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, 26 October 2020 AT 6.30pm

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:35pm), 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 6.31pm.

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

	SUBJECT:        Minutes of the Council Meeting held on 12 October 2020
2945	RESOLVED      (Esber/Garrard) That the minutes be taken as read and be accepted as a true record of the Meeting.

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 Issa declared a non-pecuniary and less than significant interest in Item 8.2 being Lord Mayoral Minute: Congratulations Rydalmere Lions FC - NSW NPL 3 Premiers, as he is a Coach for the Under 6 team. He remained in the Chamber during debate and voting on the matter.

8.     Minutes of the Lord Mayor

8.1	SUBJECT         200th Anniversary of Catholic Education in Parramatta REFERENCE   F2019/03630 - D07716453 REPORT OF Lord Mayor, Councillor Bob Dwyer
2946	RESOLVED      (Dwyer/Wilson) (a)    That Council note the Catholic Education Diocese of Parramatta is currently celebrating 200 years of catholic education in Parramatta and Australia, with the first Catholic School opened in Parramatta in October 1820. (b)    That Council write to the Catholic Education Diocese of Parramatta, and the Catholic Diocese of Parramatta, to congratulate them on this significant milestone and their contributions to education in Parramatta and Australia. (c)    That Council note the Catholic Education Diocese of Parramatta is celebrating this milestone with an online experience, including an interactive timeline, spotlight videos, photos and stories. (d)    Further, that Council note Council officers provided advice and research assistance for this online program, and have shared their own research articles through Council’s Parramatta History and Heritage website to recognise this milestone.
	Note: Councillor Barrak arrived at 6:35pm during consideration of the Lord Mayoral Minute.

8.2	SUBJECT         Congratulations Rydalmere Lions FC - NSW NPL 3 Premiers REFERENCE   F2019/03630 - D07716853 REPORT OF Lord Mayor, Councillor Bob Dwyer
2947	RESOLVED      (Dwyer/Garrard) (a)    That Council congratulate the Rydalmere Lions Football Club and the First Grade team on being crowned NSW NPL 3 Premiers following a win over Bankstown City Lions on Saturday, 10 October 2020. (b)    Further, that Council write to the President of Rydalmere Lions FC congratulating the players, coaching and support staff on this win and the Club’s continued contribution to the game and player development in the City of Parramatta.
	Note: Councillor Issa declared a non-pecuniary and less than significant interest in this matter and remained in the Chamber during consideration and voting on the matter.

9.     Public Forum

Nil

10.   Petitions

There were no petitions tabled at this meeting.

11.   Rescission Motions

Nil

12.   Fair

12.1	SUBJECT         FOR NOTATION: Investment Report for September 2020 REFERENCE   F2009/00971 - D07683906 REPORT OF Tax and Treasury Accountant
2948	RESOLVED      (Esber/Tyrrell) That Council note the Investment Report for September 2020.

12.2	SUBJECT         FOR APPROVAL: Presentation of the audited 2019-2020 Annual Financial Statements REFERENCE   F2019/04433 - D07172073 REPORT OF Chief Financial Officer
2949	RESOLVED      (Esber/Tyrrell) (a)    That Council authorise the Lord Mayor, Deputy Lord Mayor, Chief Executive Officer and Responsible Accounting Officer to sign the following: 1.     2019-2020 General Purpose Financial Statements – Statement by Councillors and Management; 2.     2019-2020 Special Purpose Financial Statements – Statement by Councillors and Management. (b)    That Council receive the Auditor’s Report on the 2019-2020 Annual Financial Statements. (c)    Further, that Council authorise the release of the audited 2019-2020 Annual Financial Statements to the Office of Local Government and for public exhibition.
	Note: A presentation on the Audited 2019-2020 Annual Financial Statements was provided by Mr Nathan Carter from the Audit Office of NSW.

13.   Accessible

13.1	SUBJECT         FOR APPROVAL: Access Advisory Committee Meeting held on 18 August 2020 REFERENCE   F2005/01944 - D07631366 REPORT OF    Community Capacity Building Officer, Community Capacity Building
2950	RESOLVED      (Issa/Garrard) (a)    That Council note the minutes of the Access Advisory Committee meeting held on 18 August 2020 (Attachment 1). (b)    Further, that Council appoints Kimberly Lander and Emily Mahendran as Members of the Access Advisory Committee.

14.   Green

14.1	SUBJECT         FOR APPROVAL: Single Use Plastics REFERENCE   F2008/04610 - D07393519 REPORT OF Manager Sustainability & Waste
	MOTION           (Bradley/Esber) (a)    That Council note the summary of key initiatives undertaken to date to reduce single use plastics, set out in paragraph 8. (b)    Further, that Council approve the recommendations made in paragraph 18 of this report, to continue the reduction of single use plastics in Council operations and activities, based on viable alternatives being available. AMENDMENT   (Issa/Tyrrell) That Council defer consideration of this matter for a period of two weeks for a further report on detailed costings of the matters in paragraph 18 of the report. The amendment moved by Councillor Issa and seconded by Councillor Tyrrell on being put was declared CARRIED on the Lord Mayor’s casting vote. The amendment then became the motion. The motion moved by Councillor Issa, seconded by Councillor Tyrrell on being put was declared CARRIED on the Lord Mayor’s casting vote.
2951	RESOLVED      (Issa/Tyrrell) That Council defer consideration of this matter for a period of two weeks for a further report on detailed costings of the matters in paragraph 18 of the report.
	Note: 1. Councillor Barrak and Councillor Bradley requested that their names be recorded as having voted against the decision taken in this matter. 2. Councillor Garrard left the chamber at 7:12pm and returned at 7:14pm during consideration of this matter.

15.   Welcoming

15.1	SUBJECT         FOR NOTATION: Minutes of the Riverside Advisory Board Meeting held on 13 August 2020 REFERENCE   F2007/00388 - D07654831 REPORT OF Director Riverside Theatres
2952	RESOLVED      (Tyrrell/Garrard) That Council note the Minutes of the Riverside Theatres Advisory Board Meeting held on 13 August 2020 (Attachment 1).

16.   Thriving

16.1	SUBJECT         FOR APPROVAL: Review and Update of MPAC Charter REFERENCE   F2014/00413 - D07599319 REPORT OF Solicitor Property Development Group
2953	RESOLVED      (Issa/Garrard) (a) That Council approve the updated Major Projects and Advisory Group Committee Charter (MPAC Charter) with the inclusion of paragraph 4.7 to read: “Any Councillor (not being a member of the MPAC) may attend meetings as observers and participate as required.” (b)    Further, that Council approve the minor consequential amendments arising as a result of changes to the MPAC Charter to the following governance documents for the Property and Place Directorate: (i)       Property Development and Investment Policy; (ii)       MPAC Service Agreements; and (iii)      PDG Project Workshop – Terms of Reference.
	Note: 1. Councillor Barrak requested that his name be recorded as having voted against the decision taken in this matter. 2. Councillor Zaiter left the Chamber at 7:43pm and returned at 7:45pm during consideration of this matter. 3. Councillor Davis left the Chamber at 7:43pm and returned at 7:45pm during consideration of this matter.

17.   Innovative

17.1		SUBJECT         FOR APPROVAL: Post Exhibition: Development Control Plan for land at 2 O'Connell Street, Parramatta REFERENCE   RZ/2/2017 - D07536189 REPORT OF Project Officer-Land Use Planning
		MOTION          (Prociv/Pandey) (a) That Council note the submissions received to the public exhibition of the amended Development Control Plan (DCP) for 2 O’Connell St, Parramatta. (b) That Council approve the amended and re-exhibited DCP (Attachment 1) for finalisation and insertion within Section 4.3.3 - Parramatta City Centre of the Parramatta Development Control Plan 2011, including an amendment to the DCP to reflect a 3.5m setback. (c) Further, that Council delegate authority to the CEO to correct any anomalies or inconsistencies of a minor and/or non-policy nature when finalising the DCP. AMENDMENT  (Davis/Prociv) That Council defer consideration of this matter for a Councillor Workshop. The motion moved by Councillor Prociv and seconded by Councillor Pandey was then WITHDRAWN. The amendment moved by Councillor Davis and seconded by Councillor Prociv then became the motion. MOTION          (Davis/Prociv) That Council defer consideration of this matter for a Councillor Workshop. AMENDMENT  (Esber/Davis) That Council defer consideration of this matter pending the outcome of Council writing to Transport for New South Wales seeking a review of their decision in relation to the 3.5 metre setback. The motion moved by Councillor Davis and seconded by Councillor Prociv was then WITHDRAWN. The amendment moved by Councillor Esber and seconded by Councillor Davis then became the motion. MOTION          (Esber/Davis) That Council defer consideration of this matter pending the outcome of Council writing to Transport for New South Wales seeking a review of their decision in relation to the 3.5 metre setback. AMENDMENT  (Issa/Tyrrell) (a) That Council note the submissions received to the public exhibition of the amended Development Control Plan (DCP) for 2 O’Connell St, Parramatta. (b) That Council approve the amended and re-exhibited DCP (Attachment 1) for finalisation and insertion within Section 4.3.3 - Parramatta City Centre of the Parramatta Development Control Plan 2011. (c) Further, that Council delegate authority to the CEO to correct any anomalies or inconsistencies of a minor and/or non-policy nature when finalising the DCP. The motion moved by Councillor Esber and seconded by Councillor Davis was then WITHDRAWN. The amendment moved by Councillor Issa and seconded by Councillor Tyrrell then became the motion. MOTION                   (Issa/Tyrrell) (a) That Council note the submissions received to the public exhibition of the amended Development Control Plan (DCP) for 2 O’Connell St, Parramatta. (b) That Council approve the amended and re-exhibited DCP (Attachment 1) for finalisation and insertion within Section 4.3.3 - Parramatta City Centre of the Parramatta Development Control Plan 2011. (c) Further, that Council delegate authority to the CEO to correct any anomalies or inconsistencies of a minor and/or non-policy nature when finalising the DCP. The motion moved by Councillor Issa and seconded by Councillor Tyrrell on being put was declared CARRIED.
2954	RESOLVED      (Issa/Tyrrell) (a) That Council note the submissions received to the public exhibition of the amended Development Control Plan (DCP) for 2 O’Connell St, Parramatta. (b) That Council approve the amended and re-exhibited DCP (Attachment 1) for finalisation and insertion within Section 4.3.3 - Parramatta City Centre of the Parramatta Development Control Plan 2011. (c) Further, that Council delegate authority to the CEO to correct any anomalies or inconsistencies of a minor and/or non-policy nature when finalising the DCP. A division was called, the result being: AYES:              Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Tyrell, Wilson, Zaiter NOES:              Councillors Barrak, Bradley, Davis, Pandey, Prociv, Wearne
	Note: 1. Councillor Davis left the Chamber at 8:00pm and returned at 8:00pm during consideration of this matter. 2. Councillor Garrard left the Chamber at 8:06pm and returned at 8:07pm during consideration of this matter.

	Procedural Motion
2955	RESOLVED      (Dwyer/Garrard) That the meeting be adjourned for five (5) minutes.

Note: The meeting was adjourned at 8:12pm for a short recess.

	Procedural Motion
2956	RESOLVED      (Dwyer/Garrard) That the meeting resume.

The meeting resumed at 8:24pm with the following Councillors in attendance: The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (8:25pm), 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.

17.2

SUBJECT         FOR APPROVAL: Post Exhibition: Planning Proposal, draft Development Control Plan (DCP) and draft Planning Agreement for land at 18-40 Anderson Street, Parramatta REFERENCE   RZ/4/2018 - D07672172 REPORT OF Project Officer Land Use

2957

RESOLVED      (Tyrrell/Esber) (a)    That Council notes: i.   The submissions made during the public exhibition of the Planning Proposal, draft site-specific Development Control Plan and draft Planning Agreement at 18-40 Anderson Street, Parramatta, a summary of which is provided in Table 4 of this report. ii.   That no amendments are required to the Planning Proposal, and therefore in accordance with Council’s policy, the Local Planning Panel is not required to review the Planning Proposal. (b)    That Council endorse for finalisation the Planning Proposal for land at 18-40 Anderson Street, Parramatta (provided at Attachment 1) which seeks to amend the Parramatta Local Environmental Plan 2011 by way of: i.    Amending the land use zone from B5 Business Development to B4 Mixed Use; ii.    Increasing the maximum building height from 18 metres to part 0 metres and part 120 metres; iii.   Increasing the base floor-space ratio control from 4:1 to 6:1; iv.   Including a site-specific provision requiring a minimum 3:1 FSR for non-residential uses; v.   Including a site specific provision that requiring demonstration that Jubilee Park is not overshadowed by development of the site; vi.   Reducing car parking rates in line with the Parramatta CBD Strategic Transport Study; vii.  Including a site-specific provision which allows for an additional 5 percent FSR bonus for the residential FSR if the development achieves certain high performing building criteria, consistent with the draft provisions sought under the Parramatta CBD Planning Proposal; viii. Including a site-specific provision which requires development to provide for a dual water system (dual piping) to future proof for a recycled water system, consistent with the draft provisions sought under the Parramatta CBD Planning Proposal; ix.   Including a site-specific provision which requires the development to demonstrate design excellence and which allows for an additional 15% FSR and/or height consistent with the draft provisions sought under the Parramatta CBD Planning Proposal. (Note: the Planning Proposal will be amended to clarify that the current 25% design excellence bonus contained within the existing Parramatta LEP 2011 does not apply to this site); and x.    Including provision for a satisfactory arrangements clause to enable levying for contributions towards the funding of State public infrastructure, as required by a condition of the Gateway Determination. (c)      That Council formally submit the Planning Proposal to the Department of Planning, Industry and Environment (DPIE) for finalisation when the Planning Agreement has been executed by Council. (d)      That Council endorse for finalisation the site-specific Development Control Plan contained at Attachment 2 for insertion in Section 4.3.3 – Parramatta City Centre of Parramatta Development Control Plan 2011, noting minor amendments made prior to public exhibition relating to the update of Figure 3 (Land Use Plan) and Figure 4 (Building Envelope Plan) and amendments following public exhibition relating to vehicular access. (e)      That Council endorse the draft Planning Agreement at Attachment 3, and delegate authority to the Chief Executive Officer to finalise and be authorised to sign the Planning Agreement on Council’s behalf. (f)       That Council officers write to DPIE to advise of Council’s resolution on this matter and to request that DPIE considers commencing finalisation processes (such as legal drafting and map-making) prior to the formal submission of the Planning Proposal referred to in (c) above, noting that the reason for making this request is to expedite plan-making processes. (g)      Further, that Council delegate authority to 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. A division was called, the result being: AYES:              Councillors Dwyer, Barrak, Davis, Esber, Garrard, Issa,  Jefferies, Pandey, Prociv, Tyrrell, Wilson, Wearne and Zaiter. NOES:              Councillor Bradley

17.3

SUBJECT         LATE REPORT FOR APPROVAL: Access and Digitisation of Willow Grove REFERENCE   F2019/04433 - D07698949 REPORT OF Executive Director City Engagement and Experience

2958

RESOLVED      (Pandey/Davis) (a)    That Council note: (i)     The licence agreement between the Council and the Planning Ministerial Corporation (Licensor) requires the Licensor’s consent to use or occupy Willow Grove; (ii)    The CEO has written to the Licensor seeking consent to provide access for a tour by Councillors and to carry out the digitisation of Willow Grove and St George’s Terrace. (b)    Further, that Council note, subject to receiving consent from the Licensor: (i)     The Cultural Heritage and Tourism Team will proceed to digitise Willow Grove and St George’s Terrace; (ii)    Funds will be reallocated within existing budgets to cover additional project expenses, arising from the digitisation of Willow Grove and St George’s Terrace.

18.   Notices of Motion

18.1	SUBJECT         NOTICE OF MOTION: Tree Canopy in Parramatta CBD REFERENCE   F2019/04433 - D07697229 FROM Councillor Pandey
2959	RESOLVED      (Pandey/Davis) That Council: 1. Prepare a report, including a target and timeframe, to prioritise tree canopy increase in Parramatta CBD which currently has a very low proportion of tree canopy of between 10% to 12% compared to our target of 40% across the Local Government Area. 2. Report on feasibility of a significant tree register for both private and public trees including native trees 3-5m high. 3. Provide a report on development controls to monitor tree replacement and maintenance of newly planted trees that were planted in newer developments as a result of removing existing trees, including recommendations for improvement. 4. Provide a report on what we can do through our DCP to incorporate and encourage private tree planting within the CBD. 5. Provide a report, based on recent investigation and research work, on types/species of trees that are suitable to reduce urban heat. 6. Develop a community recognition program for tree plantation. 7. Prepare a report on a community recognition program for tree plantation. 8. Report on development of a program to encourage local residents to volunteer for tree plantation and maintenance. 9. Prepare a report to be completed by February 2021 outlining a strategy to: i) improve the protection of trees and heritage gardens within Heritage Conservation Areas across the LGA, ii) increase street tree plantings across the LGA. The report is to include possible State and Federal funding sources. iii) Implement a LGA wide education program on the important role trees play in creating a sustainable, liveable and cooler city while also adding value to real estate. The objective of the education program is to dispel myths amongst residents about trees and native wildlife, improve tree maintenance and tree selection while informing residents about incentives including, but not limited to, the DPIE Free Tree Giveaway and City of Parramatta tree program. A Notice of Motion of Rescission signed by Councillors Dwyer, Jeffries and Issa was lodged after the close of the meeting in relation to this matter.
	Note: 1. Councillor Esber left the chamber at 8:44pm and returned at 8:48pm 2.     Councillor Wilson left the chamber at 8:57pm and returned at 9:00pm

19.   Questions with Notice

Nil

20.   CLOSED SESSION

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.

2960

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: Commencement of the 2020/21 Summer Swimming Season at Lake Parramatta. (D07678053) - 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 (This report does discuss details related to a Coronial investigation to which Council is an interested party).

20.1	SUBJECT         FOR APPROVAL: Commencement of the 2020/21 Summer Swimming Season at Lake Parramatta REFERENCE   F2019/03863 - D07678053 REPORT OF Group Manager Social and Community Services
2961	RESOLVED      (Tyrrell/Esber) (a)    That Council endorse the commencement of the swimming season at Lake Parramatta with the provision of lifeguard services at the designated swimming area from Saturday 31 October 2020 – Sunday 28 March 2021. (b)    Further, that Council note the steps that have been taken to improve safety at the designated swimming area as discussed in this report.

	Procedural Motion
2962	RESOLVED      (Esber/Pandey) That a procedural motion be granted to allow consideration of a matter of urgency in relation to Councillor attendance at the Australian Institute of Company Directors course. The Lord Mayor ruled the matter to be urgent.

Matter of Urgency

MOTION          (Esber/Garrard)

That the approval of elected Councillors to attend the Australian Institute of Company Directors course be deferred until after the first meeting of the new term of Council, and Councillors be encouraged to undertake other professional development courses within the current budget.

The motion moved by Councillor Esber and seconded by Councillor Garrard on being put was declared LOST.

	PROCEDURAL MOTION
2963	RESOLVED      (Esber/Tyrrell) That the meeting resume into Open Session.

21.   REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolution for Item 20.1.

22.   CONCLUSION OF MEETING

The meeting terminated at 9:21pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 26 OCTOBER 2020 AND CONFIRMED ON MONDAY, 9 NOVEMBER 2020.

Chairperson