Agenda of Council - Tuesday, 11 April 2023

MINUTES OF THE Extraordinary Council Meeting of City of Parramatta Council HELD IN THE CLOISTER FUNCTION ROOMS, ST PATRICK’S CATHEDRAL 1 MARIST PLACE, PARRAMATTA ON Monday, 27 March 2023 AT 5:30PM

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 5:58PM.

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

Resolved

4222

RESOLVED (Noack/Maclean)

That the request to attend the Extraordinary Meeting of Council dated 27 March 2023 via remote means submitted by Councillor Wearne and Councillor Bradley due to personal reasons be accepted.

6. DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

7. CLOSED SESSION

4223

RESOLVED (Pandey/Esber)

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:-

1 RESCISSION MOTION: Matter of Urgency - Employment Matter. (D08916033) - This report is confidential in accordance with section 10A (2) (a) (d) of the Local Government Act 1993 as the report contains personnel matters concerning particular individuals; 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.

7.1

SUBJECT RESCISSION MOTION: Matter of Urgency - Employment Matter

REFERENCE F2023/00276 - D08916033

REPORT OF Councillor Michelle Garrard

MOVED (Garrard/Valjack)

That the resolution of the Council held on 13 March 2023 in relation to Matter of Urgency – Employment Matter, namely:

(a) That Council provide the preferred candidate, as identified by the CEO Selection Panel in the confidential attachment distributed at the meeting, with a formal offer of appointment, together with a standard form contract for the role of General Manager to be known as the Chief Executive Officer.

(b) That Council note the CEO Selection Panel has recommended that the term of the employment contract be four (4) years.

(c) That Council delegates to the Lord Mayor all the necessary authority to finalise the appointment of the Chief Executive Officer.

(d) That the identity of the preferred candidate remain confidential until an appropriate time when an announcement can be made following finalisation of the employment contract. (e) Further, that Council offers thanks to all applicants, particularly those who have participated in the assessment process with the CEO Selection Panel. be and is hereby rescinded.

(e) In the event that the rescission motion is successful, the following motion is proposed:

That Council consider the confidential Employment Matter Report and attachment distributed at the 13 March 2023 Council Meeting.

4224

RESOLVED (Lord Mayor Donna Davis)

The Lord Mayor ruled that the motion is unlawful under clause 10.6 of the Code of Meeting Practice because the employment contract has been executed and implementation of the motion if adopted would put the Council in breach of contract.

Note: The Lord Mayor invited Mr Ross Nassif, Manager Workplace Relations at Local Government NSW to attend the meeting to provide answers to questions the Councillors may have on the employment contract.

Procedural Motion

4225

RESOLVED (Esber/Maclean)

That the meeting resume into Open Session.

8. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Lord Mayor read out the resolution for the item in closed session.

9. CONCLUSION OF MEETING

The meeting terminated at 6:28 pm.

THIS PAGE AND THE PRECEDING 2 PAGES ARE THE MINUTES OF THE EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 27 March 2023 AND CONFIRMED ON TUESDAY, 11 April 2023 .

Chairperson

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

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, 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 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

5. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSENCE OR ATTENDANCE BY AUDIO-VISUAL LINK BY COUNCILLORS

4226	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

4227

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

4228

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

4229

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

4230

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

4231

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

4232

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.
4233	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

4234

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

4235

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

4236

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

4237

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

4238

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

4239

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

4240

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

4241

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

4242

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

4243

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

Chairperson

Council 11 April 2023 Item 13.1

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.1

SUBJECT Post-Exhibition: Housekeeping Amendment to City of Parramatta (Outside CBD) Development Contributions Plan 2021

REFERENCE F2022/00230 - D08817447

REPORT OF Team Leader Infrastructure Planning

CSP THEME: INNOVATIVE

workshop/briefing date: 7 December 2022

PURPOSE:

To report on the outcomes of the public exhibition of the draft Housekeeping Amendment to the City of Parramatta (Outside CBD) Development Contributions Plan 2021.

RECOMMENDATION

(a) That Council note the submissions (as summarised in Attachment 1) received in response to the exhibition of the Housekeeping Amendment to the City of Parramatta (Outside CBD) Development Contributions Plan 2021.

(b) That Council approves the changes proposed in the Housekeeping Amendment (as detailed in Attachment 2) which will be published as the City of Parramatta (Outside CBD) Development Contributions Plan 2021 (Amendment No. 1).

(c) 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 Housekeeping Amendment.

(d) That a copy of the amended Plan be published on the NSW Planning Portal.

(e) Further, that the submitters be notified of Council’s decision and be provided a copy of this report.

BACKGROUND

1. At its meeting of 12 December 2022, Council endorsed the draft Housekeeping Amendment to the City of Parramatta (Outside CBD) Development Contributions Plan 2021 for public exhibition as follows:

“(a) That Council endorses the “Draft City of Parramatta (Outside CBD) Development Contributions Plan 2021 (Amendment No. 1)” provided at Attachment 1 for public exhibition.

(b) That the draft Plan be publicly exhibited for a minimum period of 28 days.

(c) That Council delegates authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan making process.

(f) Further, that Council commences a broader review of the Works Program outlined in the Outside CBD Development Contributions Plan.”

2. The Housekeeping Amendment to the Outside CBD Development Contributions Plan seeks to address a limited number of issues that are substantively of an administrative nature, which will improve the usability of the Plan for the community, while also simplifying the administration of the Plan for Council officers when levying development contributions on new development.

3. The proposed changes include:

a. An amendment to the wording of the Plan to state that modifications to development applications will continue to be levied under the contributions plan in place at the time of the original determination, and not be subject to the requirements under the new Plan;

b. The introduction of a new residential fee category for ‘new allotments’, so that the landowner who benefits from the value uplift resulting from the subdivision of their land is subject to a development contribution, and not the future landowner;

c. Updating legislative references to ensure that exemptions to development contributions for “social housing”, “social housing providers”, and “affordable housing” are the same as those within the Environmental Planning & Assessment Act 1979 (EP&A Act), and the Housing State Environment Planning Policy (Housing SEPP);

d. Introduction of new worker occupancy rates for childcare facilities and indoor recreation facilities, to provide more transparency to industry and the community as to how Council will levy development contributions for these land uses; and

e. Minor corrections to the Plan that are of an administrative (non-policy) nature, including:

(i) References to Council’s Voluntary Planning Agreement Register;

(ii) Typographical amendments to reflect changes to numbering of sections in the EP&A Act and associated Regulation;

(iii) Updated guidance on the responsibility of private certifiers to receive written confirmation from Council that all development contributions owing have been paid, prior to issuing an occupation certificate;

(iv) Updated references to the role of the NSW Planning Portal as the means to submit development applications and complying development certificates;

(v) Updated references to co-living housing resulting from amendments to the Housing SEPP; and

(vi) Minor amendments to the process for crediting monetary contributions paid under previous consents for new consents, prior to Council considering a refund.

4. The Housekeeping Amendment was publicly exhibited for 28 days in accordance with Council’s statutory requirements, from 1 February to 28 February 2023. This included a public notice on Council’s website, the creation of a ‘Participate Parramatta’ page that provided both the exhibition documents and a web tool to directly provide submissions, and a social media campaign on Council’s public Facebook account, with a reach of approximately 16,500 followers. Physical copies of the exhibition materials were also provided for viewing across Council’s public library network.

5. During the exhibition period, Council received a total of five (5) submissions on the exhibited material. Of the submissions received, one (1) response supported the Housekeeping Amendment, and four (4) raised concerns that will be considered in a future review of the works program to the Plan, that review is scheduled to commence in the second half of 2023. A summary of the submissions and Council officer responses can be found in Attachment 1 to this report.

ISSUES

6. During the public exhibition period Council did not receive any submissions that were directly related to the housekeeping amendments being proposed to the Contributions Plan. These current amendments are of an administrative nature and make changes to how the plan is applied to certain development categories. The submissions received instead related more broadly to the provision of different infrastructure items throughout the LGA. This current amendment does not seek to make changes to the work program at this time.

7. However, in its original resolution of 12 December 2022 Council resolved “(d) Further, that Council commences a broader review of the Works Program outlined in the Outside CBD Development Contributions Plan.” In accordance with the resolution, the submissions received will be addressed as part of the wholistic review of the works program which is scheduled to commence in the second half of 2023. A detailed outline of all the submissions is provided at Attachment 1.

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
1/2/23 – 28/2/23	Public exhibition for community feedback	Refer to Attachment 1	Refer to Attachment 1	City Planning & Design

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
7 December 2022	Information briefing to Councillors	Councillors asked a number of questions at information briefing	Response to questions via Outcomes Report issued to Councillors December 2022	City Planning & Design

LEGAL IMPLICATIONS FOR COUNCIL

10. Section 215 of the Environmental Planning and Assessment Regulation 2021 allows for Council to amend or repeal a contributions plan. This Housekeeping Amendment (which if endorsed, will be finalised as Amendment No. 1 to the Plan) complies with Council’s statutory requirement under the EP&A Regulation.

FINANCIAL IMPLICATIONS FOR COUNCIL

11. There are no substantive financial implications for Council resulting from the introduction of the Housekeeping Amendment. The only changes that relate to financial considerations are the introduction of a new residential charge rate for “new allotments”, and the addition of new worker occupancy rates for childcare, and indoor recreation facilities. In these instances, the only change anticipated is when a development contribution is likely to be receipted. There are no outgoing costs to Council in making these changes.

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

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
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	N/A	N/A	N/A	N/A

Funding Source	N/A	N/A	N/A	N/A

CAPEX	N/A	N/A	N/A	N/A
CAPEX
External
Internal
Other
Total CAPEX	N/A	N/A	N/A	N/A

Diane Galea

Team Leader Infrastructure Planning

Anthony Newland

Group Manager Infrastructure Planning & Design

David Birds

A/Executive Director, City Planning & Design

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	Summary of Submissions	3 Pages
2 ⇩	Final Draft Plan for adoption	115 Pages

REFERENCE MATERIAL

Council 11 April 2023 Item 13.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT NOTE LATE REPORT: Delegations for Chief Executive Officer

REFERENCE F2022/03176 - D08929134

REPORT OF Governance Project Officer

CSP THEME:

workshop/briefing date:

PURPOSE:

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

RECOMMENDATION

To be provided in the Supplementary Agenda.

BACKGROUND

1. This provides any relevant background to the issue. For complex issues with a long history attach the background chronology in tabular format. It is neither necessary nor desirable to attach copies of all previous reports.

ISSUES/OPTIONS/CONSEQUENCES

2. Include here those issues that will help the reader make an informed decision. Supplement the facts with informed opinion. Wherever possible, be definite and avoid the use of conditional tenses such as ‘could’ or ‘may’. For example, ‘this will have adverse consequences…’, or ‘there is a strong possibility that this will result in…’ is preferred to ‘this could have adverse consequences…’.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
[Date of consultation]	[Name / Type of stakeholder]	[Summary of feedback from stakeholder (max. 50-100 word limit)]	[Council’s response to the feedback (max. 50-100 word limit)]	[Business Unit / Directorate / Staff responsible for consultation]

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
[Date of consultation]	[Name of Councillor / Ward Councillors]	[Summary of feedback from Councillor(s)]	[Council’s response to feedback]	[Business Unit / Directorate / Staff responsible for consultation]

LEGAL IMPLICATIONS FOR COUNCIL

5. Include any legal implications (if required) that have been considered in preparing this report to Council.

FINANCIAL IMPLICATIONS FOR COUNCIL

6. If Council resolves to approve this report in accordance with the proposed resolution, [PLEASE DELETE WHICHEVER IS APPLICABLE: there are no unbudgeted financial implications for Council’s budget OR the financial impact on the budget is set out in the table below].

7. The financial impacts to the budget, as set out in this section, will be included in the next Quarterly Budget Review for endorsement by Council.

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

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue

Funding Source

Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Imma Smith

Governance Project Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 11 April 2023 Item 13.3

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Draft Councillor and Staff Interaction Policy for Public Exhibition

REFERENCE F2022/00105 - D08663180

REPORT OF Policy Officer

CSP THEME: FAIR

workshop/briefing date: Policy Review Committee – 15 November 2022

Policy Review Committee – 6 December 2022

Councillor Workshop – 22 March 2023

PURPOSE:

To seek Council’s endorsement to place the draft Councillor and Staff Interaction Policy (Policy 222) on public exhibition.

RECOMMENDATION

(a) That the draft Councillor and Staff Interaction Policy be placed on public exhibition for a period of 28 days.

(b) That Council authorises the Chief Executive Officer to make any necessary editorial and content changes to the draft Councillor and Staff Interaction Policy for public exhibition to give effect to Council’s resolution.

BACKGROUND

1. Council’s existing Interaction Between Councillors and Staff Policy (Policy 222) was adopted by Council on 11 October 2021.

2. The Office of Local Government released an updated Model Councillor and Staff Interaction Policy in April 2022, which has prompted an early review of this Policy.

ISSUES/OPTIONS/CONSEQUENCES

3. The draft Policy as presented has been developed to ensure Council’s practices align with the Office of Local Government’s Model Councillor and Staff Interaction Policy, released in April 2022.

4. Before adopting the draft Policy, Council must place the document on public exhibition for a period of 28 days. This report is seeking Council’s approval to place the draft Councillor and Staff Interaction Policy on public exhibition. The submission period is likely to close in mid-May 2023.

5. Once submissions have closed a further report will be presented to Council incorporating any public comment at a meeting in June 2023 where Council will be required to adopt the final Policy. This document will become effective once it is adopted by Council.

CONSULTATION & TIMING

Stakeholder Consultation

6. The following stakeholders have been consulted and reviewed the draft Policy:

· Legal Services Unit,

· Leadership Team,

· Executive Team,

· Internal Ombudsman, and

· Councillors.

Time frame from exhibition to adoption of Policy:

· Council Meeting – 11 April 2023

o Council endorses the draft Policy for purposes of public exhibition.

· Public Exhibition – Exhibition dates approximately 12 April to 10 May 2023 (additional days will be added to the standard 28-day public exhibition period to accommodate public holidays)

· Council Meeting – June 2023

o Council adopts the draft Policy

LEGAL IMPLICATIONS FOR COUNCIL

7. The draft Policy was reviewed by Legal Services on 26 October 2022 and does not present any legal concerns.

FINANCIAL IMPLICATIONS FOR COUNCIL

8. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget associated with the exhibition and adoption of this draft Policy.

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source	N/A

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

Funding Source	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Melissa McIsaac

Policy Officer

Gwendolyn Hughes

Governance Manager

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	For Public Exhibition - Draft Councillor and Staff Interaction Policy 2023	13 Pages
2 ⇩	For Information - Councillor and Staff Interaction Policy Review 2022 - Summary of Proposed Changes	4 Pages
3 ⇩	For Information - Interactions Between Councillors and Staff Policy 2021 - Full Markup of Proposed Changes	25 Pages

REFERENCE MATERIAL

Council 11 April 2023 Item 13.4

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Draft Councillor Expenses and Facilities Policy for Public Exhibition

REFERENCE F2022/00105 - D08904249

REPORT OF Policy Officer

CSP THEME: FAIR

workshop/briefing date: Councillor Workshop – 22 March 2023

PURPOSE:

To seek Council’s endorsement to place the draft Councillor Expenses and Facilities Policy (Policy 217) on public exhibition.

RECOMMENDATION

(a) That the draft Councillor Expenses and Facilities Policy be placed on public exhibition for the prescribed period of 28 days.

(b) That Council authorises the Chief Executive Officer to make any necessary editorial and content changes to the draft Councillor Expenses and Facilities Policy for public exhibition to give effect to Council’s resolution.

(c) Further, that staff prepare a report to Council following the exhibition period to present a final draft Councillor Expenses and Facilities Policy for adoption.

BACKGROUND

1. Council’s existing Councillors’ Expenses and Facilities Policy (Policy 217) was adopted by Council on 22 November 2021.

2. Under section 252(1) of the Local Government Act 1993 (NSW), a council must adopt a Councillor expenses and facilities policy within 12 months of the declaration of the poll for the NSW Local Government elections. Council is therefore required to review and adopt a Councillor Expenses and Facilities Policy for the current term.

ISSUES/OPTIONS/CONSEQUENCES

3. Before adopting the draft Policy, pursuant to section 253 of the Local Government Act 1993 (NSW) Council must place the document on public exhibition for a period of 28 days. This report is seeking Council’s approval to place the draft Councillor Expenses and Facilities Policy on public exhibition. The submission period is likely to close in mid-May 2023.

4. Once submissions have closed a further report will be presented to Council incorporating any public comment at a meeting in June 2023 where Council will be required to adopt the final Policy. The document will become effective once it is adopted by Council.

CONSULTATION & TIMING

Stakeholder Consultation

5. The following stakeholders have been consulted and reviewed the draft Policy:

· Legal Services Unit,

· Finance,

· Executive Team,

· Internal Ombudsman, and

· Councillors.

Time frame from exhibition to adoption of Policy:

a. Council Meeting – 11 April 2023

i. Council endorses the draft Policy for purposes of public exhibition.

b. Public Exhibition – Exhibition dates approximately 12 April to 10 May 2023 (additional days will be added to the standard 28-day public exhibition period to accommodate public holidays)

c. Council Meeting – June 2023

i. Council adopts the draft Policy

LEGAL IMPLICATIONS FOR COUNCIL

6. The draft Policy was reviewed by Legal Services and does not present any legal concerns.

7. Council must now adopt a Councillor Expenses and Facilities Policy for the current Council term to ensure its compliance with the requirements of the Local Government Act 1993.

FINANCIAL IMPLICATIONS FOR COUNCIL

	FY 22/23	FY 23/24	FY 24/25	FY 25/26
Revenue
Internal Revenue
External Revenue
Total Revenue	Nil

Funding Source	N/A

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

Funding Source	N/A

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil

Melissa McIsaac

Policy Officer

Justin Mulder

Chief of Staff

John Angilley

Chief Financial and Information Officer

Bryan Hynes

Acting Chief Executive Officer

Attachments:

1 ⇩	For Public Exhibition - Draft Councillor Expenses and Facilities Policy 2023	32 Pages
2 ⇩	For Information - Councillor Expenses and Facilities Policy Review 2023 - Summary of Proposed Changes	9 Pages
3 ⇩	For Information - Councillors Expenses and Facilities Policy 2021 - Full Markup of Proposed Changes	27 Pages

REFERENCE MATERIAL

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.

Item	Subject	Councillor	Question
6	Confirmation of Minutes	Noack	What actions have been taken to the Petitions tabled by Councillor Noack in the past three or four meetings?
14.3	Notice of Motion: Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point.	Prociv	What are the processes that Council has to follow in order to deliver a pedestrian crossing?
14.3	Notice of Motion: Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point.	Garrard	Could staff approach the developer and ask for the following: · Could the developer start the works early? or, · Could the Council do the work for the developer and the developer cover the costs of the work?
16.2	Charles Street Square - Design Services Contract Contingency	Pandey	Is the project over 50% over budget? Staff will look at the details and provide the breakup of the contingency.
16.2	Charles Street Square - Design Services Contract Contingency	Siviero	Could staff provide some forward view of any significant variations that will come up after the current budget? Noting that there is still a quarter to go.