MINUTES OF THE Meeting
of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST
PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 10 October 2022 AT 6:30pm
PRESENT
The Lord Mayor, Councillor Donna Davis and Councillors Phil
Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange
Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dr Patricia Prociv, Dan
Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.
1. OPENING
MEETING
The Lord Mayor, Councillor Donna Davis, opened the meeting
at 6:34pm.
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. GENERAL
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. APOLOGIES
AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY
COUNCILLORS
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4009
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RESOLVED (Garrard/Wang)
That the request to attend the Ordinary meeting of Council
dated 10 October 2022 via remote means submitted by Councillor Wearne due to
personal reasons be accepted.
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6. CONFIRMATION OF MINUTES
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SUBJECT: Minutes
of the Council Meeting held on 26 September 2022
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4010
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RESOLVED (Noack/Green)
That the minutes of the Council meeting held on 26 September
2022 be received and noted, and that such minutes be confirmed as a true
record of the proceedings of that meeting.
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7. DISCLOSURES
OF INTEREST
Councillor Green declared a significant
non-pecuniary interest on Item 13.2 – Outcome of
Public Exhibition and impact of Department of Planning decisions on Draft
Parramatta City Centre DCP as being an owner of a property in the CBD 16
Macquarie St, Parramatta. He retired from the meeting prior to consideration of
the matter.
8. Minutes of the Lord Mayor
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8.1
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SUBJECT Congratulations
to the Parramatta Eels NRL and NRLW teams for their 2022 season
REFERENCE F2022/00105
- D08720172
REPORT OF Lord Mayor,
Councillor Donna Davis
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4011
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RESOLVED (Davis/Pandey)
(a) That Council congratulate the Parramatta Eels National Rugby
League (NRL) and NRL Women’s (NRLW) teams for their 2022 seasons;
(b) That the
Lord Mayor writes to the Co-Captains of the NRL and NRLW teams to
congratulate them on their 2022 season; and
(c) Further, that Council writes to the CEO of the Parramatta Eels to
congratulate them on their momentous season and wish them luck for 2023.
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8.2
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SUBJECT Release
of ‘‘Parramatta 2035: Vibrant, Sustainable, Global’ (the
Glover Review)
REFERENCE F2022/00105
- D08720185
REPORT OF Lord
Mayor, Councillor Donna Davis
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4012
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RESOLVED (Davis/Bradley)
(a) That Council notes the release of ‘Parramatta 2035: Vibrant, Sustainable, Global’ (the Glover Review), a report commissioned by the
NSW Government;
(b) That Council
notes the Review’s 12 recommendations covering strategic planning and
governance, planning and infrastructure priorities and liveability and
sustainability;
(c) That the Lord
Mayor writes to the NSW Premier Dominic Perrottet, urging the Government to
formally respond to the Review and prioritise local government engagement;
and
(d) Further, that staff consider the review and its findings as a resource
in the preparation of updates to Council’s key economic development,
culture and sustainability strategies.
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8.3
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SUBJECT 10th
Anniversary of the Tamil Arts and Culture Association
REFERENCE F2022/00105
- D08720271
REPORT OF Lord
Mayor, Councillor Donna Davis
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4013
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RESOLVED (Davis/Pandey)
(a) That Council notes that 24 October 2021 marked the 10th
Anniversary of the Tamil Arts and Culture
Association Inc (TACA); and
(b) Further, that Council writes to and congratulates the TACA on this
milestone, thanking the Association and its members for their contributions
to the City.
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9. Public Forum
Nil
10. Petitions
There were no petitions tabled at this meeting.
11. Rescission Motions
Nil
12. Reports to Council - For Notation
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12.1
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SUBJECT Annual
Returns for Designated Persons
REFERENCE F2022/00105
- D08675947
REPORT OF Council
Secretariat & Registers Officer
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4014
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RESOLVED (Esber/Maclean)
(a) That Council receives and notes the Disclosures of Interest
and Other Matters in Written Returns tabled at the meeting in accordance with
the requirements of Council’s Code of Conduct.
(b) Further,
that Council notes the Disclosures of Interest and Other Matters in
Written Returns will be included in the Register of Returns Disclosing
Interests in accordance with Section 440AAB of the Local Government Act
1993.
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12.2
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SUBJECT Referral
of Inspection Reports by Fire and Rescue NSW
REFERENCE F2022/00105
- D08670973
REPORT OF Team Leader
Building Compliance
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4015
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RESOLVED (Esber/Maclean)
(a) That Council
notes the inspection reports from Fire and Rescue NSW (FRNSW), pursuant to
Schedule 5, Part 8 of the Environmental Planning and Assessment Act 1979
(EP&A Act) as listed in this report.
(b) That Council
notes FRNSW are advised in due course of the ongoing actions taken by Council
officers to address concerns identified by FRNSW.
(c) That Council
notes the exercise of powers pursuant to Schedule 5, Part 8 (17) of the
EP&A Act, to give fire safety orders addressing the fire safety matters
to the buildings located at:
1. 239-243
Carlingford Road, Carlingford
2. Shop
305a, 5 Footbridge Boulevarde, Wentworth Point
3. 23-25
North Rocks Road, North Rocks
4. 23
Bennelong Parkway, Wentworth Point
5. 20-24
Kendall Street, Harris Park
6. 625
Church Street, Parramatta
7. 100
George Street, Parramatta
8. 109a
Wigram Street, Harris Park
9. 6-10
Charles Street, Parramatta
10. 1295
Church Street, Parramatta
11. 74
Church Street, Parramatta
12. 170
Caroline Chisholm Drive, Winston Hills
13. 11
Victoria Road, Parramatta
14. 2
Hassall Street, Parramatta
15. 330
Church Street, Parramatta
16. 135
George Street, Parramatta
17. 223
Wentworth Avenue, Pendle Hill
18. 5-11
Howard Street, Northmead
19. 35
Campbell Street, Parramatta
as outlined in this report and provide notice of this
determination to the Commissioner of FRNSW.
(d) That Council
notes the continuing investigations into matters that are currently ongoing,
and will where required, exercise its powers to give fire safety orders
addressing the fire safety matters raised by FRNSW.
(e) Further, that a
report be brought to Council at each quarter.
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13. Reports to Council - For Council Decision
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13.1
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SUBJECT Draft
Local Orders Policy for Public Exhibition
REFERENCE F2022/00105
- D08663041
REPORT OF Policy
Officer
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4016
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RESOLVED (Esber/Garrard)
(a) That
the draft Local Orders Policy be placed on public exhibition for the
prescribed period of 42 days.
(b) Further, that a
report be brought back to Council at the expiration of the public exhibition
process considering any submissions received and presenting a final draft
Local Orders Policy for adoption.
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Note: Having previously declared a conflict of interest
in Item 13.2 Councillor Green left the Chamber at 7:11pm prior to consideration
of the matter.
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13.2
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SUBJECT Outcome
of Public Exhibition and impact of Department of Planning decisions on Draft
Parramatta City Centre DCP
REFERENCE F2022/00105
- D08385515
REPORT OF Senior
Project Officer Land Use
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MOTION (Maclean/Darley)
(a) That Council notes the submissions (as
summarised in Attachment 2) received in response to the exhibition of
the Parramatta City Centre Development Control Plan (DCP) controls.
(b) That Council approves the DCP
controls at Attachments 4 and 5 including the amendments detailed in
this report and which are detailed in Attachment
6.
(c) Further,
that Council delegate authority
to the Chief Executive Officer to make any minor amendments and corrections
of a non-policy and administrative nature that may arise during the plan
finalisation process relating to the DCP controls.
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AMENDMENT (Garrard/Valjak)
(a) That Council notes the submissions (as
summarised in Attachment 2) received in response to the exhibition of
the Parramatta City Centre Development Control Plan (DCP) controls.
(b) That Council approves the DCP controls at Attachments 4 and 5
including the amendments detailed in this report in Attachment 6 subject to the endorsed DCP
being amended to remove any reference to an 18 metre tower separation (i.e.
building separation above street wall) requirement for commercial buildings
seeking unlimited FSR. Instead the tower separation in these cases should
remain at 12 metres as per the exhibited version of the DCP.
(c) Further,
that Council delegate authority
to the Chief Executive Officer to make any minor amendments and corrections
of a non-policy and administrative nature that may arise during the plan
finalisation process relating to the DCP controls.
The amendment moved by Councillor Garrard
and seconded by Councillor Valjak was put and declared LOST on the casting
vote of the Lord Mayor.
In accordance with section 375A of the Local Government
Act a Division of votes is recorded on this planning matter.
AYES: Councillors Esber, Garrard, Noack, Siviero, Valjak, Wang and
Wearne
NOES: Councillors Bradley, Darley, Davis, Humphries, Maclean, Pandey and
Prociv
The motion moved by Councillor MacLean and seconded by Councillor
Darley was put and declared CARRIED.
In accordance with section
375A of the Local Government Act a Division of votes is recorded on this
planning matter.
AYES: Councillors Bradley, Darley, Davis, Humphries, Maclean, Noack,
Pandey and Prociv
NOES: Councillors Esber, Garrard, Siviero, Valjak, Wang and Wearne
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4017
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RESOLVED (Maclean/Darley)
(a) That Council
notes the submissions (as summarised in Attachment 2) received in
response to the exhibition of the Parramatta City Centre Development Control
Plan (DCP) controls.
(b) That Council
approves the DCP controls at Attachments 4 and 5 including the
amendments detailed in this report and which
are detailed in Attachment 6.
(c) Further, that Council
delegate authority to the Chief Executive Officer to make any minor amendments
and corrections of a non-policy and administrative nature that may arise
during the plan finalisation process relating to the DCP controls.
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Note: Councillor Green returned to the Chamber at 7:40pm
after the consideration of Item 13.2.
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13.3
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SUBJECT Willow
Grove Relocation - correspondence to Create Infrastructure NSW regarding
shortlised sites
REFERENCE F2022/00105
- D08692053
REPORT OF Group
Manager City Design
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4018
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RESOLVED (Prociv/Darley)
That Council approves
the response at Attachment 1 and forward to Create Infrastructure NSW providing
feedback on the three shortlisted sites.
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13.4
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SUBJECT Refusal
of the Planning Proposal for land at 169 Pennant Hills Road, Carlingford
REFERENCE F2022/00105
- D08698332
REPORT OF Team
Leader Land Use Planning
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4019
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RESOLVED (Humphries/Valjak)
(a) That
Council refuse the Planning Proposal at 169 Pennant Hills Road, Carlingford
for the following reasons:
i. The Planning Proposal is
inconsistent with the Local Strategic Planning Statement as the site is not
within the identified Carlingford Growth Precinct and the form of development
proposed is incompatible with the low density character of the area.
ii. The Planning Proposal
is inconsistent with the Local Housing Strategy as intensification of
development along the Parramatta CBD to Epping Corridor is not required to
meet existing housing targets until beyond
2036.
iii. The Planning Proposal is
premature given that the investigation into the potential Epping to
Parramatta Mass Transit/Train Link has not yet commenced and the likely
timeframe for new housing delivery associated with this infrastructure is
post 2036.
iv. The
proposed density and heights would result in an overdevelopment of the site,
are inconsistent with the density and heights of nearby development, and are
overbearing of nearby lower scale development.
(b) Further, that the
applicant be advised of Council’s decision.
In accordance
with section 375A of the Local Government Act a Division of votes is recorded
on this planning matter.
AYES: Councillors Bradley, Darley, Davis, Esber, Garrard,
Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and
Wearne
NOES: Nil
CARRIED UNANIMOUSLY
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Note: Councillors Garrard and Esber left the Chamber at
7:43pm and returned to the Chamber at 7:44pm during the discussion of Item
13.4.
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Procedural Motion
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4020
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RESOLVED (Esber/Maclean)
That the meeting be adjourned for five (5) minutes.
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Note: The meeting was adjourned at 7:45pm.
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The meeting resumed at 7:57pm with the following
Councillors in attendance:
The Lord Mayor, Councillor Donna Davis and Councillors
Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange
Humphries, Cameron Maclean, Paul Noack, Sameer Pandey, Dan Siviero, Georgina
Valjak, Donna Wang and Lorraine Wearne.
14. Notices of Motion
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14.1
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SUBJECT OLG Model
Social Media Policy
REFERENCE F2022/00105
- D08715566
FROM Councillor Lorraine Wearne
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Note: Councillors Darley, Garrard and
Prociv returned to the Chamber at 8:02pm during the discussion of Item 14.1.
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4021
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Procedural Motion (Garrard/Siviero)
That the order of business be changed and this matter be
considered after Item 16.1 to enable debate in closed session.
The Procedural Motion
was put and carried.
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15. Questions with Notice
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15.1
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SUBJECT Questions
Taken on Notice - 26 September 2022 Council Meeting
REFERENCE F2022/00105
- D08703596
REPORT OF Governance
Manager
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1.
Paragraph 9.23 of Council’s
Code of Meeting Practice states:
“Where
a councillor or council employee to whom a question is put is unable to
respond to the question at the meeting at which it is put, they may take it
on notice and report the response to the next meeting of the Council.”
STAFF RESPONSE
Response to Urgent
Matter: Parramatta Eels Celebration
During
discussion on the Motion moved by Councillor Garrard, Councillor Garrard
asked the following question:
Provide
a list of prizes and quantity donated by the Leagues Club.
Executive
Director City Engagement & Experience:
Community Member Prizes:
· 1 x first prize of $250 Parramatta Leagues
Dining Voucher
·
5 x runner up prizes of
$150 Parramatta Leagues Dining Vouchers
City
of Parramatta Staff Prize:
·
$100 Kicks Bowling &
Arcade Voucher
Legal Status Report as at 31 August 2022
During
discussion on the Motion moved by Councillor Pander, Councillor Esber asked
the following question:
Refer
to Attachment 1, as the question related to a confidential matter under
section 10A(2) (d) of the Local Government Act.
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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.
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16. CLOSED
SESSION
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RESOLVED (Noack/Maclean)
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 10 Footbridge Boulevard,
Wentworth Point - Wentworth Point Library Cafe - Outcome of Second Expression
of Interest to Market. (D08657845) - 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.
14.1 OLG Model Social
Media Policy - This report is confidential in accordance with clause
14.3 of the Code of Meeting Practice as the discussion is necessary to
preserve the relevant confidentiality, privilege or security, and the matter
concerned is a matter other than a personnel matter concerning particular
individuals, Council is satisfied that discussion of the matter in an open
meeting would, on balance, be contrary to the public interest.
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16.1
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SUBJECT 10
Footbridge Boulevard, Wentworth Point - Wentworth Point Library Cafe -
Outcome of Second Expression of Interest to Market
REFERENCE F2018/00131
- D08657845
REPORT OF Space
Management Officer
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4022
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RESOLVED (Prociv/Noack)
(a) That Council
acknowledges the submission(s) received and subsequent Outcome Report following
the conclusion of the second Expression of Interest for 10 Footbridge Boulevard, Wentworth Point known as the Wentworth Point Library Cafe.
(b) Further, that the Chief
Executive Officer proceed with next steps outlined in paragraph 10 of this
report.
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Note: Councillor Darley retired from the meeting at
8:15pm.
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Procedural Motion
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4023
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RESOLVED (Garrard/Wearne)
That the meeting resume into open session.
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17. REPORTS OF
RESOLUTIONS PASSED IN CLOSED SESSION
The Chief Executive Officer read
out the resolutions for Items 16.1.
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14.1
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SUBJECT OLG Model
Social Media Policy
REFERENCE F2022/00105
- D08715566
FROM Councillor Lorraine Wearne
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4024
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RESOLVED (Wearne/Esber)
(a) That Council adopts
the attached draft Office of Local Government Model Social Media Policy
(draft Policy) with the following amendments:
a) 1.1 – City of Parramatta Council
b) 3.8 - 14 days
c) 3.14 - adopt
d) 3.15 a.28 days and b.14 days
e) 7.3 delete
(b) That Council provides
additional education to Councillors regarding best
practice social media principles.
(c) That Council delegate
to the Chief Executive Officer to amend the following sections:
a) 2.16
b) 2.21 annually
c) 2.22
d) Part 5
e) 6.1
f) Part 8
g) 9.1
to
options 1 or 2 of the draft Policy that are relevant to Council’s
‘official’ social media platforms.
(d) Further, that the adopted Policy be forwarded to the Policy Review
Committee for review and brought back to Council.
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Matter of Urgency
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4025
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RESOLVED (Davis/Humphries)
That a Procedural Motion be granted to allow consideration of
a matter of urgency in relation to the hospitality provided by St Patrick’s
Cathedral (hire of Cloister Function Room) since 2017.
The Lord Mayor ruled the matter
urgent.
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4026
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RESOLVED (Davis/Esber)
(a) That Council acknowledge the hospitality provided to City of
Parramatta, since Council commenced regular hire of the Cloister Function
Room in 2017.
(b) Further, that the Lord Mayor writes a letter of thanks to the Bishop
of St Patrick’s Cathedral and discuss opportunities to publicly
acknowledge the hire of the Cloister Function Room; for example, the offer of
a permanent plaque.
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18. CONCLUSION
OF MEETING
The meeting terminated at 9:37pm.
THIS PAGE AND THE PRECEDING 10
PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON Monday, 10
October 2022 AND CONFIRMED ON Monday, 31 October 2022.
Chairperson