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,  27 July 2020 AT 6:30pm

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:39pm), Phil Bradley (6:57pm), Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa (6:48pm), Andrew Jefferies, Sameer Pandey, Dr Patricia Prociv, Bill Tyrrell, Andrew Wilson, 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, 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, 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.

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 13 July 2020

2831

RESOLVED      (Pandey/Esber) That the minutes be taken as read and be accepted as a true record of the Meeting with an amendment at Item 19.5 – Notice of Motion: Parramatta Light Rail – Support for Local Residents and Community in the Vicinity of Parramatta Light Rail Route to include paragraph 3. at resolution paragraph (c), which was missed from draft minutes published on Council’s web and included in the business paper. Paragraph (c) 3 reads: 3.      Seeking to provide rental assistance and other support programs to small businesses negatively impacted by Parramatta Light Rail construction.

6.      APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

There were no apologies or requests for leave of absence made at this meeting.

7.      DECLARATIONS OF INTEREST

Councillor Barrak declared a non-pecuniary and less than significant interest in Item 13.3 being Adoption of the Councillor’s Expenses and Facilities Policy, as he has a current litigation for defamation against another Councillor. He left the Chamber prior to debate and voting thereon.

Councillor Wilson declared a pecuniary interest in Item 13.3 being Adoption of the Councillor’s Expenses and Facilities Policy, as he has a current defence for defamation against another Councillor.  He left the Chamber prior to debate and voting thereon.

8.      MATTERS OF URGENCY (if any)

There were no matters of urgency raised at this meeting.

9.      MINUTES OF THE LORD MAYOR 

9.1

SUBJECT          Local Government Exclusion from National Cabinet REFERENCE   F2019/03630 - D07556994 REPORT OF Lord Mayor, Councillor Bob Dwyer

2832

RESOLVED      (Dwyer/Wilson) (a)     That Council sends a letter to the Premier, and to all local Federal and State Members of Parliament and members of the opposition, which highlights the critical necessity for Local Government representation on the newly formed National Cabinet and seeks their assistance in requesting that First Ministers review the decision to exclude Local Government. (b)     That Council seeks a meeting with our local Federal and State Members to discuss in more detail the importance of having local government representation on National Cabinet and the value of partnerships with Councils in achieving the objectives of the National Cabinet and the national reform agenda. (c)     Further, that Council notes that the Australian Local Government Association, Local Government NSW and other state/territory Local Government associations will continue to advocate for Local Government representation on the National Cabinet and for Local Government’s interests in all relevant forums.

9.2	SUBJECT          Parramatta Park and the new Greater Sydney Parklands Agency REFERENCE   F2019/03630 - D07557232 REPORT OF Lord Mayor, Councillor Bob Dwyer
2833	RESOLVED      (Dwyer/Davis) (a)     That Council write to The Hon Rob Stokes MP, Minister for Planning and Public Spaces, to seek a better understanding of the reasons for the need to dissolve the Parramatta Park Trust, and an explanation of the purpose, roles and responsibilities of the new centralised Greater Sydney Parklands agency. (b)     Further, that this letter seek to confirm what opportunities will be available to the City of Parramatta Council to be able to communicate with and contribute to the new agency to discuss local open space needs and matters in Parramatta Park, and how Parramatta Park inter-relates to the overall development and strategic direction of Parramatta as Sydney’s Central River City.
	Note: Councillor Barrak arrived at the meeting at 6:39pm during consideration of Item 9.2.

10.    Public Forum

10.1	SUBJECT          PUBLIC FORUM 1: Item 18.2 Gateway Request: Planning Proposal for land at 1 Windsor Road, North Rocks REFERENCE   RZ/9/2019 FROM ANGUS WHITE
	Thank you for the opportunity to address the meeting this evening. Over the past 9 months since we lodged the Planning Proposal, we have appreciated the opportunity to engage with Council planning staff to ensure the proposal meets Council strategic objectives and delivers positive outcomes for local residents. We are pleased that Council staff have recommended the proposal for approval to proceed to the Gateway, as tabled this evening. The Planning Proposal seeks only an “additional permitted use” on the site to allow for a full-line supermarket, reusing the vacant Bunnings building. If approved, our plans will renew the existing site and inject $20 million of investment into the local economy. The plans will provide significant benefits for the local community. The proposal would directly create 200 ongoing local retail jobs, including a number of youth employment opportunities, plus more than 100 jobs during construction. With the multiplier effect of this direct investment, our economic report estimates a further 1,000 indirect employment opportunities created for the LGA. Importantly, the plans address some of the undersupply of supermarket floor space within the area, and provide community benefit with improved access to food and grocery shopping in an area of population growth. There is a current undersupply of more than 7,000m2 of supermarket floor space in the trading area. Even with the delivery of our supermarket proposal, there would still be an undersupply of more than 3,500m2. This need will increase in the future if no additional supermarkets are provided. The population of the area, at over 44,000, could support five full-line supermarkets with reference to industry benchmarks. One is currently provided, which is the Entrada Coles on Victoria Road in North Parramatta. In addition, the IGA at Northmead is small at around 1,040m2. Full-line supermarkets which serve the weekly shopping needs of local residents are typically 3,200m2 or more. It is noted that the Local Planning Panel considered that the proposed development should be in or attached to a town or village centre. Additional economic assessment has been undertaken which identifies there are no sites available that could reasonably accommodate the proposal. In addition, the supermarket’s benefits and lack of adverse impacts at this location should enable it to be delivered at this location. The proposal will not adversely impact the viability of any nearby centres or supermarkets. The economic impact assessment submitted with the proposal identifies that expected impacts are within the competitive range of 10% or less. Population growth has been realised and is continuing in the immediate area of the proposed development with the recently completed Darling Mills residential development, the Parramatta North Urban Renewal Area and a number of other private and public developments under construction, recently completed or planned. Council’s Local Strategic Planning Statement identifies that the population is expected to grow from 235,000 to 433,000 over the 20 year period. With this level of growth, the existing undersupply of supermarket floor space will become even more significant. In addition, the Central City District Plan identifies that more than 1.76 million square metres of additional retail floor space is needed over the next 20 years. Existing centres will not be capable of delivering this amount of floor space. Importantly, given the growth of population in areas away from those centres, new retail uses need to follow this growth to meet local needs. We trust that Council recognises the proposal provides significant benefits, particularly in terms of addressing the undersupply of supermarket floor space, providing community benefit in terms of convenient services, and importantly creating significant employment opportunities. Thank you for your time and the opportunity to address Council this evening. STAFF RESPONSE No staff response was provided.
	Note: Councillor Davis left the Chamber at 6:43pm and returned at 6:44pm during consideration of Item 10.1.

11.    Petitions

There were no petitions tabled at this meeting.

12.    Rescission Motions

Nil

	Procedural Motion
2834	RESOLVED      (Esber/Tyrrell) That Items 13.1, 13.2, 13.4 and 13.5 be resolved en bloc.

13.    Fair

13.1	SUBJECT          FOR NOTATION: Investment Report for June 2020 REFERENCE   F2009/00971 - D07531072 REPORT OF Tax and Treasury Accountant
2835	RESOLVED      (Esber/Tyrrell) That Council note the Investment Report for June 2020.

13.2	SUBJECT          FOR APPROVAL: Local Government Remuneration Tribunal Determination - Councillor Fees REFERENCE   F2004/06514 - D07377944 REPORT OF Senior Policy Advisor
2836	RESOLVED      (Esber/Tyrrell) That Council confirm the setting of Lord Mayor and Councillor annual fees for the period 1 July 2020 to 30 June 2021 at the maximum permissible levels, being $110,310 and $34,140 respectively.

Note:

1.      Councillor Barrak declared a non-pecuniary and less than significant interest in Item 13.3 and left the Chamber at 6:48pm prior to consideration of the matter.

2.      Councillor Wilson declared a pecuniary interest in Item 13.3 and left the Chamber at 6:48pm prior to consideration of the matter.

13.3	SUBJECT          FOR APPROVAL: Adoption of the Councillors' Expenses and Facilities Policy REFERENCE   F2018/01312 - D07530359 REPORT OF Executive Officer
2837	RESOLVED      (Esber/Tyrrell) (a)     That Council adopt the Councillors’ Expenses and Facilities Policy as at Attachment 1, which includes the amendments summarised in Attachment 2. (b)     That in adopting the Councillors’ Expenses and Facilities Policy, it is noted that Council has taken into consideration the previous resolution of Council, legal advice, advice from the Office of Local Government, and the submission received during the public exhibition period that is provided at Attachment 3. (c)     Further, that Council note a Councillor briefing session with Council’s Insurers was scheduled for Monday 20 July 2020, to brief Councillors’ on Council’s insurance coverage and its relationship with the Councillors’ Expenses and Facilities Policy, including (and not limited to) legal expenses.
	Note: 1.      Councillor Issa arrived at the meeting at 6:38pm during consideration of Item 13.3. 2.      Councillor Barrak returned to the Chamber at 6:49 pm after consideration of Item 13.3. 3.      Councillor Wilson returned to the Chamber at 6:50 pm after consideration of Item 13.3.

13.4

SUBJECT          FOR APPROVAL: Adoption of Delivery Program Year Three: Operational Plan and Budget 2020/21 REFERENCE   F2019/04433 - D07171772 REPORT OF Corporate Strategy Manager; Commercial Manager

2838

RESOLVED      (Esber/Tyrrell) (a)     That Council adopts the Delivery Program (2018-2021) and Operational Plan and Budget 2020/21 inclusive of the:           (i)      Annual Budget           (ii)     Schedule of Fees and Charges as outlined in this report and included as Attachments 1 and 2. (b)     That in adopting the Delivery Program, Operational Plan and Budget 2020/21, it is noted that Council has taken into consideration submissions received via the public exhibition of the documents. (c)     Further, that Council adopts expenditure totalling $493,594 million in the Operational Plan and Budget 2020/21 (incorporating the draft Operational and Capital budgets) and the funds to cover such expenditure be voted.

13.5

SUBJECT          FOR APPROVAL: 2021 Making of the Rates and Annual Charges REFERENCE   F2014/02600 - D07457723 REPORT OF Rates & Receivables Manager

2839

RESOLVED      (Esber/Tyrrell) (a)     That Council makes the Rates and Charges for the 2020/21 Rating year as outlined in this report using the Land Values with a base date of valuation 1 July 2019. (b)     That Council is proposing to increase rates by 2.6% being the max amount allowable by IPART. (c)     Further, that Council adopts the overdue Rates & Charges maximum interest rate of 7% in accordance with Section 566(3) of the Local Government Act 1993.

13.6

SUBJECT          FOR APPROVAL: COVID-19 Relief - Temporary Outdoor Dining Expansion REFERENCE   F2020/01913 - D07507054 REPORT OF Place Manager

2840

RESOLVED      (Esber/Tyrrell) (a)    That Council approves the ‘Guidelines’, ‘Terms & Conditions’, and ‘Application Form’ for businesses to apply for ‘COVID-19 Relief - Temporary Expansion of Outdoor Dining’. (b)    That ‘COVID-19 Relief - Temporary Expansion of Outdoor Dining’ will conclude at the end of the 2020/21 financial year. (c)    That approvals for temporary expansion of outdoor dining areas will be valid for only 30 days to allow for review against current COVID-19 restrictions. (d)    Further that application fees are waived as part of Council’s COVID-19 relief package.

13.7	SUBJECT          FOR APPROVAL: Delegation to Chief Executive Officer for Transfer of Land at 2 Morton Street, Parramatta REFERENCE   F2020/02043 - D07529961 REPORT OF Legal Administration Assistant
2841	RESOLVED      (Tyrrell/Esber) That the report be noted.

14.    Accessible

14.1	SUBJECT          FOR APPROVAL: Proposed changes to the Community Engagement Strategy for the notification of development applications (Deferred Item) REFERENCE   F2016/03461 - D07413443 REPORT OF Group Manager - Development and Traffic Services
2842	RESOLVED      (Pandey/Esber) (a)     That Council publicly exhibit for 28 days the draft consolidated notification requirements, as an appendix to Council’s Community Engagement Strategy, which in summary proposes the following: (i)      Changes to notification timeframes to apply across the Parramatta Local Government Area and as set out in Attachment 1. (ii)     On-site signage to be provided as set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area. (iii)    Letter notification requirements, less the inclusion of attachments, as set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area. (b)     That a report on the outcomes of the exhibition be brought back to Council for its consideration. (c)     That Council utilise legislation changes as they relate to Development Applications that do not require exhibition to: (i)      No longer advertise development application in printed newspapers; (ii)     Notify the ten (10) closest surrounding properties of each DA lodged; (iii)    Notify the owners corporation, owners and tenants of each lot; (iv)    Provide electronic access to Development Application documents at Council offices and libraries. (d)     That Council delegate authority to the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature that may arise during this process. (e)     That Council investigate technological options to receive submissions to proposals and plans placed on public exhibition from people with disability by way of audio recording or transcription recording. (f)      Further, that all Councillors be furnished with a report on development applications lodged in the Local Government Area, divided into wards on a monthly basis.
	Note: 1.      Councillor Bradley arrived at the meeting at 6:57pm during consideration of Item 14.1. 2.      Councillor Esber left the Chamber at 7:06pm and returned at 7:07pm during consideration of Item 14.1.

15.    Green

Nil

16.    Welcoming

Nil

17.    Thriving

Nil

18.    Innovative

18.1	SUBJECT          FOR APPROVAL: Minutes of the Heritage Advisory Committee Meetings held 3 and 18 June 2020 REFERENCE   F2013/00235 - D07516416 REPORT OF Project Officer Land Use
2843	RESOLVED      (Wearne/Issa) (a)     That Council receive and note the minutes of the Heritage Advisory Committee’s meetings of 3 and 18 June 2020. (b)     That Council note, that in response to the recommendation of the Heritage Advisory Committee, that Council officers are pursuing the following actions:- i.        Approaching Western Sydney University (WSU) to see if it is interested in the Subiaco House Columns being relocated on the WSU site including its position on whether the University would be willing to cover the costs of relocation etc. ii.       If WSU is interested, request the following advice from the heritage consultants Council engaged to assist with the Subiaco House Columns relocation project: ·       The appropriateness of locating the Columns on WSU’s Parramatta South Campus (located at the corner of Victoria Road and James Ruse Drive) instead of Collett Park, Parramatta. ·       Whether the consultant considers it appropriate for the Columns to be passed onto a private entity. ·       Any conditions or management arrangements that WSU would need to be aware of when making any decision to accept the Columns. iii.      To advise the Heritage Advisory Committee and Council (via the minutes of the Heritage Advisory Committee) once the above responses are available. (c)     Further, that Council endorse the payment of the following grants to the owners of the listed properties from Council’s Local Heritage Fund: 1.      $841.25 for 1 Gladstone Street, North Parramatta; 2.      $3,300 for 144 Good Street, Harris Park; and 3.      $3,300 for 46 Grose Street, North Parramatta.
	Note: Councillor Wilson left the Chamber at 7:40pm and returned at 7:42pm during consideration of Item 18.1.

18.2

SUBJECT          FOR APPROVAL: Gateway Request: Planning Proposal for land at 1 Windsor Road, North Rocks REFERENCE   RZ/9/2019 - D07484958 REPORT OF Project Officer Land Use

2844

RESOLVED      (Esber/Tyrrell) (a)     That Council endorse the Planning Proposal (at Attachment 1) for the purposes of seeking a Gateway Determination from the Department of Planning, Industry and Environment (DPIE) for land at 1 Windsor Road, North Rocks which seeks to amend Schedule 1 of the Parramatta (former The Hills) Local Environmental Plan 2012 by adding retail premises as an additional permitted use (limited to a maximum of 3,800 m^2) to facilitate a Woolworths supermarket and a liquor store. (b)     That the Planning Proposal be forwarded to the DPIE for a Gateway Determination. (c)     That Council advises the DPIE that the Chief Executive Officer (CEO) will be exercising the plan-making delegations for this Planning Proposal as authorised by Council. (d)     That Council authorise the CEO to negotiate a Planning Agreement on behalf of Council, with the outcome of negotiations to be reported back to Council prior to its concurrent public exhibition with the Planning Proposal, relating to the following: 1.      delivery of a roundabout on North Rocks Road, and 2.      augmentation of the existing bridge over Darling Mills Creek to facilitate increased capacity for pedestrians and cyclists. (e)     That a delivery mechanism be agreed to by the State Government and the proponent to facilitate the delivery of the land required to accommodate future upgrades to the James Ruse Drive/Windsor Rd intersection prior to public exhibition of the Planning Proposal. (f)      That Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan-making process. (g)     Further, that Council note the advice of the Local Planning Panel dated 16 June 2020 in relation to this matter is not consistent with the above recommendation. DIVISION           A division was called, the result being:- AYES:                Councillors Barrak, Davis, Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv, Tyrrell, Wearne, Wilson and Zaiter NOES:                Councillor Bradley

19.    Notices of Motion

19.1

SUBJECT          NOTICE OF MOTION:  Parramatta Touch Football Association REFERENCE   F2019/04433 - D07538929 FROM Councillor Garrard

2845

RESOLVED      (Garrard/Issa) (a)     That Council endorse Parramatta Touch Football Association the use of a golf cart at Doyle Park, and: 1.      Council work with the Club to set ground rules around the use of the cart, i.e., to be used to setting up and packing up the fields, medical emergencies, not to be used in wet weather; and 2.      Ensure the Club have relevant public liabilities in the term and condition of the park hire. (b)     Further, that a report comes back to Council in 12 months’ time on the operations and effect of the golf cart by Parramatta Touch Football Association.

20.    QUESTIONS ON NOTICE

Nil

21.     CLOSED SESSION

2846

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 25/2019 Mobile Services. (D07245746) - 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 (Tender recommendation).

21.1

SUBJECT          FOR APPROVAL: Tender 25/2019 Mobile Services REFERENCE   F2019/04434 - D07245746 REPORT OF IT Service Delivery Manager

2847

RESOLVED      (Esber/Tyrrell) (a)     That Council accepts the preferred tenderer (specified in paragraph 12 of the report) for the Tender ITT 25/2019 ICT Mobile Services for the tender sum as outlined in paragraph 17 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 execute all necessary documents in relation to this matter.

Note: Councillor Garrard left the Chamber at 7:46pm and returned at 7:49pm, and was not present for the vote taken at Item 21.1.

	Procedural Motion
2848	RESOLVED      (Esber/Wilson) That the meeting resume into Open Session.

22.    REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolution for Item 21.1.

23.    CONCLUSION OF THE MEETING

The meeting terminated at 7:50pm.

THIS PAGE AND THE PRECEDING 11 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 27 JULY 2020 AND CONFIRMED ON MONDAY, 10 AUGUST 2020.

Chairperson