Minutes of Council - Monday, 27 February 2023

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 27 February 2023 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

Procedural Motion

4179

RESOLVED (Garrard/Siviero)

That the request to attend the Ordinary Council Meeting dated 27 February 2023 via remote means submitted by Councillor Wearne due to personal reasons be accepted.

6. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 13 February 2023

4180

RESOLVED (Noack/Bradley)

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

7. DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Condolence Motion: Very Reverend Father Nicholas Tsouloukidis

REFERENCE F2021/02779 - D08883764

REPORT OF Lord Mayor, Councillor Donna Davis

4181

RESOLVED (Davis/Valjak)

(a) That Council acknowledge the passing of the Very Rev Fr Nicholas Tsouloukidis on Tuesday 21 February 2023;

(b) That a letter of condolence be sent from the Lord Mayor to Fr Nicholas’ family, the Greek Orthodox Archdiocese of Australia and the Hellenic Orthodox Community of Parramatta and Districts;

(c) That staff update the background to include more of the incredible story of Fr Nicholas’ life and contributions; and

(d) Further, that the Chamber hold a minute’s silence as a gesture of respect on Fr Nicholas’ passing and in recognition of his contributions to the Parramatta community.

Note

Council held a minute’s silence

8.2

SUBJECT International Women’s Day 2023

REFERENCE F2021/02779 - D08884319

REPORT OF Lord Mayor, Councillor Donna Davis

4182

RESOLVED (Davis/Garrard)

(a) That Council note International Women’s Day 2023 is taking place on Wednesday 8 March, and this year’s global United Nations Women theme is “Embrace Equity” acknowledging the aim for a world free of bias, stereotypes and discrimination. The day celebrates women's achievements whilst raising awareness about discrimination and progress towards gender parity.

(b) That Council note that to celebrate International Women’s Day in 2023, the City of Parramatta is running a series of events showcasing women’s leadership and influence in our community.

(c) Further, that Council note the ongoing work being undertaken by the City of Parramatta to promote gender equality and prevent domestic and family violence.

8.3

SUBJECT Holi Festival of Colours 2023

REFERENCE F2021/02779 - D08884369

REPORT OF Lord Mayor, Councillor Donna Davis

4183

RESOLVED (Davis/Pandey)

(a) That Council acknowledge the Holi Festival of Colours, an annual Hindu celebration held on 8 March 2023 marking the start of spring and new beginnings;

(b) Further, that Council extend our best wishes to those across our City celebrating the Holi festival with family and friends.

Note: Councillor Patricia Prociv left the meeting at 7:04PM.

Suspension of Standing Orders

4184

RESOLVED (Garrard/Siviero)

That an urgent motion in relation to the sporting facilities amenity audit for female players be heard.

Matter of Urgency

4185

RESOLVED (Garrard/Siviero)

That the Lord Mayor ruled the matter was urgent in accordance with clause 9.3 of the Council’s Code of Meeting Practice.

SUBJECT Sporting Facilities Amenity Audit - Female Friendly

FROM Councillor Michelle Garrard

4186

RESOLVED (Garrard/Valjak)

(a) That Council conduct an audit of the LGA’s sporting park amenity blocks, identifying whether they are adequate to accommodate female players and female and male players at the same time and the audit to include facilities for match officials as well.

(b) That a report be commissioned to Council identifying the outcomes of the audit within 3 months.

(d) Further, that the Policy Committee consider developing a policy relating to an equal access sporting amenities policy.

Note: Questions were taken on notice for this item.

Procedural Motion

4187

RESOLVED (Maclean/Esber)

That the request to attend the Ordinary Council Meeting dated 27 February 2023 via remote means submitted by Councillor Prociv due to technical challengers in the chamber be accepted.

Note: Councillor Patricia Prociv returned to the meeting via remote means at 7:26PM.

Resumption of Standing Orders

4188

RESOLVED (Esber/Noack)

That Council resume the Standing Orders.

9. Public Forum

There were no public forums submitted for this meeting.

10. Petitions

10.1

SUBJECT Mixed-Use Land on Burroway Road, Wentworth Point

FROM Paul Noack

A petition signed by the public was tabled at the Council Meeting

and reads:

We the undersigned call on Council to ensure the Mixed-Use Land on Burroway Road, Wentworth Point, currently owned by the NSW Government (Transport of NSW) be handed back to the local community and not be used for residential development, as

1. We need to ensure the promised Peninsula Park is 3.9 hectares, and the planned school oval is not included in this

2. Our community needs additional space for playing fields, sporting and recreational facilities, childcare facilities, a dog park, children’s playground etc.

3. Need to protect our precincts environment, in particular the coastal saltmarsh and Grey Mangrove ecology as well as migratory birds that utilise the bird sanctuaries of Haslams Creek and Parramatta River

We therefore call on Council to not allow the new application by Landcom, as this will be detrimental to the future planning of the growing Wentworth Point community.

We also call on Council to Lobby both the NSW Government and opposition to demand its vital land be handed back to the community, consistent with the previous unanimous decision by Council on this matter.

10.2

SUBJECT Oatlands Development - Benson Road

FROM Pierre Esber

A petition signed by the public was tabled at the Council Meeting

and reads:

Save Oatlands

Note: As a matter of practice, the petition will be referred to the relevant Council officer/s, and a copy of the petition distributed to all Councillors, upon receipt of the petition from the Councillor.

11. Rescission Motions

There were no recission motions tabled at this meeting.

12. Reports to Council - For Notation

12.1

SUBJECT Investment Report for January 2023

REFERENCE F2022/00105 - D08854124

REPORT OF Tax and Treasury Accountant

4189

RESOLVED (Esber/MacLean)

That Council receive and note the Investment Report for January 2023.

13. Reports to Council - For Council Decision

13.1

SUBJECT Quarterly Budget Review - December 2022

REFERENCE F2022/00105 - D08852334

REPORT OF Financial Planning and Analysis Manager

4190

RESOLVED (Wearne/Darley)

(a) That Council adopt the December 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 2022/23 financial year:

i) Net operating result (including capital) of $92.6m

ii) capital revenue of $84.4m

iii) capital expenditure of $242.1m.

13.2

SUBJECT Post Exhibition: Planning Proposal and Draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford

REFERENCE F2022/00105 - D08780776

APPLICANT/S Karimbla Construction Services (NSW) Pty Ltd

OWNERS Karimbla Properties (No. 61) Pty Ltd

REPORT OF Project Officer Land Use

4191

RESOLVED (Esber/Valjak)

(a) That Council receives and notes submissions (Table 4 of LPP report at Attachment 3) made during the public exhibition of the Planning Proposal and draft Planning Agreement for 263-273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford.

(b) That Council approve the Planning Proposal (Attachment 1) for land at 263 - 273 & 279R Pennant Hills Road and 18 Shirley Street, Carlingford for finalisation that seeks to amend the Parramatta (former The Hills) Local Environmental Plan 2012 to facilitate retail floor space, neighbourhood supermarket along with specialty retail, business and recreational uses in the R4 High Density Residential zoned part of the site through the following measures:

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, neighbourhood supermarket along with specialty retail, business, and recreational uses.

(c) That Council approve the Planning Agreement at Attachment 2 amended as referred to in this report and the Chief Executive Officer be authorised to sign/execute the Planning Agreement on behalf of Council which proposes:

i. A shared walking/cycling pathway through Council owned Shirley Street Reserve which forms part of the connection to the Carlingford Light Rail stop; and

ii. A raised pedestrian crossing accommodating cyclists and pedestrians on Shirley Street.

(d) That Council authorise the Chief Executive Officer to exercise the plan making delegations as granted by the Gateway Determination for this Planning Proposal.

(e) Further, that Council delegates 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 amendment process relating to the Planning Proposal and finalisation of the 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

ABSTAINED: Nil

CARRIED UNANIMOUSLY

13.3

SUBJECT Post Exhibition - Finalisation of the Riverside Theatre Planning Proposal following consideration of submissions received during the Public Exhibition Period

REFERENCE F2022/00105 - D08826680

REPORT OF Senior Project Officer

4192

RESOLVED (Maclean/Darley)

That Council notes that Item 13.3 has been superseded by Item 13.3A.

13.3A

SUBJECT LATE REPORT: Post Exhibition - Finalisation of the Riverside Theatre Planning Proposal following consideration of submissions received during the Public Exhibition Period

REFERENCE F2022/00105 - D08872657

REPORT OF Senior Project Officer

4193

RESOLVED (Maclean/Darley)

The Local Planning Panel (LPP) advice is consistent with Council Officers’ recommendation within Item 13.3 of the 27 February 2023 Council Business Paper relating to the outcome of the public exhibition of the Riverside Theatre Planning Proposal.

Recommendation (c) from Item 13.3 has been updated to reflect the LPP’s advice:

a) That Council note that a total number of 31 submissions were made in response to the public exhibition of the Planning Proposal which are summarised at Attachment 1.

b) That Council approve the Planning Proposal at Attachment 2 for the purposes of it being forwarded to the Department of Planning and Environment (DPE) for finalisation.

c) That Council note the LPP advice relating to the outcome of the public exhibition of the Planning Proposal from its meeting of 15 February 2023 that supported Council Officers’ recommendation contained in (a), (b) and (d).

d) Further, that Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan finalisation process, relating to the Planning Proposal.

In accordance with section 375A of the Local Government Act a Division of votes is recorded on this planning matter.

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

ABSTAINED: Nil

CARRIED UNANIMOUSLY

Note: A question was taken on notice for this item.

14. Notices of Motion

14.1

SUBJECT NOTICE OF MOTION: WestInvest Funding

REFERENCE F2022/00105 - D08868685

FROM Councillor Georgina Valjak

4194

RESOLVED (Valjak/Wang)

(a) That Council acknowledges the continued investment and support by the State Government in awarding $170 million from the WestInvest Community round and $29.7 million from the Local Government round to City of Parramatta which will be delivered regardless of the State election outcome.

(b) That Council note that the Westinvest funding follows over $4 billion invested by the State government over the past 12 years in infrastructure investment.

(c) That Council brings back a report to Council on the impact of the $199.7 million WestInvest funding to City of Parramatta.

(d) Further, that Council thanks all staff for their work in submitting high calibre business cases that contributed to the successful projects being awarded – this is an outstanding achievement for City of Parramatta Council which will be able to deliver these transformational projects across our LGA for our Community.

Note: Clr Darley left the Chamber at 7:52pm and returned at 7:54pm during consideration of Item 14.1.

14.2

SUBJECT NOTICE OF MOTION: Accelerated Infrastructure Funding

REFERENCE F2022/00105 - D08868775

FROM Councillor Georgina Valjak

4195

RESOLVED (Valjak/Garrard)

(a) That Council acknowledges the continued investment and support by the State Government in awarding six projects through the Accelerated Infrastructure Fund (AIF) – Round 3 at $27.54 million to the City of Parramatta Council.

(b) That Council brings back a report to Council on the impact of the $27.54 million AIF funding to City of Parramatta.

(c) Further, that Council thanks staff for their work in submitting high calibre business cases that contributed to the successful projects being awarded – this is an outstanding achievement for Council.

15. Questions with Notice

15.1

SUBJECT Questions Taken on Notice - 13 February 2023 Council Meeting

REFERENCE F2022/00105 - D08869828

REPORT OF Governance Manager

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

Item 13.8 - Administration of the City of Parramatta September 2024 Local Government Elections

During discussion on Item 13.8 - Administration of the City of Parramatta September 2024 Local Government Elections, Councillor Esber asked the following question:

By September this year, Council has to submit to the NSW Electoral Commission Council’s new boundaries. Will Council be able to make a submission of where the pre-poll would be?