Minutes of Council - Monday, 8 April 2024

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Minutes

Ordinary Council Meeting

Monday, 8 April 2024

6.30pm

Council Chamber

Level 4, PHIVE

Parramatta Square, Parramatta

PRESENT - COUNCILLORS

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

PRESENT – STAFF

Chief Executive Officer - Gail Connolly, Executive Director City Engagement and Experience - Angela Jones-Blayney, Executive Director Finance and Information - John Angilley, Director City Planning and Design – Jen Concato, Executive Director Community and Culture - Jonathan Greig, Executive Director City Assets & Operations – George Bounassif, Chief Technology Officer - John Crawford, Chief Governance & Risk Officer - Roxanne Thornton, Chief Financial Officer - Amit Sharma, Group Manager Major Projects and Precincts – David Birds, Group Manager Social and Community Services – David Moutou, ICT Service and Delivery Manager - Ian Vong, Council Secretariat and Policy Officer - Marina Cavar and ICT Service Desk Team Leader - Alex Piccone.

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 Darug Nation as the traditional owners of this land, and paid respect to their ancient culture and to their elders past, present and emerging.

3. WEBCASTING ANNOUNCEMENT

The Lord Mayor advised that this public meeting is being recorded 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

There were no apologies, All Councillors were present in person

6. CONFIRMATION OF MINUTES

Minutes of the Council Meeting held on 25 March 2024

4741

RESOLVED: Councillor Noack and Councillor Humphries

That the minutes be taken as read and be accepted as a true record of the Meeting with the exception of the following required amendments;

· Councillor Pandey is incorrectly referred to as the Lord Mayor on page 2, Item 1 of the Minutes. This will need to be corrected to reference Councillor Esber as the Lord Mayor.

· There were Questions Taken on Notice missing in relation to Item 12.1 Minutes of Audit Risk and Improvement Committee Meeting held on 23 November 2023. These questions will be addressed in an additional report at the 22 April 2024 Council Meeting.

Record of Voting:

For the Motion: Unanimous

Note: The missing Questions Taken on Notice mentioned above in the Confirmation of Minutes of the Council Meeting held on 25 March 2024, to be addressed in an an additional report at the 22 April 2024 Council Meeting are as follows:

· Can the Agenda and Minutes of the ARIC meetings be published on the website?

· Can we have a Workshop on the key findings of Internal Audits and the recommendations, its similar to internal service ombudsman report we get?

· Can we have an alternate Councillor fill in when the main Councillor is unavailable?

7. DISCLOSURES OF INTEREST

Councillor Darley disclosed a Non- Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she is a renter and has been served a ‘No Grounds’ eviction in the LGA. Councillor Darley will take part in the consideration and voting on this item.

Lord Mayor Councillor Esber disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that he is a property owner and does not wish to put his position at conflict. Councillor Esber will not take part in the consideration and voting on this item.

Councillor Garrard disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she owns two properties. Councillor Garrard will not take part in the consideration and voting on this item.

Councillor Humphries disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she is a landlord in the LGA. Councillor Humphries will not take part in the consideration and voting on this item.

Councillor Noack disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that he is a landlord in the LGA. Councillor Noack will not take part in the consideration and voting on this item.

Councillor Pandey disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that he owns a rental property. Councillor Pandey will not take part in the consideration and voting on this item.

Councillor Siviero disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that he owns an investment property for which he is a landlord. Councillor Siviero will not take part in the consideration and voting on this item.

Councillor Valjak disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she is a landlord of a property and does not wish to put herself in a position on voting or discussing this matter as in her opinion there is conflict between her personal interest in this matter and this item. Councillor Valjak will not take part in the consideration and voting on this item.

Councillor Wang disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she is a renter in the LGA. Councillor Wang will not take part in the consideration and voting on this item.

Councillor Wearne disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters) for the reason that she is a property owner and a landlord in the LGA. Councillor Wearne will not take part in the consideration and voting on this item.

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 13.4: Public Exhibition of Draft Debt Management and Hardship Assistance Policy 2024

· Item 15.1: Council Rate Categories and History of Rate Increases

· Item 15.2: Accessibility and Baby Change Facilities in Public and Community Toilets

· Item 15.3: Status of Various Council Resolutions

· Item 15.5: Council’s Public Trees Program

· Item 15.7: Questions Taken on Notice at the 25 March 2024 Council Meeting

Record of Voting:

For the Motion: Unanimous

13.4

Public Exhibition of Draft Debt Management and Hardship Assistance Policy 2024

(Report of the Policy Officer)

4742

RESOLVED: Councillor MacLean and Councillor Noack

(a) That the draft Debt Management and Hardship Assistance Policy 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 Debt Management and Hardship Assistance Policy for public exhibition to give effect to Council’s resolution.

(c) That following public exhibition, officers submit the final Debt Management and Hardship Assistance Policy to Council for adoption.

Record of Voting:

For the Motion: Unanimous

15.1

Council Rate Categories and History of Rate Increases

(Councillor Kellie Darley)

4743

Questions with notice:

1. What is the percentage of rates revenue received by category this financial year compared to the previous two financial years?

Executive Director Finance and Information Response:

Over the last 3 financial years, the percentage of rates revenue per category has remained stable. For FY2023-2024 the breakdown is shown in the table below:

Residential	61.8%
Business General	9.8%
Business CBD	15.5%
Business CBD #2	2.2%
Business Industrial	10.7%

2. What is the percentage of rate payers by category this year compared to previous two years?

Executive Director Finance and Information Response:

Over the last 3 financial years, the percentage of ratepayers per category has remained stable. For FY2023-2024 the breakdown is shown in the table below:

Residential	95.2%
Business General	2.4%
Business CBD	1.4%
Business CBD #2	0.1%
Business Industrial	0.9%

3. How do Council rates in Parramatta compare with other similar LGAs and surrounding LGAs?

Executive Director Finance and Information Response:

The average ordinary residential rate for the City of Parramatta came in at 7th lowest when compared to 30 other Sydney metropolitan councils.

The average ordinary business rate for the City of Parramatta came in as the 2nd highest when compared to 30 other Sydney metropolitan councils.

4. What has been the average increase of Council rates in Parramatta over the last decade?

Executive Director Finance and Information Response:

The increase in Council rates is determined by the NSW government (IPART rate peg) with the average increase in the rate peg by IPART being 2.7%.

5. What is the percentage spread of rate payers across the differing amount levels of rates payable (i.e. what percentage of rate payers pay the minimum and then other amount ranges)?

Executive Director Finance and Information Response:

By rate category, the following percentage of ratepayers pay minimum rates in FY2023-2024. (Preparation of rate ranges by other amount ranges/increments, and percentages for every category of rates will require a report to Council).

Rate Category	Minimum
Residential	59.3%
Business General	23.0%
Business CBD	25.5%
Business CBD #2	0.0%
Business Industrial	5.0%

15.2

Accessibility and Baby Change Facilities in Public and Community Toilets

(Councillor Kellie Darley)

4744

question with notice:

1. How many Council parks have a public toilet? What proportion of these have a baby change table and/or accessible toilet?

Executive Director, City Assets & Operations response:

There are 20 Council parks with a public toilet. 16 park amenities have a baby change table and disability access and all 20 amenities have accessible toilets.

2. Do all Council operated community facilities (i.e. halls, meeting rooms, libraries) have an accessible toilet and a baby change table?

Executive Director, City Assets & Operations response:

There are 29 sites in total, of which 19 have at least one baby change table and 27 have accessible toilets. All sites have disability access.

3. In each Council public or community toilet with a baby change table, is at least one able to be used by both men and women?

Executive Director, City Assets & Operations response:

All Council park toilets that are fitted with a baby change table are able to be used by both women and men.

17 community facilities are fitted with a baby change table which are able to be used by both women and men.

15.3

Status of Various Council Resolutions

(Councillor Kellie Darley)

4745

QUESTIONS WITH NOTICE:

Please provide a status update on the following Council resolutions:

1. 3706 & 4599 – Smoke Free Parramatta Square

Executive Director, City Assets & Operations Response:

Stakeholder engagement for users/visitors of Parramatta and Centenary Squares in relation to Smoke Free Areas is currently being undertaken.

_________________________________________________________

2. 3838 – Tennis Facilities Review and Future Directions

Executive Director, Community & Culture Response:

Parts (a) – (d) of resolution have been completed. Parts (e) and (f) to conduct an EOI was not undertaken by the Property and Place Directorate and is now intended to be undertaken after completion of Council’s Property Strategy in June 2024.

_________________________________________________________

3. 4115 – Review of Library Opening Hours

Executive Director, Community & Culture Response:

Report is being prepared for a Council meeting in late May/early June 2024.

_________________________________________________________

4. 4298 – Parramatta: A Past Revealed

Executive Director, Community & Culture Response:

Report was submitted to the Council meeting of 25 March 2024.

_________________________________________________________

5. 4302 – Dog Owners Education Campaign

Executive Director, City Assets & Operations Response:

Report is being prepared for a Council meeting in late May/early June 2024.

__________________________________________________________

6. 4430 – Revolving Energy Fund

Executive Director City Assets & Operations Response:

Councillor workshop is scheduled for May 2024 with a report anticipated to be submitted to a Council meeting in June/July 2024.

_________________________________________________________

7. 4503 – Management of Abandoned Shopping Trolleys

Executive Director, City Assets & Operations Response:

Report is being prepared for a Council meeting in late May/early June 2024.

_________________________________________________________

8. 4338 – Report on Façade Improvement Grants program

Executive Director, City Assets & Operations Response:

Report is being prepared for a Council meeting in late April/early May 2024.

_________________________________________________________

Note: Councillors may obtain information on the status of all Council resolutions at any time via the Councillor Portal. Additionally, Councillors may contact Councillor Support via email or a service request at any time to request a detailed update on the status of any resolution of Council.

15.5

Council’s Public Trees Program

(Councillor Kellie Darley)

4746

Questions with notice:

1. Roughly how many trees need to be planted annually on streets and parks in the Parramatta LGA to help make sure Council reaches its target of 40% tree canopy by 2050?

Executive Director City Planning & Design response:

Councillors considered targets at the confidential Councillor workshop on the Canopy Plan on 18 March 2024. Details regarding estimated tree numbers and other operational requirements for canopy improvement will be made publicly available after Council endorses the draft Canopy Plan 2024 for public exhibition.

2. What is the current average cost per new tree planted?

Executive Director City Planning & Design response:

The cost is dependent on the location and size of tree planting. Costs to install and maintain street trees can vary between $1,200 upwards of $10,000 for CBD locations.

3. Does Council have a policy/ procedure around the selection of trees to be planted on public land, including considering Asthma friendly trees, balance of native and exotic trees as well as fruit trees?

Executive Director City Planning & Design response:

Yes – the Parramatta Street Tree Masterplan and the Auburn Council Street Tree Masterplan apply to areas within the city. They are supplemented by the City of Parramatta Public Domain Guidelines.

15.7

Questions Taken on Notice at the 25 March 2024 Council Meeting

(Report of Council Secretariat & Policy Officer)

4747

Questions Taken on Notice:

Councillor Valjak asked the following question on Item 8.4 – Celebrating Greek Independence Day – 25 March 2024;

1. Can the CEO please provide an update to Councillors on whether Council will reconsider flag raising ceremonies?

Executive Director City Engagement and Experience Response:

Flag raising ceremonies are currently still on hold until a flag raising policy is adopted by Council. The draft Policy was considered by the Policy Review Committee on 25 October 2023. At this meeting it was resolved that further consultation on the Policy was required and members of the Committee were requested to provide their feedback for consideration to progress the Policy. At this stage, no feedback has been provided.

_________________________________________________________

Councillor Darley asked the following questions on Item 12.1 Minutes of Audit Risk and Improvement Committee Meeting held on 23 November 2023;

1. How can Councillors receive the relevant information referred to in the ARIC Minutes when the Minutes are merely referred to Council to receive and note?

Executive Director Finance and Information Response:

The Minutes of each ARIC meeting are reported to Council to ‘receive and note’. There is no role for Council to deliberate or reconsider any of the matters that have been considered by ARIC.

If any Councillor requires additional information, a request for the information may be made to the Chair of the ARIC by Council resolution. The Chair is only required to provide the information requested by the governing body where the Chair is satisfied that it is reasonably necessary for the governing body to receive the information for the purposes of performing its functions under the Local Government Act 1993. Individual Councillors are not entitled to request or receive information from the ARIC.

Councillor Garrard and Councillor Pandey are the current Councillor members of the City of Parramatta Council Audit, Risk and Improvement Committee (ARIC) and in accordance with the Office of Local Government Guidelines for Risk Management and Internal Audit for Local Government in NSW, the role of a Councillor member is to:

· relay to the ARIC any concerns the governing body may have regarding the Council and issues being considered by the ARIC;

· provide insights into local issues and the strategic priorities of the Council that would add value to the ARIC’s consideration of agenda items;

· advise the governing body (as necessary) of the work of the ARIC and any issues arising from it; and

· assist the governing body to review the performance of the ARIC each Council term.

Further, the current ARIC Charter states that ‘The Committee may, at any time, report to the Council any matter it deems of sufficient importance to do so’.

2. Public Interest Disclosures Policy – request for training to be provided to Councillors.

Executive Director Finance and Information Response:

The CEO has requested the Internal Ombudsman to arrange two training sessions for interested Councillors. These dates are currently being coordinated with Councillor Support to ensure that one session is held during business hours and one session is held during the evening.

_________________________________________________________

Councillor Darley asked the following question on Item 12.2 ARIC Annual Report 2023

1. Can Council (or Councillors) receive a high-level overview of the key findings from Internal Audits, possibly via a Councillor Workshop?

Executive Director Finance and Information Response:

Internal Audit reports are routinely tabled at ARIC meetings where the findings and management responses are reviewed by the Audit, Risk and Improvement Committee (ARIC). As with other matters relating to ARIC, the mechanism for reporting back to Council is via the current Councillor ARIC members or when the ARIC considers it necessary to inform the Council as a significant matter.

_________________________________________________________

Councillor Bradley asked the following question on Item 12.4 Quarter Two Progress Report - Delivery Program and Operational Plan 2023/24;

1. Why did only 2 trees get planted within the last DPOP reporting period and how many are planned to be planted? Could we not report on the trees given out to the community?

Executive Director City Assets and Operations Response:

There have been hundreds of trees planted in parks across the LGA. However, street trees are scheduled for planting during the cooler Autumn months, with 750 plantings scheduled before the end of the Autumn season. During the September 2023 free plant day, a total of 3,600 plants and trees were given away to the community.

_________________________________________________________

Councillor Noack asked the following questions on Item 12.5 Traffic Engineering Advisory Group – 21 February 2024 – Minutes;

1. Bennelong Bridge Load Limit was recently increased from 5 tonne to 30 tonne. When will the 533 bus be allowed to cross this bridge?

Executive Director City Planning and Design Response:

The repair options for the bridge are currently being investigated by Council staff and it is expected that the detailed design of the selected option will be undertaken before the end of 2024. Subject to Council allocating the required funding, tenders will be called and works will be targeted for 2025. When the works are completed, Bus Route 533 will be permitted to travel across the bridge.

2. Roadwork on roundabout and pedestrian crossing at Burroway Road and Hill Road. When will the work be complete?

Executive Director City Planning and Design Response:

During physical works on-site, the developer uncovered stormwater assets that were not identified during the initial subgrade investigations. As these assets were in conflict with the approved drainage design, the developer has been working with Council’s Stormwater Engineers to modify the design and resubmit for approval. Subject to Council’s approval of the revised design and weather conditions, it is expected that construction will recommence in April and be completed in June 2024.

_________________________________________________________

Councillor Bradley asked the following question on Item 15.3 Developer Contributions – Parramatta City Local Infrastructure Contributions Plan – Church St North Precinct;

1. Total works program – it appears that the total works quantum has been fixed. Could Councillors please be provided with a copy of the works program. If possible, if this information could be published on Council’s website.

Executive Director City Planning and Design Response:

The works schedule for the Contributions Plan is contained at Appendix C (page 21) and is available on Council’s website at this link Parramatta City Centre Local Infrastructure Contributions Plan 2022 (nsw.gov.au).

8. Minutes of the Lord Mayor

8.1

Youth Week 2024

(Lord Mayor Councillor Pierre Esber)

4748

RESOLVED: Lord Mayor, Councillor Esber and Councillor Garrard

(a) That Council acknowledge City of Parramatta’s Youth Week, the largest youth-focused program in over a decade, being held from 11-21 April 2024 with the theme: ‘Express. Empower. Get Loud!’.

(b) That Council celebrate the important perspectives and contributions of young people in the Parramatta community.

(c) That Council note the ongoing work to develop a Youth Inclusion Framework in consultation with young people, with a draft plan to be presented to Council in August 2024.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice (Clr Garrard) regarding Item 8.1 Youth Week 2024;

· Most of the programs listed seem to be targeted towards youth aged 17 and below. Which programs are more older youth (aged 17-24) focused?

Question Taken on Notice (Clr Pandey) regarding Item 8.1 Youth Week 2024;

· Will the any of the events for this year, be focused on the Emerging Civic Leadership Program?

Note: Councillor Pandey requested, where possibly, if the Lord Mayoral Minutes could be distributed earlier on the day of the Council Meeting to allow the Councillors an opportunity to review prior to the meeting.

8.2

Proposed Postponement of June 2024 i4Give Day Free Public Fete

(Lord Mayor Councillor Pierre Esber)

4749

RESOLVED: Lord Mayor, Councillor Esber and Deputy Lord Mayor, Councillor Prociv

(a) That Council note that the i4give Foundation is seeking to postpone the 2024 i4give Day free public fete.

(b) That Council postpone the planned 2024 i4give Day free public fete and support the event being held before 30 June 2025.

(d) That Council provide the i4give Foundation with details of the revised public fete event, including the scope, program and budget for the 2025 free public fete.

Record of Voting:

For the Motion: Unanimous

9. Public Forum

Speaker	Report No.	Report Title
Melissa Brooks	14.1	Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters

Note: All Councillors were provided with copies of the Public Forum submissions prior to the Council Meeting.

10. Petitions

There were no petitions tabled at this meeting.

11. Rescission Motions

Nil

12. Reports to Council - For Notation

12.1

Referral of Inspection Reports by Fire and Rescue NSW

(Report of the Team Leader Building Compliance)

4750

RESOLVED: Councillor Pandey and Councillor Noack

(a) That Council notes the inspection reports from Fire and Rescue NSW (FRNSW), pursuant to Schedule 5, Part 8 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

(b) That Council note FRNSW will be advised in due course of the ongoing actions taken by Council officers to address concerns identified by FRNSW.

(c) That Council note the exercise of powers pursuant to Schedule 5, Part 8 (17) of the EP&A Act, to give fire safety orders addressing fire safety measures to the buildings located at:

1 8-10 Howard Avenue, Northmead

2 12-14 Howard Avenue, Northmead

3 1 Bennelong Parkway, 17 & 19 Amalfi Drive, Wentworth Point,

as outlined in this report and provide further notice of its determination to the Commissioner of FRNSW.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice (Councillor Pandey) regarding Item 12.1 Referral of Inspection Reports by Fire and Rescue NSW;

· Request to resend the advice that was previously provided to Councillors on this matter (flammable building materials).

Question Taken on Notice (Clr Prociv) regarding Item 12.1 Referral of Inspection Reports by Fire and Rescue NSW;

· Why have Fire Safety Orders been served in Wentworth Point and not in Northmead?

12.2

Deferred from OCM 12 February 2024 - Delegation of the Lord Mayor and Chief Executive Officer Exercised During the 2023/24 Recess Period

(Report of the Executive Officer)

4751

RESOLVED: Councillor Garrard and Councillor Wang

(a) That Council note the decisions exercised under delegated authority during the recess period, being Tuesday 12 December 2023 until Sunday 11 February 2024, contained within this report.

(b) That Council note there was no financial expenditure incurred under joint delegated authority during previous recess periods throughout this term of Council.

(c) That Council note the typographical error on page 6 of the report – the 2022/23 financial year was quoted when it should have been 2023/24.

Record of Voting:

For the Motion: Unanimous

13. Reports to Council - For Council Decision

13.1

Minutes of Parramatta Traffic Committee Extraordinary Meeting of 6 March 2024

(Report of the Traffic & Transport Team Leader)

4752

RESOLVED: Councillor Noack and Councillor Humphries

(a) That Council note the minutes of the Parramatta Traffic Committee extraordinary meeting held on 6 March 2024, provided at Attachment 1.

(b) Further, that Council approves the recommendations of the Parramatta Traffic Committee extraordinary meeting held on 6 March 2024 provided at Attachment 1 and in this report, noting the following financial implications.

ITEM 2403 A1 WIGRAM STREET, HARRIS PARK – UJJALA CARNIVAL OF COLOURS AND DIWALI FESTIVAL 2024

The proposed Ujjala Carnival of Colours and Diwali Festival events in Wigram Street, Harris Park in May and October 2024 are to be delivered by Little India Harris Park Business Association (LIHPBA) at no cost to Council. Therefore, this matter has no direct financial impact upon Council's budget.

Record of Voting:

For the Motion: Unanimous

13.2

Council Policies for Rescission: Social Investment Funding; Playgrounds

(Report of Policy Officer)

4753

MOTION: Councillor Darley and Deputy Lord Mayor, Councillor Prociv

(a) That Council approve the immediate rescission of the following Council Policies:

i. Social Investment Funding Policy 2016 (Policy 346); and

(b) That the Playgrounds Policy 2018 (Policy 81) be reported back to the Policy Review Committee for further consideration.

AMENDMENT: Councillor Garrard and Councillor Wang

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

i. Social Investment Funding Policy 2016 (Policy 346); and

ii. Playgrounds Policy 2018 (Policy 81).

Record of Voting:

For the Amendment: Lord Mayor, Councillor Esber, Councillors Garrard, Green, Humphries, MacLean, Noack, Pandey, Deputy Lord Mayor Councillor Prociv, Siviero, Valjak, Wang and Wearne

Against the Amendment: Councillors Bradley and Darley

On being put to the meeting voting on this amendment was twelve (12) votes FOR and two (2) votes AGAINST. The Amendment became the MOTION.

RESOLVED: Councillor Garrard and Councillor Wang

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

i. Social Investment Funding Policy 2016 (Policy 346); and

ii. Playgrounds Policy 2018 (Policy 81).

Record of Voting:

For the Motion: Lord Mayor, Councillor Esber, Councillors Garrard, Green, Humphries, MacLean, Noack, Pandey, Deputy Lord Mayor Councillor Prociv, Siviero, Valjak, Wang and Wearne

Against the Motion: Councillors Bradley and Darley

On being put to the meeting voting on this Motion was twelve (12) votes FOR and two (2) votes AGAINST. The Motion was CARRIED.

13.3

Public Exhibition of Draft Sportsground Allocation Policy 2024

(Report of the Policy Officer)

4754

RESOLVED: Councillor Pandey and Councillor MacLean

That consideration of this matter be deferred by two (2) weeks and reported to the next ordinary Council meeting.

Record of Voting:

For the Motion: Unanimous

Question Taken on Notice (Clr Darley) regarding Item 13.3 Public Exhibition of Draft Sportsground Allocation Policy 2024;

· What else can Council do to ensure proper consultation is done with other stakeholders?

The Chief Executive Officer confirmed that the response to this questions can be included in the deferred report.

13.4

Public Exhibition of Draft Debt Management and Hardship Assistance Policy 2024

(Report of the Policy Officer)

Item dealt with earlier in the meeting.

13.5

Gateway Request: Planning Proposal for 124 Wigram Street, Harris Park

(Report of Project Officer-Land Use)

4755

RESOLVED: Councillor Garrard and Councillor Noack

(a) That Council approve for the purposes of seeking a Gateway Determination from the Department of Planning, Housing and Infrastructure (DPHI) the Planning Proposal for land at 124 Wigram Street, Harris Park at Attachment 1 which seeks to amend the Parramatta Local Environmental Plan 2023 (PLEP 2023) Height of Building Map in relation to the subject site from 72 metres to a maximum building height of 103 metres (118.45 metres including the design excellence bonus).

(b) That Council request the DPHI to include a condition in the Gateway Determination requiring the preparation of an updated local flood study prior to any public exhibition of the Planning Proposal to reflect the draft Parramatta River Flood Study 2023 study.

(c) That Council request the DPHI to provide Council with the authorisation to exercise its plan-making delegations for this Planning Proposal.

(d) That Council note the Local Planning Panel’s advice to Council (refer to Attachment 2) is consistent with the Council Officer’s recommendation in this report.

(e) That Council delegate authority to the Chief Executive Officer to correct any minor anomalies of a non-policy and administrative nature that may arise during the amendment process.

Record of Voting:

For the Motion: Lord Mayor, Councillor Esber, Councillors Darley, Garrard, Green, Humphries, MacLean, Noack, Pandey, Deputy Lord Mayor Councillor Prociv, Siviero, Valjak, Wang and Wearne

Against the Motion: Councillor Bradley

On being PUT to the meeting voting on this item was Thirteen (13) votes FOR and One (1) vote AGAINST. The Motion was CARRIED

13.6

Planning Agreement Amendments: 20-22 Macquarie Street, Parramatta and 197-207 Church Street/89 Marsden Street, Parramatta

(Report of Team Leader Infrastructure Planning)

4756

RESOLVED: Councillor Garrard and Councillor Wang

(a) That Council endorse in-principle amendments to existing Planning Agreements relating to land at 20-22 Macquarie Street and 197-207 Church Street and 89 Marsden Street, Parramatta to delete the obligations relating to Public Access & Easements, including any ancillary amendments.

(b) That delegated authority be granted to the CEO to prepare the draft Deeds of Variation to the Planning Agreements for public exhibition purposes.

(d) That, the outcomes of the public exhibition be detailed in a further report to Council.

Record of Voting:

For the Motion: Lord Mayor, Councillor Esber, Councillors Darley, Garrard, Green, Humphries, MacLean, Noack, Pandey, Deputy Lord Mayor Councillor Prociv, Siviero, Valjak, Wang and Wearne

Against the Motion: Councillor Bradley (abstain)

On being PUT to the meeting voting on this item was Thirteen (13) votes FOR and One (1) vote AGAINST. The Motion was CARRIED.

ADJOURNMENT OF MEETING

At 7.43pm, the Lord Mayor, Councillor Esber adjourned the meeting for 5 minutes.

At the time of the Adjournment, the following Councillors were present:

Lord Mayor, Councillor Esber, Deputy Lord Mayor, Councillor Prociv and Councillors MacLean, Pandey, Humphries, Noack, Bradley, Wearne, Garrard, Wang, Siviero, Green, Darley and Valjak.

RECONVENED MEETING

At 7.50pm, the Lord Mayor, Councillor Esber reconvened the meeting.

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

Lord Mayor, Councillor Esber and Councillors MacLean, Prociv, Pandey, Humphries, Noack, Bradley, Wearne, Garrard, Wang, Siviero, Green, Darley and Valjak.

Note: The following disclosures of interests were made in respect to item 14.1

Note: At 7.51pm the following Councillors left the meeting;

Lord Mayor ,Councillor Esber and Councillors Garrard, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne.

Note: Councillors Darley, MacLean, Green, Prociv and Bradley remained in the meeting.

Note: The Lord Mayor Councillor Esber declared a disclosure of interest in the following item therefore vacated the Chair at 7.52pm

Note:....... The Deputy Lord Mayor Councillor Prociv assumed the role of Chairperson.

The Deputy Lord Mayor Councillor Prociv advised that due to a lack of quorum on Item 14.1 (Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters), the item could not be debated or voted on.

14.1

Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters

(Councillor Kellie Darley)

Councillor Darley disclosed a Non- Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she is a renter and has been served a ‘No Grounds’ eviction in the LGA. Councillor Darley will take part in the consideration and voting on this item.

Lord Mayor Councillor Esber disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that he is a property owner and does not wish to put his position at conflict. Councillor Esber will not take part in the consideration and voting on this item.

Councillor Garrard disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she owns two properties. Councillor Garrard will not take part in the consideration and voting on this item.

Councillor Humphries disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she is a landlord in the LGA. Councillor Humphries will not take part in the consideration and voting on this item.

Councillor Noack disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 for the reason that he is a landlord in the LGA. Councillor Noack will not take part in the consideration and voting on this item.

Councillor Pandey disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that he owns a rental property. Councillor Pandey will not take part in the consideration and voting on this item.

Councillor Siviero disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that he owns an investment property for which he is a landlord. Councillor Siviero will not take part in the consideration and voting on this item.

Councillor Valjak disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she is a landlord of a property and does not wish to put herself in a position on voting or discussing this matter as in her opinion there is conflict between her personal interest in this matter and this item. Councillor Valjak will not take part in the consideration and voting on this item.

Councillor Wang disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she is a renter in the LGA. Councillor Wang will not take part in the consideration and voting on this item.

Councillor Wearne disclosed a Significant, Non-Pecuniary interest in relation to Item 14.1 Council Support to End 'No-Grounds' Evictions and Emergency Bookings for Clean Up Service for Renters for the reason that she is a property owner and a landlord in the LGA. Councillor Wearne will not take part in the consideration and voting on this item

This matter lapsed due to a lack of quorum.

Note: At 7.54pm the following Councillors returned to the meeting

Lord Mayor ,Councillor Esber and Councillors Garrard, Humphries, Noack, Pandey, Siviero, Valjak, Wang and Wearne.

15. Questions with Notice

15.1

Council Rate Categories and History of Rate Increases

(Councillor Kellie Darley)

Item dealt with earlier in the meeting.

15.2

Accessibility and Baby Change Facilities in Public and Community Toilets

(Councillor Kellie Darley)

Item dealt with earlier in the meeting.

15.3

Status of Various Council Resolutions

(Councillor Kellie Darley)

Item dealt with earlier in the meeting

15.4

Playground Replacement Program

(Councillor Kellie Darley)

4757

QUESTION WITH NOTICE:

1. Please provide a list of playgrounds 15 years and older by Ward, with the name of the playground, suburb, year constructed, condition rating and year estimated to be replaced.

Executive Director, City Assets & Operations Response:

Please see table below: A detailed confidential table will be provided under separate cover to Councillors via the Councillor Portal.

2. What is the average cost range to replace a playground currently?

Executive Director, City Assets & Operations Response:

An average cost cannot be provided. (Costs can range from $175,000 for a local playground up to $1 million for a district playground).

3. What factors are concerned when prioritising playgrounds to be replaced?

Executive Director, City Assets & Operations Response:

A multi-factor assessment approach is used taking into consideration factors such as the asset condition rating, age, walking catchments and current and future playground provision arising from the Community Infrastructure Strategy.

4. What is the lifespan of our playgrounds?

Executive Director, City Assets & Operations Response:

In accordance with Council’s current Asset Management System, the useful life of our playgrounds is generally 15 years, however this can be extended up to 30 years on a case by case basis.

5. What is the current budget for playground replacements?

Executive Director, City Assets & Operations Response:

The playground replacement budget for 2023/24 is $1,020,000.

15.5

Council’s Public Tree Program

(Councillor Kellie Darley)

Item dealt with earlier in the meeting.

15.6

Developer Contributions for Local Infrastructure (City Centre/Church St Precinct, North Parramatta)

(Councillor Phil Bradley)

4758

questions with notice:

1. As advised by the Executive Director, City Planning and Design, for the CBD/City Centre full development, “the current funding gap between the total works program [for local community infrastructure] and the estimated [developer contribution] income is $1.295 Billion” ie. $1,295 million. What please is the breakup list of items and their location included in the “total works program”/schedule?

Executive Director, City Planning & Design Response:

The list of items, estimated cost and priority is included within the Works Program to the Parramatta City Centre Local Infrastructure Contributions Plan 2022 in Appendix C (which is a statutory requirement in any plan). Maps showing the location of the works are included at Appendix D. The Plan is available at: Parramatta City Centre Local Infrastructure Contributions Plan 2022 (nsw.gov.au).

2. Officers have previously advised that “to fully fund the [directly attributable] apportionable component [of work schedule items], the proposed [contribution] rates would, in theory, need to double”.

a) In the Church St North [Parramatta] precinct, the stated 20% reduction of theoretical GFA would already reduce the cost of development by about 20% and thus the cost of a 5% developer contribution by about 20%. Why then should Council allow an additional 20% cost reduction of the city centre 5% developer contribution rate to 4% for residential development?

b) Likewise, why should Council allow a 25% additional cost reduction of the city centre 4% contribution rate to 3% for commercial development, when a theoretical 20% reduction of GFA would already reduce the cost of a 4% developer contribution rate by about 20%?

Executive Director, City Planning & Design Response:

To fully fund the apportionable component of the works program of about $1.2 billion, the Officer’s report to the meeting of 25 October 2021 (page 762) stated that the 3% levy in place at that time would need to double to 6% levy (assuming full development of all sites). However, this rate could not be supported on development feasibility grounds, which was verified by independent testing. The previous report to Council of 26 February 2024 (page 109) explained the rationale for the proposed percentage rates for the Church Street North precinct (4% for Residential and 3% for Commercial) that were endorsed by Council for exhibition – page 12). As contributions in the City Centre are calculated using estimated development cost, a reduction in the development potential on a site or in a precinct inevitably reduces the potential overall income across that precinct. These principles also apply to commercial development.

3. Given the apparent “double dipping” reduction of the 4%/3% recommended developer contribution referred to in 2 above, surely a slightly increased 4.5% residential and 3.5% commercial contribution rate in the Church St North precinct would still be “viable” by providing a very profitable Internal Rate of Return of about 20% and provide about $5 million more for the community?

Executive Director, City Planning & Design Response:

Council’s endorsed draft rates for the Church Street North precinct align with the 20% reduction in development potential between Council’s original CBD Planning Proposal and the final planning controls developed through the State Government-led rezoning. An analysis of the rates recommended to Council and their impact on the theoretical Internal Rate of Return (IRR) achievable by developers in the precinct is provided in the Officer’s Report of 25 October 2021 (Paragraphs 18 and 19). The consultant’s report suggests that even at higher FSRs, a 5% contribution would only just meet the industry accepted benchmark of 20% IRR. Therefore, officers are satisfied that the 4% recommended for residential is an appropriate adjustment given the 20% decrease in development potential and the need to retain business confidence and continue to attract investment in the Parramatta CBD.

4. Approximately what proportion of the LGA’s residential and commercial rates, fees and/or charges will need to be contributed each year to fund the estimated $1.295 Billion infrastructure shortfall associated with new development in addition to these paying for Council’s operating expenses?

Executive Director, City Planning & Design Response:

The Works Program within the City Centre contributions plan sets out estimated costs of works and locations for delivery over the 40-year life of the contributions plan based on local infrastructure assumptions and priorities when the Program was developed (2021-2022). The Works Program is subject to periodic reviews and change. The final commitment to deliver particular works aligns with Council’s Delivery Program and Operational Plan and budgeting processes as resolved by Council each year. In addition, funding for certain projects usually entails a mix of developer contributions, VPA funding, grants from Federal and State governments and Council funds. For these reasons, officers are not in a position to estimate what proportion of funding for the works program will be derived from rates vs other sources of funding that become available each year.

15.7

Questions Taken on Notice at 25 March 2024 Council Meeting

(Report of the Council Secretariat and Policy Officer)

Item dealt with earlier in the meeting.

PROCEDURAL MOTION

Move to closed session

RESOLVED: Councillor Noack and Councillor Wearne

That at this time of the meeting, being 7.57pm, 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 Request for Quotation - Lake Parramatta Reserve Swimming Area (Area A) Lackey Street, North Parramatta (Group Manager Capital Projects)

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.

Record of Voting:

For the Motion: Unanimous

Note: Council moved into closed session at 7.57pm

Note: Councillor Green left the meeting at 8.17pm and did not return.

16. CLOSED SESSION

16.1

Request for Quotation - Lake Parramatta Reserve Swimming Area (Area A) Lackey Street, North Parramatta

(Report of Group Manager Capital Projects)

MOTION: Councillor Garrard and Councillor Wearne

That consideration of this matter be deferred until a Councillor Workshop has been held.

AMENDMENT: Councillor Darley and Councillor MacLean

(a) That the quotation submitted by RARE Environmental Pty Ltd for construction of Area A of the Lake Parramatta Reserve Swimming Area Upgrade for the sum of $1,135,727.85 (excluding GST) be accepted.

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

(d) That a Councillor workshop be held to discuss risk mitigation measures at Lake Parramatta.

Record of Voting:

For the Amendment: Lord Mayor, Councillor Esber, Deputy Lord Mayor, Councillor Prociv Councillors Bradley, Darley, Humphries MacLean, Noack, Pandey and Valjak

Against the Amendment: Councillors Garrard, Siviero, Wang and Wearne.

On being put to the meeting, voting on the Amendment was nine (9) votes FOR and four (4) votes AGAINST. The Amendment therefore became the MOTION.

MOTION: Councillor Darley and Councillor MacLean

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

(d) That a Councillor workshop be held to discuss risk mitigation measures at Lake Parramatta.

Record of Voting:

For the Motion: Lord Mayor, Councillor Esber, Deputy Lord Mayor, Councillor Prociv Councillors Bradley, Darley, Humphries, MacLean, Noack, Pandey and Valjak

Against the Motion: Siviero, Garrard, Wearne and Wang

On being put to the meeting, voting on the Motion was nine (9) votes FOR and four (4) votes AGAINST. The Motion was CARRIED.

Question Taken on Notice (Clr Garrard) in relation to Item 16.1 Request for Quotation - Lake Parramatta Reserve Swimming Area (Area A) Lackey Street, North Parramatta (CLOSED SESSION)

PROCEDURAL MOTION

RETURN TO OPEN SESSION

RESOLVED: Councillor Noack and Councillor MacLean

That Council move into open session.

Record of Voting:

For the Motion: Unanimous

Note: Council Moved to Open Session at 8.56pm.

PROCEDURAL MOTION

CONSIDERATION OF RECOMMENDATIONS FROM CLOSED SESSION

RESOLVED: Councillor Noack and Councillor MacLean

That the recommendations in relation to Item:

· 16.1 Request for Quotation - Lake Parramatta Reserve Swimming Area (Area A) Lackey Street, North Parramatta

be received and noted as resolutions of Council without any alteration and amendment thereto.

Record of Voting:

For the Motion: Unanimous

16.1

Request for Quotation - Lake Parramatta Reserve Swimming Area (Area A) Lackey Street, North Parramatta

(Report of Group Manager Capital Projects)

4759

RESOLVED: Councillor Noack and Councillor MacLean

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

(d) That a Councillor workshop be held to discuss risk mitigation measures at Lake Parramatta.

Record of Voting:

For the Motion: Lord Mayor, Councillor Esber, Deputy Lord Mayor, Councillor Prociv Councillors Bradley, Darley, Humphries, MacLean, Noack, Pandey and Valjak

Against the Motion: Siviero, Garrard, Wearne and Wang

On being put to the meeting, voting on the Motion was nine (9) votes FOR and four (4) votes AGAINST. The Motion was CARRIED.

CONCLUSION OF MEETING

The meeting concluded at 8.58pm.

This page and the preceding 31 pages are the Minutes of the Ordinary Council Meeting held on Monday, 8 April 2024 and confirmed on Monday, 22 April 2024.

Chairperson