Minutes

 


Council Meeting

Monday, 14 August 2023

6.30pm

 

 

 

 

Council Chamber

Level 4, PHIVE

Parramatta Square, Parramatta

 

 

 

 

 

 

 

 

 

 

 

 

 


PRESENT

COUNCIL MEMBERS

The Lord Mayor, Councillor Sameer Pandey and Councillors Phil Bradley, Kellie Darley, Pierre Esber, Michelle Garrard, Henry Green, Ange Humphries, Deputy Lord Mayor (DLM) Cameron Maclean, Dr Patricia Prociv, Dan Siviero, Georgina Valjak and Lorraine Wearne.

 

1.    OPENING MEETING

The Lord Mayor, Councillor Pandey, opened the meeting at 6:30pm.

 

2.    ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND

The Lord Mayor, Councillor Pandey, 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, Councillor Pandey, advised that this public meeting is being recorded and streamed live on the internet. The recording will also be archived 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

4438

RESOLVED (Councillor Esber and DLM Councillor Maclean)

That the apologies received from Councillors Davis, Noack and Wang be accepted, and a leave of absence granted for each Councillor.

Record of Voting:

For the Motion: Unanimous

 

 


 

6.    CONFIRMATION OF MINUTES

Minutes of the Council Meeting held on 24 July 2023

 

4439

RESOLVED (Councillor Humphries and Councillor Prociv)

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

Record of Voting:

For the Motion: Unanimous

 

 

7.    DISCLOSURES OF INTEREST

There were no Disclosures of Interest made at this meeting.

 

7A

CONDOLENCE Vale Alan Overton AM OAM

                                                                                   

4440

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Garrard)

The Lord Mayor, Councillor Pandey acknowledged the recent passing of Mr Alan Overton AM OAM, a local community hero in our City of Parramatta.

Former Chairman of the Parramatta Eels and Parramatta Leagues Clubs between 1988 and 2009, Alan held important leadership roles in a number of Parramatta-based community organisations including:

·         Parramatta Stadium and Parramatta Park Trust

·         Parramatta City Sports and Recreation

·         Parramatta Chamber of Commerce

·         NSW and Cumberland Area Scout Associations

·         7th Paramatta Handy Cap Scouts, 1st Mays Hill Scouts and Scouts Gang Show

·         Red Cross Calling Committee

·         Daybreak Rotary Club

·         Ronald McDonald House

·         The Millennium Foundation for Medical Research at Westmead Hospital

·         NSW Rugby League Ltd and Two Blues Rugby Club

·         Power Soccer club

·         Cricket Club

·         Swimming Club

·         Leagues Fishing Club

·         Junior Eels

·         NSW Wheelchair sports association and Wheelchair Rugby League

·         PCYC

·         Corrective services consultative committee

·         Community development support expenditure clubs committee

·         police accountability committee

·         Community Services and Information Centre

He was recognised for his generous service to the Parramatta community, receiving an AM, OAM, Australian Centenary Medal, National Service Medal, Inaugural Jack Martin Leagues Club Award, Community Father of the Year Award, Award for Business Excellence, Benefactor for the Royal Alexandria Hospital for Children, President’s Award for NSW Sports Council for the Disabled, National Scouts Presidents Award and Chief Commissioner’s Award for Service to Scouting. The Alan Overton Award is presented each year to an adult member who goes above and beyond to deliver scouting in the Greater Western Sydney region. He also carried the Olympic Torch at the Sydney Olympic Games in 2000 on the South Coast - region he chose ahead of his beloved Parramatta in tribute to an ill child at Ronald McDonald House.

Born in 1937, Alan was the second eldest of eight children and grew up in Granville. He undertook National Service at 18, then worked for James Hardie & Co for 47 years.

Alan died on 28 July 2023 and leaves behind his wife Merle, children Karen, Craig and Grant, and 11 grandchildren. On behalf of Council, I extend our deepest condolences to Alan’s family and friends. In lieu of flowers, Alan’s family requested donations to Ronald McDonald House and so we have made a small contribution of $1,000 in tribute.

Alan’s legacy in our City will live on and he will be missed.

 

Note:          A minute’s silence was observed by all present.

 

8.    Minutes of the Lord Mayor

8.1

Congratulations to the Diamonds and the Matildas for world class

sporting success

(Report of The Lord Mayor Councillor Sameer Pandey)

 

4441

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Garrard)

(a)     That Council congratulates the Australian Diamonds for winning the Netball World Cup for the 12th time.

(b)     That Council congratulates the Matildas for their historic achievement of advancing to the 2023 FIFA Women’s World Cup semi-final and note the additional ‘Live Site’ activations across the City of Parramatta.

Record of Voting:

For the Motion: Unanimous

 

 


 

8.2

180th Anniversary of the Proclamation of Parramatta District Council

(Report of The Lord Mayor Councillor Sameer Pandey)

 

4442

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Wearne)

That Council commemorate the 180th Anniversary of the Proclamation of Parramatta District Council on 24 August 2023 and acknowledge City of Parramatta’s long civic history.

Record of Voting:

For the Motion: Unanimous

 

8.3

Indian Independence Day

(Report of The Lord Mayor Councillor Sameer Pandey)

 

4443

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Esber)

(a)      That Council celebrate the 76th anniversary of Indian Independence on 15 August 2023 and note that PHIVE will be lit in the vibrant colours of the Indian flag on that evening between the hours of 6:00pm to 8:00pm.

(b)      That Council acknowledges the significant contribution that the Indian community makes to City of Parramatta’s social, cultural and economic fabric.

(c)       That the Lord Mayor be delegated the authority to make the decision regarding the timing of the lighting of PHIVE on Tuesday 15 August 2023.

Record of Voting:

For the Motion: Unanimous

 

8.4

Smart September: A celebration of Parramatta as a vibrant,

Sustainable and connected centre of innovation.

(Report of The Lord Mayor Councillor Sameer Pandey)

 

4444

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Bradley)

(a)      That Council note that the public exhibition of the City of Parramatta’s draft Smart City and Innovation Strategy, which provides the community an opportunity to have their say on Parramatta as a vibrant, sustainable and connected centre of innovation.

(b)      That Council approve the promotion of ‘Smart September’ across the City of Parramatta’s internal and external media platforms, to highlight the innovative projects and programs being undertaken by Council and external stakeholders that position Parramatta as a leading smart city.

Record of Voting:

For the Motion: Unanimous

 

8.5

Provision of Affordable Housing in the City of Parramatta

(Report of The Lord Mayor Councillor Sameer Pandey)

 

4445

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Esber)

(a)      That Council note that the City of Parramatta’s Affordable Housing Action Plan 2023-2025 (Action Plan) is on tonight’s agenda, and that it proposes a range of actions and advocacy positions aimed at improving housing affordability;

(b)      That, pending Council’s approval of the Action Plan, the Lord Mayor and Chief Executive Officer write to the Secretary of the Department of Planning and Environment, the Minister for Housing and the Minister for Planning and Public Spaces to provide a copy of the Action Plan and request a meeting to discuss Council’s stance on:

i.    State-level Affordable Housing reforms;

ii.   Housing SEPP amendments;

iii.  Improvements to the Affordable Housing Contributions Scheme process;

iv.  Development contributions reform;

v.   Advocacy for an affordable housing target on state government land; and

vi.  Advocacy for improved and centralised data capture.

(c)       That subject to Council’s approval of the Action Plan, the Lord Mayor and Chief Executive Officer write to the Federal Minister for Housing, The Hon. Julie Collins MP and NSW Minister for Housing, The Hon. Rose Jackson MLC to provide a copy of the Action Plan and note Council’s support for the proposed Housing Australia Future Fund.

Record of Voting:

For the Motion: Unanimous

 

 

9.    Public Forum

There were no registered speakers for this meeting.

10Petitions

There were no petitions tabled at this meeting.

11Rescission Motions

NIL


 

12Reports to Council - For Notation

12.1

Variations to Standards under Clause 4.6 of Parramatta LEP 2011,

Auburn LEP 2010, Holroyd LEP 2013, The Hills LEP 2012, Hornsby

LEP 2013, Parramatta Local Environmental Plan (LEP) 2023

(Report of Group Manager - Development and Traffic Services)

 

4446

RESOLVED (Councillor Wearne and Councillor Garrard)

That the report be received and noted.

Record of Voting:

For the Motion: Unanimous

 

12.2

Minutes of Audit Risk and Improvement Committee Meeting held on

23 February 2023

(Report of Coordinator Internal Audit)

 

4447

RESOLVED (DLM Councillor Maclean and Councillor Wearne)

That the confirmed Minutes of the Audit Risk and Improvement Committee meeting held on 23 February 2023 be received and noted.

Record of Voting:

For the Motion: Unanimous

 

Note:     A question was taken on notice from Councillor Darley regarding Item 12.2 (Minutes of the Audit, Risk and Improvement Committee Meeting held on 23 February 2023).

 

Note:     Councillor Esber left the meeting at 7.56pm.

 

13Reports to Council - For Council Decision

13.1

Proposed Increase in Community Representatives for the

Parramatta Light Rail Stage 2 Advisory Committee

(Report of Group Manager Infrastructure Planning & Design)

 

4448

RESOLVED (Councillor Humphries and Councillor Siviero)

That this matter be deferred to the next Council Meeting.

Record of Voting:

For the Motion: Unanimous

 


 

13.2

Council Policies for Rescission: Handling Unclear Development

Applications, Calculating the Cost of Developments

(Report of Policy Officer)

 

4449

RESOLVED (Councillor Garrard and Councillor Wearne)

That Council approve the immediate rescission of the following Council Policies:

      i.        299 – Policy for Handling of Unclear, Insufficient and Amended Development Applications

    ii.        333 – Policy for Calculating the Genuine Estimated Cost of Development and Section 94A Contributions

Record of Voting:

For the Motion: Unanimous

 

Note:     Councillor Esber returned to the meeting at 7.59pm.

 

PROCEDURAL MOTION

order of business

 

4450

RESOLVED (The Lord Mayor, Councillor Pandey and Councillor Garrard)

That, in accordance with Clause 8.2 of Council’s Code of Meeting Practice, Council alter the Order of Business of this meeting to allow for the following item to be considered prior to all other items on the agenda:

·          Item 13.7 - Public Exhibition of Draft Council Strategies (Economic, Social, Environmental and Innovation)

Record of Voting:

For the Motion: Unanimous

 

13.7

Public Exhibition of Draft Council Strategies (Economic, Social,

Environmental and Innovation)

(Report of Project Team Lead)

 

4451

RESOLVED (Councillor Esber and Councillor Valjak)

(a)      That Council approve public exhibition of the following draft strategies for a six-week period:

                       i.       Economic Development Strategy 2023-2032

                      ii.       Environmental Sustainability Strategy 2023-2032 - "(with addition of Council's Community Strategic Plan 2018-2038 target for community of 50% emissions reduction by 2030."

                     iii.       Smart City and Innovation Strategy 2023-2032

                    iv.       Social Sustainability Strategy 2023-2032

(b)      That the Chief Executive Officer be delegated authority to make any minor amendments or adjustments of a non-policy nature to these strategies.

(c)       That Council receives a further report outlining the response to the public exhibition and seeking endorsement of the final strategies.

Record of Voting:

For the Motion: Unanimous

 

13.3

Public Exhibition of Draft Media Policy 2023

(Report of Policy Officer)

 

4452

RESOLVED (Councillor Esber and DLM Councillor Maclean)

(a)     That the draft Media Policy 2023 be placed on public exhibition for a period of 28 days.

(b)     That Council authorises the Chief Executive Officer to make any necessary editorial and content changes to the draft Media Policy 2023 for public exhibition to give effect to Council’s resolution.

(c)     That the Chief Executive Officer prepare a report to Council following the exhibition period to present the final Media Policy 2023 for adoption.

Record of Voting:

For the Motion: Unanimous

 

Note:     Council deferred the consideration of Item 13.4 (DEFERRED ITEM FROM OCM 10 JULY 2023 - Adoption of Councillor and Staff Interaction Policy 2023), to the Closed Confidential Session of this meeting.

 

13.5

Sydney Festival Partnership for 2024

(Report of Digital & Creative Manager)

 

4453

RESOLVED (DLM Councillor Maclean and Councillor Prociv)

(a)      That Council enters into a one-year partnership with Sydney Festival Limited to deliver the 2024 Sydney Festival in Parramatta in January 2024.

(b)      That Council provide a financial commitment from the 2023/24 operational budget, for the presentation of the 2024 Sydney Festival in Parramatta to the amount of $400,000 (ex GST), noting that this commitment is contingent upon the NSW government and Sydney Festival also providing equal funding of $400,000 (ex GST) each, resulting in a combined total investment of $1.2 million (ex GST).

(c)       That the Chief Executive Officer be authorised to explore a multi-year partnership with Sydney Festival for a term of 3 years commencing 2024/25 and a report back to Council on the progress of negotiations.

Record of Voting:

For the Motion: Unanimous

 

13.6

2024 Community Grants Program

(Report of Community Capacity Building Officer)

 

4454

RESOLVED (Councillor Darley and Councillor Valjak)

(a)      That the 2024 round of the Annual Community Grants proceed with the categories and the proposed timeframe identified in this report, which includes the application opening date being 9am, Monday 28 August 2023 and the closing date being 6pm, Monday 2 October 2023.

(b)      That the 2024 Community Grants round be administered according to the Grants and Donations Policy, including outcomes of the assessment process being presented to the Grants Committee prior to recommendations being presented to Council by December 2023.

(c)       That Council notes the proposed change to the name of the Cultural Heritage and Stories Research Grants and the inclusion of the Community Events Grants program in the Annual Community Grants application round, detailed in this report, with all other category information remaining unchanged from the 2023 program.

(d)      That Council notes the Youth Focused Small Grant round to be included in the 2024 Community Grants program, funded with the $9,885.96 in unallocated funds from the 2023 Annual Grants program, and with an application timeframe to assist in the planning of Youth Week activities

(e)      That a desktop analysis be conducted examining Council’s categories, funding pool and funding limits compared to other similar Council grant programs across metropolitan Sydney and be reported back to the Grants Committee in early 2024.

Record of Voting:

For the Motion: Unanimous

 

13.8

Approval of Affordable Housing Action Plan

(Report of Project Team Lead)

 

 

MOTION (Councillor Prociv and Councillor Darley)

(a)      That Council adopts the Affordable Housing Action Plan 2023-2025 (Action Plan) at Attachment 1 and publishes it on Council’s website.

(b)      That Council be provided with a mid-point review of the Action Plan by September 2024 and a final review and evaluation of the Action Plan by September 2025.

(c)       Further, that delegated authority be provided to the Chief Executive Officer to make any minor adjustments of an administrative and non-policy nature to the Action Plan.

 

AMENDMENT (Clr Bradley)

(a)     That Council adopts the Affordable Housing Action Plan 2023-2025 (Action Plan) at Attachment 1 and publishes it on Council’s website, with an additional advocacy Priority to Advocate for Federal Tax Reform with a Position that Council will advocate for Federal Government intervention to address the housing affordability crisis impacting Greater Sydney. Specifically, Council will advocate for the Federal Government to phase out negative gearing of more than one property and reduce the Capital Gains tax discount for property investors.

(b)     That Council be provided with a mid-point review of the Action Plan by September 2024 and a final review and evaluation of the Action Plan by September 2025.

(c)       That delegated authority be provided to the Chief Executive  Officer to make any minor adjustments of an administrative and non-policy nature to the Action Plan.

 

Note: The Amendment LAPSED due to lack of a seconder.

 

 

 

AMENDMENT (Bradley)

(a)      That Council adopts the Affordable Housing Action Plan 2023-2025 (Action Plan) at Attachment 1 and publishes it on Council’s website, but with an amendment to the last Advocacy Position to read:

Support increases to the proposed Housing Australia Future Fund (HAFF) to deliver centralised funding for Affordable Housing, and sufficient funding for the States and Territories to constrain housing rent increases to fair levels.

(b)      That Council be provided with a mid-point review of the Action Plan by September 2024 and a final review and evaluation of the Action Plan by September 2025.

(c)       That delegated authority be provided to the Chief Executive Officer to make any minor adjustments of an administrative and non-policy nature to the Action Plan.

 

Note: The Amendment LAPSED due to lack of a seconder.

 

 

4455

RESOLVED (Councillor Prociv and Councillor Darley)

(a)      That Council adopts the Affordable Housing Action Plan 2023-2025 (Action Plan) at Attachment 1 and publishes it on Council’s website.

(b)      That Council be provided with a mid-point review of the Action Plan by September 2024 and a final review and evaluation of the Action Plan by September 2025.

(c)       That delegated authority be provided to the Chief Executive Officer to make any minor adjustments of an administrative and non-policy nature to the Action Plan.

Record of Voting:

For the Motion: Unanimous

 

14Notices of Motion

NIL

 

15Questions with Notice

15.1

Question with Notice - Operation and Pricing of Council Car Parks

(Report of Councillor Kellie Darley)

 

 

Question With Notice:

 

Parramatta Square Carpark

 

1.   The fees for parking at Council’s new Parramatta Square Carpark are far more expensive than Council’s other carpark. What is the rationale behind the parking fee structure, and why hasn’t an evening and weekend rate been included?

 

Executive Director Property & Places response:

 

The pricing structure was modelled off the Eat Street car park, as both of these car parks are priced to accommodate short term parking within the heart of the CBD. The demand for short term parking within the CBD is at an all-time peak and is underprovided.  This is reflected in turnover occupancy within the Eat Street car park, which regularly reaches capacity.

 

No weekend rate was adopted at Parramatta Square as the anticipated strong demand for parking within the heart of the CBD at the standard parking rate accommodates short term parking. Evening rates are only applied to on-street parking, delivered via parking meters.

 

2.   How much does it cost members of the public to park in the carpark when attending a Council meeting?

 

Executive Director Property & Places response:

 

Adopted public parking rates are as per the Operational Plan & Budget 2023/24 (page 17) as shown below:

            

 

             

3.   Is there a fee to park for people with a MPS permit?

 

Executive Director Property & Places response:

 

All MPS parking located behind the boom gates are paid parking spaces. MPS permit holders are allocated bays closer to the exits to accommodate MPS needs.

 

4.   How many parking spaces are there?

 

Executive Director Property & Places response:

 

There are 70 car parking bays. The Paid Parking Team were able to add an additional space and two motorbike bays are also being included. The communications are currently being updated to reflect these changes.

 

5.   What wayfinding signage exists to assist members of the public finding the parking on entry and once under Parramatta Square?

 

Executive Director Property & Places response:

 

Two digital signs have been approved. One located near the bus interchange, and one on the corner of Darcy and Smith. This is live on Parramatta Parking Finder. The two signs are currently being manufactured.

 

6.   What was the cost of building the Parramatta Square Carpark and how was it funded?

 

Executive Director Property & Places response:

 

The construction of the Parramatta Square Carpark on behalf of Council was an obligation contained within the three separate Project Development Agreements Council entered into with Walker Corporation for 3PS, 4PS, 6PS and 8PS.

 

Parramatta Station Carpark

 

·    In June 2022, Council resolved to trial a subsidised rate on weekday evenings and all day on weekends at the Parramatta Station (Wentworth Street Carpark) and report was due back to Council after the trial in August and September outlining the results. Could this report please be provided to Council?

 

Executive Director Property & Places response:

 

A report is being prepared.  Interim results from the trial include a total loss of revenue of $23,732 (being August $11,065 and September $12,667).

 

Council CBD Carparks

 

·    What are the monthly usage rates for weekday evenings (after 5/6pm) and weekends, broken down by carpark, for the last 6 months?

 

Executive Director Property & Places response:

 

The below table shows the regular turnover of spaces in Eat Street and Justice car parks in the peak season of January and February.

 

 

15.2

Question Taken on Notice at the 24 July 2023 Council Meeting

(Report of Council Secretariat & Registers Officer)

 

 

Follow-up question to Item 15.2 Questions With Notice – Council’s Customer Service Charter and Service Standards at the 24 July 2023 Council meeting.

 

The original Lord Mayoral Minute talked about the Service Level Agreements (‘SLA’) and there was an acknowledgement that there is over 100 SLAs. There seems to be two components of work, the transformation commencing and the consolidation of the service level agreements.

 

What is the time frame of the consolidation of the service level agreements?

 

Executive Director City Engagement and Experience Response:

 

Staff have commenced the review of the existing SLAs.  However, following the recent appointment of the Executive Director, City Engagement and Experience the final categorisation and consolidation of SLAs will be subject to a program approved by the new Executive Director.

The timeframe for consolidation is targeted to be within the next 12-18 months.  However, this timeframe will be reviewed, and the Council updated, as it is likely to be affected by the organisation-wide Customer Experience Transformation Project that is about to commence.  The integration of the SLAs with the transformation project will be critical to achieving efficient and timely customer service levels for both internal and external customers.

 

15.3

Deferred Questions with Notice from 24 July 2023 Council Meeting

(Report of Council Secretariat & Registers Officer)

 

 

Question with notice

 

1.      Item 13.6 – Endorsement of City Events and Festival FY24 Program (10 July 2023 Council Meeting)

 

Councillor Siviero

 

Could staff provide a list of events that are provided by other Directorates and funded by other Directors which are not part of the events and festivals budget mentioned in the report?

 

Executive Director City Engagement and Experience response:

 

a.   In addition to the FY24 schedule events and festivals outlined in the 10 July Council report, other programming and events can be viewed via the following online calendars.

i.    Community Services

Riverside Theatres https://riversideparramatta.com.au

PHIVE, Wentworth Point Community Centre and Library, Parramatta Library, Parramatta Artists’ Studios and SACS https://parramatta-events.bookable.net.au/#!/

ii.   City Strategy

Small Business workshops https://www.cityofparramatta.nsw.gov.au/business-programs

b.   While Council may organise other events throughout the year, these are typically run at short notice and are spontaneous or responsive in nature.

 

 

2.      Item 13.6 – Endorsement of City Events and Festival FY24 Program (10 July 2023 Council Meeting)

 

Councillor Valjak

 

What is the KPI measurement for what was successful event experiences last year? Could staff provide the details of the KPI measurement to Councillors?

 

Executive Director City Engagement and Experience response:

 

1.      The primary objectives of the Events and Festival Strategy are as follows:

·    Increase the number of visitors to the City.

·    Boost visitor spending in the City.

·    Support and promote local businesses.

·    Enhance the overall perception and image of the City.

2.      Each event has its own specific metrics tailored to its target audience. These metrics are determined during the planning phase and reported on post event. The main KPIs measured include:

a.   event attendance

b.   marketing reach

c.   social media engagement

d.   website visitation.

3.      By analysing these key metrics, as well as other data such as customer satisfaction, business satisfaction, and other feedback collected, Council officers are able to gauge the success of each event.

4.      A snapshot of three high level key metrics and post-event KPI details is illustrated below.

A screenshot of a graph

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16.  CLOSED SESSION

 

4456

RESOLVED (Councillor Garrard and Councillor Wearne)

That at this time of the meeting, being 8.28pm, the Lord Mayor, Councillor Pandey advised that the meeting would move into Closed Confidential Session to allow consideration of matters in Closed Session in accordance with Section 10A of the Local Government Act 1993. Accordingly, members of the press and public are excluded from the closed session and access to the correspondence and reports relating to the items considered during the course of the Closed Session will be withheld.

This action is taken to discuss the following items:

16.1    Legal Status Report as at 30 June 2023.

This report is confidential in accordance with section 10A (2) (e) of the Local Government Act 1993 as the report contains information that would, if disclosed, prejudice the maintenance of law.

16.2    Question with Notice - Status Update on Repairs to Damaged Stormwater Drains.

This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993 as the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

16.3    Tender 13/2023 Construction of Raised Crossings and Associated Works - Good Street and Alfred Street under M4, Granville.

This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.4    Tender 11/2023 T-Way Stages 1 and 2 Cycleway between Ferndale Close and Briens Road including Shared Bridge over Toongabbie Creek, Constitution Hill.

This report is confidential in accordance with section 10A (2) (d) of the Local Government Act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

16.5    Tender ITT 01/2023 Video Projection Specialist (Charles Street Wharf Public Art Project.

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.

16.6    DEFERRED FROM OCM 26 JUNE 2023: Proposed Lease of Shop 1/4-14 Hunter Street, Parramatta (Justice Precinct Car Park).

This report is confidential in accordance with section 10A (2) (c) (d) of the Local Government Act 1993 as the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; AND the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

13.4    DEFERRED ITEM FROM OCM 10 JULY 2023 - Adoption of Councillor and Staff Interaction Policy 2023.

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.

The Lord Mayor, Councillor Pandey asked the Chief Executive Officer if any representations had been received from the public that the items should not be discussed in closed session. The Chief Executive Officer confirmed that no such representations had been made.

The Lord Mayor, Councillor Pandey asked the public gallery if they had any objection or representations to be heard requesting any matter not to be discussed in closed session. There were no objections or representations made.

Record of Voting:

For the Motion: Unanimous

 

Note:          The meeting moved into closed session at 8.28pm.

 

PROCEDURAL MOTION

ADJOURNMENT OF MEETING

 

4457

RESOLVED      (Councillor Pandey and Councillor Garrard)

That the meeting be adjourned, the time being 8.28pm.

Record of Voting:

For the Motion: Unanimous

 

Note:     The meeting reconvened at 9.00pm.

             

              At the time the meeting was reconvened, the following Councillors were present:

The Lord Mayor, Councillor Pandey and Councillors Bradley, Darley, Esber, Garrad, Green, Humphries, Maclean, Prociv, Siviero, Valjak and Wearne.

 

16.1

Legal Status Report as at 30 June 2023

(Report of Solicitor)

 

4458

RESOLVED (Councillor Esber and Councillor Maclean)

(a)     That Council receive and note the Legal Status Report as of 30 June 2023.

(b)     That Council continue to publish the monthly Legal Status Report, excluding legally privileged content, on Council’s website for the information of the community.

(c)     That the confidential Legal Status Report be uploaded on the Councillor Portal each month and the monthly reports to Council be discontinued.

Record of Voting:

For the Motion: Unanimous

 

16.2

Question with Notice - Status Update on Repairs to Damaged

Stormwater Drains

(Report of Councillor Kellie Darley)

 

 

Question with Notice

(a)     That Council provide a list of stormwater drains that have been repaired since April 2023, following the prioritisation of 50 out of the approximately 141 backlog of damaged stormwater pits.

(b)     Further, that Council provides an updated list of stormwater drains/pits we know need to be repaired and when they are estimated to be repaired.

 

Legal Advice – Potential Liability to Council

1.   The information provided below contains information regarding potential risks to public safety and the exposure of the public to potential injury and/or property damage, and is therefore confidential. 

2.   The provision of this information to the public may expose Council to potential legal actions and insurance claims arising from actual or perceived liability to persons and property caused by Council’s damaged stormwater pits and infrastructure.

3.   Therefore, the release, distribution or publication of this information or related commentary is not permitted as it may prejudice Council in any future legal action and/or insurance claims.

 

Executive Director City Assets & Operations response:

4.   Council has 23,292 stormwater pit structures within the LGA. There is currently a backlog of approximately 165 damaged pits on Council’s list for repair, we have had an additional 24 pits identified as damaged since April 2023, these additional pits have been assessed and added to the pit repair list.  

5.   The majority of these pits are damaged due to heavy vehicular loading, with many of these due to development activity. The percentage of damaged pits is approximately 1% of the total pit network. The estimated cost to repair all of the damaged pits is approximately $1,430,095 excluding staff costs.

6.   Council officers have prioritised the repair of the top 50 highest priority pits. Following Council’s procurement processes the top 50 highest priority pit repairs have all been awarded to Council’s construction contractor for repair and this work commenced in July 2023.

7.   There was a slight delay in the commencement of the works due to contractor procurement negotiations and contractor availability/scheduling. One pit has been completed and it is anticipated that all pits will be repaired within approximately 3 months, subject to weather. Attached is an updated confidential list of the 50 priority sites with the status indicated (Attachment 1).

8.   Each pit is evaluated by staff to determine priority for re-construction which is largely based on risks to public safety and potential damage to property. It is then classified as a high, medium, or low priority for repair. The next priority for repair are those pits identified as having a High and Medium ranking. The damage of these pits will now be fully scoped and go through Council’s procurement process for the appointment of a construction contractor. It is anticipated that the next 50 pits will be completed in the next 6-9 months.

9.   Attached is an updated confidential stormwater drain/pit repair list with identified priority ranking (Attachment 2).

10. Please note that the priority repair list is a working document and the timeframe for pit repair can change depending on safety risk significance. The next 50 pit repairs to be undertaken over the next 6- 9 months is the maximum that could be undertaken within existing resources.

11. The estimated cost for the work required in the 50 stormwater pits is approximately $443,250 and is being funded under the Stormwater Drainage Renewal Program.

 

16.3

Tender 13/2023 Construction of Raised Crossings and Associated

Works - Good Street and Alfred Street under M4, Granville

(Report of Manager Capital Projects)

 

4459

RESOLVED      (Councillor Siviero and Councillor Green)

(a)     That Council award the contract for the construction of two raised pedestrian and cyclist crossings at Good Street and Alfred Street (under the M4 Motorway), Granville to the Convil Group Pty Ltd, for the contract sum of $525,592.00 (excl GST).

(b)     That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c)     That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

 

16.4

Tender 11/2023 T-Way Stages 1 and 2 Cycleway between Ferndale

Close and Briens Road including Shared Bridge over Toongabbie

Creek, Constitution Hill

(Report of Manager Capital Projects)

 

4460

RESOLVED      (Councillor Bradley and Councillor Green)

(a)     That Council award the contract for construction of the T-way Cycleway Stages 1 and 2 between Ferndale Close and Briens Road, including a shared cyclist and pedestrian bridge over Toongabbie Creek, Constitution Hill, to Abergeldie Contractors Pty Ltd, for the contract sum of $7,450,326 (excl. GST).

(b)     That all unsuccessful tenderers be advised of Council’s decision in this matter.

(c)     That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

 

16.5

Tender ITT 01/2023 Video Projection Specialist (Charles Street Wharf

Public Art Project

(Report of Error! No document variable supplied.)

 

4461

RESOLVED      (Councillor Prociv and Councillor Darley)

(a)     That Council reject all the submitted tenders for ITT01/2023 for Video Projection Specialist (Charles Street Wharf Public Art Project).

(b)     That Council does not invite fresh tenders to be submitted because it is considered that re-tendering will not attract additional suitable service providers over and above those who have submitted a tender.

(c)     That following the conclusion of this tender process Council approve an exception from tendering in accordance with s55(3)(i) of the Local Government Act 1993, as this tender process has demonstrated an unavailability of competitive or reliable tenderers.

(d)     That Council approve the seeking of quotes via a select quote process from suppliers to be identified by a specialist consultant including quotes for both the original video scope as well as the revised scope.

(e)     That all unsuccessful tenderers be advised of Council’s decision in this matter.

(f)      That Council delegate authority to the Chief Executive Officer to finalise and execute all necessary documents.

Record of Voting:

For the Motion: Unanimous

 

 

 

 

16.6

DEFERRED FROM OCM 26 JUNE 2023: Proposed Lease of Shop 1,4-

14 Hunter Street, Parramatta (Justice Precinct Car Park)

(Report of Space Management Officer)

 

4462

RESOLVED      (Councillor Prociv and Councillor Esber)

(a)       That Council, in relation to 4-14 Hunter Street, Parramatta:

                      i.        Note the current subsidy arrangements and negotiations on the expired leases at the premises Shops 2, 3, 5, 6 & 7, and offer a 3-year lease as per their current arrangements to all current not-for-profit community tenants to provide certainty of tenure until 2026.

                     ii.        Approve the Chief Executive Officer to commence a review of the premises, as part of the upcoming Property Strategy, to determination whether all (or part) of the premises should be designated for occupation solely by community and not-for-profit groups following the expiration of leases in 2026.

                    iii.        Approve the lease of Shop 1, 4-14 Hunter Street, Parramatta to the preferred applicant (the gym) as outlined in the report to Council dated 26 June 2023.

                   iv.        Delegate authority to the Chief Executive Officer to negotiate with other parties on terms similar to those outlined in this report, should the preferred applicant not proceed.

                    v.        Delegate authority to the Chief Executive Officer to negotiate and sign all relevant documentation.

(b)           That Council, in relation to 1, 2, 4 and 6 Bridge Street, Granville:

                      i.        Note that all the tenancies are yet to be leased, with the exception of No. 4 Bridge Street, which has been previously approved for occupation by the Parramatta Artists Studio for a 5-year term.

                     ii.        Immediately designate all tenancies in the above-mentioned premises for occupation solely by community and not-for-profit groups at subsidised rental rates consistent with Council’s policy.

                    iii.        Approve the Chief Executive Officer to include the premises in the upcoming Property Strategy as being designated for occupation solely by community and not-for-profit groups for the period 2023 – 2033.

Record of Voting:

For the Motion: Unanimous

 

Note:          Councillor Esber left the meeting at 10:06pm and returned to the meeting at 10:14pm.

 

Note:          DLM Councillor Maclean left the meeting at 10:15pm and returned to the meeting at 10:19pm.

13.4

DEFERRED ITEM FROM OCM 10 JULY 2023 - Adoption of Councillor

and Staff Interaction Policy 2023

(Report of Policy Officer)

 

 

MOTION: (Councillor Garrard and Councillor Esber)

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

(b)     That Council adopts the Councillor and Staff Interaction Policy 2023 as attached to this report.

 

 

AMENDMENT: (Councillor Bradley and Councillor Prociv)

(a)      That Council receives and notes the submissions received following public exhibition subject to deleting of clause 3.20 of the draft Policy.

(b)      That Council adopts the Councillor and Staff Interaction Policy 2023 as attached to this report.

 

Note:          On being Put to the meeting, the voting on the Amendment was LOST.

 

4463

RESOLVED (Councillor Garrard and Councillor Esber)

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

(b)     That Council adopts the Councillor and Staff Interaction Policy 2023 as attached to this report.

 

Note:          Councillor Bradley voted AGAINST the MOTION.

PROCEDURAL MOTION

RETURN TO OPEN SESSION

 

4464

RESOLVED (Councillor Esber and Councillor Wearne)

That the meeting revert to Open Session, time being 10:23pm.

Record of Voting:

For the Motion: Unanimous

 

Note:          The meeting returned to Open Session at 10.23pm

 

17.  REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION

The Chief Executive Officer displayed the resolutions for Items 16.1, 16.2, 16.3, 16.4, 16.5, 16.6 and 13.4.

 

18.  CONCLUSION OF MEETING

The meeting concluded at 10:25pm.

 

This page and the preceding 21 pages are the Minutes of the Ordinary Council Meeting held on Monday, 14 August 2023 and confirmed on Monday, 28 August 2023.

 

 

 

                   

Chairperson