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MINUTES OF THE MEETING OF PARRAMATTA CITY COUNCIL HELD IN THE REG BYRNE COMMUNITY CENTRE, CORNER OF FYALL AVENUE AND DARCY ROAD, WENTWORTHVILLE ON MONDAY, 11 APRIL 2016 AT 6.48PM PRESENT The Lord Mayor, Councillor P J Garrard in the Chair and Councillors J P Abood (retired 9.11pm), J Chedid, S H Chowdhury (retired 9.11pm), R Dwyer, G J Elmore, P Esber (retired 9.33pm), J A Hugh, S T Issa, S D Llo yd, B Makari (Deputy Lord M ayor – retired 9.11pm), J L Shaw and A A Wilson. ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERS The Lord Mayor, Councillor P J Garrard acknowledged the Burramattagal Clan of The Darug, the traditional land owners of Parramatta and paid respect to the elders both past and present. MINUTES SUBJECT Minutes of the Council Meeting held on 29 March 2016 16553 RESOLVED (Makari/Lloyd) That the minutes be taken as read and be accepted as a true record of the meeting. APOLOGIES 16554 RESOLVED (Makari/Esber) That an apology be receive d and accepted for the absence of Councillors J D Finn and L E Wearne. DECLARATIONS OF INTEREST 1. Councillor J P Abood declared a significant but non-pecuniary interest in relation to Item 15.3 regarding Tender 60/2015 Ostend Street, South Granville – Drainage, Kerb and Gutter, Road Reconstruction, Streetscape and Associated Works as one of the tenderers is a relative of his wife.

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Page 1: maasbusinesscase.commaasbusinesscase.com/Parramatta Council Minutes/RC_11042016_MI… · Web viewMinutes of the Council Meeting held on 29 March 2016 16553 . RESOLVED (Makari/Lloyd)

MINUTES OF THE MEETING OF PARRAMATTA CITY COUNCIL HELD IN THE REG BYRNE COMMUNITY CENTRE, CORNER OF FYALL AVENUE AND DARCY ROAD, WENTWORTHVILLE ON MONDAY, 11 APRIL 2016 AT 6.48PM

PRESENT

The Lord Mayor, Councillor P J Garrard in the Chair and Councillors J P Abood (retired 9.11pm), J Chedid, S H Chowdhury (retired 9.11pm), R Dwyer, G J Elmore, P Esber (retired 9.33pm), J A Hugh, S T Issa, S D Llo yd, B Makari (Deputy LordM ayor – retired 9.11pm), J L Shaw and A A Wilson.

ACKNOWLEDGEMENT TO TRADITIONAL LAND OWNERSThe Lord Mayor, Councillor P J Garrard acknowledged the

Burramattagal Clan of The Darug, the traditional land owners of

Parramatta and paid respect to the elders both past and present.

MINUTES

SUBJECT Minutes of the Council Meeting held on 29 March 2016

16553 RESOLVED (Makar i /L loyd)

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

APOLOGIES

16554 RESOLVED (Makar i /Esber)

That an apology be receive d and accepted for the absence of Councillors J D Finn and L E Wearne.

DECLARATIONS OF INTEREST

1. Councillor J P Abood declared a significant but non-pecuniary interest in relation to Item 15.3 regarding Tender 60/2015 Ostend Street, South Granville – Drainage, Kerb and Gutter, Road Reconstruction, Streetscape and Associated Works as one of the tenderers is a relative of his wife.

2. Councillor J Chedid declared a significant but non-pecuniary interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Plann ing Proposal as a family member owns property in the CBD.

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3. Councillor S Chowdhury declared a non-pecuniary interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Planning Proposal as he is on the Board of a Company that owns property in the CBD. Councillor Chowdhury also declared a pecuniary interest in relation to this matter as he has an interest in land in the CBD that relates to this issue.

In addition, Councillor Chowdhury declare d an interest in relation to Item 1 of Rescission Motions regarding the Parramasala Festival as he is a member on the Board of Parramasala but will be remaining in the Chamber and voting on this issue.

4. Councillor P Esber declared a pecuniary interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Planning Proposal as he has an interest in land that relates to this issue.

5. The Lord Mayor, Councillor P J Garrard declared a non - pecuniary interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Planning Proposal as he is on the Parramatta Leagues Club Board which owns property in the CBD that relates to this issue.

6. Councillor J Hugh d eclared an interest in relation to Item 9.2 of Major Applications regarding the development application submitted in respect of 2 Elonera Street, Rydalmere as he resides in proxi mity to the development.

7. Councillor S Lloyd declared an intere st in relation to Item 1 of Rescission Motions regarding the Parramasala Festival as he is a member on the Board of Parramasala but will be remaining in the Chamber and voting on this issue.

8. Councillor M akari declared a significant, pecuniary interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Planning Proposal as a relative has an interest in land affected by this issue.

9. Councillor J Shaw declared an interest in relation to Item 10.4 of Economy regarding Draft Parramatta CBD Planning Proposal as he owns property in the affected area but as the property is his principal place of residence, the interest is insignificant and he will be remaining in the Chamber during discussion and voting on this matter.

MINUTES OF THE LORD MAYOR

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SUBJECT Pa rramatta War Memorial Pool - Request for Funding REFERENCE F2015/02982

FROM The Lord Mayor, Councillor Paul Garrard

BACKGROUND

1. In September 2015, the NSW Premier Mike Baird and the Minister for Sport, The Hon. Stuart Ayres announced a new stadium would be built in Parramatta as part of the first project to be delivered of the Government’s package for sport and major event infrastru cture for Sydney.

2. As a result of this announcement, the current stadium will be demolished to allow construction of a new stadium within the current site.

3. The capacity and size (footprint) of the new stadium has increased, and has resulted in the ‘Parramatta War Memorial Swimming Pool’ being impacted. Council has been informed that it is highly likely that the swimming centre will not be able to continue to operate in its current configuration.

4. Council recently only became aware of this outcome of a likely impact on the pool’s operation when the Minister for Sport; The Hon Stuart Ayres requested an urgent meeting with Council in February 2016.

5. The ‘Parramatta War Memorial Swimming Pool’ first opened its doors to the public in 1957, and has a long history of serving the community of Parramatta for nearly 60 years.

6. Council does not own the land that the swimming pool is on, but leases it from Parramatta Park Trust.

7. The pool has an average attendance rate of 160,000 visitations per year and is used by swimming squads, schools, water polo teams, divers a nd the general public for a number of uses.

8. The closure of the ‘Pool’ will have a direct impact on a number of staff also who are employed at the centre on either a casual or fulltime basis.

9. A preliminary environmental assessment said “th at the demolition of the existing stadium and pool is expected to start in November this year and will be completed within four months”.

10.Council previous resolved on 22 February 2016:

(a) That Council welcomes the proposal to upgrade Parramatta Stadium, by the State Government on land currently used by the Parramatta War Memorial Swimming Pool.

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(b) Further, that Council arranges a meeting with the State Government to discuss funding for a future pool in the Parramatta CBD.

11. Council notes also, that the State Governmen t is yet to offer any financial compensation to assist Council with the cost of funding an alternate facility.

12. Council is also mindful of the need to investigate and plan the required facilities to accommodate the existing pool users and the community’s needs for the next 30 plus years.

13. Council now requests that the Government determine other suitable locations for the creation of a future swimming pool to serve the growing community located within the Parramatta CBD.

16555 RESOLVED (Garrard/Wi lson)

(a) That Council continue to lobby the State Government regarding‘Parramatta War Memorial Swimming Pool’ to either:

1. reinstate a new modern aquatic centre within the current site of the stadium precinct; or

2. provide funding and alternative locations within Parramatta CBD for a future swimming pool to be built for the people of Parramatta;

(b) That Council meet with Mr Geoff Lee, Member for Parramatta, to outline Council’s position and request that the State Member organise an urgent deputation to the Minister for Transport & Infrastructure to develop a new aquatic facility; and

(c) Further, that Council undertake to develop a report addressing the issues raised within this Minute.

PUBLIC FORUM

1 SUBJECT Illegal Dumping and Shopping Trollies

REFERENCE F2016/00004

FROM Tony Grgic

16556 As tabled.

“The members of Parramatta City Council,

As a Parramatta resident since 1985, it has come to my attention lately we are having more and more problems with the actions of local

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residents, endangering pedestrians and possibly other road users including motor cars or motorcycles or pushbikes.

As a victim being struck by a motorist whilst crossing a pedestrian crossing on 05/12/2007, I can tell you with absolute authority that my quality of life had been reduced by more than 75% on what he was prior to the accident, even though medical experts have done their best to help me recover, the only thing that I have managed to do is to pay them a lot of money and pharmaceutical companies for the doctor prescribed medication. Everything that I have in my possession I would gladly give it away, only not to be hit on the day. But it is not possible to turn back the hands of time. Therefore, I am writing to you all as people with authority that can make the difference and make Parramatta LGA safer place for all of us.

In my opinion, it is better to prevent an injury than to try and remedy it through hospital system. We must take all precautions to prevent injuries to innocent people, especially young children.

It really frustrates me to no end, seeing rubbish and other household items on the footpath, and it has been left there for up to 3 weeks before it is taken away by the council, on non-scheduled clean-up dates. This rubbish has been dumped illegally; an action should be taken within 24 hours of being reported.

This rubbish was on the footpath for more than 2 weeks, after I reported it to the council. I later learned that this was reported to the council sometime earlier, by another person concerned with the safety to all road users, especially pedestrians walking to Parramatta Station, to catch a train to work.

I wrote to the Council, provide photographic evidence and cc local State and Federal Member of Parliament, expecting politicians or their staff to use a phone, call the people responsible for safety issues within the Parramatta LGA to take appropriate actions. Nothing was done for over a week to my knowledge. I went to the council on a different matter I was assisted by Ms Sue Marshall, Parramatta City Council front desk assistant, she was so helpful; I mentioned the safety issues with the rubbish on the footpath, not expecting her to be able to do anything. She said that she will take care of it. Next day the rubbish was gone. Thank God for her and people like her. It was a great feeling that people like her exist that act on her word, rather than departmental employing dishing out spin like politicians. Sometimes later I received communication from federal and state member as well as the Lord Mayor informed me that rubbish is no longer there. That was true. Thank you Ms Sue Marshall, your actions may have prevented an injury to an innocent pedestrian, possibly a child.

On New Year’s Eve, December 31, 2015, I took photo of this rubbish that was dumped. Parramatta City Council Rangers had “Dumped Rubbish Investigation” tape around it. I have called Parramatta City Council and was informed that the rubbish cannot be removed until after investigation. That is the Parramatta City Council’s policy.

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Given it was the New Year’s Eve; Elizabeth Street is used by pedestrians to walk to Parramatta River, as there is a very limited parking in the area.

After the fireworks, many families would have walked back along Elizabeth Street and could have been injured, especially with little kids, as young children do not recognise potential dangers to themselves.

On or around 4th Jan 2016, I called Parramatta Council and asked them to remove the rubbish. I was told that the matter is still under investigation, and the council would go broke if they removed all rubbish every time somebody dumps rubbish on the footpath.

The rubbish was left on a side of the road and more people dumped more rubbish on top of the Rangers tape.

The fact is, if the rangers do not or cannot find the culprit, the rubbish is removed at the ratepayer’s expense. That is a fact. The longer the rubbish says there, the more rubbish will be dumped by other idiots, and the more it will cost the ratepayers.

The rubbish was left uncollected for few more weeks until I finally got in contact with Ms Sue Marshall, and again as a great employee of Parramatta City Council, as a great human being and citizen, she arranged to have the rubbish removed, which was done. She is an asset to the Parramatta City Council.

SolutionMay I ask the council to pass and implement the law for anyone caught dumping rubbish illegally will be fined $2000 minimum. Do not permit the magistrates and judges to lower the fine under no circumstances. Most judges are seen as “excuse factories” rather than implementing justice and protecting the innocent.

How to police it?You take the photographic evidence of all items in the rubbish, outside address, in this case 17 – 25 Elizabeth Street Parramatta. These dumpsters are usually stupid or are criminals; if there were not stupid or criminals; they would not dump rubbish endangering innocent people causing injury, especially children.

There is a more than 90% chance of having their address details in the rubbish.

For the other 10% approximately, you have the details of every owner in the unit block, strata managers, real estate agents, notify all owners, strata managers, real estate agents that from this day forward, any person vacating the premises and dumps rubbish on the nature strip will be fined minimum $1000, payable by the culprit, the owner of the premises, managing real estate agent or Strata managing agent, if the person that has vacated the premises has not provided forwarding address so the person that has dumped rubbish would pay a minimum

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of $1000 for clean-up.

Alternatively, every managing agent would have approximately $1600 in bond, which is deposited with the Bond Board, and you make a claim against the bond.

Failure to do so, you charge the Real Estate Agent if the agent does not report it to you. Make the fine minimum $1000. As a real estate agent myself, I would not like to be fined, but if the law is in place, the law is the law.

Make it mandatory for every real estate agent to provide information of forwarding address of locating tenant. This works in Germany, they do not have problems that we have. Forget privacy and political correctness, your obligation is to provide safe environment for people to live in your LGA. When did the privacy become more important than safety of others?

Alternatively, hire another person that is as half as good and responsible and accountable as Ms Sue Marshal, for the sake of young children her actions may have prevented injuries because of stupidity of adults.

Shopping trolleys

Over the recent years there has been an upsurge of shopping trolleys left in Elizabeth Street, Queen Street, Thomas Street, Victoria Road, Ross Street, Betts Street, MacArthur and other streets close to Coles, Woolworths, Kmart, and other shops that use trolleys to assist the shoppers. A small percentage of shoppers are causing grief to other road users, cars, motorcycles, cyclists and pedestrians by taking the shopping trolley away from the shopping centre, to take the shopping home. However these individuals do not return trolleys back to the shopping centre from which they took them.

As you can see by the number of photographs, the shopping trolleys are left at the bus stops, footpaths. My car was damaged by a person pushing a shopping trolley. To take the Coles to court for the damages, it will cost me more in legal fees than the cost of replacing the car.

As you can see from the photographic evidence below, it is a BMW driver paid Parramatta City Council for the privilege to be parked on the street, in Palmer Street to be exact, but I’m sure one thing, he did not expect to have a shopping trolley land on his car.

The car below is my personal car, legally parked; it was hit by shopping trolley. Having spoken to solicitors about it, I was informed the solicitor costs will exceed the value of the damage, especially if the court awards to make damages against the company but each party to pay legal costs.

As you can see by the photographic evidence, the shopping trolleys are in many cases less than 200 m from the shop where the trolley was taken away from and sometimes left for days. Technology does exist

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where shopping trolleys could not be taken more than 50 meters away from the front door of the shop or less, if the shopping centres use the technology, there would be less shopping trolleys in the Parramatta River, Elizabeth Street, Ross Street, Church Street, and other streets. The shopping trolleys are so dangerous that a cyclist or a motorcyclist could lose their life because somebody has left a shopping trolley on the footpath or somebody had pushed it onto the road, or it rolled onto the road because of the wind or somebody accidentally hitting it.

How do you think to trolleys ended up in the canal next to the Rose and Crown Hotel?

Most likely scenario is that a pedestrian was walking up footpath, walking at night, did not see it, walked into the shopping trolley and in anger picked up and threw to them into canal? Is this what really happened? I don’t know, I did not see it, but it is plausible. What if they hit the trolley and fell onto the Victoria Road and got run over by motor-vehicle, trolley and the human included?

Just as it may not have happened, it does not mean it will not happen.

Solution

Get council workers to pick up these trolleys every day, pay them a bonus of $25 per trolley or $50 per trolley, make the law that the owner of the trolley whose name appears on the trolley must purchase them back from the council at $300 or more each, have the experts work it out. No questions asked. If the shops complain that although it was a trolley, it was not their responsibility, they are accessory to the fact. In their trolleys were not there, people would be safer.

What you will achieve? The footpath’s will be safer for people to walk at night, Parramatta River will not have shopping trolleys in the river, there are less chances of innocent person being injured because of somebody else’s lack of interest or lack of accountability.

Parking across the driveways.

Although it is illegal to park across the driveway, the person who wrote this note and left it on the windscreen of the motor-vehicle, called the police, call the Parramatta City Council, nobody came to even give the offending vehicle an infringement notice.

The people in the block could not get out as their exit was blocked. There could not call a tow truck to tour the car away, because it is illegal, and if anything happened to the motor-vehicle they will be held accountable. Yet this lowlife, inconsiderate person blocked the occupants in, imprisoning them.

Would you please get the politicians to pass a law that in situations like this, the people that are imprisoned, can call a tow truck and had the car towed away without any consequences to them.

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How could be that people do illegal things, and get away with it with no punishment, yet if the victims were to do anything to have the car moved would be punished?”

Response from Paul Lyth Manager Regulatory Services:-

“Firstly thank you Mr Grgic for your correspondence submitted to Parramatta City Council in regard to Illegal Dumping of Rubbish, Shopping Trollies and Cars parking across Driveways.

Illegal Dumping is an ever increasing issue and council is aware of such issues that you have raised. Council has a number of policies relevant to issues you have raised, however in line with the issues you have raised it is now timely to re-visit these policies and amend them so an improved service is provided.

Council’s Cleansing Team generally achieve a 48 hour response time on illegal dumping collections, often able to respond quicker. The difficulty with investigations is the balance between identifying the offender and having the rubbish removed. If council can identify the owner of the rubbish, we prefer to have them remove it in a reasonable time 24-48 hours after speaking with them.

Or we may be required to issue a clean-up notice, which can see the owner in some instance take 7 days of longer to remove the rubbish. We allow the owner to remove the rubbish so that there is no financial burden on the rate payer.

I would like to think that when such items are causing a severe blockage of pedestrian access that council will have such property removed as soon as possible, this will be one such area of our policies we will look to better define.

Council currently use two different apps for reporting trolleys and the collection time is approximately 24 hours within the CBD and up to 4 days in the suburbs. The trolleys that can’t be reported via the apps, we report to the individual stores such as Aldi and IGA, and dispose of any that are left orphaned.

Parramatta CBD and surrounding areas receive approximately 30 trolleys per week and a similar number for the southern suburbs. It is far less of an issue in the northern areas of the city.

Council will make contact direct with the major stores to emphasise the impact abandoned trolleys can have on the community in an effort to expedite the process of collection or implementation of trolley distance restriction devices.

Vehicles parked across driveways as you described causes a serious impediment to the owners marooned within their properties, Council officers are able to issue infringements for such offences and are doing just that several times each day across the Local Government Area.

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Regular patrols are made of various CBD and associated surrounding streets. Council is limited though in actually removing the vehicles. In such instances the Police have powers to remove these vehicles, with either the public or council able to call upon the Police.

In so far as implementing or changing the various laws or penalty amount relating to these offences you have described and other such laws, these are actually set by the New South Wales Government including the penalty amount, which is reviewed annually.”

2 SUBJECT 57 Macquarie Street Parramatta and Draft CBDPlanning Proposal

REFERENCE F2013/02004

FROM Adam Byrnes

16557 “Our clients own 57 Macquarie St Parramatta (current Australia Post andFitness First site on corner of Macquarie and Marsden Streets).

We note and respect that the Councillors have resolved that areas adjoining the state heritage item of St Johns Church will not benefit from the 10:1 zoning, but that the current 3:1 zoning will remain in place.

My clients land does not strictly adjoin the St Johns Church heritage item, as nominated in the LEP. Yet, contrary to the terms of the resolution, my clients land has been nominated in the draft planning maps as retaining the 3:1 FSR.

We are hopeful that this was not intended by Council’s resolution and that the mapping has resulted in a broader impact than intended. We have attached a map that shows in red St Johns Church heritage and my client’s site in Blue. The site is significantly removed from the heritage item and is a similar distance or further distance from the Church than a number of other significant developments and Planning Proposals.

As you can see from the map, the site is ideally located within the city centre. The project team is working on concepts for a mixed commercial and residential tower for this site that will have no additional adverse impact on St John’s Church or its landscape setting which will no longer be commercially viable at an FSR of 3:1.

We seek that Councillors adopt tonight to clarify that the resolution in relation to St John’s Church strictly relate to land that adjoins St Johns Church and therefore will not result in No.57 Macquarie Street being undeveloped, contrary to the aspirations of my client.”

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3 SUBJECT 163-165 George Street, Parramatta

REFERENCE DA/839/2015

FROM Kos Dimitriou

16558 “On behalf of the Greek Orthodox Archdiocese of Australia, our Parish ofSt John the Baptist and its broad reaching Greek Australian community, we would like to officially record our thanks to you Lord Mayor, your Councillors, CEO and Staff of Parramatta City Council for the consideration of two items before you tonight.

In particular, His Eminence Archbishop Styllianos and His Grace Bishop Seraphim would like me to personally convey their deep gratitude and thanks towards all of you for the sensitivity and understanding that you have all shown towards our Parish Community.

By way of background our Parish and Community is one of the oldest Parish Communities of the Greek Orthodox Archdiocese of Australia in Western Sydney. Established in May 1960, it served the predominately emigrating Greek population of Greater Western Sydney at 11 Hassall Street Parramatta.Over the years, our Parish Community has evolved and currently continues to serve over 3,500 parishioners.

Over the last 10 years, the Parish Community was looking at various ways to ensure that we maintain a vibrant and viable Parish Community ensuring that the Church remains within Parramatta, maintains its own identity and the current Parish community services and facilities are expanded to adequately cater for the needs of its parishioners and the broader community of Western Sydney.

In seeking to deliver on these objectives, after 10 years of hard work and many difficult and complex challenges, the Board resolved to relocate its Parish & Community. With the blessing of His Eminence Archbishop Styllianos and approval of our members, our Parish Community undertook the difficult, yet miraculous journey of relocating our Church and community to its now proposed location by the banks of Parramatta river, being 163 – 165 George Street Parramatta, the same site that was offered to our Parish Community when it first started out in Parramatta.

To this end, I would also like to record our Parish Communities sincere appreciation to the His Eminence, His Grace, Hon Julie Owens, the Hon Dr Geoff Lee, the Consul General for Greece in Sydney Dr Stavros Kyrimis, the families FAYAD & SAAB, George Drivas, George Giovas, Constable Draz Brkjac and many others, who in their way assisted us during the relocation process.

This relocation has been significant for our Community and in many way pioneering for the Greek Orthodox Archdiocese of Australia. With one voice our entire community has proclaimed many times over that our

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patron Saint, being St John the Baptist, wanted to have his Church re-built on the banks of Parramatta River. A Saint that was the forerunner to Jesus Christ and the one chosen to baptise Jesus Christ in the River Jordan. In essence it was God’s will.

To this end, item 9.1 of tonight’s Council meeting is a report seeking to fit out the former Parramatta Workers club as a new permanent home for our Parish Community. Your staff have processed the application in a very timely manner and we appreciate the help that they have given us. The report recommends approval of the application and we are accepting of all of the recommended conditions, but for condition 50 which requires the installation of an extensive CCTV system to be installed. We note that the report makes reference to Karaoke rooms and cash registers neither of which will have.

To this end we respectfully request your support in removing this condition from the proposed conditions.

Finally, we appreciate your consideration of item 13.2 which seeks to consider the rates levied during the period whereby we were not a place of public worship.

Thank you”

RESCISSION MOTIONS

7 .1 SUBJECT Parramasala FestivalREFERENCE F2014/02487 - D04143244

REPO RT OF N/A

MOTION (Issa/Dwyer)

That the resolution of the Council Meeting held on 29 March 2016, regarding Parramasala Festival namely:-

“(a) That Council note the Parramasala 2015 Festival report.

(b) That Council note the results of the 2015 Harris Park business survey.

(c) That Council recommend to the Parramasala Board, a focus on Smart City content and positioning to the programming and marketing of future Parramasala Festivals.

(d) That Council recommend to the Parramasala Board that the Festival be rescheduled from its current annual timing of October each year to a less congested time in the annual calendar.

(e) That Council approve the development of a multi-year funding

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commitment with the NSW State Government and that Council’s commitment is conditional upon the financial commitment from the NSW State Government and appropriate Ministerial consent.

(f) That Council approve an increase of $100,000 to its current funding commitment of the Parramasala Festival to a total cash contribution of $300,000 annually, conditional upon the proportional matching of funding by the NSW State Government and;

(g) Further, that Council delegate authority to the CEO to negotiate additional funding from the NSW State Government and other corporate sources and to enable the execution of any necessary contracts to enact the recommendations above.”

be and is hereby rescinded.

16559 The motion was put and lost.

Note1. Councillor Chowdhury declared an interest in relation to this

matter as he is a member on the Board of Parramasala. Councillor Chowdhury did not retire from the meeting during consideration and voting on this issue.

2. Councillor Lloyd declared an interest in relation to this matter as he is a member on the Board of Parramasala. Councillor Lloyd did not retire from the meeting during consideration and voting on this issue.

REPORTS - MAJOR APPLICATIONS

9.1 SUBJECT 163-165 George Street, PARRAMATTA NSW 2150(Lot 1 DP 78716,Lot 1 DP 113513 & Lot 1 DP 650704) (Elizabeth Macart hur Ward)

DESCRIPTION Change of use and fit out of the former Parramatta Workers Club to operate as a place of public worship (with a capacity of 200 people)(exc luding fitout of the childcare centre), childcare centre/preschool (maximum 80 children), school community hall, function centre, community rooms (for playgroups, choirs, dance school, community groups and parish community meetings etc., Greek school), signage, associated ancillary works, internal fitout works, landscaping, and external facade modifications and upgrades.

REFERENCE DA/839/2015 - 20 November 2015

APPLICANT/S Think Planners

OWNERS The Hellenic Orthodox Community of Parramatta

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REPORT OF Manager Development and Traffic Services. Also Senior Development Assessment Officer Memorandum dated 5 April 2016.

REASON FOR REFERRAL TO COUNCIL

The application seeks approval for the use of the premises for the purposes of a Place of Public Worship.

1 6 5 6 0 RESOLVED (Hugh/Esber )

(a) That Council support the variation to Clause 4.3 – Height under the provisions of clause 4.6 of PLEP 2011.

(b) That Council as the consent authority determine Development Application 839/2015 at 163-165 George Street, Parramatta for the change of use and fit out of the former Parramatta Workers Club to operate as a place of public worship, childcare centre (excluding fitout of the childcare centre), community facility, function centre, signage, associated ancillary works, internal fitout works, landscaping, and external facade modifications and upgrades consent under Section 80(3) of the Environmental Planning and Assessment Act 1979 for a period of five (5) years from the date on the Notice of Determination subject to the conditions contained in Attachment 1.

(c) Further, that the objectors are advised of Council’s

decision. DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

9.2 SUBJECT 2 Elonera Street, Rydalmere NSW 2116 (LOT 1 DP219237) (Elizabeth Macarthur Ward)

DESCRIPTION Demolition, tree removal, excavation of single storey basement car park for 8 vehicles and construction of a 3 storey residential flat building containing 8 units und er the Affordable Rental Housing SEPP 2009.

REFERENCE DA/796/2015 - 5 November 2015

APPLICANT/S Skynac h Investment Group Pty Ltd

OWNERS Skynach Investment Group Pty Ltd

REPO RT OF Manager Development and Traffic Services. Also Acting Manager Development Assessment Memorandum dated 6 April 2016.

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REASON FOR REFERRAL TO COUNCIL

This development application is referred to Council for determination as the proposal involves the construction of a residential flat building which seeks to rely on the provisions of the Affordable Rental Housing SEP P 2009 (Affordable Housing SEPP).

16561 RESOLVED (Makar i /Chedid)

That consideration of this matter be deferred to the Council Meeting to be held on 9 May 2016.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

NoteCouncillor J Hugh declared an interest in relation to this matter as he resides in proximity to the development and temporarily retired from the meeting during consideration and voting on this issue.

9.3 SUBJECT 6 Meredith Street, EPPING NSW 2121(LOT 2 DP 521506) (Lachlan Macquarie Ward)

DESCRIPTION Demolition, tree removal and construction of an attached two storey dual occupancy development with Torrens title subdivision.

REFERENCE DA/573/2015 - 25 August 2015

APPLICAN T/S JS Architects Pty Ltd

OWNERS S P Luk and J C Yuan

REPORT OF Manager Development and Traffic Services.

REASON FOR REFERRAL TO COUNCIL

The application is referred to Cou ncil as the application has been called up to Council by 2 Councillors.

16 5 62 RESOLVED ( Issa /E lmore)

That consideration of this matter be deferred to the Council Meeting to be held on 26 April 2016.

DIVISION The result being:-

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sed

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

9.4 SUBJECT 4 South Street, GRANVILLE NSW 2142 (Lot 6 DP19082) (Woodville Ward)

DESCRIPTION Demolition of an existing shade structure and constru ction of a new outdoor shade structure on the footpath associated with an Outdoor Dining area.

REFERENCE DA/765/2015 - 28 October 2015

APPLICANT/S R Malouf

OWNERS EL Jannah Group Pty Ltd

REPORT OF Manager Development and Traffic Services.

REASON FOR REFERRAL TO COUNCIL

The application is referred to Council as the propo structure would occupy a Council owned public footway.

16 5 63 RESOLVED ( Issa /E lmore)

That Council as the consent authority grant development consent to Development Application No. DA/765/2015 for the demolition of an existing shade structure and construction of a new outdoor shade structure on footpath to the front of the site on land at 4 South Street, Granville for a period of two (2) years from the date on the Notice of Determination subject to the conditions contained at the end of Attachment 1.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

9.5 SUBJECT 1A Morton Street, Parramatta(Lot 8 DP 1097934) ( Elizabeth Macarthur Ward)

DESCRIPTION Modification to approved Torrens title subdivision to create 2 allotments, demolition, tree removal and

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DESCRIPTION S96AA for d eletion of condition B13 relating to acoustic treatment on the NSW Land and Environment

construction of 6 residential flat buildings containing 355 apartments over basement car parking. Modificatio ns include the amendment of Condition Nos. 44 and 45 of consen t.

REFERENCE DA/499/2014/B - 2 February 2016

APPLICANT/S Southpac Constructions P/L

OWNERS North Parramatta No. 1 P/L

REPORT OF Manager Development and Traffic Services.

REASON FOR REFERRAL TO COUNCILThe subject application is referred to council for determination as the property was previously owned b yCouncil. Furthermore, the Section 96 application DA/499/2014/A was determined by Council.

16 5 64 RESOLVED (Chedid /Hugh)

That Council as the consent authority, modify development consent DA/499/2014 (for the Torrens Title subdivision to create two allotments, demolition, tree removal and construction of six residential flat buildings containing 355 apartments over basement car parking) to delete Condition Nos. 44 and 45, pursuant to Section 96(1A) of the Environmental Planning and Assessment Act 1979.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

9.6 SUBJECT 12 William Street, North Parramatta Lot 3 DP 372347(Arthur Phillip Ward )

approval for retention of the existing dwelling, tree removal and construction of a two storey dwellling to create a dual occupancy development with Torrens title subdivision

REFERENCE DA/375/2010/A - 27 November 2015

APPLICANT/S Mr V M Sciglitano

OWNERS Mr V M Sciglitano

REPORT OF Manager Development and Traffic Services.

REASON FOR REFERRAL TO COUNCIL

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The application is being referred to Council for determination because a previous S82A was determinedby Council by way of refusal.

16 5 65 RESOLVED ( Issa /Makar i )

That Council as the consent authority, modify development consent DA/375/2010 to include modifications comprising deletion of condition 13 on land at 12 William Street, North Parramatta (Lot 3 DP 37237) as shown on the plans submitted with the modification of determination, for a period of five (5) years from the date on the original Notice of Determination subject to the following modifications:

Modify Consent for DA/375/2010 in the following ways:

Deletion of the following condition:

B13. Rail and Road Noise

The development must be acoustically designed and constructed to meet the relevant provisions of Australian Standard AS 2107:2000 Recommended design sound levels and reverberation times for building interiors.

Insertion of the following conditions

EAF0 010 Air Conditioners in Residential Buildings (Previously EHF18)

1. The air conditioner/s must not: (a) emit noise that is audible within

a habitable room in any other residential property (regardless ofwhether any door or window to that room is open):

(a) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(b) before 7.00am and after 10.00pm on any other day.(0) emit a sound pressure level when measured at the boundary

of any other residential property, at a time other than those specified in (i) and

(a) above, which exceeds the background (LA90, 15 minute) by more than 5dB(A). The source noise level must be measured as a LAeq 15 minute.

Reason: To prevent loss of amenity to the area.

EAF0009 Use of Premises (Previously EHF17)2. The use o f the premises not giving rise to:

(a) transmission of unacceptable vibration to any place of different occupancy

(b) a sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The source noise level shall be assessed as an LAeq,15min and adjusted in accordance with Environment Protection Authority guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.- 18 -

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Reason: To prevent loss of amenity to the area.

3. No approval is granted to amend the description of the development DA/375/2010 as approved by the NSW Land and Environment Court

4. All other conditions of DA/375/2010 remain unmodified.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

9.7 SUBJECT 64 Ross Street, North Parramatta (Lot 3 DP 738584)(Arthur Phillip Ward)

DESCRIPTION Alterations and additions to a heritage listed dwelling and construction of a secondary dwelling

REFERENCE DA/741/2015 - 19 October 2015

APPLICANT/S Mrs C J Turner and Mr P Grech

OWNERS Mrs CJ Turner

REPORT OF Manager Development and Traffic Services.

REASON FOR REFERRAL TO COU NCIL

The application is being referred to Council for determination because d evelopment approval is sought for structural works to a heritage listed item.

16 5 66 RESOLVED ( Issa /Makar i )

That Development Application DA/741/2015 for alterations and additions to a heritage listed dwelling and construction of a secondary dwelling at 64 Ross Street, NORTH PARRAMATTA NSW 2150 be approved subject to the conditions of consent in Attachment 1 of this report and clarification that condition PA0011 relates to demolition of buildings that are the subject of this application.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

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ECONOMY

10.1 SUBJECT Variations to Standards under Clause 4.6 of LEP 2011,Clause 24 of LEP 2007 and SEPP 1

REFERENCE F2009/00431 - D04139465

REPORT OF Manag er Development and Traffic Services

16567 RESOLVED (Makar i /E lmore)

That the report be received and noted.

10.2 SUBJECT Planning Proposal for land at Niblick Crescent, Oatlands

REFERENCE RZ/4/2012 - D04132746

REPORT OF Project Officer - Land Use Planning

16 5 68 RESOLVED ( Issa /E lmore)

(a) That Council re-endorse its previous position from 24 March 2014 to object to the Planning Proposal for the land on the western boundary of Oatlands Golf Course at Niblick Crescent, Oatlands.

(b) Further, that Council write to the Relevant Planning Authority in response to the public exhibition of the Planning Proposal for the land on the western boundary of Oatlands Golf Course at Niblick Crescent, Oatlands re-iterating Council’s previous objections to the Planning Proposal.

DIVISION The result being:-

AYES: Councillors J P Abood, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

NOES: Nil

ABSTAINED Councillor J Chedid

10.3 SUBJ ECT Planning proposal for land at 180 George Street,Parramatta

REFE RENCE RZ/24/2015- D04139357

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REPORT OF Project Officer Land Use

1 6 5 6 9 RESOLVED ( Issa /Abood)

(a) That Council endorses the revised planning proposal contained at Attachment 1 to;

· permit a maximum floor space ratio of 10:1 (plus 1.5:1 design excellence bonus)

· apply no height limit but apply Clause 7.6 Airspace Operations to this site to require consideration of Federal Government airspace provisions

· require 1:1 commercial floor space

(b) That the planning proposal be forwarded to the Department of Planning and Environment for gateway determination.

(c) That a site specific Development Control Plan (DCP) is prepared and reported to Council addressing the following:

· height variation between the two towers

· setback along the eastern boundary of the site and at ground level retain the through site pedestrian link

• podium height

(d) That Council advise the NSW Department of Planning and Environment that the CEO will be exercising the plan-making delegations for this planning proposal as authorised by Council on 26 November 2012.

(e) That Council grant delegated authority to the CEO to negotiate a Voluntary Planning Agreement (VPA) for the delivery of public benefit, which recognises the value uplift of the planning proposal.

(f) That the outcome of the VPA negotiations be reported to Council prior to exhibition of the draft VPA.

(g) That Council grant delegated authority to the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the amendment process.

Further, that the owner be advised that it is the Council’s

(h)preference for the building on site to be demolished.

DIVISION The result being:-

AYES: Councillors J P Abood, J Chedid, S H Chowdhury, R Dwyer, G J Elmore, P Esber, P J Garrard, J A Hugh, S T Issa, S D Lloyd, B Makari, J L Shaw and A A Wilson

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NOES: Nil

10.4 SUBJECT Draft Parramatta CBD Planning Proposal

REFERENCE F2013/02004 - D04140655REPORT OF Service Manager Land Use Planning

NoteThis Item was deferred for consideration later in the evening. Please see Minute No. 16577.

1 0.5 SUBJECT Temporary Use of Council owned land known as 38-40Marion Street, Parramatta by Transport for NSW (TfNSW)

REFERENCE F2006/00887 - D04135121

REPORT OF Property Services Officer

16570 RESOLVED (Esber /E lmore)

(a) That Council agrees to Transport for NSW to occupy and use Council’s land at 38-40 Marion Street, Parramatta as a temporary work site on the terms outlined in this report.

(b) Further, that Council resolve that authority is delegated to the Chief Executive Officer to negotiate and sign a Licence agreement to allow the occupation and use of 38-40 Marion Street, Parramatta by Transport for NSW on the terms outlined in this report.

10.6 SUBJECT Riverbank Precinct Matters of Urgency - Relocation ofPowerhouse Museum

REFERENCE Mayor/2016/00152-001

FROM John Chedid

Councillor Chedid sought an update on the recent announcement to relocate the Powerhouse Museum to Parramatta.

The Lord Mayor provided details on the State Government’s recent selection of the Parramatta River Foreshore as the preferred site for the new Powerhouse Museum together with advice on the recent meeting held with the Minister for Infrastructure.

Councillor Chedid raised concerns that the footprint of th e proposal may eliminate Council’s vision for the Riverbank Foreshores and may have

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an impact on the current Expression of Interest for this area.

16 5 71 RESOLVED (Chedid /Hugh)

That Council staff provide a report on the action that has transpired todate in relation to the relocation of the Powerhouse Museum.

Note1. Councillor J P Abood left the meeting at 8.15pm and returned

at 8.17pm during consideration of this matter.2. Councillor A A Wilson left the meeting at 8.27pm and

returned at 8.30pm during consideration of this matter.

ENVIRONMENT

11.1 SUBJECT Procedure for compliance with the Swimming Pool ActREFERENCE F2016/00955 - D04143880

REPORT OF Legal Services Manager

16572 RESOLVED (Makar i /Esber )

That Council’s Legal Services Manager be granted delegation to commence legal proceedings against any party that fails to comply with Directions issued by Council under the Swimming Pools Act 1992 (NSW) or any equivalent or replacement legislation enacted from time to time, provided that the process detailed in this report have generally been followed by Council officers prior to the commencement of such legal proceedings.

CULTURE AND SPORT

12.1 SUBJECT Request for Support of External EventsREFERENCE F2014/02487 - D04141652

REPORT OF Manager-City Activation

16573 RESOLVED (Esber /Makar i )

(a) That Council partner with the organisers of the inaugural Neymar Jr Five street soccer tournament and provide $20,000 in financial support for the development and delivery of the Australian national finals of the Neymar Jr Five street soccer tournament in Parramatta.

(b) Further, that Council provide in-kind support through the provision of a Parramatta CBD location to host the national finals and marketing and communications support through Council’s existing marketing and media channels.

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LEADERSHIP AND GOVERNANCE

13.1 SUBJECT National General Assembly 2016 - Canberra - 19 - 22Ju ne 2016

REFERENCE F2015/03260 - D04133728

REPORT OF Manager LM and Councillor Support

16 5 74 RESOLVED (Abood/L loyd)

That interested Councillors advise the Office of the Lord Mayor of their desire to attend the National General Assembly 2016 being held from 19 – 22 June 2016 in Canberra.

13.2 SUBJE CT Hellenic Orthodox Community of Parramatta-Rates

REFERENCE F2015/03488 - D04143348

REPORT OF Finance Manager, Governance, Planning and Analysis

16 5 75 RESOLVED (Chedid /Shaw)

That Council, under Section 356(1), grant financial assistance to the Church for the full amounts outstanding which are $13,273.05 for Counci l rates and $1,797.84 for waste services.

NOTICES OF MOTION

14.1 SUBJECT Councillor workshop for new development to be madecompatible with existing development in R2 Zones

REFER ENCE F2015/02002 - D04138320

REPOR T OF Councillor Dwyer

16576 RESOLVED (Dwyer/Makar i )

That a workshop be conducted on how new developments, in particular dual occupancy developments, can be made to be compatible with existing development in the R2 zone.

ITEM 10.4 OF ECONOMY

10.4 SUBJECT Draft Parramatta CBD Planning Proposal

REFERENCE F2013/02004

FROM Service Manager Land Use Planning

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16577 RESOLVED (Wi lson/Abood)

(a) That, consistent with Council’s resolution made on 14 December 2015, Council endorses the Planning Proposal at Attachment 1 to amend the planning controls for the Parramatta CBD and forwards it to the NSW Department of Planning and Environment for Gateway determination.

(b) That draft DCP controls, draft Infrastructure Delivery Plan and a draft Development Guideline for the Parramatta CBD be prepared and reported to Council prior to formal exhibition of the Planning Proposal.

(c) That Council writes to the Minister for Environment to apply for an exemption to enable flood related development controls above the 1 in 100 average recurrence incidence and up to the probable maximum flood for certain areas within the Parramatta CBD.

(d) That Council authorise the CEO to correct any minor anomalies of a non-policy and administrative nature that may arise during the plan amendment process.

(e) Further, that to address the inconsistency between the Council resolution of 14 December 2015 and the Urbis Heritage Study recommendations, Council resolves as follows:

“That Council amend the incentive FSR map for the block bound by Marsden St, Macquarie St, Church St (Centenary Square) and the railway line to be consistent with the FSRs recommended in the Urbis Heritage Study.”

DIVISION The result being:-

AYES: Councillors R Dwyer, G J Elmore, S T Issa, S D Lloyd, J L Shaw and A A Wilson

NOES: Councillors J P Abood and J A Hugh

Note

1. Councillor J Chedid declared a significant but non-pecuniary interest in relation to this matter as a family member owns property in the CBD. Councillor Chedid temporarily retired from the meeting during consideration and voting on this issue.

2. Councillor S Chowdhury declared a non-pecuniary interest in relation to this matter as he is on the Board of a Company that owns property in the CBD. Councillor Chowdhury also declared a pecuniary interest in relation to this matter as he has an interest in land in the CBD that relates to this issue. Councillor Chowdhury temporarily retired from the meeting

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during consideration and voting on this issue.3. Councillor P Esber declared a pecuniary interest in relation

to this matter as h e has an interest in land that relates to this issue and temporarily retired from the meeting during consideration and voting on this issue.

4. The Lord Mayor, Councillor P J Garrard declared a non - pecuniary interest in relation to this matter as he is on the Parramatta Leagues Club Board which owns property in the CBD that relates to this issue. The Lord Mayor temporarily retired from the meeting during consideration and voting on this issue.

5. Councillor Makari declared a significant, pecuniary interest in relation to this matter as a relative has an interest in land affected by this issue and temporarily retired from the meeting during consideration and voting on this issue.

6. Councillor J Shaw declared an interest in relation to this matter as he owns property in the affected area but as the property is his principal place of residence, the interest is insignificant and Councillor Shaw remained in the Chamber during discussion and voting on this matter.

7. As the Lord Mayor was absent from the meeting during this matter, Councillor S D Lloyd assumed the Chair.

ADJOURNMENT OF MEETING

In accordance with Council's decision of 23 October 2000 (Minute No 5712), the meeting adjourned at 9.11pm for a period of 10 minutes.

RESUMPTION OF MEETING

The meeting resumed in the Council Chamber at 9.21pm, there being in attendance the Lord Mayor, Councillor P J Garrard in the Chair and Councillors J Chedid, R Dwyer, G J Elmore, P Esber, J A Hugh, S T Issa, S D Lloyd, J L Shaw and A A Wilson.

NoteCoun cillors J P Abood, S H Chowdhury and B Makari retired from themeeti ng at 9.11pm during the adjournment.

CLOSED SESSION

1 6 5 7 8 RESO LVED (Esbe r /Dwyer )

Mem bers of the press and public be excluded from the meeting of the Closed Session and access to the correspondence and reports relating to the items considered during the course of the Closed Session be

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withh

th

th

eld. This action is taken in accordance with Section 10A(2) of the Loca l Government Act, 1993 as the items lists come

within the followingprov isions:-

1 Tender 56/2015 - Construction of Two Single Lane Roundabouts and Associated works in Blaxcell Street at Farnell Street and Membrey Street, Granville. (D04091152) - This report is confidential in accorda nce 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.

2 Tender 57/2015 – Parkes Stre et at Station Street East, Parramatta – Traffic Control Signal Upgrade and Associated Works . (D04096529) - 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.

3 Tender 60/2015 Ostend Street, South Granville – Drainage, Kerb & Gutter, Road Reconstruction, Streetscape and Associated Works.. (D04129892) - 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.

4 Tender 63/2015 Parramatta Valley Cycleway, Rydalmere (Subiaco Creek) – Section 22 Part C – Construction of an Elevated Pathway.. (D04134888) - 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 p osition of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

5 Legal Status Report. (D04143921) - This report is confidential in accordance with section 10A (2) (g) of the Local Government Act 1993

as the report contains advice concerning litigation, or advice at would otherwise be privileged from

production in legalproceedings on the ground of legal professional privilege.

6 Parramatta Square - Matters of Urgency - 3 Parramatta Square - This report is confidential in

accordance with section 10A (2) (c) of e 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.

15.1 SUBJECT Tender 56/2015 - Construction of Two Single Lane

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REFER ENCE F2015/03185 -

REPORT OF Project Manager

Farnell Street and Membrey Street, Granville.

REFERENCE F2016/00035 - D04091152

REPORT OF Project Manager

16579 RESOLVED (Esber /Wi lson)

(a) That the tender submitted by Kelbon Project Services Pty Ltd for the construction of two single-lane roundabouts and associated works in Blaxcell Street at Farnell Street and Membrey Street, Granville for the sum of $449,108.00 (excluding GST) be accepted.

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

(c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

15.2 SUBJECT Tender 57/2015 – Parkes Street at Station Street East,Parramatta – Traffic Control Signal Upgrade and Associated Works

REFERENCE F2016/00035 - D04096529

REPORT OF Project Manager

16580 RESOLVED (Esber /Wi lson)

(a) That the tender submitted by Roadworx Surfacing Pty Ltd for the construction of traffic control signal upgrade and associated works at the intersection of Parkes Street and Station Street East, Parramatta for the sum of $402,978.11 (excluding GST) be accepted.

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

(c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

15.3 SUBJECT Tender 60/2015 Ostend Street, South Granville –Drainage, Kerb & Gutter, Road Reconstruction, Streetscape and Associated Works.

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16581 RESOLVED (Esber /Wi lson)

(a) That the tender submitted by Melhemcorp Pty Ltd for the construction of kerb & gutter, driveways, stormwater drainage, concrete footpath, road pavement and associated landscape works i n Ostend Street, South Granville for the sum of $726,77 8.00 (excluding GST) be accepted.

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

(c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

NoteCouncillor J P Abood had previously declared a significant but non-pecuniary interest in relation to this matter as one of the tenderers is a relative of his wife.Councillor Abood had retired from the meeting prior to this matter being considered.

15.4 SUBJECT Tender 63/2015 Parramatta Valley Cycleway,Rydalmere (Subiaco Creek) – Section 22 Part C – Construction of an Elevated Pathway.

REFERENCE F2015/03175 - D04134888

REPORT OF Supervisor Project Management

16582 RESOLVED (Esber /Wi lson)

(a) That the tender submitted by Fleetwood Urban Pty Ltd for the construction of an elevated pathway and associated civil and landscape works adjacent to Subiaco Creek Rydalmere for the sum of $2,650,843.53 (excluding GST) be accepted.

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

(c) Further, that the Lord Mayor and Chief Executive Officer be given delegated authority to execute and affix the Common Seal of Council to the necessary documents.

15.5 SUBJECT Legal Status Report

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REFERENCE F2016/00955 - D04143921

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REPO RT OF Legal Services Manager

16583 RESOLVED (Esber /Wi lson)

That the Legal Status Report be noted.

15.6 SUBJECT Parramatta Square - Matters of Urgency - 3 ParramattaSquare

REFERENCE F2016/00178

FROM Councillor John Chedid1 6584 Note

Councillor Chedid sought an update on the recent extension to the budget to enable the completion of various works in order to progress the development of 3 Parramatta Square.

The Chief Executive Officer advised that a report had been provided on this issue at the previous C ouncil Meeting and that he would be happy to recirculate th e report. Generally, the extension related to increased costs experienced due to poor weather and archaeo logical issues.

Councillor Chedid expressed his hope that Council had learnt from the experience.

The CEO advised that he, too, was concerned with the increase and had undertaken a full review. The extension to the budget had not been taken lightly.

SUSPENSION OF STANDIN G ORDERS

16585 RESOLVED (Chedid/L loyd)

That Standing Orders be suspended to enable consideration of an im portant motion pertaining to the River Foreshore activation.

SUBJECT Activation of River Foreshores

REFERENCE F2004/06073

FROM Councillor John Chedid

16 5 86 RESOLVED (Chedid /Hugh)

(a) That a report be provided on the Voluntary Planning Agreements adopted by Council where such agreements involve work along the River Foreshores and also including advice when such works

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will be completed.

(b) Further, that the report include advice as to whether boardwalks in this area have lighting and whether lighting is proposed to be provided along related cycleways.

RESUMPTION OF STANDING ORDERS

16 5 87 RESOLVED ( Issa /Wi lson)

That Standing Orders be resumed.

QUESTION TIME

1 SUBJECT Celebration of Anzac Day

REFERENCE F2008/04592

FROM Councillor Glenn Elmore

16588 Councillor Elmore asked whether a Committee previously formed for the celebration of Anzac Day was still active.

2 SUBJECT Regulation of Smoking Bans

REFERENCE F2004/09820

FROM Glenn Elmore

16589 Councillor Elmore commented that he had never seen so much smokingin outdoor areas of late and questioned who was responsible for the regulating of smoking in such areas.

The Director Strategic Outcomes and Development advised that the Department of Health was responsible for overseeing smoking in outdoor areas.

3 SUBJECT Expression of Appreciation to Director StrategicOutcomes and Development

REFERENCE F2008/04592

FROM Councillor Andrew Wilson

16590 Councillor Wilson expressed his appreciation to the Director Strategic Outcomes and Development, Ms Sue Weatherley, for assistance recently provided in relation to a constituent’s building issue.

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4 SUBJECT Responsibility for Felled or Fallen Trees

REFERENCE F2008/04592

FROM Councillor Bob Dwyer

16591 Councillor Dwyer sought advice on whether residents or Council is legally and/or financially responsible in the event that a tree on a resident’s property falls onto public land and injures a person or damages property of another party.

NoteCouncillor P Esber retired from the meeting at 9.33pm duringconsideration of this matter.

5 SUBJECT Provision of Toilets - Outdoor Cinema

REFERENCE F2008/04592

FROM Councillor John Chedid

16592 Councillor Chedid commented that he had recently attended the outdoor cinema and as no toilets had been provided, patrons were forced to utilise the toilets located at the Riverside Theatres restaurant.

Councillor Chedid questioned whether the development consent for the outdoor cinema required the provision of portaloos or the like.

The meeting terminated at 9.35pm.

THIS PAGE AND THE PRECEDING 30 PAGES ARE THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON MONDAY, 11 APRIL 2016 AND CONFIRMED ON TUESDAY, 26 APRIL 2016.

Lord Mayor