Minutes of Council - Monday, 7 December 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, 7 December 2020 AT 6.30pm

These are draft minutes and are subject to confirmation by Council at its next meeting. The confirmed minutes will replace this draft version on the website once confirmed.

PRESENT

The Lord Mayor, Councillor Bob Dwyer and Councillors Benjamin Barrak (6:36pm), Phil Bradley (6:32pm), Donna Davis, Pierre Esber, Michelle Garrard (Deputy Lord Mayor), Steven Issa, Andrew Jefferies (6:33pm), 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 6.30pm.

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 30 November 2020

3018

RESOLVED (Issa/Tyrrell)

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/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

There were no Minutes of the Lord Mayor made at this meeting.

MATTER OF URGENCY

3019

RESOLVED (Dwyer/Issa)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to Parramatta being recognised as Australia’s Leading Smart City.

The Deputy Lord Mayor ruled the matter to be urgent.

3020

RESOLVED (Dwyer/Issa)

(a) That Council note the City of Parramatta was recognised as Australia’s leading Smart City with our win of the ‘Leadership City’ award at the third annual Smart Cities Awards on Thursday, 3 December 2020.

(b) That Council congratulate the members of our Smart City Advisory Committee, including Chair Councillor Steven Issa and Councillor Sameer Pandey, on this achievement and thank them for their vision and work in guiding Council’s Smart City vision.

(c) That Council congratulate Council’s staff, including the Future City team, on this win, and thank them for the incredible work they do in developing and delivering smart cities projects for the benefit of our communities.

(d) Further, that Council note this achievement would not be possible without our project and industry partners who share in our smart cities vision, and work with Council to deliver innovative new projects and solutions that transform our City.

Matter of Urgency

3021

RESOLVED (Dwyer/Issa)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the 2020 Mayoral Challenge Cricket Match.

The Deputy Lord Mayor ruled the matter to be urgent.

3022

RESOLVED (Dwyer/Issa)

(a) That Council congratulate Mayor Cr Steve Christou and Cumberland City Council on winning the 2020 Mayoral Challenge Cricket Match between City of Parramatta and Cumberland City Council, held Saturday 5 December 2020.

(b) That Council thank and congratulate the Councillors, staff and family members who played on the City of Parramatta team, led by team captain Deputy Lord Mayor Cr Michelle Garrard, for their efforts, sportsmanship and team work.

(c) That Council thank the family, friends and community members who came out to the match to support and cheer on the team.

(d) Further, that Council make a donation of $2,000 to a charity of Cumberland City Council’s choice, as match winners, and note this donation will be matched by Cumberland City Council.

MATTER OF URGENCY

MOTION (Prociv/)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to bus services being withdrawn by Transport for NSW within the Parramatta Local Government Area effective January 2021.

The Deputy Lord Mayor ruled the matter not urgent.

Matter of Urgency

3023

RESOLVED (Esber/Wilson)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the passing of former Councillor Paul Barber’s mother.

The Deputy Lord Mayor ruled the matter to be urgent.

3024

RESOLVED (Esber/Wilson)

(a) That Council extend its condolences to the former Councillor Paul Barber on the passing of his mother and arrange for flowers to be sent to the family.

(b) Further, that Council observe a minutes’ silence as a mark of respect.

Note: Councillor Barrak left the Chamber at 6:54pm and returned at 6:56pm during consideration of this matter.

MATTER OF URGENCY

3025

RESOLVED (Wearne/Wilson)

That a procedural motion be granted to allow consideration of a matter of urgency to rescind Item 16.2 – COVID-19 Update of the Council Meeting of 30 November 2020.

The Deputy Lord Mayor ruled the matter to be urgent.

3026

RESOLVED (Wearne/Wilson)

That the resolution of the Council held on 30 November 2020 in relation to Item 16.2 – COVID-19 Update, namely:

(a) That Council note the progress of actions in Council’s COVID-19 Community Resilience and Economic Relief Package adopted 7 April, 9 June 2020,13 July 2020 and 12 October 2020 (Attachment A).

(b) That Council endorse revisions to the application of 4 of the actions previously endorsed in Council’s COVID-19 Community Resilience and Economic Relief Packages, to more appropriately respond to the changing impacts of COVID-19 on community and businesses, and allow for clarity and ease of implementation (see table in paragraph 28). Specifically, this recommendation endorses revisions to the following:

I. To continue to waiver the fees for all existing and future Outdoor Dining Approvals outside of the Parramatta Light Rail Corridor (with the exception of Parramatta Square) until 30 April 2021, to further support business owners during the COVID-19 recovery phase.

II. To introduce a staged re-introduction of payment processing periods for local small and medium suppliers of goods. Commencing from December 2020 to January 2021, processing periods would increase from 7 days to 14 days, returning to a normal 30-day processing period in February 2021.

III. To continue to waiver the interest on late payments for Council rates, where ratepayers satisfy the hardship criteria (as set out in the Rates Hardship Policy).

IV. To continue to put in place payment plans for late payments of Council rates, where ratepayers are suffering financial hardship and satisfy the hardship criteria (as set out in the Rates Hardship Policy).

(c) That Council note the list of successful recipients of the COVID-19 Response Grants (Business Grants) (Attachment B).

(d) That Council provide in principle support for City of Parramatta’s participation in the NSW State Government’s ‘Outdoor Dining Trial’ Program that provides support for local businesses affected by COVID-19, and for Council Officers to further progress ways to implement the trial in City of Parramatta.

(e) That the Lord Mayor, on behalf of Council, makes representations to NSW State Government Ministers Dominello, Stokes and Perrottet seeking operational and financial support for the development of a ‘CBD activation plan’ for the City of Parramatta, to enable the delivery of NSW State Government led changes to outdoor dining.

(f) That should appropriate financial support be provided from the NSW State Government to facilitate an “opt-in” by City of Parramatta to the ‘Outdoor Dining Trial’ Program, the CEO be delegated authority to formalise any funding related agreements with the NSW State Government and attend to any related administrative and implementation matters, that do not materially alter the position of Council.

(g) Further, that a report be brought to Council to consider any policy related changes that would be required to support the implementation of the ‘Outdoor Dining Trial’ Program in City of Parramatta.

be and is hereby rescinded.

Matter Arising

3027

RESOLVED (Wearne/Wilson)

I. To continue to waiver the fees for all existing and future Outdoor Dining Approvals outside of the Parramatta Light Rail Corridor until 30 April 2021, to further support business owners during the COVID-19 recovery phase.

III. To continue to waiver the interest on late payments for Council rates, where ratepayers satisfy the hardship criteria (as set out in the Rates Hardship Policy).

(c) That Council note the list of successful recipients of the COVID-19 Response Grants (Business Grants) (Attachment B).

9. Public Forum

9.1

SUBJECT PUBLIC FORUM: Item 12.3 - Central City Advocacy & Council's WSROC Membership

REFERENCE F2019/04433 - D07788295

FROM Charles Casuscelli RFD

City of Parramatta Councillors,

Thank you for the opportunity to address you via Public Forum and for your interest in WSROC, I took the opportunity to send a Brief earlier today to all Councillors that summarises the value of continuing membership and the opportunities that this will provide for the people of the City of Parramatta.

I don’t intend to go over the same material but will focus on those things that I believe will be of most significance as we address the challenges as well as the aspirations of the region into the future.

On the basis of just sheer economics, for every $1 of membership fee Parramatta Council will receive $17.69 in direct benefits, this does not include any benefit from advocacy wins or any joint procurement activities. This is more than any other WSROC Council in the Western City and it reflects the outstanding engagement of City of Parramatta Council officers with the many regional initiatives.

WSROCs priorities in the coming year include, but not limited to;

• Making our neighbourhoods more liveable to the urban heat challenge, WSROC is an acknowledged leader in this space, having won State funding to deliver tools to Councils and assist vulnerable communities.

• Developing other waste service delivery models to achieve better outcomes for Councils. WSROC has been invited by the EPA to further progress this initiative.

• Continuing the Western Sydney Energy Program to provide leadership in moving to renewables and reducing emissions.

• Increasing the financial capacity of Councils via various mechanisms.

• Securing a greater share of the waste levy and it being directed to Local Government especially in Greater Western Sydney.

• Securing funding and engagement of the State Government to facilitate the development of Council planning, operating and community engagement systems with incentives in the form of capital grants for early implementation.

There is little doubt that WSROC continues to enjoy a reputation and privileged access to information on the basis of considered advocacy and substantial success in promoting the interests of Greater Western Sydney. For example; WSROC has been intimately involved in helping to shape the soon to be released 20 Year Waste Strategy, having been granted direct access to the authors on multiple occasions.

On advocacy I am guided by a simple observation by that most famous of Roman Emperors Marcus Aurelius who said “that which is not good for the beehive, cannot be good for the bees”, WSROC’s focus has been and continues to be on Greater Western Sydney. Noting that GWS now comprises two cites.

There is good reason for this, State and Commonwealth Governments continue to engage with the region at this level simply because many of the challenges facing us are best addressed at the regional level, some examples include waste infrastructure, urban heat, energy, planning for liveability, transport, levies, and the financial capacity of Councils to address social infrastructure deficits are amongst many others.

On the question of adequate representation of Central City interests, a Central City Forum was established in early 2019 using the WSROC GM/CEO Forum that attracted the participation of all Central City Councils (Blacktown, Cumberland, The Hills and City of Parramatta).

At that forum, Chaired by the CEO of Blacktown City Council ten potential collaborative initiatives were identified and supported for further investigation, at the time City of Parramatta Council decided to not continue the initiative. I am of the understanding that is just awaiting City of Parramatta Council participation and we would welcome such an outcome.

The City of Parramatta Council is an active shareholder of WSROC, it has access to a reputable, highly credentialed and hard-working team of professional officers that have developed outstanding personal and professional relationships with key State agencies.

We do so with the interests of all of our Member Councils in mind, fairly and equitably.

STAFF RESPONSE

No staff response was provided.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

Procedural Motion

3028

RESOLVED (Tyrrell/Esber)

That Item 12.1, 12.2, 13.3, 13.4 and 15.1 be resolved en bloc.

12. Fair

12.1

SUBJECT FOR NOTATION: Annual Code of Conduct Complaint Statistics Returned to the Office of Local Government

REFERENCE F2019/04433 - D07753414

REPORT OF Chief Financial Officer / Acting Executive Director Corporate Services

3029

RESOLVED (Tyrrell/Esber)

That Council note the statistical report on Code of Conduct Complaints relating to Councillors and the Chief Executive Officer for the period 1 September 2019 to 31 August 2020.

12.2

SUBJECT FOR APPROVAL: Provision of Joint Delegated Authority to the Lord Mayor and Chief Executive Officer over the Christmas / New Year Period

REFERENCE F2019/04433 - D07686837

REPORT OF Governance Manager

3030

RESOLVED (Tyrrell/Esber)

(a) That, in accordance with Section 226(d) and Section 377(1) of the Local Government Act 1993, Council delegate joint authority to the Lord Mayor and the Chief Executive Officer to exercise the powers, duties and functions of the Council during the Recess Period, being Tuesday, 8 December 2020 to Monday, 8 February 2021.

(b) Further, that in the event that the Lord Mayor and Chief Executive Officer are required to deal with important or urgent business of the Council during the Recess Period, the process for calling a Delegated Authority Meeting as detailed in the report be followed.

12.3	SUBJECT FOR APPROVAL: Central City Advocacy & Council's WSROC Membership REFERENCE F2019/04433 - D07745778 REPORT OF Executive Officer
	MOTION (Tyrrell/Wearne) (a) That Council approve the withdrawal of membership from the Western Sydney Regional Organisation of Councils Ltd (WSROC). (b) That Council approve the reallocation of the budget savings from the WSROC membership to a specific reserve until a decision is made on any organisation of Councils. (c) That consultation be carried out with Councillors to determine how the Chamber will move forward and a report be provided to Council for a decision within six (6) months. (d) Further, that a report be provided to Council after 18 months following consultation with Councillors and the commencement of any organisation of Councils.
	AMENDMENT (Davis/Esber) a) That this matter be deferred to allow for a comprehensive report to be returned to Council that provides detailed financial analysis, advantages and disadvantages of WSROC membership, an assessment of alternative strategic relationships and consultation with stakeholders and Councillors. b) Further, that Council invite WSROC representatives to a workshop with Councillors. The amendment moved by Councillor Davis and seconded by Councillor Esber on being put was declared LOST. The motion moved by Councillor Tyrrell and seconded by Councillor Wearne on being put was declared CARRIED.
3031	RESOLVED (Tyrrell/Wearne) (a) That Council approve the withdrawal of membership from the Western Sydney Regional Organisation of Councils Ltd (WSROC). (b) That Council approve the reallocation of the budget savings from the WSROC membership to a specific reserve until a decision is made on any organisation of Councils. (c) That consultation be carried out with Councillors to determine how the Chamber will move forward and a report be provided to Council for a decision within six (6) months. (d) Further, that a report be provided to Council after 18 months following consultation with Councillors and the commencement of any organisation of Councils. Note: A Notice of Motion of Rescission signed by Councillors Pandey, Bradley and Esber was lodged after the close of the meeting in relation to this matter.

13. Accessible

13.1

SUBJECT FOR NOTATION: Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 and SEPP 1

REFERENCE F2009/00431 - D07250482

REPORT OF Group Manager - Development and Traffic Services

3032

RESOLVED (Esber/Tyrrell)

That the report be received and noted.

13.2

SUBJECT FOR NOTATION: Minutes of the Cycleways Advisory Committee held between September 2019 and October 2020

REFERENCE F2013/00268 - D07702651

REPORT OF Senior Project Officer Transport Planning

3033

RESOLVED (Issa/Tyrrell)

That Council note the minutes of the Parramatta Cycleways Advisory Committee meetings held in 2019 on 25 September and 20 November, and in 2020 on 22 January and 12 August.

13.3

SUBJECT FOR APPROVAL: Minutes of the Parramatta Traffic Committee Meeting held on 5 November 2020

REFERENCE F2020/00082 - D07250443

REPORT OF Traffic and Transport Manager

3034

RESOLVED (Tyrrell/Esber)

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 5 November 2020, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee meeting held on 5 November 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2011 A1 BETTINGTON ROAD, CARLINGFORD – INSTALL PEDESTRIAN REFUGE ISLAND

The estimated cost of the pedestrian refuge island in Bettington Road south of Felton Road, Carlingford is $250,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

Note that City of Parramatta Council’s Operational Plan 2020-2021 has allocated $1.5 million under Council’s Active Transport Program for traffic projects. A report was considered by the Parramatta Traffic Engineering Advisory Group (TEAG) on 11 June 2020 and by Council on 13 July 2020 regarding the revised 2020/21 Projects List (Ref. TEAG 2006 B5). This project has been included in the list for construction in 2020/21.

ii. ITEM 2011 A2 PEMBROKE STREET BETWEEN NORFOLK ROAD AND ESSEX STREET, EPPING – PROPOSAL TO RAISE THE EXISTING PEDESTRIAN CROSSING

The estimated cost of upgrading the existing marked pedestrian crossing located in Pembroke Street between Norfolk Road and Essex Street, Epping to a raised pedestrian crossing is $240,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

iii. ITEM 2011 A3 evans road at yates avenue, dundas valley – proposed raised thresholds

The estimated cost for the installation of the raised thresholds in Evans Road on both approaches to Yates Avenue, Dundas Valley is $200,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

iv. ITEM 2011 A4 wentworth avenue, toongabbie - proposed road modification works

The modification works are to be completed by the developer at 12 Station Road and 4-10 Wentworth Avenue, Toongabbie at no cost to Council. Therefore, this proposal has no direct financial impact on Council’s budget.

v. ITEM 2011 A5 DARCY ROAD BETWEEN DOROTHY STREET AND PIONEER STREET, WENTWORTHVILLE – RAISED PEDESTRIAN CROSSING

The estimated cost for the installation of a raised pedestrian crossing in Darcy Road west of Dorothy Street, Wentworthville is $240,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

vi. ITEM 2011 A6 BEACONSFIELD STREET AT MELTON STREET NORTH, SILVERWATER – PROPOSED SPEED CUSHIONS

The estimated cost of installing the proposed speed cushions in Beaconsfield Street at both approaches to Melton Street North, Silverwater is $7,000. This project is 100% funded by Council from its 2020/21 Traffic Facilities Funds.

vii. ITEM 2011 A7 ryde street between angus avenue and carlingford road, epping – installation of a one-way restriction

The estimated cost of the proposed one-way restriction (northbound) on Ryde Street between Angus Avenue and Carlingford Road, Epping is $80,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

Note that City of Parramatta Council’s Adopted Operational Plan 2020-2021 has allocated $1.5 million under Council’s Active Transport Program for traffic projects. A report was considered by the Parramatta Traffic Engineering Advisory Group (TEAG) on 13 August 2020 and by Council on 14 September 2020 regarding the revised 2020/21 Projects List (Ref. TEAG 2008 B4). This project has been included in the list for construction in 2020/21.

viii. ITEM 2011 A8 WARD sTREET, EPPING – INSTALLATION OF A NO RIGHT TURN RESTRICTION

The approximate cost for installing the part-time ‘No Right Turn 8am-9:30am 2:30pm-4pm School Days’ restriction is $1000. The proposed works will be funded by Transport for NSW Block Grant Funds for installation and maintenance of traffic signs and line markings in 2020/21. Accordingly, this proposal has no direct financial impact upon Council’s budget.

ix. ITEM 2011 A9 kleins road at moss street, northmead – proposed raised Threshold

The estimated cost for the installation of the raised thresholds in Kleins Road at Moss Street is $100,000. This project is 100% funded by Council from its 2020/21 Active Transport Program Funds.

Note that City of Parramatta Council’s Adopted Operational Plan 2020-2021 has allocated $1.5 million under Council’s Active Transport Program for traffic projects. A report was considered by the Parramatta Traffic Engineering Advisory Group (TEAG) on 11 June 2020 and by Council on 13 July 2020 regarding the revised 2020/21 Projects List (Ref. TEAG 2006 B5). This project has been included in the list for construction in 2020/21.

x. ITEM 2011 A10 felton road at baker street, carlingford – proposed 6-month trial of an ‘All traffic left only 2:30pm – 4:00pm School days’ restriction for eastbound motorists at the roundabout

The estimated cost of installing the proposed ‘All Traffic Left Only 2:30pm-4:00pm School Days’ restriction in Felton Road West (eastbound) at Baker Street is $1,000. The proposed works would be funded by Transport for NSW Block Grant funds for installation and maintenance of traffic signs and line markings in 2020/21. Accordingly, this proposal has no direct financial impact upon Council’s budget.

xi. ITEM 2011 A11 orchard road south of murray farm road, beecroft – proposed speed cushions

The cost estimate for the proposed speed cushions in Orchard Road south of Murray Farm Road is $10,000. This project is 100% funded by Council from the Traffic Facilities Fund.

xii. ITEM 2011 A12 proposed car share parking spaces in harris park, westmead and epping

According to 2020/21 Fees and Charges schedule, initial application fee of $397 and annual renewal application fee of $159 will apply for the installation of each dedicated car share parking spaces in the Parramatta LGA. These fees will cover the costs of installing and removing car share spaces.

xiii. ITEM 2011 A13 BETTINGTON ROAD AT YORK STREET, OATLANDS – REQUEST FOR A SPEED CUSHION ON THE NORTHBOUND APPROACH TO THE APPROVED ROUNDABOUT

The cost estimate for the proposed speed cushion in Bettington Road on the northbound approach of the approved roundabout at York Street, Oatlands is $3,500. This work would be funded as part of the construction of the roundabout at this intersection.

The cost estimate for the roundabout is $395,000. This project is 100% funded by Council from Developer Contributions. Note that the budget allocated for this project is $400,000.

xiv. ITEM 2011 A14 EPPING TO CARLINGFORD CYCLEWAY

Construction of the Epping to Carlingford Cycleway is fully funded by a TfNSW Active Transport grant and the estimated cost of construction is $725,000. Accordingly, this proposal has no direct financial impact upon Council’s budget.

13.4

SUBJECT FOR APPROVAL: Minutes of the Traffic Engineering Advisory Group Meeting held on 5 November 2020

REFERENCE F2020/00077 - D07250453

REPORT OF Traffic and Transport Manager

3035

RESOLVED (Tyrrell/Esber)

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 5 November 2020, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 5 November 2020 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2011 B1 oakes road, winston hills – review of Traffic conditions

This report does not recommend any changes in Oakes Road, Winston Hills. Therefore, this matter has no financial impact upon Council's budget.

ii. ITEM 2011 B2 PROJECT LISTS INCLUDING AN UPDATE ON PROJECTS FOR 2019/20 & 2020/21

There is no financial implication to Council as a result of this recommendation.

iii. ITEM 2011 B3 – OUTSTANDING WORKS INSTRUCTIONS

RMS Block Grant funds for 2020/21 have been used for these works.

13.5

SUBJECT FOR APPROVAL: Post-exhibition report on proposed changes to the Community Engagement Strategy for the notification of development applications

REFERENCE F2016/03461 - D07705633

REPORT OF Group Manager - Development and Traffic Services

3036

RESOLVED (Issa/Tyrrell)

(a) That Council notes the submissions made during the public exhibition of the draft consolidated Development Application notification requirements, a summary of which is provided at Attachment 1.

(b) That Council adopt the draft consolidated DA notification requirements as an appendix to Council’s Community Engagement Strategy and as set out in Attachment 2, which seek to amend the notification requirements by way of:

i. implementing notification timeframes consistent with the current Parramatta Development Control Plan to apply across the Parramatta Local Government Area

ii. notifying all Development Applications for tree removal within Heritage Conservation Areas and on heritage listed sites for 14 days

iii. notifying change of use applications for 14 days where there is potential impact on residential amenity or business operation

iv. providing on-site signage as currently set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area.

v. providing letter notification requirements, less the inclusion of attachments, as currently set out in the Parramatta Development Control Plan, to apply across the Parramatta Local Government Area.

vi. notifying by letter the ten (10) closest surrounding properties for applications. Where there is no impact to adjoining properties to the rear of the subject site, notification be limited to the 5 closest surrounding properties to the side and opposite the subject site.

(c) Further, 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.

Note: Councillors Barrak, Bradley, Wearne and Wilson requested that their names be recorded as having voted against the decision taken on this matter.

13.6

SUBJECT FOR APPROVAL: Stormwater Disposal Policy Review

REFERENCE F2020/03338 - D07741904

REPORT OF Technical Specialist Manager

3037

RESOLVED (Esber/Wilson)

That Council approve the revised Stormwater Disposal Policy provided at Attachment 2.

13.7

SUBJECT LATE REPORT FOR APPROVAL: Free Parking - Ticket Parking Machines (On-Street) and Multi Level Car Park - Christmas Festive Period

REFERENCE F2016/07376 - D07715974

REPORT OF Manager Paid Parking

MOTION (Barrak/Davis)

(a) That Council approve the switch off of the City's parking meters between 24 December 2020 to 4 January 2021 inclusive.

(b) That Council agree to provide free parking at Council owned parking stations from 24 December 2020 to 4 January 2021 inclusive.

AMENDMENT (Issa/Zaiter)

(a) That Council approve the switch off of the City's parking meters on the two (2) business days prior to the Christmas Day and Boxing Day public holidays 2020.

(b) Further, that Council agree to provide free parking at Council owned parking stations for one day on 24 December 2020.

Procedural Motion

3038

RESOLVED (Esber/Tyrrell)

That the meeting be adjourned for ten (10) minutes.

Note: The meeting was adjourned at 8:19pm for a short recess.

3039	RESOLVED (Esber/Tyrrell) That the meeting resume.

The meeting resumed at 8:33pm 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 (8:37pm) and Martin Zaiter.

Upon resumption of the meeting, the amendment moved by Councillor Issa and seconded by Councillor Zaiter was WITHDRAWN.

3040

RESOLVED (Barrak/Davis)

(a) That Council approve the switch off of the City's parking meters between 24 December 2020 to 4 January 2021 inclusive.

(b) That Council agree to provide free parking at Council owned parking stations from 24 December 2020 to 26 December 2020 inclusive.

14. Green

Nil

15. Welcoming

15.1

SUBJECT FOR NOTATION: Minutes of the Riverside Advisory Board Meeting held on 8 October 2020

REFERENCE F2007/00388 - D07731626

REPORT OF Director Riverside Theatres

3041

RESOLVED (Wearne/Wilson)

That Council note the Minutes of the Riverside Theatres Advisory Board Meeting held on 8 October 2020 (Attachment 1).

15.2

SUBJECT FOR APPROVAL: Commemorating John Books

REFERENCE F2019/03627 - D07757521

REPORT OF Executive Officer

3042

RESOLVED (Wearne/Wilson)

(a) That the amenities building being delivered through the Max Ruddock Reserve upgrade be named in honour of former Lord Mayor John Books.

(b) That Council note the delivery of this upgrade has been endorsed by Council through the adopted Operational Plan & Budget 2020-2021, adopted July 2020.

(c) That upon completion of the upgraded amenities building, the family of Mr Books be invited to be part of an official naming and formal dedication of the building and reserves upgrades.

(d) Further, that a briefing note be provided to Councillors by 31 March 2021 containing a list of the names of Council properties such as but not limited to, buildings, parks, playgrounds and reserves.

Note: Councillor Esber left the Chamber at 8:41pm and returned at 8:52pm during consideration of this matter.

16. Thriving

Nil

17. Innovative

17.1

SUBJECT FOR APPROVAL: Progression of Some Site-Specific Planning Proposals in the Parramatta CBD

REFERENCE F2013/01409 - D07736256

REPORT OF A/Team Leader Land Use Planning

3043

RESOLVED (Tyrrell/Barrak)

(a) That Council note the correspondence at Attachment 1 from the Department of Planning, Industry and Environment (DPIE) pertaining to site-specific Planning Proposals (SSPPs) in the Parramatta CBD.

(b) That Council not proceed with the following three SSPP processes for the following reasons:

Planning Proposal site

Reasons

107 George St, Parramatta

The Applicant is no longer pursuing this application and these controls will be achieved via the Parramatta CBD Planning Proposal.

2 Sorrell St, Parramatta

286-302 Church St, Parramatta

Similar controls can be achieved via the Parramatta CBD Planning Proposal for both these sites and, based on engagement with the Applicants, it is not possible to provide DPIE with a clear timetable on when these SSPPs can be progressed.

(c) That Council note further correspondence at Attachment 2 from DPIE including a Gateway alteration outlining that the SSPP for 66-68 Phillip St, Parramatta is not to proceed.

(d) Further, that Council write to DPIE to advise of Council’s resolution.

DIVISION A division was called, the result being:-

AYES: Councillors Barrak, Bradley, Davis, Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Tyrrell, Wearne, Wilson and Zaiter

NOES: Prociv (did not vote and was therefore recorded as having voted against the decision taken in this matter)

17.2

SUBJECT FOR APPROVAL: Public Exhibition - Draft Development Control Plan and draft Planning Agreement at 8-14 Great Western Highway, Parramatta

REFERENCE RZ/6/2019 - D07670441

REPORT OF Project Officer, Land Use Planning

3044

RESOLVED (Tyrrell/Esber)

(a) That Council endorse the draft site-specific Development Control Plan for the land at 8-14 Great Western Highway Street, Parramatta, as provided at Attachment 1, for the purpose of public exhibition.

(b) That Council authorise the Chief Executive Officer to commence the legal drafting of a Planning Agreement in accordance with the terms outlined in this report and to finalise the draft agreement on behalf of Council for the purpose of public exhibition.

(c) That the draft site-specific Development Control Plan and draft Planning Agreement be placed on public exhibition concurrently with the Planning Proposal for land at 8-14 Great Western Highway Street, Parramatta, for a minimum period of 28 days, and the outcome of the public exhibition be reported back to Council.

(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 Development Control Plan and draft Planning Agreement documentation that may arise during the drafting and exhibition processes.

DIVISION A division was called, the result being:-

AYES: Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv, Tyrrell and Zaiter

NOES: Councillors Barrak, Bradley, Davis, Wearne and Wilson

17.3

SUBJECT FOR APPROVAL: Post-exhibition - Re-exhibition of Planning Agreement and Development Control Plan - 295 Church Street, Parramatta

REFERENCE RZ/14/2014 - D07534754

REPORT OF A/Team Leader Land Use Planning

3045

RESOLVED (Esber/Tyrrell)

(a) That Council receives and notes the six Government agency submissions responding to the re-exhibition of the amended Development Control Plan (DCP) and amended Planning Agreement for 295 Church Street, Parramatta.

(b) That Council endorses the re-exhibited DCP (Attachment 1) for finalisation subject to the following two amendments, the first of which arose as a result of Transport for NSW’s submission and the second of which arose from an issue identified by Council officers during the re-exhibition period in association with legal drafting for the related LEP amendment:

i. Minor amendments/additions to the DCP controls to clarify that parking, loading and servicing (excluding set down and pick up for full size coach buses) should happen on-site.

ii. Removal of the DCP reference to parking controls in the current Parramatta Local Environmental Plan (LEP) 2011 Clause 7.14 (Car Parking for Certain Land in Parramatta City Centre) as the DCP should not pre-empt the drafting of the related site-specific Planning Proposal. Council also affirms its support for the parking provisions for this site being included in a site-specific clause rather than in the existing Clause 7.14.

(d) That subject to the Planning Agreement being updated to reflect the prospective new landowner, Council endorses the re-exhibited Planning Agreement (Attachment 2) for execution, and delegates authority to the Chief Executive Officer to sign the Planning Agreement on behalf of Council.

(e) That upon signing of the Planning Agreement, the agreement be forwarded to the Department of Planning, Industry and Environment (DPIE) in accordance with Section 25G of the Environmental Planning and Assessment Regulation 2000.

(f) That, noting that DPIE has requested a clear timetable for resolution of this Planning Proposal, if the prospective new landowner has not taken control of the property and signed the Planning Agreement by 28 February 2021, that Council advise DPIE that Council no longer wishes to progress the related Planning Proposal.

(g) That Council responds to the communication from DPIE at Attachment 3 by advising DPIE of this resolution and noting that this resolution should facilitate finalisation of the Planning Proposal, DCP and Planning Agreement in a timely manner.

(h) That Council supports the approach to drafting the LEP amendment outlined in this report as it relates to parking controls (noting that this approach confirms the limited range of parking rates included in the exhibited site-specific Planning Proposal rather than the more extensive parking range of rates exhibited in the Parramatta CBD Planning Proposal, and recognising that this is a transitional issue arising as a result of the site-specific Planning Proposal’s proceeding in parallel with the Parramatta CBD Planning Proposal).

(i) Further, that Council delegate authority to the Chief Executive Officer (CEO) to correct any minor policy inconsistencies or any anomalies of an administrative nature relating to the Planning Agreement and Development Control Plan.

DIVISION A division was called, the result being:-

AYES: Councillors Dwyer, Esber, Garrard, Issa, Jefferies, Pandey, Prociv, Tyrrell, Wearne, Wilson and Zaiter

NOES: Councillors Barrak, Bradley and Davis

18. Notices of Motion

18.1

SUBJECT NOTICE OF MOTION: Sydney Olympic Park High School

REFERENCE F2019/04433 - D07766911

FROM Councillor Prociv

3046

RESOLVED (Prociv/Issa)

That Council write to the Minister for Education seeking assurances that any masterplan for the proposed Sydney Olympic Park High School includes the following spatial and community requirements:

a. That school buildings and grounds be designed and built to accommodate students from the entire Olympic Peninsula, including Newington, Wentworth Point, Carter St and Olympic Park.

b. Any covered outdoor learning areas be designed and built to accommodate the maximum number of anticipated enrolments.

c. Library and ancillary study spaces be designed and built to serve the entire school community and be included within the school precinct.

d. That Peninsula Park will not be considered as a de-facto school active and or passive green space for use by any NSW Department of Education facilities and/or students during school hours.

e. That any correspondence in relation to this motion be deferred until a planned meeting between representatives of TfNSW and SINSW. And that this correspondence include any decisions/discussions that result from this meeting as they relate to the motion.

f. That a briefing note on the results of the planned meeting with representatives of TfNSW and SINSW, including any proposed changes to the Local Environment Plan and Wentworth Point Development Control Plan, be made available to Councillors at the first opportunity.

g. Copies of any correspondence to the Minister for Education and Minister for Transport be made available to Councillors at the first opportunity.

Note:

1. Councillor Dwyer requested that his name be recorded as having voted against the decision taken on this matter.

2. Councillor Zaiter left the Chamber at 9:05pm and returned at 9:07pm during consideration of this matter.

18.2

SUBJECT NOTICE OF MOTION: Peninsula Park

REFERENCE F2019/04433 - D07767290

FROM Councillor Prociv

3047

RESOLVED (Prociv/Issa)

That the Lord Mayor and CEO write joint letters to the Minister for Transport, Minister for Planning and Minister for Education seeking an urgent meeting to advocate for the construction of the Peninsula Park and to secure assurances that this park will not be absorbed into the site of any future school.

Note: Councillors Dwyer and Wilson requested that their names be recorded as having voted against the decision taken on this matter.

19. Questions with Notice

19.1

SUBJECT LATE REPORT QUESTIONS WITH NOTICE: Questions Taken On Notice from Council Meeting - 30 November 2020

REFERENCE F2019/04433 - D07779371

FROM Governance Manager

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 30 NOVEMBER 2020

Item

Subject

Councillor

Question

Response

Executive Director

14.1

Single Use Plastics

Issa

How many park clean up requests has been received within the LGA over the past 12 months?

A search of the customer service system for the 12 months ending 2/12/2020 has shown that 8 requests were received in the service category of REQUEST FOR THE REMOVAL OF LITTER relating to parks and reserves.

6 requests were also received for Illegally Dumped Rubbish relating to parks and reserves.

John Warburton

16.3

Night Time Economy Activation Grants 2020/2021

Esber

Why is only $10,000 allocated to Outside CBD?

Due to the terms of the Economic Development Special Rate (EDSR) set by IPART, which makes up the majority of the Economic Development budget, any grant funding from this budget can only be spent within the EDSR collection area (within the CBD).

Only $10,000 is currently available from the City Strategy General Budget to allocate to this program for “Outside of CBD”. This amount is consistent with the allocation from the previous financial year.

Geoff King

Note:

1. Councillor Davis left the Chamber at 9:22pm and returned at 9:23pm during consideration of this matter.

2. Councillor Wilson left the Chamber at 9:24pm during consideration of this matter.

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.

20. CLOSED SESSION

3048

RESOLVED (Tyrrell/Bradley)

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 9/2020 Construction of a New Sports Pavilion at Boronia Park, Epping. (D07726789) - 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: Proposed Sale of Part of Gardenvale Road, Oatlands. (D07752040) - 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 (the report contains matters affecting Council property).

3 FOR APPROVAL: Parramatta Square Public Domain Public Art Project. (D07708099) - 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 (This final stage of the selection process included 7 applications, with 2 applicants selected to progress to Council endorsement. EOI applicants will not be informed of the selection outcome until after endorsement by Council, thus not being in confidential session would comprimise this confidentiality. Further, the 2 public art commissions are of signficant value and importance, thus they will be a notable media announcement opportunity, which would be undermined by not being in confidential session.).

4 LATE REPORT FOR NOTATION: Legal Status Report as at 30 October 2020 (Deferred Item). (D07779160) - 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.

Procedural Motion

3049

RESOLVED (Tyrrell/Davis)

That Item 20.1, 20.2 and 20.3 be resolved en bloc.

20.1

SUBJECT FOR APPROVAL: Tender 9/2020 Construction of a New Sports Pavilion at Boronia Park, Epping

REFERENCE F2020/00615 - D07726789

REPORT OF Manager Capital Projects

3050

RESOLVED (Tyrrell/Davis)

(a) That Council approve the appointment of the preferred proponent for demolition and construction of a new sports pavilion at Boronia Park, Epping for the contract sum as outlined in paragraph 15 of this 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.

20.2

SUBJECT FOR APPROVAL: Proposed Sale of Part of Gardenvale Road, Oatlands

REFERENCE F2012/03069 - D07752040

REPORT OF Property Services Officer

3051

RESOLVED (Tyrrell/Davis)

(a) That Council resolve to sell part of Gardenvale Road, Oatlands on the terms set out in paragraph eight of this report.

(b) Further, that Council delegate authority to the Chief Executive Officer to execute all necessary documents to give effect to the sale of that part of Gardenvale Road, Oatlands referred to in this report.

20.3

SUBJECT FOR APPROVAL: Parramatta Square Public Domain Public Art Project

REFERENCE F2019/04434 - D07708099

REPORT OF Acting Group Manager City Experience

3052

RESOLVED (Tyrrell/Davis)

(a) That Council approve the commissioning of the two public artworks for the Parramatta Square public domain, as recommended by the Parramatta Square Public Domain Public Art Selection Panel, detailed in paragraph 10 of this report.

(b) Further, that Council delegate authority to the Chief Executive Officer to execute the contractual agreements on behalf of Council.

20.4

SUBJECT LATE REPORT FOR NOTATION: Legal Status Report as at 30 October 2020 (Deferred Item)

REFERENCE F2019/04434 - D07779160

REPORT OF Group Manager Legal Services

3053

RESOLVED (Issa/Pandey)

That Council note the Legal Status Report as at 30 October 2020.

Note: Councillor Wilson returned to the Chamber at 9:32pm during consideration of this matter.

Procedural Motion

3054

RESOLVED (Tyrrell/Esber)

That the meeting resume into Open Session.

21. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 20.1, 20.2, 20.3 to 20.4.

22. CONCLUSION OF MEETING

The meeting terminated at 9:34pm.

THIS PAGE AND THE PRECEDING 24 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 7 DECEMBER 2020 AND CONFIRMED ON MONDAY, 8 FEBRUARY 2021.

Chairperson