Agenda of Council - Tuesday, 26 April 2022

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, 11 April 2022 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 Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

1. OPENING MEETING

The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:34pm.

2. ACKNOWLEDGEMENT OF THE TRADITIONAL OWNERS OF LAND

The Lord Mayor, acknowledged the Burramattagal people of The Darug Nation as the traditional owners of this land, and paid respect to their ancient culture and to their elders past, present and emerging.

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.

The Lord Mayor further advised that all care will be taken to maintain privacy, however as a visitor in the public gallery, the public should be aware that their presence may be recorded.

4. OTHER RECORDING OF MEETING ANOUNCEMENT

As per Council’s Code of Meeting Practice, the recording of the Council Meeting by the public using any device, audio or video, is only permitted with Council permission. Recording a Council Meeting without permission may result in the individual being expelled from the Meeting.

5. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 28 March 2022

3711

RESOLVED (Noack/Valjak)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3712

RESOLVED (Humphries/Valjak)

That the apologies received from Councillor Prociv for personal reasons be accepted and leave of absence granted.

That the request to attend the Ordinary Council Meeting dated 11 April 2022 via remote means submitted by Councillor Wearne due to personal reasons be accepted.

7. DECLARATIONS OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Preservation of Trees within the City of Parramatta

REFERENCE F2021/02779 - D08482531

REPORT OF Lord Mayor, Councillor Donna Davis

3713

RESOLVED (Davis/Pandey)

(a) That Council review its tree preservation and management controls as part of the preparation of the Draft Harmonisation Development Control Plan (DCP) to ensure they properly provide for the protection of trees within the City of Parramatta.

(b) Further, that Council be presented with the recommendations of the review and any updates to the tree preservation and management controls as part of the future briefings relating to the Draft Harmonisation DCP in advance of a Council Report on the DCP this calendar year.

8.2

SUBJECT 100th Birthday of Uncle Wes Marne

REFERENCE F2021/02779 - D08482569

REPORT OF Lord Mayor, Councillor Donna Davis

3714

RESOLVED (Davis/Bradley)

(a) That Council write to Uncle Wes Marne, senior Aboriginal community Elder in Western Sydney, to wish him a Happy Birthday as he turns 100 on 25 April 2022.

(b) That Council note the significant contributions made by Uncle Wes to the Parramatta and Western Sydney communities over a number of decades.

(c) Further, that Council note members of the Parramatta community will be able to celebrate Uncle Wes, and hear from him, at his book reading and signing to be held at the Parramatta Library on 10 May 2022.

8.3

SUBJECT 75th Anniversary of the Parramatta Eels

REFERENCE F2021/02779 - D08484990

REPORT OF Lord Mayor, Councillor Donna Davis

3715

RESOLVED (Davis/Garrard)

(a) That Council note that 2022 marks the 75^th year since the Parramatta Eels played their first game in the NSWRL premiership in 1947.

(b) That Council note that the Parramatta Eels won premierships in 1981, 1982, 1983 and 1986.

(c) Further, that Council writes to the Parramatta Eels and Parramatta Leagues Club, congratulating them on this momentous anniversary and for the achievements of the Club in their first 75 years.

8.4

SUBJECT Glengarriff House and the Wistaria Gardens

REFERENCE F2021/02779 - D08484992

REPORT OF Lord Mayor, Councillor Donna Davis

3716

RESOLVED (Davis/Darley)

(a) That Council note the passing of the Greater Sydney Parklands Trust Bill 2022 in the Legislative Council and the Legislative Assembly of New South Wales on 29 March 2022.

(b) That Council note the advocacy done by City of Parramatta Council in relation to this Bill, in particular in relation to impacts on Parramatta Park, and the incorporation of Glengarriff House and the Wistaria Gardens into the Park footprint.

i. the transition of Glengarriff House and Wistaria Gardens to Parramatta Park;

ii. future plans to restore the gardens and structures, and increase community access and awareness of these sites; and

iii. any proposed increase in funding to Parramatta Park for the initial repair and ongoing maintenance of Wistaria Gardens and Glengarriff House.

9. Public Forum

9.1

SUBJECT PUBLIC FORUM 1: Item 13.4 Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 8-14 Great Western Highway, Parramatta.

REFERENCE F2022/00105 - D08482934

FROM Yanwen Wang

Dear Lord Mayor and Councillors,

Thank you for your time to read through my statement. My question will start with "Do we have sufficient electricity to accommodate another building ?

" In the past few months and even during COVID19 pandemic period, Great Western Highway area has experienced a few times electrify black out.

Also,

1. "Do we have any sufficient kindergartens, elementary schools, high schools for the children?"

2. "Do we have extra train lines to accommodate the working class?"

These 2 questions may seem to be irrelevant. But they are the essential questions which the Parramatta residents care. We already have many, too many high rise buildings comparing with the other suburbs. With the existing high rise building and yearly council rate payments, we, as the existing Parramatta residents, do not receive any benefit from the Council even for council rate discount because of COVID. We cannot see any benefit to have another building in the area. We would rather you to plant more trees in the area to give us better air.

EXECUTIVE DIRECTOR CITY PLANNING & DESIGN RESPONSE

It is noted that the author of this public forum statement made a submission during the public exhibition period of this proposal raising some of these issues. Those issues raised in the earlier submission are addressed in Attachment 1 to the Council report. I will only speak to the new issues raised in this public forum statement being electricity supply and tree planting.

With regards to electricity supply, Endeavour Energy was consulted during the public exhibition period and raised no objection.

With regards to tree planting, it will be provided on site facilitated by the minimum setbacks proposed in the draft site specific Development Control Plan which allow for deep soil planting. The draft Parramatta City Centre DCP also provides that street trees are to have priority on the majority of streets within the Parramatta CBD, and also contains provisions requiring vegetation to be provided on rooftops and podiums.

Note: Councillor Wearne arrived at the meeting (via audio-visual link) at 6:55pm during the Public Forum.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

A rescission motion on Item 12.3 Council Decision Making was tabled by Councillor Esber, Maclean and Noack, prior to the confidential session and was considered as an urgent matter.

12. For Notation

12.1

SUBJECT Minutes of the Riverside Advisory Board Meeting held on 14 September 2021 and 24 November 2021

REFERENCE F2022/00105 - D08444577

REPORT OF Business Manager, Riverside Theatres

3717

RESOLVED (Esber/Noack)

That Council note the Minutes of the Riverside Theatres Advisory Board Meetings on held 14 September 2021 and 24 November 2021. Full minutes for both meeting are attached as Attachment 1 and Attachment 2.

12.2

SUBJECT Response to Notice of Motion - Wentworth Point Mobile Coverage

REFERENCE F2022/00105 - D08463008

REPORT OF Senior Project Officer

3718

RESOLVED (Noack/Siviero)

That Council receive and note the contents of this report.

12.3

SUBJECT Council Decision Making

REFERENCE F2022/00105 - D08385480

REPORT OF Governance Manager

MOTION (Garrard/Siviero)

That Council take no further action on this matter.

FORESHADOWED MOTION (Pandey/Esber)

That the report be received and noted, and that Council note a review of relevant legislation and agency guides has revealed a list that is including, but not limited to, matters that require Council approval.

The motion moved by Councillor Garrard and seconded by Councillor Siviero was put and declared CARRIED. Therefore the foreshadowed motion was not considered.

3719

RESOLVED (Garrard/Siviero)

That Council take no further action on this matter.

13. For Council Decision

Procedural Motion

3720

RESOLVED (Esber/Garrard)

That the Item 13.1 Advisory Committees of Council be deferred until after the pre-determined meeting break.

13.2

SUBJECT Abandoned Shopping Trolley Trial Outcome Report

REFERENCE F2022/00105 - D08426713

REPORT OF Group Manager Regulatory Services

3721

RESOLVED (Garrard/Wang)

(a) That Council note a trial was undertaken to improve the rate of collection of abandoned trolleys and included:

i. impounding trolleys (abandoned for more than 48 hours) until payment of release fees;

ii. identifying abandoned trolleys and issuing PINS;

iii. reporting abandoned trolleys via alerting the relevant third party trolley tracker/collection services.

(b) That Council endorse continuing reporting abandoned trolleys by council officers via the relevant trolley tracker/collection services and Council note, based on the trial, where [94%] of trolleys reported via the app were collected within 48 hours, it is an effective measure.

(c) That Council not continue the trial of impounding or identifying abandoning trolleys and issuing PINS because they are not viable due to:

i. the high cost of collection and lack of available space for storage;

ii. administration requirements of the Impounding Act.

iii. Lack of enforceability of the PINs

(d) That Council note, to assist the community and provide better customer service, external complaints for abandoned shopping trolleys will be entered into the Trolley Tracker App by Council staff.

(e) Further, that Council note staff will advocate to retail stores that have shopping trolleys to sign up to a Trolley Tracker App or equivalent platform.

13.3

SUBJECT Section 50 Local Government Act 1993 Land Transfers

REFERENCE F2022/00105 - D08451061

REPORT OF Property Officer

3722

RESOLVED (Esber/Maclean)

(a) That Council, in accordance with section 50(4) of the Local Government Act 1993 gazette the vesting of the land identified in Attachment 1, into Council’s ownership.

(b) Further, that Council delegate authority to the Chief Executive Officer to sign all documentation in connection with this matter.

13.4

SUBJECT Post-exhibition - Planning Proposal, draft Development Control Plan and draft Planning Agreement for 8-14 Great Western Highway, Parramatta

REFERENCE F2022/00105 -

APPLICANT/S GLN Planning Pty Ltd

OWNERS JM Malouf Investments Pty Ltd and the Owners Strata Plan 8700

REPORT OF Project Officer – Land Use Planning

3723

RESOLVED (Siviero/Green)

(a) That Council receives and notes the submissions made during the public exhibition of the Planning Proposal, draft Development Control Plan (DCP) and draft Planning Agreement at 8-14 Great Western Highway, Parramatta. A summary of submissions is provided at Attachment 1.

(b) That Council notes the Gateway alteration issued by the then Department of Planning, Industry and Environment (DPIE) on 28 October 2021 determined that the Planning Proposal not proceed on the basis that the Parramatta CBD Planning Proposal is seen as a more efficient way of achieving the objectives of the site-specific Planning Proposal (refer to Attachment 2). Therefore, Council is not able to further consider the Planning Proposal seeking to establish the height and floor space ratio controls for the site as these controls will be determined by the Department of Planning and Environment (DPE) through the finalisation of the Parramatta CBD Planning Proposal.

(c) That Council approve the site specific DCP at Attachment 4 for finalisation and inclusion within Part 10 (Site Specific Controls) of the finalised Parramatta City Centre DCP, including a minor amendment relating to the wording of the relevant Australian Standard relating to driveway access, following the finalisation of the Parramatta CBD Planning Proposal.

(d) That Council not proceed with the Planning Agreement at Attachment 5 exhibited with the site-specific Planning Proposal for 8-14 Great Western Highway recognising that contributions to community infrastructure funding will be required as a condition of development consent pursuant to the contributions plan applicable at the time.

(e) Further, that Council delegate authority to the Chief Executive Officer to make any minor, administrative and/or non-policy amendments to the Development Control Plan during the finalisation process.

DIVISION A division was called, the result being:-

AYES: Councillors Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne

NOES: Councillor Bradley

14. Notices of Motion

14.1

SUBJECT Bridging the Gap at Parramatta Train Station

REFERENCE F2022/00105 - D08470338

FROM Deputy Lord Mayor, Councillor Pandey

3724

RESOLVED (Pandey/Darley)

(a) That Council note:

1. The gap between train and platform at the Parramatta Train Station and the risk it poses to commuters to and from Parramatta.

2. In an average week, five people, mostly children or elderly commuters, fall into the gap between the train and the platform on the Sydney Trains network.

(b) Further, that the Lord Mayor write to the Minister for Transport advocating for urgent measures to be taken to fill the gaps between the train and platform at all impacted stations within the Parramatta LGA, similar to those implemented in other train stations in Sydney.

MATTER OF URGENCY

3725

RESOLVED (Humphries/Valjak)

That a procedural motion be granted to allow consideration of a matter of urgency to acknowledge the significance of Easter to the Christian faith in context with the approaching Easter long weekend.

The Lord Mayor ruled the matter urgent.

3726

RESOLVED (Humphries/Valjak)

That Council note the upcoming Easter weekend for Christians, celebrating the resurrection of Christ.

Procedural Motion

3727

RESOLVED (Esber/Maclean)

That the meeting be adjourned for fifteen (15) minutes.

Note: The meeting was adjourned at 7:47pm for a short recess

The meeting resumed at 8:13pm with the following Councillors in attendance. The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice from Extraordinary Council Meeting - 21 March 2022

REFERENCE F2022/00105 - D08461115

FROM Governance Manager

QUESTIONS TAKEN ON NOTICE FROM THE EXTRAORDINARY COUNCIL MEETING OF 21 MARCH 2022

Item 11.1 – Investment Report for February 2022

Question from Councillor Bradley

During discussion on the motion moved by Councillor Pandey, Councillor Bradley asked the following questions:

1. In relation to the investment funds and credit ratings to the various investments and organisations (page 14 of the February Investment Report), why do some companies with higher credit ratings than AMP Bank have much lower investment?

2. In relation to fossil fuels investments, why does Council invest so much in AMP Bank and Bank of Queensland, and not in other organisations with better credit ratings?

Acting Chief Finance and Information Officer Response

1. The NSW Minister's Order imposes very strict rules upon NSW councils requiring them to only invest in 'senior-ranked' assets issued by authorised deposit-taking institutions (ADIs) regulated by the Australian Prudential Regulation Authority (APRA).

Council’s advisors believe that deposit investments with the lower rated ADIs (BBB and unrated) should be continued going forward as these lower rated ADIs are generally now in a better financial position then they have been historically (refer Capital Ratio figures on page 11 of the Monthly Investment Report: February 2022).

Not only does investing in the lower rated ADIs diversify the investment portfolio and reduce credit risk, but it also improves the portfolio’s overall return as many of these lower rated ADIs are currently offering ‘above market’ specials.

The level of Council investments in AMP Bank and Bank of Queensland as outlined in the February Investment Report, were undertaken in part for diversification purposes, but also because these organisations were offering a higher rate of return compared to the other complying banks in Council’s investment policy at the time of investment.

2. Council’s advisors are regularly consulted about Fossil Fuel investments by the Treasury & Tax Accountant, and since May 2021 a permanent section on Fossil Fuels has been included as part of the Monthly Comprehensive Investment Report.

Reducing the exposure in BBB/Unrated ADIs and switching into A/AA or higher rated ADIs largely contradicts having a fossil fuel free or transitioning to a fossil fuel free lending investment portfolio. Most of the banks/ADIs that are funding fossil fuel are generally the higher rated ADIs including the domestic major banks (TCorp, BoQ, Macquarie, ING, etc.).

It remains currently very difficult to have a fossil fuel free investment portfolio while predominately investing with the higher rated ADIs (A rated or higher), particularly given the lack of complying 'green' assets that Council could invest in.

The level of Council investments with AMP Bank and Bank of Queensland were undertaken in part for diversification purposes, but also because these organisations were offering a higher rate of return compared to the other complying banks in Council’s investment policy at the time of investment.

13.1

SUBJECT Advisory Committees of Council

REFERENCE F2022/00105 - D08385551

REPORT OF Governance Manager

3728

RESOLVED (Humphries/Noack)

(a) That Council note the previous resolutions of Council to establish the Finance Committee and Policy Review Committee and the appointment of Councillors on those Committees at the Council Meetings of 21 February and 14 March 2022 as set out in Attachments 1 and 2.

(b) That Council note the previous resolution of Council to appoint Councillor representation on statutory committees and external bodies at the Council Meeting of 14 March 2022 as set out in Attachment 2.

(c) That Council note the appointment of three (3) independent members to the Major Projects Advisory Committee on the terms outlined in the current MPAC Service Agreement, with the expiration for one member in 2022 and for two members in 2024.

(d) That Council note that the following Committees are recommended to be established at this time:

1. Bushland and Environment Advisory Committee;

2. Parramatta Light Rail Advisory Committee.

(e) That Council approve the establishment of the following advisory committees:

Name of Committee	Councillors	Executive Staff	Community Representatives
5/7 Parramatta Square Advisory Committee Note: Recommended to be established for a fixed term period to end 2022.	Lord Mayor + 4 Councillors	Executive Director, Community Services Executive Director, Property & Place	Nil
Access Advisory Committee	Councillors as ex-officio members	Nil	Twelve (12)
Active Transport Advisory Committee	Councillors as ex-officio members	Nil	Twelve (12)
Citizen of the Year Awards Committee	Lord Mayor (or delegate), Deputy Lord Mayor (or delegate)	Nil	Parramatta Adult Citizen of the Year and two (2) citizen representatives
First Nations Advisory Committee	Councillors as ex-officio members	Nil	Thirteen (13)
Grants Committee	5 Councillors	Executive Director, Community Services	Nil
Heritage Advisory Committee	Councillors as ex-officio members	Nil	Fourteen (14)
Public Art & Heritage Interpretation Advisory Committee	3 Councillors	Executive Director, Community Services	Nil
Riverside Theatres Advisory Committee	4 Councillors	Chief Executive Officer (or delegate)	Eight (8)
Smart Cities Advisory Committee	Lord Mayor + 1 Councillor	Nil	Five (5)

(f) That Council appoint representations for the current term of Council as follows:

i. Councillors Maclean, Prociv, Bradley and Wearne to the 5/7 Parramatta Square Advisory Committee.

ii. Councillors Wang, Esber, Humphries, Darley and Deputy Lord Mayor Pandey to the Grants Committee.

iii. Councillors Davis, Prociv and Garrard to the Public Art & Heritage Interpretation Advisory Committee.

iv. Councillors Valjak, Humphries, Davis and Maclean to the Riverside Theatres Advisory Committee, with Councillors Noack and Pandey appointed as alternates.

v. Deputy Lord Mayor, Councillor Pandey to the Smart Cities Advisory Committee.

vi. Councillors Bradley, Darley and Garrard to the Bushland and Environment Advisory Committee, with Councillor Prociv appointed as an alternate.

vii. Councillors Noack, Pandey and Siviero to the Parramatta Light Rail Advisory Committee with Councillor Prociv appointed as an alternate.

(g) That Council defer the Terms of Reference set out at Attachment 3 to an urgent Policy Review Committee meeting.

(h) Further, that the dates for the committee meetings and expressions of interest process be coordinated through the Lord Mayor, in coordination with Governance, without further delay.

	MATTER OF URGENCY
11.1	SUBJECT RESCISSION MOTION: Item 12.3 Council Decision Making REFERENCE F2022/00105 REPORT OF Councillor Esber
	A rescission motion on Item 12.3 Council Decision Making was tabled by Councillor Esber, Maclean and Noack.
3729	RESOLVED (Esber/Maclean) The Council ruled in favour of the matter of urgency to deal with the Rescission Motion.
3730	RESOLVED (Esber/Maclean) That the resolution of the Council held on 11 April 2022 in relation to Item 12.3 – Council Decision Making, namely: That no further action be taken. be and is hereby rescinded and altered to: That the report be received and noted and not be limited to the list referred to in point 3 of the Officer’s report to Council.

Note: Councillor Garrard left the meeting at 8:53pm prior to the closing of the meeting to the public and press and did not return.

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.

16. CLOSED SESSION

3731

RESOLVED (Esber/Pandey)

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 Tender 37/2021 Experiment Farm Reserve Remediation, Footpath and Landscape Works - Parkes Street, Harris Park. (D08385544) - 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 RFQ 40/2021 Completion of Construction of a New Sports Pavilion – Boronia Park, Epping. (D08385744) - 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 RFQ Haslams Creek Crossing and Hill Road, near M4 - Pedestrian/Cycleway Bridges Detail Design. (D08422125) - 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.

16.1

SUBJECT Tender 37/2021 Experiment Farm Reserve Remediation, Footpath and Landscape Works - Parkes Street, Harris Park

REFERENCE F2021/00521 - D08385544

REPORT OF Manager Capital Projects

3732

RESOLVED (Noack/Green)

(a) That Council approve the appointment of the preferred proponent for the remediation, footpath and landscape works at Experiment Farm Reserve, Parkes Street, Harris Park for the contract sum as outlined in paragraph 14 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

16.2

SUBJECT RFQ 40/2021 Completion of Construction of a New Sports Pavilion – Boronia Park, Epping

REFERENCE F2021/03172 - D08385744

REPORT OF Manager Capital Projects

3733

RESOLVED (Maclean/Esber)

(a) That Council approve the appointment of the preferred contractor for the completion of the construction of a new Sports Pavilion at Boronia Park, Epping for the contract sum as outlined in paragraph 17 of this report.

(b) That Council approve additional budget in the amount of $681,104 required to complete the project as outlined in paragraph 26 of this report and include this amount within the 2022/23 Operational Plan.

(d) Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

16.3

SUBJECT RFQ Haslams Creek Crossing and Hill Road, near M4 - Pedestrian/Cycleway Bridges Detail Design

REFERENCE F2021/01607 - D08422125

REPORT OF Manager Capital Projects

3734

RESOLVED (Noack/Wang)

(a) That Council approve appointment of the preferred proponent to prepare the detailed design of two separate pedestrian/cycleway bridges across Haslams Creek and Hill Road, near the M4 Motorway, Lidcombe, for the contract sum as outlined in paragraph 13 of this report.

(b) That all unsuccessful proponents 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.

Procedural Motion

3735

RESOLVED (Esber/Darley)

That the meeting resume in Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Executive Director Property & Place read out the resolutions for Items 16.1 to 16.3.

18. CONCLUSION OF MEETING

The meeting terminated at 9:11 pm.

THIS PAGE AND THE PRECEDING 14 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON Monday, 11 April 2022 AND CONFIRMED ON Tuesday, 26 April 2022.

Chairperson

Council 26 April 2022 Item 12.1

FOR NOTATION

ITEM NUMBER 12.1

SUBJECT Investment Report for March 2022

REFERENCE F2022/00105 - D08482593

REPORT OF Tax and Treasury Accountant

CSP THEME: Fair

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to inform Council of the investment portfolio performance and compliance for the month of March 2022.

RECOMMENDATION

That Council receive and note the Investment Report for March 2022.

BACKGROUND

1. In accordance with clause 212 of the Local Government (General) Regulation 2005 (the Regulation), a report setting out details of all money invested must be presented to Council on a monthly basis

2. The report must include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993 (the Act), the Local Government (General) Regulation 2005 and Council’s Investment Policy.

ISSUES/OPTIONS/CONSEQUENCES

Investment Portfolio Summary

3. The investment portfolio closing balance as at 31 March 2022 was $447.9m. The average portfolio holdings held throughout the month was $455m.

4. The majority of Council’s investment portfolio is in term deposits (69%). The portfolio also includes liquid floating rate notes (FRNs), cash, and the TCorp Long Term Growth Fund (LTGF).

5. Approximately 9.5% of the portfolio are less conservative long-term investments with exposure to credit markets and domestic and international shares. The investment portfolio is well diversified and weighted towards higher-rated institutions

6. The table below lists the diversified range of investments held by Council as at 31 March 2022.

Table 1: Summary of investment portfolio

7. Investment performance for the month. The investment portfolio reported a monthly- annualised return of 0.99% for March 2022, outperforming the Ausbond bank bill index by 95 basis points. The positive return was on the back of Councils solid book of term deposits with weighted average of 1.14%, bonds at 1.07%, and managed funds reporting a return of 3.12%.

The overall performance however, was somewhat detracted by the negative returns of the TCorp Long Term Growth (LTGF) (-0.42%). The losses this month were led, by a sell-off in fixed bonds, on the expectation of rising interest rates. Global bond markets were torn, between higher inflation and more aggressive central bank activity, whilst at the same time reacting to the ongoing geopolitical tensions (war in Ukraine).

The LTGF is a longer duration fund of 5-7 years, and will suffer volatility over the short term. The fund has returned Council 11.43% over the last 2 years, compared to Term Deposits and bonds (1.40% to 1.60%)

8. Historical investment performance. The table below provides year-to-date and historical investment performance compared to the Ausbond Bank Bill Index.

Table 2: Historical investment portfolio performance

9. Investment income: As at 31 March 2022, the cumulative actual interest earned was $2.81m, falling below the year-to-date budget by approximately -$2.44m. This is due largely to the significant sell off in shares over the last few months. The LTGF has fallen by -$1.615m over the first quarter of 2022.

10. Maturities: Overall, the portfolio remains well diversified from a maturity perspective, with around 31% of assets directed to medium term (2-5 years). There is still capacity to invest in this horizon, and this is where Councils advisors believe the most attractive yields are along the curve. All minimum and maximum criteria meet the policy guidelines

Table 3: Maturity profile

11. The portfolio complies with Council’s Investment Policy rating limits, with ample investment opportunity still available in A-rated institutions, and approx. $77m capacity in BBB+/unrated institutions.

Graph 1: Investment Policy rating capacity

*BBB+/BBB limits combined under Council’s investment policy.

12. Counterparty Limits. All individual counterparty limits comply with council’s investment policy, with the following exceptions:

Table 4: Exceptions to counterparty limits

Institution

Policy Limit ($‘000)

Held ($’000)

Overweight ($’000)

Reason

Compliance Date

No Exceptions

13. Council engage Imperium Markets for assistance in all investment matters relating to advice, risk and portfolio weighting. Imperium monitor the portfolio daily and conduct a monthly health check review. This confirms that Council’s portfolio is being conducted in accordance with the Act, the Regulation and the Investment Policy

14. Detailed investment performance commentary in relation to each investment product /type can be found in the Imperium comprehensive report attached.

Certification of Investments

15. I hereby certify that the investments for the month of March 2022 have been made in accordance with the Act, the Regulations and Council’s Investment Policy:

John Angilley, Chief Finance and Information Officer

CONSULTATION & TIMING

Stakeholder Consultation

16. The following stakeholder consultation has been undertaken in relation to this matter:

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

31 March 2022

Imperium Markets

All Investments are within Policy guidelines and supported by Councils independent advisor.

Refer Imperium Comprehensive Report

All Investments are within Policy limits and reconcile to the General Ledger as at 31 March 2022

John Angilley

Acting Chief Finance and Information Officer

Bruce MacFarlane

Treasury & Tax Accountant

Councillor Consultation

17. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
N/A	N/A	N/A	N/A	N/A

LEGAL IMPLICATIONS FOR COUNCIL

18. Not Applicable

FINANCIAL IMPLICATIONS FOR COUNCIL

19. Investment interest year to date has underperformed budget by $2.44m

This significant fall in interest return is due to the significant sell off in shares during the first quarter of 2022. Interest income is currently being reviewed and is likely to reduce for the full year by between $2.5m and $3.0m to budget.

Bruce MacFarlane

Tax and Treasury Accountant

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Investment and Loans Performance Graph March 2022.pdf	1 Page
2 ⇩	List of Council Investments by maturity March 2022.pdf	8 Pages
3 ⇩	Imperium Comprehensive Investment Report - March 22 .pdf	34 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 12.2

FOR NOTATION

ITEM NUMBER 12.2

SUBJECT Returns for Designated Persons

REFERENCE F2022/00105 - D08472195

REPORT OF Governance Manager

CSP THEME: FAIR

workshop/briefing date: NIL

PURPOSE:

The purpose of this report is to table Disclosures of Interest and Other Matters in Written Returns submitted in accordance with clause 4.25 of Council’s Code of Conduct.

RECOMMENDATION

(a) That Council receive and note the Disclosures of Interest and Other Matters in Written Returns tabled at the meeting in accordance with the requirements of Council’s Code of Conduct.

(b) Further, that Council notes the Disclosures of Interest and Other Matters in Written Returns will be included in the Register of Returns Disclosing Interests in accordance with Section 440AAB of the Local Government Act 1993.

BACKGROUND

1. Clause 4.21 of Council’s Code of Conduct (Code) requires a Councillor or Designated Person to make and lodge with the Chief Executive Officer (CEO) a return in the form set out in Schedule 1 of the Code, disclosing the Councillor’s or designated person’s interests as specified in schedule 1 of the Code within three (3) months after becoming a Councillor or designated person.

2. Clause 4.25 requires that the CEO must table all returns required to be lodged under 4.21(a) of the Code, at the first Council meeting after the last day the return is required to be lodged.

3. In accordance with Clause 4.21 of the Code, Councillors and designated persons have completed and lodged Pecuniary Interest returns within three (3) months of being appointed Councillor or designated person.

4. Disclosures of Interest and Other Matters in Written Returns lodged under clause 4.21 of the Code is to be made publicly available in accordance with the Government Information (Public Access) Act 2009, the Governance Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

ISSUES/OPTIONS/CONSEQUENCES

5. Disclosures of Interest and Other Matters in Written Returns which have been completed by Councillors and designated persons is to be made publicly available in accordance with the Government Information (Public Access) Act 2009, the Governance Information (Public Access) Regulation 2009 and any guidelines issued by the Information Commissioner.

6. Redacted returns removing personal information will be published on Council’s website in accordance with Council’s obligations under the Code of Conduct. Any request to view the full return of designated persons will be actioned in accordance with strict protocols.

7. It is recommended that Council receive and note the Returns tabled at this meeting, in accordance with the requirements of Council’s Code of Conduct.

CONSULTATION & TIMING

Stakeholder Consultation

8. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
31/03/2022	Newly appointed Executive Directors	Nil	Notification to complete an annual disclosure of interest return	Governance

Councillor Consultation

9. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
21 December 2022	All	Nil	Electronic forms sent to Councillors via email	Councillor Support
December 2021 to January 2022	All	Nil	Hard copy form provided in the Councillor induction pack, collected by Councillors over this period.	Councillor Support
18 March 2022	N/A	Nil	Reminder email sent to Councillors advising to complete their annual disclosure of interest forms	Governance

LEGAL IMPLICATIONS FOR COUNCIL

10. Clause 4.21 of Council’s Code of Conduct (Code) requires a Councillor or Designated Person to make and lodge with the Chief Executive Officer (CEO) a return in the form set out in Schedule 1 of the Code, disclosing the Councillor’s or designated person’s interests as specified in schedule 1 of the Code within three (3) months after becoming a Councillor or designated person.

FINANCIAL IMPLICATIONS FOR COUNCIL

11. There are no unbudgeted financial implications for Council associated with this report. The staff costs in collating the designated persons returns are provided for within existing adopted operating budgets.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source	NA

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Patricia Krzeminski

Governance Manager

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 26 April 2022 Item 12.3

FOR NOTATION

ITEM NUMBER 12.3

SUBJECT ARIC Annual Report 2021

REFERENCE F2022/00452 - D08464600

REPORT OF Coordinator Internal Audit

CSP THEME: Fair

workshop/briefing date: nIL

PURPOSE:

This report provides a summary of the operations of the Audit Risk and Improvement Committee (ARIC) in accordance with the ARIC Charter for the period from January 2021 to December 2021.

RECOMMENDATION

That Council receives and notes the 2022 Annual Report from the ARIC.

BACKGROUND

1. Council established the Audit Committee in 2008. The Committee changed its name to Audit and Risk Committee in 2013 and then Audit, Risk and Improvement Committee (ARIC) in 2018.

2. Clause 6.2 in the ARIC Charter requires the Committee to report regularly, and at least annually, to Council on the management of risk and internal controls and on its oversight role of the internal audit function.

3. For the year ended 31 December 2021 the independent committee members were Dr Colin Gellatly (Chairperson), Donna Rygate and Mark McCoy. Up to the dissolution of Council in November 2021 the Councillor representatives on the ARIC were Councillors Michelle Garrard and Sameer Pandey.

4. The Chief Executive Officer, Council’s auditors and other Council officers are invited to the ARIC meetings which is consistent with the Internal Audit Guidelines issued by the Office of Local Government (then Division of Local Government) in September 2010.

ISSUES/OPTIONS/CONSEQUENCES

5. Council’s Internal Audit has been functioning in a co-sourced structure where internal audit services are undertaken by Council’s Coordinator Internal Audit and contracted service provider, BDO Services Pty Ltd.

6. The Executive Team and the ARIC have endorsed an Annual Internal Audit Program and a three-year Strategic Internal Audit Program. The current Strategic Internal Audit Program is based on a formalised risk assessment methodology linked to Council’s Enterprise Risk Management program.

7. Internal audits were scheduled and conducted in accordance with the Internal Audit Programs under the oversight of Executive Director Corporate Services and the ARIC.

8. Attachment 1 to this report is the 2021 Annual Report prepared by the Chairperson of ARIC in respect of the activities undertaken by the Committee during the period from January 2021 to December 2021.

9. Attachment 2 to this report is the current ARIC Charter.

CONSULTATION & TIMING

Stakeholder Consultation

10. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
31 January 2022	Risk & Audit Manager	Manager made minor amendments on draft report.	Forwarded revised draft to ARIC Chair for comment.	Risk & Audit / Corporate Services Coordinator Internal Audit
9 February 2022	Chairperson of ARIC	Approved	Forwarded approved final draft to ARIC members.	Risk & Audit / Corporate Services Coordinator Internal Audit
9 February 2022	Audit, Risk and Improvement Committee (ARIC)	Feedback received incorporated into report.	Chairperson approved minutes accepted as final.	Risk & Audit / Corporate Services Coordinator Internal Audit

Councillor Consultation

11. The following Councillor consultation has been undertaken in relation to this matter:

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

24 February 2021

Councillor representatives on ARIC

No comment from councilor representatives.

No further action.

Risk & Audit / Corporate Services

Coordinator Internal Audit

LEGAL IMPLICATIONS FOR COUNCIL

12. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

13. There are no financial implications associated with this report.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	NIL	NIL	NIL	NIL

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	NIL	NIL	NIL	NIL

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL	NIL	NIL	NIL

Steven Unkovic

Coordinator Internal Audit

Bruce Ferguson

Risk & Audit Manager

Bernadette Cavanagh

Chief People & Culture Officer

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	ARIC Annual Report 2021	4 Pages
2 ⇩	ARIC Charter	10 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 12.4

FOR NOTATION

ITEM NUMBER 12.4

SUBJECT Quarter Two Progress Report - Delivery Program and Operational Plan 2021/22 (Deferred Item)

REFERENCE F2022/00105 - D08469627

REPORT OF Corporate Strategy Manager

CSP THEME: FAIR

workshop/briefing date: Nil

Note: This report was deferred from the Council Meeting of 28 March 2022 for a Councillor Workshop.

PURPOSE:

To present Council’s Quarter Two (Q2) progress on implementing the Delivery Program 2018-22 and Operational Plan 2021/22.

RECOMMENDATION

That the report be received and noted.

BACKGROUND

1. The Local Government Act 1993 via the Integrated Planning and Reporting Guidelines 2021 requires that the General Manager (Chief Executive Officer) provide progress reports to the Council with respect to the principal activities detailed in the Delivery Program at least every six months.

2. At its meeting of 28 June 2021, Council adopted an amended Delivery Program for 2018-2022 (the Plan), inclusive of the Year Four Operational Plan & Budget for 2021/22. The structure of the Plan reflects the six Strategic Goals of the City’s Community Strategic Plan (CSP) – Fair, Accessible, Green, Welcoming, Thriving, and Innovative.

ISSUES/OPTIONS/CONSEQUENCES

3. The Q2 Progress Report (the Report) in Attachment 1 provides an update on progress made in the second quarter of the 2021/22 financial year (September - December 2021) against the Principal Activities, Focus Areas and Service Measures in the Plan.

4. The Report is structured by the six Goals from City of Parramatta’s CSP. An Exceptions Report listing only Focus Areas ‘off track’ or ‘on hold’, and Service Measures ‘not achieved’, is provided in pages 5 to 17 of the Report.

5. After notation by Council, the Report will be published on the Quarterly and Annual Reporting section of Council’s website.

Q2 status summary of Focus Areas and Service Measures

6. COVID-19 public health orders and changes in community behaviours significantly affected some Council services and projects in Q2. These impacts are reflected in the Report, with a number of action items reporting this as a contributor for abnormal or off target performance.

7. At 31 December 2021, 75% of Council’s 49 Focus Areas were reported as either completed or progressing on track. A further 25% were reported as either progressing off track or on hold.

Focus Area status	#	%
Completed	5	10%
Progressing – on track	32	65%
Progressing – off track	11	23%
On hold / stopped	1	2%
Not due to start	0	0%
Total	49	100%

8. At 31 December 2021, 43% of Council’s 88 Service Measures were reported as achieved or on track to achieve their targets. 33% were reported as not achieved, with at least 19 of these 29 Service Measures citing COVID-19 or election postponement related impacts to their service. For 24% of measures, data was reported as not available or not due in this period.

Service Measure status	#	%
Achieved / on track	38	43%
Not achieved	29	33%
Data not available / Not due	21	24%
Total	88	100%

CONSULTATION & TIMING

Stakeholder Consultation

9. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
Jan – Feb 2022	Reporting officers; Executive Approvers	All business units with reportable items in the Plan have been consulted to compile the Report.	Final draft report finalised.	All business units, led by City Strategy

Councillor Consultation

10. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
N/A	N/A	N/A	N/A	N/A

LEGAL IMPLICATIONS FOR COUNCIL

11. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

12. There are no unbudgeted financial implications associated with this report.

13. The table below summarises the financial impacts on the budget arising from approval of this report.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Dayne Glinkowski

Corporate Strategy Manager

John Angilley

Chief Finance and Information Officer

Nicole Carnegie

Group Manager, City Strategy

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩

Q2 Progress Report - Delivery Program and Operational Plan 2021/22

52 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 12.5

FOR NOTATION

ITEM NUMBER 12.5

SUBJECT Response to Council’s resolution on trees in the Parramatta CBD

REFERENCE F2022/00105 - D08386013

REPORT OF Strategy Manager

csp theme: GREEN

PURPOSE:

To provide a report on trees within the Parramatta CBD in response to a Council resolution.

RECOMMENDATION

(a) That Council receive and note the report.

(b) Further, that Council note a Councillor Workshop will be held on the Environmental Sustainability Strategy including the matters contained in this report.

BACKGROUND

1. This report responds to a Council resolution (initiated by a Notice of Motion) made on 30 November 2020, as follows:

That Council, in relation to the CBD only:

a) 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 LGA.

b) Report on feasibility of a significant tree register for both private and public tree.

c) Provide a report on development controls to monitor tree replacement and maintenance of newly planted trees that were planted in newer development as a result of removing existing trees, including recommendations for improvement.

d) Provide a report on what we can do through our DCP to incorporate and encourage private tree planting within the CBD.

e) Provide a report, based on recent investigation and research work, on types/species of trees that are suitable to reduce urban heat.

f) Report on feasibility of a program where residents can request one tree at any time during the year.

2. The following sections provide a response to each component of Council’s resolution.

PART 1 - RESPONSE TO NOM ACTION (a) – Report CBD Tree Canopy increase target and timeframe.

3. Under the adopted Environmental Sustainability Strategy (2017), Council set a total tree canopy cover target of 40% by 2050 to increase tree canopy across the City of Parramatta, including the Parramatta CBD. The Strategy does not include a separate specific tree canopy target for the CBD.

4. In 2022, Council will undertake a refresh of the 2017 Environmental Sustainability Strategy which will seek to incorporate any recommendations from the review of our tree canopy data and targets.

5. A specific ‘target and timeframe to prioritise tree canopy increase in the Parramatta CBD’ is not recommended, without a site-specific constraints assessment within the CBD to ensure that any target set is realistic.

6. The current timeframe and target of 40% by 2050 across the City of Parramatta, as set out in the Environmental Sustainability Strategy, are recommended to be retained until the Environmental Sustainability Strategy refresh has been undertaken to ensure any targets are set in alignment with Council’s broader strategic framework.

7. A Councillor Workshop has been scheduled to provide Councillors an overview of the current Environmental Sustainability Strategy on May 4^th, 2022.

8. A report with further detail on the current context for setting City of Parramatta tree canopy targets has been provided at Attachment 1.

PART 2 - RESPONSE TO NOM ACTION (b) - Significant tree register feasibility (public and private)

9. It is important to understand the value and benefit of a significant tree register before determining the feasibility and resourcing costs associated with the establishment and ongoing management of a significant tree register. This is explained further below.

10. In respect to development applications and private trees, the benefits of a significant tree register are limited under current legislation and tree protection provisions as the current Council controls applying to private trees generally apply to trees of 5m or more in height. It would be very unusual to consider a tree with a height of less than 5-6m as worthy of inclusion on a significant tree register by virtue of the lack of prominence in the landscape.

11. The current controls already apply a detailed assessment process for trees of 6m or more via:

i. Development Control Plans (DCPs) are already in place to protect these trees. In some parts of the Parramatta LGA approval is required for removal of a tree of 5m in height.

ii. A Complying Development Certificate (CDC) cannot be issued if the proposal involves removal of a tree within the building envelope or within 3m of the proposed building with a height of:

o 6m (for extension of a dwelling), or

o 8m (for a new dwelling)

12. The applicant in cases where a tree greater than 6m/8m is proposed to be removed must either

(a) get approval to remove the tree via a separate application and then have a CDC issued based on the separate approval or,

(b) lodge a Development Application for the entire development including the proposed tree removal.

13. In respect to public trees on Council land, the Parramatta Development Control Plan 2011 affords protection to all trees and vegetation irrespective of height, under the overarching objectives of the Local Government Act 1993. The DCP allows Council to be its own determinative authority for any tree works that may be required. A team of qualified arborists on Council staff (City Assets & Environment) evaluate the significance of any trees and works that may need to be done, either pro-actively as part of a maintenance regime or in response to public safety matters as they may arise. Those works are then undertaken by a nominated in-field crew with appropriate oversight. A Register of Significant Trees is unlikely to facilitate the management of public safety or afford greater consideration, and thereby protection, of public trees.

14. It is noted that many significant trees are associated with heritage items. This means that established trees on heritage sites are also considered from a heritage perspective, affording further protection. Additionally State Environmental Planning Policy (Biodiversity and Conservation) 2021 contains provisions that now require a development consent as opposed to a Tree Permit within all Heritage Conservation Areas. Therefore, trees on these more sensitive sites already have a greater level of protection.

15. Under the Biodiversity Conservation Act 2016, ecologically endangered communities (such as Sydney Blue Gum High Forest and associated under-story plantings) are protected. The mapping associated with this legislation covers notable areas of both public and private property within the City of Parramatta Council local government area.

16. State Environmental Planning Policy (Exempt and Complying Codes) 2008 allows an alternate approval path for certain development where they meet specified criteria. A complying development certificate for dwellings and attached and detached development cannot be issued if removal of a tree that is on a register of significant trees is required. For trees not on a register, the complying development controls allow trees to be removed without further approval if they have a height less than 6 and 8 metres (depending on the type of development), and trees within 3m of any building with an area greater than 25m². There is, therefore, some additional protection to trees on a register under the SEPP that would prevent use of the complying development pathway on some occasions. Notwithstanding, for the reasons outlined below it is not recommended to establish a significant tree register but rather advocate for legislation change to bring the SEPP provisions in line with Council tree protection. That would future-proof any changes Council may wish to make in respect of provisions in a development control plan, noting the DCP harmonisation process currently under way, so that the SEPP provisions would always remain in step with Council controls. The SEPP uses this approach in respect of permissible land uses within zones whereby permissibility under the SEPP must align with permissibility under a Local Environmental Plan to be considered via the complying development pathway.

17. The process of establishing a tree register would require considerable resources that are not currently available or anticipated by existing council budgets and staffing levels. One of the first steps in implementing a register is seeking nominations for inclusions from the community and identification of potential trees by staff and Councillors, followed by ground-truthing and evaluation of every tree against an agreed assessment criteria. It would take considerable time to identify the trees worthy of inclusion on a register and it would not be unrealistic to suggest this part of the project might take 12-24 months for the LGA (less of course if solely focused on the CBD). The timeframe would be influenced by allocated resources and would need to be in addition to the business-as-usual functions of the relevant teams. The costs of establishing a register are unknown at this time together within its application (LGA wide and/or CBD), but will likely be significant as additional resources, including technical, administration and IT support, will be required on an on-going, long-term basis. If Council is minded to consider establishing a significant tree register and its maintenance, a full scoping exercise should be undertaken to understand the associated costs and timeframes both in initial set up and on-going management and enforcement.

18. Community sentiment is another important matter for consideration. There is risk of significant community reluctance, particularly from landowners who may well object to the listing of a tree on their property on a formal register due to concerns over restrictions on development potential and property value. As tree protection provisions already exist for trees likely to be included on a register, property owners may consider the additional restriction as unnecessary and double down on any opposition.

19. For the reasons set out in the preceding paragraphs, it is considered on balance that a significant tree register is not feasible or required as it will not provide sufficient additional tree protection to justify the set up and ongoing operational costs. This is because:

i. There are multiple layers of protection that already apply to tree management, including the Biodiversity Conservation Act 2016, State Environmental Planning Policy (Biodiversity and Conservation) 2021, Local Environmental Plan and Development Control Plan provisions, as well as heritage related considerations.

ii. A more effective approach would be legislation change (through advocacy) to align State Environmental Planning Policy (Exempt and Complying Codes) 2008 provisions with Council tree protection provisions on an on-going basis.

PART 3 - RESPONSE TO NOM ACTION (c) - Report on development controls to monitor tree replacement and maintenance

20. Tree planting, replacement and ongoing maintenance requirements relating to new development are addressed via conditions of consent. All development consents are peer reviewed prior to determination and conditions of consent are checked to ensure they have been included and are appropriate. The following conditions are applied to all consents where landscaping is relevant:

i. A qualified Landscape Architect/Designer must certify that the completed works are in accordance with the approved landscape plan. All landscape works must be completed prior to the issue of an Occupation Certificate.

Reason: To ensure restoration of environmental amenity.

ii. All landscape works shall be maintained for a minimum period of one (1) year following the issue of the Occupation Certificate, in accordance with the approved landscape plan and conditions

Reason: To ensure restoration of environmental amenity.

21. In any given year, it is estimated that the volume of Tree Permits, and DAs issued with replanting and landscaping conditions in the LGA is 1,425 approvals. All councils rely on certifiers to ensure landscaping is in accordance with the development consent. A certifier may be a council certifier or a private certifier.

22. Council relies on the integrity of property owners to maintain their landscaping to give it the best opportunity for long term establishment. It remains open to Council to undertake compliance inspections and action when needed. This is typically raised through a service request from a member of the public. However, due to the volume of consents issued, Council is not currently resourced to undertake a routine inspection regime of privately owned land. Should Council wish to commence monitoring of landscaping it is estimated that this would require an additional two full time employees with operational vehicles (being approximately $300,000 per annum).

23. In seeking to improve the likelihood of long-term survival of new tree plantings, as well as provide a more immediate visual impact, conditions of consent have been amended to include the requirement for more advanced specimens when associated with multi-unit residential and non-residential development. The maintenance period for establishment of landscaping has also been amended from 12 months to 24 months for these development types.

PART 4 - RESPONSE TO NOM ACTION (d) - Development Control Plan to incorporate and encourage private tree planting within the CBD

24. The Parramatta CBD Development Control Plan (DCP) was recently updated and exhibited from 15 November to 13 December 2021. Challenges and opportunities relating to private tree planting in the CBD were considered as part of the draft CBD DCP review and changes recommended to require and encourage private tree planting.

25. Almost half of the of City’s tree coverage is located on private land including residential, commercial, mixed-use land uses or otherwise. Recognising the inherent challenges in achieving private tree planting on land for commercial and mixed-used development e.g. access and circulation, zero lot setbacks, active street frontages, boundary alignments, building servicing and density; the greatest opportunity to increase tree canopy coverage within the CBD is in residential frontages. Specifically, at the ground floor plane where buildings are set back from the street where there is greater space for a generous tree canopy.

26. Amendments to the draft CBD DCP were introduced that seek to strike a balance between allowing new development and the preservation and increasing coverage of trees to protect the amenity, character and livability of the City as well as the mitigation of the impact of urban heat.

27. New requirements to plant canopy trees in the ground floor front setbacks of residential development in the CBD include Sections 3.5.1.2 C.01(c), 3.5.2.2 C.02(c)). These controls deal with residential frontages in both non-flood affected and flood affected scenarios. The objective of the controls aim to ensure residential buildings are adequately set back from the street boundary to require and “establish new canopy trees that contribute to the landscape character of the street and residential amenity”.

28. Section 3.5.1.2 C.01(c) for non-flood affected residential development requires that “The setback area must allocate the front 3 metres adjacent to the footpath as common property for landscaping. Canopy trees must be planted in this area, a minimum 3.5 metres from any structure, to achieve greater than 13 metres mature height and spread, at the rate of 1 canopy tree for every 15 lineal metres of frontage”.

29. Section 3.5.2.2 C.01(c) for residential development that is flood affected requires “The setback area must allocate the front 3m of the site adjacent to the footpath as common property for landscaping. Canopy trees must be planted in this area, a minimum 4.5 metres from the building facade, to achieve greater than 13 metres mature height and spread, at the rate of 1 canopy tree for every 15 lineal metres of frontage. Species selection and footing types must allow for optimum growing conditions as well as long term protection of any structures in the setback area”.

30. The draft CBD DCP also introduced new controls for non-residential development which contributes to the greening of the city and aims to cool and remove heat from the urban environment at the city and local scale by allowing for green roofs and walls.

31. Section 8.5.4 Green Roofs or Walls of the CBD DCP aims to ensure that where achievable, green roofs or walls are integrated into the design of new non-residential development encourage well designed landscaping, maximise their cooling effects, and are located and maintained to respond to local climatic conditions and ensure sustained plant growth.

32. In support of the amendments to the draft CBD DCP, increased tree planting in the public domain is also required to improve canopy cover in the CBD.

PART 5 - RESPONSE TO NOM ACTION (e) - Report on trees that are suitable to reduce urban heat

33. A literature review into the impact of tree species on cooling benefits identified seven key studies which provide deep analysis of urban trees in the Australian context. Five of these studies were undertaken in the Western Sydney area, and include specific research undertaken in the City of Parramatta.

34. These studies published between 2015 and 2020 have been conducted by urban canopy and urban heat researchers from universities including Western Sydney University, Macquarie University, and the University of Melbourne.

35. The key findings from the literature review were:

(a) There is consensus that urban trees provide cooling benefits.

(b) All trees provide cooling benefits, but the capacity of cooling varies according to:

- species and related characteristics such as shape, and leaf and branch density.

- canopy density and the provision of shade

- the materials used in surrounding surfaces

- street orientation and tree locations

- the natural ability of trees to cool air temperatures through releasing water vapour by natural processes

36. While cooling capacity is an important selection criterion there are many other criteria such as size, space availability, water demand, longevity, fruit drop and climate suitability which factor into species selection.

37. Further detail on the literature review and findings can be found in a summary report prepared by Council staff at Attachment 2

PART 6 - RESPONSE TO NOM ACTION (f) - Development of a program where residents can request one tree at any time during the year

38. Most residential properties within the CBD are located within high-rise developments, limiting the amount of private open space available for tree planting. Consequently, council receives very few requests for trees to be planted on private land in the CBD. In addition, owners of private land have indicated that they don’t want to plant trees on their land for fear that it may constrain development and conflict with infrastructure. Council holds limited data for the number of trees planted on private land within the CBD however over the last 5 years council has not received any service requests for assistance with tree planting on private property.

39. Council currently runs a tree giveaway event twice a year, where any resident, including CBD residents can receive 2 trees. The event is run on the first weekend of March and September each year at Council’s Cowell’s Lane Nursery. Each year council gives away approximately 2,400 plants inclusive of 300 large tree species. This event is very popular and well attended. This is an existing convenient mechanism already in place for residents who live in the CBD to receive trees from council.

40. It should be noted that the Cowells Lane Nursery is not set up for the general access of the public and significant expense would be incurred in terms of nursery improvements and staffing levels to allow this to occur. Whilst this has not been costed, these costs would be significant and are currently unbudgeted.

41. Council already runs an on-request street tree planting service that is available on council’s online web portal. Council approves and plants approximately 400 street trees under this program annually however receives only approximately 2 requests per year for tree planting within the CBD. Planting for these requests are generally undertaken twice a year in the spring and autumn planting seasons.

42. Given that council already has a popular, fully budgeted, well used mechanism for providing trees to residents, and the data shows there is negligible demand for requests for private and public trees in the CBD it is not recommended that council increase this service to allow CBD residents to request a tree at any time throughout the year.

CONSULTATION & TIMING

Stakeholder Consultation

43. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
NIL

Councillor Consultation

44. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
28 March 2022	Councillor Pandey (Mover)	NIL	NIL	City Strategy

LEGAL IMPLICATIONS FOR COUNCIL

45. No legal implications arise as a result of this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

46. There are no un-budgeted financial implications associated with the recommendations of this report.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil	Nil	Nil	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Funding Source	Nil	Nil	Nil	Nil

Luke Wolstencroft

Strategy Manager

John Angilley

Chief Finance and Information Officer

Nicole Carnegie

Group Manager, City Strategy

John Warburton

Executive Director, City Assets & Operations

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	ATTACHMENT 1 - Response to NOM Action (a) - CBD Tree Canopy	4 Pages
2 ⇩	ATTACHMENT 2 - Response to NOM Action (e) - Cool tree species	6 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 13.2

FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Additional Special Variation (ASV) Application

REFERENCE F2022/00105 - D08480375

REPORT OF Chief Finance and Information Officer

CSP THEME: FAIR

workshop/briefing date: N/a

PURPOSE:

The purpose of this report is to seek Council’s approval to make an application to the Independent Pricing and Regulatory Tribunal (IPART) for a permanent Additional Special Variation (ASV) to general income under Section 508(2) of the Local Government Act 1993.

RECOMMENDATION

(a) That Council approve an application for a permanent ASV to general income to be made to IPART under section 508(2) of the Local Government Act 1993, seeking an increase of the rate peg from 0.7% to 2.5%.

(b) That Council note it will receive an additional $2.84m in general income for the 2022/23 financial year if the ASV application is approved.

(c) That Council note it will use the funds generated by the ASV application to meet Net Operating Deficit results from continuing operations.

(d) That Council note that the additional average residential rates payable, attributable to the ASV application in 2022/23, will be $18 or $0.35 per week.

(e) That Council note the impact on ratepayers as outlined in the Ratepayer Impact Table and considers the impact reasonable if the permanent ASV is approved.

(f) That Council publicly exhibit the permanent ASV rate increase in its 2022/2023 Delivery Program, Operational Plan, Budget and Fees & Charges suite of documents to be placed on public exhibition for the minimum period of 28 days.

(g) Further, that the results of Council’s application to IPART be reported back to Council as part of the consideration of the final 2022/23 Delivery Program, Operational Plan, Budget and Fees and Charges suite of documents, following notification by IPART of its decision in late June 2022.

BACKGROUND

1. The Independent Pricing and Regulatory Tribunal (IPART) sets the amount that NSW Councils can increase their rates each year. This is known as the rate peg.

2. The City of Parramatta Council rate peg for the 2022/23 financial year has been set at 0.7%, with a population factor of 0.0%. It is noted that the average IPART rate peg over the last ten (10) years is 2.46% (ranging from 1.5% to 3.6%).

3. The current IPART determined rate peg of 0.7% was used when setting the Council’s 2022/23 draft Budget and the base for Long Term Financial Plan scenarios. This is the percentage also advised by IPART for use when calculating future rates in applications for any special variation.

ISSUES/OPTIONS/CONSEQUENCES

4. In March 2022, IPART announced that it will accept and process an additional round of 2022/23 Special Variation (ASV) applications from Councils to compensate for the low 2022/23 rate peg previously determined by IPART, allowing Councils to bring the rate peg up to its forecasted 2.5%.

5. Councils can apply for a percentage special rate to be the lower of either:

a. 2.5% (including population factor); or

b. the Council’s assumed 2022/23 rate peg as exhibited in its Long-Term Financial Plan (LTFP) (including population factor).

6. For ASV applications to be made, Councils will need to demonstrate that:

a. Council has demonstrable financial need such that, in the absence of a special variation, Council would not have sufficient funds to meet its obligations as identified in its 2021/22 LTFP as and when they fall due in 2022/23; and

b. Where Council is applying for a permanent special variation, in addition to the above criterion, Council has demonstrable financial need for the special variation to be retained in its rate base on an ongoing basis; and

c. Council’s 2021/21 Integrated Planning & Reporting (IP&R) documentation budgeted for an income increase above the percentage specified for Council for 2022/23 under Section 506 of the Act; and

d. Council has resolved to apply for the special variation under section 508(2) of the Act and that the resolution clearly states:

i. Whether the resolution is for a temporary or permanent special variation under section 508(2) of the Act; and

ii. The additional income that Council will receive if the special variation is approved; and

iii. Why the special variation is required; and

iv. That Council has considered the impact on ratepayers and the community in 2022/23 and, if permanent, in future years if the special variation is approved and considers that it is reasonable.

7. The process for ASV applications is intended to be a simpler more targeted application process, and IPART will not require Councils to demonstrate community consultation outside of the processes outlined above. To demonstrate community consultation, IPART will consider the consultation undertaken through the IP&R process and consider the resolution to apply for the ASV meets the requirements.

8. Under the ASV round of applications:

a. Applications will be accepted up until 29 April 2022;

b. IPART will publish applications to enable community consultation for a period of at least three (3) weeks; and

c. IPART will notify Council of its decision no later than 21 June 2022.

9. The Office of Local Government (OLG) released a circular on 7 March 2022 outlining the details for Councils to apply for an ASV. The OLG also stated that it “… recognise that, due to the delayed council elections and the determination of the 2022/23 rate peg at a lower rate than councils had forecast… may result in some councils not having sufficient funds to pay for required infrastructure and services.”

10. The following table outlines the impact to ratepayers in 2022-2023 and in the future years if the permeant ASV is approved by IPART:

11. It is recommended that Council approve an ASV application to be made to IPART for a permanent increase to Council’s rate peg of 1.8% for the 2022/23 financial year and beyond. This will increase general income by an additional $2.84m in FY22/23, if approved by IPART.

CONSULTATION & TIMING

Stakeholder Consultation

12. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
18/3/2022	Finance, Governance, City Strategy	Raise matters with Executive Team for consideration	Agree	Finance
29/3/2022	IPART	Information paper and application form for Additional Special Variation Applications	Noted	Finance

Councillor Consultation

13. The following Councillor consultation has been undertaken in relation to this matter:

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
Nil	Nil	Nil	Nil	Finance

LEGAL IMPLICATIONS FOR COUNCIL

14. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

15. If Council resolves to approve to make an application to IPART for an Additional Special Variation, there will be a positive impact on Council’s general income in the order of $2.84m in FY22/23. Additional income in future years is outlined in the table below and included in the LTFP scenarios.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue		$2,842,478	$2,958,902	$3,081,261
Total Revenue		$2,842,478	$2,958,902	$3,081,261

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 26 April 2022 Item 13.3

FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Draft Code of Meeting Practice for Public Exhibition

REFERENCE F2022/00105 - D08385486

REPORT OF Governance Projects Officer

csp theme: FAIR

workshop/briefing date: Councillor Induction - Thursday, 10 March 2022

Policy Review Committee - Tuesday, 29 March 2022

PURPOSE:

To present to Council a Draft Code of Meeting Practice for approval to be placed on public exhibition for the prescribed period of 42 days under the Local Government Act 1993 (the Act).

RECOMMENDATION

(a) That the draft Code of Meeting Practice be placed on public exhibition for the prescribed period of 42 days.

(b) Further, that a report be presented to Council at the expiration of the public exhibition process considering any submissions received and presenting a final draft Code of Meeting Practice for adoption.

BACKGROUND

1. Council’s current Code of Meeting Practice was adopted on 11 June 2019.

2. On 29 October 2021, a new Model Code of Conduct was prescribed under the Local Government (General) Regulation 2021. The Model Code was prepared by the Office of Local Government after consultation with all NSW Councils.

3. The primary intentions of releasing the new Model Code is:

a. to provide Councils with non-mandatory provisions for meeting participation via audio-visual link, as existing provisions for Councillors to attend and participate in meetings by audio-visual link, made under the Local Government (General) Regulation 2021 are due to expire on 30 June 2022; and

b. to implement the ICAC recommendation (arising out of its investigation of the former Canterbury City Council (Operation Dasha)) to require that council business papers include a reminder to Councillors of their oath or affirmation of office and their conflict of interest disclosure obligations.

ISSUES/OPTIONS/CONSEQUENCES

4. The Model Code of Meeting Practice contains both mandatory and non-mandatory provisions. All mandatory clauses must be adopted as per the Model Code of Meeting Practice.

5. None of the mandatory or non-mandatory provisions will impose significant change on the way that Council meetings are run at the City of Parramatta Council.

6. A summary of the proposed changes and reference to the relevant page in the draft Code (clean copy) are as follows:

Mandatory Provisions:

Topic/ Subject Matter	Draft Code Page Reference	Recommendation
Statement of Ethical Obligations	3.22	Adopt as per Model Code
Attendance by CEO and other staff at Council Meetings	5.47	Adopt as per Model Code
Use of Mobile Phones and Unauthorised Recording of Meetings	15.25	Adopt as per Model Code

Non-Mandatory Provisions:

Topic/ Subject Matter	Draft Code Page Reference	Recommendation
Meetings held by Audio-Visual Link	5.17, 5.18, 5.19	Adopt as per Model Code
Attendance by Councillors at Meetings by Audio-Visual Link	5.20, 5.21, 5.22, 5.23, 5.24, 5.25, 5.26, 5.27, 5.28, 5.29, 5.30, 5.31	Adopt as per Model Code and rescind the Procedures for Attendance by Councillors at Meetings by Audio-Visual Link
Obligations of Councillors attending meetings by Audio-Visual Link	14.21	Adopt as per Model Code and rescind the Procedures for Attendance by Councillors at Meetings by Audio-Visual Link
How Disorder by Councillors attending meetings by Audio-Visual Link may be dealt with	15.21, 15.22	Adopt as per Model Code
Conflicts of Interest	16.2	Adopt as per Model Code
Minutes of Meetings (Identifying Councillors who attended a meeting via audio-visual link)	19.2 & 20.22	Adopt as per Model Code
Pre-Meeting Briefing Session*	3.32, 3.33, 3.34, 3.35, 3.36, 3.37	Adopt as per Model Code
Voting at Council Meetings* (Identifying Councillors voting for and against a motion)	11.10 & 20.23	Adopt as per Model Code with a commencement date when Council Meetings move to the new Chamber
Dealing with Items by Exception*	Part 13 13.1, 13.2, 13.3, 13.4, 13.5	Adopt with variations made to the Model Code provisions
Rescinding or Altering Council Decisions* (Setting deadlines for submitting a Notice of Motion of Rescission)	Refer 17.12 strikethrough in Attachment 1	Do not adopt.
Recommitting resolutions to correct an error*	17.20, 17.21, 17.23, 17.24, 17.25	Adopt as per Model Code

*Note these are non-mandatory provisions Council had previously not adopted.

Additional Provisions (Amendments, New Provisions and Removal of Provisions):

Topic/ Subject Matter	Draft Code Page Reference	Type of Change	Recommendation
Council decisions prior to Local Government Election (Caretaker Provisions)	2.2 2.3	New provision	Adopt as per proposed wording
Council decisions during recess period	2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11	New provision	Adopt as per proposed wording
Public Forums	Part 4 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.18	Amendment to existing provision	Amendment to increase the number of public forums allowed at Council Meetings, to five (5). And to remove the two (2) minute time limit on staff responses.
Leave of absence – Councillor attending Council meeting during leave of absence period, the leave of absence is taken to have been rescinded	5.6	Additional provision	Adopt as per proposed wording
Webcasting of Meetings	5.35, 5.36, 5.37, 5.38, 5.39, 5.40, 5.41, 5.42	New provisions	Adopt as per proposed wording and rescind Webcasting Policy.
Modes of Address	Part 7 7.1, 7.2, 7.3, 7.4	Amendment to existing provisions	Adopt as per proposed wording
Order of Business – amended in line with Council’s current order of business	8.1	Amendment to existing provision	Adopt as per proposed wording
Urgent Motions	9.6	New provision	Adopt as per proposed wording
Petitions	9.13, 9.14, 9.15, 9.16	New provisions	Adopt as per proposed wording
Matters of Urgency/Suspension of Standing Orders	Refer 9.16, 9.17, 9.18, 9.19 strikethrough in Attachment 1	Delete	Remove these provisions and encourage Councillors to utilise existing provisions in line with Model Code of Meeting Practice
Procedural Motions – include provisions on use of procedural motions	10.35, 10.36, 10.37, 10.38	Amendment to existing provisions	Adopt as per proposed wording
Voting on Matters Requiring Funding	Refer 11.15 strikethrough in Attachment 1	Removal of provision	Remove provisions and utilise existing provisions of the Model Code of Meeting Practice
Disclosures of Interest – expand to include the action to be taken	Refer 16.3 & table of disclosures strikethrough in Attachment 1	Removal of provisions.	Remove provisions
Minutes of meetings (Noting items where questions have been taken on notice)	19.2	New provision	Adopt as per proposed wording
Availability of minutes to the public	Refer the note under clause 19.7	Amendment to existing provisions	Adopt as per proposed wording
Appendices – Roles, Petitions, Miscellaneous	Part 22 Part 23 Part 24	Move reference to definitions	Remove these provisions: - Roles: duplication of legislation (noting a reference to roles can be found in the definitions); - Petitions: to be replaced with Policy; - Miscellaneous: duplication of Code of Conduct.

7. A copy of the draft Code of Meeting Practice (marked up with all changes) can be found at Attachment 1. The draft Code of Meeting Practice (clean copy) is provided at Attachment 2.

CONSULTATION & TIMING

Stakeholder Consultation

8. The following stakeholder consultation has been undertaken in relation to this matter:

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
NIL	NIL	NIL	NIL	NIL

Councillor Consultation

9. The following Councillor consultation has been undertaken in relation to this matter:

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

10 March 2022

Councillor Induction.

In attendance:

Councillors Garrard, Prociv, Noack, Wearne, Wang, Darley, Humphries, Siviero, Bradley, Maclean

Councillors responded with positive feedback to the inclusion of the mandatory and non-mandatory clauses (not yet adopted) in the draft Code.

Feedback noted and discussed at the Policy Review Committee Meeting.

Governance

29 March 2022

Policy Review Committee Meeting

Lord Mayor Davis

Deputy Lord Mayor Pandey Councillors Garrard, Prociv, Wearne, Valjak and Darley (observer)

Committee members responded with mostly positive feedback to the proposed changes.

Committee members expressed some interest in retaining some clauses proposed for removal and amending certain provisions to strengthen their intent.

Feedback noted and correspondingly reflected in the draft Code attached to this report.

Governance

LEGAL IMPLICATIONS FOR COUNCIL

10. Under s360(3) of the Local Government Act 1993, a Council must, not later than 12 months after an ordinary election of Councillors, adopt a Code of Meeting Practice that incorporates the mandatory provisions of the model code prescribed by the regulations.

11. As a result of the uncertainty of the COVID-19 situation, the Local Government (General) Regulation 2021 was amended to enable Councillors to attend and participate in meetings by audio-visual link. This provision is to be repealed on 30 June 2022. Consequently, to maintain use of provisions for Councillors to attend meetings by audio-visual link, a draft Code including these new non-mandatory provisions must be adopted by 30 June 2022. In line with this, should any submissions be received, a report will be brought back to Council at a meeting in June 2022 to consider the adoption of the draft Code post-exhibition.

12. s361 of the Local Government Act 1993 requires a draft Code to be exhibited for 42 days before adoption. Therefore, this Code will be exhibited for 42 days following adoption at the 11 April 2022 Council meeting.

FINANCIAL IMPLICATIONS FOR COUNCIL

13. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget. The cost to publicly exhibit the draft Code is provided for within the existing adopted budget.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source	NA

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil

Funding Source	NA

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Rebecca Srbinovska

Governance Projects Officer

Patricia Krzeminski

Governance Manager

John Angilley

Chief Finance and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft Code of Meeting Practice (Marked Up)	61 Pages
2 ⇩	Draft Code of Meeting Practice (Clean Copy for Public Exhibition)	61 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 13.4

FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Minutes of the Parramatta Traffic Committee meeting held on 23 March 2022

REFERENCE F2021/00521 - D08385424

REPORT OF Traffic and Transport Manager

CSP THEME: ACCESSIBLE

workshop/briefing date: Nil

PURPOSE:

For Council to consider the minutes and approve the recommendations of the Parramatta Traffic Committee meeting held on 23 March 2022.

RECOMMENDATION

(a) That Council note the minutes of the Parramatta Traffic Committee meeting held on 23 March 2022, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee meeting held on 23 March 2022 provided at Attachment 1 and in this report, noting the following financial implications for each item.

i. ITEM 2203 A1 PARK PARADE, PARRAMATTA – PROPOSED PEDESTRIAN CROSSING

This report was deferred to the next Parramatta Traffic Committee meeting for further consultation on the proposal with the representative of the Parramatta PAC. Accordingly, there will not be any direct impact on Council’s budget at this stage.

ii. ITEM 2203 A2 PHILLIP STREET AND CHARLES STREET, PARRAMATTA – PROPOSED RAISED PEDESTRIAN CROSSING

The Phillip Street ‘Smart Streets’ – Stage 2 currently has an allocated budget of $5,396,508 under Council’s Delivery Program and Operational Plan. The estimated cost of the proposed raised pedestrian crossing including related drainage works is $450,000 and will be funded from the budget allocated for the Phillip Street ‘Smart Street’ project.

iii. ITEM 2203 A3 PARRAMATTA RIVER FORESHORE, GEORGE STREET, NOLLER PARADE AND RIVER ROAD WEST, PARRAMATTA – PROPOSED PEDESTRIAN AND CYCLIST PATHS IN THE EASTBOUND DIRECTION

The total estimated cost of construction of this project is $3,125,963 and will be subject of a future application to the TfNSW Active Transport Program for 100% funding. It is intended to commence construction when the funding for the entire project becomes available.

BACKGROUND

1. Transport for NSW (TfNSW) is legislated as the organisation responsible for the control of traffic on all roads in New South Wales under the Road Transport (Safety & Traffic Management) Act 1999. In order to deal with the large number and range of traffic related matters effectively, TfNSW has delegated certain aspects of the control of traffic on local roads to councils. TfNSW has retained both the control of traffic on the State's classified road network and the control of traffic signals on all roads.

2. The TfNSW Delegation to Councils limits the types of prescribed traffic control devices and traffic control facilities that Council can authorise and imposes certain conditions on councils. One of these conditions requires councils to obtain the advice of TfNSW and the Police prior to proceeding with any proposal. This is most commonly achieved by councils establishing a Local Traffic Committee.

3. The Committee is composed of four formal members each with one vote. These four members are a representative from Council, the Police, Transport for NSW (TfNSW) and the Local State Member of Parliament or their nominee. The Parramatta Traffic Committee is an advisory body only, having no decision making powers. It is, primarily, a technical review committee that is required to advise the Council on traffic related matters referred to it by Council. In general, Council makes the decision, however, the Police and TfNSW can appeal Council’s decision to the Regional Traffic Committee.

ISSUES/OPTIONS/CONSEQUENCES

4. The most recent meeting of the Parramatta Traffic Committee was held on 23 March 2022. The Councillors that attended the meeting were: Paul Noack (Chairperson), Henry Green and Kellie Darley. The minutes of that meeting and the reports to that meeting are in ATTACHMENT 1 and ATTACHMENT 2 of this report.

5. The recommendations from the Parramatta Traffic Committee meeting are provided below:

ITEM NO.

ITEM 2203 A1 PARK PARADE, PARRAMATTA – PROPOSED PEDESTRIAN CROSSING

That this report be deferred to the next Parramatta Traffic Committee meeting for further consultation on the proposal with the representative of the Parramatta PAC.

Unanimous support

ITEM 2203 A2 PHILLIP STREET AND CHARLES STREET, PARRAMATTA – PROPOSED RAISED PEDESTRIAN CROSSING

1. That Council approve construction of a raised pedestrian crossing with associated signs and linemarking at the corner of Phillip and Charles Street, Parramatta as shown in Figure 2 of this report.

2. That Council approve installation of bicycle logos in Charles Street, Parramatta as part of the installation of a raised pedestrian crossing referred to in recommendation 1 above.

3. That Council approve changes to parking restrictions in Phillip Street and Charles Street, Parramatta as detailed below and shown on the plan in Figure 2 of the report, as part of the installation of a raised pedestrian crossing referred to in recommendation 1 above.

3.1. The length of the existing 55m long ‘Bus Zone’ restriction on the north side of Phillip Street be reduced to 35m to provide a 20m long ‘No Stopping’ restriction on the approach of the raised threshold.

3.2. The existing 7.8m long ‘P Disability Only’ space be relocated from the east side of Charles Street to the south side of Phillip Street, Parramatta to provide an 18m long ‘No Stopping’ restriction on the departure side of the raised threshold.

3.3. The length of the existing ‘2P Ticket 8am-8pm Mon-Fri; 4P Ticket 8am-8pm Sat’ restrictions on the south side of Phillip Street, Parramatta be shortened to provide a 19.7m long ‘No Stopping’ restriction on the departure side of the pedestrian cross walk line.

3.4. The length of the existing ‘2P Ticket 8am-8pm Mon-Fri; 4P Ticket 8am-8pm Sat’ restrictions on the west side of Phillip Street, Parramatta be shortened to provide a 20m long ‘No Stopping’ restriction on the approach to pedestrian cross walk line.

4. That a detailed design plan for the works as referred to in recommendations 1 to 3 above be submitted to Transport for NSW (TfNSW) for approval prior to commencement of construction.

5. That recommendations 1 to 4 above are subject to available funding.

Unanimous support

ITEM 2203 A3 PARRAMATTA RIVER FORESHORE, GEORGE STREET, NOLLER PARADE AND RIVER ROAD WEST, PARRAMATTA – PROPOSED PEDESTRIAN AND CYCLIST PATHS IN THE EASTBOUND DIRECTION

1. That Council approve the construction of a separated bike path and shared path on the northern side of George Street, Parramatta as shown on the plan attached to the report.

2. That Council note the proposed construction of a shared path along the Parramatta River Foreshore between Alfred Street and Purchase Street, Parramatta.

3. That Council approve the construction of a contraflow bike lane and 2 watts profile speed humps in Noller Parade, Parramatta as shown on the plan attached to the report.

4. That Council approve the relocation of the existing parking in Noller Parade, Parramatta from the northern side to the southern side of the street to facilitate construction of bike lane as referred to in recommendation 3 and shown on the plan attached to the report.

5. That Council approve the construction of a raised pedestrian and cyclist crossing in River Road West east of Alfred Street, Parramatta as shown on the plan attached to the report.

6. That recommendations 1 to 5 are subject to the funding being available for the entire project and the detailed design of the proposed works including sign and linemarking plans being approved by the Transport for New South Wales (TfNSW) prior to the commencement of construction.

Unanimous support

CONSULTATION & TIMING

6. Details of the consultation undertaken with the Community, Agencies and Councillors for each item, are included in Attachment 2 and Attachment 3.

LEGAL IMPLICATIONS FOR COUNCIL

7. There are no legal implications for Council associated with any of the items in this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

8. The financial comments for each item are provided below.

Item No.
ITEM 2203 A1	This report was deferred to the next Parramatta Traffic Committee meeting for further consultation on the proposal with the representative of the Parramatta PAC. Accordingly there is no financial impact on Council’s budget.
ITEM 2203 A2	The Phillip Street ‘Smart Streets’ – Stage 2 currently has an allocated budget of $5,396,508 under Council’s Delivery Program and Operational Plan. The estimated cost of the proposed raised pedestrian crossing including related drainage works is $450,000 and will be funded from the budget allocated for the Phillip Street ‘Smart Street’ project.
ITEM 2203 A3	The total estimated cost of construction of this project is $3,125,963 and will be subject of a future application to the TfNSW Active Transport Program for 100% funding. It is intended to commence construction when the funding for the entire project becomes available.

10. There are no financial impacts on the budget arising from approval of this report as summarised in the table below.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil	Nil

Funding Source	N/A	N/A

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source	N/A	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Richard Searle

Traffic and Transport Manager

Mark Leotta

Group Manager - Development and Traffic Services

John Angilley

Chief Finance and Information Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1⇩	PTC 2203 APPROVED Minutes for the Parramatta Traffic Committee meeting held on 23 March 2022	5 Pages
2⇩	PTC_2203_Agenda for the Parramatta Traffic Committee meeting held on 23 March 2022	33 Pages
3⇩	PTC 2203 APPROVED Attachment 3 Consultation and Timing for PTC meeting held on 23 March 2022 (002)(2)	3 Pages

REFERENCE MATERIAL

Council 26 April 2022 Item 13.5

FOR COUNCIL DECISION

ITEM NUMBER 13.5

SUBJECT Minutes of the Traffic Engineering Advisory Group meeting held on 23 March 2022

REFERENCE F2021/00521 - D08385430

REPORT OF Traffic and Transport Manager

CSP THEME: ACCESSIBLE

workshop/briefing date: Nil

PURPOSE:

That Council consider the minutes and approve the recommendations of the Traffic Engineering Advisory Group meeting held on 23 March 2022.

RECOMMENDATION

(a) That Council note the minutes of the Traffic Engineering Advisory Group meeting held on 23 March 2022, as provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Traffic Engineering Advisory Group meeting held on 23 March 2022 as provided at Attachment 1 and in this report, noting the following financial implications of each item.

i. ITEM 2203 B1 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

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

ii. ITEM 2203 B2 Proposed traffic improvements on Hill Road, Wentworth Point

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

BACKGROUND

1. The Traffic Engineering Advisory Group (TEAG) is similar to the Parramatta Traffic Committee, except that it only involves matters that do not invoke the Transport for NSW (TfNSW) Delegation to Councils. The TEAG does not have the formal voting process that Parramatta Traffic Committee has. It is primarily a technical review committee that advises Council on traffic related matters. TEAG also considers items where TfNSW maintains its control, such as speed limits, clearways and traffic signals, or items for which TfNSW does not have control such as planning of future projects.

2. The most recent meeting of the TEAG was held on 23 March 2022. The Councillors that attended the meeting were: Paul Noack (Chairperson), Henry Green and Kellie Darley. The minutes of that meeting and the reports to that meeting are in Attachments 1 and 2 of this report.

ISSUES/OPTIONS/CONSEQUENCES

3. The recommendations from the TEAG meeting are provided below.

ITEM NO:

ITEM 2203 B1 PROJECTS RECENTLY COMPLETED, PROJECTS CURRENTLY FUNDED, AND PROJECTS LISTS FOR CONSIDERATION OF FUTURE FUNDING

1. That the information regarding progress on currently funded projects be received and noted

2. That the Projects Lists for proposed traffic works be received and noted.

Unanimous support

ITEM 2203 B2 PROPOSED traffic improvements on Hill Road, Wentworth Point

That the information be received and noted.

Unanimous support

CONSULTATION & TIMING

4. Details of the consultation undertaken with Agencies and Councillors for each item considered at the meeting are included in Attachment 3. No community consultation was required.

LEGAL IMPLICATIONS FOR COUNCIL

5. There are no legal implications for Council associated with any of the items in this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

6. The financial comments for each item are provided below.

Item No.
2203 B1	There is no financial implication to Council as a result of this recommendation.
2203 B2	There is no financial implication to Council as a result of this recommendation.

7. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

8. There are no financial impacts on the budget arising from approval of this report as summarised in the table below.

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil	Nil

Funding Source	N/A	N/A

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result	Nil	Nil

Funding Source	N/A	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Richard Searle

Traffic and Transport Manager

Mark Leotta

Group Manager - Development and Traffic Services

John Angilley

Chief Finance and Information Officer

Jennifer Concato

Executive Director City Planning and Design

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	TEAG 2203 APPROVED Minutes for the Traffic Engineering Advisory Group meeting held on 23 March 2022	3 Pages
2 ⇩	TEAG_2203_Agenda for the Traffic Engineering Advisory Group meeting held on 23 March 2022	20 Pages
3 ⇩	TEAG 2203 APPROVED Attachment 3 Consultation and Timing for TEAG meeting held on 23 March 2022	2 Pages

REFERENCE MATERIAL

Governance Manager		Lord Mayor Cr Donna Davis	Chief Executive Officer

	Minute Clerk
Cr Phil Bradley				Cr Lorraine Wearne	Sound
Cr Sameer Pandey, Deputy Lord Mayor				Cr Donna Wang
Cr Paul Noack				Cr Michelle Garrard
Cr Ange Humphries				Cr Dan Siviero	IT
Cr Dr Patricia Prociv				Cr Henry Green
Cr Pierre Esber				Cr Kellie Darley
Cr Cameron Maclean				Cr Georgina Valjak

Obligations
Oath [Affirmation] of Office by Councillors	I swear [solemnly and sincerely declare and affirm] that I will undertake the duties of the office of Councillor in the best interests of the people of the City of Parramatta Council and the City of Parramatta Council that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgement.
Code of Conduct Conflict of Interests
Pecuniary Interests	A Councillor who has a pecuniary interest in any matter with which the Council is concerned, and who is present at a meeting of the Council at which the matter is being considered, must disclose the nature of the interest to the meeting. The Councillor must not be present at, or in sight of, the meeting: a) At any time during which the matter is being considered or discussed, or b) At any time during which the Council is voting on any question in relation to the matter.
Non-Pecuniary Conflict of Interests	A Councillor who has a non-pecuniary conflict of interest in a matter, must disclose the relevant private interest in relation to the matter fully and on each occasion on which the non-pecuniary conflict of interest arises in relation to the matter.
Significant Non-Pecuniary Conflict of Interests	A Councillor who has a significant non-pecuniary conflict of interest in relation to a matter under consideration at a Council meeting, must manage the conflict of interest as if they had a pecuniary interest in the matter.
Non-Significant Non-Pecuniary Interests	A Councillor who determines that they have a non-pecuniary conflict of interest in a matter that is not significant and does not require further action, when disclosing the interest must also explain why conflict of interest is not significant and does not require further action in the circumstances.


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