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, 12 October 2020 AT 6:30pm
PRESENT
The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:36PM), Phil Bradley (6:36PM), Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa (6:37PM), 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 6:35pm.
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
Councillor Wilson declared a non-pecuniary and less than significant interest in Item 20.3 being NOTICE OF MOTION: Independent Review into Planning Proposal at 33-43 Marion Street Parramatta, as he has legal proceedings pending on another matter. He retired from the meeting prior to debate and voting on the matter.
Note: Councillor Issa arrived at 6:37pm prior to consideration of the Lord Mayoral Minute.
8. Minutes of the Lord Mayor
9. Public Forum
Nil
10. Petitions
11. Rescission Motions
Nil
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That Items 12.2, 12.3 and 13.1 be moved en bloc. |
12. Fair
13. Accessible
14. Green
Nil
15. Welcoming
Nil
16. Thriving
17. Innovative
18. Notices of Motion
18.5 |
SUBJECT NOTICE OF MOTION: 360 Degree Virtual Tour of Willow Grove
REFERENCE F2018/02115 - D07670089
FROM Councillor Pandey
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MOTION (Pandey/Esber)
(a) That Council arrange to digitise Willow Grove and St George’s Terrace by creating a 3D scanning of inside and outside of Willow Grove and St George’s Terrace as part of its current project to digitise Key heritage assets of the City. This will allow the community to get access to a 360-degree virtual tour of the external as well as Internal of the building.
(b) That Council seek consent from the relevant Minister to digitise Willow Grove and St George’s Terrace.
(c) That Council receive an update at the next Council Meeting regarding access and digitisation of Willow Grove and St George’s Terrace.
(d) That interested Councillors be given the opportunity to tour Willow Grove and St George’s Terrace in November 2020.
(e) Further, that the additional funding be sought as a top priority.
AMENDMENT (Wilson/Barrak)
(a) That Council arrange to digitise Willow Grove and St George’s Terrace by creating a 3D scanning of inside and outside of Willow Grove and St George’s Terrace as part of its current project to digitise Key heritage assets of the City. This will allow the community to get access to a 360-degree virtual tour of the external as well as Internal of the building.
(b) That Council seek consent from the relevant Minister to digitise Willow Grove and St George’s Terrace.
(c) That Council receive an update at the next Council Meeting regarding access and digitisation of Willow Grove and St George’s Terrace.
(d) That interested Councillors be given the opportunity to tour Willow Grove in November 2020.
(e) Further, that Council receive a report examining the possible relocation of Willow Grove and St George’s Terrace in light of recent State Government announcements.
The amendment moved by Councillor Wilson and seconded by Councillor Barrak on being put was declared CARRIED on the Lord Mayor’s casting vote.
The amendment then became the motion.
The motion moved by Councillor Wilson and seconded by Councillor Barrak on being put was declared CARRIED.
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(a) That Council arrange to digitise Willow Grove and St George’s Terrace by creating a 3D scanning of inside and outside of Willow Grove and St George’s Terrace as part of its current project to digitise Key heritage assets of the City. This will allow the community to get access to a 360-degree virtual tour of the external as well as Internal of the building.
(b) That Council seek consent from the relevant Minister to digitise Willow Grove and St George’s Terrace.
(c) That Council receive an update at the next Council Meeting regarding access and digitisation of Willow Grove and St George’s Terrace.
(d) That interested Councillors be given the opportunity to tour Willow Grove in November 2020.
(e) Further, that Council receive a report examining the possible relocation of Willow Grove and St George’s Terrace in light of recent State Government announcements.
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Note: 1. Councillor Bradley requested that his name be recorded as having voted against the decision taken in this matter. 2. Councillor Tyrrell left the Chamber at 8:15pm and returned at 8:16pm during consideration of this matter. 3. Councillor Esber left the Chamber at 8:25pm and returned at 8:28pm during consideration of this matter. 4. Councillor Garrard left the Chamber at 8:28pm and returned at 8:30pm during consideration of this matter. 5. Councillor Wilson left the Chamber at 8:40pm and returned at 8:43pm during consideration of this matter. 6. Councillor Issa left the Chamber at 8:43pm and returned at 8:46pm during consideration of this matter. |
18.6 |
SUBJECT NOTICE OF MOTION: Council Sponsorship Policy
REFERENCE F2006/00882 - D07671015
FROM Councillor Dwyer
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That Council carry out a review of the current Sponsorship Policy and bring forward the outcome to a Council Meeting within a reasonable period of time. This report should include how Council’s Policy relates to sponsorship of Council’s Parramatta Riverside Theatre and its events. |
19. Questions with Notice
19.1 |
SUBJECT QUESTION WITH NOTICE: St George's Terrace
REFERENCE F2019/04433 - D07669101
FROM Councillor Prociv
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What rights and/or obligations does the City of Parramatta have to Create NSW in relation to being the licence holder of St. George’s Terrace?
DIRECTOR PROPERTY & PLACE RESPONSE
1. On 3 April 2019, Council (as licensee) entered into a licence agreement with the Planning Ministerial Corporation (the owner of the land). The licence is currently on foot under a monthly holdover.
2. Under the Licence, Council was granted the right to use and occupy the “brown” highlighted and the “blue” hatched areas shown in the below plan (which are Car Parks) (together “the Licenced Area”). This Licensed Area includes Willow Grove and St George’s Terrace.
3. The Licence gives Council the rights to: · Access and occupy the Licenced Area, including operating the Riverbank Car Park, Dirrabarri Lane Car Park and George Khattar Lane Car Park; · Retain all Car Park revenue.
4. Council’s obligations under the Licence include: · To keep all improvements and structures on the Licenced Area (including St George’s Terrace and Willow Gove) vacant (except for the Car Parks); · To not make any alterations or additions or demolish any improvements or structures on the Licensed Area (without the owner’s approval); · To maintain and keep safe all structures and improvements on the Licensed Area; · To take reasonable measures to secure the improvements and structures on the Licensed Area from intrusion and trespassers.
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Note: Councillors Wilson, Tyrrell and Zaiter left the Chamber at 9:06pm and returned at 9:08pm during consideration of this matter. |
19.2 |
SUBJECT QUESTION WITH NOTICE: St George's Terrace Cleanup
REFERENCE F2019/04433 - D07669107
FROM Councillor Prociv
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Did Create NSW specify a day/date that the gallery and yarn art pieces displayed by the community on the exterior and surrounds of St George’s Terrace were required to be removed?
EXECUTIVE DIRECTOR CITY ASSETS AND OPERATIONS RESPONSE
1. Create NSW requested that cleaning was completed by 23 September 2020. |
19.3 |
SUBJECT QUESTION WITH NOTICE: Willow Grove
REFERENCE F2018/02115 - D07670832
FROM Councillor Davis
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Did Create NSW, the Minister or the Minister’s representative write to the CEO or Lord mayor requesting the removal of the restriction on the title of the property known as Willow Grove prior to the sale and did the contents of this letter suggest that if the City of Parramatta did not remove the restrictions/conditions from the title that the Powerhouse Museum may not be relocated to Parramatta?
May all Councillors be furnished with a copy of this letter?
DIRECTOR, PROPERTY & PLACE RESPONSE
1. Neither Create NSW, the Minister or the MinterEllison’s representative wrote to Council requesting the removal of the restrictions on title.
2. The removal of the restrictions on the title was put forward by the State Government in the Call Option Deed which the parties signed in December 2017. |
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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 APPROVAL: EOI 10/2020 Construction of a Pedestrian and Cyclist Bridge across Parramatta River at Alfred Street, Parramatta. (D07585715) - 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. 2 FOR APPROVAL: Tender 14/2020 Bettington Road at York Street, Oatlands - Construction of Roundabout and associated works. (D07525739) - 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: Independent Review into Planning Proposal at 33-43 Marion Street Parramatta. (D07670809) - This report is confidential in accordance with section 10A (2) (a) (i) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals; AND the report contains alleged contraventions of any code of conduct requirements applicable under section 440. |
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That Items 20.1 and 20.2 be moved en bloc. |
20.1 |
SUBJECT FOR APPROVAL: EOI 10/2020 Construction of a Pedestrian and Cyclist Bridge across Parramatta River at Alfred Street, Parramatta
REFERENCE F2020/00616 - D07585715
REPORT OF Manager Capital Projects
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(a) That the four (4) highest ranked companies listed in the table in paragraph 20, be invited to submit a formal tender under a separate Select Tender process in accordance with Clause 168 of the Local Government (General) Regulation 2005.
(b) Further, that all unsuccessful contractors be advised of Council’s decision in this matter. |
20.2 |
SUBJECT FOR APPROVAL: Tender 14/2020 Bettington Road at York Street, Oatlands - Construction of Roundabout and associated works
REFERENCE F2019/04434 - D07525739
REPORT OF Manager Capital Projects
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(a) That Council approve the appointment of the preferred proponent for the Construction of Roundabout at Bettington Road and York Street intersection in Oatlands for the contract sum as outlined in paragraph 13 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. |
20.3 |
SUBJECT NOTICE OF MOTION: Independent Review into Planning Proposal at 33-43 Marion Street Parramatta
REFERENCE F2019/04434 - D07670809
FROM Councillor Barrak
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MOTION (Barrak/Bradley)
1. That the motion at item 21.3 in the Closed Session be moved into Open Session at the next Council 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 in closed session and which is reproduced below for convenience.
2. That any references in the staff report of the "Chief Executive Officer Response" (which is attached to the motion in Supplementary Agenda A) 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 and in accordance with the Code of Conduct.
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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: 1. Councillor Issa retired from the Meeting at 9:20pm prior to the consideration of this matter. 2. Councillors Garrard, Davis and Prociv left the Chamber at 9:20PM and returned at 9:21PM during consideration of this matter. 3. Councillor Wilson left the Chamber at 9:20PM and returned at 9:31PM during consideration of this matter. |
21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION
The Chief Executive Officer read out the resolutions for Items 20.1 to 20.3.
22. CONCLUSION OF MEETING
The meeting terminated at 9:32pm.
THIS PAGE AND THE PRECEDING 20 PAGES
ARE THE MINUTES OF THE ORDINARY COUNCIL
MEETING HELD ON Monday, 12 October 2020 AND CONFIRMED ON Monday, 26 October
2020.
Chairperson