Minutes of Council - Monday, 24 August 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, 24 August 2020 AT 6:30pm

PRESENT

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

1. OPENING MEETING

The Deputy Lord Mayor, Councillor Michelle Garrard, opened the meeting at 7:15pm.

Note: The Deputy Lord Mayor opened the meeting once all technical difficulties were resolved for those Councillors who attended the meeting via audio visual link.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL LAND OWNERS

The Deputy 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 Deputy 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

No other announcements were made.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 10 August 2020

2865

RESOLVED (Tyrrell/Esber)

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

(b) Further, that the minutes be amended at Item 9.3, minute 2853 at recommendation (f), to read:

(f) Further, that Council write to World War II veterans who reside in the Parramatta Local Government Area to commemorate and acknowledge this significant anniversary.

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

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

Nil

9. Public Forum

Nil

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

11.1

SUBJECT RESCISSION MOTION: Item 18.1 Council Meeting 10 August 2020 - Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta

REFERENCE RZ/9/2017 - D07581532

REPORT OF Councillor Barrak

MOTION (Barrak/ Wilson)

That the resolution of the Council held on 10 August 2020 in relation to Item 18.1 – Post-exhibition: Planning Proposal, draft Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta namely:

(a) That Council notes the submissions made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement at 33-43 Marion Street, Parramatta, a summary of which is provided at Attachment 2.

(b) That Council endorse for finalisation the Planning Proposal for land at 33-43 Marion Street (provided at Attachment 3) which seeks to amend Parramatta Local Environmental Plan 2011 by way of:

i. Increasing the height of buildings control from 12 metres to 80 metres;

ii. Increasing the floor-space ratio (FSR) control from 2:1 to 6:1 (6.9:1 with design excellence bonus);

iii. De-listing the heritage item at 37 Marion Street, Parramatta;

iv. Including a site-specific provision which allows for an additional 5 percent FSR bonus where the development achieves certain high performing building criteria;

v. Including a site-specific provision to require satisfactory arrangements for the provision of state infrastructure, as required by the Department of Planning, Industry and Environment; and

vi. Include a site specific provision to apply maximum car parking rates in accordance with the Parramatta CBD Strategic Transport Study, as required by Transport for NSW.

(c) That Council forward the Planning Proposal to the Department of Planning, Industry and Environment for finalisation and request that the final notification 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, including amendments following public exhibition relating to design controls for the through-site link.

(e) That Council delegate authority to the Chief Executive Officer to finalise the draft Planning Agreement after considering the amendments requested by the applicant but seeking to ensure that the final Planning Agreement satisfies the following principles:

i. That the Planning Agreement be substantially the same as the exhibited version (at Attachment 5);

ii. That Community Infrastructure be levied against all residential uplift that has been facilitated by the Planning Proposal;

iii. That if the development proposes a primarily residential development and any ancillary commercial development on this site is less than the current 2:1 base FSR then the commercial floor space provided should have no impact on the calculation of the community infrastructure payable;

iv. If the development proposed is a mixed-use development and the development provides commercial floor space greater than the 2:1 base FSR or entirely commercial development then no community infrastructure should be charged for any commercial floor space exceeding the 2:1 base FSR on this site. (Note community infrastructure is not applied to any base FSR regardless of the use of this floor space); and

v. That Community Infrastructure not be levied against any bonuses achieved under the Parramatta LEP 2011 (such as design excellence and high performing buildings) or other Environmental Planning Instruments (such as the Affordable Rental Housing or Seniors Housing SEPPs).

(f) That the Chief Executive Officer be authorised to sign the Planning Agreement on Council’s behalf.

(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 amendment process relating to the Planning Proposal, Development Control Plan and Planning Agreement.

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

be and is hereby rescinded.

The motion moved by Councillor Barrak and seconded by Councillor Wilson on being put was declared LOST on the Deputy Lord Mayor’s casting vote.

DIVISION A division was called, the result being:-

AYES: Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne and Wilson

NOES: Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrrell and Zaiter

12. Fair

12.1

SUBJECT FOR NOTATION: Investment Report for July 2020

REFERENCE F2009/00971 - D07551471

REPORT OF Tax and Treasury Accountant

2866

RESOLVED (Esber/Tyrrell)

That Council note the Investment Report for July 2020.

12.2

SUBJECT FOR NOTATION: Minutes of Audit Risk and Improvement Committee Meeting Held on 28 May 2020

REFERENCE F2020/02054 - D07561088

REPORT OF Coordinator Internal Audit

2867

RESOLVED (Pandey/Tyrrell)

That Council note the minutes of the Audit Risk and Improvement Committee Meeting held on 28 May 2020 as provided at Attachment 1.

12.3

SUBJECT LATE REPORT FOR NOTATION: Excluded Agenda Item

REFERENCE F2019/04433 - D07592282

REPORT OF Governance Manager

2868

RESOLVED (Tyrrell/Dwyer)

That Council defer consideration of this matter for a period of two (2) weeks.

Note: This matter was considered after Item 18.1

13. Accessible

13.1

SUBJECT FOR APPROVAL: Car Share Fees in the Parramatta Local Government Area

REFERENCE F2020/00077 - D07470722

REPORT OF Traffic & Transport Team Leader

MOTION (Tyrrell/ Esber)

(a) That Council note that:

a. Council’s Fees and Charges for car share spaces are similar to the commercial market rate for privately owned car spaces in and near the Parramatta CBD;

b. Council receives higher revenue per year from car share spaces than the equivalent metered parking space; and

c. Council’s car share fees are higher than all other councils for all comparable locations analysed in this report.

(b) That no changes be made to the existing car share fees as detailed in Council’s Fees and Charges Schedule.

(c) Further, that Council adopt the Traffic Engineering Advisory Group (TEAG) recommendations made at its meeting of 26 March 2020 regarding consultation.

AMENDMENT (Bradley/Barrak)

(a) That Council note that:

a. Council’s Fees and Charges for car share spaces are similar to the commercial market rate for privately owned car spaces in and near the Parramatta CBD;

b. Council receives higher revenue per year from car share spaces than the equivalent metered parking space; and

c. Council’s car share fees are higher than all other councils for all comparable locations analysed in this report.

(b) That no changes be made to the existing car share fees as detailed in Council’s Fees and Charges Schedule, other than a 20% reduction to existing $4,410 CBD Core fees.

(c) Further, that Council adopt the Traffic Engineering Advisory Group (TEAG) recommendations made at its meeting of 26 March 2020 regarding consultation for the installation of nine car share parking spaces.

The amendment moved by Councillor Bradley and seconded by Councillor Barrak on being put was declared LOST.

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

2869

RESOLVED (Tyrrell/Esber)

(a) That Council note that:

a. Council’s Fees and Charges for car share spaces are similar to the commercial market rate for privately owned car spaces in and near the Parramatta CBD;

b. Council receives higher revenue per year from car share spaces than the equivalent metered parking space; and

c. Council’s car share fees are higher than all other councils for all comparable locations analysed in this report.

(b) That no changes be made to the existing car share fees as detailed in Council’s Fees and Charges Schedule.

14. Green

14.1

SUBJECT FOR APPROVAL: Transition to Electric Vehicles in Council's Fleet

REFERENCE F2008/00558 - D07370722

REPORT OF Manager Sustainability & Waste

2870

RESOLVED (Tyrrell/Issa)

(a) That Council notes the benefits of both Electric & Hybrid Vehicles for its passenger & truck fleet, as described in this report, with particular focus on the total cost of ownership (TCO) and not just the upfront purchase cost;

(b) That Council purchase and trial a passenger Battery Electric Vehicle for business use and the associated charging infrastructure to be located at the Rydalmere Operations Centre for staff to test drive and verify the comparative costs and benefits over its ‘ownership’ life;

(c) That further work be undertaken to develop a policy to address the future planning, design, installation, maintenance, removal and potential leasing of Electric Vehicle charging stations on public land across the City of Parramatta;

(d) That further work be undertaken to ensure the inclusion of development controls regarding the potential for electric vehicle charging stations for new development and private property;

(e) That Car Share and Ride Share operators are lobbied to transition to electric vehicles with further investigation to occur on the potential opportunity for these forms of transport to replace Council Pool vehicles;

(f) That Council continue to incentivise private leaseback users away from high cost and emission model vehicles; and

(g) Further, that Council make an application to the NSW Government’s Net Zero Plan to subsidise the cost of transitioning passenger and heavy (truck) Battery Electric Vehicles to the fleet.

15. Welcoming

Nil

16. Thriving

Nil

17. Innovative

17.1

SUBJECT FOR APPROVAL: City of Parramatta Events and Festival Strategy

REFERENCE F2019/04433 - D07536868

REPORT OF Group Manager City Experience

2871

RESOLVED (Wearne/Wilson)

(a) That consider of this matter be deferred for a period of two (2) weeks to enable:

i. A workshop to suggest any amendments to the documents or seek further information as Councillors see fit.

ii. For staff to resubmit the entire report to either open Council or confidential, including attachments.

iii. To consider removal of the words “Little India” prefacing the words “Harris Park” where ever they appear in the report/documents.

(b) That a report be brought back to Council each financial year detailing progress against the Events and Festivals Strategy 2020-2025 as well as any significant changes to planned events and festivals.

(c) That the Events and Festivals Strategy 2020-2025 document (Attachment 2) include a specific reference to Riverside Theatres as a current and future events and festivals venue for live performance and a meetings and conferencing venue for business events.

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

18. Notices of Motion

18.1

SUBJECT NOTICE OF MOTION: Peninsula Park Wentworth Point

REFERENCE DA/875/2017/A - D07582478

FROM Councillor Prociv

2872

RESOLVED (Prociv/Issa)

(a) That the delivery of the Peninsula Park Wentworth Point, a key piece of infrastructure required to service the existing and future active and passive recreation needs of the people of Wentworth Point, be recognised and listed as a high priority for the City of Parramatta.

(b) That Council write to the State Government agencies and Ministers responsible for the delivery of Peninsula Park seeking immediate assurances that funds have been allocated and are available for forthcoming and final construction stages of Peninsula Park.

(d) Further, that a report be provided to Council on how to lobby the State Government to achieve the completion of Peninsula Park.

19. Questions on Notice

Nil

Note: Prior to moving into Closed Session, the Deputy 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.

20. CLOSED SESSION

2873

RESOLVED (Tyrrell/Esber)

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:-

21.1 FOR APPROVAL: Tender 13/2020 Telemetry Management. (D07524775) - 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.

21.2 LATE REPORT FOR APPROVAL: Council Office Accommodation. (D07596031) - 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.

21.1

SUBJECT FOR APPROVAL: Tender 13/2020 Telemetry Management

REFERENCE F2020/01303 - D07524775

REPORT OF Catchment Systems Coordinator

2874

RESOLVED (Esber/Tyrrell)

That Council defer consideration of this matter for a period of two (2) weeks to provide clarification on the preferred tenderer and cost price.

21.2

SUBJECT LATE REPORT FOR APPROVAL: Council Office Accommodation

REFERENCE F2019/04434 - D07596031

REPORT OF Development Manager Property Development

2875

RESOLVED (Issa/Tyrrell)

(a) That Council approve the submission of an Expression of Interest for the Property detailed in this report and on the terms outlined in Item 19 and the Attachment.

(b) That Council:

(i) approve the estimated budget of up to $250,000 for preliminary Due Diligence on the Property (“Due Diligence Budget”);

(ii) note if Council is confirmed as a potential purchaser of the Property: the Due Diligence costs will be funded from property reserves. The Due Diligence costs will be expensed against Council’s operating result as they are not eligible for capitalisation against the purchase of the asset.

(c) Further, that Council receive another report that will detail the final and binding offer, including the results of the due diligence and final financial considerations to complete an acquisition of the Property, if the bid is successful.

Note: Councillor Issa left the Chamber at 8.20pm and returned at 8.22pm during consideration of this matter.

Procedural Motion

2876

RESOLVED (Tyrrell/Esber)

That Council return to Open Session.

21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 21.1 to 21.2.

22. CONCLUSION OF MEETING

The meeting terminated at 8:26pm.

Dwyer Electronic Signature THIS PAGE AND THE PRECEDING 9 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 24 AUGUST 2020 AND CONFIRMED ON MONDAY, 14 SEPTEMBER 2020.

Chairperson