Ordinary Council Meeting
Monday, 12 August 2024
6.30pm
Council Chamber
Level 4, PHIVE
Parramatta Square, Parramatta
COUNCILLORS PRESENT
The Lord Mayor, Councillor Pierre Esber, Deputy Lord Mayor, Councillor Patricia Prociv and Councillors Phil Bradley, Kellie Darley, Michelle Garrard, Henry Green, Cameron MacLean, Paul Noack, Sameer Pandey, Georgina Valjak, Donna Wang and Loraine Wearne.
STAFF PRESENT
Chief Executive Officer - Gail Connolly, Executive Director City Engagement and
Experience - Angela Jones-Blayney, Executive Director City Assets & Operations -
George Bounassif, Executive Director Finance and Information - John Angilley, Executive Director City Planning and Design -Jennifer Concato, Executive Director Community and Culture – Jon Greig, Group Manager Office of the Lord Mayor and CEO - Roxanne Thornton, Chief People, Culture and Performance Officer - Brendan Clifton, Chief Information Officer and Acting Chief Governance and Risk Officer - John Crawford, Chief Financial Officer - Amit Sharma, Group Manager, City Planning & Design - Robert Cologna, Principal Solicitor - Esther Nelson, Project Team Lead, City Planning & Design - Augusta Supple, City Planning & Design - Karim Kisirwani, , ICT Service and Delivery Manager - Ian Vong, ICT Service Desk Officer- Naveet Cheema, Secretariat Support Officer - Adrianna Hokin, Business Manager - Michelle Samuel, Manager Customer Experience - Leigh Sales
1. OPENING MEETING
The Lord Mayor, Councillor Esber, opened the meeting at 6.43PM.
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
RESOLVED: Councillor Noack and Deputy Lord Mayor, Councillor Prociv
That and apology be accepted on behalf of Councillor Humphries and a leave of absence be granted.
Record of Voting:
CARRIED
Note: Councillor Darley and Councillor MacLean arrived to the meeting at 6.45pm
6. CONFIRMATION OF MINUTES
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4825 |
RESOLVED: Councillor Noack and Councillor Pandey
That the minutes be taken as read and be accepted as a true record of the Meeting.
Record of Voting: CARRIED
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Question on Notice on Item 14.6 from the previous Council Meeting (‘Recent Petitions from the Harris Park Business Community - Mobile Food Vendors’) by Councillor Noack:
· Could the Lord Mayor write a follow-up letter to the Minister for Planning and Public Spaces, the Hon. Paul Scully MP for a response to this Item?
Question on Notice on Item 6 (‘Confirmation of Minutes’) by Councillor Bradley:
· Could staff include a note in future Council Meeting minutes indicating where in the business papers members of the public can view the public submissions?
7. DISCLOSURES OF INTEREST
Councillor Darley disclosed a Pecuniary Interest on Item 15.1 for the reason that she is in legal proceedings against Council at NCAT and the Supreme Court.
Councillor Darley disclosed a Pecuniary Interest on Item 15.2 for the reason that she is in legal proceedings against Council at NCAT and the Supreme Court.
Councillor Garrard disclosed a Non-Pecuniary and Less than Significant interest on Item 8.4 for the reason that her step-mother is a new member to the community board.
8. Minutes of the Lord Mayor
PROCEDURAL MOTION
DEALING WITH ITEMS BY EXCEPTION
RESOLVED: Councillor Garrard and Councillor Noack
In accordance with Section 13 of Council’s Code of Meeting Practice, Council resolve to adopt the following items in accordance with the recommendations as printed, without debate;
· 8.1:... Parramatta District Cricket Club Book
· 8.3:... Camp Quality’s Big, Big, Big Walk for Little Kids
· 8.4:... Making a Difference for Christmas (Shirley Wehbe Lunch)
· 8.5:... Congratulations on Urban Development Institute of Australia (UDIA) NSW and Urban Property Group Award for Excellence Award
· 12.1:. Investment Report for June 2024
· 15.1:. Cost of Legal Actions Taken by Councillors in 2021-2024
· 15.2:. Councillor Kellie Darley v City of Parramatta - Supreme Court No. 2024/00266362
· 15.3:. West Epping Park Synthetic Sports Fields
· 15.4:. Councillor Service Requests for 2021 - 2024.
· 16.1:. Exemption to Tender - Geospatial Licensing
· 16.2:. Status Report - Epping Aquatic Centre
Record of Voting:
CARRIED
Note: Councillor Garrard disclosed a Non-Pecuniary Less than Significant Interest in this item for the reason that she has reached pensioner age.
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15.1 |
Cost of Legal Actions Taken by Councillors in 2021-2024 (Councillor Michelle Garrard) |
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4832 |
Note: Councillor Darley disclosed a Pecuniary Interest in this item for the reason that she is in legal proceedings against Council at NCAT and the supreme court.
QUESTION WITH NOTICE
1. How many times has Councillor Darley taken legal action against the City of Parramatta Council in 2021-2024? Executive Director Finance and Information Response: Councillor Darley has taken legal action against Council three times – the details are as follows:
i. NCAT Proceedings – Kellie Darley v City of Parramatta – Application under Government Information (Public Access) Act 2009 – Case number 2023/00165199: discontinued by Clr Darley. ii. NCAT Proceedings – Clr Kellie Darley v City of Parramatta – Application under Government Information (Public Access) Act 2009 – Case number 2024/00125079: proceedings are ongoing. iii. NSW Supreme Court Proceedings – Kellie Darley v City of Parramatta Council and Phil O’Toole – Case number 2024/00266362: proceedings are ongoing.
2. What was the result and what was the legal costs to the community? Executive Director Finance and Information Response: The information is confidential and privileged and has been provided to all Councillors under separate cover, except for Councillor Darley as she has brought the proceedings against Council in these matters.
3. What was the estimated cost of staff time? Executive Director Finance and Information Response: The information is confidential and privileged and has been provided to all Councillors under separate cover, except for Councillor Darley as she has brought the proceedings against Council in these matters.
4. Has Council tried to mediate to limit costs? Executive Director Finance and Information Response: Yes - in the first NCAT proceeding Council was able to resolve the matter directly via negotiation with Councillor Darley.
For the second NCAT proceeding, Council has made a number of unsuccessful attempts to resolve the proceedings with Councillor Darley and will continue to do so in order to limit costs.
The NSW Supreme Court proceedings are at an early stage, noting that there is generally a formal mediation ordered by the Court as part of the proceedings.
5. Have other current Councillors taken legal action against Council in 2021-2024? Executive Director Finance and Information Response: There have been no proceedings that have been commenced by current Councillors against Council in 2021-2024. |
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15.2 |
Councillor Kellie Darley v City of Parramatta - Supreme Court No. 2024/00266362 (Councillor Michelle Garrard) |
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4833 |
Note: Councillor Darley disclosed a Pecuniary Interest in this item for the reason that she is in legal proceedings against Council at NCAT and the Supreme Court.
QUESTION WITH NOTICE
The email to Councillors on 22 July 2024 from Councillor Kellie Darley stated that she is taking action against Council in relation to her censure and the Code of Conduct Investigation Report.
1. What is the estimated cost to the community (ratepayers) to defend this legal action in Court? Executive Director Finance and Information Response: The information is confidential and privileged, and has been provided to all Councillors under separate cover, except for Councillor Darley as she has brought proceedings against Council in this matter.
2. What is the timeframe for completion of the Court action? Executive Director Finance and Information Response: This will depend on the Court process but can usually take between 12 to 18 months (sometimes longer) until there is a hearing and a decision by the Court.
3. Does the Court action have any impact on Council's decision to censure Councillor Darley for misconduct? Executive Director Finance and Information Response: The information is confidential and privileged, and has been provided to all Councillors under separate cover, except for Councillor Darley as she has brought proceedings against Council in this matter. |
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15.3 |
West Epping Park Synthetic Sports Fields (Councillor Kellie Darley) |
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4834 |
1. What is the current condition of the synthetic field at West Epping Park and have there been any issues with it? Executive Director City Assets and Operations Response: The fields are in a satisfactory condition. A previous audit in 2020 identified issues with poor contractor workmanship, which were resolved in 2023.
2. What have been the costs associated with maintaining it? Executive Director City Assets and Operations Response: Council has a fixed price maintenance contract with an external contractor for both fields. The contract is commercial-in-confidence. However, it should be noted that Council has increased the maintenance regime for the fields (above the level of maintenance for an average synthetic field) due to high community demand and utilisation rates exceeding 50 hours per week (excluding unregulated hours). The additional maintenance cost has been included in the annual sports fields maintenance budget.
3. What is the remaining useful life of the synthetic field at West Epping Park? Executive Director City Assets and Operations Response: Council records indicate that the synthetic fields were installed in 2017 and received independent certification in August 2018. It is expected that the fields will significantly exceed their 10-year useful life if the current maintenance regime is maintained. |
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15.4 |
Councillor Service Requests for 2021 - 2024 (Councillor Kellie Darley) |
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1. What is the total number of service requests raised by each Councillor during this term of Council and what percentage have been closed per Councillor? STAFF RESPONSE The table below includes an overview of Service Requests (SR) raised by Councillors as at 11.59pm on 6 August 2024:
It should be noted that:
An SR is not created if a response can be provided by staff within 2 days;
- Councillor requests lodged via direct email to staff are not always raised as a SR;
- Multiple Councillors can be listed as a customer on one SR;
- Ward based customer names were implemented mid-term to specifically track SR raised in Ward Briefings; and
- Lord Mayor is listed as the customer where a resident has written to lordmayor@cityofparramatta.nsw.gov.au, and where the matter is not processed as Lord Mayor correspondence in Council’s Document Management System.
^Resigned from Council effective 23 January 2024 ~Resigned from Council effective 14 June 2024 |
Note: Councillor Darley left the meeting at 7.14pm.
9. Public Forum
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Speaker |
Item No. |
Report Title |
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1. |
Matt Mushalik |
13.9 |
Adoption of Parramatta 2050 (Advocacy Strategy) |
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2. |
Judy Greenwood |
13.9 |
Adoption of Parramatta 2050 (Advocacy Strategy) |
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3. |
Anthony Mazza |
13.9 |
Adoption of Parramatta 2050 (Advocacy Strategy) |
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4. |
Ali Faraj |
13.9 |
Adoption of Parramatta 2050 (Advocacy Strategy) |
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5. |
Mark Green |
14.1 |
Peninsula Park, 9 Burroway Road Wentworth Point |
Note: All Public Forum submissions were published in a Supplementary Agenda prior to the Council Meeting and available on Council’s website.
PROCEDURAL MOTION
ORDER OF BUSINESS
RESOLVED: Councillor MacLean and Councillor Pandey
That in accordance with Section 8 of Council’s Code of Meeting Practice, Council resolve to amend the order of business to allow consideration of the below listed items ahead of any other business on the agenda; -
· 13.8: Preparation of the Epping Town Centre Master Plan (Scope)
· 13.9: Adoption of Parramatta 2050 (Advocacy Strategy)
· 14.1: Peninsula Park 9 Burroway Road, Wentworth Point
Record of Voting:
CARRIED
Note: Councillor Darley returned to the meeting at 7.18pm.
Note: The CEO addressed the Council in recognition of Council’s resolution to adopt Parramatta 2050 and thanked Councillors and the staff who have worked to produce the document.
Note: Councillor MacLean left the meeting at 8.11pm.
Note: Councillor MacLean returned to the meeting at 8.16pm.
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14.1 |
Peninsula Park 9 Burroway Road, Wentworth Point (Councillor Paul Noack) |
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4840 |
RESOLVED: Councillor Noack and Deputy Lord Mayor, Councillor Prociv (a) That the Lord Mayor write to the Premier of NSW, the Hon Chris Minns MP and the Minister for Planning, the Hon Paul Scully MP requesting the remaining Crown Land to the east of the Wentworth Point High School (being 9 Burroway Road, Wentworth Point) be delivered by the NSW Government for environmental, recreational and community purposes as a matter of priority, to achieve: i. A full Peninsula Park minimum of 3.9 hectares ii. An oval for the shared use of the community on the Crown Land iii. Active and passive recreation areas iv. Increased staff parking at the two schools (or suitable economic arrangements with surrounding facilities) v. A new environmentally sensitive seawall/foreshore treatment to support the marine habitat and rehabilitate the endangered saltmarsh, mangrove and intertidal rock platform habitats vi. Eradication of the invasive weeds including Spiny Rush (Juncus acutus) vii.Expansion and rehabilitation of Coastal Saltmarsh with particular attention to the identified vulnerable species Wilsonia backhousei viii.Re-establishment of Swamp she-oak (Casuarina glauca) Floodplain Forest ix. Recognition of the unique indigenous heritage of Arrowanelly (mudflats at Wentworth Point Peninsula)
(b) That in the letters from the Lord Mayor to the Premier and Minister, a meeting be requested with the Lord Mayor, the CEO and Councillor Noack to discuss the matter in further detail and an update from the meeting be provided to the Chamber.
Record of Voting: CARRIED
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ADJOURNMENT OF MEETING
At 8.18pm, the Lord Mayor Councillor Esber adjourned the meeting until 8.30pm.
At the time of the adjournment the following Councillors were present:
· Lord Mayor, Councillor Esber and Councillors MacLean, Prociv, Pandey, Noack, Bradley, Wearne, Wang, Garrard, Green, Darley and Valjak.
RECONVENED MEETING
At 8.33pm, the Lord Mayor Councillor Esber reconvened the meeting.
At the time the meeting reconvened, the following Councillors were present:
· Lord Mayor, Councillor Esber and Councillors MacLean, Noack, Bradley, Wearne, Wang, Garrard, Green, Darley and Valjak.
10. Petitions
There were no petitions tabled at this meeting.
11. Rescission Motions
Nil
12. Reports to Council - For NOTATIOn
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12.1 |
Investment Report for June 2024 (Tax and Treasury Accountant) |
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This matter was considered earlier in the meeting as detailed in these minutes. |
13. Reports to Council - For Council Decision
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13.1 |
Adoption of Pensioner Rates Rebate Policy 2024 (Policy Officer) |
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4841 |
Note: Deputy Lord Mayor, Councillor Prociv disclosed a Pecuniary Interest in this item for the reason that she has reached pensioner age.
RESOLVED: Councillor Darley and Councillor Garrard
That Council adopts the Pensioner Rates Rebate Policy 2024, as attached to this report.
Record of Voting: CARRIED
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Note: Deputy Lord Mayor, Councillor Prociv and Councillor Pandey returned to the meeting at 8.34pm.
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13.4 |
Adoption of Environmental Strategy 2024-2033 (Project Lead; Strategy Manager) |
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4844 |
RESOLVED: Councillor Darley and Councillor Bradley
(a) That Council adopt the Environmental Sustainability Strategy 2024 - 2033 held at Attachment 1 to this report.
(b) That Council delegate authority to the Chief Executive Officer to make any administrative and/or non-policy amendments to the Strategy during its finalisation.
Record of Voting: CARRIED
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13.8 |
Preparation of the Epping Town Centre Master Plan (Scope) (Team Leader City Projects) |
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This matter was considered earlier in the meeting as detailed in these minutes. |
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13.9 |
Adoption of Parramatta 2050 (Advocacy Strategy) (Group Manager City Strategic Planning) |
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This matter was considered earlier in the meeting as detailed in these minutes. |
14. Notices of Motion
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14.1 |
Peninsula Park 9 Burroway Road, Wentworth Point (Councillor Paul Noack) |
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This matter was considered earlier in the meeting as detailed in these minutes. |
Question on Notice on Item 14.2 (‘Homelessness in the City of Parramatta’) by Councillor Bradley:
· Could staff advise Council when is the Homelessness Policy due for review?
Question on Notice on Item 14.2 (‘Homelessness in the City of Parramatta’) by Councillor Pandey:
· Could staff provide a Briefing Note reporting details of homelessness in the City of Parramatta, which is usually provided to Council on an annual basis?
15. Questions with Notice
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15.1 |
Cost of Legal Actions Taken by Councillors in 2021-2024 (Councillor Michelle Garrard) |
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This matter was considered earlier in the meeting as detailed in these minutes. |
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15.2 |
Councillor Kellie Darley v City of Parramatta - Supreme Court No. 2024/00266362 (Councillor Michelle Garrard) |
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This matter was considered earlier in the meeting as detailed in these minutes.
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15.3 |
West Epping Park Synthetic Sports Fields (Councillor Kellie Darley) |
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This matter was considered earlier in the meeting as detailed in these minutes.
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15.4 |
Councillor Service Requests for 2021 - 2024 (Councillor Kellie Darley) |
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This matter was considered earlier in the meeting as detailed in these minutes.
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16. CONFIDENTIAL MATTERS
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16.1 |
Exemption to Tender - Geospatial Licensing (Chief Information Officer) |
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This matter was considered earlier in the meeting as detailed in these minutes.
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16.2 |
Status Report - Epping Aquatic Centre (Executive Director City Assets and Operations) |
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This matter was considered earlier in the meeting as detailed in these minutes.
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Note: The resolution for Items 16.1 and 16.2 were webcast and displayed prior to the closure of the meeting.
18. CONCLUSION OF MEETING
The meeting concluded at 9.24pm.
This page and the preceding 22 pages are the Minutes of the Ordinary Council Meeting held on Monday, 12 August 2024 and confirmed on Monday, 26 August 2024.
Chairperson