Agenda of Council - Tuesday, 13 June 2023

MINUTES OF THE Meeting of City of Parramatta Council HELD IN THE council chamber at 5 PARRAMATTA square, parramatta ON Monday, 22 May 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 Sameer Pandey and Councillors Phil Bradley, Kellie Darley, Donna Davis, 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 Lord Mayor, Councillor Pandey, opened the meeting at 7:02pm.

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 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.

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

There were no apologies or requests for leave of absence.

6. CONFIRMATION OF MINUTES

SUBJECT: Minutes of the Council Meeting held on 8 May 2023

4307

RESOLVED (Noack/Prociv)

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

7. DISCLOSURES OF INTEREST

There were no disclosures of interest.

8. Minutes of the Lord Mayor

8.1

SUBJECT Visit of His Excellency Shri Narendra Modi Prime Minister of the Republic of India

REFERENCE F2022/03176 - D08987726

REPORT OF Lord Mayor, Councillor Sameer Pandey

4308

RESOLVED (Pandey/Prociv)

(a) That Council acknowledge the Lord Mayor’s correspondence sent on 21 April 2023 to His Excellency Shri Narendra Modi, Prime Minister of the Republic of India, inviting His Excellency to visit the City of Parramatta during his stay in Sydney in May 2023.

(b) Further, that Council welcomes the Honourable Anthony Albanese MP, Prime Minister of Australia and His Excellency Shri Narendra Modi, Prime Minister of the Republic of India, to the City of Parramatta and acknowledge the event to be held on 23 May 2023 at the Qudos Bank Arena located in Sydney Olympic Park.

8.2

SUBJECT Sorry Day and National Reconciliation Week

REFERENCE F2022/03176 - D08983725

REPORT OF Lord Mayor, Councillor Sameer Pandey

4309

RESOLVED (Pandey/Maclean)

(a) That Council recognise National Reconciliation Week (27 May – 3 June 2023) and honour the legacy of the Stolen Generations on Sorry Day (26 May 2023).

(b) That Council note City of Parramatta’s Warami Festival from 26 May-8 July 2023, featuring First Nations focused events and activities held during National Sorry Day, National Reconciliation Week and NAIDOC Week.

(d) Finally, that, upon completion of the First Nations Strategy, the Lord Mayor write to the Hon. Linda Burney MP, Minister for Indigenous Australians, the Hon. David Harris MP, Minister for Aboriginal Affairs and Treaty as well as all State and Federal Members of Parliament within the City of Parramatta.

Procedural Motion

Matter of Urgency

4310

RESOLVED (Garrard/Wearne)

That Council consider as a matter of urgency additional business to address the ‘Make a Difference - Biggest Morning Tea’ hosted by Shirley Wehbe and Family before the next ordinary meeting of Council.

Matter of Urgency – ‘Make a Difference - Biggest Morning Tea’

4311

RESOLVED (Garrard/Wearne)

That Council make a donation of $2000 to the ‘Make a Difference - Biggest Morning Tea’ hosted by Shirley Wehbe and Family on 31 May 2023.

9. Public Forum

There were no registered speakers for this meeting.

10. Petitions

SUBJECT Petition – ‘NO Parking’ southwest corner of Fitzgerald Road outside properties 47 and 49

FROM Councillor Kellie Darley

4312

RESOLVED Darley

That Council considers the petition proposing the installation of a ‘NO parking’ signs on the southwest corner of Fitzgerald Road outside properties 47 and 49.

11. Rescission Motions

There were no rescission motions.

12. Reports to Council - For Notation

12.1

SUBJECT Investment Report for April 2023

REFERENCE F2022/03176 - D08966988

REPORT OF Tax and Treasury Accountant

4313

RESOLVED (Bradley/Maclean)

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

Note: Councillor Esber left the meeting, the time being 7:35pm and returned at 7:38pm.

13. Reports to Council - For Council Decision

13.1

SUBJECT Proposal to Name the Unnamed Laneway in Northmead

REFERENCE F2022/03176 - D08916998

REPORT OF Senior Project Officer Place Services

4314

RESOLVED (Prociv/Valjak)

That Item 13.1- Proposal to Name the Unnamed Laneway in Northmead be deferred to a meeting in June 2023.

Note: Questions were taken on notice for Item 13.1.

13.2

SUBJECT Adoption of Parramatta River Plan

REFERENCE F2022/03176 - D08403499

REPORT OF Strategy Manager

4315

RESOLVED (Darley/Valjak)

(a) That Council adopt the 2023 Parramatta River Vision (Attachment 1).

(b) Further, that a targeted advocacy, communications and engagement plan be implemented following adoption by Council.

Note: Questions were taken on notice for Item 13.2.

13.3

SUBJECT Approval of Parramatta City Centre Local Infrastructure Contributions Plan 2022 (Amendment No 1)

REFERENCE F2023/00371 - D08946265

REPORT OF Project Officer

4316

RESOLVED (Esber/Maclean)

(a) That Council receives and notes the submissions made during the public exhibition of the “Draft Parramatta CBD Local Infrastructure Contributions Plan 2022 (Amendment No 1)” and the Council officer response (as provided in the submissions summary table at Attachment 1)

(b) That Council approves the Draft Parramatta City Centre Contributions Plan 2022 (Amendment No 1) at Attachment 2 to allow the same contributions rates for land within the Parramatta CBD to be applied to the land within the ‘Phillip Street Block’.

(c) That Council authorises submission of the approved contributions plan at Attachment 2 and the supporting Justification Report Supplement at Attachment 3 to the Department of Planning and Environment with a request for the Minister of Planning to amend Section 209 of the Environmental Planning and Assessment Regulation 2021 to refer to the updated Figure 2 of the approved plan.

(d) That Council authorises the Chief Executive Officer to make any minor amendments and corrections of a non-policy and administrative nature that may arise during finalisation of the Draft Parramatta City Centre Contributions Plan 2022 (Amendment No 1) Plan.

(e) Further, that Council notes that Amendment No 1 to the Parramatta City Centre Contributions Plan 2022 will come into effect upon amendment of Section 209 of the Environmental Planning and Assessment Regulation 2021 by the Minister for Planning; and this will be notified separately on Council’s website to the notification of the plan’s approval by Council.

13.4

SUBJECT Adoption of Removal of Printed Promotional Materials Policy

REFERENCE F2022/03176 - D08911480

REPORT OF Policy Officer

4317

RESOLVED (Bradley/Garrard)

That Council adopt the Removal of Printed Promotional Materials Policy attached to this report with the following amendments:

Clause 3.1.2

After the words “use of A frames” insert the words “for official duties”.

Clause 3.5

After the words ”Printed elected campaign materials…” insert the words “ and “A frames used for official duties”

Clause 3.5.1

Delete all the words in clause 3.5.1 and replace with “Subject to the conditions set out in this clause 3.5, A-Frames may be used to display materials connected with the official duties of current Councillors and Members of State or Federal Parliament. A frames may also be used by candidates for election for local, state and federal elections to display election related materials. Only one (1) A-Frame can be placed on a footpath or nature strip so as not to obstruct pedestrians, with a Councillor, Member of Parliament, candidate or their representative being within five (5) metres of the A-Frame, to ensure pedestrian safety.”

13.5

SUBJECT Finalisation of Parramatta LEP 2023 and amendments made by the Department of Planning and Environment

REFERENCE F2022/03176 - D08941257

REPORT OF Group Manager, Strategic Land Use Planning

4318

RESOLVED (Garrard/Wearne)

(a) That Council note the amendments made by the Department of Planning and Environment (DP&E) when finalising the Harmonisation Planning Proposal which brought into force the new Parramatta LEP 2023.

(b) That Council not pursue any further planning proposal to respond to changes DP&E made to:

i. retain the R3 Medium Density Residential zoning in precincts in North Rocks, Northmead and Carlingford instead of rezoning them to R2 Low Density Residential as requested by Council;

ii. retain the maximum FSR and height controls across the R3 Medium Density Residential precincts rather than standardise them as requested by Council;

iii. not support the proposed standardised minimum lot size control of 670m2 for battle-axe lots, resulting in the minimum lot size for battle-axe lots being that shown on the Minimum Lots Size map (which varies across the LGA);

iv. not support the expanded dual occupancy prohibition area Council proposed in parts of Epping, Carlingford, Dundas Valley, Telopea and Oatlands.

(c) That items referred to in (b) i – iii above be considered as part of the review of medium density controls Council has already committed to when it endorsed the Parramatta Local Strategic Planning Statement.

(d) That Council request LGNSW to lead an advocacy program with representations to be made to the Minister for Planning and the Minister for Fair Trading and other interested councils seeking:

1. To make changes to the Codes SEPP to improve dual occupancy development design; and

2. Additional measures to make private certifiers more accountable to ensure the design controls and notification/certification processes are properly implemented by all certifiers including consideration of the following measures:

establishment of a team at the Department of Fair Trading to assist the community with enquiries on the complying development certificate process;

upgrade of the Planning Portal to increase visibility of key documents on the portal and to allow the community to make complaints via the portal;

amendments to the legislation to authorise councils to penalise/fine certifiers with potential introduction of new penalty categories to ensure certifiers are accountable during all parts of the process.

(e) Further, that Council contribute to this advocacy program by pursuing the following steps:-

i. Prepare a Preliminary Discussion Paper on changes that should be made to the Codes SEPP to improve design outcomes for dual occupancy development approved via the complying development process and consult with Councillors in the preparation of the Paper.

ii. Provide the Preliminary Discussion Paper to LGNSW.

iii. Council be provided with updates on the progress of the advocacy program.

For the Motion: The Lord Mayor, Councillor Pandey and Councillors Bradley, Darley, Davis, Esber, Garrard, Green, Humphries, Maclean, Noack, Prociv, Siviero, Valjak, Wang and Wearne.

Against the Motion: Nil

Carried Unanimously

13.6	SUBJECT Approval of proposed funding allocations for the 2023 Environmental Education Grants Program REFERENCE F2022/03176 - D08942077 REPORT OF Manager Sustainability & Waste
4319	RESOLVED (Garrard/Darley) That Council approve the expenditure recommended by the Councillor Grants Committee for the 2023 round of Environmental Education Grants as summarised in Table 1.
	Note: Councillor Davis left the meeting, the time being 8:21pm and returned to the meeting at 8:29pm. Councillor Esber left the meeting, the time being 8:25pm and returned to the meeting at 8:28pm.
	Note: A question was taken on notice for Item 13.6.

13.7

SUBJECT Public Exhibition of Alcohol Free Zones within the City of Parramatta LGA

REFERENCE F2022/03176 - D08952025

REPORT OF City Safe Operations Manager

4320

RESOLVED (Maclean/Esber)

(a) That Council approve the draft Alcohol Free Zones as set out in Attachment 2 for the purpose of public exhibition for a period of 14 days.

(c) Further, that a report on the results of the public exhibition be presented to Council for consideration and adoption of the final Alcohol Free Zones.

Note: Councillor Humphries left the meeting, the time being 8:32pm and returned to the meeting at 8:36pm.

14. Notices of Motion

14.1

SUBJECT Proposed Recognition of Country in Parks and Reserves

REFERENCE F2022/03176 - D08959458

FROM Councillor Dr Patricia Prociv

4321

RESOLVED (Prociv/Darley)

(a) That the Chief Executive Officer prepare a report to Council to investigate Recognition of Country through the placement of new signage and/or adaption of existing signage in Council owned and controlled parks and reserves, and major entry points to the City.

(b) Further, that the report investigate options for the signage to be in both English and Darug language.

14.2

SUBJECT Opening of PHIVE on Public Holidays

REFERENCE F2022/03176 - D08967330

FROM Councillor Garrard

4322

RESOLVED (Garrard/Siviero)

(a) That the Chief Executive Officer prepare a report to Council investigating the feasibility of opening PHIVE on public holidays and that the report include, but not be limited to:

i. potential activation of Parramatta Square and the CBD on select public holidays;

ii. options for opening hours;

iii. staffing and resource costs; and

iv. potential communications and media.

(b) Further, that the report be presented to Council to explore to consider the opening of PHIVE over the October 2023 long weekend.

Note: Councillor Darley left the meeting, the time being 8:55pm and returned to the meeting at 8:58pm.

15. Questions with Notice

15.1

SUBJECT LATE REPORT: Questions Taken on Notice - 8 May 2023 Council Meeting

REFERENCE F2022/03176 - D08977225

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 12.4 – Minutes of Audit Risk and Improvement Committee Meeting held on 17 November 2022

During the approval of the Minutes of Audit Risk and Improvement Committee Meeting held on 17 November 2022, Councillor Darley asked the following question:

1. Can a list of the known sites still to be remediated please be provided, with the cost estimate for each?

Executive Director City Assets and Operations response:

The provision for James Hardie legacy sites is currently under review. At the time of preparing this response, the provision amounts proposed are still being confirmed. The below is accordingly subject to change as more information about sites and remediation costs become available.

Provision is calculated on the basis of that size of site, multiplied by an average remediation cost per square meter. The average cost is calculated by averaging actual costs achieved at previously remediated sites and is intended to be indicative only.

The following Council owned sites have been identified as James Hardie legacy sites and have been tested and determined to require some degree of remediation in the future. Sites are prioritised for remediation on the basis of risk. Risk is determined following consideration of a number of factors, including site usage, site condition, availability of alternative recreation spaces, and availability of reasonable management controls.

The table below identifies the provisional amount estimated for each site.

Ruse Street Reserve, Harris Park Provisional Amount: $ 1,982,000	Site has been tested and presence of asbestos in soils confirmed. Fenced steep embankment area requires capping. Capping will require stabilisation of embankment. Location currently managed via management controls (restricting access, interim capping treatments, no-dig site).
Ponds Reserve North Provisional Amount: $ 1,016,625	Site has been tested and presence of asbestos in soils confirmed. Several passive recreation areas have been identified which will require capping. Location currently managed via management controls (ensuring adequate grass coverage, no-dig site)
Dundas Park Provisional Amount: $ 4,439,092	Site has been tested and presence of asbestos in soils confirmed. Asbestos present in some areas at depth (ie greater than 0.3m below ground level). Physical capping will ultimately be required and likely occur as park upgrades / renewal occurs in future. Site managed as no-dig site to prevent exposure of materials at depth.
Excelsior Reserve Provisional Amount: $ 1,469,046	Site has been tested and presence of asbestos in soils confirmed. Affected area is an upper embankment between rear property boundaries and an access track, a section of access track, and a larger, steeper, lower embankment area. Capping works proposed to occur in two stages. Procurement for stage 1 capping of upper embankment and access trail in progress.
Dan Mahoney Reserve Provisional Amount: $ 8,847,709	Site has been tested and presence of asbestos in soils confirmed. Site subject to Heart of Play Masterplan. WestInvest funding application for this site for $15 million to implement masterplan was unsuccessful. Site currently managed with interim management plan requiring good grass coverage and exclusion of areas where adequate grass coverage cannot be achieved. Site classified as a no-dig site. Design and further investigations for works that can be staged as funding becomes available scheduled for 2024 financial year.
Dalley Street Reserve Provisional Amount: $ 401,984	Site has been tested and presence of asbestos in soils confirmed. Site consists of a heavily vegetated and fully fenced parcel of land located between a Sydney Water managed canal and the rear of residential properties. Site will require capping. Site currently managed via controls including limiting public access, no-dig site.

The following sites are scheduled for investigations in the future. These investigations will determine whether remediation works are necessary.

Sites are prioritised for testing on the basis of risk assessments that consider existing site conditions, site usage, and the availability of evidence in relation to the possible receipt of James Hardie fill:

Reid Park Provisional Amount: $ 3,823,857	Site consists of a grassed area either side of a paved cycleway. Site is adjacent to several identified legacy sites (private properties). Currently managed as a no-dig site. Site to be tested in future.
Vineyard Creek Reserve Provisional Amount: $ 2,817,154	Site consists of heavily vegetated bushland area immediately adjacent to a golf course that has been identified as a potential recipient of legacy waste. Inspections have found no evidence of asbestos waste.
Pye Avenue Reserve Provisional Amount: $ 7,519,166	Site was recently declared a legacy site by EPA based on evidence provided by Council located in historic Hills Council files. Managed as a no-dig site. Inspections have found no evidence of waste in surface soils. Site to be tested on weight of evidence in historic files. Site known to have been a formal nightsoil depot.
James Ruse Reserve Provisional Amount: $ 4,296,207	Site was recently included within the boundaries of Legacy Site #4 due to historic connection to Experiment Farm reserve. Prior investigations at site (geotechnical, contamination, and archaeological) have found little evidence of extensive legacy filling, however, have not covered entirety of site. Site will be prioritised for investigations across extent of site to fill information gaps and determine if material is present requiring remediation. Now managed as a no dig site.

3. What sources are available to fund this work in addition to the ~ $1m Council is allocated in our annual capital expenditure budget so Councillors and the community can understand the plan to address the outstanding asbestos remediation work on public land?

Executive Director City Assets and Operations response:

Options for additional funding include:

· Grant funding. While there are currently no grants that focus on remediation, funding can be sought for embellishments or improvements to public lands with treatments occurring as part of grant funded works.

· Allocation of developer Contributions.

· Increasing the existing budget for remediation works (funded via general revenue).

During the approval of the Minutes of Audit Risk and Improvement Committee Meeting held on 17 November 2022, Councillor Bradley asked the following question:

What contribution would the State Government be requested to make in relation to the $30m? Or could staff follow-up as Council has previously requested supplementary funding from the State Government?

Executive Director City Assets and Operations response:

There has been no indication of how, or if, the State Government intends to provide funding for the remediation of public lands affected by legacy asbestos.

In 2017 the NSW Ombudsman report “Asbestos - How NSW government agencies deal with the problem - A Special Report to Parliament - April 2017” made the following recommendations in relation to James Hardie legacy sites:

ix. Recommendation: Testing be conducted on all sites listed in the Environmental Protection Authority, James Hardie Asbestos Waste Contamination Legacy, Summary Project Report. Where asbestos is identified, those sites should be remediated at NSW Government expense.

x. Recommendation: Residential sites found to contain appreciable quantities of friable asbestos should be acquired and/or remediated at NSW Government expense.

In October 2017, the NSW Government responded to the Ombudsman’s Report stating “The Government supports the Ombudsman’s Report in principle and is considering how best to progress the recommendations”.

To date, Council is aware that working groups consisting of members across a variety of government departments have been convened to consider and cost an appropriate approach.

Council was not invited to participate in this working party, and Council officers understand no position has been reached at this time. Council has advocated on this issue to LGNSW and the NSW Asbestos Coordination Committee (NACC), and it is understood that these bodies have advocated for Council and its affected residents where possible.

Council has provided feedback to Government agencies involved in the working group on the constraints affecting our capacity to remediate lands, including excessive fees such as the NSW Waste Levy, and the absence of grant funding for this purpose.

Council has previously written to the State Government seeking detail of how the state intends to implement the Ombudsman’s recommendations and advocating for Council and affected residents. Given the recent government change further advocacy to the new Premier and Ministers is proposed.

Item 13.1– Draft Delivery Program 2022-26, Operational Plan and Budget 2023/24, Long Term Financial Plan 2023-33.

During the discussion of Item 13.1 Draft Delivery Program 2022-26, Operational Plan and Budget 2023/24, Long Term Financial Plan 2023-33, Councillor Darley asked the following questions:

1. Could staff give reasons as to why there is an uneven increase (5%, 12% and 25%) in the fees and charges for PHIVE?

Executive Director Community Services response:

The PHIVE fees and charges were developed prior to the opening of PHIVE with the understanding that they would be reviewed during Year 1 operations and may be adjusted in line with operational requirements.

Following 6 months of operations it was identified that for the PHIVE larger flexible meeting rooms and event spaces (Civic Gallery, Maker Spaces and Active Wellness Studios) the labour costs associated with the set up and pack down requirements for each hirer’s brief were considerably more than the smaller standard meeting rooms in PHIVE.

The proposed increases in the fees and charges for the larger flexible spaces now reflect the true cost to serve and is inclusive of additional labour costs for set up and pack down of the spaces. The increases to the fees and charges for the larger flexible spaces has been applied consistently across all three fee categories (Commercial, Community, and Unfunded Not for Profit).

2. Why are community not-for-profit groups mostly paying the 25% increase?

Executive Director Community Services response:

The increase to the fees and charges for select PHIVE meeting rooms and event spaces has been applied consistently across all three categories (Commercial, Community, and Unfunded Not for Profit).

All community and Unfunded Not for Profit hirers are able to book whichever available PHIVE meeting room or event space meets their specific meeting or program delivery needs.

If select Unfunded Not for Profit hirers select to book the larger PHIVE meeting and event spaces, they would be subject to the proposed fee increase effective 1 July 2023. PHIVE venue staff regularly liaise with all community hirers to ensure that PHIVE spaces booked are appropriate to meet the specific needs of each individual hirer and the correct fees and charges are applied.

3. Could staff clarify why there are no four-hour free parking on Sundays in our Fees and Charges.

Executive Director Property & Place response:

The 4P free on Sundays in the Multi-Level Car Parks “MLCP” has been removed, to provide flexibility in moving to dynamic pricing within our MLCP which is in line with the approved car parking strategy.

15.2

SUBJECT LATE REPORT: Questions with Notice

REFERENCE F2022/03176 - D08977284

FROM Councillor Phil Bradley

QUESTION

1. Would you please provide me with separate typical energy cost savings figures per year for: our LED lighting; 100% renewable electricity PPA; and approximate energy savings per $1,000 spent on more LED lighting, on new rooftop solar PV (was about $250 for good sites), on solar PV on sunny car park areas (about $150?), on energy and water efficiency measures (still about $330?).

Executive Director City Assets and Operations response

Staff have estimated the typical cost savings per year for LED lighting, rooftop solar PV and water efficiency measures. Staff have calculations for Council’s forward capital works plan.

2. What would be our appropriate CO2-e emissions offset cost savings per $1,000 spent on solar rooftop PV?

Executive Director City Assets and Operations response

The Cost Savings provided is based on Council’s forecast 3-year capital works plan.

For LED Lighting (Buildings)

The estimated average payback period is 5.09 years. Over the next 3 years Council has a proposed $407k capital investment, this will provide an estimated $56k pa saving. This equates to approx. $138 saving pa per $1000 invested.

For LED Street lighting

For the current $4 million Australian Government funded capital grant investment (that is delivering 2000 LED’s and Smart controls in the LGA). The anticipated savings have been calculated as approximately $451,000 in Year 1 and approximately $7.2 million savings over their 20-year asset life. Council will also receive an anticipated $440,000 revenue from the Energy Saving Certificates (ESCs).

There will be an approximate 36,594 t CO2e- saved over the 20-year asset life. This equates to approx. $14,000 per annum in avoided Carbon offset purchase (international offset price). This equates to approx. $110 saving per annum per $1000 invested.

Energy Efficiency (non-lighting)

The estimated average payback 4.2 years. Over next 3 years our estimated $38,000 capital investment proposed with generate an estimated $14,000 per annum saving. This equates to approx. $368 saving per annum per $1000 invested.

Rooftop Solar PV

The estimated average payback period is 5.5 years. Over the next 3 years we have an estimated $433,000 capital investment proposed that will provide a estimated $78,000 per annum saving.

Plus, we anticipate to receive revenue for individual systems >100kw through Large Generation Certificates (LGCs). Estimated saving of 250 t CO2e- per year for this investment. This equates to approx. $2,000 per annum in avoided Carbon offset purchase (international offset price). This equates to approx. $180 saving per annum per $1000 invested.

100% renewable ESA (Electricity Supply Agreement)

By participating in the joint procurement with SSROC in 2022 and locking in prices, Council has anticipated an estimated $350,000 saving in the first 12 months of contract based on increasing electricity prices.

Water Efficiency

The price of potable water is still very cheap in Sydney at $2.50 per kilolitre (KL) in comparison to energy costs. The water efficiency upgrades applied to Council buildings and amenities may result in up to 30% saving in water consumption.

This equates to approx. $47 saving per annum per $1000 invested.

16. CLOSED SESSION

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.

4323

RESOLVED (Davis/Wearne)

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 Tender 07/2023: Riverside Theatres - State Significant Development and Design Excellence Consultancy. (D08931345) - This report is confidential in accordance with section 10A (2) (c) 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.

16.1

SUBJECT Tender 07/2023: Riverside Theatres - State Significant Development and Design Excellence Consultancy

REFERENCE F2022/03176 - D08931345

REPORT OF Development Manager; Development Manager Property Development Group; Group Manager City Design; People & Culture Manager; Riverside Theatre Director

4324

RESOLVED (Maclean/Davis)

(a) That Council appoint Arup as the preferred proponent of Tender 07/2023 to undertake the State Significant Development and Design Excellence Competition consultancy for the Riverside Theatres for the sum of $1.167m.

(b) That Council after execution of a contract with the preferred proponent, advise all unsuccessful tenderers on this matter.

(d) That Council in addition to the Tendered services accept the alternate offer for additional reports and award the additional services to the following successful Tenderers:

Report	Consultant
Aboriginal Cultural Heritage Assessment Report	Curio
Arborist	Tree iQ
Historical Archaeology	Curio
Biodiversity Development Assessment (waiver)	Arup
Construction Environmental Management Plan	Arup
Consultation	TBD
Contamination	TBD
Crime Prevention Through Environmental Design	Arup
ESD	Arup
Fire Engineering Statement	Arup
Surface Water, Integrated Water Management Strategy and Flood Risk Assessment	Arup
Noise and Vibration Impact Assessment	Arup
Statement of Heritage Impact	Curio
Structural statement	Arup
Transport Impact Assessment and Green Travel Plan	Arup
Visual Impact Assessment	Arup
Reflectivity Impact Assessment	Arup
Social Impact Assessment	Arup
Groundwater Impact and Geotechnical Assessment	Arup
Waste Strategy	Arup
Wind Assessment	Arup

(e) Further, that Council delegate authority to the Chief Executive Officer to finalise and execute all necessary contracts terms and documents in relation to this matter.

Procedural Motion

MOVE TO OPEN SESSION

4325

RESOLVED (Wearne/Noack)

That Council return to Open Session.

17. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer read out the resolutions for Item 16.1.

18. CONCLUSION OF MEETING

The meeting closed at 9:11pm.

THIS PAGE AND THE PRECEDING 16 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON Monday, 22 May 2023 AND CONFIRMED ON Tuesday, 13 June 2023.

Chairperson

Council 13 June 2023 Item 13.2

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.2

SUBJECT Installation of Creative Lighting and Endorsement of Plan of Management for Phillip Lane

REFERENCE F2022/03176 - D08939000

REPORT OF Place Manager

CSP THEME: THRIVING

workshop/briefing date: Nil

PURPOSE:

To advise Council of installation of a creative lighting treatment in Phillip Lane, for Council to endorse a Plan of Management (POM) for the future activation of Phillip Lane, and for Council to endow key ‘Eat Street’ precinct laneways with vibrant wall-art (‘murals’).

RECOMMENDATION

(a) That Council notes the installation of a creative lighting treatment in Phillip Lane, Parramatta.

(b) That Council endorses future activation of Phillip Lane per the Plan of Management provided at Attachment 1.

(c) That, to incentivise outdoor dining in Phillip Lane, Council waives outdoor dining fees for Phillip Lane from 1 October 2023 to 31 March 2024.

(d) That, Council allocates $80,000 from the unspent 2022-23 Façade Improvement Grant funds into the 2023-24 financial year to 100% fund and deliver wall art (‘murals’) on private land facing into key ‘Eat Street’ precinct laneways namely Oyster Lane, Freemasons Arms Lane, and Phillip Lane.

(e) Further that, Council approves wall art (‘murals’) works to be carried out on private land facing into key ‘Eat Street’ precinct laneways namely: Oyster Lane, Freemasons Arms Lane, and Phillip Lane.

BACKGROUND

1. In late 2020 and early 2021, the City of Parramatta activated Phillip Lane in the Parramatta CBD with outdoor dining with funding through a grant from the NSW State Government’s ‘Streets as Shared Spaces’ scheme. At the time, ‘Eat Street’ restaurant shopfronts facing into Church Street and could not be used for outdoor dining due to Parramatta Light Rail construction. The project was initiated with the objective of supporting affected ‘Eat Street’ restaurants by providing additional outdoor dining space in the laneway behind their shopfronts (whilst also addressing COVID-19 social distancing requirements).

2. In April 2021, Council was advised that it was a successful recipient of funding under the NSW State Government’s ‘Your High Street’ grant scheme, which sought, amongst other things, to enable permanent infrastructure to support temporary activations trialed under the ‘Streets as Shared Spaces’ grant scheme.

3. On 24 May 2021, an Evaluation Report detailing the success of the initial outdoor dining trial and recommended use of the ‘Your High Street’ funding was reported to Council. Council resolved to approve next steps for the project to deliver future embellishment to Phillip Lane including improved laneway lighting with decorative elements, street art/murals on the rear façade of the buildings adjacent to Phillip Lane, and a means of restricting vehicular access at times of activation being a retractable bollard (or similar) at the entry of Phillip Lane.

4. Between August and December 2021, Council ran a competitive Expression of Interest process seeking a suitably qualified and experienced light artist to lead a design, fabrication, and installation process for feature lighting within Phillip Lane. 17 expressions of interests were received, and four teams were selected and paid a concept honorarium to develop their concepts.

5. In December 2021, the four lighting concepts were publicly exhibited with ‘Burra burawa burring gili’ (‘Eel above countless generations of starlight’) by Cundall Light4 in collaboration with Dharug Elder Uncle James Carroll and Awabakal man Matt Fellingham being the most popular by a considerable margin.

6. Following detailed design and fabrication, the lighting was installed in Phillip Lane in early 2023 as shown in the images below. The lighting is programmable to display various colours and can be themed for special events.

Figure 1 - Lighting Installation in Phillip Lane titled 'Burra burawa burring gili’ (eel above countless generations of starlight)

7. At the 24 May 2021 Council Meeting, Council also resolved to support “street art/murals on the rear façade of the buildings adjacent to Phillip Lane” and “approve the works to be carried out on private land, including funding 50% of the total cost of the private works, to a maximum dollar value of $10,000 per rateable property for each of the 11 properties facing onto the laneway.” This 50% incentive is a larger incentive than the 30% incentive (up to $20,000 per rateable property) offered under Council’s existing Façade Improvement Grant program that can also be utilised to deliver street art / murals. Council has written to all landowners within the laneway inviting them to deliver wall art on the rear of their buildings, offering to fund 50% of costs up to a maximum $10,000 per property. To date no landowner has taken up the offer to deliver wall art.

ISSUES/OPTIONS/CONSEQUENCES

8. The location of Phillip Lane adjacent to Church Street and the identification of the laneway for future activation under the Parramatta Local Environmental Plan 2011 make it a strategic site for Council to explore opportunities for permanent improvements. Barriers to ongoing activation include waste management, and the need to maintain vehicular access to provide sites at the rear of the laneway, including the ParkRoyal Hotel loading dock. These matters are addressed in the Plan of Management; see Attachment 1.

9. Council cannot close Phillip Lane to vehicular traffic on a permanent basis due to the existing vehicle access rights of 320 Church Street and 28 Phillip Street.

10. Under the POM businesses are required to submit landowner’s consent for outdoor dining activities along Phillip Lane, with their Outdoor Dining Application. Such consent is in the form of an acknowledgement from the relevant private landowner that private vehicle access will be restricted during times of Outdoor Dining. To date, no private landowner’s consent has been obtained. However, the new POM sets the future framework for establishing an approval process from the relevant landowners, for future activation of the Philip Lane.

11. Section 67 of the Local Government Act 1983 (‘LGA’) addresses the subject matter of private works on private land. The delivery of wall art on private property needs to be in accordance with subsection 67(2)(b) of the LGA, which prescribes the fees for such works to be by resolution of Council.

A Council resolution dated 24 May 2021 established approved fees and charges. The 24 May 2021 Council resolution offered a rebate of 50% of costs, up to a maximum $10,000, per property facing into Phillip Lane. Given there was no take-up of that incentive, this Council report proposes that Council covers 100% of the costs of delivering wall art/murals on the private property.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
23 August 2021	Landowners	Council wrote to all landowners within the laneway inviting them to deliver wall art on the rear of their buildings, offering to fund 50% of costs up to a maximum $10,000 per property. This was followed-up in various on-site meetings as the project progressed.	No take-up by landowners.	Place Services
December 2021	Community Consultation	The most popular concept elected by 56% of people was ‘Burra burawa burring gili’ (eel above countless generations of starlight) by Cundall Light4.	The Cundall Light4 concept was chosen as preferred concept for lighting.	Place Services
26 September 2022	Businesses and landowners	Briefing provided about detailed design of the project onsite in Phillip Lane.	Concept progressed incorporating feedback.	Place Services
27 April 2023	Businesses and landowners	Briefing provided following delivery of lighting and content of Plan of Management	Feedback incorporated into updated Plan of Management.	Place Services

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 May 2021	Council Meeting	Council resolved (among other things) to install permanent creative lighting in Phillip Lane.	Lighting has been installed in early 2023.	Place Services
Monthly Ward Briefings	Parramatta Ward Councillors	Councillors provided with regular project updates.	Concept progressed incorporating feedback.	Place Services
2 May 2023	Councillor Workshop	The project was generally supported. Queries raised about prioritising other laneways for activation, whether additional external vendors could or would be brought in, or whether the laneway could service additional restaurants.	Phillip Lane prioritised for activation due to planning controls. Bringing in additional external vendors not encouraged as this would provide competition to existing businesses. The Plan of Management invites outdoor dining applications from any interested restaurant food and beverage retailer in the Eat Street precinct.	Place Services

LEGAL IMPLICATIONS FOR COUNCIL

There are no legal implications in this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

14. Capital costs for the installation of creative lighting in Phillip Lane were funded entirely by the ‘Your High Street’ grant. A means of restricting vehicular access at times of activation (such as a retractable bollard or similar) at the entry of Phillip Lane was not delivered due to the need to deliver the lighting project within available grant funding, noting a significant increase in steel costs during the delivery of the project.

15. Operational costs for maintaining the lighting and depreciation of the asset were previously considered in the 24 May 2021 Council Report.

16. Additional operational costs associated with the approval of the Plan of Management shown in the table below are based on the following assumptions:

a. The Plan of Management waives outdoor dining fees for the initial term. Future external revenue from outdoor dining fees based on estimated use of 300 square metres of possible outdoor dining space, at $239.72 per square metre per annum, proportioned to 42 possible trading days is $8,275.

b. External costs include traffic closure estimated at $750 per day for 42 possible trading days.

c. Internal costs estimated at 3 hours per week for a Local Business Liaison Officer and 2 hours per week for CBD Key Precincts Ranger covered by the existing establishment.

17. Noting that there was no take-up for wall art by private property owners or tenants at a 50% incentive, this report recommends that Council allocate (carry over) $80,000 in unspent grant funds from the 2022-23 Façade Improvement Grant into the 2023-24 financial year to fund and deliver wall art (‘murals’) on private property facing into key ‘Eat Street’ precinct laneways namely Oyster Lane, Freemasons Arms Lane, and Phillip Lane.

18. 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		$111,500
Internal Costs
Depreciation
Other
Total Operating Result		($111,500)

Funding Sources		Façade Improvement Grant ($80,000) and Place Services Materials and Contracts ($31,500)

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Christopher Patfield

Place Manager

Bruce Mills

Group Manager Place Services

Bryan Hynes

Executive Director Property & Place

Caroline Nuttall

Acting Group Manager Legal Services

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩

Plan of Management - Phillip Lane

3 Pages

REFERENCE MATERIAL

Council 13 June 2023 Item 13.3

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.3

SUBJECT Deferred Item from Council Meeting of 13 March 2023: Proposed Suburb Boundary Adjustment between Harris Park and Parramatta

REFERENCE F2022/03176 - D08904441

REPORT OF Senior Project Officer Place Services

CSP THEME: THRIVING

workshop/briefing date: Rosehill Ward Councillor Briefing 6 February 2023.

PURPOSE:

To decline a 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.

RECOMMENDATION

(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.

BACKGROUND

1. The Team at Council responsible for assessing the applications for boundaries of suburbs is the Survey and Property Systems Team. The Survey and Property Systems Team makes recommendations whether changes to boundaries are required based on problems with geo-locating, or difficulties with people finding property addresses. Decisions in boundary changes are made via a Council Resolution.

2. The Geographical Names Board (GNB) manages address locality names and boundaries for NSW. To achieve comprehensive addressing objectives, it is vital that address locality names and boundaries are clear and unambiguous. Section 6.8 of the NSW Address Policy and User Manual (APUM) provides policy and guidelines related to Address Locality Naming and Boundaries.

3. In late September 2020, ALAND Development on behalf of the ‘Parkes 88’ development at 14-20 Parkes Street, Harris Park, submitted to Council’s CBD Planning Team a boundary request change between the suburbs of Harris Park and Parramatta.

a. At the time, Council’s CBD Planning team were exhibiting the Parramatta CBD Planning Proposal. The land at the ‘Parkes 88’ development site was shown by Council as being within the Parramatta CBD Planning Proposal Land Application Map which comprises land parcels within both the Parramatta and Harris Park suburbs (refer to Parramatta CBD Planning Proposal Land Application Map - Attachment 1).

b. ALAND Development, on behalf of the ‘Parkes 88’ development, sought Council’s support to include 14-20 Parkes Street, Harris Park, in an amended Parramatta suburb boundary as the site was identified within the Parramatta CBD Planning Proposal.

c. At the time, Council’s CBD Planning Team advised 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.”

d. As a boundary adjustment to realign the suburb boundary between Parramatta and Harris Park to include properties north of Parkes Street, Harris Park was not supported by officers, the developers of ‘Parkes 88’ were advised that the boundary adjustment request was not supported and would not be progressed.

4. The following information is noted regarding the boundary change request submitted on behalf of the developers of ‘Parkes 88’.

e. The Geographical Names Board of NSW (GNB) stipulates in the NSW Address Policy and User Manual (APUM) - 6.8.4. Boundary Definition -

“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.”

f. The locality size of Harris Park (65 hectares) is already significantly less than the minimum locality size (100 hectares) provided by GNB, whilst the Parramatta locality covers 548 hectares (refer to Site Map - Attachment 2). Altering the northern boundary of Harris Park would further reduce the footprint of the Harris Park locality by approximately 1000 square metres.

g. A further reduction of the locality of Harris Park is in consistent with GNB guidelines and, in Council officers’ experience, unlikely to be supported by GNB. However, the GNB is the ultimate decision-maker.

h. To date, the Survey and Property Systems Team has not received complaints or issues with geo-locating or wayfinding of property addresses with postal deliveries or utilities due to addresses located in Harris Park.

i. Changing locality/suburbs may cause confusion, as this would impact several property owners and businesses which would need to change their address from Harris Park to Parramatta.

j. There is no identified benefit to Council or service delivery to the community in a boundary adjustment to realign the suburb boundary between Parramatta and Harris Park to include properties north of Parkes Street, Harris Park.

5. On 14 October 2022 the Parramatta CBD Planning Proposal came into effect as Amendment 56 to the Parramatta Local Environmental Plan 2011.

6. On 3 November 2022, a second request from the developers of ‘Parkes 88’ for a boundary change between Harris Park and Parramatta to include properties north of Parkes Street, Harris Park, was submitted to Council.

a. This new proposal is essentially the same as the September 2020 proposal, except that the developers of ‘Parkes 88’ have completed some elements of community consultation.

b. The partial community consultation completed by the developers of ‘Parkes 88’ does not change the process for a boundary amendment request if Council determined to progress this request with the Geographical Names Board of NSW (GNB).

c. The NSW GNB provides guidance for NSW councils considering a boundary change request under the provisions of the Geographical Names Act 1966, section 7.1.3 Consulting on a Proposal -

“Address Localities

Under the provisions of the Geographical Names Act 1966, the GNB is responsible for address locality name and boundary determination.

Principles outlined in Chapter 6 - Section 6.8 - Principles of Address Locality Naming shall be followed when creating new or amending existing address locality names/boundaries.

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.

The level and form of consultation by the GNB can vary depending on the proposal, as follows:

• Where a proposal will affect more than 20 parcels or owners/occupiers and/or includes a name change or creation of a new address locality, the proposal must be advertised by the GNB.”

d. The boundary amendment proposal will impact at least 373 existing residents as well as businesses and residents currently located in Parramatta and Harris Park.

ISSUES/OPTIONS/CONSEQUENCES

7. With the guidance of GNB’s 6.8.4. Boundary Definition -

b. 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.

8. The locality size of Harris Park (65 hectares) is already significantly less than the minimum locality size (100 hectares) provided by GNB, whilst the Parramatta locality covers 548 hectares (refer to Site Map - Attachment 2). Altering the northern boundary of Harris Park would further reduce the footprint of the Harris Park locality by approximately 1000 square metres.

9. A further reduction of the locality of Harris Park is inconsistent with GNB guidelines and, in Council officers’ experience, unlikely to be supported by GNB. However, the GNB is the ultimate decision-maker.

10. To date, the Survey and Property Systems Team have not received issues with geo-locating or wayfinding of property addresses with postal deliveries or utilities due to addresses located in Harris Park.

11. Changing locality/suburbs may cause confusion, as this would impact several property owners and businesses which would need to change their address from Harris Park to Parramatta.

12. There is no identified benefit to Council or service delivery to the community in a boundary adjustment to realign the suburb boundary between Parramatta and Harris Park to include properties north of Parkes Street, Harris Park.

13. If Council was to consider a boundary adjustment, the adjustment should expand the size of the Harris Park locality to be more in-line with GNB guidelines.

14. In such a scenario, this would involve the entirely of the northern boundary to Hassall Street being considered part of the Harris Park locality, and the locality boundary would be consistent with the centre line of the road. Noting the comments in paragraphs 8-10 of this report, and that there is no identified community sentiment or preference to expand the suburb locality of Harris Park into the suburb locality of Parramatta, this is not an officer recommendation.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
September & October 2020	Project Officer, Strategic Land Use Planning	CBD Planning Proposal does not intend to make changes to suburb boundaries or names.	Noted and will be captured in Council Report.	Place Manager, Place Services
October 2020 – March 2021	Supervisor Survey and Property Systems	There are no issues with property addresses and geo-location of places.	Noted and will be captured in Council Report.	Place Manager, Place Services
November 2022	Project Officer, Strategic Land Use Planning	CBD Planning Proposal does not intend to make changes to suburb boundaries or names.	Noted and will be captured in Council Report.	Senior Project Officer, Place Services
November 2022	Supervisor Survey and Property Systems	There are no issues with property addresses and geo-location of places.	Noted and will be captured in Council Report.	Senior Project Officer, Place Services

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
06/02/2023	Rosehill Ward Councillors	Support staff recommendation	Prepare report to Council	Senior Project Officer, Place Services

LEGAL IMPLICATIONS FOR COUNCIL

17. Legal Services has reviewed this report and there are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

18. If Council resolves to approve this report in accordance with the proposed resolution, there are no unbudgeted financial implications for Council’s budget.

19. 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	NIL

Funding Source

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

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	NIL

Kim Marsh

Senior Project Officer Place Services

Beth Andean

Place Manager - Coordinator

Bruce Mills

Group Manager Place Services

Caroline Nuttall

Acting Group Manager Legal Services

Bryan Hynes

Executive Director Property & Place

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩	Attachment 1 - Parramatta CBD Planning Proposal - Land Application Map (LAP)	1 Page
2 ⇩	Attachment 2 - Proposed Boundary Amendment Plan	1 Page

REFERENCE MATERIAL

Council 13 June 2023 Item 13.4

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.4

SUBJECT Post Exhibition: Adoption of Councillor Expenses and Facilities Policy 2023

REFERENCE F2022/03176 - D08930435

REPORT OF Policy Officer

CSP THEME: FAIR

workshop/briefing date: Councillor Workshop – 22 March 2023

PURPOSE:

To consider the submissions received during the public exhibition of the draft Councillor Expenses and Facilities Policy (Policy 217), and to seek Council’s endorsement to adopt the Policy.

RECOMMENDATION

(a) That Council receives and notes the submissions received following public exhibition.

(b) Further, that Council adopts the Councillor Expenses and Facilities Policy 2023 as attached to this report.

BACKGROUND

1. On 11 April 2023, Council resolved to place the draft Councillor Expenses and Facilities Policy (Policy 217) on public exhibition for a period of 28 days, as prescribed under the Local Government Act 1993.

2. The draft Policy was placed on public exhibition for a period of 28 days, from 12 April -11 May 2023. Submissions on the draft Policy were invited from members of the public by contacting Council’s Governance Team directly or by using Council’s Participate Parramatta portal. Printed copies of exhibition materials were also made available for viewing at Council’s library branches and Customer Service Centre.

ISSUES/OPTIONS/CONSEQUENCES

3. During the public exhibition period, 7 submissions were received, generally in support of the draft Policy.

4. The submissions are summarised in the table below, with a staff response provided for each submission:

Submission Number	Submission Comment	Staff Response
1	Generally supportive the draft Policy. No additional feedback provided.	Noted.
2	Generally supportive of the draft Policy. Provided general recommendations of matters to address in Council’s Policy, including to: a. Clearly define the expenses and facilities that are allowable for Councillors to use. b. Establish a process for reviewing and approving claims to ensure they are reasonable and necessary. c. Require Councillors to provide detailed justifications for claims, including how they benefit the community. d. Provide training for Councillors on the policy. e. Establish a clear process for reporting and investigating any breaches of the policy, including specifying consequences.	Verified that all recommendations have already been addressed in draft Policy. Forwarded supplementary recommendations regarding training to relevant officers for consideration.
3	Generally supportive of the draft Policy. Additional commentary provided regarding legislative requirements for the role of the Lord Mayor.	Noted. Forwarded supplementary comments regarding legislative framework to relevant officers to provide clarification.
4	Generally supportive of the draft Policy. No additional feedback provided.	Noted.
5	Generally supportive of the draft Policy. Recommended that each expense claim should be reported annually.	Noted. Provided clarification regarding reporting provisions in the draft Policy, and legislative requirements for reporting expense claims.
6	Generally supportive of the draft Policy. No additional feedback provided.	Noted.
7	Generally supportive of the draft Policy. Provided general recommendation to ensure the appropriate use of funds.	Noted. Confirmed measures taken during review to further strengthen Policy framework.

5. Council officers do not propose any changes to the draft Policy resulting from the submissions.

6. The Councillor Expenses and Facilities Policy recommended for adoption is provided at Attachment 1.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
15 March 2023	Internal Ombudsman (IOSS)	Provided recommendations to further strengthen policy’s procedural framework, to support accurate implementation, and to ensure alignment with the applicable Office of Local Government Model Policy provisions.	Noted and most recommendations incorporated into draft Policy placed on public exhibition. Clarification provided where recommendations not feasible under Council’s structure.	Governance + Executive Support Unit
12 April-11 May 2023	Public Exhibition	7 submissions received, generally in support	Noted and clarification provided where requested. No changes have been proposed to the draft Policy as a result of the submissions received.	Governance

Councillor Consultation

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

Date

Councillor

Councillor Comment

Council Officer Response

Responsibility

22 March 2023

Councillor Workshop

Councillors provided feedback on the proposed changes to the Policy. Councillors proposed the following amendments:

a. Clause 6.49: Broaden provision so that Council will meet the related cost for any Councillor to lay a tribute at memorials or services.

b. Clause 6.75: increase provision for costs associated with home office printer ink cartridges from $500 per Councillor per Term Year to $750.

c. Clause 8.1(a): Retain provision of computer terminals as facility under furnishings for Councillors’ common area.

d. Clause 8.1(b): Retain specification of facility of “shared private workspaces”.

e. Clause 8.2 and former clause 8.4: Remove budget limit specification for covering the cost of meetings rooms in Council facilities, for the purposes of Councillors meeting with constituents or otherwise fulfilling their civic duties.

f. Clause 8.11: Increase provision for festive cards from 200 cards per Councillor per Term Year to 400 cards.

Feedback noted and all recommended amendments reflected in the draft Policy placed on public exhibition

Executive Support Unit + CEO

LEGAL IMPLICATIONS FOR COUNCIL

9. The draft Policy was reviewed by Legal Services and no legal concerns were raised.

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

FINANCIAL IMPLICATIONS FOR COUNCIL

11. 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 adoption of this draft Policy.

Melissa McIsaac

Policy Officer

Justin Mulder

Chief of Staff

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

1 ⇩

For Adoption - Councillor Expenses and Facilities Policy 2023

32 Pages

REFERENCE MATERIAL

Council 13 June 2023 Item 13.5

REPORTS TO COUNCIL - FOR COUNCIL DECISION

ITEM NUMBER 13.5

SUBJECT Lord Mayor and Councillor Remuneration for 2023/24

REFERENCE F2021/02778 - D08990129

REPORT OF Executive Officer

CSP THEME: FAIR

workshop/briefing date: Nil

PURPOSE:

To provide advice on the 2023 Local Government Remuneration Tribunal Determination and set the annual fees payable to the Lord Mayor and Councillors for the 2023/24 financial year.

RECOMMENDATION

(a) That Council confirm the setting of the Lord Mayor and Councillor annual fees for the period 1 July 2023 to 30 June 2024 at the maximum permissible levels, being $118,210 and $36,590 respectively.

(b) That Council note the resolution of 27 June 2022 which confirmed the Lord Mayor and Councillors will receive superannuation contribution payments from 1 July 2022, in accordance with Section 254B of the Local Government Act 1993.

(c) That Council note that as of 1 July 2023, the superannuation guarantee rate will be 11 per cent, with the Lord Mayor contribution payment to be $13,003.10 and Councillor contribution payments to be $4,024.90 for the 2023/24 financial year.

(d) Further, that the Chief Executive Officer apply to the Local Government Remuneration Tribunal for Council’s classification to be amended to enable the City of Parramatta to be in the highest category of general purpose councils (Principal CBD), in recognition of the City of Parramatta’s growing regional, national and international significance.

BACKGROUND

1. The Local Government Act 1993 (the Act) requires the Local Government Remuneration Tribunal (the Tribunal) to report to the Minister for Local Government each year on its determination of categories of councils and the minimum and maximum amounts of annual fees to be paid to mayors, councillors, and chairpersons and members of county councils.

2. The Tribunal has determined an increase of 3% in the minimum and maximum mayoral and councillor fees for the 2023/24 financial year, with effect from 1 July 2023.

3. Section 239 of the Act requires the Tribunal to determine the categories of councils and mayoral officers at least every 3 years. In accordance with the Act the Tribunal undertook a review of the categories and allocation of councils into each category as part of this review.

4. Accordingly, the categories for general purpose councils were determined as follows:

Metropolitan	Non-Metropolitan
Principal CBD	Major Regional City
Major CBD	Major Strategic Area
Metropolitan Major	Regional Strategic Area
Metropolitan Large	Regional Centre
Metropolitan Medium	Regional Rural
Metropolitan Small	Rural Large
	Rural

5. Each council is allocated into one of these categories based on criteria identified by the Tribunal, with City of Parramatta determined as a Major CBD.

6. Pursuant to Section 241 of the Act, the annual fees to be paid to councillors and mayors for the Major CBD category effective on and from 1 July 2023 have been determined as follows:

Councillor / Member Annual Fee

Mayor / Chairperson Annual Fee

Minimum

Maximum

Minimum

Maximum

Major CBD

2023/24

$19,760

$36,590

$41,960

$118,210

7. The Local Government Amendment Act 2021 (Amendment Act) was passed by NSW Parliament on 13 May 2021, providing councils the option to make superannuation contribution payments for councillors from 1 July 2022 in amount to superannuation guarantee payments.

8. At its Council Meeting of 22 June 2022, City of Parramatta resolved to pay the Lord Mayor and Councillors superannuation contributions payments, in accordance with Section 254B of the Act.

9. The superannuation contribution payments to be paid to the Lord Mayor and Councillors for the 2023/24 financial year are $13,003.10 and $4,024.90, respectively.

ISSUES/OPTIONS/CONSEQUENCES

10. A Council cannot fix a fee higher than the maximum amount determined by the Tribunal and all councillors must be paid the same fee.

11. Section 249 (2) of the Act stipulates that payment of a mayoral fee is in addition to the fee paid to the incumbent in their councillor capacity.

12. If a council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

13. Where a council has resolved to make superannuation contribution payments for its Councillors, the amount of the payment is to be the amount the council would be required to contribute under the Commonwealth Superannuation Guarantee (Administration) Act 1992 as superannuation if the Councillors were employees of the council.

14. As of 1 July 2023, the superannuation guarantee rate will be 11 per cent. The rate will increase by half a per cent each year until 1 July 2025 when it reaches 12 per cent.

CONSULTATION & TIMING

Stakeholder Consultation

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

Date	Stakeholder	Stakeholder Comment	Council Officer Response	Responsibility
10 May 2023	Office of Local Government	Issue of 23-03 – 2023/24 Determination of the Local Government Remuneration Tribunal	Preparation of Council Report to confirm setting of annual fees and notification to Councillors	Executive Officer
May 2023	Finance Business Partners	Nil	Tribunal report provided to Finance Business Partners, advising of upcoming Council report and proposed Councillor fee and superannuation payment figures	Executive Officer
24 May 2023	Governance	Nil	Confirmation to Governance of Council Report for 13 June Council Meeting to endorse annual fees and confirm legislative compliance	Executive Officer

Councillor Consultation

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

Date	Councillor	Councillor Comment	Council Officer Response	Responsibility
24 May 2023	All Councillors	Nil	Tribunal report provided to all Councillors, advising of 2023/24 determination and upcoming Council report to confirm annual fees.	Executive Officer

LEGAL IMPLICATIONS FOR COUNCIL

17. There are no legal implications for Council associated with this report.

FINANCIAL IMPLICATIONS FOR COUNCIL

18. If Council resolves to approve this report in accordance with the proposed resolution, the financial impact on the budget is set out in the table below.

19. The payment of Councillor annual fees is sourced from the existing Council Support (126000) Budget, with the total fee increase on the FY2022/23 figure being $19,427.

20. The total revised budget for Councillor annual fees for the FY2023/24 is $667,060. An adjustment to the draft FY2023/24 budget of $3,304 is required as an increase of only 2.5 per cent by the Tribunal was forecast in the preparation of the draft budget.

21. The forecast total figure for the payment of superannuation contributions at a rate of 11 per cent for the FY2023/24 is $73,376.60. An adjustment to the draft FY2023/24 budget of $5,036.60 is required as the draft was based on a 2.5 per cent increase by the Tribunal and the previous guarantee rate of 10.5 per cent.

22. The total adjustment required to the draft FY2023/24 budget is $8,340.60.

23. The financial impacts to the draft budget, as set out in this section, will be included in the draft FY2023/24 budget to be presented to Council on 26 June 2023.

24. 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	Nil	Nil

Funding Source

Operating Result
External Costs
Internal Costs		($8,341)
Depreciation
Other
Total Operating Result	Nil	($8,341)

Funding Source		General Funds

CAPEX
CAPEX
External
Internal
Other
Total CAPEX	Nil	Nil

Bronwyn Pullen

Executive Officer

Justin Mulder

Chief of Staff

John Angilley

Executive Director Finance & Information

Gail Connolly

Chief Executive Officer

Attachments:

There are no attachments for this report.

REFERENCE MATERIAL

Council 13 June 2023 Item 14.2

NOTICE OF MOTION

ITEM NUMBER 14.2

SUBJECT Increase In Trees/Plants Available to Residents and Businesses in the Annual Tree/Plant Giveaway

REFERENCE F2022/03176 - D08992975

FROM Councillor Ange Humphries

MOTION

(a) That the CEO prepare a report to Council to investigate options and the viability of expanding Council’s free tree/plant giveaway day and that the report include, but not be limited to:

i. Options and potential costs of increasing the number of free trees/plants given away;

ii. Options to include local businesses from within the local government area as part of the giveaway day; and

iii. Options to vary the type of trees and plants given away, such as the potential inclusion of non-native plants such as food/fruit trees or seasonal vegetable plants in the program.

(b) Further, that the report be presented to Council in time to consider these options before the next scheduled tree/plant giveaway on 30 July 2023.

BACKGROUND

1. Council must lead the industry to create a strong track record of prioritising environmental sustainability. One successful community engagement is Council's ‘National Tree Day’, celebrated by a free tree/plant giveaway. These events are common in the NSW Local Government Industry, as is provides an effective method of engaging the community to achieve strategic goals. This event always receives positive feedback as it allows residents to opt into contributing to greening our city and beautifying the suburbs, aligning with the goals of our Environmental Sustainability Strategy.

2. As Parramatta continues to transform, up to 70% of our city will live in high density dwellings over the next twenty years, and private land tree canopy will continue to reduce. This motion enables staff and Council to explore the feasibility of expanding the Council's free tree/plant giveaway day to meet the needs of our changing community.

3. The motion will bring a report to the chamber that will examine several key aspects of the program's expansion. It is essential that the report consider the options and associated costs with the expansion so that any decision is financially sustainable.

4. To enable potential implementation of the report's recommendations, it is expected to be presented to Council as soon as practicable so that any changes can begin to be implemented at the next scheduled tree/plant giveaway day on 30 July 2023. The Council must maintain its commitment to environmental sustainability and community well-being, and the proposed motion reflects the Council's dedication to creating a greener, more vibrant city for its residents.

Ange Humphries

Councillor

STAFF RESPONSE

1. A staff response will be provided in a Supplementary Agenda and circulated to Councillors prior to the Council Meeting.

FINANCIAL AND RESOURCE IMPLICATIONS

2. If Council resolves to approve this Notice of Motion in accordance with the proposed resolution, the financial impact on the budget are set out in the table below.

3. 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.

4. The table below summarises the financial impacts on the budget arising from approval of this Notice of Motion.

	FY 20/21	FY 21/22	FY 22/23	FY 23/24
Operating Result
External Costs
Internal Costs
Depreciation
Other
Total Operating Result

Funding Source

CAPEX
CAPEX
External
Internal
Other
Total CAPEX

Funding Source

Ange Humphries

Councillor

John Warburton

Executive Director, City Assets & Operations

Gail Connolly

Chief Executive Officer

Attachments:

There are no attachments for this report.

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.

Date	Councilor	Councilor Comment	Council Officer Response	Responsibility
6^th Jun 2023	Finance Committee	NA	March reforecast to be discussed.	Finance/CFIO

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