
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
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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.
10. Petitions
There were no petitions tabled at this
meeting.
11. Rescission
Motions
NIL
12. Reports 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.
13. Reports 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
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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
|
14. Notices of
Motion
NIL
15. Questions
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.

|
16. CLOSED
SESSION
4456
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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 Senior Officer - Cultural Projects &
Public Art)
|
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 22 pages are the Minutes of the Ordinary Council Meeting
held on Monday, 14 August 2023 and confirmed on Monday, 28 August 2023.
Chairperson