Agenda of Council - Monday, 27 June 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 Tuesday, 14 June 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, 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 6:39pm.

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 23 May 2022

3800

RESOLVED (Noack/Prociv)

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

6. APOLOGIES/REQUESTS FOR LEAVE OF ABSENCE

3801	RESOLVED (Garrard/Wang) That the request to attend the Ordinary Council Meeting dated 14 June 2022 via remote means submitted by Councillor Valjak and Councillor Wearne due to personal reasons be accepted.

7. DECLARATIONS OF INTEREST

Councillor Darley declared a non-pecuniary and less than significant interest in Item 13.3 – Environmental Education Grants being that her children attend Dundas Public School which applied for an Environmental Education Grant. She remained in the Chamber during consideration of this matter.

Councillor Pandey declared a non-pecuniary and less than significant interest in Item 13.3 – Environmental Education Grants being that his child attends Our Lady of Mercy College, Parramatta which applied for and was granted an Environmental Education Grant. He remained in the Chamber during consideration of this matter.

	Matter of Urgency
3802	RESOLVED (Esber/Garrard) That a procedural motion be granted to allow consideration of a matter of urgency in relation to the passing of Victor James Gunther and Beryl Amy Caroline Gunther. The Lord Mayor ruled the matter urgent.
3803	RESOLVED (Esber/Garrard) (a) That the Lord Mayor write to the Mayor of Cumberland Council to pass on Councils’ condolences, recognising the contributions of Victor James Gunther and Beryl Amy Caroline Gunther, and to propose the laying of a plaque in a local park, noting the City of Parramatta Council will contribute to the cost of the plaque. (b) Further, that Council stand for a minute of silence as a gesture of respect for the passing of Victor James Gunther and Beryl Amy Caroline Gunther.
	Note: Council observed a minute’s silence.

Matter of Urgency

3804

RESOLVED (Pandey/Garrard)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the restoration of the grave of Constable Ben Ratty at St John’s Cemetery, who was killed on duty in Parramatta apprehending bush rangers.

The Lord Mayor ruled the matter urgent.

3805

RESOLVED (Pandey/Garrard)

That Council donate $2,000, to be funded from general reserves, to the Parramatta Local Area Command to contribute toward the restoration of the grave of Constable Ben Ratty in St John’s Cemetery.

8. Minutes of the Lord Mayor

8.1

SUBJECT National Pride Month

REFERENCE F2021/02779 - D08551441

REPORT OF Lord Mayor, Councillor Donna Davis

3806

RESOLVED (Davis/Prociv)

(a) That Council note June is National Pride Month, celebrating the diversity of the lesbian, gay, bisexual, transgender and intersex community.

(b) That Council note the City of Parramatta’s commitment to LGBTIQA+ inclusion in the City of Parramatta, including our work with local partners to improve community inclusion and reduce discrimination for all.

(c) Further, that on behalf of the City of Parramatta, I wish everyone in our community a happy National Pride Month, and encourage everyone to be part of the push for true equality and inclusion for LGBTIQA+ people.

8.2

SUBJECT 2022 Queen's Birthday Honours

REFERENCE F2021/02779 - D08562844

REPORT OF Lord Mayor, Councillor Donna Davis

3807

RESOLVED (Davis/Green)

(a) That Council congratulate the members of the Parramatta community, as outlined in this Minute, for their contributions to the City and recognition in the 2022 Queen’s Birthday Honours List.

(b) Further, that the Lord Mayor writes to the recipients acknowledging the contribution they have made and congratulating them on being recognised in the Order of Australia Queen’s Birthday Honours.

8.3

SUBJECT 150 Years of Marist Education in Australia

REFERENCE F2021/02779 - D08562856

REPORT OF Lord Mayor, Councillor Donna Davis

3808

RESOLVED (Davis/Pandey)

(a) That Council note in 2022, St Patrick’s Marist College is celebrating 150 years of continuous Marist education in Australia, with the last 60 of those years at their current campus on Kirby Street, Dundas.

(b) That Council writes to and congratulate St Patrick’s Marist College on this milestone and for their significant role in the City of Parramatta community.

(c) Further, that Council note the Lord Mayor will be presenting St Patrick’s Marist College with a memento in recognition of this milestone at an upcoming St Patrick’s Marist College assembly.

8.4

SUBJECT Thank You to Outgoing Local Police Superintendents

REFERENCE F2021/02779 - D08562847

REPORT OF Lord Mayor, Councillor Donna Davis

3809

RESOLVED (Davis/Garrard)

(a) That Council note Superintendent Julie Boon marked her final day as Commander of Parramatta Police Area Command in May 2022, after five years in the role.

(b) That Council writes to and thanks Supt. Boon for her exemplary leadership and contributions to the City of Parramatta as Commander Parramatta PAC and wishes her all the best in her new role with the NSW Police Transformation and Delivery Office.

(c) That Council writes to and welcomes incoming Superintendent Barry Vincent as he takes up the role of Commander Parramatta PAC.

(d) Further, that Council also writes to and thanks Detective Superintendent Paul Devaney, former Commander Cumberland Police Area Command, and writes to and welcomes incoming Superintendent Andrew Holland as he takes up the role of Commander Cumberland PAC.

8.5

SUBJECT Palliative Care at Westmead Hospital

REFERENCE F2021/02779 - D08562858

REPORT OF Lord Mayor, Councillor Donna Davis

3810

RESOLVED (Davis/Wang)

(a) That Council note the 9 June 2022 NSW Government announcement of $743 million to enhance end-of-life care in NSW, which included an announcement of a dedicated palliative care unit at Westmead Hospital.

(b) Further, that Council writes to and congratulates the Westmead Push for Palliative Care advocacy group, led by Dr Phillip Lee, for their relentless advocacy to see funding returned to Westmead Hospital for a dedicated palliative care unit.

Note: Councillor Noack left the Chamber at 7:13pm and returned at 7:16pm during consideration of Item 8.5.

8.6

SUBJECT 50th Anniversary of Rotary Club of Parramatta City

REFERENCE F2021/02779 - D08562862

REPORT OF Lord Mayor, Councillor Donna Davis

3811

RESOLVED (Davis/Pandey)

(a) That Council note that 21 June 2022 marks the 50^th Anniversary of the Rotary Club of Parramatta City.

(b) That Council writes to and congratulates the Rotary Club of Parramatta City on this milestone, thanking the Club and its members for their contributions to the City.

(c) Further, that in recognition of their 50^th Anniversary, Council donate $500 to their 50^th Anniversary Fundraising Project, Food Ladder, which will provide a food garden at Merriwa Central School in the Upper Hunter Valley.

8.7

SUBJECT Supporting Local Homelessness Service Providers

REFERENCE F2021/02779 - D08564865

REPORT OF Lord Mayor, Councillor Donna Davis

3812

RESOLVED (Davis/Bradley)

(a) That Council donate $1,000 to each of the following local Homelessness Support Service providers as a contribution to their Winter Appeals:

a. Parramatta Mission

b. St Vincent de Paul

c. Jesuit Refugee Service

d. Street Side Medics (in partnership with Orange Sky Laundry)

e. Dundas Area Neighbourhood Centre

f. Christian Community Aid

(b) That Council writes to each of these providers advising of these donations for the purpose of the purchase and distribution of winter needs to those experiencing homelessness or at risk of homelessness.

(c) Further, that Council note a donation of $1,000 was made by Council to The Salvation Army’s Western Sydney Red Shield Appeal 2022 following the resolution of 9 May 2022.

9. Public Forum

There were no public forums submitted for this meeting.

10. Petitions

10.1

SUBJECT Clean up Albion St Harris Park

FROM Councillor Patricia Prociv

A petition signed by the public was tabled at the Council meeting and reads:

Albion Street is used as overflow parking by patrons of the restaurants on Wigram and Marion streets. The expansion of the restaurant precinct in Wigram and Marion St and the introduction of several street food stalls (specializing in take away) has resulted excessive litter (plastic cups, plates and food items) being dumped on Albion St by restaurant patrons.

This issue is compounded by the rampant mismanagement of waste by the restaurant precinct which effectively encourages poor hygiene and waste management practices among their customer base.

The Council has allowed these businesses to continue operating despite the obvious environmental impact. Consequently, the Council should be actively putting mitigation measures in place to address the negative impact caused by restaurant operations.

The issues are:

· Excessive litter accumulating on Albion Street Harris Park due to littering by restaurants and their patrons;

· Poor waste management practices of Wigram and Marion Street restaurants (and grocer) condones and encourages irresponsible waste management behaviours by their patrons.

Albion Street residents require the implementation of the following solutions:

· Daily cleansing to be carried out on Albion Street (Weekdays and Weekends)

· ‘Don’t be a tosser’ signs displayed at all restaurant and on Marion and Wigram streetlamp posts.

· Waste Management audits to be completed on all business and fines imposed on business found to be mismanaging waste

· An education program to be rolled out at the restaurant precinct about waste management.

That the petition be received and referred to the relevant Council Officer and a copy of the petition be circulated to all Councillors.

10.2

SUBJECT Parramatta North Public School 40km zone

FROM Deputy Lord Mayor, Sameer Pandey

A petition signed by the public was tabled at the Council meeting and reads:

The petition is for the urgent extension of the Parramatta North Public School’s 40km zone to include the intersection of Church and Albert Street and Pennant Hills Road. This also includes rectifying several design faults of the intersection too.

As most of the school community would be aware, the intersection of Church and Albert Street and Pennant Hills Road has opened up the traffic now flowing in all directions.

The intersection has grown bigger and undergone significant changes that drivers (local and visiting) now must navigate while primary school children are crossing.

Traffic NSW have failed to consider the risk this intersection has on the safety of children using it to get to and from school with the 40km school zone starting after the intersection rather than before it. this along with the anomaly of signs and various design faults have been identified over several weeks. As a parent, I hold grave concerns and feel there is an urgent need for the school zone to be significantly extended to protect children and families.

Deputy Lord Mayor Sameer Pandey has listened to our concerns and feels there is a need for the 40km zone to be extended on the North, East, South and West sides to slow traffic right down while children are crossing. Unfortunately, being a state road intersection, the responsibility remains with Traffic NSW.

By signing the petition, you will be giving Parramatta Council the support it needs to effectively raise these issues with Traffic NSW and ask for the requested changes and extension of the 40km school zone to be done as a matter of priority.

That the petition be received and referred to the Traffic Committee and a copy of the petition be circulated to all Councillors.

10.3

SUBJECT Community BMX Track Proposal

FROM Councillor Kellie Darley

A petition signed by the public was tabled at the Council meeting and reads:

The bottom half of Upjohn park is the perfect place to build the community BMX track as the park was an old 9 hole golf course with undulating hills and will save some excavation and movement of the soil. There will be no removal of trees in this process as we are only building on the grass area. This is very important as this corridor has endangered Turpentine trees.

All houses that back on to the park and more have agreed to this idea. It will be an awesome addition to the Rydalmere and Ermington area to get kids off the streets and devise. Getting them back into the community. As a very active and outdoor kids myself I believe Upjohn park needs an awesome feature like this.

The carpark is another positive point as people from other areas will drive and they won’t be parking on the street.

That the petition be received and referred to the relevant Council Officer and a copy of the petition be circulated to all Councillors.

11. Rescission Motions

Nil

12. For Notation

12.1

SUBJECT Completed works on Private Land - Bungaree Road Shops, Toongabbie

REFERENCE F2022/00105 - D08509103

REPORT OF Place Manager

3813

RESOLVED (Pandey/Garrard)

That the report be received and noted.

13. For Council Decision

13.1

SUBJECT Quarterly Budget Review - March 2022

REFERENCE F2022/00105 - D08532360

REPORT OF Financial Planning and Analysis Manager

3814

RESOLVED (Esber/Maclean)

(a) That Council adopt the March 2022 Quarterly Budget Review Statement (QBRS) and the Responsible Accounting Officer’s report on the financial position of the Council (Attachment 1).

(b) Further, that Council approve the revised budget for the 2021/22 financial year:

i) an operating surplus of $42.5m

ii) capital revenue of $89.0m

iii) capital expenditure of $266.4m.

13.2

SUBJECT Community Grants Program - 2022 Funding Decisions

REFERENCE F2022/00105 - D08385448

REPORT OF Acting Community Capacity Building Manager

3815

RESOLVED (Garrard/Wang)

(a) That Council adopt the expenditure recommended by the Councillor Grants Committee for the 2022 Community Grants as summarised in Attachment 2, noting the unspent Sports and Recreation grants for the quarterly round from the 2022 Rounds now results in a $60,000 total budget for the Sports and Recreation grant for the 2022/23 financial year.

(b) That Council endorse two Creative Skills Development Grant offers of $10,000 each being made to two unsuccessful applicants in the Creative Fellowship category identified in Attachment 2 and delegates authority to the Chief Executive Officer to disburse funds to those who meet the requirements detailed in paragraph 14 of this report.

(c) Further, that Council note the status of grants made in the quarterly Community Grants program and Parramatta Representative Sports Grant as summarised in Attachment 3.

Note: Councillor Siviero left the Chamber at 8:00pm and returned at 8:04pm during consideration of Item 13.2.

13.3

SUBJECT Environmental Education Grants 2022

REFERENCE F2022/00105 - D08531519

REPORT OF Manager Sustainability & Waste

3816

RESOLVED (Esber/Maclean)

That Council approve the expenditure recommended by the Councillor Grants Committee for the 2022 round of Environmental Education Grants as follows:

School	Kitchen Garden Grant	General Enviro Grant *	Total Funding Recommended $
Toongabbie Public School	$8,000(+$4,000)	$1,000 Cultural Food garden	$13,000
Our Lady of Mercy College Parramatta		$1,000 Food waste composting	$1,000
Dundas Public School	$8,000 (+$4,000)	$1,000 Cycling skills and safety	$13,000
		TOTAL	$27,000

13.4

SUBJECT Local Heritage Grant Applications

REFERENCE F2021/02440 - D08516916

REPORT OF Project Officer Land Use

3817

RESOLVED (Garrard/Pandey)

(a) That Council approve the Heritage Grant recommendations, as detailed in paragraph 8 of this report as follows:

i. Make a grant of $1,672 for 144 Good Street, Harris Park.

ii. Make a grant of $3,300 for 46 Grose Street, North Parramatta

iii. Make a grant of $3,300 for 3 Albion Street, Harris Park.

iv. Make a grant of $3,300 for 5 Albion Street, Harris Park.

(b) That the Heritage Advisory Committee be advised of Council’s decision on these applications at the first meeting of the Committee.

(c) Further that Council review the maximum amount available per grant and that the findings of this review be presented to a Councillor Workshop.

13.5

SUBJECT City Events and Festivals Plan - FY 2022/23

REFERENCE F2022/00105 - D08543292

REPORT OF Team Leader, Civil Program & Protocol

3818

RESOLVED (Maclean/Garrard)

(a) That Council endorse the proposed City Events and Festival Plan for the 2022-2023 financial year.

(b) That Council note the proposed program aligns to the endorsed 2020-2025 City of Parramatta Events and Festivals Strategy.

(c) That Council note the proposed program reflects the feedback received throughout consultation and has applied consideration to post Covid impacts.

(d) That Council note the proposed programs to be delivered as ‘partnerships’ are dependent on third party agreements and may be subject to change.

(e) That Council note the individual operational budgets per event may be adjusted throughout the course of the year depending on factors including inflation, resource costs, and supply chain impacts, but the program in its entirety will not exceed the annual events and festivals operating budget.

(f) That Council note the Moon Festival, scheduled to be held in September 2022, is to be funded from the Activation Budget for a total amount of $25,000, and not from the Lunar Year budget.

(g) Further, that Council will aim to secure grant funding for additional programs, and if successful, will increase the scope of the proposed program.

13.6

SUBJECT Naming Proposal for Unnamed Granville Laneway

REFERENCE F2022/00786 - D08482236

REPORT OF Senior Project Officer Place Services

3819

RESOLVED (Prociv/Humphries)

(a) That Council endorse the use of Harmon Lane for the first unnamed laneway which runs from A’Beckett Street in the north and connects through to Alfred Street in the south-east, running parallel with Kemp Street to the west, and Alfred Street to the east. The name and location for the first unnamed laneway is illustrated in the Site Map as Laneway 1 (see Attachment 1).

(b) That Council endorse the use of Carlotta Lane for the second unnamed laneway which runs adjacent to unnamed laneway one and meets with Kemp Street to the west. The name and location for the second unnamed laneway is illustrated in the Site Map as Laneway 2 (see Attachment 1).

(c) That Council endorse the use of McGill Lane for the third unnamed laneway which runs off Quince Lane and meets with Good Street to the west. The name and location for the third unnamed laneway is illustrated in the Site Map as Laneway 3 (see Attachment 1).

(d) Further, that the preferred name for each of the unnamed laneways be referred to the Geographical Names Board (GNB) of NSW for formal assignment and Gazettal under the Geographical Names Act 1996.

Note: Councillor Garrard left the Chamber at 8:13pm during consideration of Item 13.6

13.7

SUBJECT Update of Mobility Parking Scheme (MPS) in CBD

REFERENCE F2022/00105 - D08438106

REPORT OF Group Manager Regulatroy Services

3820

RESOLVED (Pandey/Humphries)

(a) That Council note there is ongoing misuse of Mobility Parking Scheme permits (MPS) within the Parramatta CBD creating a limitation on the availability of on-street parking spaces in the Parramatta CBD.

(b) That Council provide in principal support for the conversion of current signposted one hour timed parking to 30 minute timed parking in Parramatta CBD.

(c) That Council note the proposed changes to timed parking in the CBD will be reviewed by Council’s Traffic Committee and come back to Council for approval.

(d) That Council write to the Minister for Transport and the Local State Member of Parliament providing a summary of the audit conducted by Council Officers between 27 April and 10 May 2022, and advocating for a review of the Mobility Parking Scheme Permits (MPS).

(e) Further, that a report be brought to Council six (6) months after implementing the timed parking changes, which assesses the effectiveness of the changes in managing the issue of MPS misuse and the impacts on key stakeholders including relevant business in the CBD.

Note:

Councillor Garrard returned to the Chamber at 8:20pm during consideration of Item 13.7

Councillor Garrard left the Chamber at 8:21pm and returned at 8:25pm during consideration of Item 13.7

Procedural Motion

3821

RESOLVED (Esber/Darley)

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

Note: The meeting was adjourned at 8:27pm for a short recess.

Procedural Motion

3822

RESOLVED (Davis/Prociv)

That the meeting resume.

The meeting resumed at 8:42pm 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, Dr Patricia Prociv, Georgina Valjak, Donna Wang and Lorraine Wearne (8:44pm).

13.8

SUBJECT Submission on Sydney Metro West Environmental Impact Statement 3

REFERENCE F2022/00105 - D08503630

REPORT OF Sydney Metro West Project Interface Manager

3823

RESOLVED (Prociv/Esber)

(a) That Council approve the submission at Attachment 1 to the Department of Planning and Environment (DPE) on the Environmental Impact Statement 3 for Sydney Metro West, noting Council’s support for the Sydney Metro West project and the following key components of the submission:

i. The design and implementation of an effective Civic Link in the Parramatta CBD, in conjunction with City of Parramatta Council, will require establishing minimum dimensions for the link, laneways and public space, along with drop downs for provision of deep soil tree planting and service provision. If these are not provided, Civic Link will be compromised and a key Sydney Metro West public domain outcome in the Parramatta CBD will not be achieved;

ii. A’Becketts and Duck Creek Riparian Corridors should meet the minimum 30m (Duck Creek) and 20m (A’Becketts Creek) vegetated riparian zones as per NSW Department of Industry Guidelines for controlled activities on waterfront land - Riparian Corridors (2018);

iii. Overlaps in analysis and information caused by the staged EIS process must be resolved in this latest EIS. This includes critical information within the current flood hydraulic concept modelling within Planning Approval SSI-10038 and the creation of recreation offset land within the flood storage area of the Clyde Stabling and Maintenance Facility (CSMF) in that concept model. There are current analyses taking place which must be reflected in this EIS, as the appropriate document to provide that detail;

iv. The indicative layout plan for the CSMF should be updated to reflect the full scope of active transport connections consistent with the draft Camellia-Rosehill Place Strategy, specifically the active transport route along Duck Creek connecting the precinct to the M4 cycleway and connections from the recreation offset land to Duck Creek and Sydney Metro staff facilities;

v. The traffic modelling should be updated to reflect current conditions outside of the pandemic lock-down. Further consideration should be given to traffic management around the Station precincts and specific local conditions described in this submission; and

vi. Connections to public transport modes, accessibility and kiss and ride provision at Westmead, Parramatta and Olympic Park stations should be considered in further detail as addressed within the submission.

(b) That Council note the submission;

i. Requests the resolution of matters raised in the submission being essential to ensure the Sydney Metro West project provides the required infrastructure requirements for the City of Parramatta LGA and Council be consulted on areas that require further development, including:

a. Inclusion (or as a minimum, provision for future addition) of a Metro Station at Camellia

b. An alternative offset recreational area for the loss of private recreational area within the Clyde Stabling and Maintenance Facility

c. Civic Link.

i. Forward the submission to the DPE for its consideration.

ii. Continue meetings between senior officers of Council, the DPE and Sydney Metro with the aim of working together to address the issues raised in the submission.

(d) Further, that Council be advised of the NSW Department of Planning and Environment’s and Sydney Metro’s response to Council’s submission.

13.9

SUBJECT Amendments to the Parramatta City Centre Local Infrastructure Contributions Plan

REFERENCE F2022/00105 - D08519369

REPORT OF Project Officer

3824

RESOLVED (Esber/Garrard)

(a) That Council approve the revised Parramatta City Centre Local Infrastructure Contributions Plan 2022, as provided at Attachment 1.

(b) That the revised Contributions Plan be submitted to the Department of Planning and Environment for final assessment, consistent with the request of the Minister for Planning in his letter dated 6 May 2022 (refer to copy at Attachment 2).

(c) That Council note the revised Contributions Plan will not be publicly exhibited as the changes are of a minor and technical nature; and that there is no adverse impact to landowners as a consequence of maintaining the existing percentage rates in the areas where the Parramatta CBD Planning Proposal did not progress.

(d) Further, that Council note the revised Contributions Plan will be subject to approval by the Minister for Planning and, if approval is obtained, is anticipated to commence on 14 October 2022, concurrent with the commencement of Amendment 56 to Parramatta Local Environmental Plan 2011.

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

13.10

SUBJECT Gateway Request: Planning Proposal and Voluntary Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford

REFERENCE F2022/00105 - D08529389

APPLICANT/S Karimbla Construction Services (NSW) Pty Ltd

OWNERS Karimbla Properties (No. 61) Pty Ltd

REPORT OF Project Officer Land Use

3825

RESOLVED (Esber/Green)

(a) That Council approve the Planning Proposal (at Attachment 1) for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE) for land at 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford which seeks to amend the Parramatta (former The Hills) Local Environmental Plan 2012 as follows:

i. Addition of shops, food and drink premises, business premises and recreational facility (indoor) as additional permitted uses (limited to a maximum of 2,000sqm) to Schedule 1; and

ii. Addition of 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford to the Additional Permitted Uses Map.

to facilitate retail floor space, metro style supermarket along with specialty retail, business, and recreational uses.

(b) That Council request to DPE that it be authorised to exercise its plan-making delegations for this Planning Proposal.

i. To draft the Planning Agreement based on the submitted offer provided at Attachment 3; and

ii. In the event that Gateway Determination is issued by the DPE, that the Planning Agreement is placed on public exhibition concurrently with the Planning Proposal.

(d) Further that, Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the preparation and processing of the Planning Proposal and draft Planning Agreement.

DIVISION - A division was called, the result being:-

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

NOES: Nil

13.11	SUBJECT Gateway Request: Planning Proposal for 19 Hope Street, Melrose Park and 69-77 Hughes Avenue, Ermington (Melrose Park North Precinct) REFERENCE F2022/00105 - D08530158 APPLICANT/S M Projects OWNERS Payce MP DM Pty Ltd REPORT OF Project Officer Land Use
	MOTION (Noack/Prociv) (a) That Council approve for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE), the Planning Proposal at Attachment 2 for land at 19 Hope Street, Melrose Park and 69-77 Hughes Avenue, Ermington, which seeks to amend Parramatta Local Environmental Plan 2011 (PLEP 2011) by: i. Rezoning 19 Hope Street from IN1 General Industrial to part B4 Mixed Use and part RE1 Public Recreation. ii. Rezoning 69, 71, 73 and 75 Hughes Avenue from R2 Low Density Residential to B4 Mixed Use. iii. Rezoning 77 Hughes Avenue from R2 Low Density Residential to part B4 Mixed Use and part RE1 Public Recreation. iv. Amending the maximum building height across the site from part 9m and part 12m to a range between 13m and 48m (approximately 4 – 14 storeys). v. Amending the Floor Space Ratio (FSR) from part 1:1 and part 0.5:1 to 1.85:1. vi. Inserting a site-specific provision in Part 6 Additional local provisions – generally of PLEP 2011 and amending the Additional Local Provisions map to include the land to ensure a minimum of 1,400m² of non-residential floor space is to be provided within the site to serve the local retail and commercial needs of the incoming population. vii. Amending the Land Reservation Acquisition map to reflect the areas of open space to be dedicated to Council. (b) That the draft site-specific Development Control Plan (DCP) for Melrose Park North be amended to include the subject site and any necessary amendments to the DCP provisions relating to this site be reported to Council for consideration for exhibition with the Planning Proposal should Gateway determination be issued. (c) That Council delegate authority to the CEO to commence negotiations to enter into a Planning Agreement with the proponent. (d) That Council advise the DPE that the CEO will be seeking to exercise its plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012. (e) Further that, Council delegate authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that arise during the plan-making process.
	During debate, Councillor Prociv moved a foreshadowed motion and withdrew as seconder to the original motion. Councillor Esber seconded the original motion. FORESHADOWED MOTION (Prociv/Darley) That consideration of this matter be deferred for Councillors to receive additional information.
	The motion moved by Councillor Noack and seconded by Councillor Esber on being put was declared CARRIED.
3826	RESOLVED (Noack/Esber) (a) That Council approve for the purposes of seeking a Gateway Determination from the Department of Planning and Environment (DPE), the Planning Proposal at Attachment 2 for land at 19 Hope Street, Melrose Park and 69-77 Hughes Avenue, Ermington, which seeks to amend Parramatta Local Environmental Plan 2011 (PLEP 2011) by: i. Rezoning 19 Hope Street from IN1 General Industrial to part B4 Mixed Use and part RE1 Public Recreation. ii. Rezoning 69, 71, 73 and 75 Hughes Avenue from R2 Low Density Residential to B4 Mixed Use. iii. Rezoning 77 Hughes Avenue from R2 Low Density Residential to part B4 Mixed Use and part RE1 Public Recreation. iv. Amending the maximum building height across the site from part 9m and part 12m to a range between 13m and 48m (approximately 4 – 14 storeys). v. Amending the Floor Space Ratio (FSR) from part 1:1 and part 0.5:1 to 1.85:1. vi. Inserting a site-specific provision in Part 6 Additional local provisions – generally of PLEP 2011 and amending the Additional Local Provisions map to include the land to ensure a minimum of 1,400m² of non-residential floor space is to be provided within the site to serve the local retail and commercial needs of the incoming population. vii. Amending the Land Reservation Acquisition map to reflect the areas of open space to be dedicated to Council. (b) That the draft site-specific Development Control Plan (DCP) for Melrose Park North be amended to include the subject site and any necessary amendments to the DCP provisions relating to this site be reported to Council for consideration for exhibition with the Planning Proposal should Gateway determination be issued. (c) That Council delegate authority to the CEO to commence negotiations to enter into a Planning Agreement with the proponent. (d) That Council advise the DPE that the CEO will be seeking to exercise its plan-making delegations for this Planning Proposal, as authorised by Council on 26 November 2012. (e) Further that, Council delegate authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that arise during the plan-making process. DIVISION -A division was called, the result being:- AYES: Councillors Esber, Garrard, Green, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne NOES: Councillors Davis, Bradley, Darley, Maclean and Prociv
	Note: Councillor Noack left the Chamber at 8:54pm and returned at 8:55pm during the consideration of Item 13.11

14. Notices of Motion

14.1

SUBJECT Mosquito Awareness Campaign and Action Plan

REFERENCE F2022/00105 - D08550924

FROM Councillor Kellie Darley

3827

Resolved (Darley/Esber)

That the matter be deferred for a Councillor Workshop, as deemed suitable by staff.

14.2

SUBJECT Lights on for Evening Exercise at Local Parks

REFERENCE F2022/00105 - D08550911

FROM Councillor Kellie Darley

3828

RESOLVED (Darley/Maclean)

(a) That a report be provided to Council on the feasibility of turning on lights at a few suitable parks across the LGA to allow for evening exercise outside of daylight saving time at the Council meeting on 11 July 2022.

(b) That this report also identify the parks at which lights are intended to be turned on for, and the financial costs associated with keeping the lights on.

14.3

SUBJECT Council Ward Budgets and Briefings

REFERENCE F2022/00105 - D08505056

FROM Councillor Pierre Esber

3829

RESOLVED (Esber/Garrard)

(a) That Council endorse an amount equivalent to the unspent Ward Initiatives Budget on a ward by ward basis, to be included in the draft FY2022/23 Budget for consideration and approval by Council.

(b) That Council endorse an increase in the Ward Initiatives Budget to $150,000 per ward to be included in the draft FY2022/23 Budget for consideration and approval by Council.

14.4

SUBJECT World Pride 2023

REFERENCE F2022/00105 - D08523063

FROM Councillor Angie Humphries

3830

RESOLVED (Humphries/Prociv)

(a) That Council note that World Pride is being conducted in Sydney between 17 February 2023 to 5 March 2023, coinciding with the annual Sydney Gay and Lesbian Mardi Gras festival.

(b) That a report be prepared for Council detailing existing planning and further opportunities for Council to join the celebrations, including, but not limited to:

i. Arts and culture events

ii. Participation by Council in the World Pride/Mardi Gras Parade

iii. Any other inclusive community activities.

(c) Further, that the report detail existing work and further opportunities to celebrate the diversity of our community in regards to the LGBTIQA+ community.

Note: Councillor Green left the Chamber at 9:36pm and returned at 9:40pm during consideration of Item 14.4

14.5

SUBJECT Acknowledgement of all Faith (Deferred Item)

REFERENCE F2022/00105 - D08408627

FROM Deputy Lord Mayor Councillor Sameer Pandey

3831

Resolved (Pandey/Esber)

(a) That the City of Parramatta Council note the cultural and religious diversity within the City of Parramatta.

(b) Further, that:

i) Council acknowledge all cultures, faith and religions of members of our community prior to the Council Meeting.

ii) An acknowledgement be read by the Lord Mayor at the Council meeting as follows:

We recognize the rich cultural and religious diversity in the City of Parramatta and we acknowledge and pay respect to the beliefs of all members of our community regardless of creed or faith.

14.7

SUBJECT Relocation of Willow Grove

REFERENCE F2022/00105 - D08550956

FROM Deputy Lord Mayor, Councillor Sameer Pandey

3832

RESOLVED (Pandey/Garrard)

(a) That an update be provided, within 30 days, on the relocation of Willow Grove and the Council resolution that required Council to create a 360-degree virtual tour of Willow Grove.

(b) Further, that a viewing, with popcorn, of the 360 video be arranged for Councillors prior to the release of the video to the public.

Note: Councillor Wang left the Chamber at 9:53pm and returned at 9:55pm during the consideration of Item 14.7

15. Questions with Notice

Nil

Procedural Motion

3833

RESOLVED (Pandey/Esber)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to a petition tabled at the 14 June 2022 Council meeting concerning the Parramatta North Public School extension of the 40km zone.

The Lord Mayor ruled the matter urgent.

3834

RESOLVED (Pandey/Humphries)

That Council write to the Minister for Transport for NSW for urgent intervention to resolve a range of issues raised by the Parramatta North Public School and P&C including urgent extension of the 40 km zone around the School.

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

3835

RESOLVED (Noack/Humphries)

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 Tender 36/2021 Supply of Ready-Mix Concrete. (D08503846) - 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.

16.2 Tender 11/2022 ALCP Gym Equipment. (D08505366) - 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 (Report discusses commercial tender submissions and evaluation.).

16.3 Tennis Facilities Review and Future Directions. (D08385451) - 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.

16.4 Capital fitout contribution for Phive and 7 Parramatta Square. (D08517098) - 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.

16.5 Approval of PHIVE Identifier. (D08544989) - 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.

16.6 NOTE LATE REPORT: WestInvest. (D08543341) - 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.

16.7 LATE REPORT: WestInvest. (D08543349) - 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 36/2021 Supply of Ready-Mix Concrete

REFERENCE F2021/02641 - D08503846

REPORT OF Civil Works Manager

3836

RESOLVED (Esber/Noack)

(a) That Council approve the appointment of the recommended tenderer for the supply of ready-mix concrete as outlined in paragraph 10 of the report.

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

16.2

SUBJECT Tender 11/2022 ALCP Gym Equipment

REFERENCE ITT-11/2022-02 - D08505366

REPORT OF Project Manager, Community Infrastructure

3837

RESOLVED (Prociv/Noack)

(a) That Council approve the appointment of the recommended tenderer for the supply, installation, and preventative maintenance program of gym equipment at the new Aquatic and Leisure Centre for Parramatta (ALCP), as outlined in paragraph 13 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 in connection with this matter.

16.3

SUBJECT Tennis Facilities Review and Future Directions

REFERENCE F2022/00105 - D08385451

REPORT OF Recreation Planner

3838

RESOLVED (Maclean/Esber)

(a) That Council note the outcome of the tennis portfolio review conducted over the last 18 months.

(b) That Council approve the following management arrangements for the tennis portfolio:

1 Nine small sites (1 to 3 court facilities) be managed in-house by Council; and

2 Five larger sites (3 to 17 court facilities) be managed by third-parties.

(c) That Council introduce a user fee in line with Council’s Fees and Charges Policy at Dunrossil Park, Dundas Park and George Kendall Reserve, following the completion of upgrade works at these sites.

(d) That Council officers contact existing third-party operators to inform finalisation of review.

(e) That Council conduct an Expression of Interest (EOI) to seek Licensees for the operation of third-party managed sites.

(f) Further, that a report be submitted to Council to approve recommended Licensees to operate the third-party managed tennis court facilities.

DIVISION - A division was called, the result being:-

AYES: Councillors Bradley, Darley, Davis, Esber, Humphries, Maclean, Noack, Pandey, Prociv and Valjak

NOES: Councillors Garrard, Green, Siviero, Wang and Wearne

16.4

SUBJECT Capital fitout contribution for Phive and 7 Parramatta Square

REFERENCE F2022/00105 - D08517098

REPORT OF Group Manager Property, Security, Assets & Services

3839

RESOLVED (Esber/Maclean)

(a) That Council approve a capital contribution towards fitout and / or rent-free component for the lease for the café tenancy at Phive as outlined in paragraph 21 of this report.

(b) That Council approve a capital contribution towards fitout and / or rent-free component for the lease of 7PS (Jubilee Hall) as outlined in paragraph 21 of this report.

(d) Further, that Council delegate authority to the Chief Executive Officer to conclude the commercial and lease terms as outlined in attachment 3 of this report.

16.5

SUBJECT Approval of PHIVE Identifier

REFERENCE F2021/03410 - D08544989

REPORT OF Strategic Communication Specialist

3840

RESOLVED (Esber/Prociv)

That Council endorse the proposed identifier as the visual identity of council’s new community asset, PHIVE, for use across marketing and promotional elements.

Note: Councillor Esber left the Chamber at 10:23pm and returned at 10:25pm during the consideration of Item 16.5

16.6

SUBJECT NOTE LATE REPORT: WestInvest

REFERENCE F2021/03410 - D08543341

REPORT OF Place Manager

RESOLVED (Esber/Noack)

That Council note a late report will be included in a supplementary agenda and distributed to Councillors prior to the Council Meeting.

16.7	SUBJECT LATE REPORT: WestInvest REFERENCE F2021/03410 - D08543349 REPORT OF Place Manager
	MOTION (Prociv/Garrard) (a) That Council endorse the WestInvest project list for the Local Government allocation and Community Project Grants – Competitive Round (see Attachment 1) and submission of the projects to the Westinvest program. (b) That Council approve a report on funding options including but not limited to grant programs and capital expenditure programs for any projects deemed unsuccessful through the WestInvest process be presented to Council as part of the Quarterly Budget Review for Q2 December 2022. (c) Further, that Council endorse allocation of up to 9% of its Local Government funding for eligible costs that will be incurred during the preparation of the strategic business cases and delivery of all successful projects.
	AMENDMENT (Darley/ Garrard). (a) That Council endorse the WestInvest project list for the Local Government allocation and Community Project Grants – Competitive Round (see Attachment 1) and submission of the projects to the Westinvest program. (b) That Council approve a report on funding options including but not limited to grant programs and capital expenditure programs for any projects deemed unsuccessful through the WestInvest process be presented to Council as part of the Quarterly Budget Review for Q2 December 2022. (c) That Council endorse allocation of up to 9% of its Local Government funding for eligible costs that will be incurred during the preparation of the strategic business cases and delivery of all successful projects. (d) That the Phillip Street and George Street projects be transferred from the Local Government allocation into the Community Project Grants allocation. (e) That the Doyle Ground Sports Facility Improvements project be transferred into the Local Government allocation from the Community Project Grants allocation and that the CAPEX program for the 2022-23 financial year be reprioritised and/or increased to accommodate for the balance of the Doyle Park project. (f) Further, that a report be brought back to Council with the budget for 2022-23 financial year providing alternative funding sources for the Phillip Street and George Street projects as part of that budget.
	Councillor Prociv, as mover of the original motion, accepted the wording of the amendment, which then became the motion.
	MOTION (Prociv/Garrard) (a) That Council endorse the WestInvest project list for the Local Government allocation and Community Project Grants – Competitive Round (see Attachment 1) and submission of the projects to the Westinvest program. (b) That Council approve a report on funding options including but not limited to grant programs and capital expenditure programs for any projects deemed unsuccessful through the WestInvest process be presented to Council as part of the Quarterly Budget Review for Q2 December 2022. (c) That Council endorse allocation of up to 9% of its Local Government funding for eligible costs that will be incurred during the preparation of the strategic business cases and delivery of all successful projects. (d) That the Phillip Street and George Street projects be transferred from the Local Government allocation into the Community Project Grants allocation. (e) That the Doyle Ground Sports Facility Improvements project be transferred into the Local Government allocation from the Community Project Grants allocation and that the CAPEX program for the 2022-23 financial year be reprioritised and/or increased to accommodate for the balance of the Doyle Park project. (f) Further, that a report be brought back to Council with the budget for 2022-23 financial year providing alternative funding sources for the Phillip Street and George Street projects as part of that budget. The motion moved by Councillor Prociv and seconded by Councillor Garrard was put and declared CARRIED.

Procedural Motion

3841

RESOLVED (Siviero/Garrard)

That the Council meeting be extended for 30 minutes.

Procedural Motion

3842

RESOLVED (Esber/Davis)

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

Note: The meeting was adjourned at 11:07pm for a short recess.

3843

RESOLVED (Prociv/Garrard)

(a) That Council endorse the WestInvest project list for the Local Government allocation and Community Project Grants – Competitive Round (see Attachment 1) and submission of the projects to the Westinvest program.

(b) That Council approve a report on funding options including but not limited to grant programs and capital expenditure programs for any projects deemed unsuccessful through the WestInvest process be presented to Council as part of the Quarterly Budget Review for Q2 December 2022.

(c) That Council endorse allocation of up to 9% of its Local Government funding for eligible costs that will be incurred during the preparation of the strategic business cases and delivery of all successful projects.

(d) That the Phillip Street and George Street projects be transferred from the Local Government allocation into the Community Project Grants allocation.

(e) That the Doyle Ground Sports Facility Improvements project be transferred into the Local Government allocation from the Community Project Grants allocation and that the CAPEX program for the 2022-23 financial year be reprioritised and/or increased to accommodate for the balance of the Doyle Park project.

(f) Further, that a report be brought back to Council with the budget for 2022-23 financial year providing alternative funding sources for the Phillip Street and George Street projects as part of that budget.

Note:

Councillor Prociv left the Chamber at 10.51pm and returned at 10:52pm during the consideration of Item 16.7
Councillor Humphries left the Chamber at 11:01pm and returned at 11:03pm during the consideration of Item 16.7

Councillor MacLean left the Chamber at 11:02pm and returned at 11:04pm during the consideration of Item 16.7
Councillor Prociv left the Chamber at 11:05pm and returned at 11:07pm during the consideration of Item 16.7

Procedural Motion

3844

RESOLVED (Darley/Esber)

That the meeting resume.

The meeting resumed at 11:14pm 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, Dr Patricia Prociv, Georgina Valjak, Donna Wang and Lorraine Wearne.

Procedural Motion

3845

RESOLVED (Esber/Garrard)

That the meeting 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 16.7.

18. CONCLUSION OF MEETING

The meeting terminated at 11.29pm.

THIS PAGE AND THE PRECEDING 28 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 14 JUNE 2022 AND CONFIRMED ON MONDAY, 27 JUNE 2022.

Chairperson

Council 27 June 2022 Item 13.1

FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Write Off of Rates and Charges - 65 Kleins Road, Northmead

REFERENCE F2022/00105 - D08435097

REPORT OF Business Improvement Manager

CSP THEME: FAIR

workshop/briefing date: Finance committee Meeting: 24 May 2022

PURPOSE:

The purpose of this report is to seek Council’s approval to write-off accrued outstanding rates and charges for the property at 65 Kleins Road, Northmead in accordance with section 131 of the Local Government (General) Regulations 2021.

RECOMMENDATION

That Council approve the write-off of the outstanding rates and charges for the property at 65 Kleins Road, Northmead in accordance with section 131 of the Local Government (General) Regulations 2021, as follows:

(a) ME & BD Pty Ltd in the amount of $17,696.17, and

(b) State of New South Wales in the amount of $104,663.31.

BACKGROUND

1. In June 2008, ME & BD Pty Ltd (ABN 36 111 920 408), the registered owner of Lots 24 and 25 in DP 16674 known as 65 Kleins Road, Northmead (the Land) fell into arrears with rates payments. Several payments were made between June 2008 through to June 2012 by ME & BD Pty Ltd, but the outstanding amount owing to Council continued to accumulate with arrears, fines, interest, and legal fees.

2. Throughout the financial years 2010 to 2012, Council actively engaged its debt recovery provider for external legal advice and support, debt management activities and recovery services; and commenced legal proceedings against ME & BD Pty Ltd for the collection of amounts owing.

3. ME & BD Pty Ltd went into liquidation on 20 April 2012. The Land was disclaimed by the Liquidator and was transferred (escheated) to the State of New South Wales on 27 August 2012 with an outstanding amount of $17,696.17. The transfer of ownership was first identified by Council on 22 February 2018 during a routine title search.

4. It is noted that rates continued to accrue against the Land during 2013 to 2018 due to the transfer of Land occurring without notification to Council.

5. In February 2018, Council decided to take the steps to sell the Land for unpaid rates and charges pursuant to section 713(2)(a) of the Local Government Act 1993. A title search was undertaken in preparation for sale which revealed that the ownership of the Land had been transferred to the State of NSW (registered on 27 August 2012). Council records were updated to reflect the new ownership.

6. An investigation by Council during this time suggested a potential occupation under a lease arrangement between the State of NSW and an unidentified party, given that the buildings remained onsite and intact. Council contacted the Crown Lands division of the Department of Planning and Environment (Department) for confirmation of any private occupation. The Department did not respond.

7. As a result of the assumption that the Land was under a lease for private purposes and the lack of response to the contrary from the Department, rates and charges continued to be levied against the Land. Numerous attempts to contact the Department were made by Council, which went unanswered.

8. On 6 September 2021, Council received formal correspondence from the Department requesting that Council cease seeking payment for rates on the Land. The Department confirmed that:

- Land owned by the Crown not being held under lease for private purpose is land exempt from all rates (Local Government Act 1993 NSW, s555(1)(a)).

- 65 Kleins Road Northmead is land owned by the Crown not being held under lease for private purposes and is land exempt from all rates.

9. Council officers have made numerous attempts to resolve this matter with the Department. However, the Department advised that they will not be making any payment for rates accrued since the State of NSW’s ownership of the Land, nor will they resolve the outstanding debts owed to Council by ME & BD Pty Ltd.

ISSUES/OPTIONS/CONSEQUENCES

10. Rate and charges were levied on the Land due to Council’s assumption that the Land was under a lease for private purposes. The Department has confirmed that this assumption was incorrect and the Land should have been exempt from all rates and charges from the date of the transfer to the State of NSW, being 27 August 2012.

11. ME & BD Pty Ltd was deregistered on 4 November 2012. Council can no longer take any legal action against ME & BD Pty Ltd to recover the outstanding rates that were levied prior to 27 August 2012 (being $17,696.17).

12. It is recommended that Council approve the write-off of rates and charges against ME & BD Pty Ltd in the amount of $17,696.17 and the State of New South Wales in the amount of $104,663.31 for the property at 65 Kleins Road, Northmead in accordance with section 131 of the Local Government (General) Regulations 2021.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
September 2021 through to April 2022	Rates, Finance and Legal	Consultation undertaken to determine course of action for the outstanding debt.	Agreed to seek Council’s approval to write-off rate and charges pursuant to section 131 of the Local Government (General) Regulations 2021.	Rates and Finance

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 May 2022	Finance Committee Members in attendance including relevant Councillors	Approved in-principle and agreed for this matter to be table at a Council Meeting for Council to approve write-off amount of $122,359.48	Drafted business paper for Council decision	Rates and Finance

LEGAL IMPLICATIONS FOR COUNCIL

15. ME & BD Pty Ltd was liable for all rates and charges levied on the Land prior to 27 August 2012. However, ME & BD Pty Ltd was deregistered on 4 November 2012. As a result, the company ceased to exist as a legal entity and Council cannot take any legal actions against ME & BD Pty Ltd to recover the outstanding rates and charges.

16. Pursuant to section 555(1)(a) of the Local Government Act 1993, the Land is exempt from all rates from the date the Land was transferred to the State of NSW on 27 August 2012. However, the Land was incorrectly assessed as rateable due to the assumption that the Land was under a lease for private purposes.

17. Council may write off rates or charges pursuant to section 131 of Local Government (General) Regulations 2021 if there is an error in the assessment or if the amount is not lawfully recoverable.

FINANCIAL IMPLICATIONS FOR COUNCIL

18. It is noted that the outstanding debts, if approved, would be written off as expenses against the unrestricted revenue. Council has already provided for these proposed write-offs in the last submitted QBRS report for Q3 Forecast and there will not be any additional financial impact to Council P&L results on account of this approval.

19. 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	Nil	Nil	Nil

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil	Nil	Nil

Benjamin Tso

Business Improvement Manager

Ian Woodward

Group Manager Legal Services

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 June 2022 Item 13.2

FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Write Off of Rates and Charges - Sydney Metro Properties

REFERENCE F2022/00105 - D08546945

REPORT OF Business Improvement Manager

CSP THEME: FAIR

workshop/briefing date: Finance Committee Meeting: 24 May 2022

PURPOSE:

The purpose of this report is to seek Council’s approval to write-off accrued outstanding rates and charges for the properties obtained through compulsory acquisitions by Sydney Metro, in accordance with section 131 of the Local Government (General) Regulation 2021.

RECOMMENDATION

(a) That Council approve the write-off of the outstanding rates and charges for the properties identified in Attachment 1 in accordance with section 131 of the Local Government (General) Regulation 2021, which as at the end of the financial year 2021-22 have accumulated to a total amount of $1,736,441.

(b) Further, that Council note Sydney Metro is a statutory body representing the Crown, and as such, the properties owned by Sydney Metro are exempt from rates under section 555(1)(a) of the Local Government Act 1993 unless the land is leased for private purposes.

BACKGROUND

1. The compulsory acquisitions of properties by Sydney Metro within the City of Parramatta LGA, is part of the NSW Government’s Sydney Metro West project that will transform Sydney for generations to come, support a growing city and deliver world-class metro services to more communities. The overview of the Sydney Metro West project is as follows:

a. The NSW Government has committed $6.4 billion over 4 years to the project.

b. This significant infrastructure investment is expected to double rail capacity between Parramatta and Sydney’s CBD, link new communities to rail services, support future employment growth and housing supply, and create approximately 10,000 direct and 70,000 indirect jobs during construction.

c. The Sydney Metro West project is a new twenty-four kilometres underground metro railway that will connect Greater Parramatta and the Sydney CBD, with stations confirmed at Westmead, Parramatta, Sydney Olympic Park, North Strathfield, Burwood North, Five Dock, The Bays, Pyrmont and Hunter Street in the Sydney CBD.

d. Construction started on Sydney Metro West in 2020.

2. Since the start of the Sydney Metro West project, Sydney Metro have acquired sixty-four properties within the City of Parramatta LGA. Refer to Attachment 2 for an aerial map highlighting the locations of each of the Sydney Metro properties.

3. Throughout 2021, Sydney Metro applied for rates exemptions for twenty (20) of the properties via individual applications. Seven (7) requests have been granted by Council and the remaining thirteen (13) requests are waiting for a final decision.

4. Following numerous attempts by Council to collect outstanding rates revenue on the remaining properties, Council received formal correspondence in December 2021 from Sydney Metro reiterating that ‘Sydney Metro is exempt from paying Council rates pursuant to s 555(1)(a) of the Act’.

5. Shortly after, Council commenced a comprehensive review of Sydney Metro properties to better understand the scale of the compulsory acquisitions of properties and land across City of Parramatta LGA and its potential financial impact to Council as it relates to rates and charges. The review identified the following:

a. Sydney Metro have acquired sixty-four properties through compulsory acquisitions with Land valued at $283 million.

b. Council has received twenty (20) individual rates exemptions applications, with thirteen (13) waiting for final decision.

c. Council has discovered another forty-four (44) properties listed in the NSW Government Gazette for the Sydney Metro project but noted that Council had not received rates exemption requests for these properties.

d. A breakdown of the rates anticipated for the 64 Sydney Metro properties is set out below:

Description	Properties (#)	Rates Levied 2020/21 ($)	Rates Levied 2021/22 ($)	Outstanding Rates Balance at the end of FY2021/22 ($)
Non-rateable properties – exemption has been granted	7	28,724.48	9,397.60	-3,935.17
Will become non-rateable properties – exemption have been requested	13	636,912.34	655,688.32	818,672.61
Will become non-rateable properties – exemption have not yet been requested	44	912,274.58	1,126,256.12	921,703.68
TOTAL:	64	$ 1,577,911	$ 1,791,342	$ 1,736,441

6. A copy of the list of Sydney Metro properties with outstanding rates balances is included at Attachment 1 to this report.

7. Numerous attempts have been made to resolve this matter with Sydney Metro. Notification has been received from Sydney Metro that they will not be making any further rates payment.

ISSUES/OPTIONS/CONSEQUENCES

8. Rates and charges were levied on Sydney Metro properties at the beginning of the financial year, and before Council was made aware of the change of ownership from previous owners to Sydney Metro. This timing issue has complicated and compounded the matter for managing and recovering accrued rates and charges for each of the properties.

9. Legal advice confirms that the Sydney Metro properties are exempt from all rates and charges from the date of acquisition by Sydney Metro if the land is not under a lease for private purposes.

10. It is recommended that Council approve the write-off of rates and charges against the sixty-four (64) properties acquired by Sydney Metro in the accumulated total amount of $1,736,441, in accordance with section 131 of the Local Government (General) Regulation 2021.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date

Stakeholder

Stakeholder Comment

Council Officer Response

Responsibility

September

2021 through to May 2022

Rates Team, Finance Teams, Property & Place, Legal Services, and External Legal Advisor (Maddocks)

Consultation undertaken to determine course of action for the outstanding rates and charges

Agreed to seek Council’s approval to write-off rate and charges, in accordance with section 131 of the Local Government (General) Regulation 2021.

Rates and Finance

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 May 2022	Finance Committee Members in attendance including relevant Councillors	Approved in-principle and agreed for this matter to be table at a Council Meeting for Council to approve write-off amount of $1,736,441	Drafted business paper for Council decision	Rates and Finance

LEGAL IMPLICATIONS FOR COUNCIL

13. Section 555(1)(a) of the Local Government Act 1993 provides that “land owned by the Crown, not being land held under a lease for private purposes” is exempt from all rates.

14. ‘Crown’ is defined to include any statutory body representing the Crown.

15. Sydney Metro was constituted by section 38 of the Transport Administration Act 1988 as a NSW Government agency.

16. The exemption under section 555(1)(a) applies on the later of:

a. the date of acquisition if there is no continued occupation for private purposes; or

b. on the date the land is no longer leased for a private purpose.

17. Sydney Metro has confirmed that the properties identified in Attachment 1 are not under a lease for private purposes. These properties were incorrectly assessed and should have been exempt from all rates under section 555(1)(a) of the Local Government Act 1993.

18. Council may write off rates or charges pursuant to section 131 of Local Government (General) Regulations 2021 if there is an error in the assessment.

FINANCIAL IMPLICATIONS FOR COUNCIL

19. It is noted that the outstanding debts, if approved, would be written off as expenses against the unrestricted revenue. Council has already provided for these proposed write-offs in the last submitted QBRS report for Q3 Forecast and there will not be any additional financial impact to Council P&L results on account of this approval.

20. 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	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

Benjamin Tso

Business Improvement Manager

Ian Woodward

Group Manager Legal Services

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	List of Sydney Metro properties with outstanding rates balances	3 Pages
2 ⇩	Map of Sydney Metro properties	1 Page

REFERENCE MATERIAL

Council 27 June 2022 Item 13.3

FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Post-Exhibition: Adoption of Code of Meeting Practice

REFERENCE F2022/00105 - D08385407

REPORT OF Governance Projects Officer

CSP THEME ACCESSIBLE

workshop/briefing date: Nil

PURPOSE:

To consider the submissions received during the public exhibition period and adopt the draft Code of Meeting Practice.

RECOMMENDATION

(a) That Council receive and note the submissions received following public exhibition of the draft Code of Meeting Practice.

(b) Further, that Council adopt the draft Code of Meeting Practice as attached to this report.

BACKGROUND

1. On 26 April 2022, Council resolved to place the draft Code of Meeting Practice (Code) on public exhibition for a period of 42 days. The resolution at that meeting is as follows:

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.

2. The draft Code was placed on public exhibition for a period of 42 days, from 27 April to 7 June 2022. Submissions on the draft Code were invited from members of the public by contacting Council’s Governance Team directly or by using Council’s online engagement portal. In total, the engagement portal page on Council’s website received 356 views and the draft Code was downloaded 31 times. The engagement report outlining the public exhibition and submissions received has been attached to this report in Attachment 3.

ISSUES/OPTIONS/CONSEQUENCES

3. During the public exhibition period, four (4) submissions were received from members of the public, one being a late submission. Of these, two (2) were generally supportive, and two (2) were generally not supportive.

4. The submissions are summarised in the table below, with a staff response provided for each submission:

Submission Number	Submission Comment	Staff Comment
1	Generally supportive of the draft Code. Commentary provided on the process for procurement of meeting AV.	Noted. Council will be transitioning to inhouse support for AV for Council Meetings once relocated to 5 Parramatta Square (PHIVE). A copy of the full submission is included in Attachment 3.
2	Generally supportive of the draft Code, with particular focus on the inclusion of divisions on voting in minutes.	Noted. The draft Code has included the non-mandatory provision to record a division on voting in the minutes of all Council Meetings. A copy of the full submission is included in Attachment 3.
3	Generally not supportive of the current structure of Council meetings and the Code of Meeting Practice as a decision-making forum.	Noted. The Local Government Act 1993 provides for how decisions of the Council (governing body) are made. The Model Code of Meeting Practice is prescribed by the Local Government (General) Regulations 2021 for the conduct of Council Meetings and meetings of Committees of Councils of which all members are Councillors. Councils are required to adopt a Code of Meeting Practice and conduct meetings in accordance with the Code. A copy of the full submission is included in Attachment 3.
4	Generally not supportive of the draft Code. Numerous comments annotated various sections in the draft Code of Meeting Practice and is included in Attachment 2.	Noted. Responses to each comment is included at Attachment 2. Council officers do not propose any changes to the draft Code resulting from this submission.

5. Council officers do not propose any changes to the draft Code resulting from the submissions.

6. The draft Code of Meeting Practice recommended for adoption is included at Attachment 1 to this report.

7. It is noted that should the attached draft Code be adopted, clause 11.10 which provides that the names of Councillors who voted for and against each Motion or Amendment (the division of voting) to be recorded in the minutes of Council Meetings, will not be implemented until such time as Council meetings have commenced at the new Council Chambers in 5 Parramatta Square. This will allow for appropriate technology to facilitate the recording of divisions.

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
27/04/2022 to 07/06/2022	Public Exhibition	4 submissions received. 2 generally in support, 2 generally not in support of Council meetings and the Code.	The feedback is noted. No changes have been proposed to the draft Code resulting from the submissions received.	Governance

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	Councillors responded with positive feedback on the proposed mandatory and non-mandatory clauses to be incorporated in the draft Code.	Feedback noted and discussed at the Policy Review Committee Meeting.	Governance
29 March 2022	Policy Review Committee Meeting	Committee members provided comments on the proposed changes to the draft Code.	Feedback noted and 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. In October 2021, a new Model Code of Conduct was prescribed under the Local Government (General) Regulation 2021 containing new mandatory and non-mandatory provisions regarding:

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; and

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

12. It is noted that the provisions made under the Local Government (General) Regulation 2021 for the remote attendance of Councillors at Council Meetings will expire on 30 June 2022. Councillors will need to attend Council Meetings in person until the provisions regarding remote attendance by Councillors at Council Meetings are adopted.

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.

14. 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	NIL

Funding Source	NIL

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

Funding Source	NIL

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL

Rebecca Srbinovska

Governance Projects Officer

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Draft Code of Meeting Practice	62 Pages
2 ⇩	Public Exhibition Submissions	12 Pages
3 ⇩	Engagement Report	12 Pages

REFERENCE MATERIAL

Council 27 June 2022 Item 13.4

FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Councillor Remuneration 2022/23

REFERENCE F2021/02778 - D08561341

REPORT OF Executive Officer

CSP THEME: FAIR

workshop/briefing date: Nil

PURPOSE:

To provide advice on the 2022 Local Government Remuneration Tribunal Determination and set the annual fees payable to the Lord Mayor and Councillors for the 2022/23 financial year.

RECOMMENDATION

(a) That Council confirm the setting of the Lord Mayor and Councillor annual fees for the period 1 July 2022 to 30 June 2023 at the maximum permissible levels, being $114,770 and $35,520 respectively.

(b) Further, that Council confirm for the Lord Mayor and Councillors to receive superannuation contribution payments from 1 July 2022, in accordance with Section 254B of the Local Government Act 1993.

BACKGROUND

1. The Local Government Act 1993 (the Act) requires the Local Government Remuneration Tribunal (the Tribunal) to report to the Minister for Local Government each year on its determination of categories of councils and the minimum and maximum amounts of annual fees to be paid to mayors, councillors, and chairpersons and members of county councils.

2. The Tribunal has determined an increase of 2% in the minimum and maximum mayoral and councillor fees for the 2022/23 financial year, with effect from 1 July 2022.

3. The Tribunal noted the requirement of section 239 of the Act that it must determine categories for councils and mayoral offices at least once every 3 years. It noted that the Tribunal had conducted an extensive review in 2020 and decided that the categories would next be considered in 2023.

4. In 2020, the categories for general purpose councils were determined as follows:

Metropolitan Non-metropolitan

Principal CBD Major Regional City

Major CBD Major Strategic Area

Metropolitan Large Regional Strategic Area

Metropolitan Medium Regional Centre

Metropolitan Small Regional Rural

5. Each council is allocated into one of these categories based on criteria identified by the Tribunal, with City of Parramatta determined as a Major CBD.

6. Pursuant to Section 241 of the Act, the annual fees to be paid to councillors and mayors for the Major CBD category effective on and from 1 July 2022 have been determined as follows:

Councillor / Member Annual Fee

Mayor / Chairperson Annual Fee

Minimum

Maximum

Minimum

Maximum

Major CBD

2021/2022

$19,180

$35,520

$40,740

$114,770

7. The Local Government Amendment Act 2021 (Amendment Act) was passed by the NSW Parliament on 13 May 2021, providing councils the option to make superannuation contribution payments for Councillors from 1 July 2022 in amount to superannuation guarantee payments.

ISSUES/OPTIONS/CONSEQUENCES

8. A Council cannot fix a fee higher than the maximum amount determined by the Tribunal.

9. It is recommended that Council adopt the maximum permissible fees for Councillors and the Lord Mayor for 2022/23.

10. Section 249 (2) of the Act stipulates that payment of a mayoral fee is in addition to the fee paid to the incumbent in their councillor capacity.

11. If a Council does not fix a fee, the Council must pay the minimum fee determined by the Tribunal.

12. The making of superannuation contribution payments for councillors is optional and at each council’s discretion. To exercise this option, the decision to make superannuation contribution payments must be made by resolution at an open meeting of the Council.

13. Where a council resolves to make superannuation contribution payments for its councillors, the amount of the payment is to be the amount the council would have been required to contribute under the Commonwealth Superannuation Guarantee (Administration) Act 1992 as superannuation if the councillors were employees of the council.

14. As of 1 July 2022, the superannuation guarantee rate will be 10.5 per cent. The rate will increase by half a percent each year until 1 July 2025 when it reaches 12 per cent.

15. Superannuation would be payable in addition to councillor fees. The superannuation contribution payment is to be paid at the same intervals as the annual fee is paid to councillors, monthly in arrears.

16. Individual councillors may opt out of receiving superannuation contribution payments or opt to receive reduced payments. Councillors must do so in writing.

17. Councillors undertake important work for their communities while facing a high workload and responsibilities which make it difficult to balance work, family and civic commitments.

18. Councillor remuneration is a significant factor in encouraging more people to stand for their community and become councillors.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
23 May 2022	Office of Local Government	Issue of 23-14 2022/23 Determination of the Local Government Remuneration Tribunal	Preparation of Council Report to confirm setting of annual fees and notification to Councillors	Executive Officer
June 2022	Finance Business Partners	Nil	Tribunal report provided to Finance Business Partners, advising of upcoming Council report and proposed Councillor fee and superannuation payment figures	Executive Officer
June 2022	Governance	Seeking Legislative Compliance Update following issue of OLG Circular 23-14	Confirmation to Governance of Council Report for 27 June Council Meeting to endorse Councillor Fee rates for 2022/23 as set by the LGRT	Executive Officer

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
June 2022	All Councillors	Nil	Tribunal report provided to all Councillors, advising of 2022/23 determination and upcoming Council report to confirm annual fee and superannuation payment figures	Executive Officer

LEGAL IMPLICATIONS FOR COUNCIL

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

FINANCIAL IMPLICATIONS FOR COUNCIL

22. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below.

23. The payment of Councillor annual fees is sourced from the existing Council Support (126000) budget, with the total fee increase on the FY2021/22 figure being $12,750.

24. The forecast total figure for Councillor fees for the FY2022/23 financial year is $647,570, being $35,520 per Councillor and the $114,770 annual Lord Mayoral fee, which has been accounted for in the draft FY2022/23 budget.

25. The forecast total figure for the payment of superannuation contributions at a rate of 10.5 per cent for the FY2022/23 financial year is $67,994.85, being $3,729.60 per Councillor and $15,780.45 for the Lord Mayoral superannuation payment.

26. The payment of superannuation contributions is currently unbudgeted expenditure and would require an adjustment to the draft FY2022/23 budget at the time of the review and approval by Council.

27. 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	Nil	Nil

Funding Source

Operating Result
External Costs
Internal Costs		($67,995)
Depreciation
Other
Total Operating Result	Nil	($67,995)

Funding Source		General Funds

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Bronwyn Pullen

Executive Officer

Justin Mulder

Chief of Staff

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 27 June 2022 Item 13.7

FOR COUNCIL DECISION

ITEM NUMBER 13.7

SUBJECT Post-exhibition: Endorsement of the amended Community Strategic Plan 2018-38

REFERENCE F2022/00105 - D08561915

REPORT OF Corporate Strategy Manager

CSP THEME: FAIR

workshop/briefing date: 20/06/2022

PURPOSE:

To seek Council endorsement of the amended Community Strategic Plan 2018-2038.

RECOMMENDATION

(a) That Council endorse the amended Community Strategic Plan 2018-38 (‘CSP’).

(b) That Council note the attached Engagement Outcomes Report and summary of submissions received via the public exhibition process from 10 May – 7 June 2022.

(c) Further, that Council delegate authority to the Chief Executive Officer to make administrative proofing adjustments such as formatting, design or typographical errors as required in the CSP before print and publication.

BACKGROUND

1. The Community Strategic Plan (CSP) is a statutory requirement of the NSW Integrated Planning and Reporting (IP&R) Framework for councils, as set by s402 of the Local Government Act 1993.

2. The CSP represents the highest level of strategic planning undertaken by Council and sits above all other Council plans and policies in the planning hierarchy. The purpose of the CSP is to identify the community’s main priorities and aspirations for the future, and strategic actions to achieve them.

3. City of Parramatta’s CSP – a 20 year plan – is only four years old, initially developed and endorsed by Council in 2018 after considerable community engagement. It includes a long term vision and six strategic goals for the City of Parramatta and its community, along with supporting outcomes, strategic actions and indicators of success.

4. Council has reviewed the CSP as required under s402(2) of the Local Government Act 1993 before 30 June following an ordinary election, and now proposes amendments to the CSP endorsed in 2018.

5. Following a statutory 28 day public exhibition of the draft document endorsed by Council on 9 May 2022, the final draft amended CSP (Attachment 1) is presented to Council for endorsement.

ISSUES/OPTIONS/CONSEQUENCES

6. In accordance with IP&R requirements, the CSP has been reviewed and updated following a period of research and engagement in 2021 and 2022.

7. The review of the CSP was undertaken with the following principles and objectives:

a. The Vision, Community Goals and general structure of the plan are sound, having been endorsed only four years ago.

b. The review will include the identification of Community Outcomes (‘What does success look like?’) to articulate the City’s vision for each Goal.

c. The review will be based on Parramatta’s strategic direction (strategies adopted last 3-4 years), community engagement, and 2022 context.

d. The CSP’s Strategic Actions to deliver these Outcomes (‘How do we get there?’) will be updated and strengthened as based on research and engagement.

e. For each Community Outcome, an indicator for long-term success will be identified, ensuring data is measurable and available.

f. Since Council is not the sole agency responsible for delivering the CSP, Council’s primary role in delivering each Strategic Action (Deliver, Partner, or Advocate) will be articulated clearly.

8. A small number of changes are proposed to the CSP following public exhibition, based on feedback from internal and external stakeholders. These can be found in Attachment 2.

CONSULTATION & TIMING

9. In order to ascertain the community’s priorities and aspirations for the future, the Community Strategic Plan was informed by an extensive program of community engagement before its endorsement in 2018. Council drew on the views of more than 15,000 community members and stakeholders in this period.

10. This review considered feedback from other strategic projects from the past 3-4 years, Council’s annual Community Satisfaction Surveys, and biennial Perceptions Tracker Surveys.

11. Supplementary engagement was undertaken in 2021 including Youth Focus Groups, an open survey for all community members (‘Your Voice. Your Vision. Your Ideas. Your Parramatta’ - see Attachment 3), and discussions with several of Council’s advisory committees.

12. A public exhibition of the draft amended CSP was undertaken from 10 May – 7 June 2022, resulting in 102 total submissions. A summary is outlined in Attachment 4.

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
June 2021	Youth Focus Groups	Discussion on youth experiences in City of Parramatta.	Feedback considered in development of drafts.	City Strategy
November 2021	Community-wide Survey	Summarised in Attachment 3 – Engagement Outcomes Report.	Feedback considered in development of drafts.	City Strategy
28 September 2021	CoP Aboriginal and Torres Strait Islander Committee	Discussion of current CSP, background and requirements.	Feedback considered in development of drafts.	City Strategy
19 October 2021	CoP Access Advisory Committee	Advice on strengthening the ‘Accessible’ Goal and engagement	Feedback considered in development of drafts.	City Strategy
25 November 2021	CoP Audit, Risk and Improvement Committee	Discussion of IP&R process and requirements.	Feedback considered in development of drafts.	City Strategy
10 May – 7 June 2022	Public Exhibition, incl. pop-up stall on 25 May.	Summarised in Attachment 4 – Public Exhibition Engagement Outcomes Report.	Feedback considered in development of final drafts.	City Strategy

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
17 February	Councillor Induction Session	Introduction to requirements; summary of process; draft plan.	Guidance incorporated into draft plans.	City Strategy
7 March	Councillor Workshop	Discussion on draft plan.	Guidance incorporated into draft plans.	City Strategy
22 March	Cr Siviero	Discussion on draft plan.	N/A	City Strategy
1 April	Councillor Strategy Day	Detailed discussion on draft plan.	Guidance incorporated into draft plans.	City Strategy
6 April	Cr Darley	Discussions on draft plan	N/A	City Strategy
13 April	Councillor Workshop	Detailed discussion on draft plan.	Guidance incorporated into draft plans.	City Strategy
1 June	Councillor Workshop	Discussions on draft plan.	Guidance incorporated into draft plans.	City Strategy
20 June (Scheduled at time of report)	Councillor Workshop	To discuss final drafts and exhibition feedback before endorsement.	TBC	City Strategy

LEGAL IMPLICATIONS FOR COUNCIL

15. There are none.

FINANCIAL IMPLICATIONS FOR COUNCIL

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

17. 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	N/A	N/A	N/A	N/A

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

Dayne Glinkowski

Corporate Strategy Manager

Nicole Carnegie

Group Manager, City Strategy

John Angilley

Chief Financial and Information Officer

Brett Newman

Chief Executive Officer

Attachments:

1 ⇩	Final Draft CSP	35 Pages
2 ⇩	Proposed Changes to CSP Post-Exhibition	1 Page
3 ⇩	Your Voice. Your Vision. Your Ideas. Your Parramatta 2021 Engagement Evaluation and Key Insights Report	15 Pages
4 ⇩	Public Exhibition 2022 - Engagement Outcomes and Summary of Submissions	37 Pages

REFERENCE MATERIAL

Council 27 June 2022 Item 13.9

FOR COUNCIL DECISION

ITEM NUMBER 13.9

SUBJECT Minutes of the Parramatta Traffic Committee meeting held on 25 May 2022

REFERENCE F2021/00521 - D08386235

REPORT OF Traffic and Transport Manager

CSP THEME: ACCESSIBLE

workshop/briefing date: Nil

PURPOSE:

The purpose of this report is to provide Council with the Minutes of the Parramatta Traffic Committee meeting held on 25 May 2022 and seek Council approval for the recommendation of the Committee.

RECOMMENDATION

(a) That Council note the minutes of the Parramatta Traffic Committee held on 25 May 2022, provided at Attachment 1.

(b) Further, that Council approve the recommendations of the Parramatta Traffic Committee held on 25 May 2022 provided at Attachment 1 and in this report, noting the following financial implications for each item.

I. ITEM 2205 A1 Park Parade, Parramatta – Proposed part time ‘No Right Turn 7am-10am Monday to Friday’ restriction into Parramatta Aquatic Centre

The proposed part time ‘No Right Turn’ restriction and all associated works are to be funded as part of the new Parramatta Aquatic Centre

II. ITEM 2205 A2 Park Parade, Parramatta – Proposed Pedestrian Refuge Island with Footpath Widening and Pedestrian Fence in Park Parade, Parramatta

The estimated cost for constructing a new pedestrian refuge island with kerb and gutter re-alignment, lighting, and required drainage upgrade in Park Parade at the pedestrian tunnel is $500,000. This project has received funding of $37,500 from Council’s Active Transport Program (through the Development Contributions Fund) to undertake detailed design in 2021/22. There is currently no funding available for construction of this project. Consideration will be given to fund construction of this project in 2022/23. Possible sources of funding could be through NSW Government’s Active Transport Program or Council’s Pedestrian and Traffic Program in 2022/23 (sourced from the Development Contributions Plan).

III. ITEM 2205 A3 Granville, Harris Park, North Parramatta, Parramatta and Wentworth Point - Proposed Car Share Parking Spaces

According to 2021/22 Fees and Charges schedule, an initial application fee of $408.91 and annual renewal application fee of $163.77 will apply for the installation of each dedicated car share parking spaces in the Parramatta LGA outside the Parramatta CBD Core. These fees include the costs of installation, maintenance and removal of car share spaces.

IV. ITEM 2205 A4 Rembrandt Street, Carlingford – Replace the existing non-compliant pedestrian island with a raised pedestrian crossing

That this item be deferred to the next meeting for further consultation with Transport for NSW.

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, 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 RMS 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 25 May 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 2205 A1 – PARK PARADE, PARRAMATTA – PROPOSED PART TIME ‘NO RIGHT TURN 7AM-10AM MONDAY TO FRIDAY’ RESTRICTION INTO PARRAMATTA AQUATIC CENTRE

1. That a ‘No Right Turn 7am-10am Monday to Friday’ restriction be installed at the driveway into the new Parramatta Aquatic Centre facing eastbound motorists on Park Parade, Parramatta as shown in the concept plan attached to this report.

2. That recommendation 1 is subject to the detailed design being approved by Transport for New South Wales (TfNSW) prior to the commencement of construction.

Unanimous support

ITEM 2205 A2 – PROPOSED PEDESTRIAN REFUGE ISLAND WITH FOOTPATH WIDENING AND PEDESTRIAN FENCE IN PARK PARADE, PARRAMATTA

1. That Council approves the construction of a new pedestrian refuge island with associated signs, pavement markings, pedestrian fence, footpath widening, road widening and drainage works in Park Parade, Parramatta at the pedestrian tunnel (under the railway line near Domain Creek) to Parramatta Park as shown in Figure 2 of this report.

2. That Council approves the removal of the existing pedestrian refuge island located in Park Parade, Parramatta 80m west of the pedestrian tunnel as shown in Figure 2 of the report.

3. That detailed design plans for the pedestrian refuge in Park Parade, Parramatta as referred to in recommendations 1 and 2 above be submitted to Transport for NSW (TfNSW) for approval prior to commencement of construction.

4. That recommendations 1 and 2 above are to be undertaken as part of one project and subject to available funding.

Unanimous support

ITEM 2205 A3 – GRANVILLE, HARRIS PARK, NORTH PARRAMATTA, PARRAMATTA AND WENTWORTH POINT - PROPOSED CAR SHARE PARKING SPACES

1. That the two (2) GoGet car share spaces proposed in the below locations be deferred to the next meeting to provide further details on the consultation undertaken:

i. North side of Bennelong Parkway east of The Piazza, Wentworth Point

ii. South side of Burroway Road west of Waterways Street, Wentworth Point

2. That six (6) GoGet car share spaces be installed in Granville, Harris Park, North Parramatta, Parramatta and Wentworth Point as detailed below:

i. South side of East Street east of Bridge Street, Granville

ii. South side of Cowper Street east of Bold Street, Granville

iii. North side of Una Street east of Wigram Street, Harris Park

iv. North side of Isabella Street west of Buller Street, North Parramatta

v. North side of Early Street east of Marsden Street, Parramatta

vi. East side of Hill Road north of Stromboli Strait, Wentworth Point

3. That a review of the usage of each individual car share space be carried out as part of the annual renewal of the car share spaces.

Unanimous support

ITEM 2205 A4 – REMBRANDT STREET, CARLINGFORD – REPLACE THE EXISTING NON-COMPLIANT PEDESTRIAN ISLAND WITH A RAISED PEDESTRIAN CROSSING

That this item be deferred to the next meeting for further consultation with Transport for NSW.

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
2205 A1	The proposed part time ‘No Right Turn’ restriction and all associated works are to be funded as part of the new Parramatta Aquatic Centre.
2205 A2	The estimated cost for constructing a new pedestrian refuge island with kerb and gutter re-alignment, lighting, and required drainage upgrade in Park Parade at the pedestrian tunnel is $500,000. This project has received funding of $37,500 from Council’s Active Transport Program (through the Development Contributions Fund) to undertake detailed design in 2021/22. There is currently no funding available for construction of this project. Consideration will be given to fund construction of this project in 2022/23. Possible sources of funding could be through NSW Government’s Active Transport Program or Council’s Pedestrian and Traffic Program in 2022/23 (sourced from the Development Contributions Plan).
2205 A3	According to 2021/22 Fees and Charges schedule, an initial application fee of $408.91 and annual renewal application fee of $163.77 will apply for the installation of each dedicated car share parking spaces in the Parramatta LGA outside the Parramatta CBD Core. These fees include the costs of installation, maintenance and removal of car share spaces. Based on the installation of 6 dedicated car share parking space, a total application fee of $2,453.46 is to be paid for by the applicant. Thereafter, an annual renewal application fee of $982.62 would apply to keep these dedicated car share parking spaces. This annual fee may increase subject to Council’s fees and charges.
2205 A4	This item was deferred to the next meeting for further consultation with Transport for NSW.

9. If Council resolves to approve this report in accordance with the recommendation, there are no overall financial impacts on the budget in regards to capital expenditure as projects are either funded or the recommendation for approval is subject to funding being available (with funding approval via a separate process). However, there are operating costs and depreciation associated with the projects. These costs are provided for within existing budgets.

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

	FY 21/22	FY 22/23	FY 23/24	FY 24/25
Revenue
Internal Revenue	-$2,453.46	-$982.62	-$982.62	-$982.62
External Revenue
Total Revenue	-$2,453.46	-$982.62	-$982.62	-$982.62

Funding Source		Car Share Fees	Car Share Fees	Car Share Fees

Operating Result
External Costs
Internal Costs		$240 (maintenance)	$240 (maintenance)	$240 (maintenance)
Depreciation
Other
Total Operating Result		$240	$240	$240

Funding Source

CAPEX
CAPEX
External
Internal	$2400
Other
Total CAPEX	$2400

Funding Source	Car Share Application Fees

Richard Searle

Traffic and Transport Manager

Mark Leotta

Group Manager - Development and Traffic Services

Jennifer Concato

Executive Director City Planning and Design

John Angilley

Chief Financial and Informat

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.

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
6 May 2022	Risk & Audit Manager and Executive Director Corporate Services	No comment	Referred draft minutes to ARIC Chair	Risk & Audit / Corporate Services Coordinator Internal Audit
16 May 2022	Chairperson of ARIC	Approved	Forwarded approved final draft to ARIC members.	Risk & Audit / Corporate Services Coordinator Internal Audit
19 May 2022	Audit, Risk and Improvement Committee (ARIC)	No feedback received from committee members.	Chairperson approved minutes accepted as final.	Risk & Audit / Corporate Services Coordinator Internal Audit

Member	Membership Valid to
Gavin Zimmerle	1 September 2024
Charles Fortin	1 August 2022
David Risbey	1 November 2024

Item No.
2205 B1	There is no financial implication to Council as a result of this recommendation.
2205 B2	There is no financial implication to Council as a result of this recommendation.
2205 B3	There is no financial implication to Council as a result of this recommendation.
2205 B4	There is no financial implication to Council as a result of this recommendation.

1 ⇩	Investment and Loans Performance Graph May 2022	1 Page
2 ⇩	Imperium Comprehensive Investment Report - May 22	34 Pages
3 ⇩	List of Council Investments by maturity May 2022	7 Pages

1 ⇩	TEAG 2205 Approved Minutes for the Traffic Engineering Advisory Group meeting held on 25 May 2022	4 Pages
2 ⇩	TEAG_2205_Agenda for the Traffic Engineering Advisory Group meeting held on 25 May 2022	157 Pages
3 ⇩	TEAG 2205 Attachment 3 Consultation and ~ Engineering Advisory Group meeting held on 25 May 2022	4 Pages


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