Agenda of Council Meeting - 24 October 2017

Council Meeting

24 October 2017

SUMMARY OF ITEMS

The following provides a summary of the items to be considered at the meeting.

1. Acknowledgement of Country

2. Apologies

3. Notice of Webcasting

4. Disclosures of Interest (Section 451 of the Local Government Act
and Council’s Code of Conduct)

5. Confirmation of Minutes PAGE

Minutes of 3 October Council Meeting 5

Minutes of 12 October 2017 Council Meeting 13

6. Mayoral Minutes

Nil at the time of printing.

7. Staff Reports

ITEM PAGE

C1017 Item 1 Financial Statements for the Period Ending 30 June 2017 30

C1017 Item 2* Administrator's End of Term Report 36

C1017 Item 3* 2017/18 Budget and 2018/19 Budget Process. 56

C1017 Item 4* Local Government NSW Annual Conference 58

C1017 Item 5* Panel Of Code Of Conduct Reviewers 79

C1017 Item 6* Investment Report as At 31 July 2017 81

C1017 Item 7* Investment Report as At 31 August 2017 116

C1017 Item 8 Investment Report as At 30 September 2017 151

C1017 Item 9* Tabling of Pecuniary Interest Returns of Designated Staff for the Return Period 1 July 2016 to 30 June 2017 182

C1017 Item 10 2017/18 Inner West Council Grants Program 183

C1017 Item 11 Callan Park Waterfront Drive Sporting Field Upgrade 240

C1017 Item 12 Councillor Representation on Committees 244

C1017 Item 13 Outcomes From The Evaluation of a Trial Off Leash Area at HJ Mahoney Reserve, Marrickville. 287

C1017 Item 14 Merger Implementation Costs 294

C1017 Item 15 Fee Waiver Requests for Leichhardt Park Aquatic Centre and Dawn Fraser Baths 2017 - 2018 296

C1017 Item 16 The Metropolitan Orchestra Fee Waiver Request for 2018 300

C1017 Item 17 Options Paper: Short-term Holiday Letting in NSW including Airbnb 308

C1017 Item 18 Deputy Mayor Annual Fee 360

C1017 Item 19 Local Traffic Committee Meeting Held on 5 October 2017 361

C1017 Item 20 Final Submission on Westconnex M4-M5 Link Environmental Impact Statement 408

C1017 Item 21 Sydenham to Bankstown Urban Renewal Corridor Strategy Submission 525

Notice Of Motion

Item Page

C1017 Item 22* Notice of Motion: Inner West Waterways 526

C1017 Item 23* Notice of Motion: Reversing Oshc Fee Increases 527

C1017 Item 24* Notice of Motion: Unwinding The Unelected Council's Ban on Dogs in Pubs 528

C1017 Item 25* Notice of Motion: Making the Inner West a Leader in Renewable Energy 529

C1017 Item 26* Notice of Motion: Pride in The Inner West 532

C1017 Item 27* Notice of Motion: A Healthier Inner West 533

C1017 Item 28* Notice of Motion: Supporting Our Creative Communities 534

C1017 Item 29* Notice of Motion: Council to Enter Cities Power Partnership with the Climate Council And Prepare Report 536

C1017 Item 30 Notice of Motion: Pensioner Rebates 668

C1017 Item 31 Notice of Motion: General Manager’s Performance Review 672

C1017 Item 32 Notice of Motion: The Return of Local Democracy to the Inner West 673

C1017 Item 33 Notice of Motion: Inner West Council Art Prize 675

C1017 Item 34 Notice of Motion: Affordable Housing for the Inner West 679

C1017 Item 35 Notice of Motion: Ensuring An Affordable, Quality Early Education And Childcare Place for Every Child 681

C1017 Item 36 Notice of Motion: Aboriginal Names for Inner West Council Wards 682

C1017 Item 37 Notice of Motion: Public Facilities 683

Reports with Confidential Information

ITEM PAGE

C1017 Item 38 Audit, Risk and Improvement Committee 684

*These reports and Notices of Motion were not dealt with at the Ordinary Council Meeting on 12 October and have been referred to this meeting for consideration

Minutes of Extraordinary Council Meeting held on 3 October 2017

Meeting commenced at 5.34 pm

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Victor Macri

Lucille McKenna OAM

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Peter Gainsford

Mayor

Deputy Mayor

Councillor

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Tanya Whitmarsh

Deputy General Manager Community and Engagement

Group Manager Governance

Ian Naylor

Kendall Banfield

Ken Welsh

Manager Civic and Executive Support

Manager WestConnex Unit

Transport Planner

Katherine Paixao

Business Paper Coordinator (Minute Taker)

Public Speakers: See last page of these minutes.

1. Acknowledgement of Country by Chairperson

“I acknowledge the Gadigal and Wangal people of the Eora nation on whose country we are meeting today, and their elders past and present.”

2. Notice of Live Streaming of Council Meeting

The General Manager advised that the Council meeting was being streamed live on Council's website and members of the public must ensure their speech to the Council is respectful and use appropriate language.

DISCLOSURES OF INTERESTS :

Councillor Porteous declared a non-significant non pecuniary interest in Items 1 – 6 as she is a member of No WestConnex Public Transport Inc.

C1017 Item 1 Mayoral Minute: Opposition to WestConnex

Motion of Dissent (Hesse/Porteous)

That a Mayoral Minute can be considered as the first item on the agenda for an Extraordinary Council Meeting.

Motion Lost

For Motion: Crs Da Cruz, Hesse, Kiat, Porteous and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas,

Mayoral Minute (Byrne)

THAT:

Inner West Council formally adopts a position of continued opposition in the

strongest terms to the WestConnex project, both approved and future stages including stage 3, consistent with the opposition of the former councils of Ashfield, Leichhardt and Marrickville.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Cr Passas

C1017 Item 2 Mayoral Minute: Council Actions in Response to WestConnex

Mayoral Minute (Byrne)

THAT Council:

1. Note that consultant reports, costing in excess of $450 000, on the traffic impacts of each stage of the WestConnex project as well as an assessment of the Environmental Impact Statement for Stage 3 of the project, are due to be completed imminently. These studies include assessments of tunnel engineering, traffic modelling, air pollution, active and public transport and construction impacts. Council Officers and consultants have identified the following preliminary concerns about impacts in the Inner West Council area:

a. Air quality impacts from emissions from unfiltered ventilation stacks proposed for Haberfield, Rozelle and St Peters. The stack on Victoria Road, Rozelle near Terry Street raises particular concern due its proximity to densely developed residential areas and schools. Council is also concerned about emissions from all surface roads near interchanges that have additional traffic from WestConnex;

b. Construction impacts including noise, vibration, dust, truck traffic and employee parking demand from a number of construction sites in Haberfield, Ashfield, Leichhardt, Lilyfield, Rozelle, Annandale/Camperdown and St Peters. Stage 3 would prolong the terrible impacts residents have already endured from Stages 1 and 2. More stringent conditions of approval, stronger enforcement of compliance and improved management of cumulative impacts are all needed to ensure residents affected by Stage 3 are not subject to the same intolerable impacts as those affected by Stages 1 and 2;

c. Operational traffic impacts when each stage of WestConnex opens. Council is not only concerned about the broad impact of extra traffic attracted by the motorway (induced traffic), it is also concerned about extra traffic (rat-running) on residential streets around the Haberfield, St Peters and Rozelle interchanges. For Stage 3, Council is particularly concerned about extra traffic on streets including The Crescent and Johnston Street at Annandale, Frederick, Alt, Bland, Waratah and Dalhousie Streets at Haberfield and Ashfield and Canal Road at St Peters;

d. The need to protect local streets that may be affected, by all stages of the project, by additional traffic (rat-running), by implementing traffic calming on those streets, fully funded by the NSW Government;

e. Need to reclaim road space to implement public transport, active transport and streetscape improvements wherever traffic is reduced by WestConnex, with these improvements fully funded by the NSW Government. In particular, these kinds of improvements are sought for Victoria Road, Rozelle and Parramatta Road for its entire length through the Inner West Council area;

f. Need for quality design and full delivery of Rozelle Rail Yards recreation area. Council acknowledges that further detailed design work for the Rozelle Rail Yards (RRY) recreation area would be undertaken later. At this stage however, Council has concerns about impacts on the RRY recreation area from WestConnex service areas (ventilation stacks, transformers, water treatment area) and believes pedestrian and cycle connectivity across and to the site could be improved. Council would also like to see an early commitment from the NSW Government to deliver the RRY recreation area to Council or other appropriate body fully constructed for public use at the earliest opportunity;

g. Need to ensure the project does not sever future public transport corridors, in particular that the use of the Rozelle Rail Yards site for WestConnex must not sever rights-of-way for future public transport projects such as light rail to White Bay in Balmain and Sydney Metro West heavy rail; and

h. Overall lack of transparency, oversight and accountability by the NSW State Government agencies - In the planning, design and construction of the toll road system, resulting in a desperate lack of clear communication, certainty and / or remedy by residents in the community impacted by this project. This has been exacerbated with the forced amalgamation of the affected Marrickville, Leichhardt & Ashfield Councillors and the sacking of elected local representatives. During this period local residents and groups have had to take on the work of elected representatives in the area, and should be acknowledged for their effort and impact during this period.

2. Further note that the cost this year of the operation of the WestConnex Unit is projected at $860 000 and to exceed $1.5 million, in total, by 2019/20.

	*2016-17 (part)*	*2017-18*	*2018-19*	*2019-20 (part)*	*TOTAL*
Salaries (rounded)	$ 200,000	$ 320,000	$ 320,000	$ 120,000	$ 960,000
General expenses	$ 20,000	$ 40,000	$ 30,000	$ 10,000	$ 100,000
Stage 3 assessment	-	$ 250,000	$ -	$ -	$ 250,000
Modelling study	-	$ 250,000	$ -	$ -	$ 250,000
	$ 220,000	$ 860,000	$ 350,000	$ 130,000	$ 1,560,000

The expenditure spent by the former Councils on WestConnex is shown below:

Leichhardt Council $319,063

Ashfield Council $243,531

Marrickville Council $198,950

Total $761,544

3. Convene a series of on-site meetings for residents and business owners in the immediate vicinity of the construction and dive sites proposed in the Stage 3 EIS to provide location specific, factual information to them about Council’s assessment of the impacts, including air quality, traffic and construction impacts. This should include meetings to be held at Haberfield, Leichhardt, Rozelle, Camperdown and St Peters;

4. Write to the Minister for WestConnex:

a. Urgently seeking a meeting to discuss the ongoing and unacceptable impacts on residents in Haberfield and St Peters from utility companies associated with the project conducting night works and the ongoing failure of vehicle operators to adhere to the project’s conditions of consent and traffic management plans;

b. To demand assumptions and scenarios underlying the traffic modelling, contain in the Stage 3 EIS, not just model output;

c. Seeking full funding from the NSW Government of all traffic calming and amelioration expenditure required as a result of WestConnex;

d. Seeking the delivery of all legacy lands to Council or an appropriate body for public use at the earliest possible time.

e. Seek a guaranteed funding commitment contained in the Stage 3 EIS conditions of consent for SMC to fund improvements to residual lands in accordance with council’s requirements; and

f. Requesting that the Preferred Infrastructure Report for Stage 3 be publicly released prior to any assessment or approval.

5. Produce a report investigating the potential to initiate a dilapidation and structural assessment service for home and business owners impacted by tunnelling for the WestConnex project. The report should detail how the service could be provided on a cost recovery basis. Internal legal advice will be sought when drafting this report to determine if there are legal and/or administrative barriers to Council’s involvement in the dilapidation reporting process.

6. Commit to ongoing coordination of and support for the work of the WestConnex Community Liaison Committee in order to allow for the transparent flow of information between Council and the various WestConnex community groups.

7. State its preference for advocacy regarding WestConnex not to be outsourced to advertising agencies or external contractors and instead be conducted through Council’s WestConnex Unit;

8. Commit to always undertaking interrogation and analysis of SMC traffic modelling to fully understand impacts of traffic flows on surface emissions and stack emissions in the Inner West Council area ;

9. Complete Independent traffic modelling in affected areas to understand potential air quality impacts of induced traffic at interchanges and potential rat runs throughout the Council area, noting that some of this work is already underway;

10. Wherever possible, identify specific impacts and issues, relating to the construction phase, and suggest improvements that could strengthen approval conditions and enforcement actions to address these long term, cumulative impacts. These should be articulated in Council’s EIS response, drawing from lessons learned in the design, approval and construction of Stages 1 and 2;

11. Establish within Council of a log of complaints register and a process whereby residents within the Council area can log a copy of complaints made to SMC and state agencies in response to construction conditions, so that Council may make additional representation on behalf of residents to relevant state agencies and ministers. This should include dedicated contact numbers made available to residents to easily log complaints;

12. Produce a report for consideration by Councillors about how the existing plans for WestConnex detrimentally impact on potential public transport options, such as the White Bay Light Rail extension and the Sydney Metro West and major transport arteries such as Parramatta Road and Victoria Road. The report should also assess alternative proposals including the City of Sydney’s alternative plans.

13. Oppose, in principle, the City of Sydney’s proposal for 13 000 units to be built at the site of the St Peters interchange, noting that this would be a greater increase in residential density than is proposed in total for the Inner West Council area through the Government’s Sydenham to Bankstown rezoning proposals.

14. Dedicate an officer within the WestConnex Unit to:

a. Support and assist the work of the various action groups, acknowledging the proliferation and complexity of issues associated with the WestConnex project and the need for dedicated local support within the IWC area to focus on issues specific to the M4-M5 link and interchanges; and

b. The responsibilities of this position should include support and facilitation of community responses to planning and design documents, facilitation of log of complaints by residents, and support for Council’s advocacy on behalf of the Inner West community to relevant state agencies and Ministers.

ADJOURNMENT

7.31pm - The Mayor Clr Byrne called for a 3 minutes adjournment.

7.34pm – The Mayor Clr Byrne resumed the meeting.

ADJOURNMENT

8.19pm - The Mayor Clr Byrne called for a 8 minutes adjournment.

8.27pm – The Mayor Clr Byrne resumed the meeting.

ADJOURNMENT

8.37pm - The Mayor Clr Byrne called for a 7 minutes adjournment.

8.44pm – The Mayor Clr Byrne resumed the meeting.

Motion: (Porteous/Stamolis)

That points 3, 7 and 14 in Item 2 be dealt with Ad Seriatim

Motion Lost

For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti and York

Motion Carried Unanimously

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

ADJOURNMENT

9.11pm - The Mayor Clr Byrne called for a 5 minutes adjournment.

9.16pm – The Mayor Clr Byrne resumed the meeting.

WestConnex Stage 3 M4-M5 EIS

Motion: (Porteous/Da Cruz)

1. That council directs the General Manager to immediately appoint additional relevant consultants with the specialist expertise required to ensure that all aspects of the WestConnex Stage 3 M4-M5 Link proposal are fully assessed by council;

2. These consultants to be appointed urgently by council. The areas identified as requiring additional specialsit expertise beyond what is currently planned for the submission are: consultants in traffic modelling able to test the traffic modelling provided in the EIS; consultants in tunnel engineering; consultants in all health, mental health and community well-being matters arising from the WestConnex project; consultants to address all the safety aspects of the project; a noise expert to particularly assess the cumulative impacts of noise not addressed in the EIS and consultants to assess the updated (with the inclusion of Stage 3 and changes to Stage 1 and 2) financial case and cost-benefit analysis;

3. That Council ensure that the air pollution consultant appointed by council will fully cover all issues relating to air pollution and that the environmental, heritage, biodiversity and planning impacts are fully assessed either by consultants or by staff with relevant specialist expertise. The submission must include a full assessment of the impacts on the community of the construction phase, including changes to Bus Stop, Pedestrian and Cycle Routes. The key focus of the submission needs to be on providing the evidence and the detailed reasons that council opposes the WestConnex project; and

4. Where there is a shortfall in funding allocated to this work, the additional funding should be identified in the next quarterly review.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Cr Passas

WestConnex Taskforce

Motion: (Steer/Da Cruz)

1. That Council immediately establishes a council taskforce to oversee a communications campaign aimed at stopping WestConnex from proceeding;

2. That the membership of this taskforce is all interested Councillors, relevant council staff (Communications) and representatives from all the local groups campaigning against WestConnex; and

3. That an initial amount of $50,000 be allocated to appoint a communications firm to run the campaign to stop WestConnex from proceeding.

Motion Lost

For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti and York

Report to Council on WestConnex Stage 3 M4-M5 EIS

Motion: (Kiat/Byrne)

That council bring that draft council submission on WestConnex Stage 3 M4-M5 Link to an open council meeting for consideration by the councillors with contribution from the community on the submission sought at the meeting before it is finalised and submitted.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Community Organiser to Campaign Against WestConnex

Motion: (Porteous/Hesse)

That Council commits to urgently match fund with the City of Sydney Council for $50,000 (deferred for determination to the new council) required to cover half the costs of employment (with related costs) of a full time community organiser to work under no WestConnex Public Transport Inc supervision to support and capacity build local No WestConnex groups.

Motion Lost

For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti and York

Meeting closed at 10.39 pm.

Public Speakers:

Item #	Speaker	Suburb


Item 1:	Catherine Gemmell	Leichhardt
	Richard Dudlly-Smith	Annandale
	Rhea Liebmann	Marrickville


Item 2:	Lyall Kennedy Rhea Liebmann Catherine Gemmell Emelina Wallace Merilyn Fairskye Anne Picot Nathan English David McDonald	Haberfield Marrickville Leichhardt Erskineville Newtown St Peters Balmain North Sydney (Parramatta Road Business Owner)


Item 3:	Catherine Gemmell Janet Dandy-Ward Rhea Liebmann Nathan English Christina Valentine	Leichhardt WestConnex Action Group Marrickville Balmain North Leichhardt


Item 4:	Janet Dandy-Ward Lesley Treleaven	WestConnex Action Group Annandale


Item 5:


Item 6:	Catherine Gemmell Rhea Liebmann Christina Valentine Nathan English	Leichhardt Marrickville North Leichhardt Balmain

Council Meeting

24 October 2017

Minutes of Extraordinary Council Meeting held on 12 October 2017

Meeting commenced at 6.33 pm

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Rik Hart

Peter Gainsford

Mayor

Deputy Mayor

Councillor

Councillor (8.15pm)

Councillor

Interim General Manager

Deputy General Manager Assets and Environment

Michael Tzimoulas

Deputy General Manager Chief Financial and Administration Officer

John Warburton

Tanya Whitmarsh

Deputy General Manager Community and Engagement

Group Manager Governance

Gill Dawson

Pav Kuzmanovski

Nellette Kettle

Ian Naylor

Kendall Banfield

Ken Welsh

A/Group Manager Strategic Planning

Group Manager Finance

Group Manager Integration, Customer Service and Business Excellence

Manager Civic and Executive Support

Manager WestConnex Unit

Transport Planner

Katherine Paixao

Business Paper Coordinator (Minute Taker)

APOLOGIES

Motion (Passas/Porteous)

That Council accept apologies from Councillor McKenna and note Councillor Macri has advised that he will be late to the Meeting.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

1. Acknowledgement of Country by Chairperson

“I acknowledge the Gadigal and Wangal people of the Eora nation on whose country we are meeting today, and their elders past and present.”

2. Notice of Live Streaming of Council Meeting

DISCLOSURES OF INTERESTS :

Councillor Lockie declared a pecuniary interest in Item 20 - Notice of Motion: Reversing OSHC Fee Increases, as her family pays for use of this service.

Councillor Kiat declared a non-significant, non-pecuniary interest in Item 22 - Making the Inner West a Leader in Renewable Energy and Item 28 - Council to Enter Cities Power Partnership With The Climate Council, as his sister-in law is a volunteer for the Climate Council.

Councillor Hesse declared a non-significant, non-pecuniary interest in Items 3 and 33 - Planning Proposal Snapshot of 4-38 Carrington Road Marrickville, as he lives in the proximity of Carrington Road.

Councillors Macri and Iskandar declared a significant, non- pecuniary interest in Items 2, 3 and 33 - Revised Draft Sydenham to Bankstown Urban Renewal Corridor Strategy and Planning Proposal Snapshot of 4-38 Carrington Road Marrickville , as they are members of the Sydney Central Planning Panel and may be required to determine this matter.

CONFIRMATION OF MINUTES

Motion (York/Porteous)

That the Minutes of the Council Meeting held on Thursday, 21 September 2017 be confirmed as a correct record.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Item 30 Mayoral Minute: Consistent Metropolitan Approach to Bike Share Schemes

Motion: (Byrne)

THAT Council:

1. States its in principle support for commercial bike share schemes;

2. Notes that the success and viability of bike share schemes depends upon a proper regulatory framework which protects the accessibility and safety of pedestrians as well as the amenity of local streets and footpaths;

3. Convene a meeting between Inner West, Waverly, Randwick and Woollahra Councils and the City of Sydney to formalise a regional response to bike share operators that includes:

a. A consistent regulatory framework for all bike share operators;

b. A consistent approach to designated bike storage areas; and

c. Investigation of a permit tender process that imposes regulations upon successful bike share operators.

4. Request legal advice from Council’s Group Manager Legal regarding:

a. What constitutes an abandoned bike; and

b. Council’s powers to remove and/or impound bikes.

5. Receive a report on a proposed internal management plan from Council officers at the November Ordinary Meeting.

6. Undertakes an audit of all bike racks provided by Council and brings back to Council a report as soon as possible which identifies locations for additional bike racks to be installed across the Inner West and makes recommendations for their installations;

7. Asks the 3 local state members and relevant Ministers to take up this issue with a view to developing appropriate legislation to address the compliance issues.

8. Council to commence investigations which will determine how hire bike services fit with and complement Councils’ own transport strategies, how these services might best operate within our municipality and how to minimise any problems and impacts on our community, our local environment and on Council resources; and

9. A report to be submitted to Council when the investigations are complete.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Porteous, Stamolis, Steer and York

Against Motion: Crs Passas and Raciti

Item 31 Mayoral Minute: Progressing Towards 100% Divestment from Fossil Fuels

Motion: (Byrne)

THAT:

1. Council notes that Council has achieved a 77% divestment from fossil fuels as at August 2017;

2. Council continues to prioritise and expand its range of non-fossil fuel investments;

3. All non-fossil fuel investments are based on security and minimising financial risk;

4. Officers provide a report to the November Ordinary Council Meeting on ways to expand Council’s range of investments with respect to top rated non-fossil fuel aligned financial instruments and progress toward the 100% target; and

5. Council recommits to a review of the Policy in May 2018.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Item 32 Mayoral Minute: Westconnex

Mayoral Minute (Byrne)

THAT Council:

1. Produce a report, for consideration by Councillors, exploring all legal avenues available to Council to challenge the compulsory acquisition and approval processes for the Westconnex project. This should include a summary of all previously procured legal advice; and

2. Seek a meeting with WSROC to discuss possible collaborative responses and actions relating to the WestConnex project.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Passas, Porteous, Stamolis, Steer and York

Against Motion: Cr Raciti

Councillor Iskandar left the Meeting at 7:37 pm as he declared a significant, non- pecuniary interest in Item 33, did not participate in the discussion and did not vote on the matter.

Item 33 Mayoral Minute: Carrington Road Planning Proposal

Motion: (Byrne)

THAT Council:

1. Opposes, in its current form, the Carrington Road rezoning proposal, based on the vast range of impacts detailed in Council's letter to the proponent of 29 September 2017;

2. Hold a public meeting on Thursday October 19 at 7:30 at Marrickville Town Hall to inform the community about the details of the Carrington Road rezoning proposal;

3. Reiterate its opposition to the Sydenham to Bankstown Strategy which is the catalyst for the Carrington Road proposal;

4. Invite Mirvac to present to the October 19 Public Meeting on their proposal; and

5. Seek advice from the relevant arts bodies about the impact of the loss of creative business in Carrington Road on the arts sector

Motion Carried

For Motion: Crs Byrne, Drury, Hesse, Kiat, Lockie, Porteous, Stamolis, Steer and York

Against Motion: Crs Da Cruz, Passas and Raciti

Absent: Councillor Iskandar

Councillor Iskandar returned to the Meeting at 8:20 pm

Councillor Macri entered the Meeting at 8:21 pm.

Item 34 Mayoral Minute: Welcoming Same Sex Marriage In Council Facilities

Motion: (Byrne)

THAT Council:

1. Authorise the waiver of fee hire of Council Halls, parks and Community Centres for any couple wishing to marry in the 100 days following legislation of same-sex marriage;

2. Ensure that no existing bookings are cancelled or moved to accommodate any such marriage celebration bookings;

3. Ensure that all hall users remain responsible for all other fees associated with the cost of their wedding;

4. Provide 28 days public notice of intention to waive the hire fee in accordance with and for the purposes of Local Government Act requirements, in anticipation of a successful legislation of same-sex marriage;

5. Provide a report on financial impacts at the first quarterly review following the 100 day period; and

6. Consult with the LGBTQI working group.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Porteous, Stamolis, Steer and York

Against Motion: Crs Macri, Passas and Raciti

Item 35 Mayoral Minute: Parking Meters

Motion: (Byrne)

THAT Council:

1. Commits to a policy of turning off parking meters in the former Leichhardt Municipality at 7:00pm, to be implemented responsibly after receiving advice from Council officers about the policy’s cost, funding and implementation.

2. Seek a detailed report from Council officers analysing the current state and options for improving main street across the Inner West Council area which includes;

a. Detailed modelling of the estimated costs of the implementation of turning parking meters off in the former Leichhardt Municipality and options for funding the revenue shortfall created.

b. Assessment of potential improvements to existing permits system which can facilitate increased visitation and economic activity on our main streets.

c. Assessment of the benefits, costs and impacts of extending 30 minute free parking to all meters in the former Leichhardt Municipality.

3. Commit to a policy of no new parking meters anywhere in the Inner West Council area.

4. Undertake detailed consultation with all chambers of commerce, main street businesses, residents and visitors about how to improve parking in all main streets across the local government area.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Item 36 Mayoral Minute: Bus Privatisation

Motion: (Byrne)

THAT Council:

1. Opposes the privatisation of Inner West Bus Services.

2. Write to the Minister for Transport, Andrew Constance MP, demanding:

a. An explanation for the disparity in the treatment of inner west bus services as compared to eastern suburbs services;

b. That the State Government focus upon improving the existing service rather than privatising it; and

c. That the State Government give a guarantee that no bus services will be cut from the inner west.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Crs Passas and Raciti

PROCEDURAL MOTION: (Byrne/Hesse)

That Items 1, 2, 3, 4, 9, 14, 15, 16, 18, 19, 22, 26, 27, 28, and 29 be brought forward and dealt with in this order as members of the gallery would like to speak to these items.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Councillor Raciti left the Meeting at 9:30 pm.

C1017 Item 1 Draft Submission on Westconnex M4-M5 Link Environmental Impact Statement

Motion: (Drury/York)

THAT Council:

1. Receive and note the Draft Submission;

2. Note that the final submission will be submitted by the 16 October 2017 deadline; and

3. Receive a further report with a copy of the final submission at the Ordinary Council Meeting on 24 October.

4. Ensure all community action groups have been consulted, and invited to attach their own submissions to Council’s, prior to final submission of the EIS response on 24 October 2017

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillor Raciti

Councillors Macri and Iskandar left the Meeting at 9:50 pm as they had declared a pecuniary interest in Item 2, did not participate in discussion nd did not vote on the matter.

PROCEDURAL Motion:

Motion (Porteous/Byrne)

That Recommendation 5-8 in Item 1 be voted on ad seriatim.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillor Raciti

Motion: (Drury/York)

5. That Council purchase up to 1000 corflutes to be made available to residents who would like to display these. The corflutes will express opposition to WestConnex with the words being determined by WestConnex campaign groups and Council.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Porteous, Stamolis, Steer and York

Against Motion: Crs Macri and Passas

Absent: Councillor Raciti

Motion: (Drury/York)

6. That the submission includes where available results of the traffic modelling undertaken by Council.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Cr Passas

Absent: Councillor Raciti

Motion: (Drury/York)

7. That there be a fuller argument against the compulsory acquisition of Buruwan Park developed in the submission including impact on Light rail, cycleways impact and use of the park by locals

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Cr Passas

Absent: Councillor Raciti

8. That Council commits to writing to all members of State Parliament seeking their support for a full inquiry into WestConnex and that the EIS for Stage 3 not proceed until the inquiry is concluded

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Cr Passas

Absent: Councillor Raciti

Councillor Raciti returned to the Meeting at 9:50 pm.

Councillor Iskandar and Macri left the Meeting at 9.50pm as they had declared a pecuniary interest in Items 2 and 3. They did not participate in the discussion and did not vote in the matter.

C1017 Item 2 REVISED DRAFT SYDENHAM TO BANKSTOWN URBAN RENEWAL CORRIDOR STRATEGY

Motion (Drury/Hesse)

1. The report be received and noted.

2. That Council requests the officers reconsider aspects of their report that are not in tune with community expectations including

a) Revisit the Save Dully submission in its entirety but focusing on returning a number of blocks to single dwelling areas and reduce development intensity in other areas, including in streets such as Constitution Rd, Hercules St, Terrace Rd, The Parade, School Parade, Riverside Crescent and Ewart Street/Ewart Lane

b) Strongly advocating on behalf of areas excised from the 2015 strategy and retained as single dwelling areas;

c) Arguing that heritage reviews take place before any proposed rezonings;

d) Raising the issue of this strategy having the potential to removing existing blocks with relatively low cost rental housing;

e) stress that that any development plans for Dulwich Hill and for the broader corridor establish a greater level of open space per head of population than the current inadequate level;

f) further stressing that a fully funded infrastructure plan for Dulwich Hill which outlines how school, health and other infrastructure will be provided alongside a population growth in our suburb;

g) Amend a number of the strategy’s proposed public domain initiatives, in particular to remove the reference for new vehicular roads.

h) That the draft submission’s reference to resumptions of properties around Tom Kenny Reserve, Marrickville West, be removed

i) That the council examines the potential for heritage protection in areas excised from the strategy but have been previously recognised by the council as having extremely high and contributory streetscape value, such as Macarthur Parade North

j) Given the clear flaws and inadequacies in the draft Sydenham to Bankstown Strategy, the council calls on the NSW Government to hand over strategic planning control in suburbs currently impacted by this strategy

k) Give far more emphasise early in submission to clear statement that the: Planned zoning in several areas is too high, and inadequate transition from low density (single dwellings) to medium high rise and high rise, creating shadowing, loss of privacy, and building physically dominate and detract from appearance of streetscape. As an example, 8 storeys next to single storey along west Carrington Road; Marking a transition edge/ hatching is not a solution.

l) (Council draft submission doesn’t make these points specifically or prominently enough; needs stronger language and firmer recommendations; it does recommend 5 storeys west Carrington with hatching – needs to be stronger. Note Council revised map still has west Carrington coloured red, needs to be changed)

m) Transition gradually from low density to low rise and then to medium rise across whole area (again, west Carrington as example)

n) Need to retain important streetscapes as low density/ single dwellings to retain significant character and heritage, eg Grove Street.

o) Say specifically that low rise must be no more than 3 storeys, even if within 500 metres of a railway station.

p) Create new playing fields and put these on zoning maps, eg area bounded by Richardson Cres, Carrington, Renwick.

q) Create new open space and put on map, eg area east Carrington between Warren and Ruby, as per earlier maps.

r) Retain significant industrial zoned land (IN1 and IN2) on East and West Carrington, Myrtle and east end Renwick.

s) Marrickville currently has a good supply of commercial space under residential, and difficulty in leasing much of it, so don’t need large new supply.

t) Create bicycle path along railway boundary between Tempe and Marrickville stations (south and west of railway).

u) Recommend that the Carrington precinct east of Carrington, although subject to separate planning proposal, be zoned as 5 storeys on average and colour map accordingly (Inner districts of Paris are typically 5 storeys, providing significant housing density incorporated with many public spaces, parks & good public transport)

v) Say specifically that density of 30 storeys in Carrington precinct cannot be handled by local streets, parking and other infrastructure.

w) Say specifically that buildings immediately east of Carrington Road should be no more than 5 storeys (it’s not clear from existing documents what is proposed there)

x) Raise concern of flooding Carrington Road/ current industrial areas.

y) Pedestrian access/ bridge needed over Richardson Cres.

z) Stronger emphasis on need for car parking required in all developments.

aa) Specifically mention where heritage buildings and character of streetscapes will be destroyed by revised Marrickville Plan. Eg Heritage cottages Schwebel Street; inconsistency that Leofrene noted as potential heritage value in heritage section, but rezoned to 5/8 storey.

bb) Specific point - need to preserve heritage Palm trees along Carrington Rd.

cc) Marrickville is being asked to add 6,000 new units plus 1,200 along Victoria Rd. At 2.2 people per dwelling that is nearly 16K extra people , and it will probably happen in 5 years, not 20. Marrickville suburb has about 24K people now, so that is a 67% increase in a short time, an unfair share to be imposing on a small suburb.

dd) Marrickville Plan needs to identify the number of increased residents planned for suburb of Marrickville, and how that number is calculated.

ee) No rezoning for Marrickville until adequate studies are completed – eg on overshadowing and topography, traffic and parking impact, impact on employment, heritage.

ff) The inclusion in the draft submission of community feedback summary on pages 20—22 of this Item 2 before presentation of the final submission.

3. That the Final Submission be presented to the Ordinary Council Meeting on 24 October.

4. That Council establish a working group to deal with issues arising from the State Government's Metro Project and the Sydenham to Bankstown Urban Renewal Corridor (SBURC);

a) The Working Group shall, as a priority and by the latest within three months from its first meeting, present a draft plan to Council for a campaign in relation to SBURC, which may include a request for funding to be allocated for the Working Group;

b) The Working Group consist of two councillors and up to 10 nominated members of the community. Preference will be given to members of existing community groups concerned with these State Government initiatives (Save Marrickville South, Save Dully, Marrickville Resident Action Group and the Sydenham to Bankstown Alliance);

c) The working group will be co-ordinated by a senior staff member, have access to staff members with expertise in transport, planning and community and government relations and it should be appropriately resourced. The working group will select a councillor as chair from its members at the first meeting.”

5. That Council invite local community action groups to provide their submissions to Council for inclusion in Councils submission.

6. That Council state its opposition to the sell off of the Sydenham-Bankstown Rail Line as part of the Sydney Metro privatisation project

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie,, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillor Iskandar, Macri

C1017 Item 3 Planning Proposal Snapshot of 4-38 Carrington Road, Marrickville

Motion (Stamolis/Drury)

THAT Council receives and notes this report.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillors Iskandar, Macri and Passas

Councillor Macri returned to the Meeting at 10:24 pm.

Councillor Iskandar returned to the Meeting at 10:24 pm.

C1017 Item 4 MERGER IMPLEMENTATION

Motion (Byrne/Lockie)

That Council expresses its gratitude and thanks to all the officers of the Inner West Council for their hard work and dedication throughout the amalgamation, noting the great pressures and difficulties that have been forced on them by the process.

That Council receive a further report that details;

- What staff turnover has occurred since the amalgamation; and

- Service levels pre and post amalgamation to allow Councillors to determine if the quality and delivery of services has changed

Motion Carried Unanimously

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

The Mayor, Councillor Byrne left the Meeting at 10:38 pm.

The Deputy Mayor, Clr Passas assumed the Chair.

Councillor Drury left the meeting at 10.45pm.

C1017 Item 9 Local Traffic Committee Meeting held on 3 August 2017 and 7 September 2017

Motion: Stamolis/Porteous

That interested councillors and community representatives be invited to attend an onsite meeting for Item 1 Local Route 16 (Addison Road) of the August Traffic Committee Minutes and Item 16 (Traffic calming intersection of Croydon Road and Church Street) of the September Traffic Committee Minutes.

THAT the Minutes of the Local Traffic Committee Meeting held on 3 August 2017 and 7 September 2017 be received and the recommendations be adopted with the exception of Item 1 Local Route 16 (Addison Road) of the August Traffic Committee Minutes which has been deferred, Item 6 (Marrickville Road, Marrickville – Temporary Full Road Closures For Dulwich Hill Village Fair) of the August Traffic Committee Minutes which has been approved by RMS and Item 16 (Traffic Calming, Intersection of Croydon Road and Church Street) of the September Traffic Committee Minutes which has been deferred.

Motion Carried

For Motion: Crs Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillors Byrne and Drury

The Mayor, Coucnillor Byrne returned to the Meeting at 11pm and assumed the Chair.

Councillor Drury returned to the Meeting at 11pm.

Councillor Raciti and Passas left the Meeting at 11pm.

PROCEDURAL Motion:

Motion (Porteous/Byrne)

That the meeting be extended to deal with the items identified by the members of the public, that they wish to speak to.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillor Passas and Raciti

C1017 Item 13 Notice of Motion: HIRE BIKE SERVICES

Item 13 was considered in conjunction with Item 30.

C1017 Item 14 Notice of Motion: Pedestrian Safety on Croydon Road, Croydon

Motion: (Da Cruz/Porteous)

THAT:

1. Council through the Traffic Committee urgently convenes an onsite meeting with the local community, a school representative, members of the Traffic Committee and Ward Councillors at a time that school children are walking to school to observe and hear from the community and Councillors on what the key safety issues are and hear from Traffic Committee members on ways they could be addressed; and

2. A report be brought to the Traffic Committee and then to Council as soon as possible outlining proposals to improve the safety for school children and pedestrians on Croydon Road, Croydon. These proposals to include investigation on the installation of a pedestrian crossing and traffic calming measures. The report should also provide a proposed timeline for works and proposed prioritisation of funding for the works.

Motion Carried

For Motion: Crs Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillors Passas and Raciti

C1017 Item 15 Notice of Motion: Pedestrian Safety on Frederick Street, Ashfield

Motion: (Da Cruz/Porteous)

THAT Council write to the Minister of Roads Maritime and Freight requesting the urgent upgrade of the pedestrian safety facilities in Frederick Street Ashfield as outlined in the notice of motion

Motion Carried

For Motion: Crs Da Cruz, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Nil

Absent: Councillors Passas and Raciti

Councillor Julie Passas returned to the Meeting at 11:15 pm.

Councillor Vittoria Raciti returned to the Meeting at 11:15 pm.

ADVERTISING TRAILERS ON FREDERICK STREET, ASHFIELD

Motion: (Macri/Byrne)

That Council investigates the removal of the advertising trailers on Frederick Street, Ashfield

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

C1017 Item 16 Notice of Motion: Pedestrian Safety in Haberfield and Leichhardt

Motion: (Da Cruz/Stamolis)

THAT Council refer the following matters to the Traffic Committee for consideration:

1. Investigate pedestrian safety measures including the introduction of 40km speed limits and associated traffic calming for the commercial areas approaching the intersection of Dalhousie and Ramsay Streets, Haberfield;

2. Investigate pedestrian safety measures including the introduction of 40km speed limits and associated traffic calming on Marion Street at the intersections with Norton Street, Elswick Street and Flood Street, Leichhardt; and

3. Investigate pedestrian safety measures including the introduction of 40km speed limits and associated traffic calming on the approaches to the intersection of Flood Street and Lords Road, Leichhardt.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

C1017 Item 18 Notice of Motion: Council Response to the NSW Revised Draft Sydenham to Bankstown Urban Renewal Corridor Strategy

Councillor Drury withdrew this Motion as the Matter was dealt with earlier in the Meeting.

C1017 Item 19 Notice of Motion: EXPEDITING THE DELIVERY OF THE UPGRADE OF SPORTING FIELDS AND A SKATE PARK IN CALLAN PARK

Motion: (Byrne/Passas)

THAT Council:

1. Adopt a policy position in support of the establishment of a Callan Park Trust to govern the site and the implementation of the Callan Park Master Plan;

2. Produce a report, to be tabled at the next Ordinary Meeting, detailing the precise status of the Waterfront Drive sporting field upgrade and the skate & BMX Park within Callan Park and identifying the necessary actions required to make sure they can be expedited and delivered;

3. Write to the Premier and relevant Ministers;

a. Stating Council’s adopted positions in relation to Callan Park;

b. Seeking a meeting with the Minister for Environment and Heritage to discuss the future of Callan Park; and

c. Seeking clarification about when the Minister’s public commitment that the approval of the Waterfront Drive playing field upgrade and the transfer of control of the grounds to Council will be carried out.

4. Convene a public meeting in Lilyfield to provide information to the local community about the Council’s plans for Callan Park and to enlist the community’s support in forcing the NSW Government to support the delivery of recreational facilities there, the establishment of a Callan Park Trust and implementation of the Callan Park Master Plan.

5. Urgently meet with Balmain District football club to identify the maintenance works required and include details of this assessment in the report to Council

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Matter Arising - Callan Park

Motion (Stamolis/Hesse)

That a tour of Callan park be scheduled for councillors in early 2018 with representatives of friends of Callan park in attendance

That Council acknowledge the exceptional heritage landscape beauty and history of Callan Park

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

Item 22 - Making the Inner West a Leader in Renewable Energy and Item 28 - Council to Enter Cities Power Partnership With The Climate Council

Motion (Byrne/Lockie)

That Item 22 and 28 be deferred to the next Ordinary Council Meeting.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Raciti, Stamolis, Steer and York

Against Motion: Nil

C1017 Item 26 Notice of Motion: Establishment of a Sydenham to Bankstown Corridor Committee

Councillor Hesse withdrew this Motion as the matter was dealt with earlier in the Meeting.

C1017 Item 27 Notice of Motion: Australia Day

Motion: (Hesse/Steer)

THAT Council seek advice from the Aboriginal and Torres Strait Islander Strategic Reference Group on whether they have a view on the current way in which Council engages with Australia Day. In considering alternatives the Strategic Reference Group is invited to assume the budget which currently applies to Council's Australia Day events should be attached to alternatives to the current celebrations.

MOTION LOST

For Motion: Crs Da Cruz, Hesse, Kiat, Porteous and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, Passas, Raciti, Stamolis and York

Foreshadowed Motion (Byrne/Drury)

THAT Council seek advice from the Aboriginal and Torres Strait Islander Strategic Reference Group on whether they have a view on the current way in which Council engages with Australia Day. And resolution 2 below.

Hold a citizenship motion ceremony during NAIDOC week which focuses on indigenous history and culture and the history of colonisation and survival of aboriginal Australians. Prospective new citizens should be invited to be sworn in or take the oath at this ceremony if they wish to.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Crs Passas and Raciti

C1017 Item 29 Notice of Motion: RESIDENT PRECINCT COMMITTEES

Motion: (Lockie/Stamolis)

THAT:

1. Council takes action to set up Resident Precinct Committees for the Inner West Council;

2. Council to design an effective RPC system for the Inner West Council which will include consultation with previous executive of Precinct Committees and members of the community; and

3. A report to come back to the February 2018 Ordinary Council meeting.

Motion Tied

For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion: Crs Byrne, Drury, Iskandar, Macri, Raciti, Passas and York

The Chairperson used his Casting Vote against the MOTION and the MOTION was LOST.

Foreshadowed Motion (Byrne/Drury)

That Council considers precinct committees as part of a broad review of community engagement to be reported to the December Ordinary Council meeting.

Motion Carried

For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Porteous, Stamolis, Steer and York

Against Motion: Crs Passas and Raciti

Items 5,6,7,8,10,11,12,17,20,21,22,23,24,25 & 28 were not considered this Meeting and will be listed on the Agenda for 24 October Council Meeting.

Meeting closed at 12.22am.

Public Speakers:

Item #	Speaker	Suburb
Item 30:	Anne Bickford	Lilyfield
Item 33:	Kim Goode Paul Mortimer Anne Bickford Peter Olive Ally Wright Harry Haralan-Biders	South Marrickville South Marrickville Lilyfield Marrickville South Marrickville South Marrickville
Item 35:	Anne Bickford	Lilyfield
Item 36:	Anne Bickford	Lilyfield
Item 1:	Richard Dudley-Smith	Annandale
Item 2:	Peter Olive Mark Skelsey Heather Davie Paul Mortimer Kim Goode	Marrickville Dulwich Hill Marrickville Marrickville Marrickville
Item 3:	James Gilronan	Petersham
Item 4:	John Lozano	Haberfield
Item 9:	Troy Thomas Joanne Dickson Rene Holmes	Marrickville Ashfield
Item 19:	Paul Avery	Balmain
Item 27	John Lozano	Haberfield
Item 29:	Mark Wheeler John Lozano	Rozelle Haberfield

Council Meeting

24 October 2017

Item No: C1017 Item 1

Subject: FINANCIAL STATEMENTS FOR THE PERIOD ENDING 30 JUNE 2017

File Ref: 17/4718

Prepared By: Pav Kuzmanovski - Group Manager Finance

Authorised By: Michael Tzimoulas - Deputy General Manager Chief Financial and Administration Officer

SUMMARY

The 2016/17 Financial Statements have been audited by the Audit Office and will present on the conduct of the audit for the Inner West Council. A copy of the statements will be circulated prior to the Meeting.

This report outlines Council’s financial performance and position for the period ending 30 June 2017 against industry indicators.

RECOMMENDATION

THAT:

1. Receives and notes the report.

2. Endorses the Financial Statements to be placed on public exhibition with a view of tabling the final report at the November 2017 Council meeting.

BACKGROUND

Council is required to prepare Financial Statements in accordance with the Local Government Act and Regulations, Local Government Code of Accounting Practice and Australian Accounting Standards. At its September meeting, Council resolved to release its statements for audit. The financial reporting period for the 2016/17 Financial Statements is 13 May 2016 to 30 June 2017.

The audit is now complete and the 2016/17 Financial Statements are required (by legislation) to be endorsed by Council and then placed on public exhibition. A copy of the statements will be circulated prior to the Meeting.

DISCUSSION

The 2016/17 Financial Statements are the first set of financial reports for the Inner West Council. Below is a summary of the financial information by reporting area.

Income Statement and Balance Sheet

Council’s Income Statement for the year discloses that the net Operating Result from Continuing Operations was a surplus $57.6m. The surplus is primarily attributed the following:

- One Off State Government merger grants of $25m ($15 Stronger Community Fund and $10m Merger Implementation Fund) which were minimally expended in the 2016/17 financial year. It is forecast that these grant will be expended in the 2017/18 and 2018/19 financial years.

- Developer Contributions totalling $27.6m which have been allocated to fund future capital works. Of the $27.6m received this year, Council received 4 affordable housing units, open space and public domain upgrades totalling $9.6m.

As these are the first combined Inner West financial statements the transfer of the assets and liabilities from the individual constituent Councils resulted in a net gain on amalgamation of $2.2 billion on the 13 May 2016. This item is a specific result of the amalgamation and in line with Accounting Standards and Local Government Code of Accounting Practice.

Council conducted a valuation of assets as at the 13^th May, 2016 and a final valuation as at 30^th June, 2017. This enabled Council to transfer the assets in a consistent manner and resulted in the recognition of other comprehensive income of $56m net.

Council’s Balance Sheet discloses net assets of $2.3 billion, primarily made up of Infrastructure related assets of $2.16 billion. A breakdown of infrastructure assets can be found in the capital schedule known as note 9a.

Council’s cash position sees it hold $205m in cash and investments. The following is a breakdown by Reserve.

Reserve	Amount ($M)
Externally Restricted - S94 Develop Contributions	$58
Externally Restricted - Unexpended Grants	$25
Domestic Waste	$17
Externally Restricted - Other Externally Restricted	$6
Internally Restricted - Employee Leave Entitlement	$33
Internally Restricted – Deposits and Bonds	$12
Internally Restricted – Other	$4
Working Funds	$50
Total	$205

As a part of this process, Council’s has fully funded its Employee Leave Entitlement (previously only partly funded – approximately 50%).

The tabled working funds have been fully allocated to fund capital renewal works in the coming financial years. Any additional initiatives that are incorporated into either the 2017/18 or 2018/19 budget (through a Council resolution) will need to either identify a new revenue source, financial saving or reduction in expenditure to fund the proposed initiative.

Local Government Industry Indicators

The Local Government indicators (summarised below) are determined by in the Code of Accounting practice. The indicators allow for inter council comparisons to be consistently made across the local government sector. The indicators are as follows:

Operating Performance Ratio

The purpose of the Operating Performance Ratio is to measure Council’s achievement of containing operating expenses within operating revenue

Council’s operating performance ratio was 4.42% which is above the benchmark of zero. This was primarily driven by the $10m Merger Implementation Fund grants received from the State Government which will primarily be spent in the 2017/18 financial year. The ratio excluding the $10m Merger Implementation funds is 0.66%.

Own Source Operating Revenue Ratio

The purpose of this ratio is to measure fiscal flexibility. The ratio highlights the degree of reliance on external funding sources such as operating grants & contributions.

Council's Own Source Operating Revenue ratio is above the benchmark of 60% which means that it has a low reliance on grants to fund operating expenditure. This indicator assists when developing the budget to ensure that ongoing operations are funded from sustainable funding sources.

Unrestricted Current Ratio

The purpose of this ratio is to assess the adequacy of working capital and its ability to satisfy obligations in the short term for the unrestricted activities of Council.

Council's Unrestricted Current ratio is above the benchmark of 1.5. This benchmark will be used in the development in Council’s Long Term Financial Plan to ensure that Council is financially sustainable and able to meet its ongoing short term financial obligations (Payroll and Creditors).

Debt Service Coverage Ratio

This ratio measures the availability of operating cash to service debt including interest, principal and lease payments.

Council's Debt Service ratio is above the benchmark of 2 and is capable of servicing its existing loan obligations as they are secured against rates income and factored into the budget. The ratio excluding the $25m in State Government merger grants (Merger Implementation of $10m and Stronger Community of $15m) is 2.41.

Rates, Annual Charges, Interest and Extra Charges Outstanding percentage

The ratio helps assess the impact of uncollected rates and annual charges on Council's liquidity and the adequacy of recovery efforts.

Council's Outstanding Rates and Annual Charges ratio exceeds the benchmark of 5%. Council will continue with its debt recovery actions for the 2017/18 financial year noting that no debt recovery action is taken against eligible pensioners.

Cash Expense Cover Ratio

This liquidity ratio indicates the number of months a Council can continue paying for its immediate expenses without additional cash inflow.

Council's Cash Expense Cover ratio is above the benchmark of 3. This will begin to diminish in the 2017/18 financial year as working funds are used to address Council’s infrastructure backlog. The ratio excluding the $25m in State Government merger grants (Merger Implementation of $10m and Stronger Community of $15m) is 7.39.

Council has exceeded benchmark in all of its financial indicators for this financial period. These will continue to be monitored throughout the 2017/18 financial year.

Council Infrastructure Industry Indicators

Council's Infrastructure asset indicators (found in Special Schedule 7) are a summary of Council’s infrastructure conditions for the financial year. Special Schedule 7 is not audited by the Audit Office in 2016/17.

A summary of the indicators show that Council is spending more on its renewals than it is depreciating but still has a backlog of approximately $63m that needs to be addressed. Working funds have been allocated over the current 4 year capital programs to address this backlog. However, the infrastructure backlog of $63m exceeds the total working funds available to Council of $50m and some working funds will be required to fund any new resolutions of Council that are not currently budgeted.

These indicators will be reviewed on an ongoing basis and will be included in the Long term Financial Plans and Asset Management Plans.

Next Steps

To ensure compliance with legislation the following steps need to occur:

- Council endorses the financial reports and signs the accounts (24 October 2017);

- Council receives the Audit report from the Audit Office to be incorporated in the Financial Statements and then submitted to the Office of Local Government by 31 October 2017;

- Council places it Financial Statements on public exhibition for public comment;

- Council endorses the final report at its November meeting noting any comments from the public exhibition period.

FINANCIAL IMPLICATIONS

There are no net financial implications of this report. It is noted that general funds have been allocated to fund Council’s infrastructure shortfall over the next four years.

The Audit, Risk and Improvement Committee have had a briefing with Audit Office and Council officers to discuss the conduct of the audit and Council’s financial position.

OTHER STAFF COMMENTS

Nil

PUBLIC CONSULTATION

Not Applicable

ATTACHMENTS

Nil.

Council Meeting

24 October 2017

Item No: C1017 Item 10

Subject: 2017/18 Inner West Council Grants Program

File Ref: 17/4718

Prepared By: Sue Pym - Social Planning Coordinator

Authorised By: Erla Ronan - Group Manager Community Services and Culture

SUMMARY

The purpose of this report is to obtain Council approval for the projects recommended for funding under the 2017/18 Inner West Council (IWC) Grant Program. Council’s grant program comprises six different grant streams and the recommended projects address Council’s vision and priorities and the grant program guidelines. In total $742,847 has been recommended to support 127 projects in the Inner West community.

RECOMMENDATION

THAT:

Council approve the funding recommendations for the Inner West Council grants program 2017/18 contained in Attachment 1

BACKGROUND

The Inner West Council (IWC) Grant Program recognises that Council cannot do everything on its own, and that the best ideas to support and inspire communities come from within the communities themselves. The grants provide assistance to groups and individuals to enable them to deliver programs and services which address identified needs and improve community wellbeing. The grants enable Council to support the diverse range of community and volunteer groups in the Inner West to achieve shared objectives. The 14 separate grant programs from the former Councils have been integrated to form the IWC Grant Program, comprising the following six grant streams available across the Inner West (grant program guidelines are available on Council’s grant page www.innerwest.nsw.gov.au/grants ):

· Community grants: up to $7,500 available to not-for-profit community based organisations or community groups auspiced by an organisation, for sustainable local projects which address local issues; promote social justice; enhance wellbeing; and foster inclusion and social connection. The grants support community development projects and initiatives that strengthen the sustainability and capacity of the Inner West community.

· Arts and Culture and Independent Artist grants: up to $7,500 available to not-for-profit organisations, social and creative enterprises, individuals auspiced by an incorporated body and individual artists. The grants support projects and initiatives that provide opportunities for creative participation; enhance creativity and connection to place in the public sphere; develop skills; and strengthen the sustainability and capacity of Inner West cultural and creative industries.

· Recreation grants: up to $7,500 available to community sporting and recreation groups and non-government community and commercial recreation organisations that offer recreation programs and services to residents in the IWC area. The grants support projects which address barriers to participation; create positive and meaningful involvement in neighbourhoods and communities; and ensure inclusive and best practice access to recreation.

· Environment grants: up to $7,500 available to support projects that strengthen the capacity of local groups to benefit the community through projects focused on environmental improvement; sustainability education; awareness-raising; and the promotion of sustainable living as a way of life. Grants support projects that address issues such as climate change; sustainable transport; water sensitive urban design; biodiversity; recycling and reuse.

· Local History grants: up to $7,500 available to support and enrich Council’s local history collection with a focus on organisations or persons to undertake projects about people, events and places of historical significance to the IWC area. Projects may include research; collections; archiving; conservation; publications; and exhibitions about the Inner West’s social and cultural history.

· Stronger Communities grants (2016; 2017; 2018 only): local community groups may apply for grants ranging from a minimum of $10,000 to a maximum of $50,000 for projects in the Inner West that build more vibrant, sustainable and inclusive local communities. This 2017 round of Stronger Communities grants aim to encourage projects that involve local partnerships. 2017 is the second year of this three year NSW government funded grant program, with a total allocation up to $1 million in grants over the three year period. Next year’s Stronger Communities grant round will allocate the remainder of the state government funding for these grants, and accordingly the IWC’s overall grant allocations will be significantly reduced. The general conditions for Stronger Communities Grants were provided by the state government, with specific guidelines being developed by IWC to suit our local needs. The conditions and guidelines allow for multi-year funding.

Delivery of an integrated IWC Grant Program

The six grants programs are managed by four service units across Council: Community Services and Culture; Recreation and Aquatics; Library and History Services; Sustainability and Environment. Community Services and Culture established a working group involving all relevant business units to ensure the grant programs are conducted in a coordinated and integrated way for the 2017/18 funding round. This coordinated approach enabled the delivery of:

· consistent opening and closing dates for applications (grants opened 3 July and closed 10 August 2017)

· an integrated marketing and promotion program, including a grant page on Council’s website with links to all six guidelines and application forms; promotion in the Inner West Courier; and extensive emails to relevant networks

· jointly run information sessions about the grant objectives, guidelines and application process

· free grant writing workshops with expert facilitator to train local groups in project planning; application design; and ways to improve their proposals

· an online application system across all grant programs in the IWC

· flexibility in the assessment of applications under different categories: in some cases applications that were ineligible under a particular grant category have been internally transferred to a more appropriate grant program.

Council officers convened multidisciplinary assessment panels for each of the six grant programs, with appropriate professional expertise including external panelists where appropriate (for example peer review). The grant panels assessed and prioritised applications against the relevant eligibility criteria, objectives and selection criteria. The projects recommended for funding more comprehensively reflected the grant guidelines and Council’s priorities than those which were unsuccessful. Recommendations from the six grant panels’ deliberations are included in Attachment 1. In many cases the amount recommended for specific projects was less than the amount requested. Reasons for this vary and include:

· a desire to support as many worthwhile projects as possible within the budget available;

· some applications budgeted for items that were ineligible under the guidelines for the particular grant, resulting in these amounts being removed from the grant recommended;

· the budget requested deemed not justifiable and panel concluding that the project could be conducted for a lesser amount.

Council officers from the relevant grant program will be available to liaise with any applicant desiring feedback on their application.

Summary of the 2017/18 IWC Grant Program

Grant Program

Service Unit Responsible

Available Budget

Applications

Assessed

Applications

Rec'd

Amount

Requested

Amount

Rec'd

Community *

Community Services and Culture

$148,200

$281,687

$148,118

Arts and Culture Grants

Community Services and Culture

$105,250

$259,236

$105,250

Independent Artists

Grants

Community Services and Culture

$41,000

$101,560

$41,000

Recreation

Recreation and Aquatics

$30,000

$141,110

$30,000

Environment

Sustainability and Environment

$44,000

$116,389

$43,873

Local History

Library and History Services

$25,000

$88,488

$25,000

Stronger Communities

Community Services and Culture

$350,000

$1,349,541

$349,606

Total

$743,450

209

127

$2,338,011

$742,847

*Although the total number of Community Grant applications received was 58, only 53 were assessed in this category due to a small number of applications being reallocated to other grant programs. Both the Arts and Culture and Environment grant streams considered Community Grant applications which were more aligned to their respective guidelines.

FINANCIAL IMPLICATIONS

Nil

OTHER STAFF COMMENTS

PUBLIC CONSULTATION

Not applicable

CONCLUSION

ATTACHMENTS

1.⇩

2017 IWC Grant Program Summary

Council Meeting

24 October 2017

Item No: C1017 Item 11

Subject: CALLAN PARK WATERFRONT DRIVE SPORTING FIELD UPGRADE

File Ref: 17/4718

Prepared By: Aaron Callaghan - Senior Parks and Open Space Planner

Authorised By: Peter Gainsford – Deputy General Manager, Assets and Environment

SUMMARY

This report provides an update on the status of the proposed Waterfront Drive Sporting Ground Upgrade. The report also provides an update on planning works associated with the development of a regional skate park facility at Callan Park.

Council submitted an Integrated Development Application for the Waterfront Drive Sporting Ground on the 30^th June 2017. The Development Application is currently being assessed by the Office of Environment and Heritage (OEH) as the Rozelle Hospital site, including landscaping, is listed on the State Heritage Register.

Given that Council is the applicant, the application is being assessed by an independent Planning Consultant. Council Assessments staff have instructed this Planning Consultant to finalise an assessment report by late November in the aim of reporting the application to the Inner West Planning Panel meeting of 12 December 2017, however, consideration of the application at this meeting is subject to the OEH’s assessment being finalised and OEH providing general terms of approval.

OEH have agreed to undertake the necessary maintenance works on Waterfront Drive until such time as a Licence Agreement is entered into by Council to maintain the playing field.

Council officers are working through finalising design requirements for the proposed regional skate park proposal. This follows on a meeting with the NSW Heritage Council in August 2017 where in principal support has been forthcoming on the proposed location for the regional skate park facility. Landscaping works to support the regional skate park design is expected to be completed in January 2018 with an Integrated Development Application is proposed to be lodged in March 2018 subject to the successful obtainment of landowners consent.

RECOMMENDATION

THAT Council receive and note this report.

BACKGROUND

At the April 2016 Ordinary meeting the former Leichhardt Council resolved in part ”That Council give in principle commitment to funding the refurbishment of both sporting grounds at Waterfront Drive Callan Park, pending a transfer of care, control and management of the grounds to Leichhardt Council” (Refer C185/16).

Since this date Council officers have been working proactively with key stakeholders and Government to seek agreement and planning approvals for the upgrade of the sporting grounds and their transfer to Council.

In March 2016, Council’s Development Application for the Regional Skate Park was turned down by the NSW Heritage Council. This decision was based on the grounds of heritage. The whole of Callan Park is a State Significant Heritage item. Council sought a meeting with Government on this issue and was advised in August 2016 by Senior Officers of the Office of Environment and Heritage (OEH) to investigate other potential sites within Callan Park, which may be suitable for such a facility. The investigations resulted in a site adjacent to the NSW Ambulance Centre Car Park (in the south of the park) being identified and recommended as the alternative site for this facility.

At the Meeting held on the 12^th October 2017 Council resolved as follows;

THAT Council:

1. Adopt a policy position in support of the establishment of a Callan Park Trust to govern the site and the implementation of the Callan Park Master Plan;

3. Write to the Premier and relevant Ministers;

a. Stating Council’s adopted positions in relation to Callan Park;

b. Seeking a meeting with the Minister for Environment and Heritage to discuss the future of Callan Park; and

5. Urgently meet with Balmain District football club to identify the maintenance works required and include details of this assessment in the report to Council.

Waterfront Drive Sporting Ground

Council is fully committed to the delivery of the Waterfront Oval Sporting Ground upgrade. This upgrade is conditional on the approval of an Integrated Development Application being approved for the sporting oval which includes the approval of sports training floodlights. The $2 Million dollar project is being fully funded from Section 94 funds. This funding support is conditional on Council being able to increase the overall capacity of use of the sporting ground. This project is orientated towards increasing community use of the sporting ground for both competition games, but more importantly to address key deficiencies in winter evening training needs. An increase in training capacity will allow Council to re-examine current sporting ground allocations in terms of training facilities for all outdoor sports within the Inner West. The upgrade of the Waterfront Sporting Ground may result in improved capacity at other sporting grounds to support local needs.

Council officers submitted an Integrated Development Application on the 30^th June 2017. The Development Application is currently being assessed by the Office of Environment and Heritage (OEH) as the Rozelle Hospital site, including landscaping, is listed on the State Heritage Register.

Given that Council is the applicant, the application is being assessed by an independent Planning Consultant. Council Assessments staffs have instructed this Planning Consultant to finalise an assessment report by late November in the aim of reporting the application to the Inner West Planning Panel meeting of 12 December 2017, however, consideration of the application at this meeting is subject to the OEH’s assessment being finalised and OEH providing general terms of approval.

Subject to a successful determination a license agreement over the Waterfront Sporting Grounds will be entered into between Council and Government. It is envisaged that subject to the execution of the license agreement, the initial first phase works of sports floodlighting installation works will be commenced in the first quarter of 2017. Subsequently the second phase of works, that of the sporting ground rebuild and pavilion upgrade works would commence in the fourth quarter of 2018.

Council has estimated that approximately $21,000 needs to spent in addition to the current works that are currently being undertaken for the playing surface to ensure that it is adequately maintained until such time as the playing field works are undertaken. At the time of writing this report Council hasn’t met with Balmain District Football Club and should there be any additional issues this will be tabled at the Council Meeting. A summary of the proposed upgrade costs are highlighted in Table 1.0

OEH have agreed to undertake the necessary maintenance works on Waterfront Drive until such time as a Licence Agreement is entered into by Council to maintain the playing field.

Table 1.0 Waterfront Drive Sporting Ground Spring Renovation and Maintenance Program

WEEK MONTH	DESCRIPTION	Cost
Oct/Nov	Field Preparation Works	$ 3,572.08
December	Monthly Renovation Program	$8,352.35
January	Monthly Renovation Program	$ 1,067
Feb/March	Monthly Renovation Program	$6,157.25
April/May	Monthly Renovation Program	$1,668
Total Cost		$20,816.68

Regional Skate Park

Following the unsuccessful determination of the previous development application for the regional skate park, Council has been in discussion with Government on an alternative location for this facility within the park. An alternative site has been identified and recommend by Council officers in the south of the site adjacent to the NSW Ambulance Centre car park. This site is close to the local bus stop, is highly visible and lies in an area of the park, which is highly modified in terms of its cultural significance.

In August 2017, Council staff undertook a site visit and presentation to the NSW Heritage Council on the proposed skate park and its alterative location within Callan Park. The NSW Heritage Council minutes form August 2017 indicate in principal support of this location “….as it is in an area of Callan Park that is a highly modified landscape of little significance and its location is visually isolated from its significant landscape spaces and landmark buildings (NSW Heritage Council Minutes August 2017).

The NSW Council has requested that Council prepare a landscape plan for the regional skate park, which is consistent with OEH’s Landscape Structure Plan. A Landscape Structure Plan for this area of the park is yet to be developed by OEH. Council officers are in discussion with OEH on the design requirements for the skate park landscape plan and the extent of detail which is required to support this plan. It is envisaged that works on a supporting landscape plan for the regional skate park will be completed in early January 2018 with a Development Application proposed to be lodged in March 2018. This is dependent however on OEH completing their landscape plan for this area of the park.

FINANCIAL IMPLICATIONS

A total of $2 million dollars has been set aside to deliver the Waterfront Drive Oval upgrade. A total of $906,000 has been set aside for the creation of the Regional Skate Park facility. Costs associated with both projects will need to be reviewed subject to their specific Development Application outcomes.

OTHER STAFF COMMENTS

Nil.

PUBLIC CONSULTATION

Nil.

CONCLUSION

The upgrade of the Waterfront Drive Sporting Ground represents a significant investment By Council in sporting infrastructure within the Inner West. There are significant deficiencies in open space provision especially in the area of training grounds. To address this need, a successful determination is required in development consent with regards to the provision of sports training lights. A final determination of the Waterfront Development Application is proposed to be made by the Inner West Independent Planning Panel on 12^th December 2017.

The provision of a regional skate park facility in Callan Park had the largest public support of all planning proposals contained in the 2011 Draft Master Plan for the park with 70% of online responses in favour of such a development. An identified alternative location for this facility within Callan Park has received in principal support from the NSW Heritage Council. Planning works are currently underway to finalise the development of an integrated development application for the regional skate park facility. Subject to the securing of landowners consent, it is envisaged that Council will submit a Development Application for the regional skate park in March 2018.

ATTACHMENTS

Nil.

Council Meeting

24 October 2017

Item No: C1017 Item 12

Subject: Councillor Representation on Committees

File Ref: 17/4718

Prepared By: Ian Naylor - Manager Governance and Administration

Authorised By: Tanya Whitmarsh - Group Manager Governance

SUMMARY

The purpose of this report is to determine Councillor Representation on Council and External Committees until September 2018.

RECOMMENDATION

THAT Council determine Councillor representation on Council and External Committees as detailed in this report.

BACKGROUND

Council may establish Committees to provide advice or exercise decision making functions of the Local Government Act. Councillors can attend these committees as observers or be appointed by Council as members of these committees and exercise voting rights. Councillors may also be appointed to represent Council on external committees. The responsibilities and operation of the external committees are set by the host organisation.

Currently, Council has three types of committees; Council committees, external committees and Strategic Reference Groups.

Council Committees

Council currently has three committees; the Local Traffic Committee, Flood Management Advisory Committee and Audit, Risk and Improvement Committee. The Charters of the Local Traffic Committee and Flood Management Advisory Committee are shown attached as Attachments 1 and 2 of this report. The Charter of the Audit, Risk and Improvement Committee is subject to a separate report, Item 38 on this Agenda. Shown below is a summary of each committee and the Councillor representation sought.

Name of Committee	Purpose	Meeting Time and Frequency	Reporting Framework	Councillor Representation
Audit, Risk and Improvement Committee	The purpose of the Committee is to provide independent assurance and assistance to Inner West Council in the effective discharge of its responsibilities for financial reporting, risk management, internal controls, governance and internal and external audit.	The committee meets four times a year with the location rotating between the three Service Centres.	Minutes of the Committee are reported to Council to note.	Two Councillors
Flood Management Advisory Committee	The Flood Management Advisory Committee assists Council in the preparation of floodplain management studies and plans for the Inner West local government area. The Committee acts as both a focus and forum for the discussion of technical, social, economic and environmental matters, and for the distillation of possibly differing viewpoints on these matters into a management plan.	The committee meets at least twice a year at the Petersham Service Centre at 6.30pm	Minutes of the Committee are reported to Council for adoption.	Up to Three Councillors
Local Traffic Committee	The Local Traffic Committee is primarily a technical review and advisory committee which considers the technical merits of proposals and ensures that current technical guidelines are considered. It provides recommendations to Council on traffic and parking control matters and on the provision of traffic control facilities and prescribed traffic control devices for which Council has delegated authority. The Committee also advises on traffic matters arising from development applications.	The Committee meets on the 1^st Thursday of each month at 10am with the location rotating between the three Service Centres.	Minutes of the Committee are reported to Council for adoption.	One Councillor and an alternate Councillor. *The nominated Councillor/s chairs the Meeting and has voting rights. In their absence, Council’s Group Manager Roads, Traffic & Stormwater or nominee performs the role of Chairperson and has voting rights.
Sydenham to Bankstown Working Group	To deal with issues arising from the State Government’s Metro Project and Sydenham to Bankstown Urban Renewal Corridor	To be determined	Prepare a report to Council within 3 months	Two Councillors

External Committees

Council is a member of a number of external organisations who have committees to discuss business relevant to their organisation. These organisations have requested representation on these committees by Councillors. Shown below is a summary of each committee and the Councillor representation sought.

Name of Committee	Purpose	Meeting Time and Frequency	Councillor Representation
ClubGrants	The objective of the Committee is to identify priority projects and services within the Inner West area for local registered clubs to consider funding.	TBC	TBC
Cooks River Alliance Board	The Cooks River Alliance is a partnership between councils in the Cooks River Catchment – Bayside, Canterbury-Bankstown, Inner West, and Strathfield. The Alliance uses the combined resources, experience, knowledge and skills within the councils and the community to address the complex environmental problems of the Cooks River.	Meetings are held quarterly and hosted by rotating member council facilities.	One Councillor and an alternate Councillor
Eastern Region Local Government Region of Aboriginal & Torres Strait Islander Forum (ERLGATSIF)	Established in 1998, the Forum aims to address and participate at a regional level in the affairs, events and celebrations that impact our local Aboriginal and Torres Strait Islander communities. The ERLGATSIF is a partnership between six Councils; Bayside, Inner West, Randwick, City of Sydney, Waverley and Woollahra.	Meetings are held on Fridays bi-monthly (usually on the 3rd Friday of every second month, commencing February) from 2-4pm.	One Councillor
Greenway Steering Committee	The GreenWay Steering Committee oversees the implementation of the GreenWay Master Plan and GreenWay Action Plan and generally work towards the goal of the establishment of the Cooks River to Iron Cove GreenWay.	Meetings are held at least 5 times per year from 4.30 to 6pm and hosted by rotating member council facilities.	Three Councillors
NSW Public Libraries Association	The NSW Public Libraries Association is the peak body for public libraries in NSW and advocates on behalf of the library sector to strengthen the public library network.	As required	One Councillor and an alternate Councillor
Parramatta River Catchment Group	The Parramatta River Catchment Group (PRCG) is a regional organisation of local councils, state agencies and community representatives whose aim is to work together to improve the health of the Parramatta River catchment.	Meetings are held quarterly on a Thursday commencing at 5.30pm with the locations rotating between different member agencies	One Councillor and an alternate Councillor
Southern Sydney Regional Organisation of Councils (SSROC)	SSROC is an association of 10 Sydney councils serving large and diverse communities that face all the challenges of metropolitan living. SSROC provides a forum for the councils to undertake resource sharing activities and deal with common issues, particularly those that cross boundaries.	Meetings are held quarterly, with the AGM in November, generally 1^st or 3^rd Thursday, 6.00 pm for 6.30 pm start	Two Councillors – currently The Mayor and Deputy Mayor (per SSROC requirements), as well as Two alternate Councillors.
Sydney Airport Community Forum	SACF is the main body for consultation on the Sydney Airport Long Term Operating Plan. The Forum includes representatives from the community, councils, industry, and State and Federal Parliaments.	As required	The Mayor (SACF requirement) and an alternate Councillor
Sydney Central Planning Panel	The Sydney Central Planning Panel has responsibility for: § determining ‘regionally significant’ development applications (DAs) and certain other DAs and modification applications § acting as the relevant planning authority (RPA) when directed § undertaking rezoning reviews § providing advice on other planning and development matters when requested	As required.	Council can nominate 2 members who can be councillors, staff or other persons nominated by the council. At least one member is to be a person who has expertise in at least one area of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism. Council may, from time to time, appoint a person to be the alternate of a member.
Sydney Coastal Council Group	The Sydney Coastals Group Inc. (SCCG) was established in 1989 to promote co-ordination between Member Councils on environmental issues relating to the sustainable management of the urban coastal environment. The Group consists of 11 Councils adjacent to Sydney marine and estuarine environments and associated waterways.	Meetings are held quarterly on a Saturday and hosted by rotating member council facilities.	2 Councillors and an alternate Councillor

FINANCIAL IMPLICATIONS

Nil.

OTHER STAFF COMMENTS

Nil.

PUBLIC CONSULTATION

Nil.

FINANCIAL IMPLICATIONS

Nil.

OTHER STAFF COMMENTS

Nil.

PUBLIC CONSULTATION

Nil.

CONCLUSION

Nil.

ATTACHMENTS

1.⇩	Delegation to Councils in relation to Local Traffic Committees
2.⇩	Flood Management Advisory Committee Terms of Reference

Council Meeting

24 October 2017

cid:iwc-new-logo_b9af43ef-3ffa-42e6-a178-2515967a5a88.jpg

Inner West Council

Flood Management Advisory Committee

Terms of Reference

August 2016

Title:

Flood Management Advisory Committee
Terms of Reference

Date of Issue:

29 September 2017

Date of Adoption:

23 August 2016

Version:

1.2

Contact Officer:

Group Manager Roads, Traffic & Stormwater

Main Legislative or Regulatory References:

Local Government Act NSW 1993; Local Government (General) Regulations NSW 2005; NSW Government’s Flood Prone Land Policy and the Floodplain Development Manual (2005).

Amendment History:

29/9/2017 Amended Contact Officer

Review Dates:

July 2020

1. ROLE

The Inner West Council Flood Management Advisory Committee is an advisory Committee established to assist Council in the preparation of floodplain management studies and plans for the Inner West local government area.

The Committee acts as both a focus and forum for the discussion of technical, social, economic and environmental matters, and for the distillation of possibly differing viewpoints on these matters into a management plan.

The Committee is established in accordance with the NSW Government’s Flood Prone Land Policy and the Floodplain Development Manual (2005).

2. OBJECTIVE

The principal objective of the Flood Management Advisory Committee is to assist the Council in the preparation of Floodplain Risk Management Plans for the Inner West Council local government area which will:

· Reduce the impact of flooding and flood liability on the community.

· Reduce private and public losses resulting from flooding.

· Recognise floodprone land as a valuable resource which should not be necessarily sterilised.

· Take into account social, economic, ecological and cultural factors.

3. FUNCTIONS/SCOPE

The function and scope of the Committee will include but not be limited to the following:

· To assist Council in the development of Flood Studies and Floodplain Risk Management Studies and Plans for the Inner West Council local government area.

· To provide a link between Council and the local community.

· To assist in the collection of necessary information.

· To identify objectives and strategies related to the improvement of the management of the floodplain.

· To monitor and review the implementation of flood planning in the Inner West Council local government area.

· To provide input into known flood behaviour as part of the flood study.

· To co-ordinate with catchment management boards, emergency management boards and other advisory bodies.

· To actively coordinate, promote and implement Floodplain Risk Management Plans through local planning processes, works programs and education campaigns seeking cooperation and encouraging community participation.

The Committee does not consider specific development issues proposals/applications but focuses on broader management issues, Council policies and strategies affecting flood prone lands.

4. MEMBERSHIP AND APPOINTMENTS

4.1 Membership of the Committee

The Committee comprises representatives from the local community, elected representatives of Council, representatives of various NSW State Government departments / authorities / corporations, Council staff, and specialist consultants as engaged by Council.

Membership on the Committee is voluntary and by invitation from Inner West Council. Council recognises committee members as valuable partners in the management of the floodplain.

The number of voting and non-voting members is outlined below. Membership can be altered at any time by Council resolution.

Voting Members
Representative	Number	Method of appointment
Elected representatives of Inner West Council	up to 3	As per Terms of Reference
Community Representatives	up to 8	As per Terms of Reference
NSW State Emergency Service	up to 2	Nominated by SES

Non-voting Technical Advisory Members
Representative	Number	Method of appointment
Inner West Council	up to 12	Relevant Engineering, Planning and Environment Staff
Sydney Water	1	Nominated by Sydney Water
Roads and Maritime Services	1	Nominated by RMS
NSW Office of Environment & Heritage	1	Nominated by OEH
NSW Department of Planning	1	Nominated by DPI
Sydney Catchment Authority	1	Nominated by SCA

Where other Councils or Government Agencies are impacted by a Flood study or Floodplain Risk Management Study and Plan being undertaken by Inner West Council, an officer from the relevant Council or Government Agencies shall be invited to be a Technical Advisory member of the committee.

Additional observers can be invited to committee meetings by the Committee at the Committee’s discretion.

4.2 Appointment of Chairperson and Deputy Chairpersons

Up to three elected representatives of Council may be members of the committee. The elected representatives of Council to serve on the committee shall be nominated by Council.

For the purposes of this charter the term “elected representatives” includes elected members of Council and, where there are no elected members of Council, persons that have been nominated by Council as members of Local Representation Advisory Committees.

The Chairperson and Deputy Chairpersons of the Committee shall be nominated by Council from the nominated elected representatives unless determined otherwise by Council.

If neither the Chairperson nor the Deputy Chairpersons of the Committee is able or willing to preside at a meeting of the Committee, the Committee may elect a member of the Committee to be acting chairperson of the Committee for that meeting.

4.3 Appointment of Community Representatives

Up to eight Community Representatives may be members of the committee, with a maximum of one member from each of the eight catchments.

Expressions of interest for Community Representatives will be called for at intervals as required. Advertising for expressions of interest will be on Council’s website and in a minimum of one local newspaper.

Expressions of interest must be in writing. Expressions of interest will be prioritised by relevant Council staff.

Recommendations for appointment to the Committee will be prioritised based on the following selection criteria:

· Residence or property ownership or business operator within Inner West LGA.

· Representation across all Council’s catchments.

· Knowledge of local catchment flooding issues.

· Commitment to represent the interests of the Inner West community concerning floodplain management issues.

· Ability to attend Committee meetings and public meetings within LGA as required.

· Ability to commit to a long term membership of the Committee.

· Preparedness to observe Council's Code of Conduct.

Successful applicants will be notified in writing and appointments of Community Representatives to the Committee will be reported to Council by the committee.

Community Representatives membership may be determined for up to two terms of Council (or remainder thereof).

Community Representatives shall serve on the Committee in a voluntary capacity.

4.4 Casual Vacancies

Any member of the Committee may, by giving notice in writing addressed to the Committee, resign his/her office as a member.

Membership on the Committee shall cease if:

· A member resigns in writing to the Committee;

· If a member (or representative) is absent without notification of absence for three (3) consecutive Committee meetings; or

· Upon resolution of Council to remove a member from the Committee.

In the event that a casual vacancy is caused by the resignation of a member, the Committee Facilitator will advise the Committee at its next meeting that a vacancy has arisen, and will provide a report to the next available Council meeting concerning a prospective replacement having regard to the following:

· If the member was nominated as a representative of an organisation, then the organisation shall be invited to nominate a replacement representative.

· If the member was nominated as a Community representative, then the Committee Facilitator will review original expressions of interest received and ascertain if any of the individuals who previously nominated are prepared to be considered as a member of the Committee.

· If there are no previous or current nominations then an expression of interest will be called.

· Should a vacancy occur within six (6) months of the end of term of the current Council, the vacancy will not be filled until the first term of the new Council.

5. RESPONSIBILITIES OF MEMBERS

5.1 Code of Conduct

Each member of the Committee will be bound by Inner West Council's Code of Conduct.

Each member of the Committee will be supplied with a copy of Council’s Code of Conduct, Charter and any related Policy applicable to the operation of the Committee.

The conduct of each Committee member will be consistent with the principles outlined in these documents.

5.2 Understanding and Contribution

Members of the Committee are expected to:

· Understand the relevant legislative and regulatory requirements appropriate to Inner West Council

· Contribute the time needed to study and understand the papers provided.

· Apply objectivity and good judgment.

· Express opinions frankly, ask questions that go to the fundamental core of issues.

· Members of the Committee are not permitted to speak to the media as a representative of the Committee unless approved by Council. General information with regard to purpose and objective of the Committee is available on Council’s website

5.3 Conflict of Interest

Committee members must declare any conflicts of interest at the start of each meeting or before discussion of a relevant agenda item or topic. Details of any conflicts of interest should be appropriately minuted.

Where members or invitees at Committee meetings are deemed to have a real or perceived conflict of interest, it may be appropriate they be excused from Committee deliberations on the issue where the conflict of interest may exist. The final arbiter of such a decision is the Chair of the Committee.

5.4 Role of the Chairperson

The Chairperson is responsible for:

· Preparing the agenda for the meeting with the assistance of the Committee Facilitator;

· Determining the most effective way of dealing with the issues raised and making the necessary arrangements to achieve this;

· Allocating times to be devoted to agenda items and ensuring that these times are observed;

· Opening the meeting and following the agenda;

· Encouraging all members of the Committee to express their point of view;

· Summarising the progress of the discussion and degree of consensus reached at the end of each agenda items, and confirming this with the Minute taker before moving on;

· Closing the meeting and confirming the date, time and place of the next meeting; and

· Liaising and reporting to the Council.

5.5 Committee Facilitator

The designated Committee Facilitator is the Director of major Projects and Engineering or their nominee.

The Committee Facilitator is responsible for:

· Establishing the meeting agenda in conjunction with the Chairperson;

· Ensuring the agenda and minutes are published;

· Ensuring that relevant matters are brought before the Committee; and

· Ensuring that the input and decisions of the Committee are incorporated into Council activities.

· Booking venues;

· Assisting in the preparation and distribution of the agenda;

· Taking accurate minutes in the format determined by the Committee; and

· Distributing the minutes.

6. MEETINGS

6.1 Frequency

It is anticipated that the Committee will meet at least two times in a calendar year. More regular meetings will be called as business demands and if there are pressing issues to be put forward to the Committee.

The meetings of the Committee are to be called by the Chairperson.

The proposed date, time, location and business to be transacted at each meeting will be notified to all members of the Committee at least seven days prior to the meeting.

6.2 Quorum

The quorum for a meeting of the Committee will be 50% of the current voting members.

6.3 Meeting procedures

The following procedures shall apply during meetings:

· Meetings of the Committee shall be conducted under the Council’s Code of Conduct.

· The Chairperson may call a special meeting if, in the Chairperson’s opinion, there are matters of urgency that require attention.

· The Committee may invite people to attend meetings to observe, make representation or provide expert or technical advice.

· Provision shall be made on each agenda for General Business to be raised at each meeting.

· The agenda for the meetings shall be issued on the week preceding the Committee meeting.

· Council’s role is to note the Committee’s Minutes and to consider recommendations made by the Committee. Such recommendations will be highlighted for the attention of Council.

· The minutes shall be drafted and distributed after each meeting to Committee members.

7. DELEGATION

The Committee is advisory in nature providing recommendations to Inner West Council. The Committee has not been delegated authority by Council. Any recommendations of the Committee must be ratified by resolution of Council and implemented by a member of Inner West Council staff with an appropriate delegation.

The Committee does not have any power to incur expenditure or to bind the Council to any decision upheld by the Committee.

8. SUB-COMMITTEES

The Committee may establish sub-committee(s) to work on particular matters in relation to its advisory role to the Council.

9. DISSOLUTION

The Committee may at any time be dissolved and disbanded by resolution of Council.

10. CHANGING OF THE TERMS OF REFERENCE

The Terms of Reference may only be amended by Council resolution.

Council Meeting

24 October 2017

Item No: C1017 Item 13

Subject: Outcomes from the evaluation of a trial off leash area at HJ Mahoney Reserve, Marrickville.

File Ref: 17/4718

Prepared By: Peter Montague - Coordinator Recreation, Planning and Programs

Authorised By: Peter Gainsford - Deputy General Manager Assets and Environment

SUMMARY

This report details the outcomes from the recent evaluation process undertaken to assess the trial of a dog off leash areas at HJ Mahoney Reserve in Marrickville.

RECOMMENDATION

THAT:

1. The trial dog off leash area at HJ Mahoney Reserve be made permanent;

2. That appropriate works including signage and relevant infrastructure are undertaken in the 2017/18 program of upgrades to dog off leash areas;

3. All residents who have provided feedback during the trial and evaluation process are notified of Council’s decision; and

4. The condition of the playing surface at HJ Mahoney Reserve continues to be monitored to assess the need for additional maintenance resource.

BACKGROUND

A total of 32,000 dogs are identified in the Inner West Council Local Government Area and it is anticipated that this number will increase over time.

Former Marrickville Council’s Recreation Policy and Strategy (2013) states that:

“Council actively promotes responsible pet ownership, recognises the value of pet ownership in contributing to community well-being, and acknowledges that providing public spaces to exercise pets is essential. Council’s approach to equitable access to parks for people with pets is based on:

§ safe and shared use of Council’s parks and open space;

§ the development of facilities to meet the needs of residents and their pets; and

§ ongoing management of pet access in parks and open space.”

In recent years Council has conducted off leash trials at a number of parks resulting in the development of ten additional permanent dog off leash areas (DOLAs) and amendments to permitted off leash hours at two existing areas.

Council received representations from former Marrickville Councillor Barbar (including a petition) and the State Member for Summer Hill in May 2016 requesting consideration of a shared use DOLA on the sportsground at HJ Mahoney Reserve when not in use for organised sport.

At this time, the former Marrickville Council had endorsed the Cooks River Parklands Plans of Management and Master Plans for public exhibition. The draft plans proposed the trial of a pilot DOLA at HJ Mahoney Reserve. Following the adoption of the Cooks River Parklands Plans of Management and Master Plans in September 2016, arrangements were made and a trial DOLA commenced at HJ Mahoney Reserve in October 2016. The trial was run in concert with three other trial DOLAs but extended into the winter sports season in order to incorporate feedback from seasonal sports users.

The objectives of the trial were to:

§ inform Council’s decision making on the future of dog off leash areas (DOLAs) by investigating and measuring community attitudes;

§ identify issues arising from the trial for Council to investigate / address;

§ record compliance issues for future policy making purposes;

§ educate park users on ways to share the spaces; and

§ encourage the community to create their own solutions to park sharing issues.

HJ Mahoney Reserve is located in South Marrickville close to the southern border of the Inner West Local Government Area.

Community Engagement

The community was encouraged to provide feedback throughout the trial and an evaluation process was conducted at the trials’ conclusion. Specifically, the community engagement undertaken comprised:

§ letterbox drop to residents adjacent to the location informing them of the trial;

§ Council Column notice;

§ media releases;

§ information on Council’s website;

§ development and installation of DOLA signage;

§ a designated email address for the park was set up for feedback during the duration of the trial; and

§ the installation of additional bins and bags.

Evaluation of the trial included:

§ an evaluation survey on Your Say Inner West;

§ letterbox drop to residents adjacent to the location informing them of the evaluation process;

§ feedback from the designated email address set up for the duration of the trial;

§ targeted engagement with sporting users of HJ Mahoney Reserve; and

§ promoting awareness of the evaluation through media release and YourSay.

In order to identify dog owners from other park users, survey respondents were initially asked if they visited the park to exercise their dog. They were then they were asked for their level of support for making the trial arrangements permanent as follows:

§ supportive;

§ somewhat supportive;

§ neutral;

§ somewhat opposed; or

§ opposed.

The opportunity was also given to add further comment / feedback on the trial.

Overall level of response

A total of 37 communications were received during the trial and evaluation period. Thirty six people participated in the evaluation survey through August 2017 and one (1) email was received through the designated email address set up for the trial.

Monitoring

Council Rangers conducted a total of 59 patrols at HJ Mahoney Reserve during the trial period, with 14 verbal warnings issued for breaches relating to straying outside the designated area.

Online Survey - a total of 36 people provided feedback in response to the online evaluation survey for HJ Mahoney Reserve. The following tables summarise this feedback from dog owners (75% of respondents) and non-dog owners (25% of respondents).

HJ Mahoney Reserve Dog Users
Feedback	Total	%
supportive	27	100
somewhat supportive	0	0
neutral	0	0
somewhat opposed	0	0
opposed	0	0
Total	27

HJ Mahoney Reserve Non-Dog Users
Feedback	Total	%
supportive	4	44.5
somewhat supportive	1	11
neutral	0	0
somewhat opposed	0	0
opposed	4	44.5
Total	9

Email - the designated email address received one (1) email throughout the trial requesting clarification of the nearby golf course and did not express supportive or opposition to the DOLA trial.

Sports Users

AFL NSW/ACT and Sydney Women’s Baseball League both use HJ Mahoney during the winter season and were contacted to provide feedback as part of the evaluation. AFL NSW/ACT expressed their preference that HJ Mahoney remain on leash only but that they had not received any feedback from any of their teams who used the facility throughout the 2017 winter season. No response has been received from Sydney Women’s Baseball League at the time of writing.

Maintenance

Council’s maintenance staff from Trees Parks and Sportsfields provided a supply of sand on site to assist dog owners and sports users in the event that areas of the field needed filling to make safe for use. Maintenance staff did not indicate any other substantial additional maintenance requirements as a result of the trial. It is proposed that the playing surface continues to be monitored to determine the need any further maintenance resource as a result of the additional use.

Merit – Nil merits were received during the trial period.

The most consistently raised issue by dog and non-dog owners was dog waste. All responses from the evaluation and email throughout the trial at HJ Mahoney Reserve are included at Attachments 1 and 2.

CONCLUSION

There was overwhelming support among dog owners as well as majority support from non-dog owners to make the trial arrangements permanent.

The trial has demonstrated the evident need for an off leash dog area in the locality and given the level of support expressed through the evaluation process and the absence of significant impact on seasonal sports users, it is proposed that the trial off leash area at HJ Mahoney Reserve is made permanent.

ATTACHMENTS

1.⇩	Attachment 1 - Dog Owner Feedback Schedule - HJ Mahoney Reserve
2.⇩	Attachment 2 - Non-Dog Owner Feedback Schedule - HJ Mahoney Reserve

Council Meeting

24 October 2017

Item No: C1017 Item 17

Subject: Options Paper: Short-term Holiday Letting in NSW including Airbnb

File Ref: 17/4718

Prepared By: Steve Roseland - Senior Strategic Planner

Authorised By: Gill Dawson - Group Manager Strategic Planning

SUMMARY

The NSW Government’s response to the Parliamentary Inquiry into the regulation of short-term holiday letting, including Airbnb, supported putting in place a regulatory framework. The Options Paper currently on exhibition presents a range of approaches which aim not to stifle economic benefits and opportunities while managing the communities concerns and potential adverse amenity impacts arising from this land use.

RECOMMENDATION

THAT Council:

1. Receive and note this report and attachments;

2. Forward a submission to the Department of Planning and Environment requesting that a framework be drafted detailing how the regulation of short-term holiday letting is to be administered including:

a. the Standard Instrument Local Environmental Plan (LEP) legislation be amended to include a new land use definition for ‘short term rental accommodation’ with set parameters concerning the potential adverse impacts of activities connected with that use allowing for compliance certification and enforcement action where required;

b. the requirement for either a complying development certificate or development application to allow for compliance to be assessed and conditions of approval enforced depending on the parameters set by the Department of Planning in future legislation;

c. a registration/licencing system should be developed and implemented by a government agency for all properties which fall within the parameters of the new legislation to allow for ongoing monitoring;

d. amendments to NSW strata laws be drafted giving owners corporation’s powers to manage and respond where there is no compliance with certification, consent or registration requirements allowing strata corporations to take a greater role and see less recurrence of adverse impacts.

BACKGROUND

In 2015/16 a Parliamentary Inquiry was conducted into the adequacy of the regulation of short-term holiday letting in NSW by the Legislative Assembly Committee on Environment and Planning.

Council officers reviewed the available material and the former Leichhardt Council’s submission (see Attachment 1) included the following recommendations:

1. The Standard Instrument LEP template should include a new definition for ‘short-term rental accommodation’ that addresses the impacts of this land use on neighbourhood noise, pollution, car parking and other adverse amenity issues allowing the consent authority a basis for refusal or implementing conditions of approval.

2. Strata Title legislation should be amended to allow strata corporations and their members (both existing and future owners) to prohibit or allow short term rentals as a land use in buildings on a site by site basis.

3. Affordable Rental Housing SEPP to incorporate policy changes making it difficult for affordable housing owners to convert their properties into short-term holiday accommodation.

4. If short-term letting/Airbnb is permitted the Local Government Act 1993 and Regulations should be amended to allow for a different rating formula to be imposed upon those properties being used for a commercial purpose to be consistent with how motels/hotels/serviced apartments are required to contribute through payment of Council rates.

FINANCIAL IMPLICATIONS

Nil.

OPTIONS PAPER: SHORT-TERM HOLIDAY LETTING IN NSW (July 2017)

The NSW Government aims to develop a framework to control the short-term holiday rental industry which has expanded rapidly across the state, especially in Sydney. For example Airbnb has gradually become the recognised leader for visitor accommodation of this type with over 42,000 listings in NSW.

The Options Paper (see Attachment 2) seeks to clarify regulation around this land uses while needing to address the concerns of building owners and disrupted neighbours.

POTENTIAL OPTIONS

Industry Self-Regulation

The approach of the NSW government has been to allow for the industry to self-regulate as much as possible and if effective, result in a reduced need for government intervention.

· Code of Conduct

The Holiday Rental Code of Conduct was originally adopted by NSW in 2012 and revised as a national code in 2015 with the key objective of encouraging acceptable standards of behaviour for holiday rental guests. The Parliamentary Inquiry found the focus of the Code to be too narrow with confusion surrounding its legal status, however, if strengthened could form a part of a new compliance system.

· Complaints Management

The Options Paper does advocate for a responsive and transparent complaint management system which does appear to favour industry self-regulation conflicting with the respondents to the Parliamentary Inquiry who wanted to see oversight by a government agency.

Including the land use within the NSW Planning system reinforced and supported by a registration/licencing scheme that would allow for efficient and consistent enforcement and regulation.

· Education

The Options Paper highlights that a self-regulatory approach taken by the short-term holiday industry could better inform users and hosts as to better managing the impacts of their operation, thereby reducing potential for conflict with neighbours and the local community.

The feedback from the Parliamentary Inquiry was that the respondents favoured a government agency to oversee regulation of the industry.

· Monitoring and Reporting

Much of the reporting on the growing use of short-term holiday letting including Airbnb has focussed on negative amenity impacts and security issues in a relatively small number of cases.

The Options Paper affirms that information on the growth of Airbnb and other online letting platforms in NSW and its impacts on the community should be made publicly available to inform the future regulatory management of the industry.

Strata Regulation

· By-laws to prohibit Short-Term Holiday Letting

The NSW Legislative Committee found that short-term holiday letting in strata schemes should be managed through amendments to strata laws to enable owners’ corporations to address any adverse impacts rather than totally prohibiting the land use. The need for appropriate and legally enforceable regulation is recognised. A recent ruling by the NSW Civil Administration Tribunal that by-laws, even when they reflect Council zoning a building/area residential only, are secondary to the strata law principle that they cannot prohibit or restrict the operation of a lot.

The NSW government has received many submissions regarding this matter. Some stakeholders argue that enabling owners’ corporations to prohibit or restrict Airbnb and other short-term letting options in their strata schemes is an impingement on the property rights of owners. The recent Tribunal ruling appears to support this view.

On the other hand, there remains a strong desire by some owners’ corporations to have the ability to prohibit short-term holiday letting in their schemes. Advocates for this position argue that short-term letting has a significant impact on apartment buildings and on apartment residents, on areas such as amenity, strata costs and individual safety.

The Strata Schemes Management Act 2015 prohibits by-laws that restrict the rights of owners in using their lots. To reflect community sentiment and allow for transparent and consistent compliance and enforcement it is appropriate to review the existing legislation and incorporate legal mechanisms that regulate this rapidly changing land use.

· By-laws to receive compensation for adverse effects

The rapid growth in online platforms such as Airbnb offering short-term holiday letting options has outpaced regulation and current legislation does not adequately reflect community concerns and allow for redress when negative impacts occur. Outright prohibition of the land use will not likely address all issues of concern and may result in significant negative economic impacts for both the tourist sector and local retail and hospitality businesses. Taking this into account the Options Paper moves more towards strata law provisions that will address the impacts of short-term holiday letting. To achieve this the NSW government is considering amendments to strata laws giving owners’ corporations additional powers.

Similar to draft legislation prepared in Victoria the possible strata law amendments are as follows:

- make lot owner/ occupants jointly liable for the conduct of occupants, unless owners had taken reasonable steps to prevent conduct breaching by-laws or causing a nuisance or hazard

- streamline and simplify enforcement processes for breaching by-laws or causing a nuisance or hazard

- allow owners’ corporations to apply to the Tribunal for an order to require owners to pay increased contributions to the administrative or capital works funds due to additional pressures on shared facilities owned by strata corporation

- enable the Tribunal to make orders requiring cessation of conduct breaching by-laws, payment for compensation, imposition of a civil penalty or ceasing to use the relevant lot for short-term holiday letting for a specified period (not a total ban).

Planning Regulation

The NSW Legislative Committee recommended using planning instruments to regulate short-term holiday letting.

· Development Approval – Exempt and Complying

Allowing for short-term holiday letting and Airbnb to fall within exempt development under the NSW Planning system will likely result in the unregulated operations currently underway. This also limits Councils ability to take enforcement action when required, as standards of compliance and parameters are not set.

The NSW Legislative Committee tended to favour a lighter touch in regulation which would most likely be short-term holiday letting being defined as complying development within the planning regulatory framework. This would allow Councils to investigate ongoing issues of non-compliance, set standards and take enforcement action when required.

If complying development certificates are required this could result in additional costs on short-term letting operators and users. This approach could also result in additional costs to Council through ongoing monitoring processes required to enforce the regulation to minimise adverse amenity impacts.

· Development Approval – Development Consent

Requiring a full development application will require a full merit assessment undertaken against a range of state and local planning provisions with all relevant plans and information provided by applicants.

This approach would take longer and cost more for all involved.

· Limit the length of stay

Introducing controls which limit the length of stay tend to focus on a designated minimum period, attempting to reduce or eliminate the adverse impacts associated with very short stays, typically weekends. This is possibly the most effective option if the desired outcome is not to outlaw the land use, while reducing negative amenity impacts. Depending on the set period if implemented would likely see significant reduction in dwellings for let on platforms such as Airbnb, although effectiveness is dependent upon constant policing and enforcement of the policy.

Setting a maximum length for each stay could see the land use beginning to fall within the parameters of a common tenancy agreement better dealt with by other legislation.

· Limit the number of days per year

Placing a limit on the total days per year that a dwelling can be made available attempts to limit the adverse impacts of the short-term holiday letting land use to a defined period and therefore retain the primary use as a long-term residential dwelling.

There are risks with this approach. If the number of days allowed per years is set too high, the income generated through holiday letting may compromise the need for long-term residential use the rest of the year, potentially resulting in lower occupancy for long periods with ongoing effects upon social cohesion and social services including schooling and health facilities. Conversely a restrictive limit on allowable letting days could stifle demand for short-term holiday letting dwellings.

The increasing number of nights spent in short-term holiday rentals has the potential to significantly impact upon the business of traditional accommodation operators such as hotels including job provision and ongoing investment / operation. This would occur to an even higher degree during busy periods for operators such as Airbnb, for example during the approximately 90 days of school holidays each year in NSW.

· Limit the number of bedrooms

Some NSW Councils have attempted to place a limit on the number of bedrooms available for lease, the idea being you would reduce the likelihood of large groups, ‘party’ houses and the potentially adverse amenity impacts associated with clustering.

This mechanism does not however limit the number of potential occupants and therefore may not have the intended affect.

· Regulate by whether the host is present when Short-Term Holiday Letting occurs

The NSW Legislative Committee recommended that short-term letting of rooms in any property where the landlord or host is present be permitted as exempt development. This would reflect a land use more consistent with a traditional bed and breakfast.

Some evidence suggests that there is less chance for, and lower adverse amenity impacts, as the owner monitors and can regulate guest behaviour.

Potentially requiring the host to be resident at the time of letting does not conform to the Airbnb model and would require constant monitoring to ensure compliance and allow for enforcement where necessary.

Registration

The NSW Legislative Committee found that the concept of a registration system hosted by a government agency rather than an industry body was supported by most of the stakeholders, including residents in strata buildings. This registration system would only be available to those operators who have also signed up to a mandatory code of conduct.

· Registration required to manage safety and amenity issues

Registration and licencing would provide greater clarity, consistency and general information for users, operators and owners. By requiring operators to comply with guidelines before a licence is issued and regularly update registration this shall allow the relevant monitoring and enforcement agency, be it NSW Government or Council, to take action when necessary to uphold standards and public safety.

A registration system also allows for a review of the operator at some pre-determined stage which will aid in not only monitoring compliance but facilitate strata corporation review, if necessary, to ensure that operations do not run indefinitely or that they are prohibited forever, giving an opportunity for new owners to provide input into decision-making.

· Registration required to monitor that other regulatory approaches (eg. number of days, number of properties) are being met

A registration/licencing system for short-term holiday letting enables the relevant authority to monitor impacts over time and respond accordingly. For example, if operators are having an impact in an area on low rental availability and affordable housing for key workers or negative amenity is identified, the terms of the registration could be altered or licence terminated.

It should be noted that while registration of short-term holiday letting / Airbnb addresses many issues, including regulating number of nights a year, number of occupants and whether the host needs to be resident where a registration/licencing system is in place, the Paper identifies that it is undertaken within the established planning system requirements. This suggests that a registration system is meant to compliment and supplement the inclusion of the land use ‘short-term holiday letting’ within the NSW planning system to require either a complying development certification or a development application.

PUBLIC CONSULTATION

The Department of Planning and Environment have requested any submissions and comments on the Options Paper be submitted by 31 October 2017.

CONCLUSION

The Parliamentary Inquiry and now Options Paper both recognise and acknowledge that there is a degree of angst amongst sections of the community about the dramatic increase in short-term holiday letting options within their neighbourhoods and suburbs that is largely unregulated by authorities with little transparency and consistency in matters of compliance and enforcement.

The various options presented aim to offer a balance between the need for regulation to assuage community concerns and provide legal avenues for compliance and enforcement with not wishing to stifle economic opportunities which negatively impact upon the tourist sector, local retail and hospitality businesses and associated jobs and investment.

While the NSW government tends to favour a self-regulatory approach, its own Inquiry acknowledges that various stakeholders, including Councils and the community, would like to see a government agency take charge with responsibility of the short-term holiday letting sector.

To achieve the stated objective of developing an effective framework regulating the sector the NSW government will need to take on board various options highlighted in the Paper. Intertwining legal mechanisms with supporting registration and licencing and a balanced involvement of strata corporations within set boundaries will allow many options to work in concert, delivering on the expectations of owners, operators and neighbours.

As per Council’s previous submission to the Inquiry, it is recommended that the Standard Instrument Local Environmental Plan (LEP) legislation should be amended to include a new land use definition for ‘short term rental accommodation’ which includes qualifications concerning the potential adverse impacts of activities connected with that use allowing for compliance certification and enforcement action where required.

Depending on the parameters set by the Department of Planning in future legislation, either a complying development certificate or development application will be required to allow for compliance to be assessed and conditions of approval enforced.

A registration/licencing system should be developed and implemented by a government agency for all properties which fall within the parameters of the new legislation. This registration will require all owners/operators to sign up to a mandatory code of conduct. The system will also allow the relevant authority to monitor impacts over time and respond accordingly, such as housing stock available within an area for long-term rental accommodation and any conflict caused if short-term holiday letting continues to increase and reach saturation in specific inner-city suburbs. A registration system is meant to compliment and supplement the inclusion of the land use ‘short-term holiday letting’ within the NSW planning system allowing regulation, such as number of nights a year, number of occupants and whether the host needs to be resident, to be enforced. The registration/licencing system should also clearly define when a property is being used for a commercial purpose which negates the objectives of the residential zone and its use for residential purposes triggering a review allowing for adjustments in rates if required.

To allow owners and occupiers who are directly affected by any adverse impacts arising from a short-term holiday letting land use amendments to NSW strata laws should be drafted giving owners corporation’s powers to manage and respond where there is no compliance with certification, consent or registration requirements. This will allow strata corporations to take a greater role and see less recurrence of detrimental impacts.

ATTACHMENTS

1.⇩	Council's previous submission (Nov 2015)
2.⇩	Options Paper: Short-Term Holiday Letting in NSW

Council Meeting

24 October 2017

Item No: C1017 Item 29

Subject: Notice of Motion: Council to Enter Cities Power Partnership with the Climate Council and Prepare Report

File Ref: 17/4718

From: Councillor Tom Kiat

Motion:

THAT:

1. Council participate in the Climate Council’s Cities Power Partnership (Partnership ) by expressing its interest to participate in the next available intake of councils to the Partnership.

2. Council, in collaboration with relevant stakeholders including local community groups, other participating councils, organisations including the Southern Sydney Regional Organisation of Councils & the Climate Council, produce a draft report by January 2018 to assess strategic projects and actions (Key Actions) Council may undertake within the Partnership (Report).

3. That Council’s Report identify and assess possible Key Actions which address the following priorities (Priorities):

A. Reducing power prices for Inner West residents (including tenants),

ratepayers and Council;

B. Rapidly transitioning to carbon neutrality and a clean energy future; and

C. Efficient use of Council finances through investment in cost cutting energy efficiency measures and revenue generating renewable energy assets.

4. That Council’s Report include assessment of the following proposed Key Actions

(Proposed Key Actions ):

A. Council to become 100% carbon neutral by 2020;

B. All Council buildings to be assessed for suitability of rooftop solar PV;

C. Council to increase uptake of rooftop solar in the Inner West by using solar bulk buys, Council-backed lease finance arrangements and streamlined development approvals to offer residents (including tenants/rental properties), commercial properties, and community organisations low or zero upfront cost solar installations;

D. Council to invest in Council/community large-scale owned renewable energy assets (e.g. solar farms) within the Inner West and within regional areas participating in the Partnership;

E. Council to provide community grants to community organisations to invest in projects to reduce power costs and carbon footprint;

F. Council to prepare for and facilitate transition to electric vehicles through

installation of network of charging stations and Council fleet procurement, and through review of relevant provisions of the Development Control Plan;

G. Council to prepare feasibility study on operation of Council owned electric

share vehicles; and

H. Council to achieve 100% divestment from fossil fuel by 2020.

Summary

This motion empowers our local community to take control on three interlinked crises facing

the Inner West: rising power bills, energy insecurity, and climate emergency. By entering into

the Cities Power Partnership, Council can knowledge share with other participating local

councils and the Climate Council to deliver lower power prices, stability and certainty, and a

rapid transition to a clean energy future for our community.

In summary, the recommendation is to enter into a partnership with the Climate Council and

to prepare a report.

Background

In July 2017, the Climate Council launched the Partnership. 35 local councils entered the

Partnership, representing around 3 million Australians. The Partnership allows councils to

partner with the Climate Council and other participating local councils ( Power Partners ) to

share knowledge, expertise, and strategic direction, in order to take local leadership to

address our energy crisis.

It has always been important that councils pursue the twin goals of energy efficiency and

reducing carbon emissions. With utter inaction at higher levels of government, despite

overwhelming community support for investment in renewables, it is imperative that councils

take a leadership role to tackle rising power prices and carbon emissions, as well as the

instability in the electricity market and renewables sector. The Environment Strategic

Reference Group ( SRG ) in its draft submission to the Community Strategic Plan ( CSP ),

enclosed , set a vision that included “100% renewable energy for council and community”

and a “transition to clean and renewable energy for all transport options.”

Council is already involved in knowledge sharing in this space through the SSROC

Renewable Energy Master Plan 2013 ( Renewable Master Plan ), enclosed , and the Our

Energy Future initiative. The Partnership builds on this collaborative approach to renewable

energy and provides a framework for Council to prioritize actions identified in the Renewable

Master Plan.

The Renewable Master Plan estimated that almost 60% of the energy demand in SSROC,

covering 1.6 million people, could be met by renewables, and that solar PV represented the

greatest opportunity to increase renewable energy capacity. Accordingly, a focus of this

motion is to increase the uptake of solar PV in the Inner West in a way that is financially

responsible for participants, including Council.

The leadership already taken by Council (and previously, Marricville, Leichhardt and Ashfield

Councils) on renewables and climate action is consistent with the thesis of the enclosed

Climate Council’s 2017 report titled “Local Leadership: Tracking Local Government Progress

on Climate Action.” The report demonstrates the power of local government to deliver

renewables solutions that lower the cost of living for residents. The report highlights (p. 35)

the pioneering example of the City of Darebin’s Solar Saver program which has delivered

solar PV to around 500 properties (many pensioners and low income) at zero up-front cost,

with zero interest loans, with most residents achieving a net saving of $100 per year after

loan repayments. Shoalhaven City in NSW is already looking to implement a similar

program. Both councils are Power Partners. By sharing knowledge and learnings from

across Australia’s local government landscape, Council can participate in and contribute to

the local leadership that is delivering carbon and cost of living savings.

Item 1. How does the Partnership work?

By becoming a Power Partner, Council obtains access to the extensive specialist expertise

shared by the Climate Council and existing Power Partners. Council then has six months to

select five key actions within the areas of renewable energy, energy efficiency, transport and

advocacy . The Climate Council has prepared a summary briefing for Councils, enclosed ,

which contains options and real-world examples within these areas at Appendix A and B

respectively.

As Council works toward its key actions, the Climate Council continues to support Council

including by providing access to its knowledge hub, including domestic and international

experts and facilitation of knowledge sharing with other Power Partners. Council is also

buddied with two other Power Partners for strategic sharing of knowledge.

The Partnership also provides Council with free access to Power Analytics, a technical tool

used for modelling the carbon emission reductions associated with a project, and sharing the

results with other Partners. This helps ensure Council initiatives are geared toward the most

efficient emission reductions.

The Partnership has no membership cost and the self-reporting requirements are not

onerous. The first intake of Power Partners in July 2017 saw 35 local councils join the

Partnership. A further 35 councils will be accepted in the second round intake, beginning

mid-October.

Item 2. What is the purpose of Council’s Report

In order to select five or more Key Actions, Council will collaborate with the Climate

Council to prepare a Report for the consideration of the Inner West community and

Councillors. This Report will review past and current initiatives of Council that may

qualify or be developed into Key Actions. The Report will also identify and assess a

range of Key Actions which could be adopted by Council.

Item 3. What are the priorities of Council in the Partnership?

The Report and Council’s participation in the Partnership should reflect the priorities of

the Inner West community, including as expressed in the Environment SRG draft

submission to the CSP.

The threefold priorities identified for the Partnership are:

a. Reducing power prices for Inner West residents (including tenants), ratepayers and

Council.

b. Rapidly transitioning to carbon neutrality and a clean energy future

c. Efficient use of Council finances through investment in cost cutting energy efficiency

measures and revenue generating renewable energy assets

These priorities will drive Report’s identification and assessment of possible Key Actions.

The aim is to have options that will cut Council costs and increase Council revenue,

lower the bills of ratepayers and aid the rapid transition of the Inner West to a carbon

neutral, renewable energy future.

Item 4. What are some examples of Key Actions we could take in the Inner West

As well as identifying possible Key Actions driven by the Priorities, the Report will give

robust assessment of the Proposed Key Actions. Some of these Proposed Key Actions

have already received attention through the Renewable Master Plan, and/or are being

implemented by other Councils. Further explanatory detail is given below.

	Proposed Key Actions	Comment
A.	Council to become carbon neutral by 2020	Carbon neutrality could be achieved through a combination renewable energy projects, efficiency gains, carbon sinks (e.g. trees) and carbon offsets. SSROC is presently tendering for a power purchase agreement to provide a minimum of 20% of its electricity from renewable energy.
B.	All Council buildings to be assessed for suitability of rooftop solar	This was assessed and recommended by the Renewable Master Plan. Leichhardt Council installed solar systems on a number of its buildings. This should be extended to all Council buildings where possible, including in the other two council areas.
C	Council to increase uptake of rooftop solar in the Inner West by using solar bulk buys, Council-backed long term finance arrangements and streamlined development approvals to offer residents (including tenants/rental properties), businesses, and community organisations low or zero upfront cost solar installations	The Renewable Master Plan highlighted solar bulk-buys and innovative finance arrangements (e.g. solar leasing, power purchase agreements, environmental upgrade agreements) as a key to overcoming the high upfront cost of solar systems as a barrier to uptake. As solar can pay itself off within 5-10 years, and thereafter reduce the cost of living for decades, Council can increase access to solar by first reducing the purchase price through bulk buys, and second by introducing 5-10 year low interest loans or similar financial arrangements, whereby the repayment costs are met by the reduction in electricity costs to the occupant. For example, in 2014, Darebin Council assisted hundreds of pensioner households install solar panels at zero upfront cost. These residents are paying off their systems, interest-free, through their Council rates. Most made an immediate net saving of $100 per year by participating in the program. The Climate Council is currently working with Shoalhaven Council to develop a similar scheme, which will be appropriately tailored to NSW specific regulations. Both Shoalhaven City Council and the City of Darebin are Power Partners. The Environment SRG draft submission to the CSP identified as a key outcome, “Increased proportion of low income households with renewables [and] reduced power bills.” The benefit of having Council as the proponent of this initiative, rather than private sector operators, is increasing participant trust in the system and reducing cost to participants, in order to maximise accessibility. Council could become a trusted one-stop-shop for rooftop solar, including assessment, approval, bulk-buy discounts and finance, and on this basis actively approach residents and businesses with roofs likely to be able to host solar.
D.	Council to invest in Council and/or community owned large-scale renewable energy assets (e.g. solar farms) within the Inner West and within regional areas participating in the Partnership	Assessed and recommended as a priority option by the Renewable Master Plan. Lismore Council has successfully completed two council/community solar farms, in collaboration with not-for-profit solar firm Farming the Sun. The City of Sydney and local community investment supported the Sydney Renewable Power Company to build Australia’s largest CBD solar array on the new International Convention Centre. Uncovered car parks across the Inner West could be investigated for use as urban solar farms, using joint Council and community investment.
E.	Council to provide community grants or zero-interest loans to community organisations to invest in projects to reduce power costs and carbon footprint	The Renewable Master Plan recommended Council assist community solar projects as a priority action. Further research should investigate how such projects, including but not limited to solar, might be kick-started through Council grants or zero-interest loans.
F.	Council to prepare for and facilitate transition to electric vehicles through installation of network of charging stations and Council fleet procurement, and through review of relevant provisions of the Development Control Plan	The Environment SRG draft submission to the CSP identified the transition to electric vehicles as a priority for the Inner West and Council. Council can directly assist this transition through investment in charging stations and its own fleet. It is also appropriate for Council to consider possible changes to the DCP that may be required in order to facilitate the transition to electric vehicles (e.g. consideration of whether new buildings should have, or be able to have, electric charging facilities in parking bays)
G.	Council to prepare feasibility study on operation of Council owned electric share vehicles	The proposal seeks the Report to address whether Council should undertake feasibility study in relation to Council involvement in share electric vehicles.
H.	Council to achieve 100% divestment from fossil fuel by 2020	Council commitment to divestment from fossil fuels was achieved by Leichhardt and Marrickville Councils, and some degree of divestment is already achieved. While there are legislative restrictions on how Council can manage its investment portfolio, these have been addressed in existing divestment strategies (see report received and noted by Marrickville Council on 25 November 2014). It is appropriate that Council now take steps to set a deadline for 100% divestment.

ATTACHMENTS

1.⇩	Climate Council 2017, "Cities Power Partnership: Information for Councils"
2.⇩	Environment Strategic Reference Group Draft Submission to the Community Strategic Plan
3.⇩	South Sydney Region of Councils 2013, Renewable Energy Master Plan
4.⇩	Climate Council 2017, Local Leadership Tracking Local Government Progress on Climate Action
5.⇩	Marrickville Council Meeting 25 November 2014, Item 11, Divestment of fossil fuels - Council Investments including Marrickville Council Investment Strategy Analysis - Exlcuding Fossil Fuel Aligned ADIs

Council Meeting

24 October 2017

Audit Risk & Improvement Committee

Charter

DOCUMENT PROFILE

Title	Audit Risk & Improvement Committee Charter
Summary	The Charter provides for the operating framework of the ARIC
Background	The IWC ARIC commenced in September 2017, and this Charter was adopted at its first meeting
Document Type	Charter
Version Control	See last page

Document:	Charter	*Uncontrolled Copy When Printed*
Custodian:	Policy and Risk Services Manager	Version #	Version 1.1
Approved By:	Group Manager Governance	TRIM Ref #	17 45440
Adopted By:	Audit Risk & Improvement Committee	Publish Location	ProMapp
Adopted Date and Minute #:	Cl Sept 16/ARIC 7 Sept 17 - RIS0917 Item 1	Next Review Date	July 2018

1.PURPOSE

1.1 Special Committee of Council

The Audit Risk & Improvement Committee (‘the Committee’) is a special committee of Council that acts as an advisory body to the Council and has no executive powers, except those expressly provided by the Council.

1.2 Purpose of the Audit Risk & Improvement Committee

The purpose of the Committee is to provide independent assurance and assistance to Inner West Council in the effective discharge of its responsibilities for financial reporting, risk management, internal controls, governance and internal and external audit.

1.3 Exercise of authority and access

The Council authorises the Committee, within the scope of its role and responsibilities to:

a) Obtain any information it reasonably requires from the General Manager or external party (subject to legal obligations to protect information)

b) Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations)

c) Request, through the General Manager, attendance of any employee or councillor at Committee meetings

d) Initiate special investigations in relation to matters set out in this Charter

e) Obtain independent professional or legal advice or other professional advice considered necessary to assist in the proper exercise of its responsibilities.

2. COMPOSITION

2.1 Membership

The Committee will consist of:

Members (voting)

- Independent member who is appointed as Chair

- Two (2) additional independent members *

- Two (2) sitting councillors, excluding the Mayor.

* - not a member of the current or previous Council/staff of Ashfield, Leichhardt, Marrickville or Inner West Councils.

Attendees (non-voting)

- General Manager (or delegate)

- Deputy General Manager, Chief Financial and Administration Officer (or delegate)

- Group Manager Governance (or delegate)

- Council officers and third parties who have conducted internal assurance and compliance audits for Council (for the purposes of presenting and reviewing findings of those specific audits)

- External Auditor

- Other officers of Council may attend to address agenda items relevant to their area of responsibility.

2.1 Appointment

The independent members shall be appointed in accordance with the term set by Council. An independent member may be re-appointed for a further term but shall not serve more than two consecutive terms in either the role of Chair or Member. Consideration may be given to a part term extension to enable independent members to have overlapping terms.

2.2 Expertise

In appointing members to the Committee, the Council will have regard to the following:

a) at least one member shall have accounting or related financial management expertise and experience, with understanding of accounting and auditing standards in a public sector environment; and

b) the members, taken collectively shall have a broad range of skills and experience relevant to Local Government and the operations of Inner West Council.

2.3 Skills development

Committee Members will receive relevant information and briefings to assist them meet their Committee responsibilities. A member of the Committee may, with the approval of the General Manager, attend appropriate seminars or training in respect to issues related to the functions and responsibilities of the Committee.

2.4 Chairperson

One (1) of the independent external members shall be the Chairperson (Chair) serving for a period of not more than 2 years.

2.5 Secretariat

Council’s Governance service unit shall provide secretariat support to the Committee.

3. ROLES AND RESPONSIBILITIES

In carrying out its responsibilities, the Committee recognises that primary responsibility for management of Council rests with the Council and the General Manager as defined by the Local Government Act 1993. It has a range of responsibilities as follows.

3.1 External Accountability

The Committee must promote an environment at Council that is consistent with best practice financial reporting and governance standards and appropriately reflects the financial status of Council to the community and wider public. In particular, the Committee shall:

a) satisfy itself that the annual financial reports comply with applicable Australian Accounting Standards and are supported by appropriate management sign-off on the statements and the adequacy of internal controls

b) review the external audit opinion, including whether appropriate action has been taken in response to audit recommendations and adjustments

c) consider contentious financial reporting matters in conjunction with Council’s management and external auditors

d) review the processes in place designed to ensure financial information included in the Annual Report is consistent with the signed financial statements

e) satisfy itself there are appropriate mechanisms in place to review and implement, where appropriate, relevant State Government reports and recommendations

f) satisfy itself that there is a performance management framework linked to organisational objectives and outcomes.

3.2 Internal Audit

The Committee will review and assess key areas relating to the Internal Audit function of the Council. In particular the Committee will:

a) act as a forum for communication between the Council, General Manager, senior management, internal audit and external audit

b) review and assess the scope and coverage of the internal audit plan, work program and resources. Consider the adequacy of internal audit resources to carry out its responsibilities including completion of the approved Annual Internal Audit Plan.

c) review all audit reports and consider significant issues identified in audit reports and action taken on issues raised, including identification and dissemination of better practices information

d) review and monitor the implementation of internal audit recommendations by management

e) review the Internal Audit Charter annually to ensure appropriate organizational structures, authority, access and reporting arrangements are in place

f) periodically review the performance of Internal Audit

g) meet in-camera with the Internal Auditor at least annually

3.3 External Audit

The Committee will review and assess key areas relating to the external audit of the Council. In particular, the Committee will:

a) act as a forum for communication between the Council, General Manager, senior management, internal and external audit

b) provide input and feedback on the financial statements and audit coverage proposed by external audit, and provide feedback on the external audit services provided

c) review all external plans and reports in respect of planned and completed external audits and monitor the implementation of audit recommendations by management

d) consider significant issues raised in relevant external audit reports and better practice guides, and ensure appropriate action is taken.

e) meet in-camera with the external auditor at least annually

3.4 Legislative Compliance

The Committee will:

a) monitor changes of significance in relation to various legislation, statutory instruments, accounting policies and other regulatory and reporting requirements that apply to Council

b) review and consider the effectiveness of systems for monitoring and ensuring compliance with relevant laws, regulations and associated government policies.

3.5 Risk Management

The Committee will oversee the implementation and review of risk management throughout Council as follows:

a) review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud

b) review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings

c) review the impact of the risk management framework on its control environment and insurance arrangements

d) review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

3.6 Control Framework

The Committee will oversee the implementation and review of compliance and related internal control systems throughout Council as follows:

a) review whether management has adequate internal controls in place, including over external parties such as contractors and advisors

b) review whether management has in place relevant policies and procedures, and that these are periodically reviewed and updated

c) progressively review whether appropriate processes are in place to assess whether policies and procedures are complied with

d) review whether appropriate policies and procedures are in place for the management and exercise of delegations

e) review whether management has taken steps to embed a culture which is committed to ethical and lawful behaviour.

3.7 Insurance Program

The Committee will satisfy itself of the adequacy of Council’s insurance program.

3.8 Continuous Improvement

Reviewing the overall approach and arrangements in place that support Management implementing a successful culture of continuous improvement to drive productivity and efficiency gains and to effectively manage risk and increase business resilience.

4. MEETINGS

4.1 Convening of Meetings

a) The Committee will meet regularly at the times determined by the Committee, but no less than four (4) times per year, with one of these meetings to include review and endorsement of the annual audited financial reports and external audit opinion of same and that these meetings are rotated as appropriate across various IWC sites.

b) A forward meeting plan, including meeting dates and agenda items will be agreed by the Committee each year. The forward meeting plan will cover all Committee responsibilities as detailed in this Audit Risk & Improvement Committee Charter.

c) A member of the Committee may request that a meeting of the Committee be convened at any other time and the General Manager shall liaise with the Chair in facilitating such a meeting.

d) The internal or external auditor may request that a meeting of the Committee be convened and the General Manager shall liaise with the Chair in facilitating such a meeting.

4.2 Quorum

A majority of members, present in person or by using any technology, constitute a quorum.

4.3 Secretariat

The Secretariat will ensure:

a) the agenda and supporting papers for each meeting are circulated at least one week prior to the meeting

b) the minutes of the meetings are prepared and maintained. Minutes shall be approved by the Chair and circulated to each member within two weeks of the meeting being held.

c) minutes of meetings shall be confirmed at the next meeting of the Committee.

4.4 Conflicts of Interest

a) All Committee members shall make an annual declaration of interests.

b) Committee members shall declare any conflicts of interests at the start of each meeting or before discussion of the relevant agenda item or topic. Details of any conflicts of interests are to be appropriately minuted.

5. REPORTING

a) At each Committee Meeting, Internal Audit will provide a performance update of the approved Internal Audit Plan of work for the financial year showing the current status of each audit.

b) At the first Committee meeting after 30 June each year, Internal Audit will provide a performance report on the performance of Internal Audit for the financial year, as measured against agreed performance indicators.

c) At the first Committee meeting after 30 June each year, the annual audited financial statements and reports and external auditor’s opinion and reports are to be reviewed and presented for endorsement by the Committee.

d) The Committee may at any time consider any other matter it deems of sufficient importance.

e) The Committee will provide:

i) copies of its minutes to the Council;

ii) an annual report to the Council on the trends / issues that have arisen in the Committee's work over the previous 12 months; and

iii) such additional reporting as Council may require.

6. COMMITTEE REVIEW

a) The Committee shall review the scope and effectiveness of its activities and performance at least once every two years.

b) The Committee shall review the Audit Risk & Improvement Committee Charter at least once every year.

c) Amendment of this Audit Risk & Improvement Committee Charter is subject to the approval of the Council, after review by the Committee and Executive Leadership Team.

Governance Use only:

Version	Amended By	Changes Made	Date	TRIM #
1	Governance	New IWC Charter Adopted by Council	Sept 2016	17 45440
2	Governance: Policy and Risk	Revised for currency	June2017	17 45440
3	ARIC	Meeting 7 September pre Adoption, see minutes	Sept 2017	17 45440

Name	Organisation

Phil O’Toole	Centium Group Pty Ltd
Peter Moroney	Nemesis Consultancy Group Pty Ltd
John Renshaw / Kelvin Kenney	O’Connor Marsden & Associates Pty Ltd
Wayne Gilbert	PKF Forensic and Risk Services Pty Ltd
Monica Kelly	Prevention Partners
Kath Roach	SINC Solutions
Rob Ryan	Strategic Risk Solutions
Kathryn Thane	Train Reaction Pty Ltd
Council’s Internal Ombudsman*	Internal Ombudsman Service

Cost Item	Actual costs paid ($000s)	Current commitments ($000s)	Total ($000s)	Description
Branding	22	TBA	22	Includes banners and welcome to Inner West household flyer
Asset management	81	81	162	Asset consolidation and strategic asset management
Co-location	688	TBA	688	Co-location of outdoor staff still to be completed
Redundancies	2,305	1,074	3,379	Total redundancy costs will not be known until all organisational structures are finalised
ICT network costs	1,925	TBA	1,925	Includes licensing, telephony consolidation, dark fibre, email consolidation. Further costs to be incurred
Other ICT costs	83	TBA	83	Includes solution design, CHRIS 21 HR, Promapp, Infocouncil, crystal reports. Further costs to be incurred
Technology One implementation	243	1,280	1,523	Implementation contract
Technology One project management	250	250	500	Project management costs to December 2018
Technology One training	35	TBA	35	Includes training costs for release 1 only
Integration	610	760	1,370	Integration team costs
Recruitment	242	TBA	242	External recruitment and advertising costs
Training	342	130	472	Includes leadership coaching program and merger related training such as resilience, coping with change, resume writing, interview skills
TOTAL	6,826	3,575	10,401

1.⇩	Local Government NSW - Annual Conference 2017 - Draft Program
2.⇩	2016 Annual Conference Action Report

1.⇩	Investment Summary Report - Inner West Council - July 2017
2.⇩	Inner West Council Economic and Investment Portfolio Commentary - July 2017
3.⇩	Inner West Council - Summary - July 2017

1.⇩	IWC Aug17 - summary
2.⇩	IWC Aug17
3.⇩	IWC Economic and Investment Portfolio Commentary Aug 17

1.⇩	IWC Sep17 - summary
2.⇩	IWC Sep17
3.⇩	IWC Economic and Investment Portfolio Commentary Sep 17

1.⇩	Council's submission on the Stage 3 EIS
2.⇩	WestProtects Rozelle Submission

1.⇩	Audit, Risk and Improvement Committee Charter
2.	Minutes of the Audit, Risk and Improvement Committee of 7 September 2017 - Confidential