Extraordinary Council Meeting

3 July 2018

 

 

Minutes of Extraordinary Council Meeting held on 3 July 2018

 

Meeting commenced at 6.35pm

 

 

Present:

Darcy Byrne

Julie Passas

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Victor Macri

Rochelle Porteous

John Stamolis

Louise Steer

Anna York
Rik Hart

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Councillor

Councillor (6.42pm)

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

General Manager

Deputy General Manager Assets and Environment

John Warburton

Deputy General Manager Community and Engagement

John Stephens

Cathy Edwards-Davis

Joe Strati

Ian Naylor

Katherine Paixao

Traffic and Transport Services Manager

Group Manager Trees, Parks and Sports Fields

Group Manager Legal Services

Manager Civic and Executive Support

Business Paper Coordinator (Minute Taker)

 

 

APOLOGIES:    

 

Motion: (Passas/Hesse)

 

THAT leave of absence be granted for Clr Lockie, apologies for Clr Raciti and apologies for lateness from Clr McKenna OAM be accepted.

 

Motion Carried

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

Against Motion:          Nil

 

 

DISCLOSURES OF INTERESTS:          Nil

 

Suspension of Standing Orders

 

Motion : (Passas/Hesse)

 

THAT Council Suspend Standing Orders to allow a member of the public to address the Council Meeting on an issue not on the agenda for 3 minutes.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor McKenna OAM entered the Meeting at 6:42 pm.

 

Resumption of Standing Orders

 

Motion: (Passas/York)

 

THAT Standing Orders be resumed.

 

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 1      Banners, Flags and Temporary Signage Policy

Motion: (Stamolis/Kiat)

 

THAT prior to public exhibition, the policy be amended:

1.     To emphasise that one of the purposes of the policy is to support community organisations to have access to banners, flags and temporary signage, for communication and promotion of their activities;

2.    Redraft section 7 to include the following intended effect

a.     The banner, flags and signs are a service of council to the community and are appropriately used by local not-for-profit & community organisations. 

b.     The Communications team will allocate sites as per calendar availability. 

c.     Fees for placing the banners, signs, flags are waived for local NFP community groups, with consideration of covering all or part of the cost of banner production.

d.     Council should receive a quarterly report identifying which organisations accessed the service and the cost of same in terms of fees waived and banner production costs paid by Council.  

e.     Business use of the banner, sign, or flag service will be by Council resolution only. 

3.    To alter the requirement in section 3 for approval for placing banners/signs at sites   
not listed in the policy. Suggested wording:

a.     Delete: “Banners and signs may not be placed sites that are not listed above without prior written approval from the Group Manager Communications, Engagement and Events.”

b.     Insert: “Council officers placing banners or signs at sites not listed above should obtain approval to do so from their Service Unit Group Manager. The Group Manager Communication, Engagement and Events should be notified, and advice should be sought if there is a risk of visual pollution or conflicting banners/signage in a locality.”

4.    To alter the requirement in section 4 for approval for banner design. Suggested
  wording:

a.    Delete: “Banner design must be approved by Inner West Council Communications team prior to production to ensure it meets Council’s brand guidelines. Approval is required for all designs, even if banners and temporary signage have been used previously.”

b.    Insert: “Prior to submitting banner design to the Communications team, Council staff should consider relevant guidelines as issued by the Communications team and seek advice and assistance as required.”

5.     To clarify the OHS requirement in section 6, in relation to banners/signs at sites
 where no height equipment is required. Suggested wording: 

a.     After: “To minimise risks to staff and the general public, only approved Council staff may hang banners, flags and temporary signage.” Insert: “Group Managers should communicate with their staff regarding approval to place banners or signs, in which locations, and the OHS requirements to be followed. This approval may be general in nature, mindful of the level of OHS risk.”

6.     Delete section 9.

 

Motion Carried

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

Against Motion:          Cr Passas

 

C0718 Item 2      Local Traffic Committee Meeting held on 5 June 2018

Motion: (Drury/McKenna OAM)

 

THAT the Minutes of the Local Traffic Committee Meeting held on 5 June 2018 be received and the recommendations be adopted.

 

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 3      Councillor Expenses and Facilities Policy

Motion: (Kiat)

 

THAT prior to exhibition, the policy be amended to clarify that as well as membership to professional bodies, the Professional Development budget (total $5000) includes relevant paper or electronic subscription services (e.g. newspapers, newsletters, journals, circulars). 

o   Suggested wording: insert new clause between 6.25 and 6.26 “6.26 Subscription services may be covered where they provide access to information and analysis that are relevant to a Councillor’s civic duties. Eligible subscription services may include, but are not limited to, paper or electronic access to newspapers, newsletters, journals or circulars.”

 

The Mayor ruled this motion out of order, as Council has previously rescinded the substance of this motion at the Council Meeting on 24 April 2018 and Section 372(5) of the Local Government Act requires that there be a 3 month period before a previously rescinded motion can be put again.

 

Motion: (Byrne/Stamolis)

 

THAT Council:

 

1.       Amend Clause 8.5 of the Policy to remove the requirement to have a resolution of Council to approve a request for reimbursement of legal expenses prior to incurring these expenses;

 

2.       Place the Amended Policy on public exhibition for 28 days;

 

3.       Receive a further report on any submissions received during the public exhibition period;

 

4.       Remove the provision for overseas travel from the Policy;

 

5.       Combine the 2 categories; Professional development and conferences and   seminars to provide $6000 per councillor per year;

 

6.       Consolidate the carers expenses to $45,000 to be used across all councillors as     needed; and

 

7.       To provide a quarterly update of total actual expenditure versus facilities budget.

 

 

Amendment (Passas/Stamolis) 

 

THAT the legal assistance (section 8) of the Councillor Expenses and Facilities Policy be reviewed by an independent legal firm.

 

Motion Lost

For Motion:                 Crs Hesse, Passas, Porteous, Stamolis and Steer

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

 

Amendment (Stamolis/Hesse)

 

THAT Council:

 

1.    Combine the 2 categories Professional development and conferences and seminars to provide $6000 per councillor per year.

 

Motion Carried

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

Against Motion:          Nil

 

 

As the amendment was carried, it was included as part of the primary motion.

 

2.    Consolidate the carers expenses to $45,000 to be used across all councillors as needed.

 

Motion Carried

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

Against Motion:          Nil

Abstained:                   Cr York

 

As the amendment was carried, it was included as part of the primary motion.

 

3.    To provide a quarterly update of total actual expenditure versus facilities budget.

 

Motion Carried

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

Against Motion:          Cr McKenna OAM

 

As the amendment was carried, it was included as part of the primary motion.

 

Amendment (Hesse/Passas)

 

THAT Council remove the provision for overseas travel from the Policy.

 

Motion Carried

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

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

 

As the amendment was carried, it was included as part of the primary motion.

 

ADJOURNMENT

 

7.39pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

7.44pm– The Mayor, Clr Byrne resumed the meeting.

 

Councillors Da Cruz, Hesse and Iskandar re-entered to the Meeting at 7:46 pm.

 

C0718 Item 4      Local Government Remuneration Tribunal Determination for 2018-19

Motion: (McKenna OAM/Da Cruz)

 

THAT:

 

1.    The remuneration for the Mayor and Councillor Fees for the Inner West Council be           set at the maximum rates set by the Local Government Remuneration Tribunal.

 

2.    Council write to the Minister of Local Government, the Office of Local Government           and the Local Government Remuneration Tribunal regarding concerns and       inconsistencies with Councillor remuneration.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas

 

Councillor Passas re-entered to the Meeting at 7:52 pm.

 

C0718 Item 5      Delegations to the General Manager - Contracts

Motion: (York/Drury)

 

THAT:

 

1.    The information be received and noted and that Council delegate to the General Manager power to enter into contracts up to $1,500,000; and

 

2.    Information on tenders issued and awarded under delegations by the General Manager be reported to Council for information only at the next possible council meeting.

 

Motion Carried

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

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

 

Amendment (Porteous/Stamolis)

 

THAT point 1 be replaced with “the information be received and noted and that Council delegate to the General Manager power to enter into contracts for tenders be up to $500,000”

 

Motion Lost

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

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

 

Foreshadowed Motion (Kiat)

 

THAT Council delegate to the General Manager the power to enter into contracts except those for which Council must invite tenders as per the Local Government Act.

 

This Foreshadowed Motion lapsed. 

 

C0718 Item 6      Investment Report as at 31 May 2018

Motion: (Drury/McKenna OAM)

 

THAT the report be received and noted.

 

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 7      Notice of Motion to Rescind: C0518 Item 1 Richard Murden Reserve - Provision of Three Netball Courts - 22 May 2018 Council Meeting

Motion: (Macri/Passas)

 

THAT the resolution of the 22 May 2018 Council Meeting with respect to Item 1 Richard Murden Reserve - Provision of Three Netball Courts, be rescinded.

 

Motion Lost

For Motion:                 Crs Macri and Passas

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

 

C0718 Item 8      Notice of Motion: Heritage Pub Protections

Motion: (Byrne/Stamolis)

 

THAT Council:

 

1.   Provide information on which pubs in the Inner West Council local government area have heritage protection and which do not;

2.   Identify a program for an investigation into which pubs in the area have the highest architectural, historical and social heritage and are most in need of further heritage protection; and

3.   Liaise with architectural schools and departments to enquire whether they would be interested in carrying out pro bono heritage assessments as a study of this niche area of Sydney history.

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 9      Notice of Motion: Street Libraries

Motion: (York/Steer)

 

THAT a response be prepared for Council’s consideration regarding Council’s potential to support street libraries across the Inner West.

 

Motion Carried

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

Against Motion:          Cr Passas

 

C0718 Item 10    Notice of Motion: Ann Cashman Reserve 30 year Commemoration

Motion: (Porteous/Byrne)

 

THAT:

 

1.   Council installs a new plaque with, if possible, a photo of Mayor Ann Cashman at the Ann Cashman Reserve, Balmain;

 

2.   The unveiling of the new plaque take place together with a tree planting and a community BBQ to celebrate the 30th anniversary of the establishment of the Ann Cashman Reserve close to the September anniversary date; and 

 

3.   The funds for the above be identified in the next quarterly budget review.

 

Motion Carried

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

Against Motion:          Cr Passas

 

C0718 Item 11    Notice of Motion: Increase in Court Appeals since Merger

Motion: (Stamolis/Byrne)

 

THAT:

 

1.    Council report on the increase in appeals to the Land and Environment Court since the Council merger.  The report should identify the reasons for the increase (as well as the potential for further increase), the additional costs and resources impacting on Council and it should address ways to best respond to the increase in appeals; and

 

2.    The Inner West Planning Panel be required to report to Council every 6 months to identify any policy issues.

 

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 12    Notice of Motion: Expand Waste Booking Services

Motion: (Passas/Byrne)

 

THAT Council provide advice on options for assisting residents without access to  vehicles to be able to make use of e-waste and chemical disposal service. This should include an assessment of the most cost effective model and any external organisations can assist with the coordination of the service.

 

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 13    Notice of Motion: Reopening Balmain West Ferry Wharf

Motion: (Byrne/Stamolis)

 

THAT Council:

 

1.   Write to the Premier of NSW and the Minister for Transport requesting that, in recognition of the potential isolation of the Balmain Peninsula due to the construction of WestConnex and other nearby State Government projects, as well as growing travel demand associated with new residents now moving into the former Nutrimetics site, they instruct Sydney Ferries to immediately reintroduce regular ferry services to Balmain West/Elliott Street; and

2.   Write to Sydney Ferries and Transport for NSW requesting that, in recognition of the potential isolation of the Balmain Peninsula due to the construction of WestConnex and other nearby State Government projects, as well as growing travel demand associated with new residents now moving into the former Nutrimetics site, they instruct Sydney Ferries to immediately reintroduce regular ferry services to Balmain West/Elliott Street.

Motion Carried

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

Against Motion:          Nil

C0718 Item 14    Notice of Motion: Supporting the Welcome Choir

Motion: (Byrne/Hesse)

 

THAT Council:

 

1.   Requests the Group Manager of Community and Cultural Services to report on how a partnership between Council and the Welcome Choir could operate to assist the Choir to expand across the Inner West Local Government Area;

2.   Officers advise the Welcome Choir of the Community Grants Program currently open for application and invite Choir representatives to Grants Information and Assistance sessions; and

3.   Promote participation in the Welcome Choir to the Inner West community through all regular Council communications channels including community development networks

Motion Carried

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

Against Motion:          Nil

 

C0718 Item 15    Notice of Motion: Improving Cyclist and Pedestrian safety on State Roads in the Inner West LGA.

Motion: (Da Cruz/Hesse)

 

THAT:

 

1.    The Mayor write to NSW Minister for Roads and Maritime Services noting the

          announcement of funding to increase liveability and safety in urban communities           through infrastructure safety upgrades for pedestrians, cyclists and other road                    users and requesting improvements on State Roads through Residential,                         Educational, Child Care, Recreational and High Pedestrian Activity locations in               the Inner West LGA;

 

          In particular a reduction in the motor vehicle speeds and improvements in                        pedestrian and cyclist safety including the reduction of motor vehicle speeds on             State Roads in the LGA in particular the following:

 

a)   The City West Link;

 

b)   James Street/Darley Road; at Norton Street; at Balmain Road and Catherine Street and the Crescent on City West Link;

 

c)   Victoria Road and in particular at the crossings at Robert Street, Evans Street and Darling Street, Rozelle;

 

d)   James St, Darley Road, Foster and Tebbutt Street, Leichhardt including safe crossing points;

 

e)   Liverpool Road from Elizabeth Street to Frederick Street, Ashfield;

 

f)    Frederick Street, Ashfield;

 

g)   Johnston Street, Annandale in particular at Parramatta Road, Booth Street, the Crescent, Annandale Public, Annandale North Public School and Collins Street;

h)   The Crescent, Annandale including intersection with City West Link and Johnston Street;

 

i)    The major public transport corridor on Parramatta Road from Mallet Street, Annandale to Croydon Road, Croydon; and

 

2.   Further that the General Manager request the RMS to carry out an audit of roadside noise and air pollution at the above locations.

 

Motion Carried

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

Against Motion:          Nil

 

Councillors Macri and Passas retired from the Meeting at 9:06 pm.

 

Councillor Porteous requested that the meeting consider an Urgency Motion with regards to  Real Bodies: The Exhibition.

 

Motion: (Porteous/Steer)

 

THAT the motion be considered as a matter of urgency.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Macri and Passas

 

The Mayor declared this matter was urgent.

 

Urgency Motion - Real Bodies: The Exhibition

 

Motion: (Porteous/Steer)

 

THAT:

 

1.    Council does not run an excursion to Real Bodies: The Exhibition as a part of the school holidays activities program and, if possible, an alternative excursion be offered in its place; and

 

2.    The Mayor urgently write to the Federal Minister for the Arts requesting that he require the exhibitors to provide valid documentation to prove the bodies origins and consent from the deceased and their family members.

 

Motion Lost

For Motion:                 Crs Hesse, Kiat, Porteous, Stamolis and Steer

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

Absent:                        Crs Macri and Passas

 

 

 

Meeting closed at 9.25 pm.

 

 

Public Speakers:

 

 

Item #

 

Speaker             

Suburb

Urgency Motion

Emmy Pfister

Carlingford