MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Tuesday,  26 April 2022 AT 6:30pm

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, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne (joined at 6:43pm).

1.      OPENING MEETING

The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:30pm.

2.      ACKNOWLEDGEMENT TO 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 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 11 April 2022
3736	RESOLVED      (Maclean/Noack) That the minutes be taken as read and be accepted as a true record of the Meeting.

6.      APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3737	RESOLVED      (Esber/Valjak) That the request to attend the Ordinary Council Meeting dated 26 April 2022 via remote means submitted by Councillor Wearne and Councillor Humphries due to personal reasons be accepted.

7.      DECLARATIONS OF INTEREST

Councillor Garrard declared a non-pecuniary and less than significant interest in Item 8.1 - City of Parramatta Citizenship Ceremonies being an employee of the organisation. She remained in the Chamber during the discussion of this matter.

8.      Minutes of the Lord Mayor

8.1

SUBJECT          City of Parramatta Citizenship Ceremonies REFERENCE   F2021/02779 - D08496666 REPORT OF Lord Mayor, Councillor Donna Davis

3738

RESOLVED      (Davis/Pandey) (a)     That Council note the important role local government and our City plays in the delivery of citizenship ceremonies, and that we value this important symbolic and legal role in formally welcoming new Citizens into the Australian community. (b)     That Council note plans are in place for a further six Citizenship Ceremonies to be delivered by Council on 17 & 18 May 2022, with approximately 2,400 attendees expected to be conferred with Citizenship. (c)     That Council note in the first quarter of 2022, Home Affairs approved 1,487 applicants to the City of Parramatta LGA waitlist, and it is anticipated another 1,487 will be approved in the second quarter of 2022. (d)     That Council note the additional pressures placed on Council to deliver ceremonies in a timely manner to meet the high number of conferees placed on the City of Parramatta LGA waitlist by Home Affairs on an ongoing basis. (e)     Further, that Council writes to the Minister for Home Affairs, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Shadow Minister for Home Affairs, Immigration and Citizenship, and the Secretary of the Department of Home Affairs regarding the additional pressures experienced by councils in the delivery of ceremonies, seeking: a.   Consideration of funding contributions to councils to assist in the delivery of citizenship ceremonies; and b.   The re-establishment of the regular meetings with the network of council officers responsible for the delivery of citizenship ceremonies to understand the increasing budgetary and logistical pressures to deliver citizenship ceremonies in a timely, practical manner.

8.2

SUBJECT          Macquarie Boys' Technology High School Site REFERENCE   F2021/02779 - D08499779 REPORT OF Lord Mayor, Councillor Donna Davis

3739

RESOLVED      (Davis/Darley) (a)     That Council note the announcement of the NSW Government in October 2018 – ‘Planning begins for new Rydalmere Education Precinct’ regarding plans for a new school on the site of the former Macquarie Boys’ Technology High School. (b)     Further, that Council write to the Hon Dr Geoff Lee MP, Member for Parramatta, and the Hon Sarah Mitchell MLC, Minister for Education and Early Learning, to seek an update on the planning for an educational institution on this site including the delivery timeline.

8.3	SUBJECT          Memorial for Margaret McCartney REFERENCE   F2021/02779 - D08500434 REPORT OF Lord Mayor, Councillor Donna Davis
3740	RESOLVED      (Davis/Maclean) (a)     That Council approve the installation of a memorial bench and tree in Forest Park, Epping, in honour of the late Margaret McCartney, (b)     That Council note the memorial bench and tree can be funded from within the existing Public Trees Program (100120) and Cemeteries and Memorials Program (100030) 2021/22 budgets. (c)     Further, that Council writes to the family of Margaret McCartney, Epping Civic Trust and the Friends of Forest Park, advising them of this outcome and to consult with them on the preferred locations within Forest Park for the installation of the bench and tree.
	Note: Councillor Wearne joined the meeting (via audio-visual link) at 6:43pm during the discussion of LMM 8.3.

8.4	SUBJECT          Promotion of Harris Park as Little India REFERENCE   F2021/02779 - D08502501 REPORT OF Lord Mayor, Councillor Donna Davis
3741	RESOLVED      (Davis/Noack) (a)     That Council note the letter sent to Harris Park businesses and the forum held on Thursday 21 April 2022 by the Hon Dr Geoff Lee MP, Member for Parramatta. (b)     That Council note the 15 June 2021 resolution where Council approved the use of Little India for a defined trading area of Marion St, Wigram St, and Station St East in Harris Park, for both local businesses and Council officers to run limited promotional and marketing activity relating to the defined trading area. (c)     That Council note officers have been progressing this resolution of Council, with further consultation required following advice from the NSW Government’s Geographical Names Board. (d)     That Council officers provide an update to all Councillors and to local stakeholders, including members of the Little India Reference Group, on the progress of this resolution and next steps. (e)     That Council notes a series of activations are planned by Council for the Harris Park precinct in May and June 2022, with the aim of increasing visitation from across Greater Sydney to support local businesses. These will be promoted through Council’s various communication channels and the media. (f)      Further, that the Lord Mayor write to the Hon Dr Geoff Lee MP, Member for Parramatta, providing an update on actions taken to date and Council’s next steps.
	Note: Councillor Darley left the Chamber at 6:49pm and returned at 6:51pm during the discussion of LMM 8.4.

9.      Public Forum

Nil

10.    Petitions

There were no petitions tabled at this meeting.

11.    Rescission Motions

Nil

	Procedural Motion
3742	RESOLVED      (Esber/Garrard) That Items, 12.1, 12.2, 12.3 and 12.4 be resolved en bloc.

12.    For Notation

12.1	SUBJECT          Investment Report for March 2022 REFERENCE   F2022/00105 - D08482593 REPORT OF Tax and Treasury Accountant
3743	RESOLVED      (Esber/Garrard) That Council receive and note the Investment Report for March 2022.

12.2

SUBJECT          Returns for Designated Persons REFERENCE   F2022/00105 - D08472195 REPORT OF Governance Manager

3744

RESOLVED      (Esber/Garrard) (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.

12.3	SUBJECT          ARIC Annual Report 2021 REFERENCE   F2022/00452 - D08464600 REPORT OF Coordinator Internal Audit
3745	RESOLVED      (Esber/Garrard) That Council receives and notes the 2022 Annual Report from the ARIC.

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
3746	RESOLVED      (Esber/Garrard) That the report be received and noted.

12.5	SUBJECT          Response to Council’s resolution on trees in the Parramatta CBD REFERENCE   F2022/00105 - D08386013 REPORT OF Strategy Manager
3747	RESOLVED      (Pandey/Green) (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.

13.    For Council Decision

13.1

SUBJECT          Quarterly Budget Review - December 2021 (Deferred Item) REFERENCE   F2022/00105 - D08469630 REPORT OF Financial Planning and Analysis Manager

3748

RESOLVED      (Maclean/Darley) (a)     That Council adopt the December 2021 Quarterly Budget Review Statement (QBRS) and the Responsible Accounting Officer’s report on the financial position of the Council (Attachment 1). i)       Further, that Council approve the revised budget for the 2021/22 financial year: an operating surplus of $34.1m ii)      capital revenue of $86.2m iii)     capital expenditure of $313.6m.

13.2	SUBJECT          Additional Special Variation (ASV) Application REFERENCE   F2022/00105 - D08480375 REPORT OF Chief Finance and Information Officer
	MOTION             (Esber/Prociv) (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.
	FORESHADOWED MOTION     (Garrard/Wearne) That there be no rate increase in the Financial Year 2022-2023. The motion moved by Councillor Esber and seconded by Councillor Prociv on being put was declared CARRIED. DIVISION           A division was called, the result being:- AYES:                Councillors Bradley, Darley, Davis, Esber, Humphries, Maclean, Noack, Pandey and Prociv NOES:                Councillors Garrard, Green, Siviero, Valjak, Wang and Wearne
	Note: Councillor Garrard provided four images in reference to low maintenance, around Dundas Ward during discussion of Item 13.2.
3749	RESOLVED      (Esber/Prociv) (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.

13.3	SUBJECT          Draft Code of Meeting Practice for Public Exhibition REFERENCE   F2022/00105 - D08385486 REPORT OF Governance Projects Officer
3750	RESOLVED      (Prociv/Darley) (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.
	Note: 1. Councillor Esber left the Chamber at 7:26pm and returned at 7:27pm during the consideration of Item 13.3. 2. Councillor Garrard left the Chamber at 7:26pm during the consideration of Item 13.3.

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

3751

RESOLVED      (Noack/Green) (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.

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

3752

RESOLVED      (Noack/Wang) (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.

14.    Notices of Motion

14.1	SUBJECT          Parramatta Light Rail Stage 2 REFERENCE   F2022/00105 - D08488196 FROM Councillor Paul Noack
3753	RESOLVED      (Noack/Siviero) That Council notes with concern the recent NSW Government announcement that major projects in Western Sydney including the Parramatta Light Rail Stage 2, are under review and accordingly resolves the following; 1.      That the Lord Mayor write to the Premier and Minister for Transport calling on them to commit to this important infrastructure for our LGA, and calling for a meeting to discuss this matter 2.      This project if delayed will further increase costs, and given the projected development of housing and increased population in the relevant Parramatta suburbs will further see transport infrastructure lag behind development, and the needs of our growing communities will be ignored    3.      Council further notes this project will provide thousands of jobs for our local community, and will provide the connectivity our LGA needs
	Note: Councillor Garrard returned to the Chamber at 7:31pm during the consideration of Item 14.1.

15.    Questions with Notice

15.1

SUBJECT          Questions Taken on Notice from Council Meeting - 11 April 2022 REFERENCE   F2022/00105 - D08489558 FROM Business Governance Officer

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 11 APRIL 2022 Item 13.1 - Advisory Committees of Council Question from Councillor Bradley During discussion on the motion moved by Councillor Garrard, Councillor Bradley asked the following questions: 1. Do any of those committees have significant deadlines in terms of timing, like for Grants Committee, that we might need to give special consideration to in the timing of it going to the Policy Committee and determining the Terms of Reference? 2. Is it intended that for the Bushland & Environment Advisory Committee and the Light Rail Committee that the current reference to Terms of Reference be guidance until further notice from the Council? Chief Financial and Information Officer Response 1. Other than the Grants Committee, staff are not aware of any critical deadlines for Advisory Committees, over the next 4 weeks.  In relation to the Grants Committee, the Committee will convene to consider the 2022 Grants round, which closed in early March, as a decision of expenditure needs to be made prior to the end of FY21/22. Note the Committee will use the terms of reference for this Committee from the previous term of council, as guide if needed. 2. Yes. The Bushland & Environment Advisory Committee has a draft Terms of Reference considered by Council on 11 April and is subject to be reviewed by the Policy Review Committee. The Parramatta Light Rail Advisory Committee will use the terms of reference for this Committee from the previous term of Council, as guide if needed, until a new terms of reference is considered by the Policy Review Committee. Item 13.1 - Advisory Committees of Council Question from Councillor Garrard During discussion on the motion moved by Councillor Garrard, Councillor Garrard asked the following questions: 3. Do the terms of reference that are currently for each of those committees stay in place until such time that the Policy Committee amends and reviews the terms of reference presented? Chief Financial and Information Officer Response 3. In general, Advisory Committees may use their respective terms of reference from the previous term of Council, as a guide if needed, to assist in governance and decision making until such time as Council resolves to approve a new terms of reference. The application of the previous terms of references for committees without community representation is viable. However, where community representatives are members of a committee, the expression of interest process will be delayed until such time as the Council approves the new terms of reference due to: a. the possible impact the terms of reference may have on assessment and selection of community representatives. b. the terms of reference forming a part of advertising, assessment and recommendation of community representatives to Council. c. the terms of reference also form an agreement between Council and community members nominated onto the committee and to change this soon after a committee is convened creates the risk that members appointed may not be agreeable to the changes or no longer meet the criteria for membership.

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

3754

RESOLVED      (Esber/Garrard) 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:- 16.1  Legal Status Report as at 31 March 2022. (D08457182) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law. 16.2  Tender 32/2021 Disposal of General Waste Cleansing Services. (D08398878) - This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret. 16.3  Approval of Supplier for works associated with CBD Outdoor Dining. (D08469386) - 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. 16.4  Lease Extension - 126 Church Street, Parramatta and Level 2, 1-3 Fitzwilliam St, Parramatta. (D08466081) - 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          Legal Status Report as at 31 March 2022 REFERENCE   F2022/00105 - D08457182 REPORT OF Group Manager Legal Services
3755	RESOLVED      (Prociv/Pandey) That Council note the Legal Status Report as at 31 March 2022.

16.2

SUBJECT          Tender 32/2021 Disposal of General Waste Cleansing Services REFERENCE   F2022/00105 - D08398878 REPORT OF Act Cleansing Manager

3756

RESOLVED      (Esber/Maclean) (a)     That Council approve the appointment of the preferred proponent for Tender 32/2021 Disposal of General Waste, Cleansing Services, for the terms outlined in paragraph 11 and 12 of this report. (b)     That all unsuccessful tenderers be advised of Council’s decision in this matter. (c)     Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

16.3

SUBJECT          Approval of Supplier for works associated with CBD Outdoor Dining REFERENCE   F2022/00105 - D08469386 REPORT OF Place Manager

3757

RESOLVED      (Garrard/Pandey) (a)     That Council approve Alfresco Shade for supply and installation of blinds to the 50 existing outdoor dining umbrella structures along Church Street Parramatta (between Lennox Bridge and south of Phillip Street), infills to bridge gaps between certain existing umbrella structures, and installation of additional umbrella structures where permitted by Transport for NSW and the Light Rail Operator for the sum at paragraph 11. (b)     Further, that Council approve an exception to tender pursuant to section 55(3)(i) of the Local Government Act 1993 for the following reasons: i.     The warranty on the 50 existing umbrella structures will be voided if the installation of blinds and bridging of umbrella gaps is performed by a provider not authorised by Alfresco Shade. ii.    Alfresco Shade has the proprietary knowledge to assess and approve the design and safety of any additional components and associated weight that is added on the existing umbrella structures. iii.   Alfresco Shade has a design copyright on the existing umbrella structure design and no other supplier can provide the same umbrella structure to ensure that outdoor dining in the precinct remains aesthetically similar and functional.

16.4

SUBJECT          Lease Extension - 126 Church Street, Parramatta and Level 2, 1-3 Fitzwilliam St, Parramatta REFERENCE   F2022/00105 - D08466081 REPORT OF Group Manager Property Development

3758

RESOLVED      (Pandey/Bradley) (a)     That Council approve the extension of the 126 Church St, Parramatta lease to expire 30 June 2024,. (b)     That Council approve the extension of Level 2, 1-3 Fitzwilliam St, Parramatta lease up to 30 June 2024. (c)     That Council note the rental costs associated with the lease extension at 126 Church St and Level 2, 1-3 Fitzwilliam St are included in Council’s draft Budget for FY 22/23 and Long Term Financial Plan. (d)     Further, that Council delegate authority to the Chief Executive Officer to negotiate, finalise and execute documents related to these matters.

	Procedural Motion
3759	RESOLVED      (Esber/Garrard) That  the meeting resume in Open Session.

17.    REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 16.1 to 16.4.

18.    CONCLUSION OF MEETING

The meeting terminated at 8:00 pm.

THIS PAGE AND THE PRECEDING 13 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Tuesday,  26 April 2022 AND CONFIRMED ON Monday,  9 May 2022.

Chairperson