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Council Meeting 26 February 2019 |
Minutes of Ordinary Council Meeting held on 26 February 2019
Meeting commenced at 6.35 pm
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Present: |
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Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Rochelle Porteous John Stamolis Louise Steer Anna York Rik Hart Elizabeth Richardson |
Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6.44pm) Councillor Councillor Councillor Chief Executive Officer General Manager Deputy General Manager Assets and Environment |
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Michael Tzimoulas |
Deputy General Manager Chief Financial and Administration Officer |
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John Warburton |
Deputy General Manager Community and Engagement |
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Nellette Kettle
Annette Morgan Cathy Edwards-Davis Harjeet Atwal
Wal Petschler David Birds Jan Orton Brooke Martin Ian Naylor Katherine Paixao |
Group Manager Customer Service, Business Excellence and Civic Governance Group Manager Children and Family Services Group Manager Trees, Parks and Streetscapes Group Manager Development Assessment and Regulatory Services Group Manager Roads and Stormwater Group Manager Strategic Planning Group Manager Environment and Sustainability Group Manager Properties, Major Building Projects and Facilities Manager Civic and Executive Support Business Paper Coordinator |
APOLOGIES:
Motion: (Byrne/Passas)
THAT apologies for Clr Raciti and lateness from Clr Porteous be accepted.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Stamolis, Steer and York
Against Motion: Nil
DISCLOSURES OF INTERESTS:
Clr Lockie declared a non-Significant, non-Pecuniary interest in Item 19 Pill Testing as she is currently working for a client that advocates for drug reform and pill testing.
Motion: (Byrne/Hesse)
That council note the disclosure of interest.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Stamolis, Steer and York
Against Motion: Nil
CONFIRMATION OF MINUTES
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THAT the Minutes of the Council Meetings held on Tuesday, 11 December 2018, Tuesday, 5 February 2019, and Tuesday,12 February 2019 be confirmed, subject to the following amendments.
- 11 December 2018 - Item 45 - record Clr Kiat voting against the carried motion;
- 11 December 2018 - Item 48 - record Clrs Da Cruz and Porteous voting against the carried motion; and
- 12 February 2019 - Item 24 – record Clr Lockie voting for and Clr Porteous voting against the carried motion. |
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Stamolis, Steer and York Against Motion: Nil |
Councillor Porteous entered the Meeting at 6:44 pm.
Councillor Passas left the Meeting at 7:13 pm.
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THAT Council:
1. Submit a tender for Globe Wilkins Preschool on the same terms as previously committed to through the EOI process; and
2. Write to the relevant Minister and Department Secretary requesting that the tender process not be rushed through for political reasons prior to the State election and seeking clarification about the timeline.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas |
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THAT Council:
1. Write to the Minister for Roads, Maritime and Freight thanking the State government for agreeing to transfer care, control and management of Lewis Herman Reserve to Council, to allow the creation of a new public park;
2. Proceed to report the draft Plan of Management for Lewis Herman Reserve to Council; and
3. Prepare a Masterplan for Lewis Herman Reserve, in consultation with the community.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas |
Suspension of Standing Orders
Motion: (Byrne/Macri)
THAT Council Suspend Standing Orders to hear from all registered speakers.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Iskandar, Macri, McKenna OAM, Passas and York
Against Motion: Crs Hesse, Kiat, Lockie, Porteous, Stamolis and Steer
Absent: Cr Passas
Foreshadowed Motion (Porteous)
THAT Council Suspend Standing Orders and bring forward all items with registered speakers which are Items 1, 2, 7, 8, 16, 18 and 23.
This Foreshadowed Motion Lapsed.
Councillor Passas returned to the Meeting at 7:20 pm.
Councillor Passas left the Meeting at 7:26 pm.
Councillor York left the Meeting at 7:42 pm.
Councillor York returned to the Meeting at 7:45 pm.
Councillor Passas returned to the Meeting at 7:45 pm.
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THAT:
1. Council resolve to publicly exhibit the proposed draft amendments to each Development Control Plan (DCP), as detailed in Attachment 2 of this report, for a period of 28 days, to align certain controls contained within the: a. Marrickville Development Control Plan 2011; b. Leichhardt Development Control Plan 2013; and c. Comprehensive Inner West Development Control Plan 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill (Ashfield DCP);
2. Council note that the previously resolved exhibition of the Tree Management DCP will occur concurrently with the above; and
3. The results of the public exhibition are reported to Council for consideration with any recommendations for final changes to each of the above mentioned DCPs.
4. Noting the importance to the community of each of the proposed topics for amendments to three councils existing DCPs, that the IWC Council put amendments for each topic on exhibition separately. The topics being:
5. The Councillors be briefed on additional proposed amendments not covered in the previous DCP amendments briefing.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil |
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THAT:
1. Council endorses the published full preschool daily fee be charged for children aged 2 years (25 months) old up 35 months (3 years); and
2. Continued adherence to State policy and funding requirements that includes that no subsidy is applicable to enrolled children who are 25-35 months of age.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil |
Councillor Macri left the Meeting at 8:17 pm.
Councillor Macri returned to the Meeting at 8:20 pm.
Councillor Passas left the Meeting at 8:21 pm.
Councillor Passas returned to the Meeting at 8:22 pm.
ADJOURNMENT
8.30pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.
8.40pm– The Mayor, Clr Byrne resumed the meeting.
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THAT Council:
1. Defer further consideration of the EOI pending further information being provided to councillors including:
- Assessment of the likely impact on take-up of the scheme by customers if the proposed fees ($4.99 per month) and penalties for lost cups ($7.99 per month) are adopted;
- Local café owners who might be willing to become advocates for the program (as requested in the original council motion);
- Which local suburb particularly based on interest from business owners, should be targeted (as per the original resolution);
- Identification of which shopping centres, including Marrickville Metro and Ashfield Mall are interested in hosting a reusable coffee cup scheme noting that Marrickville Metro have approached Council expressing such an interest;
- Independent advice about whether Council can choose to fund the pilot scheme through domestic waste funds given the enormous proportion of disposable cups end up in domestic waste.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil |
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THAT:
1. The draft Weed Management Policy be placed on public exhibition for a period of 28 days;
2. The draft Pesticide Notification Plan be placed on public exhibition for a period of 28 days;
3. The results of the public exhibition and community engagement process are presented to Council along with a final Weed Management Policy and Pesticide Notification Plan for adoption;
4. Council note the Weed Management Annexure;
5. Council engage a consultant to review existing herbicide use and make recommendations on improved risk mitigation as outlined in the report;
6. Council note the risk mitigation methodologies outlined in the Safe Work Method Statements, as outlined in the report, and that these will be reviewed by the internal working group at least once per year; and
7. Council staff continue to monitor the weed management industry and APVMA advice for any new information and appropriate alternative weed treatments; and take action as needed.
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Motion Carried For Motion: Crs Byrne, Drury, Hesse, Iskandar, Lockie, Macri, McKenna OAM, Passas, Stamolis and York Against Motion: Crs Da Cruz, Kiat, Porteous and Steer
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Amendment (Porteous/Da Cruz)
THAT:
1. The Draft Weed Management Policy be amended to:
a) Remove Objective 1:
"Demonstrate Council's commitment to ecologically sustainable development and minimising chemical pollution by minimising the use of herbicides weed control and to use alternatives where practicable and feasible. :
b) Replace Objective 1 with:
That Council demonstrates its commitment to ecologically sustainable development and its commitment to working towards the elimination of chemical pollution of our green spaces and waterways through its policy of non-toxic weed control. Non-toxic weed control to include heat treatment - steam weeding; mechanical treatment - hand removal, mowers and whipper snippers.
2. Council commits to working towards the removal of glysophate as a chemical product to control weeds within the IWC.
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Motion Lost For Motion: Crs Da Cruz, Hesse, Kiat, Porteous, Stamolis and Steer Against Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas and York
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Foreshadowed Motion (Steer)
That this item be deferred for a Councillor briefing on the proposed draft Weed Management Policy and the draft Pesticide Notification Plan before being considered by Council.
The Foreshadowed Motion lapsed.
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Councillor Drury left the Meeting at 9:05 pm.
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THAT Council defer consideration of this matter pending an assessment by the newly appointed CEO.
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Motion Carried For Motion: Crs Byrne, Da Cruz, , Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Drury |
Councillor Drury returned to the Meeting at 9:09 pm.
Councillor Passas left the Meeting at 9:22 pm.
Councillor Passas returned to the Meeting at 9:25 pm.
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THAT:
1. Council receive and note the report;
2. The Development Advisory & Assessment Policy be reviewed and the outcomes be reported to Council for consideration by June 2019;
3. The scheduled review of the Development Assessment scheme include input from the CEO as well as consultation with proponents, architects and town planners who deal regularly with Council; and
4. A briefing be provided to Councillors on Development Assessment and appeals.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil |
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C0219(3) Item 8 Local Traffic Committee Meeting held on 4 December 2018 and 4 February 2019 |
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THAT the Minutes of the Local Traffic Committee Meeting held on 4 December 2018 and 4 February 2019 be received and the recommendations be adopted, with the following amendment:
a) In regards to LTC1218 Item 9 (Lennox St car park upgrade and improvements) of 4 December 2018, the proposed nominal width of non-disabled parking spaces is to be kept at 2.4m rather than increased in size in order to reduce the number of legal parking spaces lost;
b) Correct typo in Item 7 point 1(f) of 4 December meeting to refer to roundabout at Queen Street (not Church Street);
c) Amend item 8 point 2 of 4 December meeting as follows "the provision of a pedestrian facility in Croydon Road at its intersection with Church Street to support pedestrian desire line along the southern side of Church Street to Centenary Park be investigated as a matter of urgency for implementation before or with the right hand turning lane in point 1’; and
d) Amend Item 37 of 4 February Meeting to make provision for two parking spaces for Metro Assist on the Ashfield Mall Roof Top.
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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 |
En Bloc
Motion: (Byrne/Macri)
THAT Items 9, 11, 12 and 13 be moved en bloc and the recommendations contained in the reports be adopted.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York
Against Motion: Nil
Absent Cr Passas
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THAT the Report be received and noted.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas
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THAT the report be received and noted.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas |
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THAT information on tenders awarded by the General Manager be received and noted.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Passas |
ADJOURNMENT
9.49pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.
9.51pm– The Mayor, Clr Byrne resumed the meeting.
Councillor Iskandar left the Meeting at 10:11 pm.
Councillor Hesse left the Meeting at 10:15 pm.
Councillor Iskandar returned to the Meeting at 10:17 pm.
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THAT Council:
1. Convey to the leaders of all key political parties at the State Election that it fully supports the establishment of the Callan Park and Broughton Hall Trust and that any decisions or proposals which are not consistent with the Callan Park Special Provisions Act (2002) are not supported; and
2. Supports the uses set out by the Callan Park Act since 2002; for education, health and community.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Hesse |
Councillor Hesse returned to the Meeting at 10:18 pm.
Clr Lockie declared a non-Significant, non-Pecuniary interest in this matter as she is currently working for a client that advocates for drug reform and pill testing.
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THAT Council:
1. Supports the holding of a Drug Summit after the NSW state election on 23 March 2019 which will bring together a range of experts and allow all options and possible actions to be addressed. Progressive Drug Reform is likely to come about only when experts are given the opportunity to come together to clearly identify the issues and solutions; and
2. Writes to the Prime Minister and Federal Leader of the Opposition, and the Premier and NSW Leader of the Opposition in support of an honest ongoing education campaign by the Federal and State Governments to inform potential users of both legal and illegal drugs of the negative effects of drug use and abuse and offer adequate treatment and effective rehabilitation and employment .
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Stamolis, Steer and York Against Motion: Crs Macri and Passas |
Councillor McKenna OAM left the Meeting at 10:38 pm.
The Mayor, Councillor Byrne, asked if there were any members of the public gallery who would like to speak on the reasons Council proposes to consider the items in Closed Session.
There were none.
Members of the Public were asked to leave the Chamber.
Motion: (Byrne/Passas)
That in accordance with Section 10A(1) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Stamolis, Steer and York
Against Motion: Nil
Absent: Cr McKenna OAM
Reports with Confidential Information
Councillor McKenna OAM returned to the meeting at 10:50 pm.
Councillor Steer left the Meeting at 11:10 pm.
ADJOURNMENT
11.18pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.
11.20pm– The Mayor, Clr Byrne resumed the meeting.
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That Council accept the recommendations of the Conduct Reviewer and include the letter of apology in the minutes of the meeting.
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Motion Carried For Motion: Crs Byrne, Drury, Hesse, Iskandar, Lockie, Macri, McKenna OAM, Passas, Stamolis and York Against Motion: Crs Da Cruz, Kiat and Porteous Absent: Cr Steer
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Foreshadowed Motion (Passas/Macri)
That Council accept the recommendations of the Conduct Reviewer, censure Councillor Steer for her actions and include the apology in the minutes of the meeting.
The Foreshadowed Motion lapsed.
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Foreshadowed Motion (Kiat/Porteous)
THAT Council note that Clr Steer has made written apologies to the Council and to the complainant, and accept this as adequate resolution of the matter.
Reason: Council believes that the matter has been dealt with adequately in the letters of apology and that this coheres with the intention of the recommendations made in the report.
This Foreshadowed Motion lapsed. |
Motion: (Byrne/Stamolis)
That Council move back into the Open Session of the Council Meeting.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis and York
Against Motion: Nil
Absent: Cr Steer
Meeting closed at 11.36pm.
6 February 2019
Mr Danny Fitzgerald CEO
Petersham RSL
Dear Mr Fitzgerald
On 24 July 2018, at an Inner West Council meeting, I made certain comments during the Councillors’
debate on Item 11, Petersham RSL Voluntary Planning Agreement.
I understand that, subsequent to that meeting, you as a member of our community, made a complaint to Inner West Council expressing your concern that my comments may have an adverse effect on the community standing of the directors of Petersham RSL and and potentially had the effect of bringing the Council into disrepute in contravention of Part 3 of the Code of Conduct. That was not my intention. My comments were intended to be of a general nature and were not intended to be directed in any way to the directors of Petersham RSL or Petersham RSL itself.
Notwithstanding my intention, I understand that my comments may have had that unintended effect.
I apologise unreservedly for any adverse meaning to the directors of Petersham RSL arising from my comments and for causing offence to the directors of Petersham RSL. I withdraw the comments I made on 24 July 2018 I respectfully request that you accept my apology, which I make unreservedly.
Yours faithfully
Clr Louise Steer
Damun Stanmore Ward Inner West Council
louise.steer@innerwest.nsw.gov.au
Public Speakers:
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Item #
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Speaker |
Suburb |
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Item 27: |
Kathryn Greguric Ramona Hewitt Jen Allison |
Hurlstone Park Dulwich Hill Hurlstone Park |
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Item 1: |
Rene Holmes |
Ashfield |
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Item 2: |
Annalise Pippard Karen Tan |
Marrickville Leichhardt |
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Item 7: |
Bruce Threlfo |
Rozelle |
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Item 8: |
Rachel Davies |
Ashfield |
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Item 16: |
Dulce Carolina Munoz Garcia |
Annandale |
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Item 23: |
Jo Blackman |
Dulwich Hill |
The Minutes of the Ordinary Meeting of Council held on the 26th day of February, 2019 were confirmed as a correct record on this 12th day of March, 2019.
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CHAIRPERSON