Minutes
Ordinary Council Meeting
Monday, 12 February 2024
6.30pm
Council Chamber
Level 4, PHIVE
Parramatta Square, Parramatta
COUNCIL MEMBERS IN ATTENDANCE
The Lord Mayor, Councillor Pierre Esber and Councillors Phil Bradley, Kellie Darley, Michelle Garrard, Henry Green, Cameron MacLean, Paul Noack, Sameer Pandey, Deputy Lord Mayor, Dr Patricia Prociv, Dan Siviero, Georgina Valjak, Donna Wang and Lorraine Wearne (online).
COUNCIL STAFF IN ATTENDANCE
Chief Executive Officer - Gail Connolly, Executive Director City Engagement and Experience - Angela Jones-Blayney, Executive Director Finance and Information - John Angilley, Executive Director City Planning and Design - Jennifer Concato, Executive Director Community Services - Jonathan Greig, Executive Director City Assets & Operations – George Bounassif, Acting Executive Director People Culture and Workplace – Sarah McAskill, Chief Technology Officer - John Crawford, Chief Governance & Risk Officer - Roxanne Thornton, Chief Financial Officer - Amit Sharma, Chief of Staff - Justin Mulder, ICT Strategy and Partnering Manager - Ian Vong.
1. OPENING MEETING
The Lord Mayor, Councillor Esber opened the meeting at 6:32pm
2. ACKNOWLEDGEMENT TO TRADITIONAL OWNERS OF LAND
The Lord Mayor acknowledged the Burramattagal people of The Dharug 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 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
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RESOLVED: Councillor Noack and Councillor Garrard (a) That an apology on behalf of Councillor Humphries and be accepted and a leave of absence granted. (b) That an apology be noted for the late arrival of Councillor Siviero. (c) That Councillor Wearne be permitted to attend this meeting by audio-visual link. Record of Voting: For the Motion: Unanimous |
Note: Councillors agreed to send flowers to Councillor Humphries who is unwell.
5. CONFIRMATION OF MINUTES
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RESOLVED: Councillor Noack and Councillor Pandey That the minutes be taken as read and accepted as a true record of the Meeting.
Record of Voting: For the Motion: Unanimous |
6. DISCLOSURES OF INTEREST
There were no disclosures of interest.
PROCEDURAL MOTION
DEALING WITH ITEMS BY EXCEPTION
RESOLVED: Councillor MacLean and Councillor Noack
That in accordance with Section 13 of Council’s Code of Meeting Practice, the Order of Business be amended to deal with the following items by exception:
· Item 12.1 Investment Report for November 2023
· Item 12.2 Investment Report for December 2023
· Item 13.2 Casual Vacancy in Civic Office - Resignation of Councillor Donna Davis MP (Application to Minister for Local Government to Dispense with By-Election
· Item 15.1 Questions Taken on Notice at the 11 December 2023 Council Meeting
Record of Voting:
For the Motion: Unanimous
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Questions Taken on Notice at the 11 December 2023 Council Meeting (Report of Council Secretariat & Policy Officer) |
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Councillor Garrard asked a question on Item 13.12 Submission on Proposed Amendment to the Department of Planning and Environment - Homebush Bay West Development Control Plan (DCP) 2004 (for 16 Burroway Road and part 5 Footbridge Boulevard, Wentworth Point (Block H)).
· In Attachment 3 under the actual VPA, I am unable to read what the sticky notes say, can I please be advised what they say? There’s at least 50-100 of them.
Executive Director City Planning and Design Response:
An amended version of Attachment 3 is attached to the report and it includes the details of the ‘sticky notes’ that are shown within in the version of the draft Planning Agreement that was originally attached to the report. The ‘sticky notes’ were inserted in the draft Planning Agreement by the applicant’s lawyer to assist with the preparation of the document.
Deputy Lord Mayor Councillor Prociv asked a question on Item 13.2 Traffic Engineering Advisory Group - 8 November 2023 – Minutes (Item 2311 line marking).
· What is to be done when the line marking starts falling apart, in particular in Harris Park?
Executive Director City Planning and Design Response:
The line marking in Harris Park that had failed is in Albion Street and was replaced in January 2024. This line marking was installed incorrectly and was replaced as part of a defects liability process with no additional charge to Council.
Deputy Lord Mayor Councillor Prociv asked a question on Item 13.4 CBD Footpaths Audit and Pavement Replacement Program.
· Is there anything west of Pitt Street not being considered in the CBD Footpath Priority Plan?
Executive Director City Assets and Operations Response:
The footpaths west of Pitt Street have not been considered in the current CBD Footpath Priority Plan. This was outside of the scope of this current audit, however these footpaths will be considered in the future audit work.
Councillor Garrard asked three (3) questions on Item 13.4 CBD Footpaths Audit and Pavement Replacement Program.
· Why isn’t the footpath on Wigram Street, between Parkes and Hassall Streets, in the report?
Executive Director City Assets and Operations Response:
Wigram Street footpath between Parkes and Hassell Street is included in the report, and is identified in Table 2 located on page 3.
· Investigate what works will be completed by developers?
Executive Director City Assets and Operations Response:
The developer will complete works that have been specified in the DA conditions. This includes but not limited to the footpath, kerb and gutter, driveway crossing etc. The footpath fronting the 12 Parkes Street property (corner building which is under construction) will be constructed by the developer and the remaining section towards Hassell Street will be completed by Council.
· Is the footpath on O’Connell Street, between Campbell and the Great Western Highway, concrete or concrete paver?
Executive Director City Assets and Operations Response:
Based on Council’s public domain guideline, the footpath is designated to be concrete pavers.
Councillor Darley asked a question on Item 15.1 Council Meeting Live Data Stream.
· Are they unique visits? Do they tune in back and forth?
Executive Director City Engagement and Experience Response:
Based on the 11 December 2023 Council Live Data Stream results are as below: Watching the live stream: 125 unique users (a unique ID is given to each individual user) · Total views: There was a total of 360 views. · Video paused: 54 times · Users who completed the video: 33 · Average engagement time per user: 1 minute and 38 seconds.
QUESTIONS with NOTICE – CONFIDENTIAL ITEMS (ITEMS 16.2, 16.3, 16.4 AND 16.5)
Councillor Pandey asked two (2) questions on Item 16.2 Expression of Interest on Retail 6 - Parramatta Square.
Answer provided at Confidential Attachment 2.
Councillor Pandey asked a question on Confidential Item 16.3 Tender Exemption – Engagement of Property Strategy Consultant.
Answer provided at Confidential Attachment 2.
Councillor Pandey asked a question on Confidential Item 16.4 Tender Exemption – Engagement of 9 Wentworth Consultant.
Answer provided at Confidential Attachment 2.
Councillor Pandey asked a question on Confidential Item 16.5 LATE REPORT- Partnership Proposal between the City of Parramatta and Parramatta Eels (2024-2026).
Answer provided at Confidential Attachment 2.
Councillor Bradley asked a question on Confidential Item 16.5 LATE REPORT- Partnership Proposal between the City of Parramatta and Parramatta Eels (2024-2026).
Answer provided at Confidential Attachment 2.
Councillor Darley asked a question on Confidential Item 16.5 LATE REPORT- Partnership Proposal between the City of Parramatta and Parramatta Eels (2024-2026).
Answer provided at Confidential Attachment 2. |
8. Minutes of the Lord Mayor
Note: Councillor Noack requested the Lord Mayor’s permission to move his Notice of Motion which is Item 14.3 of this meeting. The Lord Mayor agreed to the request.
9. Public Forum
There were no speakers.
10. Petitions
Councillor Prociv tabled a petition for the Parramatta City Council to advocate for the residents of in relation to the Silverwater Business Centre the Post Office will close from the 24 February 2024.
Note: Councillor Prociv raised the same petition as a matter of urgency after Item 15.4.
Note: Councillor Siviero joined the meeting at 7.09pm.
11. Rescission Motions
Nil
12. Reports to Council - For Notation
Councillor Pandey asked a question on Item12.3 Referral of Inspection Reports by Fire and Rescue NSW which was taken on notice. Can we find out how many notices and orders have been issued in this term of Council regarding flammable cladding?
Councillor Bradley mentioned that work on flammable cladding in buildings around the City of Parramatta has been done. Can an update report on the progress on remedial work on buildings affected by the cladding recall be provided?
Councillor Garrard asked a question on Item12.4 Delegation of the Lord Mayor and Chief Executive Officer Exercised During the 2023/24 Recess Period which was taken on notice. Can staff provide detailed information on the benefits the position of Lord Mayor gets including the discretionary budget?
13. Reports to Council - For Council Decision
14. Notices of Motion
Councillor Pandey asked a question on Item 14.1 Proposed Council Submission - Review of Section 83c of the Education Act 1990 which was taken on notice. Are there policies and procedures in place for Councillors to be privy to submissions made by staff on behalf of Council?
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14.2 |
Draft 2024/25 Budget - Proposed Capital Works Program Budget Increases (Motion by Councillor Garrard) |
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MOTION: Councillor Garrard and Councillor Siviero (a) That the CEO commence a review of the existing capital works program to identify potential budget increases for consideration by Councillors during the 2024/2025 budget process, including but not limited to the program areas listed below: · Roads Renewal Program (current 3yr budget $30.756m). · Kerb and Gutter Renewal Program (current 3yr budget $9.227m). · Drainage Construction Program (current 3yr budget $6.338m). · Footpaths Construction Program (current 3yr budget $6.598m). · Footpath Renewal Program (current 3yr budget $5.167m) · Stormwater Drainage Renewal Program (current 3yr budget $4.921m). · Roads To Recovery Program (current 3yr budget $3.956m) · Playground Replacement Program (current 3yr budget $3.137m). · Neighbourhood Improvement Program (current 3yr budget $6.080m). · Sportsground Capital Improvement Program (current 3yr budget $1.492m).
(b) That the CEO provide a preliminary report regarding the proposed options to increase the abovementioned capital programs, to the Finance Committee as part of the 2024/2025 budget process.
AMENDMENT: Councillor Darley and DLM Councillor Prociv (a) That the CEO commence a review of the existing capital works program to identify potential budget changes for consideration by Councillors during the 2024/2025 budget process after careful consideration of the feedback from the Your Place, Your Voice! Community Workshops.
(b) That the CEO provide a preliminary report regarding the proposed options to change the abovementioned capital programs, to the Finance Committee as part of the 2024/2025 budget process.
(c) That the CEO provide Council with updated Asset Management Plans and Strategy as part of the 2024/2025 IP&R process.
(d) That the CEO identify potential funding sources to accompany any proposed movements (increases) in the funding of program areas. Record of Voting: For the Amendment: Lord Mayor Councillor Esber, Deputy Lord Mayor, Councillor Prociv, Councillors Bradley, Darley and MacLean. Against the Amendment: Councillors Garrard, Green, Noack, Pandey, Siviero, Valjak, Wang and Wearne.
On being put to the meeting, voting on the Amendment was five (5) votes FOR and eight (8) votes AGAINST. The Amendment was LOST.
RESOLVED: Councillor Garrard and Councillor Siviero (a) That the CEO commence a review of the existing capital works program to identify potential budget increases for consideration by Councillors during the 2024/2025 budget process, including but not limited to the program areas listed below: · Roads Renewal Program (current 3yr budget $30.756m). · Kerb and Gutter Renewal Program (current 3yr budget $9.227m). · Drainage Construction Program (current 3yr budget $6.338m). · Footpaths Construction Program (current 3yr budget $6.598m). · Footpath Renewal Program (current 3yr budget $5.167m) · Stormwater Drainage Renewal Program (current 3yr budget $4.921m). · Roads To Recovery Program (current 3yr budget $3.956m). · Playground Replacement Program (current 3yr budget $3.137m). · Neighbourhood Improvement Program (current 3yr budget $6.080m). · Sportsground Capital Improvement Program (current 3yr budget $1.492m).
(b) That the CEO provide a preliminary report regarding the proposed options to increase the abovementioned capital programs, to the Finance Committee as part of the 2024/2025 budget process. Record of Voting: For the Motion: Unanimous |
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14.3 |
Congratulations to Mr Peter Bacha OAM (Motion by Councillor Noack) |
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This matter was addressed earlier in the meeting as detailed in these Minutes. |
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15.3 |
Additional Waste (Recycling) Collection Service at Christmas (Report of Councillor Darley) |
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A number of other Councils in Greater Sydney provide an additional recycling collection for residents over the Christmas period, including Ryde, Fairfield, Penrith, Hawkesbury and Wingecarribee.
1. Are there any reasons why City of Parramatta couldn’t do this?
Executive Director, City Assets & Operations response:
Council's new waste collection contract commences in November 2024 and provides additional recycling services for unit complexes.
However, any additional services (recycling or otherwise) across the entire LGA during the Christmas period would require a variation to the collection contract and would need to be negotiated and agreed to by the contractor. Council would also need to resolve to allocate additional funding towards the cost of additional services, which may also require an increase to ratepayers’ annual waste charge.
2. Roughly, what would be the associated cost of providing an additional recycling collection for each area after Christmas?
Executive Director, City Assets & Operations response:
Publication of this commercial-in-confidence information would prejudice Council’s negotiating position with the contractor should Council determine to proceed with an additional collection in the future.
Therefore, this information will be provided to Councillors confidentially on the Councillor portal.
3. When would Council need to make a decision on this to ensure an additional recycling collection happens after Christmas this year?
Executive Director, City Assets & Operations response:
Should Council’s contractor agree to a contract variation (and should Council allocate the necessary additional funds to cover the cost) it is estimated that it would require a minimum of 6 months' notice from the date of variation to resource the additional recycling collection (trucks, staff, etc).
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15.4 |
Preparation of a Draft Tree Canopy Plan (Report of Councillor Darley) |
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1. As per the 2023/24 approved DPOP, Council’s tree canopy plan was due to be completed by December 2023. What is the current status of the tree canopy plan?
Executive Director, City Planning & Design response: Work on the Canopy Plan has been delayed due to City Strategy’s prioritisation of the Strategy Refresh process and the West Invest grant funding application and Deed requirements. A Councillor workshop is scheduled in March 2024 to seek feedback and a subsequent Councillor workshop to present a draft Canopy Plan prior to seeking Council endorsement for exhibition is planned for May. It is anticipated that the draft Canopy Plan will be submitted to Council in June seeking endorsement for public exhibition. 2. A new tree canopy dataset for Greater Sydney, which provides the most in-depth and detailed tree canopy imaging, was released by the NSW Government in late 2023. As a summary, what did this show has happened to the tree canopy across Parramatta LGA?
Executive Director, City Planning & Design response: Council staff have reviewed the 2022 data from the NSW Government, which was released by the NSW Government in 2023. It shows an overall canopy coverage of 25.3% for the LGA, an increase of 0.1% from 2019 and an increase of 2.5% from 2016. However, as Councillors were previously advised in April 2023, these three data sets should not be used to understand the trend in canopy cover over time for Parramatta, for the following reasons: · The NSW Government has used a different data capture and analysis methodology for each iteration of data making the results unable to be compared consistently. · An assessment of the 2016 and 2019 data provided by RMIT found that the 2016 had a higher resolution aerial imagery and therefore more accurate canopy coverage data. This assessment is still relevant as the 2022 data has a lower resolution (less accurate) than the 2016 data. · The variations from the methodologies will likely have a greater impact on differences in data than the actual canopy change over the time-period. The NSW Government has committed to a consistent data capture methodology that will align with the 2022 data. This will allow the comparison of the 2022 data in the future. 3. Where is the most change in tree canopy occurring in the Parramatta LGA?
Executive Director, City Planning & Design response: Staff have undertaken a comparison between the three NSW
Government datasets in response to this request. The data and commentary is
included below Based on the RMIT assessment, trends observed in the NearMap data and Council staff analysis, the reported changes in canopy coverage appear to be inaccurate don’t reflect changes on the ground. Further information can be found in the presentation from the April 2023 Councillor workshop. 4. How many trees has Council planted in parks, along streets and on other public land annually for the last 3 years?
Executive Director, City Planning & Design response:
The table below provides a summary of the trees planted in parks and streets for the past 3 years.
There are an additional 798 trees still to be planted as part the PLR Offset Program. This is anticipated to be completed by June 2024.
A further 250 plants associated with capital projects are scheduled to be planted by June 2024. |
PROCEDURAL MOTION
MATTER OF URGENCY
The Deputy Lord Mayor, Councillor Prociv requested to raise a Matter of Urgency under clause 9.3(b) of the Code of Meeting Practice, regarding the Closure of Australia Post at Olympic Park.
The Lord Mayor considered the matter to be urgent.
MATTER OF URGENCY
CLOSURE OF AUSTRALIA POST AT OLYMPIC PARK
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MATTER OR URGENCY - Closure of Australia Post at Olympic Park |
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RESOLVED: Deputy Lord Mayor, Councillor Prociv and Councillor Darley
(a) That Council write to The Hon Michelle Rowland MP, Minister for Infrastructure, Transport, Regional Development, Communications and the Arts, Ms Sally Sitou MP, Federal Member for Reid, Ms Siobhan McKenna as Chair of the Australia Post and the affected franchisee, requesting that the decision to close Silverwater Business Hub Office on Saturday mornings be reversed. (b) That Council advocate for a permanent Australia Post facility to be established on the Olympic Peninsula to serve an increasing population.
Record of Voting: For the Motion: Unanimous |
PROCEDURAL MOTION
Move to closed session
RESOLVED: Councillor Noack and Councillor MacLean
That at this time of the meeting, being 8.41pm, the Lord Mayor, Councillor Esber 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:
16.1 Tender Exemption - Maintenance, Management of Multi-level Carparks and Cash Collection Services (Report by Paid Parking and Contracts Manager)
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.
16.2 LATE REPORT – ITT10-2023 – Supply and installation of New Multi Level Carparking Technology and Maintenance (Report by Executive Director Finance and Information)
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.
Record of Voting:
For the Motion: Unanimous
Note: Council moved into closed session at 8.42pm
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16.1 |
Tender Exemption - Maintenance, Management of Multi-level Carparks and Cash Collection Services
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recommendation: Councillor MacLean and Councillor Noack
That Council:
(a) approves the exemption to the tendering requirements for the maintenance, management of multi-level car parks and cash collection services pursuant to section 55(3)(k) of the Local Government Act 1993.
(b) approves an extension of the existing contract with Point Parking (on the same terms and conditions) as the interim provider for a term of 12 months to enable a full tender process to be conducted in late 2024.
(c) notes that Council is currently developing a Car Parking Strategy to guide decision-making regarding significant car parking matters and/or opportunities and that conducting a tender process at this time without a Strategy could impose a significant risk to Council entering into unsatisfactory or potentially prejudicial car parking agreements.
Record of Voting: For the Motion: Unanimous |
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16.2 |
LATE REPORT: ITT10-2023 - Supply and Installation Of New Multi-Level Carparking Technology and Maintenance Agreement (Report of Executive Director Finance and Information) |
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RECOMMENDATION: Councillor MacLean and Councillor Noack
That this item will be deferred until such time that further due diligence is undertaken by Council staff to obtain best value for money.
Record of Voting: For the Motion: Unanimous |
PROCEDURAL MOTION
RETURN TO OPEN SESSION
RECOMMENDATION: Councillor Noack and Councillor Bradley
That Council move into open session.
Record of Voting:
For the Motion: Unanimous
Note: Council Moved to Open Session at 9.05pm.
7. REPORTS OF RESOLUTIONS PASSED IN CLOSED SESSION
MOTION: Councillor MacLean and Councillor Noack
That the recommendation of the Closed Session in relation to Items:
· 16.1: Tender Exemption - Maintenance, Management of Multi-level Carparks and Cash Collection Services; and
· 16.2: LATE REPORT: ITT10-2023 - Supply and Installation Of New Multi-Level Carparking Technology and Maintenance Agreement
be received and noted as resolutions of Council without any alteration and amendment thereto.
Record of Voting:
For the Motion: Unanimous
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16.1 |
Tender Exemption - Maintenance, Management of Multi-level Carparks and Cash Collection Services
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RESOLVED: Councillor MacLean and Councillor Noack
That Council:
(a) approves the exemption to the tendering requirements for the maintenance, management of multi-level car parks and cash collection services pursuant to section 55(3)(k) of the Local Government Act 1993.
(b) approves an extension of the existing contract with Point Parking (on the same terms and conditions) as the interim provider for a term of 12 months to enable a full tender process to be conducted in late 2024.
(c) notes that Council is currently developing a Car Parking Strategy to guide decision-making regarding significant car parking matters and/or opportunities and that conducting a tender process at this time without a Strategy could impose a significant risk to Council entering into unsatisfactory or potentially prejudicial car parking agreements.
Record of Voting: For the Motion: Unanimous
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16.2 |
LATE REPORT: ITT10-2023 - Supply and Installation Of New Multi-Level Carparking Technology and Maintenance Agreement (Report of Executive Director Finance and Information) |
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RESOLVED: Councillor MacLean and Councillor Noack That this item will be deferred until such time that further due diligence is undertaken by Council staff to obtain best value for money. Record of Voting: For the Motion: Unanimous
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Councillors Garrard and Pandey asked questions on Confidential Item 16.2 LATE REPORT: ITT10-2023 - Supply and Installation Of New Multi-Level Carparking Technology and Maintenance Agreement which was taken on notice.
Councillor Prociv asked when will the Online Petition website for Council will be available?
Note: A staff report will be brought back to the Chamber on questions taken on notice for Item 16.2 LATE REPORT: ITT10-2023 - Supply and Installation Of New Multi-Level Carparking Technology and Maintenance Agreement.
18. CONCLUSION OF MEETING
The meeting concluded at 9.07pm.
This page and the preceding 24 pages are the Minutes of the Ordinary Council Meeting held on Monday, 12 February 2024 and will be confirmed on Monday, 26 February 2024.
Chairperson