MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Tuesday,  11 April 2023 AT 6:30PM

PRESENT

The Deputy Lord Mayor, Councillor Sameer Pandey and Councillors Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

1.      OPENING MEETING

The Deputy Lord Mayor, Councillor Sameer Pandey, opened the meeting at 6:36PM.

2.      ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Deputy 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 Deputy 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 Deputy 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 ANNOUNCEMENT

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.

Note: Councillor Bradley arrived at 6:37pm during the general recording of meeting announcement.

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

	Procedural Motion
4243	RESOLVED      (Maclean/Noack) That the apology received from Lord Mayor Councillor Donna Davis due to personal reasons be accepted and leave of absence granted.

6.      CONFIRMATION OF MINUTES

	SUBJECT:  Minutes of the Extraordinary Council Meeting held on 27  March 2023
4244	RESOLVED      (Noack/Siviero) That the minutes be taken as read and be accepted as a true record of the Extraordinary Council Meeting.

	SUBJECT:         Minutes of the Council Meeting held on 27 March 2023
4245	RESOLVED      (Noack/Bradley) That the minutes be taken as read and be accepted as a true record of the Council Meeting.

7.      DISCLOSURES OF INTEREST

There were no Declarations of Interest made at this meeting.

	Procedural Motion
4246	RESOLVED      (Noack/Garrard) That a Procedural Motion be granted to allow consideration of a matter of urgency in relation to the Parramatta District cricket club. The Deputy Lord Mayor ruled the matter urgent.

	Matter of Urgency
4247	RESOLVED      (Noack/Garrard) That council congratulate the Parramatta District cricket club as they are NSW Premier Cricket Champions for 2023 in both Men’s First Grade and Third Grades in an historic season now complete.

	Procedural Motion
4248	RESOLVED      (Noack/Siviero) That a Procedural Motion be granted to allow consideration of a matter of urgency in relation to Little India. The Deputy Lord Mayor ruled the matter urgent.

Note:

1. A question was taken on notice on this matter.

2. Staff to circulate a letter from the Geographic Name Board informing Council to cease using the name ‘Little India’ in marketing.

Matter of Urgency

4249

RESOLVED      (Noack/Siviero) (a) That Council notes that the precinct of Wigram Street, Marion Street and Station Street in Harris Park is known colloquially as the ‘Little India’ precinct. (b) That Council further supports the objective to make Little India in Harris Park a national and international destination. (c) That Council notes that on 6 February 2023, Council received an invitation from the Federal Department of Infrastructure, Transport, Regional Development, Communications, and the Arts to apply for $3.5M in Harris Park funding under the ‘Investing in Our Communities Program’ with a six-month period in which to submit the grant application. (d) That the A/CEO convenes a Councillor workshop to outline options, as well as associated timelines and processes, available to Council for developing an appropriate concept design inside the precinct and naming the precinct ‘Little India’ precinct. (e) Further, that Council invites Prime Minister Modi to visit Little India on his trip to Australia in May and commits to working with both the NSW State government and Australian Federal government on this important project.

	Procedural Motion
4250	RESOLVED      (Valjak/Humphries) That a Procedural Motion be granted to allow consideration of a matter of urgency in relation to Easter Celebrations. The Deputy Lord Mayor ruled the matter urgent.

	Matter of Urgency
4251	RESOLVED      (Valjak/Humphries) (a) That Council recognise Easter Celebrations that took place from Good Friday 7 April through to Easter Monday 10 April and further that Council recognize the Orthodox Easter Celebrations that are taking place from Good Friday 14 April through to Easter Sunday 16 April. (b) Further, that to also acknowledge sacred period of Passover.

Note: Questions were taken on notice for this item.

	Procedural Motion
4252	RESOLVED      (Wearne/Maclean) That a Procedural Motion be granted to allow consideration of a matter of urgency in relation to ANZAC Day. The Deputy Lord Mayor ruled the matter urgent.

Matter of Urgency

4253

RESOLVED      (Wearne/Maclean) That the Deputy Lord Mayor accept the Certificate of Appreciation from Royal Australia Regiment 8^th Battalion Long Hai Day Vietnam War. This certificate shows the Community’s appreciation and thank Councillor’s and Council staff. That Council accept the Certificate of Appreciation and acknowledge the staff and the efforts of the staff that are involved in making these events happen for the benefit of our Community.

8.      Minutes of the Lord Mayor

Nil

9.      Public Forum

Nil

10.    Petitions

10.1

SUBJECT          Harris Park Residents Petition to City of Parramatta on South Harris Park Waste Issue - Council Reference: SR580931 REFERENCE   D08939006 FROM                 Paul Noack

First, we would like Council to conduct a monthly collection of illegal dumping, especially along Allen St., the southern portion of Harris St., Bowden St, Brisbane St, the southern portion of Wigram St, and the southern portion of Good St., which have been neglected for a very long time. Any illegal dumping here was usually reported to Council's Regulatory team for actioning by some members of our community (these still unpaid part-time volunteers) and not by the Council's rangers (though they had a paid full-time position). Unfortunately, these rangers do not regularly patrol the streets looking for illegally dumped items. In addition, they were not equipped with technology to communicate with the Council's database on the ground to verify the current booking situation. The supervisor of the Council Regulatory team allows for a lengthy so-called "investigation process," but a proper investigation has rarely or never been successful because many properties are owned by the NSW state government and lower government officials refuse to prosecute higher state government - we were told by council staff. Although the council have been passive in encouraging people to report information about illegal dumping that could help bring prosecution or disciplined its rangers to do the proper job, it actually has been common for trash to be taken to residents' gardens by those rangers(!), damaging our plants, flowers and vegetation. The Group Manager (Waste and Cleansing), propagates and follows a "study" that supposedly states that "removing illegal dumping as soon as it occurs only encourages more of this behaviour to continue", however, sociology tells that is quite opposite. Furthermore, some of us (residents) have graduate master's degrees in sociology and social sciences and know that academic knowledge in sociology is critical to adequately address community problems. Sociologists known that sociological illiteracy of community leaders directs to more local crime and vandalism. This reportedly occurs for Parramatta and puts the area on the official list of most dangerous places to live among Greater Sydney suburbs with the highest possible insurance rates for cars and houses. We agree that many of our fellow residents in this culturally and demographically challenged migrant's suburb needs sustained litter and social public education. And, to stop this anti-social littering and vandalism behaviour, we cannot limit ourselves to the city government leaving the debris in place and sometime only communicating that the items will be investigated. This alone is not enough to send a message to our community that illegal dumping will not be tolerated, and investigations will be launched to identify and prosecute the culprits. Unfortunately, due to cultural differences, many of our fellow citizens do not understand that illegal dumping is materials placed on site, such as in a grass strip, without permission from the City Council. Waste Management Supervisor told us that allegedly the City Council has staff patrolling Harris Park up to 7 days a week. Their duties reportedly include identifying bulky waste dumped on the nature strip and forwarding it to their supervisor to determine if it is illegal dumping or a reported clean-up. But again, we residents and constituents have not been able to identify any positive or sufficient impact of it. She also informed us of the Illegal Dump Working Group that she is currently project managing that aims to reduce illegal dumping not only in Harris Park, but throughout the LGA. She also informed us of the Council Project Officer - Illegal Dumping who will soon begin work for a period of 12 months and will focus solely on reducing illegal dumping in all its forms throughout the LGA. Time will tell if this new officer was able and qualified to have a positive impact on our slum-like urban surrounding. So far, we do not have the impression that the city government is taking illegal dumping and massive littering seriously. On the contrary, we see that the Council tolerates it. In our view, the Council has not invested enough time and resources in finding long-term solutions to the problem. For example, the number of cleaners - field workers - has not been sufficient to meet the demand for years(!). We are tired of constantly doing unpaid volunteer work by reporting our concerns about litter presented by strangers in front of our households and on the streets and pedestrians' pathways. We are tired of constantly calling the Council's customer service line at 1300 617 058 where they could tell us if it was a reported clean-up or illegal dumping. We could not see that the council has an effective process to deal with illegal dumping and is working on strategies to get better results. None of our problems, which we have been constantly reporting for over the years, have been solved yet. Does any tourist want to visit this slum-like suburb, described by our council as a registered national heritage site or the prospective "Little India" hospitality business project? Is any cyclist from Greater Sydney happy to use our tourist bicycle paths in this disgusting urban landscape? The Council's Waste Management Department has no sociological educational background to understand the problem and then find a solution and implement it. Can we get these leaders and decision makers to personally and literally walk around our streets to show them how much they are neglecting the southern part of Harris Park and Parramatta as well? Finally, a recent example of how some council staff have behaved. On Tuesday (7/03/2023) a resident of 20 Allen St, Harris Park reported illegal garbage to the City Council, the next day the Waste Administration Officer arranged for the Waste Asset Inspector to visit the site, and then the Regulatory Team had taken the material to the garden of this 20 Allen St (Harris Park) instead of taking it away(!), without delay. If Council officers and managers are not interested in the sad reality of the community problems we face here, perhaps they should reconsider their suitability for their jobs.

Note: The information in Item 10.1 are redacted under clauses 2.1 and 15.11.

11.    Rescission Motions

Nil

12.    Reports to Council - For Notation

Nil

13.    Reports to Council - For Council Decision

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

4254

RESOLVED      (Darley/Valjak) (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. 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, Esber, Garrard, Green, Humphries, Maclean, Noack, Pandey, Prociv, Siviero, Valjak, Wang and Wearne The planning matter moved by Councillor Darley and seconded by Councillor Valjak was CARRIED UNANIMOUSLY.

Note: Questions were taken on notice during discussion of this matter.

13.2

SUBJECT          LATE REPORT: Delegations for Chief Executive Officer REFERENCE   F2022/03176 - D08929134 REPORT OF Governance Project Officer

4255

RESOLVED      (Garrard/Wearne) a)      That Council revoke from midnight 23 April 2023 all previous delegations granted to the Acting Chief Executive Officer, Bryan Hynes. b)      That pursuant to Section 377 of the Local Government Act 1993, Council delegates to Gail Connolly from 24 April 2023, the functions of the General Manager (Chief Executive Officer) to exercise Council’s powers, functions, duties and authorities contained in legislation and the functions as specified in: 1.      the Local Government Act 1993, the Local Government (General) Regulation 2021 and any other relevant or related subordinate legislation; and 2.       any other legislation, regulations or other subordinate legislation under which Council has powers, authorities, duties or functions. c)      That this delegation is subject to the following: 1.      any limitations or restraints under the provisions of the Local Government Act 1993 and any other legislation, regulations or other subordinate legislation relevant to this delegation; 2.      any direction, limitations or restraints under any resolution made by Council relating to the exercise of any delegated power, function, duty or authority; 3.      the General Manager (Chief Executive Officer) must exercise the delegated powers, functions, duties and authorities in accordance with and subject to: a.      the provisions of the Local Government Act 1993 the Local Government (General) Regulation 2021 and any other relevant or related subordinate legislation; and b.      all and every policy adopted by resolution of the Council and current at the time of the exercise of the delegated powers, functions, duties and authorities. d)      That Council delegate to the Chief Executive Officer the acceptance of tenders to a maximum value of $500,000 (incl GST) per tender. e)      That Council delegate to the Chief Executive Officer the following road and traffic functions: 1.      Line-marking (lane lines, separation lines, edge lines, barrier lines, etc; 2.      Parking restrictions (excluding preferential and residential parking schemes); 3.      Advisory sign posting; Works zones; 4.      Taxi zones / bus zones (subject to consultation with relevant associations and bodies and Transport for NSW); 5.      Angled and disabled parking; 6.      Light traffic thoroughfares; 7.      Regulatory signs (other than turn restrictions and one-way restrictions); 8.      Marked foot crossings and children crossings (other than raised crossings or where road narrowing is involved); 9.      Temporary road closures / on-the-spot road closures for annual events (as per RMS requirements and subject to Police approval). f)    Further, that regular reporting on decisions made under delegation, be provided by way of quarterly briefing notes to Councillors, reporting on tenders determined under CEO delegation.

	Procedural Motion
4256	RESOLVED      (Humphries/Esber) That the meeting be adjourned for a short recess.

Note: The meeting was adjourned at 7:32pm for a short recess.

The meeting resumed at 7:42pm with the following Councillors attendance: The Deputy Lord Mayor, Councillor Sameer Pandey and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

13.3	SUBJECT          Draft Councillor and Staff Interaction Policy for Public Exhibition REFERENCE   F2022/00105 - D08663180 REPORT OF Policy Officer
	MOTION             (Esber/Garrard) (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. (c)     Further, that staff prepare a report to Council following the exhibition period.
	AMENDMENT  (Bradley/Maclean) (a)     That the draft Councillor and Staff Interaction Policy be placed on public exhibition for a period of 28 days subject to the amendment of clause 3.17 Information provided by Staff to Councillors that is not publicly available should be regarded as confidential. Councillors are required to treat all information provided by Staff appropriately and to observe any confidentiality requirements. Where a Councillor wishes to release confidential information provided by Staff they should contact the Chief Executive Officer or the Staff authorised to manage their request, before releasing any information. (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. (a)     Further, that staff prepare a report to Council following the exhibition period. The motion moved by Councillor Bradley and seconded by Councillor MacLean was put and declared LOST.
4257	RESOLVED      (Esber/Garrard) (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. (c)     Further, that staff prepare a report to Council following the exhibition period.

Note:

1. Questions were taken on notice for this item.

2. Councillor Bradley requested his ‘No’ vote to be recorded for this Item.

13.4

SUBJECT          Draft Councillor Expenses and Facilities Policy for Public Exhibition REFERENCE   F2022/00105 - D08904249 REPORT OF Policy Officer

4258

RESOLVED      (Garrard/Wang) (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.

14.    Notices of Motion

14.1	SUBJECT          Position of Lord Mayor REFERENCE   F2022/03176 - D08924114 FROM Councillor Lorraine Wearne
4259	RESOLVED      (Wearne/Garrard) The Notice of Motion was WITHDRAWN.

14.2

SUBJECT          Congratulating new and returning local State Members of Parliament whose electorates incorporate parts of the City of Parramatta REFERENCE   F2022/03176 - D08924039 FROM Councillor Dr Patricia Prociv

4260

RESOLVED      (Prociv/Maclean) (a)     That the Lord Mayor write to the following new and returning local State Members of Parliament, whose electorates incorporate parts of the City of Parramatta, congratulating them on their success at the recent election. a. Dominic Perrottet, returning Member for Epping; b. Mark Taylor returning Member for Winston Hills; and c. Jordan Lane Member for Ryde. (b)     That the Deputy Lord Mayor write to the following new State Member of Parliament and congratulate them on their success at the recent election. a. Donna Davis, new Member for Parramatta. (c) That Council acknowledge and thank the following former Members of Parliament for their service to the community, being; a.      Geoff Lee, former Member for Parramatta b.      Victor Dominello former Member for Ryde. (d) Further, that Council writes to and congratulates Chris Minns MP, who was elected as Premier of NSW on 25 March 2023.

	Procedural Motion
4261	RESOLVED      (Pandey/) That Council adjourn for a short recess.

The meeting resumed at 9:08pm with the following Councillors attendance: The Deputy Lord Mayor, Councillor Sameer Pandey and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Ange Humphries, Cameron Maclean, Paul Noack, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne.

	Procedural Motion
4262	RESOLVED      (Pandey/) That Item 14.3 Parramatta Light Rail Stage 2 - $200 million additional funding move to recommit a resolution adopted.

14.3

SUBJECT          Parramatta Light Rail Stage 2 - $200 million additional funding REFERENCE   F2022/03176 - D08924394 FROM Councillor Dan Siviero

4263

RESOLVED      (Siviero/Garrard) That Council defer consideration of this matter to the next Council Meeting on 24 April 2023. DIVISION           A division was called, the result being:- AYES:                Councillors Esber, Garrard, Green, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne NOES:                Councillors Bradley, Darley, Maclean and Prociv The motion moved by Councillor Siviero and seconded by Councillor Garrard was put and declared CARRIED.

15.    Questions with Notice

15.1

SUBJECT          DEFERRED ITEM FROM OCM 27 MARCH 2023: Damaged Stormwater Drains/Pits REFERENCE   F2022/03176 - D08929087 FROM Councillor Kellie Darley

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.” (a)     That Council provide a list of stormwater drains/ pits we know need to be repaired, an estimate of how long they’ve been damaged for and when they are estimated to be repaired? (b)     Further, that Council provide information on whether there has been increasing number of damaged stormwater pits/ drains over the last few years, what the likely reason for this is and what Council is doing to address this situation.

Note:

1. Questions were taken on notice for this item.

2. Councillors Darley and Green left the meeting at 8:54pm.

15.2

SUBJECT          Questions Taken on Notice - 27 March 2023 Council Meeting REFERENCE   F2022/03176 - D08928947 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 6 - Confirmation of Minutes During discussion on Item 6 - Confirmation of Minutes, Councillor Noack asked the following question: What actions have been taken to the Petitions tabled by Councillor Noack in the past three or four meetings? Acting Executive Director City Planning and Design The matters raised in the petitions concerning the proposed development of the mixed-use land at Burroway Road, Wentworth Point that were reported to Council on 13 and 27 February and 13 March 2023 will be addressed in the report made to Council on the assessment of the current Planning Proposal for that site.  At this stage the Planning Proposal is still under assessment and it is anticipated it will not be reported to Council for consideration until June 2023 or later. Item 14.3 - Notice of Motion:  Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point. During discussion on Item 14.3 - Notice of Motion:  Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point, Councillor Prociv asked the following question: What are the processes that Council has to follow in order to deliver a pedestrian crossing? Acting Executive Director City Planning and Design There are several items and processes that need to be considered for the provision of a raised pedestrian crossing as listed below: 1.      Design standards (TfNSW, Council, Austroads, and Australian Standards) for a particular site need to be considered. 2.      Pedestrian counts are required and vehicle speed surveys may also be important.  Consideration is given to making it a ‘shared pedestrian and cyclist crossing’ or designing for a standard pedestrian crossing to be converted to a shared crossing in future. 3.      A concept plan is prepared.  Pedestrian crossings involve street lighting, signs, line marking, and new kerb ramps as a minimum.  Pedestrian crossings usually involve providing a raised concrete crossing (for safety reasons) which requires drainage work, new asphalt, and the concrete threshold. 4.      An initial cost estimate is undertaken. 5.      Funding is then considered.  This can be through grants. If a project is successful in its first attempt at an application then on average there is a 2 year period from the project being identified until it is constructed. The other option is through the development contributions plan.  These plans are reviewed approximately every 5 years. 6.      When funding is obtained then detailed design, consultation, and approval through PTC and Council in undertaken. 7.      The final step is procurement and construction. Item 14.3 - Notice of Motion:  Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point. During discussion on Item 14.3 - Notice of Motion:  Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point, Councillor Garrard asked the following question: 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? Acting Executive Director City Planning and Design Current status, Council Officer is coordinating contact with the developer. This matter is related to NOTICE OF MOTION: Street crossing on the corner of Hill Road and Burroway Road, Wentworth Point from Council Meeting 27 March 2023, resolution number 4235. A report will be provided to Council at the next Council Meeting on 24 April 2023. Item 16.2 - Charles Street Square - Design Services Contract Contingency During discussion on Item 16.2 - Charles Street Square - Design Services Contract Contingency, Councillor Pandey asked the following question: Is the project over 50% over budget? Staff will look at the details and provide the breakup of the contingency? Item 16.2 – Charles Street Square - Design Services Contract Contingency During discussion on Item 16.2 - Charles Street Square - Design Services Contract Contingency, Councillor Siviero asked the following question: 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? Acting Executive Director City Planning and Design and Executive Director Executive Director City Assets and Operations The Charles Street Square project has a total budget of $12.126M supported by $4.65m in external grants from the NSW government.  There are two key contracts within the project, the design services contract awarded to Spackman Mossop Michaels, initial value $1.06m and the construction contract, awarded to Regal Innovations, initial value $8.49m.  Other project costs include project management, site investigations, archaeology, supporting consultancies, authority fees and contingencies. In relation to the Design Services Contract, at the time of award a contract contingency of 15.1% was nominated in the budget, for a total contract forecast cost of $1,221,549.  Since that time, an additional 5.7% ($61,035) has been required to cover variations to the scope of the contract. This amount has been drawn from the construction phase contingency. It is proposed to raise contract contingency by a further 4.1% ($44,000) to fund future variations, if needed. Overall, if all contingency is fully utilised, this represents a 9.8% increase to the final forecast cost of this contract ($1,326,584) compared to 2018 forecast final cost reported to council.  Therefore, the design services contract is not 50% over budget. In relation to the overall project, the current forecast final cost is approximately 4.87% ($590,716) over current budget.  This total forecast includes cost to date, work yet to be invoiced and additional contingency for potential future variations.  The principal cause of the increased cost is associated with working over and adjustment to Sydney Water assets.  The recommended additional contingency within this final forecast is $298,288 (2.5% of current approved budget) for future variations in construction and on-costs.   With high-risk ground works now completed and off-site fabrication underway for major components, the remainder of the build is considered lower risk.  This is subject to internal review currently and a recommendation will come to Council to address any shortfall. In relation to completion dates, there have been program implications arising from rain, flood impacts, Sydney Water approvals and latent ground conditions. Adjustments to the completion date have been progressively advised to the community and the NSW Government project funding partners. In our current project communications to the public, the completion is listed as June 2023. However, this is at risk, and completion is more likely to be 31 July 2023. Once confirmed, communications will be updated. The project will deliver a high-quality riverside public space comprising landscape, civil and building components. The project is technically complex, including interface with TNSW Ferry Wharf operations and infrastructure, site contamination management, historic and aboriginal archaeology, major utility services in proximity, and located within a high hazard flood zone.  Upon completion it will provide a renewed river gateway arrival experience and a new destination for workers, residents and visitors to the City Centre.

Note: Councillor Darley returned to the meeting at 9:01pm.

	Procedural Motion
4264	RESOLVED      (Humphries/Esber) That a Procedural Motion be granted to allow consideration of a matter of urgency in relation to the conduct of tonight’s meeting. The Deputy Lord Mayor ruled the matter urgent.

	Matter of Urgency
4265	RESOLVED      (Humphries/Esber) That Council congratulate the Deputy Lord Mayor for chairing his first Council meeting tonight under extraordinary difficult circumstances.

Note: Prior to moving into Closed Session, the Deputy Lord Mayor invited members of the public gallery to make representations as to why any item had been included in Closed Session. No member of the gallery wished to make representations.

16.     CLOSED SESSION

MOVED              (Noack/Maclean) That members of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld. This action is taken in accordance with Section 10A(s) of the Local Government Act, 1993 as the items listed come within the following provisions:- 16.1  Legal Status Report as at 28 February 2023. (D08862805) - This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law. 16.2  Revision of Project Brief - Epping Aquatic Centre. (D08889739) - 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  Endorsement of 9 Wentworth Street, Parramatta Design, Fitout, Basebuild DA Works & Project Budget. (D08775992) - This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.1	SUBJECT          Legal Status Report as at 28 February 2023 REFERENCE   F2022/00105 - D08862805 REPORT OF Group Manager Legal Services
4266	RESOLVED      (Esber/Noack) That Council note the Legal Status Report as at 28 February 2023.

Note: Councillor Green returned to the Chamber at 9:27pm.

16.2

SUBJECT          Revision of Project Brief - Epping Aquatic Centre REFERENCE   F2023/00276 - D08889739 REPORT OF Assistant Development Manager

4267

RESOLVED      (Maclean/Wearne) (a)     That Development Application (DA) documentation be developed for the Epping Aquatic Centre project based on the following project brief: 1       20 metre Indoor Pool, 2       Upgrades to filtration of the existing 6-lane Outdoor 50m Pool, 3       New amenities building and accessibility upgrades, 4       Toddler pool with water play elements. (b)     That the community be notified of changes to the project brief and that the rationale for the changes be communicated. (c)     That Council officers continue to investigate additional funding sources and opportunities for cost savings to deliver the project within budget. (d)     Further, that final DA documentation return to Council for review and approval prior to the submission of a DA.

16.3

SUBJECT          Endorsement of 9 Wentworth Street, Parramatta Design, Fitout, Basebuild DA Works & Project Budget REFERENCE   F2023/00276 - D08775992 REPORT OF Group Manager Project Delivery

4268

RESOLVED      (Garrard/Bradley) (a)     That Council endorse the design for the 9 Wentworth Street as per Attachment 1; (b)     That Council approve a total budget to deliver the current design concept for 9 Wentworth Street as detailed at paragraph 13 of this report. (c)     That Council delegate authority to the Chief Executive Officer to lodge Development Application and all related applications for 9 Wentworth Street, consistent with the design provided at Attachment 1; (d)     Further, that Council delegate authority to the Chief Executive Officer to negotiate, execute contracts and sign all necessary documentation required for the design and construction of the 9 Wentworth Street Project to maximum value as detailed at paragraph 13 of this report.

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

	Procedural Motion
4269	RESOLVED      (Maclean/Esber) That the meeting resume to 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 9:53 pm.

THIS PAGE AND THE PRECEDING 17 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Tuesday,  11 April 2023 AND CONFIRMED ON Monday,  24 April 2023.

Chairperson