Minutes of Council - Monday, 27 March 2023

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 27 March 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, 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 6:48PM.

Note: Councillors Noack and MacLean joined the meeting at 6:49pm.

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 except for the confidential part of the meeting and streamed live on the internet. The recording will also be archived, except for the confidential part of the meeting, 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

4225	RESOLVED(Noack/Maclean) That the request to attend the Ordinary Meeting of Council dated 27 March 2023 via remote means submitted by Councillor Wearne and Councillor Bradley due to personal reasons be accepted.

6. CONFIRMATION OF MINUTES

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

4226

RESOLVED (Noack/Esber)

That the minutes be taken as read and be accepted as a true record of the meeting with an amendment to include the Question on Notice taken on the 13 March 2023 Council meeting and included in this meetings Supplementary Agenda B.

Note: Councillor Esber left the Chamber at 7:02pm during the consideration of the Confirmation of Minutes.

Note: A Question was taken on notice on the Petition submitted at the 13 March 2023 Council meeting.

7. DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

8. Minutes of the Lord Mayor

8.1

SUBJECT Ramadan 2023

REFERENCE F2021/02779 - D08921421

REPORT OF Lord Mayor, Councillor Donna Davis

4227

RESOLVED (Davis/)

(a) That Council recognise Ramadan and Eid celebrations across the City of Parramatta from 23 March to 21 April 2023; and

(b) Further that Council staff consider including Ramadan banners in the 2023/24 marketing budget to support Ramadan celebrations across the City in 2024.

9. Public Forum

9.1

SUBJECT PUBLIC FORUM 1: DEFERRED ITEM: Item 13.4 Boundary Adjustment between Harris Park & Parramatta

REFERENCE F2022/03176 - D08922534

FROM Adam Byrnes

Mayor and Councillors

We seek your endorsement of commencing a process to enact a suburb boundary adjustment. The process then moves to the Geographical Names Board to review further.

This is a common sense request. The Parramatta CBD has clear boundaries at the south-eastern corner. It is Harris Street with Robin Thomas Reserve to the east. And it is Parkes Street, where towers are permitted and under construction on the north side of Parkes Street, and then the lower form of development and heritage conservation area of Harris Park on the south side of Parkes Street.

The current boundary between Parramatta and Harris Park suburbs does not follow this logic.

This boundary is:

• Not logically recognised by the community

• Is extremely irregular

• Splits lots (there is one property in two suburbs)

• Not consistent with what the Geographic Names Board sets out as preferred suburb boundary conditions

Our client has sent through to you separately more detailed arguments for the relocation of the boundary, addressing the requirements of the Geographic Names Board.

In addition to those technical arguments, I submit to you the Councillors that there is a logic at play that seeks to align the suburb boundaries with the common understanding of the members of the community. This is a practical request that in our view would reduce confusion in the community. This proposal affects 19 landowners. Our client has been successful in speaking to 13 of these landowners so far. All 13 are in agreement.

You are not being asked to make the final decision on this matter, but to allow it to be considered by the Geographic Names Board. We would appreciate your resolution to permit with this investigation.

STAFF RESPONSE

Nil

Note: Councillor Esber returned to the Chamber at 7:10pm during the presentation of the Public Forum.

9.2

SUBJECT PUBLIC FORUM 2:FOR INFORMATION ONLY: DEFERRED ITEM: Item 13.4 Boundary Adjustment between Harris Park & Parramatta

REFERENCE F2022/03176 - D08908894

FROM David Hamilton

I would first like to note that I am here on behalf of and representing the owners and body corporations of 13 out of the 15 properties affected. We appreciate Council giving us the opportunity to provide further clarification on items in the Councils report, and to outline other items not mentioned in it.

We would like to note the following:

As per the GNB guidelines and correspondence with Council officer Jeffrey Chan in February 2021, it was said that community consultation will be required, and an ‘overwhelming majority’ needed to support the decision. Where applicable we have attended the strata meetings of each of the affected properties, consulted with the residents and received their approval and support.

The application made to Council in November 2022 includes all these letters. Extensive community consultation has been undertaken, as we have reached out all property owners affected by the change, the only property owners that we did not receive a response from were foreign overseas owners (in the case of 56 Station Street) or under administration for the case of 114-116 Harris Street.

It is evident that Harris Park is one of the smaller suburbs in the Parramatta LGA, however the reduction is less than 0.2% of the overall suburb size, and Harris Park would remain similarly sized to other suburbs like Camellia, Constitution Hill, Clyde, Beecroft and Wentworth Point.

The proposed suburb change is in line with a number of the GNB’s guidelines including:

Address locality boundaries shall follow clear and easily distinguishable lines such as rivers, railways, major road centrelines. Currently the boundary criss-crosses a range of individual lot boundaries with no distinguishable line. Our proposal is for it to have continued alignment along Parkes Street, being a main arterial road of the suburb. Suburb boundaries should be regularly reviewed especially in areas subject to urban development.

It should be noted that the suburb boundary realignment we propose would be consistent with the boundary for Parramatta CBD within the latest Parramatta City LEP. Address locality boundaries should be determined as early in the planning process as possible – which is why this has been timed to run alongside the recent Gazettal and activation of the CBD planning proposal.

Boundary Creep: GNB states “it is recognised that with changing demographics in various areas there will be ongoing need to redefine address locality boundaries to suit popular usage”. We would appreciate a fair and thorough review of the submission made by the applicant and the numerous letters of support from the local community.

Thank you

ACTING EXECUTIVE DIRECTOR PROPERTY & PLACE RESPONSE

I thank Mr Hamilton for his submission.

Mr Hamilton is correct in noting that the proposed suburb boundary realignment would be consistent with the boundary for Parramatta CBD within the latest Parramatta City LEP. However, Council’s CBD Planning Team advises that “The CBD Planning Proposal does not intend to, and cannot make changes to, suburb boundaries or names. The CBD Planning Proposal is only seeking to amend planning controls under Parramatta Local Environmental Plan 2011 in accordance with the Environmental Planning and Assessment Act 1979.”

Mr Hamilton is also correct in noting that Harris Park is one of the smaller suburbs in the Parramatta LGA, and that the proposed reduction is less than 0.2% of the overall suburb size.

However, staff research indicates that Harris Park at 65.1 hectares is one of the smallest localities in the City of Parramatta Local Government Area and is not similarly sized to the suburbs of Constitution Hill at 123.3 hectares, and Beecroft at 481.3 hectares. Both of those suburbs are larger than the Geographic Names Board preferred minimum 100ha area for a locality. Camellia at 74.2 hectares and Clyde at 68.1 hectares are under the GNB preferred minimum 100ha area for a locality but are slightly larger than Harris Park and Council does not propose to further reduce the size of those localities. Wentworth Point is currently 56.8 hectares but Council has endorsed a submission to the GNB to expand the size of the Wentworth Point locality to 68.4 hectares through a boundary adjustment, making Wentworth Point also larger than Harris Park.

The NSW Address Policy and User Manual (APUM) provides clear guidelines on when an amendment of a suburb boundary should be considered. Section AP3 states that:

“The need to amend an address locality boundary will arise when there are difficulties with the efficient delivery of services to an area, problems assigning addresses or further land development and construction of new roads.”

That section further states:

“The following criteria are relevant to any proposal to amend an existing address locality:

• The spread of urban development has resulted in an area becoming too large for one address locality

• A major new road, particularly a controlled access road, has divided a community, providing an opportunity to rename part to a new address locality.

• The address locality name is duplicated in New South Wales in one or more local government areas.”

It does not appear that the proposal meets the criteria for the need to amend a suburb boundary, nor does there appear to be an issue with the existing suburb boundary.

Further, Section 6.8 of the Principles of Address Locality Naming and Boundaries states that “submissions seeking changes to address locality boundaries for reasons of perceived status or financial benefit will not be supported.”

In addition, whilst the proposed boundary adjustment would reduce the footprint of the Harris Park locality by approximately 1000 square meters, the GNB Guidelines at 6.8.4. under ‘Boundary Definition’ state that “Address locality boundaries shall be of a reasonable size for practical purposes, such as including a shopping precinct or community school. Within urban areas an ideal size is around 500ha, with a preferred minimum area of 100ha.” The locality size of Harris Park at 65.1 hectares is already significantly less than the minimum locality size of 100 hectares provided by GNB.

Fundamentally, changing suburb boundaries is based on meeting addressing objectives. Providing an unambiguous address facilitates the delivery of services, in particular, the provision of emergency services. With that in mind it is important that the authoritative suburb is used to reduce any potential confusion. Section 6.8 of the Principles of Address Locality Naming and Boundaries also states “promotion or use of an unofficial, urban place or name other than the officially gazetted address locality name in an address (particularly in real estate marketing), is considered to be misleading or deceptive practice as defined under the Australian Competition and Consumer Act 2010.”

Based on multiple policy guidelines, and as noted in the Council report, the proposed change would reduce the size of an already small suburb where there is no evidence of service provision issues. In this instance, the change to the boundary is unlikely to be supported by the GNB Board, noting that the GNB Board is the ultimate decision-maker.

If Council was minded to progress this boundary adjustment irrespective of the aforementioned policy guidelines, Council would conduct the required consultation per GNB Guidelines. The GNB provides guidance for NSW Councils considering a boundary change request under ‘Address Localities’ stating “It is recommended that Local Government consult with the immediate community who directly utilise the addresses assigned to sites affected by a boundary change. This includes, but is not limited to, residents, ratepayers and businesses.” In addition, noting that the proposal would further reduce the locality of Harris Park, which is already well under the minimum locality size recommended by the GNB, community consultation should also include residents, ratepayers and businesses in Harris Park as an impacted stake-holder group per Council’s adopted Engagement Strategy.

10. Petitions

There were no petitions tabled at this meeting.

Matter of Urgency

RESOLVED (Prociv/)

That a procedural motion be granted to consider a matter of urgency in relation to congratulating Councillors for their participation in the NSW State Elections.

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

11. Rescission Motions

Nil

Procedural Motion

4228

RESOLVED (Esber/Noack)

That Items 12.1 and 12.2 be resolved enbloc.

12. Reports to Council - For Notation

12.1

SUBJECT Quarter Two Progress Report - Delivery Program and Operational Plan 2022/23

REFERENCE F2022/00105 - D08830753

REPORT OF Corporate Strategy Manager

4229

RESOLVED (Esber/Noack)

That Council receive and note the report.

12.2

SUBJECT Investment Report for February 2023

REFERENCE F2022/00105 - D08894020

REPORT OF Tax and Treasury Accountant

4230

RESOLVED (Esber/Noack)

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

13. Reports to Council - For Council Decision

13.1

SUBJECT Expression of Interest – Selection of members to Parramatta Light Rail Stage 2 Advisory Committee

REFERENCE F2022/01838 - D08886085

REPORT OF Project Interface Manager - Parramatta Light Rail

4231

RESOLVED (Noack/Siviero)

(a) That Council appoint the following additional persons as community representatives of the Parramatta Light Rail Stage 2 Advisory Committee:

i. Raj Sharma

ii. Lynda Calder

iii. Steven John Brown

iv. Jin Young Lee

(b) Further, that Council thanks all unsuccessful applicants who expressed interest in joining the Parramatta Light Rail Stage 2 Advisory Committee.

13.2	SUBJECT DEFERRED ITEM FROM OCM 13 MARCH 2023 Boundary Adjustment between Harris Park & Parramatta REFERENCE F2022/03176 - D08904441 REPORT OF Senior Project Officer Place Services
	Motion (Garrard/Esber) That the matter be deferred to a Councillor workshop for further consideration for Councillors and applicants to work with Council Officers.
	Amendment (Maclean/Prociv) (a) That Council refuse the request from the developers of ‘Parkes 88’ at 14-20 Parkes Street, Harris Park (ALAND Development) for Council to commence the boundary adjustment process to realign the suburb boundary between Parramatta and Harris Park to include properties north of Parkes Street, Harris Park. (b) Further, that ALAND Development be notified of Council’s decision. The Amendment moved by Councillor MacLean and seconded by Councillor Prociv on being put was LOST. The Motion moved by Councillor Garrard and seconded by Councillor Esber on being put was CARRIED.
4232	RESOLVED (Garrard/Esber) That the matter be deferred to a Councillor workshop for further consideration for Councillors and applicants to work with Council Officers.

14. Notices of Motion

14.1

SUBJECT DEFERRED ITEM FROM OCM 13 MARCH 2023: Notice of Motion: Relocation of Rhodes Fire Station

REFERENCE F2022/03176 - D08904547

FROM Councillor Dr Patricia Prociv

4233

RESOLVED (Prociv/Noack)

(a) That Council advocate for a local solution to the proposed closure of Rhodes Fire Station and Council advocate for additional funding to undertake fire safety audits of buildings effected by defective cladding in residential and commercial buildings within Wentworth Point.

(b) That Council Write to the NSW Premier, NSW Leader of the Opposition, the Minister for Emergency Services, The Shadow Minister for Emergency Services , and The Member for the Parramatta, opposing any current or future proposal to temporarily or permanently relocate the Rhodes Fire Station outside the Rhodes/Wentworth Point suburbs.

(d) That Council notes there is no certainty that it will continue to be located in Rhodes or nearby, and this uncertainty is creating great concern in our local community.

(e) Further, that Council further notes Wentworth Point is on a Peninsula and has one congested road in and out, Hill Rd, and The Rhodes Fire Station is able to access Wentworth Point is the Bennelong Bridge.

Note: The Lord Mayor left the chamber at 8.01pm and the Deputy Lord Mayor assumed the position of the chairperson.

14.2

SUBJECT NOTICE OF MOTION: Installation of Electronic Vehicle (EV) chargers within the LGA

REFERENCE F2022/03176 - D08893941

FROM Councillor Pierre Esber

4234

RESOLVED (Esber/Humphries)

That the matter be deferred to be considered at Council’s June 2023 meeting.

14.3

SUBJECT NOTICE OF MOTION: Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point

REFERENCE F2022/03176 - D08906302

FROM Councillor Paul Noack

4235

RESOLVED (Noack/Siviero)

That staff is to explore the options of an early delivery of the pedestrian crossing and bring this Item back to Council with a report within four weeks’ time.

Note: Questions were taken on notice for this Item.

Lord Mayor returned to the chamber at 8:18pm and resumed the position of the chairperson.

14.4

SUBJECT NOTICE OF MOTION: Damaged Stormwater Drains/Pits

REFERENCE F2022/03176 - D08897046

FROM Councillor Kellie Darley

4236

RESOLVED (Darley/Prociv)

That Council move this Item to the Agenda section on Question With Notice in the next Council Meeting and provide a staff response.

14.5

SUBJECT NOTICE OF MOTION: LATE REPORT: Concern for State Heritage Listed Broughton House, Parramatta

REFERENCE F2022/03176 - D08921109

FROM Councillor Kellie Darley

4237

RESOLVED (Darley/Prociv)

(a) That Council continue to investigate the repair of the fence at Broughton House, and continue to follow up with Heritage NSW regarding the condition of Broughton House.

(b) Further, that a report be brought back to Council in four weeks’ time

15. Questions with Notice

15.1

SUBJECT LATE REPORT: Questions Taken on Notice -13 March 2023 Council Meeting

REFERENCE F2022/03176 - D08921061

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

Climate Fund

During discussion of the Agenda Item 13.5 2023 ALGA National General Assembly - Motions, Councillor Bradley asked the following question:

It relates to a request from the Australian Local Government Association President, Linda Scott, who has requested that councils consider that a motion asking the Federal Government to deliver the climate fund of $200m to support local governments in responding to climate change. It is across Australia and not a big sum when you divide by the number of councils but if we were to support that motion, if it has not already gone forward by other councils, I would ask if we have that opportunity to add that. I am supporting that current proposal but I just ask if we might need to consider a second one

Executive Director Finance & Information

There has been no Notice of Motion from the floor to write to the Federal Government in relation to the $200m on climate fund set aside for local governments. Staff will write to the Federal Government on the matter once there is a Notice of Motion and resolution of Council.

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.

Note: Councillors Darley and Prociv left the Chamber at 8:46pm before the Closed Session.

16. CLOSED SESSION

4238

RESOLVED (Noack/Esber)

That members of the press and public be excluded from the meetingof 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 7A Park Parade, Parramatta - Parramatta Aquatic Centre Cafe - Outcome of Expression of Interest. (D08828446) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.2 Charles Street Square - Design Services Contract Contingency. (D08881528) - 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.

16.3 LATE REPORT: Technology One - One Council. (D08912932) - 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.

16.1

SUBJECT 7A Park Parade, Parramatta - Parramatta Aquatic Centre Cafe - Outcome of Expression of Interest

REFERENCE F2022/00105 - D08828446

REPORT OF Space Management Officer

4239

RESOLVED (Noack/Maclean)

(a) That Council acknowledge the submissions received and subsequent Outcome Report following the conclusion of the Expressions of Interest for part of 7A Park Parade, Parramatta, known as the Parramatta Aquatic Centre Café (’Cafe’).

(b) That Council offer a lease for the Cafe to the Preferred Applicant on the terms outlined in this report.

(c) That should the Preferred Applicant not proceed, The Chief Executive Officer be delegated to negotiate with other Applicants on terms similar to those outlined in paragraph 7 of this report.

(d) Further, that delegation be given to the Chief Executive Officer to negotiate final terms and sign all documentation associated with this matter.

Note: Councillors Darley and Prociv returned to the Chamber at 8:49pm during the consideration of Item 16.1.

16.2

SUBJECT Charles Street Square - Design Services Contract Contingency

REFERENCE F2019/02851 - D08881528

REPORT OF Team Leader Infrastructure Design

4240

RESOLVED (Prociv/Esber)

(a) That an additional sum of $265,035.50, drawn from the approved project budget, for the Design Head Consultant, Spackman Mossop Michaels is approved.

(b) Further, that the Acting Chief Executive Officer be given delegated authority to approve expenditure of the additional sum in accordance with the existing contract terms and project management framework of the organisation.

Note:

1. Councillor Noack left the chamber at 8:52pm and returned at 8:55pm during the consideration of Item 16.2.

2. Councillor Esber left the chamber at 8.51pm and returned to the chamber at 8:54pm during the consideration of Item 16.2.

3. Councillor Maclean left the chamber at 8:58pm and returned at 9:03pm during the consideration of Item 16.2.

4. Councillor Wearne who was attending the meeting online left the meeting at 9.06pm due to technical difficulties.

Note: Questions were taken on notice for this Item.

16.3

SUBJECT LATE REPORT: Technology One - One Council

REFERENCE F2023/00276 - D08912932

REPORT OF Chief Technology Officer

4241

RESOLVED (Esber/Darley)

(a) That Council approve entering a 10-year contract with Technology One Ltd to the value outlined in paragraph 11 of this report, for their “OneCouncil” Software as a Service Solution, including annual CPI indexing over the life of the contract.

(b) That Council approve a project budget per paragraph 18 of this report for the associated implementation and configuration costs of the project.

(d) Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documentation.

Procedural Motion

4242

RESOLVED (Maclean/Esber)

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 16.3.

18. CONCLUSION OF MEETING

The meeting terminated at 9:24pm.

THIS PAGE AND THE PRECEDING 12 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON Monday, 27 March 2023 AND CONFIRMED ON Tuesday, 11 April 2023.

Chairperson