Minutes of Council - 9 March 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, 9 March 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 (6:51pm), Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Paul Han, Steven Issa, Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson and Martin Zaiter.

1. OPENING MEETING

The Lord Mayor, Councillor Bob Dwyer, opened the meeting at 6.32pm.

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 24 February 2020

2653

RESOLVED (Tyrrell/Bradley)

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

2654

RESOLVED (Tyrrell/Zaiter)

(a) That the apology received from Councillor Lorraine Wearne be accepted and leave of absence granted.

(b) Further, that the apology received for the late arrival of Councillor Benjamin Barrak, be noted.

7. DECLARATIONS OF INTEREST

There were no Declarations of Interest made at this meeting.

8. MATTERS OF URGENCY (if any)

Council considered a matter of urgency prior to Closed Session (see Item 20 below).

9. MINUTES OF THE LORD MAYOR

9.1

SUBJECT National Redress Scheme

REFERENCE F2019/03630 - D07315428

REPORT OF Lord Mayor, Councillor Bob Dwyer

2655

RESOLVED (Dwyer)

That a report be brought to Council to detail the genesis and current status of the new National Redress Scheme which should include details of responsibilities and obligations of Councils under the Scheme as well as the associated role and specific obligations for Mayors.

9.2

SUBJECT Appeals Process to Regional Traffic Committee for Parramatta Local Traffic Committee

REFERENCE F2019/03630 - D07315489

REPORT OF Lord Mayor, Councillor Bob Dwyer

2656

RESOLVED (Dwyer/Zaiter)

(a) That Council write to the Minister for Transport and Roads, the Minister for Police and Emergency Services, and all local State Members of Parliament, and any other relevant person, recommending that the appeal process for decisions of the Parramatta Local Traffic Committee be reviewed.

(b) Further, that this letter call for the appeal process to be reviewed with the objective of ensuring greater consideration is given to the serious concerns of Council and the community in local traffic matters and providing a more consistent and inclusive approach to the appeals process for all parties, for reasons of fairness and equity.

10. Public Forum

10.1

SUBJECT PUBLIC FORUM 1: ITEM 18.1 - Local Strategic Planning Statement Seeking Endorsement

REFERENCE F2018/01790

FROM JANET MCGARRY

The Epping Civic Trust is the peak community body for the Epping area – an area that has undergone rapid change and unprecedented growth. I am here to speak to you about this key plan which will be used to direct the future of our suburb – which I note is called a Strategic Centre within the City of Parramatta.

The Trust prepared a detailed submission to this suite of plans that were put on exhibition together. We engaged expert assistance at a cost to our members who are Epping residents. However, we note that our submission, which was lodged on 11 November, is not referenced in the overview of community feedback. We have raised this with council last Wednesday, but I feel this raises serious concerns about the community consultation process. Therefore, I ask tonight for this item to be deferred until council can review all feedback received and ensure that it has all be looked at and covered in this paper. Otherwise the integrity of this process has been compromised.

Notwithstanding that, there are a number of points we would like to draw to your attention:

1) Housing

A key point in our submission was that housing development throughout the Epping ward should be slowed down until infrastructure to support the increased population had been built or purchased. Further, we argued that alongside housing development targets, we should see development targets for infrastructure.

Instead, this latest iteration of the LSPS seems to have increased the rate of housing development in Epping, seeking a target of 8910 new dwellings by 2036, versus 8755 in the earlier edition. See page 22.

And as far as any infrastructure targets, we must await a later edition of the CIS. We think this is unsatisfactory and these documents should be considered together.

2) Climate change and tree canopy

Since this plan was drafted, Australia has had the worst bushfires season in living memory, and one of the hottest summers ever. It is clear that the impact of climate change on urban environments is going to be a vital issue to be addressed in coming decades – both to reduce energy consumption cooling our homes but also to make our streets and built environment more liveable.

Trees are absolutely vital. Mature trees, not the ones we have to wait 20-40 years to grow. The mature trees that are being removed across the LGA at an unprecedented rate right now.

In the LSPS (Page 40) states the council is working to increase the tree canopy to 40% by 2050. This is far too long a time frame and will just serve to put off the work needed. We urge you now to amend this target to 2036 at least. The plan also highlights the cost of tree management – we are unhappy with this wording as again it could be used to defer the very necessary investment in both planting, maintaining and planning for a larger tree canopy.

We also ask for a review of the wording under 3.4.3 – climate change and resilience (page 39). There should be consideration of a green canopy in the reference to better design. That is reinstate the wording for better design ‘particularly passive design and the promotion of a green canopy’ that was in the draft version.

We request changes to 3.4.4 Tree canopy (Page 40):

1) Please add that the tree canopy is ‘enhanced’ across all geographical areas rather than ‘spread evenly’.

2) The last paragraph notes the costs related to tree management– we are unhappy with this focus as it could be used to defer the very necessary investment in both planting, maintaining and planning for a larger tree canopy. Please change the wording in the last sentence to show that the benefits of trees outweigh the management costs.

Finally, we seek an amendment to the wording in one paragraph in item 3.2.3 Heritage– on page 25.

We would like the wording ‘Any changes proposed in these areas need to consider how the items of heritage can contribute to the future identity of a place’ to be reworded to: ‘Any changes proposed in these areas need to consider how the changes will enhance and contribute to the items of heritage’. The reason for this wording change is to better protect existing heritage by putting it first in decision making, rather than the other way around.

Thank you.

STAFF RESPONSE

· Council Officers acknowledge that the Epping Civic Trust submission was not captured in the submissions summary provided in Attachment 2 to the report at Item 18.1.

· As the submission was sent to Council’s general email address, not the LSPS project mailbox, the submission was excluded from the submissions summary as a result.

· When Council Officers were made aware of this, a detailed review and assessment of the key matters raised in the context and scope of the LSPS was carried out. A briefing note that responds to the matters raised in the submission was provided to Councillors before the meeting.

· Council Officers have determined that the majority of the key matters raised in the submission relate to detailed planning work currently being undertaken under the Epping Planning Review project and these will be addressed by that project.

· The submission also raises some matters that relate more broadly to the LSPS. These include the preparation of Local Character Statements, management of trees and green infrastructure, and the delivery of affordable housing. The LSPS includes actions to address these matters.

10.2

SUBJECT PUBLIC FORUM 2: ITEM 18.1 - Local Strategic Planning Statement Seeking Endorsement

REFERENCE F2018/01790

FROM SHELLIE OATES

Good evening Councillors and Council officers, my name is Shellie Oates and I’m the joint owner of car yard properties at 56-60 Parramatta Road Granville. I therefore have a keen and personal interest in the locality. My consultant Town Planner Mr Ron Sim is also here to answer any questions you might have following this address.

Firstly, thank you for allowing me the opportunity to address Council concerning its Draft Local Strategic Planning Statement. I commend Council and its officers for producing an impressive and significant body of work to guide council’s strategic planning directions well into the future.

Our previous submissions to Urban Growth, Council and to the Greater Sydney Commission proposed establishing a B6 Enterprise Zone for industrially zoned properties fronting the southern side of Parramatta Road east of Duck Creek within the Clyde Industrial Area. We also suggested changes to permitted height and FSR controls and permitted land uses in order to incentivise redevelopment by allowing a proportion of residential use as part of future mixed-use proposals.

I’d like to stress that our aim is not to reduce the employment potential of sites in any way. By way of comparison, a Parramatta Road B6 Enterprise Zone has been adopted by many other Councils for properties fronting the highway specifically to encourage high quality employment generating uses. We believe a similar zone applied to properties east of Duck Creek could “kick start” renewal of what are visually unattractive older industrial buildings and car yards in the area by permitting a wider range of business uses in comparison with the current restrictive IN1 General Industrial Zone.

This industrial zoning fails to recognise that modern employment generating uses can now happily co-exist with business and residential activity as part of mixed-use developments. It also has a very low FSR of 1:1 and prohibits commercial premises. The end result is that there little or no incentive for myself or other owners in the area to redevelop their properties. In fact, our understanding is that apart from designated centres such as Granville, no significant redevelopment has taken place recently along this part of Parramatta Road for some time.

I’m sure you would agree that prominent sites fronting the highway need a targeted, flexible land use zoning approach to encourage well-designed mixed-use development which includes a proportion of shop-top housing. This would help to make redevelopment financially feasible and achieve timely improvements to the appearance of Parramatta Road. Encouraging and prioritising good urban design outcomes along the highway was a key objective of the Parramatta Road Urban Transformation Strategy. This clearly won’t happen if the current IN1 Industrial zoning along the highway is retained.

So we think as owners that the most logical solution is to apply a flexible B6 Enterprise land use zoning to our properties along Parramatta Road. This should also enable some shop-top housing to be provided in conjunction with predominantly employment-based uses to provide a financial incentive to redevelop. We’re aware Council’s Housing Strategy has identified adequate housing potential to meet current targets set by the Department. However, widening geographical options for residential uses may enable these targets to be met earlier.

We don’t believe that being pro-active by establishing a B6 Enterprise zone and also allowing limited shop top housing along Parramatta Road on properties close to public transport and to Granville shopping centre will adversely affect Council’s Housing Strategy or its Employment objectives. In fact, the opposite is likely to be the case.

Finally, we recently made a similar submission to Cumberland Council. As a result, the Planning Panel when reviewing Council’s Draft LEP recommended that Council officers examine the potential for shop top housing within their B6 Enterprise Zones along Parramatta Road. Other Councils such as Inner West Council already have a continuous B6 Zone along Parramatta Road. I understand they are currently exploring the possibility of allowing residential development within this zone as transport facilities along the road corridor improve.

Thank you once again for the opportunity to address Council. I’ll leave a hard copy of our previous submissions for your consideration.

STAFF RESPONSE

The purpose of the Local Strategic Planning Statement is to provide high level strategic planning guidance for the City of Parramatta for the next 20 years, not to prescribe zoning changes for specific locations such as 56-60 Parramatta Road, Granville. The Local Strategic Planning Statement will provide the framework upon which future planning proposals can be assessed, but does not recommend any specific rezoning of land.

The site identified is however, subject to the Parramatta Road Corridor Urban Transformation Strategy that contains a number of recommendations and proposed land uses to guide future development along this key transport corridor. Further detail on the progression of any specific land use changes in this area will be reported to Council following the completion of a precinct wide traffic and transport study that is currently being undertaken by Council in conjunction with the Department of Planning, Industry and Environment and Cumberland Council. This will potentially lead to a planning proposal to implement the recommendations of the Strategy.

Should this matter proceed to public exhibition, any submission seeking land use changes such as those raised by Ms Oates will be considered and reported to Council accordingly.

Note: Councillor Barrak arrived at 6:51pm during the consideration of the Public Forum 2.

11. Petitions

11.1

SUBJECT Petition to Stop the installation of 5G Tower on Bettington Road in Oatlands

REFERENCE F2005/01248

FROM Pierre Esber

A petition signed by residents of Oatlands, North Parramatta and Parramatta was tabled at the Council Meeting and reads:

“We, the undersigned, are concerned citizens who urge our leaders to act now to stop the installation of 5G tower on Bettington Road in Oatlands.”

2657

RESOLVED (Esber/Dwyer)

(a) That the petition be received and a copy of the petition be circulated to all Councillors.

(b) Further, that a copy of the petition be sent to Geoff Lee (Member of the NSW Legislative Assembly representing Parramatta for the Liberal Party) and Julie Ann Owens (Australian Labor Party member of the Australian House of Representatives, representing the Division of Parramatta, NSW).

12. Rescission Motions

12.1

SUBJECT RESCISSION MOTION: Minutes of the Parramatta Traffic Committee Meeting held on 23 January 2020 - Item 2001 A2 - North Rocks Road at Alkira Road, Carlingford

REFERENCE F2019/04433 - D07295517

REPORT OF Councillor Jefferies

2658

RESOLVED (Jefferies/Esber)

That the resolution of the Council Meeting held on 24 February 2020 in relation to Item 14.2 regarding the minutes of the Parramatta Traffic Committee Meeting held on 23 January 2020 – Item 2001 A2 – North Rocks Road at Alkira Road, Carlingford, namely:

“(c) That Item 2001 A2 – North Rocks Road at Alkira Road, Carlingford proposed traffic signals and median island barriers be deferred until a site visit with the Roads and Maritime Services can be organised.”

be and is hereby rescinded.

2659	RESOLVED (Jefferies/Tyrrell) That Item 2001 A2 be adopted as per Council officer’s recommendation.

13. Fair

Nil

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 - D07250445

REPORT OF Group Manager - Development and Traffic Services

2660

RESOLVED (Esber/Garrard)

That the report be received and noted.

15. Green

Nil

16. Welcoming

Nil

17. Thriving

17.1

SUBJECT FOR APPROVAL: Retail Frontage Improvement Program Endorsement of funding agreements

REFERENCE F2016/00137 - D07266493

REPORT OF Project Officer - Local Business Liaison

2661

RESOLVED (Garrard/Zaiter)

(a) That Council notes that in the 2019/20 DPOP the Retail Frontage Improvement Program was expanded to cover the whole CBD and neighbourhood centres across the LGA.

(b) That Council endorse a Retail Frontage Improvement Program grant to Queensland Arcade (181 Church Street, Parramatta) for the purpose of repainting and refurbishing the exterior of the building up to a total value of $20,000.

(c) Further, that Council delegate authority to the Chief Executive Officer to enter into a Funding Agreement with the applicant so that funding amount, timeline, development approval and other conditions can be finalised as outlined in this report.

18. Innovative

18.1	SUBJECT FOR APPROVAL: Local Strategic Planning Statement Seeking Endorsement REFERENCE F2018/01790 - D07150762 REPORT OF Snr Project Officer Land Use
	Motion (Esber/Davis) That Council defer consideration of this matter to the next Council Meeting on 23 March 2020, and a Councillor Workshop be held prior to the Council Meeting. FORESHADOWED MOTION (Tyrrell/Zaiter) (a) That Council approve the final Local Strategic Planning Statement (LSPS) at Attachment 1 noting the following associated key principles: · Focus employment growth in the Parramatta Metropolitan Centre (Parramatta CBD) and Strategic Centres of Epping and Sydney Olympic Park and Westmead Innovation Precinct. · Housing growth is focused in identified Growth Precincts. · Preserve and enhance the low-scale character and identity of suburban City of Parramatta suburbs outside of the GPOP area. · Stage housing release consistent with infrastructure delivery. · Housing diversity underpins any future changes to planning controls. · The majority of employment lands are protected to ensure no net loss of jobs or employment land. · Neighbourhoods, places and development are well-balanced, connected and sustainable. · Protection of the environment, including providing for sustainable development. (b) That Council note the information in the Briefing Note dated 6 March 2020 which forms an addendum to Attachment 2 of this report; and addresses the submission received from the Epping Civic Trust during the public exhibition of the LSPS; and corrects the Affordable Rental Housing targets in the submissions summary to ensure consistency with State Government policy. (c) Further, that Council forward the approved LSPS to the Greater Sydney Commission (GSC) to seek its support in writing for the statement in accordance with section 3.9(3A) of the Environmental Planning and Assessment Act 1979, and following receipt of this support, Council delegate authority to the CEO to finalise the LSPS (including to make any minor amendments as requested by the GSC and Council) and then publish it on the NSW planning portal. The motion moved by Councillor Esber and seconded by Councillor Davis on being put was declared CARRIED.
2662	RESOLVED (Esber/Davis) That Council defer consideration of this matter to the next Council Meeting on 23 March 2020, and a Councillor Workshop be held prior to the Council Meeting. DIVISION A division was called, the result being:- AYES: Clrs Barrak, Bradley, Davis, Esber, Garrard, Han, Pandey, Prociv and Wilson NOES: Clrs Dwyer, Issa, Jefferies, Tyrrell and Zaiter
	Note: 1. Councillor Barrak left the meeting at 7:09pm and returned at 7:12pm during consideration of Item 18.1. 2. Councillor Issa left the meeting at 7:09pm and returned at 7:12pm during consideration of Item 18.1. 3. Councillor Issa left the meeting at 7:23pm and returned at 7:24pm during consideration of Item 18.1.

18.2

SUBJECT FOR APPROVAL: Land Use Planning Work Program Update

REFERENCE F2018/00155 - D07027671

REPORT OF Project Officer

2663

RESOLVED (Tyrrell/Bradley)

(a) That Council receive and note this report on the Land Use Planning team’s work program.

(b) Further, that future work program updates are provided to Councillors in summary format in the form of bi-annual briefing notes, with the next briefing note scheduled for October 2020.

18.3

SUBJECT FOR APPROVAL: Post Exhibition Outcomes - Parramatta CBD Development Contributions Plan 2007 (Amendment 5)

REFERENCE F2008/03205 - D07271755

REPORT OF Senior Project Officer Land Use Planning

2664

RESOLVED (Tyrrell/Issa)

(a) That Council adopt the Parramatta CBD Development Contributions Plan 2007 (Amendment No. 5), at Attachment 1 subject to a minor amendment outlined in the report.

(b) Further, that a copy of the adopted Parramatta CBD Development Contributions Plan 2007 (Amendment No. 5) be forwarded to the Minister for Planning as required by the Environmental Planning and Assessment Act 1979.

DIVISION A division was called, the result being:-

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

NOES: Nil

19. QUESTIONS ON NOTICE

19.1

SUBJECT QUESTION WITH NOTICE: Active Hoardings Policy

REFERENCE F2007/01865 – D07278706

FROM Councillor Prociv

QUESTION

What is Council currently doing, or what are Council’s Policies and future plans, to activate construction hoardings in order to minimise the visual impact of bare walls of hoardings facing the public domain as the City undergoes accelerated development?

STAFF RESPONSE

1. Council’s Hoarding and Tower Crane Policy strongly encourages the provision of public art, graphics and images on hoardings as an opportunity for a developer to promote their development and show its contribution to the growth and vibrancy of the City. At present, artistic treatment or activation of hoardings must be limited to messages that relate to the development, the partners in the project, or the planned benefit to the development of the City of Parramatta. Council officers work with individual applicants and provides artwork guidelines, examples and advice on brand style. Council officers also provide approval to proceed with artwork designs. The current policy provides that any public art, graphics and images on hoardings is at the discretion of the applicant.

2. Council officers are undertaking a review of Council’s Hoarding and Tower Crane Policy with a view to incorporate similar outcomes to the City of Sydney Council policy. It is anticipated the review will be complete by the second quarter of 2020 with any proposed changes to Council’s current Policy to be brought to the Chamber for consideration.

19.2

SUBJECT RESPONSE TO QUESTION WITHOUT NOTICE: Construction of Guard Rail at Bettington Road, Oatlands

REFERENCE F2019/04433 – D07300097

FROM Councillor Barrak

QUESTION

Councillors have received correspondence from a local resident who resides in the vicinity of Bettington Road, Oatlands where the recent accident occurred resulting in the tragic loss of young lives and extreme pain for the families and our community at large.

What arrangements are being by made by Council for the construction of a guard rail along Bettington Road, Oatlands?

STAFF RESPONSE

1. Following a question without notice received at the Council Meeting held on 24 February 2020 Monday night’s meeting, Councillors are advised on the details of the section of guard rail constructed in Bettington Road, south of York Street.

2. Council's Traffic and Transport staff obtained specialist external advice on the type and design of the guard rail to be installed. Council's Capital Works team have now engaged a specialist constructor to complete the works. Works commenced on 26 February 2020 and are expected to be completed within one week.

3. A total length of 98 metres of steel guard rail including collapsible end sections will be installed. Other systems including wire rope safety barriers and RMS urban pedestrian fencing designs were considered as alternatives, however the safest and most suitable barrier system for this location has been specified by Council’s traffic and transport experts, and is supported by Council’s civil liability engineers.

4. Council’s cleansing staff have been in frequent contact with friends of the family regarding materials left at the site by mourners and well-wishers. Quite a lot of material has been removed in consultation. The construction works will not interfere with the remaining flowers and tributes left at the site. Council officers spoke with the family about the installation of a guard rail at the site.

5. Notification letters have also been issued to stakeholders and the local community and a response will be provided to the local resident regarding this matter.

20. MATTER OF URGENCY

20.1

PROCEDURAL MOTION

2665

RESOLVED (Barrak/Bradley)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the construction of a guardrail at Bettington Road, Oatlands

The Lord Mayor ruled the matter to be urgent.

	SUBJECT MATTER OF URGENCY: Construction of Guardrail at Bettington Road, Oatlands FROM Benjamin Barrak
	Motion (Barrak/Bradley) (a) That Council consult with the public in relation to the guardrail as no consultation had taken place prior to construction of the 100 metres of metal rail recently completed. (b) That in its choice of guardrail, Council consider the sensitivities associated with having to build a suitable memorial for the Abdallah and Sakr children who tragically lost their lives on site in the selection of the guardrail, together with public safety. (c) That noting Council's advice in the letter to Dr Bhagi Singh Awla dated 25 February 2020: " ... wire rope ... barriers are intended for locations where a vehicle is likely to hit at a low angle, such as on straight roads", that the public consultation be addressed towards having a solid horizontal metal rail immediately at the curve where the vehicle lost control for a distance of 25 metres, and then for the balance of the straight run of up to 75 metres, for the rail to be constructed of wire rope barrier. (d) Further, that in its choice of guardrail, that Council considers installation of a steel rail of 25 metres, to be followed by the balance being comprised of stainless-steel rope wire and posts barrier along the straight. AMENDMENT (Esber/Garrard) That Council continue with the consultation in relation to the installation of the roundabout at the corner of Bettington Road and York Streets. The amendment moved by Councillor Esber and seconded by Councillor Garrard on being put was declared CARRIED. The amendment then became the motion. The motion moved by Councillor Esber and seconded by Councillor Garrard on being put was declared CARRIED.
2666	MOVED (Esber/Garrard) That Council continue with the consultation in relation to the installation of the roundabout at the corner of Bettington Road and York Streets.
	Note: Councillor Barrak requested his name be recorded as having voted against the decision taken on this item.
	Note: 1. Councillor Han left the meeting at 7:31pm and returned at 7:32pm during consideration of the matter of urgency. 2. Councillor Wilson left the meeting at 7:35pm and returned at 7:40pm during consideration of the matter of urgency.

19. Notices of Motion

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 wished to make representations.

22. CLOSED SESSION

2667

RESOLVED (Esber/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: Tender 39/2019 - Fire Sprinkler Replacement Program, Riverside Theatres - Design and Construct Contract. (D07267248) - 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.

22.1

SUBJECT FOR APPROVAL: Tender 39/2019 - Fire Sprinkler Replacement Program, Riverside Theatres - Design and Construct Contract

REFERENCE F2019/04434 - D07267248

REPORT OF Project Manager

2668

RESOLVED (Tyrrell/Esber)

(a) That Council note the project budget of $1,250,141.76 from Civic Improvement Plan (CBD Section 7.11 Contributions) under sub category Arts & Cultural Facility.

(b) That the Council proceed with the appointment of the preferred tenderer to undertake the fire sprinkler replacement program to the Riverside Theatres for the tendered lump sum exclusive of GST and Contingency as outlined in the report.

(d) Further, that Council delegate authority to the Chief Executive Officer to sign all necessary legal and contractual documentation, and statutory documentation in connection with the contract for the fire sprinkler replacement program to the Riverside Theatres and to expend the total project budget to the maximum value of $1,250,141.76 allocated from Civic Improvement Plan (CBD Section 7.11 Contributions) under sub category Arts & Cultural Facility.

Note:

1. Councillors Barrak, Issa, Wilson and Zaiter requested their names be recorded as having voted against the decision taken on this item.

2. Councillor Bradley did not vote on the decision taken on this item, and in accordance with Clause 11.5 of the Code of Meeting Practice, is taken to have voted against the decision.

Procedural Motion

2669

RESOLVED (Esber/Tyrrell)

That the meeting resume into Open Session.

23. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolution for Item 22.1.

24. CONCLUSION OF MEETING

The meeting terminated at 7.55pm.

THIS PAGE AND THE PRECEDING 14 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 MARCH 2020 AND CONFIRMED ON MONDAY, 23 MARCH 2020.

Chairperson