AGENDA R

Council Meeting

13 February 2018

   PRECIS

Council Meeting

13 February 2018

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Rik Hart

Peter Gainsford

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (6.38pm)

Councillor

Councillor

Councillor

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

Simon Lowe

Ian Naylor

Katherine Paixao

A/Group Manager Strategic

Strategic Transport Planner

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

Motion: McKenna OAM/Drury

1.    That the Minutes of the Ordinary Council Meeting held on 24 October 2017 be confirmed as a correct record, subject to the following changes:

a.    The deletion of the words ‘Leave of absence granted’ from the apologies;

b.    Recording Councillor Drury voting against amendment in Item 25 – Making the Inner West a Leader in Renewable energy

2.    That the Minutes of the Extraordinary Council Meeting held on 31 October 2017 be confirmed as a correct record, subject to the following changes:

a.    The deletion of the words ‘Leave of absence granted’ from the apologies;

b.    Recording Councillor Raciti voting against the Motion for point 3e in Item 2 - Local Government NSW Annual Conference.

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

C1117 Item 32    Mayoral Minute: Letter of Condolence to the Family of Malcolm Young

Motion: (Byrne)

THAT Council write a letter of condolence to the family of Malcolm Young, expressing our sadness at his passing and commending the contribution he made to the inner west community and music worldwide.

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

C1117 Item 30    Mayoral Minute: Bulk Transfer of Nominated General Staff

MOTION: (Byrne)

THAT Council:

1.   Complete the bulk transfer of the permanent positions within Footpaths, Roads, Traffic and Storm water; Trees, Parks, and Sports fields; Mechanical Services; Resource Recovery; Children and Family Services; Community Operations; and Recreational and Aquatics  which have not yet been finalised through the organisational restructure. Notice of the awarding of these positions should be forwarded to all affected staff urgently to allow them to have certainty about the security of their employment prior to the end of 2017;

2.   Adopt a policy of allowing all employees of the Inner West Council to have the five year employment protection, from the date of the amalgamation, as was provided for the officers of the former Leichhardt Council. Furthermore, that efficiency savings identified through the restructure are to be achieved through natural attrition;

3.   Ask the General Manager to complete further harmonisation of employee conditions and service standards through consensus and collaboration between General Manager and Human Resources Group Manager, the officers of the Council and their industrial representatives; and

4.   Produce a report summarising the previous best practices of Ashfield, Marrickville and Leichhardt Councils and the local government sector, in relation to equal opportunity employment practices. This should include consideration of gender equity and women leadership programs, apprenticeships and proactive approaches to attracting, retaining and developing Indigenous people and people with disability.

5.   Receive a report at the February ordinary meeting on the implementation of the resolutions.

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

Procedural Motion - Item 8 Victoria Road Precinct Planning Proposal

Motion: (Macri/Passas)

THAT Council defer Item 8 in order for Councillors to be briefed on the matter.

Motion Carried

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

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

Suspension of Standing Orders:

 Motion: (Byrne/McKenna OAM)

THAT Items 2, 5, 7, 10, 20, 24, 26 and 27 be brought forward.

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

C1117 Item 2      Draft Code of Meeting Practice

Motion (Drury/Macri)

THAT Council:

1.    Adopt the Draft Code of Meeting Practice shown as Attachment 1 subject to the following amendments:

a.    Delete reference to Public Forum from Clause 1.5 (1) a  - Order of Business;

b.    Rename Clause 2.8 –Public Forum – Addressing Council ;

c.    Delete Clause 2.8 (2) and replace with:

·                             “Those people referred to in Clause 2.8.1 may address council before                                   debate on an item that they have given notice they wish to speak on in                      accordance with Clause 2.8.5. Council shall permit a maximum of three                  speakers for and three speakers against per item of business.”

d.    Delete the note at the end of Clause 6.1.5;

e.    Introduce a moment of quiet contemplation in the order of business prior to the consideration of reports;

f.     That Clause  2.12 (3) be amended to state that Councillors are allowed to speak for 3 minutes.

2.    Publish the Code of Meeting Practice on its website;

3.    Communicate the changes to the Code of Meeting Practice through its website, social media, newsletters, advertisements in the Inner West Courier and with a public notice in Council’s Libraries and Facilities; and

4.    Write to the persons who made submissions during the exhibition period and notify them of Council’s Decision.

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas, Raciti, Stamolis and York

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

Foreshadowed Motion (Porteous)

THAT:

1.    Council defers the decision to change the Code of Meeting practice until the new model Code of Meeting practice is released by the OLG ;

2.    Until that time Council continue to use the Leichhardt Code of Meeting practice; and

3.    From February 2018 Council meets twice a month.

This Foreshadow Motion lapsed.

Amendment (Stamolis/Lockie)

THAT Council:

1.    Adopt the Draft Code of Meeting Practice shown as Attachment 1 subject to the following amendments:

a.    Remove Clause 2.3.(1) the words “Shall stand when speaking”;

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

b.    That Clause 2.12 (3) be amended to state that Councillors are allowed to speak for 3 minutes.

Motion Carried

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

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

As this amendment was carried, it was included in the Primary Motion.

c.    Remove Clause 5.1(2c) “Councillors should not have to specify the source of funding for their motions”.

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

C1117 Item 5      Amendments to Inner West DCP 2016

Motion: (McKenna OAM/Drury)

THAT:

1.         Council note the contents of the report;

2.         The General Manager be authorised to make minor clerical amendments to the DCP amendments which do not change the content and intent of the document;

3.         In accordance with Part 3, Clause 21 of the Environmental Planning and Assessment Act Regulation 2000, Council endorse and give public notice of the adoption of the amendments to Inner West Comprehensive DCP for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill as shown at Attachment 1;

a.    Council provide the Secretary of the Department of Planning and Environment a copy of the DCP amendments pursuant to Part 3, Clause 25 AB of EPA Act Regulation 2000; and

b.    That a briefing be prepared on the heritage controls of the former Council areas.

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

C1117 Item 7      466-480 New Canterbury Road, 26-38 Hercules Street, Dulwich Hill - Planning Proposal

 Motion: (Drury/Stamolis)

THAT Council:

1.       Receive and note this report;

2.       Accepts the role of Relevant Planning Authority for the Planning Proposal at 466-480 New Canterbury Road & 26-38 Hercules Street, Dulwich Hill;

3.         Request the Department of Planning and Environment delegate to Council the        Plan Making functions to make the LEP amendment;

4.       Submits the Proponent’s Planning Proposal to the Department of Planning and Environment for a Gateway Determination; and

5.         Council reiterates our view that the maximum building height be no greater than     5-6 storeys alongside Dulwich Grove light rail station, and that any planning        proposal on the subject land should seek to protect Dulwich Hill public school            from overshadowing and privacy impacts.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Iskandar and Macri

Amendment (Porteous)

THAT:

1.    The Councillors appoint an appropriately qualified consultant to prepare a Councillors’ submission to the planning proposal which puts particular focus on issues of concern to the community and the Councillors regarding this planning proposal.

2.    Councillors be consulted on which issues they want included in this submission.

This Foreshadowed Motion lapsed.

C1117 Item 10    Sydney Metro (Sydenham to Bankstown) EIS Submission

Motion:     (Drury/Hesse)

THAT:

1.    Council does not accept that the case for the Sydney Metro has been adequately made. Our community is not prepared to accept the disruption that would be caused by this project, that we are not convinced will benefit our community or Sydney as a whole;

2.    Futhermore we request the council staff amend the report prior to submitting it, in order to;

a.    Make clear that one of the cumulative impacts which has not been addressed in the EIS is the impact of additional pressure being placed on the Bankstown line, while it is at reduced capacity from 2019 to 2024, due to additional housing being forced on communities by the Sydenham to Bankstown urban renewal strategy;

b.    Make clear that the cumulative impact of current development under the 2011 LEP  and existing new housing needs  be taken into consideration;

c.    Stress community concern regarding traffic impacts both during general construction and shutdown periods, including the potential for rat-running in local streets;

d.    Call for the individual Temporary Transport Plans to be exhibited before any rail line shutdown period; and

e.    Request a specific amount of money to control parking impacts.

3.    Should the state government persist with this project then the Inner West Council advises that if the government does not want to create more chaos then it should place an embargo on planning “upzonings” in the Sydenham to Bankstown Urban Renewal Corridor (SBURC) until after the proposed completion of the of the Metro Line.

              Failing this the government should arrange for a detailed assessment of the            cumulative impacts of private construction due to the SBURC and public                           infrastructure construction for the Metro rail line be undertaken and exhibited,          before any approval is given for the Metro line, given that this assessment is            not included in the EIS; and

4.    Council receives and notes the report and formally submits the attached submission to the Department of Planning and Environment.

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

Amendment (Da Cruz/Porteous)

THAT Council:

1.    Amend the plans to incorporate shade in the form of structures, trees and vegetation around pedestrian pathways; and

2.    Incorporate water management systems to replenish soil moisture levels.

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

C1117 Item 20    Notice of Motion to Rescind: Cottages at 9 and 11 Marion Street Leichhardt

Motion: (Porteous/Steer)

THAT Council’s resolution of C0417 Item 14 Cottages at 9 and 11 Marion Street Leichhardt at the April 2017 Ordinary Meeting be rescinded.

Motion Carried

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

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

Motion: (Porteous/Steer)

THAT a report be brought to the February 2018 Ordinary meeting on the opportunity, costs and timeline for conversion of cottages 9 and 11 Marion St to a community purpose. The consideration on what that community purpose that should be to include: a Community Centre for Leichhardt Youth; artist studios and art gallery/cultural space; a general community space, housing for low income housing or other appropriate community uses.

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

C1117 Item 24    Notice of Motion: Boosting the micro-brewing sector in the Inner West

Motion:     (Byrne/York)

1.         Investigate and report to the February ordinary meeting on:

a.   Possible amendments to planning controls which would increase the allowable floor space for tasting on site within micro-breweries to the level of 40% of the gross floor area or 400 square metres, whichever is the lesser, as adopted by the former Ashfield Council; and

b.   Options for updating and refining the definition of ancillary use for tasting rooms, within microbreweries, to provide greater certainty for proponents about the meaning and limits of ancillary use. This should be produced in consultation with local microbrewery operators.

2.         Consult with the Inner West Brewers Association and consider in the context of                 the 2018/19 Budget the following initiatives:

a.   Establishing or supporting an annual Inner West Craft Beer Festival, in conjunction with local breweries, pubs and small bars, with the aim of making it one of the premier craft beer festivals in Australia; and

b.   Working with local microbreweries, tourism operators and government agencies to promote brewery trails and tours as a tourist attraction in the Inner West local government area.

Motion Carried

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

Against Motion:          Cr Passas

C1117 Item 26    Notice of Motion: WestConnex Noise Issues

Motion:     (Lockie/Hesse)

THAT Council:

1.   Write urgently to the Premier, Minister for WestConnex and Minister for Planning to:

a.   Express major concern about the unacceptable noise impacts of construction works in St Peters, Haberfield and Ashfield, where residents have faced weeks of night works on top of daily construction noise;

b.   Demand that night works should not take place on an ongoing basis, as has been happening in recent weeks;

c.   Insist that if night work is unavoidable, affected residents must be offered alternative accommodation or other meaningful noise mitigation measures, even if night works do not take place on consecutive nights, and regardless of whether they have been classified as “sensitive receivers” by WestConnex contractors;

d.   Demand that WestConnex contractors act immediately to deliver their at-property noise treatment obligations as outlined in the WestConnex The New M5 Construction Noise and Vibration Plan (October 2016).

Motion Carried

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

Against Motion:          Nil

Absent:                                  Cr Passas

C1117 Item 27    Notice of Motion: Investigation into New Council Committees

Motion:     (Stamolis/Lockie)

THAT Council:

1.   Consider options for broader community attendance at its committees;

2.   Consider local sub-committees of Council Committees which would enable greater local engagement as well as greater accessibility to meetings; and

3.   Consider establishing sub-committees as part of the new Committee framework  to address specific community priorities (such as Climate Change, Bicycle Use, Heritage and Sports Participation). 

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

Motion: (Byrne/Stamolis)

THAT the following Items be moved en bloc and the recommendations contained in the reports be adopted: Items 3, 9, 13, 14, 17, 25 and 28.

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

C1117 Item 3      Audited Financial Reports as at 30 June 2017

Motion:     (Byrne/Stamolis)

THAT:

1.       Receives and notes the report; and

2.       Receives the final audited reports for the Inner West Council for the reporting period ending 30 June 2017 (ATTACHMENT 1).

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

C1117 Item 9      Greenway shared path through Arlington Grove development

Motion:     (Byrne/Stamolis)

1.   Pursuant to section 55(3)(i) of the Act, the Council resolves that a satisfactory result would not be achieved by inviting tenders for the provision of a shared path through the Arlington Grove Development, to a suitable standard for use as the Greenway shared path, due to the following extenuating circumstances:

a.   The land in question is owned by the developer of the Arlington Grove development.

b.   Council has no entitlement other than with the permission of the developer to enter the land and construct the shared path.

c.   Accordingly, the developer is the only party with whom the contract can be struck. An open tender process is of no utility in such circumstances.

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

C1117 Item 13    Dockless Bike Share Schemes

Motion:     (Byrne/Stamolis)

THAT Council receives and notes the report.

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

C1117 Item 14    Fee Waiver Applications in relation to community use of Council facilities in 2018

Motion:     (Byrne/Stamolis)

THAT Council:

1.   Approve the fee waiver applications submitted by regular annual hirers for use of Council venues and facilities in 2018 as listed in Attachment 1;

2.   Note this a continuation of practice at the former Leichhardt Council; and

3.    Note that Council Officers will be undertaking a review of Fees & Charges and policies for fee waiver and concessions with a view to consistency, equity and transparency across the Inner West LGA.

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

C1117 Item 17    Investment Report as at 31 October 2017

Motion:     (Byrne/Stamolis)

THAT the report be received and noted.

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

C1117 Item 25    Notice of Motion: Urgent Action needed to improving Air Quality

Motion:     (Byrne/Stamolis)

THAT Council submit a motion to the Local Government Association Conference calling on the NSW Government to:

1.   Develop legislation to allow local councils to follow the NSW Chief Medical Officer’s advice and phase out Wood Heaters;

2.   Introduce effective education and incentive program commensurate with the $8 billion health cost of residential wood heating pollution in NSW that will create widespread understanding of the benefits of switching to non-pollution heating; and

3.   Provide effective powers for councils to take action against unhealthy levels of wood smoke pollution, including local exceedances of National PM2.5 Air Quality Standards.

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

C1117 Item 28    Notice of Motion: Cabcharge for Councillors

Motion:     (Byrne/Stamolis)

THAT in the interests of public accountability, transparency and safety, the Councillor Expenses and Facilities Policy be amended to include cabcharge cards to those Councillors who request this.

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

Motion: (Byrne/Stamolis)

THAT Items 1, 4, 6, 11, 12, 15, 16, 18, 19, 21, 22, 23 and 31 be brought forward for consideration and dealt with at this time.

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

C1117 Item 1      Councillor Support Staff

Motion:     (Stamolis/Hesse)

THAT a Councillor briefing be held in early 2018 to consider all options for Councillor support.

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

Procedural Motion: (Raciti/McKenna OAM)

THAT an extension of time be granted to deal with the confidential item – Item 29

Motion Carried

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

Against Motion:          Nil

Absent:                                  Cr Byrne

C1117 Item 29    General Manager's Contract of Employment

Motion: Passas/Stamolis

THAT Council moves into closed session to deal with this matter as the information contained in CONFIDENTIAL ATTACHMENTS 1 of this report are classified as confidential under the provisions of Section 10A (2) (a) of the Local Government Act 1993  for the following reasons:

a.   personnel matters concerning particular individuals (other than councillors);

And in accordance with Sections 10A (4) of the Local Government Act 1993, that the Chairperson allow members of the public to make representations as to whether this part of the meeting should be closed.

The Deputy Mayor, Councillor Passas moved into closed session at 11.07pm to allow Council to consider items of business containing confidential information. Members of the public were asked to leave the Chamber.

The Mayor, Councillor Byrne returned to the Meeting at 11:12 pm as assumed the Chair.

Motion:     (Drury/Stamolis)

THAT Council return to open session to read out the recommendations from the Closed Session.

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

The Mayor read out to the Meeting the recommendation from the Closed Session of Council.

Motion:     (Drury/Hesse)

THAT Item 29 – General Manager’s Contract of Employment be deferred for consideration at the next Ordinary Council Meeting.

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

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

Louise Steer

Anna York
Rik Hart

Peter Gainsford

Mayor

Deputy Mayor (10.02pm)

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (7.17pm)

Councillor

Councillor

Interim General Manager

Deputy General Manager Assets and Environment

John Warburton

Deputy General Manager Community and Engagement

Nellette Kettle

Group Manager Civic and Executive Support, Integration, Customer Service and Business Excellence

Joe Strati

David Birds

Gill Dawson

Kendall Banfield

Harjeet Atwal

Wal Petschler

Ian Naylor

Katherine Paixao

Group Manager Legal

Group Manager Strategic Planning

Manager Strategy and Policy

Manager WestConnex Unit

Manager Planning Operations

Group Manager Footpaths, Roads, Traffic and Stormwater

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

APOLOGIES: 

Motion (Macri/Lockie)

That apologies from Councillor Stamolis and lateness from Councillors Raciti and Passas be accepted.

Motion Carried

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

Against Motion:          Nil

C1117 Item 4      Post Exhibition Report - Sydenham Station Creative Hub Planning Proposal

Motion (York/Byrne)

THAT Council:

1.         Note:

a. The existing Sydenham Creative Hub proposal has been endorsed repeatedly        by the former Marrickville Council and the NSW Department of Planning;

b. The large body of work that has been dedicated to the development of the          policy for the Sydenham Station Creative Hub involving input from a wide range of stakeholders over a substantial period of time, and the          careful consideration of the development of that policy by the former Marrickville Council;

c. The independent support for the policy from academic and planning
experts including the City Futures Research Centre, Professor Peter Phibbs and SGS Economics in their 2014 Study of Marrickville Employment lands;

d. The very large proportion of submissions received during the consultation              process in support of the existing proposal; and

         e. The original intent of the Sydenham Creative Hub proposal, which was     
to protect current industrial uses in the precinct, by adapting our planning Instruments to ensure emerging additional artistic and creative uses are permitted, as a means of securing the vibrancy and visitation to the area.

2.           Defer consideration of the matter pending further investigation into options to achieve the original intent of the proposal, by further specifying and limiting new uses, including potentially;

a. Removing office space from the list of permissible uses;

b. A narrower focus on live performance and artistic uses to operate after          
   existing businesses hours;

c. Further limiting the scope for small bars and restaurants;

d. Mandating a review period for the proposed controls following adoption;   and

e. Further measures to mitigate the perceived risks identified in the most        recent SGS report.

Motion Lost

For Motion:                 Crs Byrne, Drury, Hesse, Iskandar, McKenna OAM and York

Against Motion:          Crs Da Cruz, Kiat, Lockie, Macri, Porteous, Raciti and Steer

Foreshadowed Motion (Porteous/ Da Cruz)

THAT:

1.       Council amend the planning proposal as follows:

i.    Confine the land to which the planning proposal relates to the properties fronting Marrickville Road, Marrickville between Railway Parade and Sydney Street and the 2 properties fronting Railway Parade between Marrickville Road and Buckley Lane (being the properties 21-71 Marrickville Road and 101-103 Railway Parade, Marrickville respectively); and

ii.   Limit the additional permitted uses on such land to “cafes, restaurants and small bars”.

2.       The Department of Planning and Environment be advised accordingly and Council request a 6 month extension of time to finalise the LEP; and

3.       The amended planning proposal be publically exhibited and a further report be prepared for Council’s consideration following the conclusion of the community consultation.

Motion Carried

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

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

C1117 Item 21    Notice of Motion: Affordable housing for the Inner West

Motion:     (Kiat/Steer)

THAT:

1.         The General Manager in consultation with the Housing Affordability Strategic         Reference Group provide Council a strategic report for the consideration of the             community and Councillors (Report);

2.         The Report present options on how Council in collaboration with local  communities, state and federal governments, and/or non-government organisations, will identify appropriate sites and properties in the LGA for development as affordable housing projects;

3.            The Report assess the viability of Council identifying and developing affordable housing projects in partnership with relevant stakeholders and community partners;

4.            The Report present options on how Council can create an Empty Dwellings Levy, by which Council would raise funds for affordable housing projects and increase rental supply by imposing a levy on residential properties left empty for an extended period (e.g. by tripling rates on properties left empty for at least 12 months);

5.            The Report identify where funds generated by Council’s affordable housing projects are directed, and present options as to how such funds can be set aside for spending within Council’s affordable housing portfolio;

6.         The Report present options on how Council will work toward the following affordable housing targets at 5 and 10 year periods:

a.   30% of all new housing stock in new developments to be affordable housing;

b.   50% of all Crown or Council land that is zoned residential to be affordable housing; and

c.   10% of total housing stock to be affordable housing.

7.            The Report should reflect the wide diversity of needs when it comes to housing, including with reference to the life cycle of residents; and

8.         The Report should include assessment of the current strategic and staff resources available to deliver identified potential affordable housing initiatives.

Motion Lost

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

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

Foreshadowed Motion (Byrne/Drury)

THAT Council hold a briefing session for Councillors on Councils adopted policies on affordable housing  and the body of research which has been undertaken to support it.

Motion Carried

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

Against Motion:          Nil

Motion (Byrne/McKenna OAM)

That standing orders be resumed.

Motion Carried

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

Against Motion:          Nil

C1117 Item 6      469-483 Balmain Road, Lilyfield - Planning Proposal

Motion (Byrne/McKenna OAM)

THAT Council:

1.    Adopt a position of opposition to the rezoning proposed, based on the objections submitted previously by Council officers;

2.    Note that the NSW Government Greater Sydney Commission and the Planning Panel have failed to undertake community consultation prior to progressing the proposal to this stage; and

3.    Write to the above mentioned agencies seeking that any further consideration of the proposal be deferred until proper community notification and consultation has taken place.

Motion Carried

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

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

Foreshadowed Motion (Porteous/Da Cruz)

THAT Council:

1.       Receive and note this report;

2.       Accepts the role of Relevant Planning Authority for the Planning Proposal at 469 – 483 Balmain Road, Lilyfield;

3.       Request the Department of Planning and Environment delegate to Council the Plan Making functions to make the LEP amendment;

4.       Submits the Proponent’s Planning Proposal to the Department of Planning and Environment for a Gateway Determination; and

5.         The failure of Council to respond appropriately within the required timeframe to     the Dept of Planning and Environment and therefore to lose the option to take on           the role of consent authority and the failure to provide accurate and timely     information to Councillors regarding this matter be referred to the Audit and Risk        Committee for investigation and a report. 

This Foreshadowed Motion lapsed.

C1117 Item 11    Council Submission to Review of Environmental Planning and Assessment Regulations 2000

Motion (McKenna OAM/Lockie)

THAT Council:

1.       Receives and notes this report including the draft submission (Attachment 1); and

2.       Endorses the submission.

Motion Carried

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

Against Motion:          Nil

C1117 Item 16            Local Traffic Committee Meeting held on 2 November 2017  and Extra-Ordinary Local Traffic Committee Meeting held on 3 November 2017

Motion (McKenna OAM/Byrne)

THAT the Minutes of the Local Traffic Committee Meeting held on 2 November 2017 and the Minutes of the Extra-Ordinary Local Traffic Committee Meeting held on 3 November 2017 be received and the recommendations be adopted subject to amending the recommendation of Item 13 of the 2 November 2017 Meeting to:

THAT Council:

1.    Install a resident parking scheme “2p 8am-10pm Mon-Fri, Permit holders excepted, area A1” on the west side of Edith Street, Leichhardt (South of Marion Street); and

2.    Limit the number of permits per eligible households to a maximum of 2 residential permits only.

Motion Carried

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

Against Motion:          Crs Passas and Raciti

Absent:                         Crs Drury and Porteous

ADJOURNMENT

9.54pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

10.02pm – The Mayor, Clr Byrne resumed the meeting.

Councillor Passas entered the meeting at 10.02pm

Councillors Drury and Porteous left the Meeting at 10.02 pm.

C1117 Item 16            Local Traffic Committee Meeting held on 2 November 2017  and Extra-Ordinary Local Traffic Committee Meeting held on 3 November 2017

Motion (McKenna OAM/Byrne)

THAT the Minutes of the Local Traffic Committee Meeting held on 2 November 2017 and the Minutes of the Extra-Ordinary Local Traffic Committee Meeting held on 3 November 2017 be received and the recommendations be adopted subject to amending the recommendation of Item 13 of the 2 November 2017 Meeting to:

THAT Council:

3.    Install a resident parking scheme “2p 8am-10pm Mon-Fri, Permit holders excepted, area A1” on the west side of Edith Street, Leichhardt (South of Marion Street); and

4.    Limit the number of permits per eligible households to a maximum of 2 residential permits only.

Motion Carried

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

Against Motion:          Crs Passas and Raciti

Absent:                         Crs Drury and Porteous

C1117 Item 18    Targeting a Non Fossil Fuel Investment Portfolio for Inner West Council

Motion:     (Byrne/Macri)

THAT the report be received and noted.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Passas and Raciti

C1117 Item 19    Pensioner Rebates

Motion (Passas/Drury)

THAT:

1.       Council receive and note the report; and

2.       Council officers prepare the 2018/19 Domestic Waste Management Charge (as a part of the 2018/19 budget process) based on the former Leichhardt voluntary pensioner rebate model.

Motion Carried

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

Against Motion:          Nil

C1117 Item 22    Notice of Motion: Ensuring an Affordable, Quality Early Education and Childcare Place for Every Child

Motion:     (Kiat/Steer)

THAT:

1.         The General Manager provide Council an early education and childcare (EEC) strategic report (Report) for the consideration of the community and Councillors;

2.         The Report include an analysis of current and projected EEC supply and demand for Council residents;

3.         The analysis of current and projected EEC supply to include assessment of cost, location, service type, and number of places. This analysis should include a breakdown by operator type (ie Council, community and private); and

4.         The analysis of current and projected EEC demand to include assessment of number and type of places required, accessibility and affordability issues, preferred location of services, and community preference by operator type (ie Council, community or private).

Councillor Kiat withdrew his Motion.

Foreshadowed Motion (Byrne/Passas)

THAT Council note that the Council already well advanced in commissioning a detailed childcare needs analysis to be reported in mid-2018.

This Foreshadowed Motion lapsed.

C1117 Item 23    Notice of Motion: Rainbow Tunnel

Motion:     (York/McKenna OAM)

THAT Council:

1.      Notes that:

a.The pedestrian underpass tunnel at Phillip St Enmore is maintained by         Sydney Trains with regular painting, and is the site of frequent graffiti and    tagging; and

b.Sydney Trains maintains the tunnel regularly as a graffiti ‘hot-spot’ and       have    advised Council that if the rainbow mural is reinstated, Council would    also need to take on responsibility for regular maintenance of the tunnel, at     a cost to Council.

2.      Write to Sydney Trains to request Council’s preference, on behalf of the community, that the rainbow be reinstated and maintained, in recognition of the marriage equality campaign and YES vote which was supported     by residents in the area, and celebrated by the rainbow mural;

3.       Note that, should Sydney Trains decline this request, Council staff investigate alternative options for a mural in support of marriage    equality, preferably in the nearby area; and

4.      Write to Sydney Trains about the graffiti along the Railway Crescent wall at   
         Lewisham and request that it be repainted.

Motion Carried

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

Against Motion:          Nil

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Pauline Lockie

Victor Macri

Rochelle Porteous

Vittoria Raciti

Louise Steer

Anna York
Rik Hart

Peter Gainsford

Mayor

Deputy Mayor (10.02pm)

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (7.17pm)

Councillor

Councillor

Interim General Manager

Deputy General Manager Assets and Environment

John Warburton

Deputy General Manager Community and Engagement

Nellette Kettle

Group Manager Civic and Executive Support, Integration, Customer Service and Business Excellence

Joe Strati

David Birds

Gill Dawson

Kendall Banfield

Harjeet Atwal

Wal Petschler

Ian Naylor

Katherine Paixao

Group Manager Legal

Group Manager Strategic Planning

Manager Strategy and Policy

Manager WestConnex Unit

Manager Planning Operations

Group Manager Footpaths, Roads, Traffic and Stormwater

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

Motion (Macri/Lockie)

That apologies from Clr Stamolis and lateness from Clrs Raciti and Passas be accepted.

Motion Carried

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

Against Motion:          Nil

DISCLOSURES OF INTERESTS:  

Clr Raciti declared a significant, non-pecuniary interest in Item 24 Lambert Oval Lease, as her husband is the president of the football club.

Motion (Passas/Byrne)

That the Declaration of Interest be received and noted.

C1217 Item 31    Mayoral Minute: Confirmation of 100 Days Waiver of Fee Hire For Same Sex Marriage

Motion: (Byrne)

THAT Council:

1.   Congratulate LGBTIQ Australians on attaining a historic achievement through the legislating of marriage equality;

2.   Note that the federal electorate of Grayndler, encompassing most of the Inner West Council local government area, achieved the highest turn out of any electorate in NSW in the postal survey on same sex marriage;

3.   Note the significant advance the passing of this legislation represents for human rights and inclusivity in Australia and recommit ourselves to upholding the principles of freedom from discrimination and respectful treatment of all Australians regardless of their sexual preference, gender, ethnicity or social background;

4.   Write to the Prime Minister and the Leader of the Opposition, Government Leader in the Senate George Brandis and Leader of the Opposition in the Senate Penny Wong and other relevant party leaders, congratulating them on the successful enactment of the Same Sex Marriage Bill; and

5.   As per previous resolutions, make Council facilities available, free of hire fees for 100 days to all same sex weddings and extend this offer to couples previously married overseas who wish to hold a recommitment ceremony. The period of the fee waiver is to begin from 9 January 2018, the earliest date on which same sex marriages can take place.

Motion Carried

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

Against Motion:          Nil

C1217 Item 27    Mayoral Minute: Letter of Condolence to the Family of Lester Bostock

Motion:  (Byrne)

THAT Council writes a letter of condolence to the family of Lester Bostock, expressing our sadness at his passing and commending the contribution he made to the inner west community and the Australian Aboriginal community.

Motion Carried

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

Against Motion:          Nil

C1217 Item 28            Mayoral Minute: Letter of Condolence to the Family of Gail Clifford

Motion:  (Byrne)

THAT Council write a letter of condolence to the family of Gail Clifford, expressing our sadness at her passing and commending the contribution she made to the Friends of Maliana support activities in Timor Leste and to Leichhardt Council

Motion Carried

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

Against Motion:          Nil

Councillor Drury requested that an Urgency Motion be considered to express condolences on the passing of Kerry McNally.

Urgency Motion (Drury/Byrne)

Motion Carried

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

Against Motion:          Nil

The Mayor declared that this motion was urgent.

Urgency Motion (Drury/Byrne) – Condolences to the family of Kerry McNally

THAT Council send a letter of condolence to the family of Kerry McNally.

Motion Carried

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

Against Motion:          Nil

C1217 Item 29    Mayoral Minute: Recreation and Wellbeing Opportunities for Welcome Centre Clients

Motion: (Byrne)

THAT Council:

1.   Dedicate free places within the learn to swim programs at Leichhardt Park Aquatic Centre to 0-5 year olds attending Callan Park Refugee Welcome Centre, with numbers to be determined after confirming interest from Welcome Centre clients;

2.   Provide water safety support and advice to parents attending the lessons with their children; and

3.   Investigate provision of additional health and recreation programs to attendees through Council’s recreation partners and networks.

Motion Carried

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

Against Motion:          Nil

C1217 Item 30    Mayoral Minute: Endorsement of Bike Share Guidelines

Motion:  (Byrne)

THAT Council:

1.         Approve the draft bike share guidelines, noting minor revisions may occur subject to liaison with operators and neighboring councils;

2.         Approve an initial short term review period of three months to evaluate how well the operators have adhered to the guidelines;

3.         Write to all bike share businesses currently operating in the inner west local government areas to confirm the guidelines and the review period;

4.         Note that there is potential for the guidelines to develop into a more formal arrangement should the initial review period indicate such an approach is required;

5.         In partnership with the Inner City councils investigate the potential for a fee or levy system whereby operators contribute to bike infrastructure;

6.         Request that the Group Manager Legal to report back to Council following discussion with City of Sydney, Randwick, Waverly, Woollahra and Canada Bay Councils to clarify the legal framework under which bike share companies operate, and the legal powers available to councils with regards to regulating bike share companies and their operations; and

7.         Write to the State Government to request that it agrees to implement the guidelines on state land and to give further consideration to a state-wide approach.

Motion Carried

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

Against Motion:          Nil

Motion (Byrne/Iskandar)

That Council move into Committee of the Whole in the Council Committee Room.

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, Macri, McKenna OAM and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Raciti and Steer

Motion (Byrne/Macri)

THAT the following Items be moved en bloc and the recommendations contained in

the reports be adopted: Items 5, 6, 12, 13, 14, 15, 18, 20 and 21.

Motion Carried

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

Against Motion:          Nil

C1217 Item 5      Post exhibition outcomes - Annandale North Neighbourhood Movement Plan

Motion:     (Byrne/Macri)

THAT Council adopt the Annandale North Neighbourhood Movement Plan shown attached as Attachment 1 to this report.

Motion Carried

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

Against Motion:          Nil

C1217 Item 6      Open Inner West 2017-18 Program for Endorsement

Motion:     (Byrne/Macri)

THAT:

1.         The report be received and noted;

2.         Council note the festival dates for 2017-18; and

3.         Council endorse funding the 15 applications as outlined in Attachment 1. Successful Grant Recipients 2017-18, totalling $61,180 for the OIW 2017-18 grants Program.

Motion Carried

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

Against Motion:          Nil

C1217 Item 12    Comparative Service Levels Pre and Post Merger

Motion:     (Byrne/Macri)

THAT Council receive and note this report of comparative service levels pre and post-merger.

Motion Carried

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

Against Motion:          Nil

C1217 Item 13    Reporting of Code of Conduct Statistics

Motion:     (Byrne/Macri)

THAT Council receives and notes this report.

Motion Carried

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

Against Motion:          Nil

C1217 Item 14    Notice of Motion: Tempe Station Access

Motion:     (Byrne/Macri)

THAT Council writes to the NSW Minister for Transport and Infrastructure, Mr Andrew Constance, calling on the NSW Government and Sydney Trains to:

Immediately construct an at level footpath from number four platform at Tempe Railway Station to Griffiths Street Tempe so as to improve access to Tempe Railway Station.

Motion Carried

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

Against Motion:          Nil

C1217 Item 15    Notice of Motion: New Timetable

Motion:     (Byrne/Macri)

THAT Council writes to the NSW Minister for Transport and Infrastructure, Mr Andrew Constance, calling on the NSW Government and Sydney Trains to:

Immediately review the new T3 Bankstown Rail timetable to restore the long-standing rail link between Marrickville and St Peters during peak periods.

Motion Carried

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

Against Motion:          Nil

C1217 Item 18    Notice of Motion: Investigating Feasibility of an Inner West Council Solar Farm

Motion:     (Byrne/Macri)

THAT the General Manager, investigate the requirements for a feasibility study into:

a)   The business case for Inner West Council to invest in a solar farm to offset Council’s electricity consumption across facilities and operations; and

b)   Options to share investment and return / savings with the community, including direct community investment and / or savings passed on through rates discounts.

Motion Carried

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

Against Motion:          Nil

C1217 Item 20    Notice of Motion: Support for Balmain Para Rowing Group

Motion:     (Byrne/Macri)

THAT Council writes to the Office of Environment and Heritage seeking permission for the Balmain Para Rowing Group to use Palm Court Ward A as the site for their new rowing facility.

Motion Carried

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

Against Motion:          Nil

C1217 Item 21    Notice of Motion: Arts and Music Inquiry

Motion:     (Byrne/Macri)

THAT Council make a submission to the Inquiry into the Music and Arts Economy in New South Wales.

Motion Carried

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

Against Motion:          Nil

C1217 Item 3      Support for Make Renting Fair Campaign and Sydney Alliance's Affordable Rental Housing Campaign

Motion     (Drury/Byrne)

1.            THAT Council:

2.             

1.         Actively join the:

3.         

(a)  NSW Make Renting Fair campaign; and

4.                        (b) Sydney Alliance’s affordable renting housing campaign.

5.             

6.            2. Publicise our participation in these campaigns.

Motion Carried

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

Against Motion:          Nil

C1217 Item 8      Local Participatory Democracy at Inner West

Motion: (McKenna OAM/Byrne)

THAT:

1.      This item be deferred to a Councillor Briefing in February 2018;

2.      The briefing include further information on how Council will engage with:

a.    Multicultural communities;

b.    Access committees and business committees and other committees that may be determined by Council;

c.    Faith based communities;

d.    strategic reference groups on research including a process for policy matters to be referred to the SRGs by resolution of Council and recommendations to be reported back;

e.    Seniors; and

f.     Members of former facilities committees.

3.      The Strategic Reference Groups continue in the interim;

4.      The briefing be widened to include an overview and assessment of all Committees that were up and functioning as part of the democratic structure of the 3 councils - Leichhardt, Ashfield and Marrickville up until they were forcibly amalgamated in May 2016. These Committees include but are not limited to the Access Committees, Youth and Senior Councils, Environment and Recreation, Heritage and Bicycle Committees.

Motion Carried

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

Against Motion:          Nil

C1217 Item 11    WestConnex Update Report

Motion: (Lockie/Hesse)

THAT Council:

1.       Receives and notes this report;

2.       Writes to Sydney Motorway Corporation (SMC) in relation to M4 East residual lands and the Urban Design & Landscape Plan (UDLP) Updated Appendix F: Noise barrier location sub-plan seeking:

(a)     confirmation that residents of Walker Avenue, Haberfield and immediate surrounds prefer Roads & Maritime (RMS)-owned dwellings at 18 & 20 Walker Avenue be put to residential rather than community use;

(b)     a cash contribution for upgrading of Council community facilities in the Haberfield town centre in lieu of ownership or use of dwellings for community purposes, if it is confirmed that local residents prefer residential use of these dwellings;

(c)     a commitment to early provision of operational traffic noise barriers or other noise amelioration to properties on the eastern side of Wattle Street / Dobroyd Parade between Ramsay and Waratah Streets and to properties at 14 to 24 Wattle Street, Haberfield to protect residents against construction noise. 

3.       Writes to RMS to:

(a)          express opposition to any impact by WestConnex Stage 3 (M4-M5 Link) on any park or other publicly-accessible open space area;

(b)          refuse concurrence to proposed compulsory acquisition for WestConnex of            parcels of land at: Buruwan Park, North Annandale; intersection of        Johnston Street and The Crescent, North Annandale; and King George Park    at intersection of Victoria Road and Byrnes Street, Rozelle; and

(c)          seek alternative design solutions that result in there being no impact on the    abovementioned parks and open space areas.

4.       Writes to RMS and SMC (New M5) stating it does not support occupation of a further two netball courts at Tempe Reserve (taking the number of courts occupied from three to five), acknowledging that RMS can use its powers under the Roads Act to take this action;

5.       Writes to the Minister for Roads expressing its opposition to the Western Harbour Tunnel and Beaches Link project as part of its overall position of opposing inner-Sydney motorways and preference for public transport options.

6.       Provide $800 in funding for a community anti-WestConnex protest that was held along Victoria Road, Rozelle on the morning of 12 December 2017.                               

7. Officers recommendation 2 C) that Council: Seek a commitment to early provision of noise barriers or noise amelioration to properties on the eastern side of Wattle Street/Dobroyd Parade between Ramsey and Waratah Street; AND

8. That Council seek same early provision of operation noise barriers, or other noise amelioration to include:

a.      All properties along the western side of Wattle Street, Haberfield                                between Parramatta Road and Ramsey Street (not just 12-24 Wattle                   Street, ending at Ash             Lane), - and all on the Western Side of (Wattle                 Street/ Dobroyd Parade).

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Raciti

C1217 Item 16    Notice of Motion: Bikes Inner West Council

Motion:     (Drury/Hesse)

THAT in order to progress the expansion of the Inner West Bike Route Network Council:

1.       Establish a Bicycle Working Group with Councillors, local bicycle groups and interested community members;

2.       Nominate a staff member to be a project manager for bike  projects;

3.       Work out a better way of balancing the competing needs of our road network;

4.       Establish a budget for bike projects for the next three years; and

5.       Appoint an Inner West Bicycle Coalition representative on the IWC Traffic Committee.

Motion Carried

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

Against Motion:          Nil

Motion (Byrne/McKenna OAM)

That standing orders be resumed.

Motion Carried

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

Against Motion:          Nil

C1217 Item 1      Draft Greater Sydney Region Plan and Revised Draft Eastern City District Plan - Greater Sydney Commission

Motion (McKenna OAM/Byrne)

THAT Council:

1.       Receive and note the Report;

2.       Adopts the proposed responses in this Report;

3.       Prepare a submission to the Greater Sydney Commission based on the contents of this Report;

4.         Write to Google seeking a meeting to discuss Google’s previous proposal to           establish their headquarters at the White Bay Power Station site with the aim of        overcoming the accessibility and public transport deficiencies which resulted in   the deferral of those plans; and

5.         Make reference to questions on how this plan is going to be funded to achieve        the desired outcomes of the plan.

Motion Carried

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

Against Motion:          Nil

Amendment (Da Cruz/Kiat)

THAT Council:

1. Remove references to Parramatta Road Urban Transformation Strategy and extending the Camperdown-Ultimo Biomedical hub from the submission;
   
   
2. Amend Response 12 into two separate responses - one in relation to the Refugee Welcome Centre in Callan Park and the other in relation to the Aboriginal Communities. The later should be drafted in conjunction with the appropriate staff in council;
   
   
3. The submission needs to include the following items which have been overlooked in the Plans:

1. The transition to distributed energy generation and supply in particular in    relation to private local photovoltaic solar energy generation and the necessary infrastructure to for example support urban community solar farms;

2. Improving the amenity for passengers at bus stops by providing better pedestrian access, reducing air and noise pollution, providing shade from sun, shelter from rain and information such as bus routes and timetables   both digitally and at the bus stop;

3. Reducing noise pollution from aircraft and motor vehicles on homes, schools, restaurants, cafes and public open spaces including footpaths;

4. The expansion and provision of frequent rail services and inter-region high speed rail services;

5. On Pg 13 - with regard to schools and childcare - these need to be accessible by good pedestrian, cycling and public transport infrastructure;

6. Either define an additional glossary or use the Greater Sydney Commission’s glossary to define Public/Open/Green spaces and Public/Mass/Active Transport;

7. Transition to electric buses - including the necessary infrastructure for recharging;
   
   
8. Public Transport and night time pedestrian amenity play a vital role in the night time economy to enable workers and patrons to get to and from venues; and

9. With regard to the cruise terminals, particularly the one at White Bay, shore             power is required.

Motion Lost

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

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

C1217 Item 2      Review of State Environmental Planning Policy No. 1 - Development Standards and State Environmental Planning Policy (Miscellaneous Consent Provisions) 2007

Motion (Byrne/Drury)

THAT:

1.       The report be received and noted; and

2.       Council endorse the draft submission in ATTACHMENT 1 to this report to be forwarded to the Department of Planning and Environment.

Motion Carried

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

Against Motion:          Nil

C1217 Item 4  Permitting dogs in Pubs in the Inner West

Motion (Byrne/Drury)

THAT Council:

1. Publicly exhibit a proposed amendment to the 2017/2018 Fees and Charges to provide for full fee waivers for Development Applications (and associated modifications), footpath use applications and any lease fees associated with establishment of new low-impact ‘Dog-Welcome Zones’ (only) in outdoor areas such as footpath dining, courtyards or beer gardens, where a premises does not currently have such an area;

2. Provide a further report to Council outlining the outcomes of the application fee waiver public exhibition process at its completion; and

3. Publishes a plain English Comprehensive guide to Commercial Footpath Occupation on its website to encourage and assist businesses to apply for licenses to occupy and enliven these public spaces without negatively impacting pedestrian amenity. The guide is to include Council’s policy(s), scale of occupation, application fees, lease charges, relevant legislation and other requirements that the businesses need to comply with including Food Safety, Licensing, Work Place Health and Safety, Public Liability and Pedestrian Amenity.

Motion Carried

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

Against Motion:                    Crs Da Cruz and Porteous

Foreshadowed Motion (Da Cruz/Porteous)

THAT:

1.         There be no fee waivers; and

2.         Council publishes a plain English Comprehensive guide to Commercial Footpath Occupation on its website to encourage and assist businesses to apply for licenses to occupy and enliven these public spaces without negatively impacting pedestrian amenity. The guide is to include Council’s policy(s), scale of occupation, application fees, lease charges, relevant legislation and other requirements that the businesses need to comply with including Food Safety, Licensing, Work Place Health and Safety, Public Liability and Pedestrian Amenity.

This Foreshadowed Motion lapsed.

C1217 Item 7      Schedule of Ordinary Council Meetings for 2018

Motion     (Drury/Macri)

7.             

8.            THAT:

9.             

1.         Council hold Ordinary Council Meetings for 2018 at the Ashfield Service Centre commencing at 6.30pm on the dates shown in the Meeting Schedule in the report, and publish these dates on Council’s Website; and

10.           

2.         The General Manager in consultation with the Mayor consider holding Council Meetings other venues in the Council area if there is a significant reason.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Iskandar, Macri, McKenna OAM, Passas, Raciti, Steer and York

Against Motion:          Crs Hesse, Kiat, Lockie and Porteous

Amendment (Hesse/Steer)

THAT Council build a new Council Chambers at the Petersham Service Centre and move Council meetings to Petersham once this is complete.

Motion Lost

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

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

Foreshadowed Motion (Porteous/Da Cruz)

THAT the Meeting Schedule of dates and times as outlined in the report be adopted, however in order to enable community members to be able to attend at least some Council Meetings which are accessible to them over the calendar year the location of Council Meetings be shared  across the 3 council areas of Leichhardt, Ashfield and Marrickville either in the relevant Council Chambers or town halls. 

This Foreshadow Motion lapsed.

C1217 Item 9      Quarterly Budget Review Statement at 30 September 2017

Motion: (Drury/McKenna)

THAT:

1.   The report be received and noted; and

2.   Council approves the budget adjustments required.

Motion Carried

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

Against Motion:          Nil

Absent:                                  Cr Macri

C1217 Item 10    Inner West Council Brand Development

Motion: (McKenna OAM/Byrne)

THAT Council:

1. Establish a panel of nine people (membership to include nominated Councillors and the Mayor, Council officers and relevant community members identified collaboratively by those Councillors and Council officers) to determine the specifications for a public logo design competition;

Nominated Councillors:

2. Include in the specifications for the logo design competition elements reflective of the past, present and future of the local community’s character;
3. Will, through the committee, identify appropriate levels of funding for the competition, including prize money; and
4. Requests a further report to be brought back to Council, following the conclusion of the design competition, outlining the specifications for the branding process.

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, McKenna OAM and York

Against Motion:          Crs Da Cruz, Hesse, Kiat, Lockie, Macri, Passas, Porteous, Raciti and Steer

Foreshadowed Motion (Macri/Porteous)

THAT Council defer this item for 6 months.

Motion Carried

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

Against Motion:          Crs Byrne and Drury

C1217 Item 17    Notice of Motion: Use of Infrastructure SEPP

Motion:     (Porteous/Da Cruz)

THAT where council needs development approval for development on substantial development on publically owned land or property it must not use the Infrastructure SEPP to achieve this. The Infrastructure SEPP does not allow for adequate public scrutiny and community consultation. Instead all of Council’s development proposals on publically owned land must be assessed through a full development application process. 

Motion Lost

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

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

C1217 Item 19    Notice of Motion: Shade Sails

Motion:     (Byrne/Drury)

THAT Council:

1.            Officers report on the suitability and rank the priority of the following playgrounds for installation of shade sails, to be considered in the preparation of the 2018/19 Budget:

2.            Have a review of all playgrounds in the LGA for the prioritisation of the installation of shade sails in preparation for the 2018/19 budget.

Motion Carried

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

Against Motion:          Nil

Motion (Passas/Raciti)

That Council move into Confidential session to consider Items of business containing Confidential Information.

Motion Carried

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

Against Motion:          Nil

Members of the public were asked to leave the Chamber.

C1217 Item 23    General Manager's Contract of Employment

Motion (McKenna OAM/Iskandar)

THAT Council extends the General Manager’s current contract of employment for a period of twelve (12) months on the same remuneration package. All other terms and conditions will be in accordance with the Office of Local Government Standard Contract of Employment for General Managers of Local Councils in New South Wales.  In relation to Schedule A – Council Policies, the following will apply:- all Inner West Council policies that apply to all staff, including IWC Leaseback Motor Vehicle policy.   

Motion Carried

For Motion:                 Crs Byrne, Drury, Hesse, Iskandar, Macri, McKenna OAM, Passas, Raciti, Steer and York

Against Motion:          Crs Da Cruz, Kiat, Lockie and Porteous

C1217 Item 24    Lambert Oval Lease

Motion (McKenna OAM/Iskandar)

THAT:

“A.    Council agrees to vary the existing lease with APIA Leichhardt Tigers Football Club Inc (“APIA”) so as to achieve the following outcomes:

1.     The term of the initial lease is extended by 6 months (ie. to 31 March 2020);

2.     The date for payment of sinking fund payments is varied to 31 March each         year (including 31 March 2020 and any March within a hold over or                     renewal lease period); and

3.     APIA is to pay Council $22,500 upon the date the lease comes to an end             (whether that end date occurs during an initial period, a hold over period or        a renewal period) to reflect the additional 6 months use permitted under              paragraph 1 above and the payment deferral permitted by paragraph 2.

B.     The General Manager is authorised to negotiate the variation to the lease to                implement the above.”

Item A3 is intended to ensure that Council is no worse off as a result of the payment deferral.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Raciti

C1217 Item 25    Request for Information on the Process for Initiating a Public Inquiry and Holding a Plebiscite

Motion   (McKenna OAM/Iskandar)

11.          THAT Council provide a public statement about the legal advice on the process for initiating a public inquiry and holding a plebiscite on de-amalgamation.

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas and York

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

Absent:                                  Cr Raciti

C1217 Item 26    Legal Advice on Challenges to Westconnex

Motion: (McKenna OAM/Iskandar)

THAT Council receive and note this report.

Motion Carried

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

Against Motion:          Nil

Absent:                                  Cr Raciti

Council Meeting

13 February 2018

SUMMARY

The purpose of this report is to seek endorsement of the attached submission to the Department of Planning and Environment (DPE) supporting a proposed amendment to State Environmental Planning Policy No. 70 - Affordable Housing (Revised Schemes) (SEPP 70) to include the Inner West local government area (LGA) in SEPP 70.  It also advises on the next steps to be taken to utilise the amendment to help secure more affordable housing.

The inclusion of Inner West Council in SEPP 70 is supported as it will provide a legal mechanism to enable Council to require affordable housing contributions in association with development enabled by Planning Proposals that amend Local Environmental Plans (LEPs).

Council had previously written to DPE seeking inclusion in SEPP 70 and submitted supporting evidence on the need for affordable housing in Council’s area. 

RECOMMENDATION

THAT Council:

1.       Support the inclusion of the Inner West LGA in SEPP 70;

2.       Endorse Council's Strategic Planning Group to work with the DPE to develop proposals for affordable housing contribution schemes under SEPP 70 to implement Council’s Affordable Housing Policy;

3.       Endorse Council's Strategic Planning Group to require affordable housing contribution schemes to support Planning Proposals to amend relevant LEPs in accordance with the aims of Council’s Affordable Housing Policy; 

4.       Request that the DPE provides guidance to councils on the process and information requirements to be addressed in preparing an affordable housing contribution scheme; and

5.       Request Council's Strategic Planning Group to report back to Council on discussions with DPE on the implementation of Council’s Affordable Housing Policy and the potential need for changes to the Policy to optimise the outcomes that can be achieved utilising SEPP 70.

1.⇩

Inner West Draft Council Submission SEPP 70

2.⇩

DPE SEPP 70 Explanation of Intended Effects

3.⇩

DPE SEPP 70 Frequently Asked Questions

Council Meeting

13 February 2018

Council Meeting

13 February 2018

Council Meeting

13 February 2018

Council Meeting

13 February 2018

SUMMARY

Council has received a Planning Proposal seeking to make major amendments to the Ashfield Local Environmental Plan (LEP) 2013 for Land Use zoning, Maximum Height of Buildings and Maximum Floor Space Ratio (FSR) development standards as described in the report.

The proposal was put on preliminary community consultation in accordance with the policy of the former Ashfield Council, so that Council may take submissions into consideration upfront as part of the process of determining whether to support the Planning Proposal.

345 submissions have been received including 310 objections. A Strategic Merit assessment has been carried out against the “Planning Proposal Guidelines” prepared by the Department of Planning and Environment and it is considered the Proposal fails that test. It is also significantly inconsistent with the Ashfield Urban Planning Strategy 2010 and recommendations of the Parramatta Road Corridor Urban Transformation Strategy. The Proposal should not be supported.

RECOMMENDATION

THAT:

1.       Council not support the Planning Proposal for the reasons given in the report, including that:

a)      It fails the Strategic Merit test of the Planning Proposal Guidelines pursuant to Section 55(3) of the Environmental Planning and Assessment Act;

b)      It is inconsistent with the local council strategy being the Ashfield Urban Planning Strategy 2010;

c)      It is inconsistent with the Parramatta Road Corridor Urban Transformation Strategy and the recommended Land Use Zoning and Maximum Height of Buildings and Maximum Floor Space Ratio standards, and outside the staging period for development for 2016-2023;

d)      A significant part of the affected land is outside the Frame Area of the Implementation Plan of the Parramatta Road Corridor Urban Transformation Strategy for redevelopment of land, and is not part of any local strategy;

e)      It is inconsistent with Section 117 Direction – Clause 7.3 (4), in that it does not comply with the recommendations of the Parramatta Road Corridor Urban Transformation Strategy, and has not produced a “better outcome” pursuant to Section 117 Direction 7.3 (5);

f)       It will lead to a substantial loss of employment and urban services generating land;

g)       It will lead to a substantial adverse impact on the character of the local area due to its significantly excessive height and density, and will have an adverse social impact as demonstrated by the significant amount of objections to the proposal; and

h)       Support of the application would cause an adverse precedent and be contrary to the orderly development of land and the objectives of the Environmental Planning and Assessment Act.

2.       Should the proponent request a Rezoning Review by the NSW Department of Planning and Environment, delegation is given to the Group Manager of Strategic Planning to lodge a submission to the review process in accordance with this report and Council’s resolution.