Minutes of Council - Monday, 9 May 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, 9 May 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.

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 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 26 April 2022

3760

RESOLVED (Prociv/Esber)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3761	RESOLVED (Humphries/Darley) That the request to attend the Ordinary Council Meeting dated 9 May 2022 via remote means submitted by Councillor Wearne due to personal reasons be accepted.

7. DECLARATIONS OF INTEREST

Councillor Bradley declared a non-pecuniary and less than significant interest in the Matter of Urgency for the placement of Election Material on Council or State Government assets, being that he is a candidate in the upcoming Federal Election. He retired from the meeting prior to debate and voting on the matter.

Councillor Esber declared a non-pecuniary but significant interest in Item 13.2 - Planning Proposals for sites at WSU Parramatta North Campus and at 1-21 Hope Street, 27-43 Oak Street and 126-130 James Ruse Drive, Rosehill, being that a family member is an employee of the organisation. He retired from the meeting prior to debate and voting on the matter.

Councillor Green declared a pecuniary interest in Item 13.4 - Draft Disability Inclusion Action Plan (DIAP) 2022-2026, being that he has tenants in the building that he owns that support disability services. He retired from the meeting prior to debate and voting on the matter.

Councillor Humphries declared a pecuniary interest in the Matter of Urgency for the placement of Election Material on Council or State Government Assets, being that she is an employee of a political party referred to in the motion. She retired from the meeting prior to debate and voting on the matter.

8. Minutes of the Lord Mayor

8.1

SUBJECT HMAS Parramatta Freedom of Entry Request

REFERENCE F2021/02779 - D08517892

REPORT OF Lord Mayor, Councillor Donna Davis

3762

RESOLVED (Davis/Pandey)

(a) That Council note the formal request received from the Commanding Officer of the HMAS Parramatta IV for the ships company to exercise their right to conduct a Freedom of Entry Parade on Friday, 9 September 2022.

(b) Further, that a staff report be prepared for Council’s consideration of this request, and that this report include resourcing and budget implications should Freedom of Entry be granted.

8.2

SUBJECT National Volunteer Week - 16 - 22 May 2022

REFERENCE F2021/02779 - D08517896

REPORT OF Lord Mayor, Councillor Donna Davis

3763

RESOLVED (Davis/Bradley)

(a) That Council note National Volunteer Week is taking place from 16 – 22 May 2022, with the theme ‘Better Together’.

(b) Further, that Council thanks all those who volunteer in the City of Parramatta for their tremendous efforts and selfless service, making our City a better place.

8.3

SUBJECT Expression of Interest in Transport for NSW E-scooter Trial

REFERENCE F2021/02779 - D08517897

REPORT OF Lord Mayor, Councillor Donna Davis

3764

RESOLVED (Davis/Prociv)

(a) That Council note that the NSW State Government has announced a planned trial of shared electric scooters and has invited councils to express interest in participating in a trial.

(b) That Council note that an expression of interest in the trial only commits Council consider its participation in the trial.

(c) Further, that Council writes to the Deputy Secretary, Cities and Active Transport at Transport for NSW expressing its interest in the trial and nominate Jennifer Concato, Executive Director City Planning & Design and/or their delegate as Council’s representatives to attend a briefing offered on 13 May 2022.

8.4

SUBJECT Peninsula Park, Wentworth Point

REFERENCE F2021/02779 - D08518157

REPORT OF Lord Mayor, Councillor Donna Davis

3765

RESOLVED (Davis/Noack)

(a) That Council note the existing resolutions of Council regarding advocacy for the delivery of Peninsula Park, Wentworth Point.

(b) Further, that Council write to the NSW Minister for Transport, NSW Minister for Planning and local State Member of Parliament, seeking an urgent meeting to discuss the delivery of Peninsula Park, Wentworth Point, including provision of the timeline for delivery by the NSW Government.

8.5

SUBJECT The Salvation Army's Western Sydney Red Shield Appeal 2022

REFERENCE F2021/02779 - D08518484

REPORT OF Lord Mayor, Councillor Donna Davis

3766

RESOLVED (Davis/Wang)

(a) That Council note the official launch of The Salvation Army’s 2022 Western Sydney Red Shield Appeal took place on Friday, 6 May 2022.

(b) Further, that Council donate $1,000 to the 2022 Western Sydney Red Shield Appeal.

9. Public Forum

There were no public forums submitted to the meeting.

10. Petitions

There were no petitions tabled at the meeting.

11. Rescission Motions

Nil

12. For Notation

12.1

SUBJECT CBD Revitalisation Grant Program (Deferred Item)

REFERENCE F2022/00105 - D08461662

REPORT OF Events & Festivals Manager

3767

RESOLVED (Pandey/Noack)

That the report be received and noted.

13. For Council Decision

13.1	SUBJECT Draft Community Strategic Plan 2018-38 (Amended) for Public Exhibition REFERENCE F2022/00105 - D08470255 REPORT OF Corporate Strategy Manager
	MOTION (Esber/Green) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive.
	AMENDMENT (Bradley/Esber) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive, with an amendment upgrading the low emissions reduction target (page 57 outcome G.3) to the NSW Government policy of 50% emissions reduction by 2030 and changing the target shown from 60% to 70% emissions reduction by 2038. Councillor Esber as mover of the original motion accepted the amendment. The amendment then became the motion. Councillor Green as seconder of the original motion, withdrew his second to the amended motion. Councillor Darley then seconded the amended motion. The motion on being put was declared CARRIED.
3768	RESOLVED (Esber/Darley) That Council endorse the draft updated Community Strategic Plan 2038 for placing on public exhibition for 28 days from 10 May 2022 to 7 June 2022 inclusive, with an amendment upgrading the low emissions reduction target (page 57 outcome G.3) to the NSW Government policy of 50% emissions reduction by 2030 and changing the target shown from 60% to 70% emissions reduction by 2038.

Note: Councillor Esber declared a non-pecuniary but significant interest in Item 13.2 and left the Chamber at 7:22pm prior to consideration of the matter.

13.2

SUBJECT Planning Proposals for sites at WSU Parramatta North Campus and at 1-21 Hope Street, 27-43 Oak Street and 126-130 James Ruse Drive, Rosehill

REFERENCE F2022/00105 - D08452384

APPLICANT/S Refer to report

OWNERS Refer to report

REPORT OF Project Officer

3769

RESOLVED (Noack/Prociv)

(a) That Council note the applicant has withdrawn the Planning Proposal for the WSU Parramatta North Campus at 70 Pemberton Street, 260 and 260A Victoria Road, 178-184 & 190-200 James Ruse Drive, and 15-19 Colet Parade, Parramatta and note that no further action is required.

(b) That Council not proceed with the Planning Proposal at 1–21 Hope Street, 27–43 Oak Street and 126–130 James Ruse Drive, Rosehill for the following reasons:

i. The applicant has not met the Council’s preferred density and scale requirements.

ii. Inconsistency with the Local Strategic Planning Statement and Local Housing Strategy as the site is not within an identified Growth Precinct and the proposed development is not required to meet Council’s adopted housing and employment targets.

iii. The proposed density and heights would result in overdevelopment of the site, are inconsistent with the density and heights of nearby high-rise development and are overbearing of nearby lower scale development (particularly to the west and southwest).

iv. The proposed urban design outcome lacks a suitable transition to nearby lower-scale development and a cohesive arrangement of buildings and spaces.

v. Failure to address flood affectation issues.

vi. Inadequate protection of the Historic View Corridor No. 12 (Elizabeth Farm).

vii. Failure to demonstrate that the proposal can satisfactorily address traffic flow, parking and access impacts arising from the proposed development.

A division is called and results being unanimous.

DIVISION A division was called, the result being:-

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

NOES: Nil

Note: Councillor Esber returned to the Chamber at 7:25pm.

13.3

SUBJECT Process for naming Parramatta's new aquatic facility

REFERENCE F2022/00105 - D08429607

REPORT OF Group Manager Social and Community Services

3770

RESOLVED (Esber/Darley)

That Council defer consideration of this matter until the actions arising out of the Councillor Workshop are completed.

Note: Councillor Green declared a pecuniary interest in Item 13.4 and left the Chamber at 7:27pm prior to consideration of the matter.

13.4

SUBJECT Draft Disability Inclusion Action Plan (DIAP) 2022-2026

REFERENCE F2022/00105 - D08451789

REPORT OF Group Manager Social & Community Services

3771

RESOLVED (Pandey/Maclean)

(a) That Council approve the draft Disability Inclusion Action Plan (Attachment 1) to be placed on public exhibition for a period of four (4) weeks.

(b) Further, that a consultation process be undertaken to engage with the community, and other key stakeholders, on the draft Disability Inclusion Action Plan and that, upon completion of the public exhibition period, all feedback and submissions are reported back to Council, together with a revised Disability Inclusion Action Plan, for consideration.

Note: Councillor Garrard left the Chamber at 7:27pm and was not present for the vote on Item 13.4.

Note: Councillor Green returned to the Chamber at 7:30pm.

13.5

SUBJECT Sportsground Strategy and Action Plan (Deferred Item)

REFERENCE F2022/00105 - D08478808

REPORT OF Recreation Planner

3772

RESOLVED (Pandey/Valjak)

(a) That Council approve the Sportsground Strategy and Action Plan (SSAP) at Attachment 1, noting that it sets out the strategy for Council’s pursuit, on its own or in partnership with others, of the following over the next 20 years:

1. Increase the practical capacity of Council’s sportsground network by 51 sporting fields through:

i. improving maintenance and upgrade existing sportsground facilities to increase capacity;

ii. considering the role of natural turf, hybrid and synthetic surface technology to increase field carrying capacity;

iii. delivering new sportsground facilities;

iv. increasing community access to sporting fields not owned by Council; and

v. implementing efficient management processes to support and maximise the use of sportsground facilities.

2. Incorporating projects identified in the SSAP into the delivery of the contributions plan and subsequent updates.

3. Applying the recommendations of the SSAP in preparing operational and capital works budgets for the short, medium, and long-term.

4. Applying the recommendations of the SSAP in seeking grant and funding opportunities for sportsground facilities, and in negotiations of future voluntary planning agreements that include sportsground facilities.

(b) That Council note that any site specific assessment and business case process recommending the use of synthetics and/or hybrid sporting surfaces will be reported to Council for consideration and approval.

(c) That all those who provided submissions during the public exhibition period be advised of Council’s decision and thanked for their contribution to the development of the SSAP.

(d) That the Allocation Policy to compliment this strategy be developed within the next 12 months.

(e) Further, that a briefing note be presented to Councillors annually regarding the progress and status of the Strategy.

Note: Councillor Garrard returned to the Chamber at 7:32pm during consideration of Item 13.5.

14. Notices of Motion

14.1

SUBJECT Events Budget (Deferred Item)

REFERENCE F2022/00105 - D08461645

FROM Councillor Garrard

The Notice of Motion was WITHDRAWN.

14.2

SUBJECT CBD Lighting Project (Deferred Item)

REFERENCE F2022/00105 - D08461654

FROM Councillor Garrard

The Notice of Motion was WITHDRAWN.

14.3

SUBJECT CBD Planning Proposal

REFERENCE F2022/00105 - D08504984

FROM Councillor Wearne

The Notice of Motion was WITHDRAWN.

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice from Council Meeting - 26 April 2022

REFERENCE F2022/00105 - D08504743

FROM Business Governance Officer

QUESTIONS TAKEN ON NOTICE FROM THE COUNCIL MEETING OF 26 APRIL 2022

Item 12.2 – Returns for Designated Persons

Question from Councillor Bradley

During discussion on the motion moved by Councillor Esber, Councillor Bradley asked the following question:

1. Why have we redacted more than what the IPC guidelines say we should be redacting?

Chief Financial and Information Officer Response

1. The IPC Guideline 1 for Local Councils on the disclosure of information contained in the returns disclosing the interests of Councillors and designated persons developed under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act), released in September 2019 outlines requirements of Councils to mandatorily release disclosures of interest in written returns with relation to the GIPA Act and corresponding regulation.

The Guideline reinforces the status of disclosures in written returns as available for mandatory proactive release, or “open access information” under the Government Information (Public Access) Regulation 2018 (NSW).

The Guideline also acknowledges the disclosures in written returns may contain personal information about each Councillor and designated person.

The Guideline suggests the written returns are to be disclosed on the website of a Council, unless to do so would impose unreasonable costs to the Council or if the Council has determined there is an overriding public interest against disclosing the information. Determination of an overriding public interest against disclosure requires the conduct of a public interest test weighing up the public interest considerations in favour of and against disclosure of the information. It should be noted that s6(4) of the GIPA Act requires agencies to “facilitate public access to open access information contained in a record by deleting matter from a copy of the record to be made publicly available, if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record, and it is practicable to delete the matter”.

The Guideline supplies the following framework for the provision of disclosures in written returns as open access information:

a. The returns should be made publicly available on the Council’s website free of charge unless there is an overriding public interest against disclosure or to do so would impose unreasonable additional costs on the Council

b. The fact that a return of interests is open access information is a factor in favour of disclosure in balancing the public interest

c. In the circumstances where Council decides that there is an overriding public interest against disclosure of the return, consideration should then be given to whether it is practicable to release an edited copy of the return (for example redacting the individual’s signature or residential address) in accordance with section 6(4) of the GIPA Act

d. If it is practicable to do so, then the information should be deleted from a copy of the return and the remainder of the return made available on the Council’s website

e. Where information is deleted from a return, Council should keep a record indicating, in general terms, the nature of the information redacted in accordance with section 6(5) of the GIPA Act

f. Copies of publicly available information about returns may be made in accordance with clause 5(1)(b) of the GIPA Regulation. Releasing the information contained in the returns of Councillors and designated persons in this manner facilitates the legitimate public interest in having access to the information, while protecting the individual’s right to privacy and safety.

It should be noted although the IPC provides the above advice and makes suggestions on what information Councils may redact (an individual’s signature or residential address), the Guideline is clear that Council is responsible for determining what information should be made publicly available by conducting a public interest test. Namely, point 3.11 in the Guideline states, with relation to applying s6(4) of the GIPA Act, “the type of matter which might be deleted from a return in these circumstances will vary depending on the public interest considerations applied. However, examples might include the signatures or residential address of the individual making the return”.

Therefore, in undertaking its redactions, the officer’s recommendation is to take a conservative view of “residential addresses” to include principal places of residences (PPORs) and investment properties which are of a residential nature. It should be noted these redactions apply only to the street number and street name, with the suburb and state remaining unredacted.

This approach has been selected after consideration and evaluation of the Privacy and Personal Information Protection Act 1998 (PPIP Act), as the release of all residential addresses of an individual carries the potential to impinge on an individual’s privacy rights. Simultaneously, unfettered release of an individuals’ information online removes Council’s control of this information, and its corresponding dissemination, making it accessible to all individuals, including those who may have unconscionable intentions, such as threatening the safety of staff, or conducting fraud. Access to the unredacted returns are available via submission of a form to Council, which will be assessed on a case-by-case basis, with a public interest test undertaken for each application. It should also be noted, in late 2020 to early 2021, the IPC conducted a desktop audit of local Councils. A report titled: Local Government Sector – GIPA Compliance Report was released in July 2021. A key assessment criteria of this audit was whether disclosures are publicly available, whereby the IPC states “to fully comply with the requirement, it was essential that the disclosure of interests for both Councillors and designated persons are published and publicly available and easily located on Council’s website”. No reference is made to the status of the returns as published and publicly available and discretionary redactions applied by Councils. Therefore it is the officer’s view that the current approach ensures Council is protecting the privacy of Councillors and staff whilst also satisfying the public interest factors in favour of release of the returns to promote and enhance openness, transparency and accountability in local government by enabling members of the public to apply to view the returns in their original form.

Item 13.1 – Quarterly Budget Review – December 2021 (Deferred Item)

Question from Councillor Bradley

During discussion on the motion moved by Councillor Maclean, Councillor Bradley asked the following question:

1. Why has the income of the City Strategy Unit decreased from $4000 to $2000 and is there opportunity to recover some of that income?

Chief Financial and Information Officer Response

1. The $2m movement in City Strategy revenue occurred in the September quarter reforecast and relates to Local Roads and Community Infrastructure (LRCI) grants. There is not an actual shortfall, rather $2m of the grant money, which was budgeted to occur in FY22, was received earlier in the FY21 financial year. The FY22 budget was amended in the September reforecast and there were no further material variances in the December quarter reforecast.

Item 13.5 – Minutes of the Traffic Engineering Advisory Group meeting held on 23 March 2022

Question from Councillor Noack

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

1. Can we be provided with an update on meetings Council staff have had with developers for the planned round about and street crossing on the corner of Hill Road and Burroway Road?

2. Can we be provided with an update on the traffic lights on Bennelong and Hill Road?

Executive Director City Planning & Design Response

1. As Council will ultimately become the owner of the roundabout it must ensure it is built to Council’s standards and discussions on the design requirements are still being pursued. The design must be agreed before construction can commence. This discussion is occurring via correspondence, the most recent being a Council email on 3 May 2022. This email was sent requesting the applicant address concerns Council staff had with the last set of draft Plans provided by the applicant. The most recent meeting with the developer was held last year.

Council staff will contact the developer to obtain an update on progress on this matter and this information will be included in the regular PTC/TEAG report on Hill Road that is included in the agenda for each meeting. The agenda reports for the next meeting are to be distributed to Councillors on 18 May 2022.

2. The outcome of the funding application made by Council to the Federal Government Stimulus Program for this project has not yet been determined. Minor changes are being made to the Review of Environmental Factors, traffic signals design, and street lighting design in consultation with various authorities in order to obtain final approvals. The civil design is essentially complete. It is anticipated that the documents will be finalised in late June 2022.

Item 16.1 – Legal Status Report

Question from Councillor Prociv

1. During discussion on the motion moved by Councillor Prociv, Councillor Prociv asked a question. As the question related to a confidential matter under section 10A(2)(g) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Chief Financial and Information Officer Response

1. As the response contains confidential information under section 10A(2)(g) of the Local Government Act 1993, the response is contained in the confidential attachment.

Questions from Lord Mayor, Councillor Davis

1. During discussion on the motion moved by Councillor Prociv, Councillor Davis asked a question. As the question related to a confidential matter under section 10A(2)(g) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Chief Financial and Information Officer Response

1. As the response contains confidential information under section 10A(2)(g) of the Local Government Act 1993, the response is contained in the confidential attachment.

Item 16.3 – Approval of Supplier for works associated with CBD Outdoor Dining

Question from Councillor Garrard

1. During discussion on the motion moved by Councillor Garrard, Councillor Garrard asked a question. As the question related to a confidential matter under section 10A(2)(d) of the Local Government Act, the question and staff response is provided in a confidential Attachment 1.

Executive Director Property & Place Response

1. As the response contains confidential information under section 10A(2)(d) of the Local Government Act 1993, the response is contained in the confidential attachment.

Matter of Urgency

3773

RESOLVED (Esber/Garrard)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the placement of Federal Election campaign material on Council or State Government assets.

The Lord Mayor ruled the matter urgent.

Note:

1. Councillor Bradley declared a non-pecuniary and less than significant interest in the Matter of Urgency and left the Chamber at 7:46pm prior to consideration of the matter.

2. Councillor Humphries declared a pecuniary interest in the Matter of Urgency and left the Chamber at 7:46pm prior to consideration of the matter.

3774

RESOLVED (Esber/Garrard)

(a) That Council authorise the CEO or his delegate to remove any Federal Election campaign material on Council or State Government assets and consider where appropriate the issuing of Penalty Infringement Notices.

(b) Further, that the CEO notify the relevant Party units of the decision of the Council in this matter.

Note: Councillors Bradley and Humphries returned to the Chamber at 7:50pm.

MATTER OF URGENCY

MOTION (Humphries/Prociv)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the recent celebration of Ramadan and Eid.

The Lord Mayor permitted the matter of urgency, but advised that it could also be considered by way of a Notice of Motion at the next Council Meeting. Cr Humphries accepted the Lord Mayor’s advice to issue a Notice of Motion on this subject at the next Council Meeting and subsequently WITHDREW the matter of urgency.

Matter of Urgency

3775

RESOLVED (Humphries/Prociv)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the status of the flood retention grate located at Darling Mills Creek.

The Lord Mayor ruled the matter urgent.

3776

RESOLVED (Humphries/Prociv)

That Council investigate the service requests submitted on the flood retention grate located at Darling Mills Creek and provide a status to all Councillors by this Friday, 13 May 2022.

Procedural Motion

3777

RESOLVED (Esber/Darley)

That the meeting be adjourned for a short recess.

Note: The meeting was adjourned at 8:04pm for a short recess.

The meeting resumed at 8:16pm with the following Councillors 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 (Deputy Lord Mayor), Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

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

3778

RESOLVED (Noack/Darley)

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 Shop 6/4-14 Hunter Street, Parramatta - City of Parramatta Arts Society - New Lease Request. (D08435991) - 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.

16.2 Tender 04/2021 Disposal of Waste and Recyclable Materials. (D08398853) - 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 Riverside Theatres Redevelopment Project. (D08492105) - This report is confidential in accordance with section 10A (2) (c) 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.

16.1

SUBJECT Shop 6/4-14 Hunter Street, Parramatta - City of Parramatta Arts Society - New Lease Request

REFERENCE F2022/00105 - D08435991

REPORT OF Space Management Officer

3779

RESOLVED (Garrard/Bradley)

(a) That Council approve Option 1 without CPI rent review, as outlined in paragraph 11 of this report to lease Shop 6, 4-14 Hunter Street, Parramatta.

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

16.2

SUBJECT Tender 04/2021 Disposal of Waste and Recyclable Materials

REFERENCE F2022/00105 - D08398853

REPORT OF Civil Works Manager

3780

RESOLVED (Bradley/Pandey)

(a) That Council approve the appointment of the four (4) preferred proponents for the establishment of a panel (six (6) categories) under the Disposal of Waste and Recyclable Materials tender as outlined in paragraph 23 of this report.

(b) That all unsuccessful tenderers be advised of Councils 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 Riverside Theatres Redevelopment Project

REFERENCE F2022/00105 - D08492105

REPORT OF Director - Riverside Theatres

3781

RESOLVED (Pandey/Valjak)

(a) That Council endorse the Concept Proposal validation work for the Project, summarised in this report and the 30 March 2022 Workshop presentation (Attachment 1), including the Concept Reference Design and Functional Aspirations.

(b) That Council note the Project has a preliminary cost estimate of $175.4M.

(c) That Council approve the allocation of $136M for the Project, made up of $36M held in the Cultural Fund and $100M from the sale proceeds of the Powerhouse Parramatta site held within Council’s Property Reserve, until 30 June 2023.

(d) That Council note officers will develop a strategy to address the $39.5M funding shortfall for the Project (including options such as available Section 7.11 Developer Contributions funds, Federal and State/Westinvest funding and potential corporate and philanthropic funding support).

(e) Further that Council approve the next stage of the Project, including:

1. Preparation of a detailed Business Case, Project Plan and Budget;

2. The business case be prepared within 3-4 months and the business case together with a progress report be returned to Council within 6 months for the Council to endorse continuation of the project.

3. Commencement of the Design Competition;

4. A Budget of up to $1M for the costs associated with this stage of the Project;

5. Funding of the $1M budget for this stage of the Project from the Property Reserve;

6. A report back to Council in Q1 FY 22/23 on Project progress.

Note: Councillor Darley left the Chamber at 8:41pm and returned at 8:43pm during consideration of Item 16.3.

Procedural Motion

3782

RESOLVED (Esber/Noack)

That Council resume into Open Session.

Note: Councillors Garrard and Valjak left the Chamber at 9:06pm and returned at 9:06pm during consideration of the procedural motion to resume into Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Items 16.1 to 16.3.

18. CONCLUSION OF MEETING

The meeting terminated at 9:07 pm.

THIS PAGE AND THE PRECEDING 16 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 9 MAY 2022 AND CONFIRMED ON MONDAY, 23 MAY 2022.

Chairperson