MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday,  8 May 2023 AT 6:30PM

PRESENT

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

1.      OPENING MEETING

The Lord Mayor, Councillor Donna Davis, opened the meeting at 6:30PM.

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

There were no apologies tabled for this meeting.

6.      CONFIRMATION OF MINUTES

	SUBJECT:         Minutes of the Council Meeting held on 24 April 2023
4294	RESOLVED      (Noack/Bradley) That the minutes be taken as read and be accepted as a true record of the meeting subject to amending the minutes to acknowledge the attendance of the Honorable Dr Andrew Charlton MP.

7.      DISCLOSURES OF INTEREST

Councillor Esber declared a non-pecuniary but significant interest in Item16.1 Legal Status Report as at 31 March 2023 as a person close to him was involved in a legal matter in Item 16.1. He retired from the Chamber prior to the discussion of this matter.

8.      Minutes of the Lord Mayor

8.1	SUBJECT          Salvation Army Red Shield Appeal 2023 REFERENCE   F2022/03176 - D08963867 REPORT OF Lord Mayor, Councillor Donna Davis
4295	RESOLVED      (Davis/Pandey) (a)     That Council acknowledge the Salvation Army’s Red Shield Appeal 2023 running from April to June, with the National Doorknock to occur on 20 and 21 May 2023. (b)     Further, that Council donate $1,000 to the 2023 Salvation Army Red Shield Appeal.

8.2

SUBJECT          National Volunteer Week 2023 REFERENCE   F2022/03176 - D08963577 REPORT OF Lord Mayor, Councillor Donna Davis

4296

RESOLVED      (Davis/Maclean) (a)     That Council recognise National Volunteer Week from 15-21 May 2023 and note the City of Parramatta National Volunteer Week event to be held on 17 May 2023 at PHIVE. (b)     Further, that Council acknowledge all volunteers across the City of Parramatta at Council and within a range of organisations including service clubs, not-for-profit community organisations, faith-based groups, arts and culture, sports and recreation, charities and more. Council appreciates the vital role that volunteers play in our community.

8.3	SUBJECT          National Road Safety Week 2023 REFERENCE   F2022/03176 - D08966934 REPORT OF Lord Mayor, Councillor Donna Davis
4297	RESOLVED      (Davis/Bradley) (a)     That Council acknowledge National Road Safety Week 2023 (14-21 May), an annual initiative which highlights the impact of road trauma and ways to reduce it; and (b)     Further, that Council approve PHIVE ‘turning yellow’ for the duration of the week to help raise public awareness about road safety.

8.4

SUBJECT          Parramatta: A Past Revealed REFERENCE   F2022/03176 - D08970576 REPORT OF Lord Mayor, Councillor Donna Davis

4298

RESOLVED      (Davis/Wearne) (a)     That Council acknowledge the importance of Parramatta’s history and heritage in shaping our City today; and (b)     Further, that the CEO prepare a report to Council to investigate updating the 1996 publication Parramatta – A Past Revealed. This report should consider: i.        Consultation with the authors, local history and heritage experts and relevant stakeholders in developing content for an updated edition; ii.       Existing materials and research held by Council that could be used to inform the project; and iii.      Financial and resourcing implications of updating the publication, and potential timeframes for consultation, development and delivery.

9.      Public Forum

There were no public forums submitted for this meeting.

10.    Petitions

10.1

SUBJECT          To oppose new Indian Restaurant, Mitran Da Dhaba at 24 Albion St, Harris Park, NSW 2150 REFERENCE   D08971270 FROM                 Patricia Prociv

We recently contacted the Parramatta Council along with three other neighbours and lodged an official complaint against above development occurring at my immediate next door property, 24, Albion St Harris Park. NSW 2150. This petition is an objection from the residents of Albion St and Harris Street to this development. An officer from the Parramatta Council visited us on Thursday, 20th April 2023. However, he informed us that privacy laws, prevents him from inspecting the development across the fence. We would like council to take urgent action in this matter as it has serious and adverse Environmental Impact upon us as the next-door neighbour as well as the community/neighbourhood, specifically, the residents of Albion Street and Harris Street. The reasons listed below are valid and serious. Please refer attached pictures from my backyard and from Frank Eames Lane, showing the proximity to my property. 1. Not long ago, a demountable residential unit was installed on the same location. It was an unauthorised illegal construction. The council served removal notice to the owner and finally it was removed. A new restaurant is now proposed on this site, it is illegal and yet Council is trying to condone this development, why ? 2. Currently all the restaurant food retailers and grocery shops are limited and confined to Wigram St and Marion St only. Albion St is essentially a residential street with essential services for the community like doctors, allied health professionals e.g. psychologist, radiologist, speech therapist, dentist, laywers and accountants. The visitors, often with prams and babies already struggle to find parking on Albion St when visiting the doctor or other allied health professionals. Albion Street is not meant for food restaurants and food retail. A new restaurant on this street will an environmental disaster as it and throw into a big parking chaos on Albion Street. 3. The strong cooking smell rising from restaurant commercial kitchen will be overwhelming for the occupants of whole Albion St. The accumulation of food waste and litter (which is already a documented issue on Wigram and Marion St) will attract rodents that residents will have to contend with. Has a waste management plan been submitted as part of this development? 4. As required, the Council and Environmental/Town Planning Department, to date, has not provided a formal Notification for this development to the neighbours informing and seeking their comments in this development. 5. As it is, the visitors from Wigram Street are all the time on the search and parking on Albion Street all the time. Bringing a new restaurant on Albion Street will add to many adverse environmental impact and imbalance and cause parking chaos. To enter the restaurant from Frank Beam Lane, visitors tend to search for parking nearby. It is common that illegal park into adjacent private properties will occur all the time? Further, added to this, delivery and supply vehicles entering Frank Beames Lane to service this restaurant will substantially add traffic and burden narrow street. 6. The new restaurant with outdoor seating will create a nuisance with excessive, loud noise all seven days until late nights. It will be significant loss to our basic amenity of peace and deprive us of our sleep before returning to work early morning next day. The amount of rubbish generated spilling out all over the street. The customers visiting late night, sitting and dining the light and noise spilling over our house and adjacent residents, we will lose our visual and acoustic privacy. 7. Frank Beames Lane is narrow, single lane (only 3 m wide) that is shared by vehicles travelling both directions (north-south). This lane is shared by pedestrians, particularly children with parents as well as there is no footpath. Occasionally, large trucks also use this lane. It gets very busy, particularly in mornings and afternoon (school hours). Access to restaurant from Frank Beam Lane will generate additional pedestrians thus compromising the safety of pedestrians including children and mothers with prams. Is it safe? 8. If this development is not stopped then it will set precedent and encourage other property owners on Albion Street to open more such restaurants as well. In view of above, you as the Parramatta Councillor, whom we voted for and elected you with Trust and Faith that you will look after the community and residents first over the commercial benefits to the traders. We would appreciate your help and action in this matter urgently. Executive Director City Assets & Operations Response: Both the Building Compliance Team and the Environmental Health Team have attended the premises and inspected the site relative to a number of issues and investigations are ongoing. There are multiple working service requests open at present relative to the following points: Issue 1:  Demolition and new works in heritage item (actioned against owner is underway with NOI/Orders issued, and is continuing. OIC officer on leave but returning in two weeks. Issue 2:  Unauthorised use as business.  The owner lodged a DA on 21 March 2023 which was returned on the 24 March 2023 due to lack of information. This action is underway and is continuing with NOI/Orders to be followed up after DA returned. OIC officer on leave but returning in two weeks. Issue 3:  Food truck in rear yard.  Stopped Work Order (SWO) issued to demo the large 'L shaped' structure consisting of two food trucks joined together at 90 degrees. Operator has complied by removing one of the food trucks, and developing a single food truck for operation under exempt development standards. The completed food truck will be monitored by Building Compliance. If built to the requirements under exempt development standards and use starts, the Environmental Health team will be able to review the licensed registration of the food truck under a food licence and then inspect regularly.  Provided for your information as to council’s current management and ongoing monitoring of the subject property.

11.    Rescission Motions

11.1	SUBJECT          OCM 24 April 2023 Item 14.4 Notice of Motion Position of Lord Mayor REFERENCE   F2022/03176 - D08955408 REPORT OF     Councillors Wearne, Garrard and Valjak
4299	RESOLVED      The rescission motion was WITHDRAWN.

12.    Reports to Council - For Notation

12.1	SUBJECT          Variations to Standards under Clause 4.6 of Parramatta LEP 2011, Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby LEP 2013 REFERENCE   F2022/00105 - D08835765 REPORT OF     Development Assessment Manager
4294	RESOLVED      (Esber/Maclean) That the report be received and noted.

12.2	SUBJECT          ARIC Annual Report 2022 REFERENCE   F2022/00452 - D08924951 REPORT OF Coordinator Internal Audit
4295	RESOLVED      (Maclean/Esber) That Council receives and notes the 2022 Annual Report of the Audit Risk and Improvement Committee.

12.3	SUBJECT          Minutes of Audit Risk and Improvement Committee Meeting held on 17 November 2022 REFERENCE   F2022/00452 - D08925099 REPORT OF Coordinator Internal Audit
4296	RESOLVED      (Darley/Maclean) That the confirmed Minutes of the Audit Risk and Improvement Committee meeting held on 17 November 2023 be received and noted.
	Note: A question was taken on notice for Item 12.3.

13.    Reports to Council - For Council Decision

13.1	SUBJECT          Draft Delivery Program 2022-26, Operational Plan and Budget 2023/24, Long Term Financial Plan 2023-33 REFERENCE   F2022/03176 - D08945798 REPORT OF Corporate Strategy Manager; Financial Planning and Analysis Manager
	MOTION             (Pandey/Esber) (a) That Council endorses for the purposes of public exhibition, the attached draft Delivery Program 2022-26 and Operational Plan 2023/24 – which includes the draft Annual Budget 2023/24 and Schedule of Fees and Charges 2023/24 – and draft Long Term Financial Plan 2023-33. (b) That the draft Delivery Program 2022-26 and Operational Plan 2023/24, and draft Long Term Financial Plan 2023-33 be placed on public exhibition for a period of not less than 28 days. (c) That the Chief Executive Officer be delegated authority to make formatting and minor editorial adjustments to the draft Delivery Program 2022-26 and Operational Plan 2023/24 and draft Long Term Financial Plan 2023-33 during the public exhibition period. (d) Further, that submissions received as part of the public exhibition of the draft Delivery Program 2022-26 and Operational Plan 2023/24, and the Long-Term Financial Plan 2023-33 be reported to the June 2023 Council meeting for consideration as part of the adoption of these documents.
	AMENDMENT  (Garrard/Wearne) (a) That Council endorses for the purposes of public exhibition, the attached draft Delivery Program 2022-26 and Operational Plan 2023/24 – which includes the draft Annual Budget 2023/24 and Schedule of Fees and Charges 2023/24 – and draft Long Term Financial Plan 2023-33. (b) That the draft Delivery Program 2022-26 and Operational Plan 2023/24, with the exclusion of the IPART approved rate peg of 3.7%, and the draft Long Term Financial Plan 2023-33 be placed on public exhibition for a period of not less than 28 days. (c) That the Chief Executive Officer be delegated authority to make formatting and minor editorial adjustments to the draft Delivery Program 2022-26 and Operational Plan 2023/24 and draft Long Term Financial Plan 2023-33 during the public exhibition period. (d) Further, that submissions received as part of the public exhibition of the draft Delivery Program 2022-26 and Operational Plan 2023/24, and the Long-Term Financial Plan 2023-33 be reported to the June 2023 Council meeting for consideration as part of the adoption of these documents. A division was called, the result being: AYES:                Councillors Garrard, Green, Siviero, Valjak, Wang and Wearne NOES:                Councillors Bradley, Darley, Davis, Esber, Humphries, Maclean, Noack, Pandey and Prociv The amendment moved by Councillor Garrard and seconded by Councillor Wearne on being put was declared LOST. The motion moved by Councillor Pandey and seconded by Councillor Esber on being put was declared CARRIED.
4297	RESOLVED      (Pandey/Esber) (a)     That Council endorses for the purposes of public exhibition, the attached draft Delivery Program 2022-26 and Operational Plan 2023/24 – which includes the draft Annual Budget 2023/24 and Schedule of Fees and Charges 2023/24 – and draft Long Term Financial Plan 2023-33. (b)     That the draft Delivery Program 2022-26 and Operational Plan 2023/24, and draft Long Term Financial Plan 2023-33 be placed on public exhibition for a period of not less than 28 days. (c)     That the Chief Executive Officer be delegated authority to make formatting and minor editorial adjustments to the draft Delivery Program 2022-26 and Operational Plan 2023/24 and draft Long Term Financial Plan 2023-33 during the public exhibition period. (e) Further, that submissions received as part of the public exhibition of the draft Delivery Program 2022-26 and Operational Plan 2023/24, and the Long-Term Financial Plan 2023-33 be reported to the June 2023 Council meeting for consideration as part of the adoption of these documents.
	Note: Questions were taken on notice for Item 13.1.

Matter of Urgency

RESOLVED      (Pandey/Humphries)

That a procedural motion be granted to allow consideration of a matter of urgency in relation to the recent announcement of the Lord Mayor.

The Lord Mayor allowed the matter of urgency.

4298	RESOLVED      (Pandey/Humphries) That Council formally recognise the service of the Lord Mayor and thank her for her contribution to the Office of the Lord Mayor during the current term of Council.

	Procedural Motion
4299	RESOLVED      (Esber/Maclean) That the meeting be adjourned for a short recess.
	Note: 1. Councillors Pandey and Wearne returned at 8:37pm. 2. Councillors Wang and Garrard returned at 8:38pm.

The meeting resumed at 8:35pm with the following Councillors attendance: The Lord Mayor, Councillor Donna Davis and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Henry Green, Ange Humphries, Cameron Maclean, Paul Noack, Dr Patricia Prociv, Dan Siviero and Georgina Valjak.

14.    Notices of Motion

14.1	SUBJECT          Proposal to Rename the Sydney Olympic Park Ferry Terminal (Wharf) REFERENCE   F2022/03176 - D08949722 FROM Councillor Paul Noack
4300	RESOLVED      (Noack/Siviero) That Council calls on the newly elected NSW Government and the Hon Jo Haylen MP, Minister for Transport to rename the Sydney Olympic Park Ferry Terminal (Wharf), the Wentworth Point Wharf.

14.2

SUBJECT          Sydney Olympic Park – Proposed Statue to Recognise Cathy Freeman OAM REFERENCE   F2022/03176 - D08955012 FROM Councillor Paul Noack

4301

RESOLVED      (Noack/Siviero) (a)     That Council support the installation of a statue of Catherine (Cathy) Freeman OAM in a suitable public place at Sydney Olympic Park, such as outside the Olympic Stadium or the Showgrounds Stadium. (b)     That the Lord Mayor write to the Hon Chris Minns MP, Premier of NSW, the Hon John Graham MLC, Minister for the Arts, the Hon David Harris MP, Minister for Aboriginal Affairs and Treaty, the Hon Stephen Kamper MP, Minister for Sports and the Hon Paul Scully MP, Minister for Planning and Public Spaces, requesting that the NSW government commission and install a suitable statue to recognise the sporting and cultural contribution that Cathy Freeman has made to the nation. (c)     Further, that the Chief Executive Officer write to all State and Federal Members within the City of Parramatta calling on them to support Council’s request for the statue.

14.3	SUBJECT          Proposal for Dog Owners' Education Campaign - Off Leash Dog Parks REFERENCE   F2022/03176 - D08955168 FROM Councillor Georgina Valjak
4302	RESOLVED      (Valjak/Garrard) (a)     That Council acknowledge the recent increase in media reports regarding dog attacks across various jurisdictions, and that it is important that local residents and owners be aware of the action to be taken in the event that an incident occurs in the City.  (b)     That the Chief Executive Officer prepare a report to Council that investigates the following matters: i. The current process for notifying Council of a dog attack in the City’s off leash dog parks; ii. The establishment of an education campaign and updating of the Dog Park section of the City of Parramatta website, social media and relevant publications with information on how to report a dog incident and the roles of owners, victims and the Council; iii. The current trends and number of attacks within off leash dog parks across the LGA and actions taken by Council officers; and iv. The installation of appropriate signage to assist residents in notifying Council in any instance of a dog attack occurring in an off leash dog park. v. The cost to Council to conduct a dog socialisation program at a discounted rate. (c)     Further, that the Chief Executive Officer arrange for low-cost temporary signage to be installed at all off-leash dog parks to assist residents in notifying Council in any instance of a dog attack occurring, in the interim period until such time as the report is submitted to Council.
	Note: A question was taken on notice on Item 14.3.

15.    Questions with Notice

15.1

SUBJECT          Questions Taken on Notice - 24 April 2023 Council Meeting REFERENCE   F2022/03176 - D08958659 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 6.1 – Confirmation of Minutes (Urgent Matter - Little India (Resolution number 4249) During the approval of the Confirmation of Minutes (Urgent Matter - Little India (Resolution number 4249), Councillor Noack asked the following questions: 1.      What actions have been taken to invite the Prime Minister of India, the Honorable Narendra Modi, to visit Little India in Parramatta and has the letter been sent out, when was it sent out? 2.      Can the correspondence to invite the Prime Minister of India, the Honorable Narendra Modi be sent to Councillors? Chief of Staff response: 1.      Following receipt of protocol advice, an invitation to visit the City of Parramatta from the Lord Mayor, Councillor Donna Davis to His Excellency, The Prime Minister of India, Mr Narendra Modi was sent to the Indian High Commission on Monday 24 April 2023. 2.      A copy of the correspondence was emailed to all Councillors on Thursday 4 May 2023, Attachment 1. Item 13.1 - Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023. During discussion on Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023, Councillor Green asked the following questions: 1.      Can the Lord Mayor provide copies of the letters sent on or about 21 June 2022 to the Minister for Transport and the former Local State Member for Parramatta, the Hon Dr Geoffrey Lee in relation to the Mobility Parking Scheme review? 2.      Did the Lord Mayor receive any response? If so, could the response be made available to all Councillors? Chief of Staff response: Please find attached copies of the letters: 1.      Sent to the former Minister for Roads, Shadow Minister for Roads and Local State Member for Parramatta in relation to the Mobility Parking Scheme review, Attachment 2, 3 and 4. 2.      Responses received from the former Minister for Metropolitan Roads, the Hon. Natalie Ward MLC and the former Member for Parramatta, the Hon. Dr Geoffrey Lee, Attachment 5 and 6. Item 13.1 - Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023. During discussion on Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023, Councillor Garrard asked the following questions: 1.      Where are the 91 mobility parking scheme car parks and could staff provide a map? 2.      How many mobility parking schemes permits has City of Parramatta issued? 3.      Did we consult with the Parramatta Business Chamber of Commerce? Executive Director City Planning and Design response: 1.   Please find below a map of the disabled parking spaces as per Spotparking. This is a screenshot from an interactive map and the boxes with the number of parking spaces are a manual overlay. 2.   Council does not issue mobility parking permits, as these are issued by Transport for NSW. However, there are 11,021 active mobility parking permits issued to residents within the Parramatta LGA. Further data is provided in the screenshot below from Transport for NSW. 3.   Council consulted with the Parramatta Chamber of Commerce on the proposed changes to parking. No reply was received. Item 13.1 - Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023. During discussion on Item 13.1 Minutes of the Parramatta Traffic Committee meeting held on 15 March 2023, the Lord Mayor asked the following question: Since the Federal election has Council advised those new Federal Members of their ability to have a representative on the Traffic Committee? Executive Director City Planning and Design response: Council has not yet advised Federal MPs of their ability to have a representative on the Local Traffic Committee. However, arrangements have now been made to send new invitations. It should be noted that, unlike State MPs, Federal MPs are not able to vote on agenda items (in accordance with Transport for NSW requirements). Item 13.4 – Heritage Grant. During discussion on Item 13.4 – Heritage, Councillor Esber asked the following question: In relation to Bago Street, what would be the heritage component for stormwater and sewerage work underground? Executive Director City Planning and Design response: This application involved various inspections and works to repair ageing stormwater and sewer pipes. A large component of work included the renewal of the main sewer pipe between the main sewer connection and the inspection shaft within the property boundary. Also work was undertaken to clear the blocked water fountain on the property. Stormwater and sewer lines are considered to be an integral and functional part of the dwelling and contributes to the integrity of this heritage property. The fountain is an integral part of the heritage landscaping and streetscape. Work required to repair a fault in the stormwater and sewer lines and to clear a blockage in the water fountain are eligible for a grant.

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.

16.     CLOSED SESSION

4303

RESOLVED      (Maclean/Noack) 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 31 March 2023.. (D08897201) - 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.

Note: Councillor Esber declared a non-pecuniary but significant interest in Item16.1 Legal Status Report as at 31 March 2023 being a family member has done work for this applicant. He retired from the Chamber prior the discussion of this matter.

16.1	SUBJECT          Legal Status Report as at 31 March 2023. REFERENCE   F2022/00758 - D08897201 REPORT OF Group Manager Legal Services
4304	RESOLVED      (Maclean/Noack) That Council note the Legal Status Report as at 31 March 2023.

	Procedural Motion
4305	RESOLVED      (Noack/Wearne) 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.

18.    CONCLUSION OF MEETING

The meeting terminated at 9:17pm.

THIS PAGE AND THE PRECEDING 15 PAGES ARE THE MINUTES OF THE ORDINARY/EXTRAORDINARY COUNCIL MEETING HELD ON Monday, 8 May 2023 AND CONFIRMED ON Monday, 22 May 2023.

Chairperson