Minutes of Council - 23 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, 23 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 (6.31pm), Phil Bradley, Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), 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 6.30pm.

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.

The Lord Mayor, Councillor Dwyer advised that in response to COVID-19, additional measures had been taken to ensure the public safety of the Councillors, staff and members of the public for this meeting, and encouraged the public to view the Council Meeting via live stream.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 9 March 2020

2670

RESOLVED (Esber/Wilson)

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

2671

RESOLVED (Tyrrell/Wilson)

That the apologies received from Councillor Paul Han and Councillor Lorraine Wearne be accepted and leave of absence granted.

7. DECLARATIONS OF INTEREST

Councillor Barrak declared a significant non-pecuniary interest in the Matter of Urgency: Reimbursement of Councillor Legal Expenses considered in Closed Session, and left the Chamber during consideration of that matter and did not take part in the vote therein.

Councillor Wilson declared a significant non-pecuniary interest the Matter of Urgency: Reimbursement of Councillor Legal Expenses considered in Closed Session, and left the Chamber during consideration of that matter and did not take part in the vote therein.

8. MATTERS OF URGENCY (if any)

A matter of urgency was considered in Closed Session.

9. Minutes of the Lord Mayor

9.1

SUBJECT Council's response to COVID-19

REFERENCE F2019/03630 - D07337265

REPORT OF Lord Mayor, Councillor Bob Dwyer

2672

RESOLVED (Dwyer/Issa)

That Council note the measures being implemented by the City of Parramatta Council in response to COVID-19 as detailed in the Lord Mayor Minute.

9.2

SUBJECT Council Meeting Schedule

REFERENCE F2019/03630 - D07334461

REPORT OF Lord Mayor, Councillor Bob Dwyer

2673

RESOLVED (Dwyer/Tyrrell)

(a) That Council note the reduction of Council Meetings from fortnightly to monthly from April 2020 to August 2020 inclusive, in light of the rapidly changing situation around COVID-19.

(b) That Council note that while Council’s Code of Meeting Practice sets out two meetings per month, these schedule changes are being implemented under s5.14 of the Code of Meeting Practice, whereby the Lord Mayor may, in consultation with the Chief Executive Officer (CEO), cancel a meeting to ensure the safety and welfare of Councillors, staff and members of the public.

(d) That the venue for all meetings during this period be Cloisters Function Room, St Patrick’s Cathedral, noting the social distancing measures and venue requirements prescribed by the Federal and State Governments.

(e) That Council comply with any direction from the NSW Government and note further advice and direction is expected from the Office of Local Government in response to COVID-19 and this may include directions in relation to the conduct of Council meetings.

(f) That Council communicate these changes to Councillors, staff and the public, and provide information to the public on how to livestream Council meetings and ongoing updates if remote meetings are introduced.

(g) That a briefing note on the financial implications of the revised Council Meeting schedule, and associated costs for remote meetings if introduced, be circulated to Councillors when budget implications are known.

(h) Further, that a report come back to Council no later than August to confirm the arrangements for Council Meetings from September 2020 onwards, should there be a requirement to extend this practice in light of COVID-19.

10. Public Forum

There were no Public Forums.

11. Petitions

11.1

SUBJECT Petition to Preserve Cowells Lane Reserve as an “Off Leash” Dog Park

REFERENCE F2020/00930

FROM Deputy Lord Mayor, Councillor Michelle Garrard

A petition signed by the public was tabled at the Council Meeting and reads:

“Public Petition – Preserve Cowells Lane Reserve as an off leash dog park. Sydney’s only unrestricted leash free park is under threat from Parramatta Council.”

2674

RESOLVED (Garrard/Issa)

That the petition be received and a 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 26 November 2019

REFERENCE F2017/00358 - D07243827

REPORT OF Community Capacity Building Officer

2675

RESOLVED (Esber/Tyrrell)

That Council note the minutes of the Aboriginal and Torres Strait Islander Advisory Committee Meeting held on 26 November 2019.

13.2

SUBJECT FOR APPROVAL: Delivery Program and Operational Plan 2018-2021 - Quarter Two Progress Report 2019/2020

REFERENCE F2019/04404 - D07247761

REPORT OF Corporate Planner

2676

RESOLVED (Esber/Davis)

(a) That Council note the December 2019 Quarterly Progress Report of the Delivery Program 2018-2021, inclusive of the Operational Plan for 2019/20.

(b) Further, that Council approve the minor amendments to the Delivery Program 2018-21 and Operational Plan 2019/20 detailed in paragraph 6 of this report, effective for Quarter 3 2019/20.

14. Accessible

Nil

15. Green

Nil

16. Welcoming

Nil

17. Thriving

Nil

18. Innovative

18.1

SUBJECT FOR APPROVAL: Pre-Gateway - Planning Proposal for 135 George Street and 118 Harris Street, Parramatta (Albion Hotel site)

REFERENCE RZ/3/2017 - D07307244

REPORT OF Project Officer-Land Use Planning

2677

RESOLVED (Issa/Tyrrell)

(a) That Council endorse for the purposes of requesting a Gateway determination from the Department of Planning, Industry and Environment, the Planning Proposal included at Attachment 1 and the addendum at Attachment 2 for land at 135 George Street and 118 Harris Street, Parramatta which seeks to increase the maximum height of buildings control from 54 metres to 166 metres and allow for FSR consistent with the provision of the CBD Planning Proposal by including the following provisions in the site-specific Planning Proposal:

i. Floor space ratio (FSR) – reduction in the floor space ratio from the applicant’s proposed 13.5:1 to a mapped FSR of 10:1; (noting that the Design Excellence and High Performing Buildings bonuses and the unlimited commercial floor space site specific provision allows for an FSR of 12:1 or greater subject to the proposal not exceeding 165.6 metres in height)

ii. Height of Buildings – Reduction in the Height of Buildings control from the applicant’s proposed height of approximately 166 metres to a mapped height control of 144 metres noting that this provides for a total height of 165.6 metres when applying the 15 percent Design Excellence bonus;

iii. Inclusion of a site specific clause that allows for

· Minimum Commercial Provisions – inclusion of a site-specific LEP clause in keeping with draft Clause 7.6C(4) of the Parramatta CBD Planning Proposal that requires a minimum commercial floor space area equivalent to an FSR of 1:1 and allows for any additional commercial premises floor space in excess of this to be exempt from the maximum FSR as long as this does not result in the proposal exceeding 165.6 metres in height;

· High Performing Buildings Bonus - Provision outlining an additional FSR of 0.5:1 is achievable, provided that high-performing buildings standards are met and this bonus does not result in the proposal exceeding 165.6 metres in height.

iv. Car parking – inclusion of a site-specific LEP clause that applies the maximum car parking rates previously endorsed by Council as part of the Parramatta CBD Planning Proposal; and

v. Overshadowing – inclusion of a site-specific clause that ensures that the proposed building does not cause additional overshadowing to the Experiment Farm heritage item between the hours of 10.00am and 2.00pm on 21 June consistent with the draft amendment to Clause 7.4 under the Parramatta CBD Planning Proposal.

(b) That the Planning Proposal, as amended in accordance with resolution (a) above, be forwarded to the Department requesting a Gateway determination.

(c) That a draft site-specific development control plan (DCP) be prepared and reported to Council for endorsement prior to its public exhibition.

(d) That the applicant be invited to negotiate a Planning Agreement for the subject site and that delegated authority be given to the Chief Executive Officer to negotiate a Planning Agreement with the landowner in relation to the Planning Proposal on behalf of Council. The outcome of negotiations shall be reported back to Council prior to the draft Planning Agreement being placed on public exhibition.

(e) That the Planning Proposal, draft DCP and draft Planning Agreement be exhibited concurrently.

(f) That the reference design be amended by the applicant to reflect the changes in (a) and any changes required by any Gateway Determination issued, prior to exhibition of the Planning Proposal.

(g) That Council advises the Department of Planning, Industry and Environment that the Chief Executive Officer will be seeking to exercise the plan-making delegations for this Planning Proposal.

(h) That Council grant delegated authority to the Chief Executive Officer to correct any minor anomalies to the Planning Proposal, draft DCP and draft Planning Agreement of a non-policy and administrative nature that may arise during the amendment process.

(i) That Council note the Local Planning Panel’s advice to Council is to defer the Planning Proposal subject to overshadowing analysis (refer Attachment 3), which has been conducted as part of the Parramatta CBD Planning Proposal and is addressed in this report.

(j) Further, that the Incentive Height of Buildings Map within the Parramatta CBD Planning Proposal be amended to indicate a height control of 144 metres (165.6 with design excellence) for the site noting that a portion of the site will still retain the Sun Access Protection controls under draft Clause 7.4 relating to the protection of solar access to Experiment Farm.

DIVISION A division was called, the result being:-

AYES: Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Tyrrell and Zaiter

NOES: Councillors Barrak, Bradley, Davis, Prociv and Wilson

18.2

SUBJECT FOR APPROVAL: Local Strategic Planning Statement Seeking Endorsement (Deferred Item)

REFERENCE F2018/01790 - D07317881

REPORT OF Snr Project Officer Land Use

2678

RESOLVED (Bradley/Garrard)

(a) That Council approve the final Local Strategic Planning Statement (LSPS) at Attachment 1 incorporating the amendments at Attachment 3 and Attachment 4 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.

(b) That Council note the community feedback and submissions received during the public exhibition of the LSPS documented in the Community Engagement Report provided at Attachment 2.

(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.

DIVISION A division was called, the result being:-

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

NOES: Nil

19. Questions on Notice

19.1

SUBJECT QUESTION WITH NOTICE: Federal Sports Grants

REFERENCE F2019/04433 - D07319673

FROM Councillor Esber

QUESTION:

1. Did the City of Parramatta apply for a Federal Sports Grant of $500,000 for the Parramatta Aquatic Centre that was rejected for funding?

2. Which specific aspect of the Aquatic Centre was the Council seeking funding for via this grant application?

3. Without receipt of a grant, how will this project be funded?

RESPONSE FROM DIRECTOR, PROPERTY DEVELOPMENT GROUP:

1. City of Parramatta Council initially sought a $500,000 grant from Sport Australia (federal grant) in 2018 for equipment to support the provision of water polo in the 50m pool at the new Aquatic Leisure Centre for Parramatta. At the time the application was being considered, plans for the new Aquatic Leisure Centre were put on hold and Council subsequently was unsuccessful in receiving this funding. Council received a commitment from the NSW Government in September 2019 to co-fund Parramatta’s much-needed new Aquatic Leisure Centre.

2. Council sought funding for a water polo boom for the 50m pool allowing for separation of the 50m pool and aiding its multi-functional purpose and therefore water polo and swimming activities can occur concurrently within the 50m pool.

A water polo boom is a piece of equipment that separates the 50m pool into two 25m components to allow water polo to be played in one portion and swimming / aerobic activites in the other portion.

We note the current 50m pool is 51m in length to allow for the inclusion of this water polo boom. The water polo boom can be relocated into the centre to create the above sections as an on need basis.

3. The current allowance within the aquatic scope of works has included a water polo boom. We have been able to during the value engineering prioritise a requirement for a water polo boom and reallocated the savings achieved to ensure it is installed enabling water polo to be played within the facility.

19.2

SUBJECT QUESTION WITH NOTICE: Accident at North Epping

REFERENCE F2019/04433 - D07319664

FROM Councillor Davis

QUESTION:

I’d like to express my sympathies to all who were involved and impacted by the terrible accident at North Epping on Friday, 28 February 2020. A young mother lost her life and others were injured when a car was driven into a group of people whilst attempting to park.

My understanding is that this accident occurred on a private site. I note that outdoor dining occurs in our CBD and suburbs. It is popular and well patronised.

What process does Council follow to minimise the risk to patrons at outdoor dining sites in our Local Government Area?

RESPONSE FROM EXECUTIVE DIRECTOR, CITY ASSETS AND OPERATIONS:

1. The process that Council follows before approving an Outdoor Dining (ODD) Application includes review in terms of:

· access in accordance with DDA principles;

· heritage impacts;

· traffic safety, being:

o effect on sight distance at intersections or for pedestrians,

o setback distance of outdoor dining from travel lanes,

o probability of a vehicle mounting the footpath,

o vehicle speeds;

· place making;

· streetscape enhancement through good urban design.

2. Where public domain upgrades have been undertaken specifically to support ODD, risk mitigation is a key objective of the design. There are many examples around the City of Parramatta where these designs have been implemented, and one of the most recent is at Buller Street and Albert Street (across from Doyle Ground). This is an excellent example of a public domain project to support ODD and includes specific elements to mitigate diner risk from passing traffic. The design included bollards to protect diners from road activity, sightlines maintained for traffic at the intersection of Albert and Buller Streets by setting trees back from the edge of the pavement and stipulating that shrubs do not exceed a maximum height.

19.3

SUBJECT QUESTION WITH NOTICE: Parramatta River Flood Levels

REFERENCE F2019/04433 - D07320875

FROM Councillor Pandey

QUESTION:

1. Since the most recent flood event (8-9 February 2020) have any NSW Government Departments, NSW Government agencies or consultants engaged by the NSW Government asked the City of Parramatta Council or Council Officers to provide recordings of the Parramatta River flood levels?

2. Where were the flood recordings taken, what were the readings & what type of event was this e.g. 1 in 10 year, 1 in 20 year flood?

RESPONSE FROM EXECUTIVE DIRECTOR, CITY ASSETS AND OPERATIONS:

4. There have been no requests for flood information along the Parramatta River from any NSW Government Department, NSW Government agency or consultants engaged by NSW Government, in relation to the most recent flood event on the 8 & 9 February 2020.

5. However, based on Council’s flood gauge located near Riverside Theatres, a maximum water surface level reading of RL 5.51m AHD was recorded. Based on this, the event was estimated to be a 1 in 10 year event.

20. Notices of Motion

20.1

SUBJECT NOTICE OF MOTION: Active Hoarding Policy

REFERENCE F2007/01865 - D07317892

FROM Councillor Prociv

2679

RESOLVED (Prociv/Issa)

(a) That Council advise the policies and future plans on activating construction hoardings in order to minimise the visual impact of bare walls of hoardings facing the public domain as the City undergoes accelerated development.

(b) Further, that the Policy be presented to Council by July 2020.

20.2

SUBJECT NOTICE OF MOTION: Superannuation Guarantee Contributions for Councillors and Gender Equity

REFERENCE F2019/04433 - D07319658

FROM Councillor Davis

2680

RESOLVED (Davis/Esber)

(a) That the Chief Executive Officer be requested to prepare a submission to the Ministerial discussion paper on superannuation, supporting the introduction of superannuation for all Mayors and Councillors in New South Wales, in addition to the fees currently paid to Councillors.

(b) Further, that Council Note:

(i) that women in Australia retire with half the superannuation of men, due to the following gender-based differences in Australian labour force participation:

(a) women take more time out of the workplace than men to raise a family;

(b) more women than men return to part time work to accommodate family responsibilities; and

(c) the gender pay gap equates to significant salary discrepancies and contributes to less superannuation savings for women working full time;

(ii) that the NSW Office of Local Government 'Candidate and Councillor Diversity Report 2017' noted that '91% of Councils have less than 50% female Councillors';

(iii) that women and men have an equal right to be representatives in Local Government;

(iv) that in recognition of the value of different experiences and perspectives, the City of Parramatta Council encourage and welcome the participation of women in all aspects of Local Government;

(v) that the City of Parramatta Council, as a leading city Council, is in a unique position to increase the numbers and participation of women in public life so that decision-making more clearly represents and reflects the interests and demography of our community; and

(vi) that the superannuation rate is 11.5% rate for federal Senators and Members and 12.5% for NSW Members of Parliament.

Note: A Notice of Motion of Rescission was lodged during the meeting in relation to Item 20.2.

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

2681

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 33/2019 Chisholm Centre Shops, Winston Hills – Civil and Landscape Upgrade. (D07276541) - 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.

22.1

SUBJECT FOR APPROVAL: Tender 33/2019 Chisholm Centre Shops, Winston Hills – Civil and Landscape Upgrade

REFERENCE F2019/03990 - D07276541

REPORT OF Project Manager

2682

RESOLVED (Esber/Tyrrell)

(a) That Council approve the appointment of the preferred proponent for the Chisholm Centre Shops, Civil and Landscape Upgrade, Caroline Chisholm Drive, Winston Hills for the contract sum as outlined in paragraph 14 of the report.

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

(c) Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Procedural Motion

2683

RESOLVED (Wilson/Esber)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the reimbursement of Councillor legal expenses in accordance with the Councillor Facilities and Expenses Policy.

The Lord Mayor ruled the matter to be urgent.

SUBJECT MATTER OF URGENCY: Reimbursement of Councillor Legal Expenses

REFERENCE F2018/01312

FROM Andrew Wilson

2684

RESOLVED (Tyrrell/Jefferies)

(a) That Council resolve to reimburse Councillor Wilson’s legal costs, relating to a legal action between Councillor Wilson and Councillor Barrak, in accordance with the relevant clause in the Councillor Facilities and Expenses Policy.

(b) Further, that the CEO amend the Councillor Facilities and Expenses Policy to be consistent with NSW government guidelines that place the word “indemnify” together with the word “reimburse” in the appropriate sections:

i. subject to any requirement of public exhibition;

ii. subject to any requirement for it to return to chamber for approval; and

iii. where the policy refers to Lord Mayor or Councillor it is amended to also refer to former Lord Mayors and Councillors.

Note:

1. Councillor Barrak declared a significant non-pecuniary interest in the matter of urgency and retired from the meeting at 7:15pm during consideration of, but prior to, the vote taken thereon.

2. Councillor Wilson declared a significant non-pecuniary interest in the matter of urgency and retired from the meeting at 7:20pm during consideration of, but prior to, the vote taken thereon.

3. Councillor Davis left the Chamber at 7:53pm and returned at 7:55pm during consideration of the matter of urgency.

Note: Councillor Barrak and Wilson returned to the Chamber at 7:58pm after consideration of the matter of urgency.

Procedural Motion

2685

RESOLVED (Esber/Wilson)

That the meeting resume into Open Session.

23. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Item 22.1 and the Matter of Urgency.

Note: The Lord Mayor, Councillor Dwyer advised the meeting that a Notice of Motion of Rescission was submitted prior to the closure of the meeting in relation to Item 20.2: Notice of Motion: Superannuation Guarantee Contributions for Councillors and Gender Equity. The Lord Mayor determined that the Notice of Motion was not urgent and that in accordance with Council’s Code of Meeting Practice, will be considered at the next Ordinary Council Meeting to be held on 14 April 2020.

The meeting terminated at 8.04pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 23 MARCH 2020 AND CONFIRMED ON TUESDAY, 14 APRIL 2020.

Chairperson