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, 28 September 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 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
No other announcements were made.
5. CONFIRMATION OF MINUTES
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
8. Minutes of the Lord Mayor
9. Public Forum
Nil
10. Petitions
There were no petitions tabled at this meeting.
11. Rescission Motions
Nil
12. Fair
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12.1 |
SUBJECT FOR NOTATION: Investment Report for August 2020 REFERENCE F2009/00971 - D07627393 REPORT OF Tax and Treasury Accountant
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That Council note the Investment Report for August 2020.
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That the meeting be adjourned for ten (10) minutes.
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Note: The meeting was adjourned at 6.47pm for a short recess. |
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That the meeting resume. |
The meeting resumed in the Council Chambers at 6.58pm with the following Councillors in attendance: 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.
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12.4 |
SUBJECT FOR APPROVAL: Continuation of Advisory Committees REFERENCE F2019/04433 - D07608201 REPORT OF Administration Support Officer
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(a) That the four Advisory Committees (Aboriginal & Torres Strait Islander, Access, Cycleways and Heritage) continue to operate to the end of the current term of Council.
(b) That Council notes that Joe Dimech has chosen to step down from the Access Advisory Committee from 11 September 2020 and that Judith Joyce and Colin Kinchela have chosen to step down from the Aboriginal and Torres Strait Islander Advisory Committee from 11 September 2020, all having served their agreed three-year term on the Committees.
(c) That Council notes the continuation on the Aboriginal & Torres Strait Islander Advisory Committee of members Donna-Lee Astill, Kody Boney, Doug Desjardines, Bruce Gale, Lynette Leerson OAM, John Roberston, Phil Russo OAM, Michele Scarcella, Elizabeth Sheppard and Kathleen Summers to the end of the current term of Council.
(d) That Council notes the continuation on the Access Advisory Committee of members Leone Clarke, Scott Green, Timothy Hart, Mark Kunach. Deborah Manuel, John Moxon and Susan Thompson to the end of the current term of Council.
(e) That Council notes the continuation on the Cycleways Advisory Committee of members Charlene Boardley, Darryn Capes-Davis, Bernard Carpenter, Pam Kendrick, Paul McDonald, Ray Rice, Simon Thorne, Ted Richards and Jenny Rose to the end of the current term of Council; and
(f) Further, that Council notes the continuation on the Heritage Advisory Committee of members Jeffrey Allen, Gary Carter, Dibya Chhetry, Ruth Evans, Dr Scott Hill, David Hoffman, Stephanie Licciardo, Carol Liston, Callum Mealey, Christine Rigby, Dr Terrence Smith and Sarah Trevor to the end of the current term of Council. |
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12.5 |
SUBJECT FOR APPROVAL: Continuation of Councillor Appointment to Internal and External Memberships REFERENCE F2019/04433 - D07608214 REPORT OF Governance Manager
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MOTION (Garrard/ Tyrrell)
(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:
(b) That Council nominate Councillor Davis as representative to the Metropolitan Public Libraries Association Ltd. ; and
(c) Further, that the respective bodies be advised of these appointments.
AMENDMENT (Barrak/)
(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:
(b) That Council nominate Councillor Davis as representative to the Metropolitan Public Libraries Association Ltd. ; and
(c) Further, that the respective bodies be advised of these appointments.
The amendment moved by Councillor Barrak lapsed due to lack of a seconder.
The motion moved by Councillor Garrard and seconded by Councillor Tyrrell on being put was declared CARRIED.
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(a) That Council extend the appointment of Councillors to the following internal and external organisations / boards and committees to the expiration of the current Council term:
(b) That Council nominate Councillor Davis as representative to the Metropolitan Public Libraries Association Ltd. ; and
(c) Further, that the respective bodies be advised of these appointments.
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Note: Councillor Barrak was recorded as voting against the motion. |
13. Accessible
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13.1 |
SUBJECT FOR NOTATION: Access Advisory Committee Meeting Minutes held on 16 June 2020 REFERENCE F2005/01944 - D07592426 REPORT OF Community Capacity Building Officer, Community Capacity Building
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That Council note the minutes of the Access Advisory Committee meeting held on 16 June 2020. |
14. Green
Nil
15. Welcoming
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15.1 |
SUBJECT FOR NOTATION: Minutes of the Riverside Advisory Board Meetings held on 14 May, 11 June and 1 July 2020 REFERENCE F2007/00388 - D07589921 REPORT OF Director Riverside Theatres
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That Council note the Minutes of the Riverside Theatres Advisory Board Meetings held on 14 May 2020 (Attachment 1), 11 June 2020 (Attachment 2) and 1 July 2020 (Attachment 3). |
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Note: Councillor Garrard left the Chamber at 7:34pm and returned at 7:36pm during consideration of this matter. |
16. Thriving
Nil
17. Innovative
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17.1 |
SUBJECT FOR NOTATION: Minutes of the Heritage Advisory Committee meeting held on 19 August 2020 REFERENCE F2013/00235 - D07607247 REPORT OF Project Officer Land Use
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That Council note the minutes of the Heritage Advisory Committee meeting held on 19 August 2020.
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Note: 1. Councillor Tyrrell left the Chamber at 7:41pm and returned at 7:42pm during consideration of this matter. 2. Councillor Wilson left the Chamber at 7:42pm and returned at 7:44pm during consideration of this matter. 3. Councillor Issa left the Chamber at 7:43pm and returned at 7:45pm during consideration of this matter. 4. Councillor Jefferies left the Chamber at 7:46pm and returned at 7:47pm during consideration of this matter. 5. Councillor Zaiter left the Chamber at 7:48pm and returned at 7:50pm during consideration of this matter. |
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17.2 |
SUBJECT FOR NOTATION: Minutes of the Smart City Advisory Committee Meeting held 21 July 2020 REFERENCE F2017/00685 - D07559686 REPORT OF Senior Strategic PO Future City
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(a) That Council note the minutes of the Smart City Advisory Committee held on 21 July 2020 (provided at Attachment 1); and
(b) Further, that Council note that the Request for Quotation process for evaluating online parking applications has been completed.
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17.3 |
SUBJECT FOR APPROVAL: Draft Development Control Plan and draft Planning Agreement for land at 235-237 Marsden Road, Carlingford REFERENCE RZ/25/2016 - D07469139 REPORT OF Project Officer Land Use
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(a) That Council endorse the draft site-specific Development Control Plan (DCP) for the land at 235 – 237 Marsden Road, Carlingford, as provided at Attachment 1, for the purposes of public exhibition.
(b) That Council delegate authority to the Chief Executive Officer to prepare the legal drafting of a Planning Agreement in accordance with the letter of offer (provided at Attachment 2) and the specifications of the through site link set out in the draft site-specific DCP (provided at Attachment 1) for the purposes of public exhibition.
(c) That the draft site-specific DCP and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 235 – 237 Marsden Road, Carlingford for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council; and
(d) Further, that Council delegate authority to the Chief Executive Officer to correct any minor inconsistencies or anomalies of an administrative nature relating to the draft site-specific DCP and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.
A division was called, the result being:-
AYES: Councillors Barrak, Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv and Tyrrell
NOES: Councillors Bradley, Davis, Wearne, Wilson and Zaiter
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18. Notices of Motion
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18.1 |
SUBJECT NOTICE OF MOTION: Eat Street Precinct REFERENCE F2016/02180 - D07644550 FROM Councillor Zaiter
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That Council prepare and forward correspondence to and schedule a meeting with the Parramatta Light Rail - TfNSW Program Director within the next week advocating for the following on behalf of all the businesses within the Eat Street Precinct, including all businesses from Macquarie Street to Factory Street:
(a) Details relating to the grace period seating and umbrella arrangements/locations to be immediately disclosed to Council, businesses within the Eat Street Precinct and all other relevant stakeholders. These details should include a scaled drawing of the street to allow the necessary outdoor dining licenses to be prepared and issued by Council to those who want them.
(b) TfNSW to provide at their cost the necessary electrics and lighting to facilitate lighting on the umbrellas for outside dining tables or other similar dining furniture within the Eat Street Precinct when the grace period commences on 1 November 2020.
(c) Details relating to the proposed impacts of the Lennox development during the grace period and proposed activation plans to minimise such impact.
(d) As the Eat Street Light Rail Stop is expected to be approximately 45 metres long, it is requested all businesses in the vicinity of this stop who will have their future outdoor dining capacity impacted are notified of this as soon as possible, including proposed alternate arrangements.
(e) As the micro tunneling has been completed, Council to seek advice from TfNSW when the pits in Centenary Square will be filled in and the Square returned to Council control. Council staff to provide Councillors with detailed activation plans; including costs and timing for activation of the Square once control has been returned to Council; and
(f) Proposed activation plans by TfNSW and Council during the grace period.
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19. Questions on Notice
Nil
Note: Prior to moving into Closed Session, the Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.
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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 NOTATION: Legal Status Report as at 9 September 2020. (D07615710) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. 2 FOR APPROVAL: Acquisition of land for Urban Plaza at Granville. (D07606515) - 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. 3 NOTICE OF MOTION: Planning Proposal, Draft Development Control Plan and Draft Planning Agreement at 33-43 Marion Street Parramatta. (D07648111) - This report is confidential in accordance with section 10A (2) (a) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals. |
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20.1 |
SUBJECT FOR NOTATION: Legal Status Report as at 9 September 2020 REFERENCE F2019/04434 - D07615710 REPORT OF Group Manager Legal Services
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That Council note the Legal Status Report as at 9 September 2020. |
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Note: Councillor Esber declared a non-pecuniary and less than significant interest in this matter and left the chamber during consideration of this matter. |
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20.2 |
SUBJECT FOR APPROVAL: Acquisition of land for Urban Plaza at Granville REFERENCE F2019/04434 - D07606515 REPORT OF Development Manager Property Development
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(a) That Council delegate authority to the Chief Executive Officer to finalise the acquisition by agreement from the Owner for Lot 3 DP200033 at 6 Bridge Street, Granville (Attachment 1) up to the maximum amount specified in item 8.
(b) That Council delegate authority to the Chief Executive Officer to finalise the acquisition by agreement from the Owner for Lot 7 & 8 DP200033 and Lot 10 in DP707727 at 1, 2 and 4 Bridge Street, Granville (Attachment 1) up to the maximum amount specified in item 5.
(c) That Council approve compulsory acquisition of the land noted within the report pursuant to sections 186 and 187 of the Local Government Act 1993 (NSW) and undertake all necessary actions accordingly, if agreement cannot be reached between Council and the Owner.
(d) That Council acquire by compulsory acquisition under sections 186 and 187 of the Local Government Act 1993 (NSW), Lot 3 in DP 200033, Lots 7 & 8 in DP200033 and Lot 10 in DP 705727 for the purpose of a public plaza.
(e) That Council proceed with the necessary application to the Minister for Local Government pursuant to s10A of the Land Acquisitions (Just Terms) Act 1991 (NSW).
(f) That Council approve the making of an application to the Minister for Local Government for the issue of a Proposed Acquisition Notice under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.
(g) That Council approve the making of an application to the Governor for the publication of an Acquisition Notice in the NSW Government Gazette under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) with respect to the Land.
(h) That upon acquisition, all the Land specified in item (a) and (b) above is classified as operational land.
(i) That next steps and future development options will be reported to Council at a future meeting once the acquisitions, the subject of this report, have been completed; and
(j) Further, that Council delegate authority to the Chief Executive Officer to execute on behalf of Council any document associated with the acquisition by agreement or compulsory acquisition process.
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20.3 |
SUBJECT NOTICE OF MOTION: Planning Proposal, Draft Development Control Plan and Draft Planning Agreement at 33-43 Marion Street Parramatta REFERENCE F2019/04434 - D07648111 FROM Councillor Barrak
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MOTION (Barrak/ Bradley)
(a) That the motion be adjourned until the next Council meeting, such that the motion return in the open session rather than the closed session of the meeting as the motion does not fit into any of the sub-categories of section 10A(2) of the Local Government Act 1993 which defines what must be closed session and which is reproduced below for convenience; and
(b) Further, that any reference in the report of the “Executive Director Corporate Services” (which is attached to the motion) remove any references to any documents or persons not referred to in the motion, including removal of all references to the SMH article and persons named therein, such that the motion is dealt with in open session.
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The motion moved by Councillor Barrak and seconded by Councillor Bradley on being put was declared LOST.
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Note: Councillor Issa retired from the Chamber at 8:22pm prior to consideration of this matter. |
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That the meeting resume into open session. |
21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION
The Acting Chief Executive Officer read out the resolutions for Items 20.1 to 20.3.
22. CONCLUSION OF MEETING
The meeting terminated at 8:40pm.
THIS PAGE AND THE PRECEDING 17 PAGES
ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON
Monday, 28 September 2020 AND CONFIRMED ON Monday, 12 October 2020.
Chairperson