFERENCE F2019/02038 - D07149508

REPORT OF Senior Project Officer - Land Use

2624

RESOLVED (Davis/Wearne)

(a) That Council note the Local Planning Panel’s advice to Council is to not support the Planning Proposal.

(b) That Council not proceed with the planning proposal at Attachment 1.

(c) Further, that amendments to Section 3 of the Hornsby DCP 2013 relating to widening of the pedestrian link between Essex Street to Forest Grove be prepared and reported to Council.

The motion moved by Councillor Davis and seconded by Councillor Wearne on being put was declared CARRIED.

DIVISION The result being:-

AYES: Clrs Barrak, Bradley, Davis, Dwyer, Esber, Garrard, Han, Jefferies, Pandey, Prociv, Tyrrell, Wearne, Wilson and Zaiter

NOES: Clr Issa

18.6

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal, Draft Site-Specific Development Control Plan and Draft Planning Agreement for 142-154 Macquarie Street, Parramatta

REFERENCE RZ/15/2014 - D07114171

REPORT OF Project Officer, Land Use Planning

2625

Motion (Tyrrell/Esber)

(a) That Council notes the submissions received as summarised at Attachment 2, during the public exhibition of the Planning Proposal, and the re-exhibition of the revised draft site-specific Development Control Plan and revised draft Planning Agreement for the site at 142-154 Macquarie Street, Parramatta.

(b) That Council endorse the Planning Proposal provided at Attachment 3, which seeks to increase the floor-space ratio control from 4:1 to 7:1 for land at 142-154 Macquarie Street, Parramatta, subject to the following amendments:

· The application of maximum car parking rates as informed by the CBD Strategic Transport Study;

· The height of buildings control being amended to reflect Council’s resolution on the overshadowing study completed for the Parramatta CBD Planning Proposal of 11 November 2019 as shown at Figure 4 in Attachment 1, resulting in heights of part 0 metres, part 76 metres, part 84 metres, part 97 metres and part 156 metres; and

· The minimum non-residential gross floor area being specified as 21,000 square metres across the entire site.

(c) That Council forward the amended Planning Proposal to the Department of Planning, Industry and Environment for finalisation, but request that the final notification in the Government Gazette only be undertaken once Council confirms that the Planning Agreement has been signed and entered into.

(d) That Council endorse for finalisation the site-specific Development Control Plan contained at Attachment 4 for insertion in Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011.

(e) That Council enter into the Planning Agreement as exhibited and provided at Attachment 5 and that the Chief Executive Officer be authorised to sign the Planning Agreement on behalf of Council.

(f) That Council, in accordance with its statutory obligations, forward the site-specific Development Control Plan and the Planning Agreement to the Department of Planning, Industry and Environment once they come into force.

(g) That Council authorise the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during the plan finalisation process, relating to the Planning Proposal, site-specific Development Control Plan and Planning Agreement.

(h) Further, that Council note the Local Planning Panel’s advice to Council provided at Attachment 1 is consistent with Council Officer’s recommendations in this report.

The motion moved by Councillor Tyrrell and seconded by Councillor

Esber on being put was declared CARRIED.

DIVISION The result being:-

AYES: Clrs Davis, Dwyer, Esber, Garrard, Han, Issa, Jefferies, Pandey, Tyrrell, Wearne and Zaiter

NOES: Clrs Barrak, Bradley, Prociv and Wilson

Note: Councillor Issa left the meeting at 8:57pm and returned at 8:57pm during consideration of Item 18.6.

Note: Councillor Esber declared a non-pecuniary but significant interest in Item 18.7 and retired from the meeting at 9:13pm prior to debate and voting thereon.

18.7	SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Planning Proposal and Draft Planning Agreement - 189 Macquarie Street, Parramatta REFERENCE RZ/22/2015 - D07162721 REPORT OF Team Leader Land Use Planning
	Motion (Tyrrell/Garrard) (a) That Council notes the independent planning assessment report on the submissions received in response to the public exhibition of the Planning Proposal and draft Planning Agreement and the report’s recommendations contained at Attachment 2. (b) That subject to the clarification outlined in paragraph 27 of this report, Council endorses the Planning Proposal at Attachment 3 noting that the Planning Proposal includes all the changes recommended by the independent reviewer except the inclusion of a satisfactory arrangements clause requiring a contribution to State infrastructure. (c) That subject to the clarification outlined in paragraph 27 of this report, Council forwards the Planning Proposal at Attachment 3 to the Department of Planning, Industry and Environment (DPIE) for finalisation, but request that the DPIE not finalise the Planning Proposal until the Planning Agreement referred to in (d) below is executed by Council and the landowner. (d) That Council enters into the Planning Agreement at Attachment 4 subject to it being amended to add a standard review clause that allows a review if Council seeks to increase Section 7.11 and 7.12 contributions and decreases the community infrastructure contribution payable under Council’s Parramatta CBD Community Infrastructure policy framework. (e) That upon signing of the Planning Agreement, the agreement be forwarded to the DPIE in accordance with Section 25G of the Environmental Planning and Assessment Regulation 2000. (f) That Council authorises the CEO to correct any minor policy inconsistencies or any anomalies of an administrative nature relating to the Planning Proposal and draft Planning Agreement that may arise during the plan amendment process. (g) Further, that Council note the advice of the Local Planning Panel of 3 December 2019 is consistent with the Council Officer’s recommendation in this report.
	AMENDMENT (Barrak/Bradley) That consideration of this matter be deferred for a Councillor Workshop. The amendment moved by Councillor Barrak and seconded by Councillor Bradley on being put was declared CARRIED. DIVISION The result being:- AYES: Clrs Barrak, Bradley, Davis, Dwyer, Pandey, Prociv and Wearne NOES: Clrs Garrard, Han, Issa, Jefferies, Tyrrell and Zaiter The amendment became the motion. The motion moved by Councillor Barrak and seconded by Councillor Bradley on being put was declared CARRIED. DIVISION The result being:- AYES: Clrs Barrak, Bradley, Davis, Dwyer, Garrard, Han, Issa, Pandey, Prociv, Wearne and Zaiter NOES: Councillor Jefferies and Tyrrell
2626	RESOLVED (Barrak/Bradley) That consideration of this matter be deferred for a workshop. DIVISION The result being:- AYES: Clrs Barrak, Bradley, Davis, Dwyer, Garrard, Han, Issa, Pandey, Prociv, Wearne and Zaiter NOES: Councillor Jefferies and Tyrrell
	Note: 1. Councillor Davis left the meeting at 9:19pm and returned at 9:20pm during consideration of Item 18.7. 2. Councillor Wilson left the meeting at 9:19pm during consideration if Item 18.7.
	Note: Councillor Esber returned to the meeting at 9.30pm at the conclusion of Item 18.7.

19. Notices of Motion

19.1

SUBJECT NOTICE OF MOTION: Parking Enforcement Sydney Olympic Park

REFERENCE F2020/00037 - D07239595

FROM Councillor Wilson

2627

Motion (Issa/Barrak)

That consideration of this matter be deferred.

19.2

SUBJECT NOTICE OF MOTION: Parking Enforcement During Unusual Hours

REFERENCE F2020/00037 - D07239604

FROM Councillor Wilson

2628

Motion (Issa/Barrak)

That consideration of this matter be deferred.

19.3

SUBJECT NOTICE OF MOTION: 5 Parramatta Square Time Capsule and Plaques

REFERENCE F2017/01383 - D07241331

FROM Councillor Esber

2629

RESOLVED (Esber/Issa)

(a) That Council approve the placement of a time capsule and a foundation plaque within the 5 Parramatta Square development site at the commencement of construction in the first quarter of 2020 and a plaque upon completion in first quarter 2022.

(b) That Council approve the placement of an opening plaque at the completion of the 5 Parramatta Square development.

a. the Councillors serving during the period of 1996 – 2020; and

b. the resolutions by Council during the time period that the 5 Parramatta Square - Civic Building development was conceptualised, designed, constructed.

(d) That the time capsule to be marked to be opened in fifty years’ time, in 2070.

(e) Further, that the design of the time capsule to be consistent with the photographs included in Attachment 1.

Note: Councillor Wilson returned to the meeting at 9:32pm during consideration of Item 19.3.

20. QUESTIONS ON NOTICE

Nil

Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery requested to make representations.

21. CLOSED SESSION

2630

RESOLVED (Issa/Tyrrell)

That 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(s) of the Local Government Act, 1993 as the items listed come within the following provisions:-

1 FOR APPROVAL: Integrated Development of 5 and 7 Parramatta Square including Tender 06/2019 - 5&7 Parramatta Square – Design and Construct Contract. (D07157317) - This report is confidential in accordance with section 10A (2) (c) (d) 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; AND 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 FOR APPROVAL: Request for Proposal - Replacement of Library Self Service Technology. (D07149557) - 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.

3 FOR APPROVAL: Parramatta Brand and Marketing Strategy - Program and Budget. (D07211731) - 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.

4 FOR NOTATION: Legal Status Report as at 21 January 2020. (D07226281) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

21.1

SUBJECT FOR APPROVAL: Integrated Development of 5 and 7 Parramatta Square including Tender 06/2019 - 5&7 Parramatta Square – Design and Construct Contract

REFERENCE F2016/06643 - D07157317

REPORT OF Construction Manager

2631

RESOLVED (Issa/Esber)

(a) That Council note the project budget of $130,100,000 in the Council adopted Delivery Programme and Operational Plan for 5 Parramatta Square (5PS).

(b) That Council note the project budget of $10,000,000 for the Adaptive Re-use of the Parramatta Town Hall (7 Parramatta Square) (7PS) in the Council adopted Delivery Programme and Operational Plan.

(c) That Council approve the appointment of Built Pty Ltd to undertake the Design and Construction of 5 and 7 Parramatta Square for the tendered lump sum of $105,436,180 exclusive of GST and Contingency.

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

(e) That Council note that the total project budget includes expenditure of $748,500 to increase the current 5 star green rating to a 6 star green rating which results in a reduction of the operating costs payback period of 1.7 years.

(f) That Council approve the current Functional Brief for the 5 and 7 Parramatta Square Parramatta Square Project (5PS/7PS) contained at Attachment 2 of the report.

(g) That Council approve the current floor plans at Attachment 3 that reflect the user experience themes and primary functions outlined in the Functional Brief, subject to the “Active Wellness’ space on Level 3 being modified to allow the western portion of the floor to be used as a multi-purpose function space as per the plan tabled to Councillors via email.

(h) That Council note that Council Workshops will be convened in May 2020 and June 2020 to provide further opportunity for feedback on the final design, including floor plans, as the design progresses from 70% through to 100% design completion.

(i) That Council approve the continued progression of the design and business planning to support the delivery of the Functional Brief.

(j) That Council, in the finalisation of the design take account of Smart City initiatives. This should include, but not be limited to; Furniture, Material, Customer Experience, Digital Experience, and holistic approach to the Parramatta Square project. The approach should reflect the Smart City Master Plan and Parramatta Square Smart City Plan that was previously developed. The interaction and integration of PS5/7 with the public domain elements (including signage, and art), city link, and other buildings should also be considered.

(k) Further, that the Chief Executive Officer be given delegated authority to sign all necessary legal and contractual documentation, and statutory documentation in connection with the completion of the integrated development for the 5 & 7 Parramatta Square Project and to expend the total project budget to the maximum value of $140,100,000 allocated from the Property Reserve.

Note:

1. Councillor Garrard left the meeting at 9:45pm and returned at 9:45pm during consideration of Item 21.1.

2. Councillor Jefferies left the meeting at 9:45pm and returned at 9:47pm during consideration of Item 21.1.

21.2

SUBJECT FOR APPROVAL: Request for Proposal - Replacement of Library Self Service Technology

REFERENCE F2019/00280 - D07149557

REPORT OF Resources and Technology Coordinator

2632

RESOLVED (Esber/Wilson)

(a) That the request for the proposal submitted by Bibliotheca Australia (ABN: 99 134 800 383) for the replacement of RFID self-check stations and return chutes for the sum of $240,284.80 (excluding GST) be accepted.

(b) That the recommendation report be updated to include the Panel’s approval of updated pricing and the amended report.

(d) Further, that Council delegate authority to the Chief Executive Officer to execute all necessary documentation.

21.3

SUBJECT FOR APPROVAL: Parramatta Brand and Marketing Strategy - Program and Budget

REFERENCE F2017/03225 - D07211731

REPORT OF Group Manager City Identity

2633

RESOLVED (Issa/Davis)

(a) That Council approve the marketing, communications and events program (Program) and roadmap as detailed in this report.

(b) That Council approve the budget of up to $2M for the remainder of the FY2019/20 year required to support the launch.

(d) Further, that Council delegate authority to the Chief Executive Officer to oversee the implementation and management of the Program.

Note: Councillors Wearne and Wilson requested their name be recorded as having voted against the decision taken at Item 21.3.

21.4

SUBJECT FOR NOTATION: Legal Status Report as at 21 January 2020

REFERENCE F2019/04434 - D07226281

REPORT OF Group Manager Legal Services

2634

RESOLVED (Esber/Garrard)

That Council note the Legal Status Report as at 21 January 2020.

13.4

SUBJECT FOR NOTATION: Report on Minor Property Dealings for the period of December 2019 to January 2020

REFERENCE F2019/00279 - D07089821

REPORT OF Property Services and Space Management Manager

2635

RESOLVED (Issa/Esber)

That the report be received.

22. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer declared all Items in Closed session were carried for the resolutions for Items 21.1, 21.2, 21.3 & 21.4 & 13.4.

23. CONCLUSION OF MEETING

The meeting terminated at 10:26 pm.

THIS PAGE AND THE PRECEDING 23 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 10 FEBRUARY 2020 AND CONFIRMED ON MONDAY, 24 FEBRUARY 2020.

Chairperson