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AGENDA R |
Council Meeting
TUESDAY 12 MARCH 2019
6.30pm
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Council Meeting 12 March 2019 |
Live Streaming of Council Meeting
In the spirit of open, accessible and transparent government, this meeting of the Inner West Council is being streamed live on Council’s website. By speaking at a Council meeting, members of the public agree to being recorded and must ensure their speech to the Council is respectful and use appropriate language. A person who uses defamatory, discriminatory or offensive language may be exposed to liability for which Council takes no responsibility. Any part of this meeting that is held in closed session will not be recorded
Pre-Registration to Speak at Council Meetings
Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:
Are there any rules for speaking at a Council Meeting?
The following rules apply when addressing a Council meeting:
What happens after I submit the form?
Your request will then be added to a list that is shown to the Chairperson on the night of the meeting.
Where Items are deferred, Council reserves the right to defer speakers until that Item is heard on the next occasion.
Accessibility
Inner West Council is committed to ensuring people with a disability have equal opportunity to take part in Council and Committee Meetings. At the Ashfield Council Chambers there is a hearing loop service available to assist persons with a hearing impairment. If you have any other access or disability related participation needs and wish to know more, call 9392 5657.
Persons in the public gallery are advised that under the Local Government Act 1993, a person may NOT tape record a Council meeting without the permission of Council.
Any persons found recording without authority will be expelled from the meeting.
“Record” includes the use of any form of audio, video and still camera equipment or mobile phone capable of recording speech.
An audio recording of this meeting will be taken for the purpose of verifying the accuracy of the minutes.
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Council Meeting 12 March 2019 |
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PRECIS |
1 Acknowledgement of Country
2 Apologies
3 Notice of Webcasting
4 Disclosures
of Interest (Section 451 of the Local Government Act
and Council’s Code of Conduct)
5 Moment of Quiet Contemplation
6 Confirmation of Minutes Page
Minutes of 26 February 2019 Council Meeting 5
7 Mayoral Minutes
Nil at the time of printing.
8 Condolence Motions
Nil at the time of printing.
9 Staff Reports
ITEM PAGE #
C0319(1) Item 1 Post Exhibition Report Draft Marrickville Local Environmental Plan 2011 (Amendment No. 17) - Heritage Listing of 73 and 73a the Boulevarde, Dulwich Hill 23
C0319(1) Item 2 NSW Government Reduction in Parking Fine Amounts 87
C0319(1) Item 3 Historic Fee Waivers for Various Swimming and Water Polo Clubs at the Leichhardt Park Aquatic Centre and Dawn Fraser Baths and a Comparison to Club Arangements at other Aquatic Centres in the LGA 89
C0319(1) Item 4 Half-yearly Progress Report on the Operational Plan 2018/19 92
C0319(1) Item 5 Model Code of Conduct 160
10 Notices of Motion
ITEM PAGE #
C0319(1) Item 6 Notice of Motion: Sustainable Community Buildings 279
C0319(1) Item 7 Notice of Motion: Birchgrove Oval 280
C0319(1) Item 8 Notice of Motion: Women in STEM – IWC Traineeship / Work Experience Opportunities 282
11 Reports with Confidential Information
Reports appearing in this section of the Business Paper are confidential in their entirety or contain confidential information in attachments.
The confidential information has been circulated separately.
ITEM PAGE #
C0319(1) Item 9 Annette Kellerman Aquatic Centre and Fanny Durak Aquatic Centre Sites 283
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Council Meeting 12 March 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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Motion: (Da Cruz/Lockie)
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.
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C0219(3) Item 25 Mayoral Minute: Condolences to Dominic Goffredo and family |
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Motion: (Byrne)
THAT Council write a letter of condolence to the family of Susan Goffredo, expressing our sadness at her passing and thanking them for her many years of service to Council and the inner west 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 |
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C0219(3) Item 26 Mayoral Minute: Thank You to Outgoing General Manager Rik Hart |
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Motion: (Byrne)
THAT Council note the contributions of General Manager Mr Rik Hart during a challenging period in the history and formation of the Inner West Council and thank Mr Hart for his guidance and support during the two and a half years he has served as General Manager of Inner West Council.
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 Passas left the Meeting at 7:13 pm.
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C0219(3) Item 27 Mayoral Minute: Globe Wilkins Preschool |
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Motion: (Byrne)
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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C0219(3) Item 28 Mayoral Minute: Lewis Herman Reserve |
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Motion: (Byrne)
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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C0219(3) Item 1 DCP Housekeeping Project |
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Motion: (Drury/Porteous)
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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C0219(3) Item 2 Globe Wilkins Preschool |
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Motion: (Kiat/Byrne)
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.
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C0219(3) Item 3 Ashfield Aquatic Centre Redevelopment Monthly Project Status Report |
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Motion: (Drury/Lockie)
THAT:
1. Council receive and note the monthly status report;
2. Council endorse the template for ongoing monthly reports;
3. A meeting be convened as soon as possible between Councillors and the new CEO of Inner West Council with relevant staff and consultants to provide to Councillors a detailed and complete update on the budget, timeline and status of the redevelopment of Ashfield Pool;
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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 |
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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C0219(3) Item 4 Reusable Coffee Cups |
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Motion: (Byrne/Da Cruz)
THAT Council:
- 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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C0219(3) Item 5 Weed Management |
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Motion: (Drury/Passas)
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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C0219(3) Item 6 Significant Major Projects Governance |
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Motion: (Byrne/Da Cruz)
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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C0219(3) Item 7 Increase in Court Appeals since Merger |
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Motion: (Byrne/Macri)
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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Motion: (Lockie/Da Cruz)
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 |
Motion: (Byrne/Macri)
THAT Council move en block Items 9, 11, 12 and 13
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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C0219(3) Item 9 Decision made Under Delegated Authority During the Council Recess |
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Motion: (Byrne/Macri)
THAT Council note the decision made under Delegation by the Mayor during the Council Recess.
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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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C0219(3) Item 11 Status of Legal Proceedings |
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Motion: (Byrne/Macri)
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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C0219(3) Item 12 Investment Report as at 31 December 2018 |
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Motion: (Byrne/Macri)
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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C0219(3) Item 13 Quarterly Update on Tenders Awarded |
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Motion: (Byrne/Macri)
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.
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C0219(3) Item 10 National General Assembly of Local Government 2019 |
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Motion: (McKenna OAM/Byrne)
THAT Council:
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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 14 Notice of Motion to Rescind: C1016 Item 8 Establishment of Alcohol Free Zones - Ashfield LGA |
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Motion: (Kiat/Hesse)
THAT Council rescind resolution C1016 Item 8 Establishment of Alcohol Free Zones - Ashfield LGA.
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Motion Lost For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous and Steer Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Stamolis and York |
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C0219(3) Item 15 Notice of Motion: Joining The Local Government Mayoral Taskforce For People Seeking Asylum To Advocate Against The SRSS Cuts |
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Motion: (Da Cruz/Steer)
THAT Council:
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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
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Councillor Iskandar left the Meeting at 10:11 pm.
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C0219(3) Item 16 Notice of Motion: Retaining Wall Condition - Corner of Ballast Point Rd and Short St, Birchgrove |
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Motion: (Stamolis/Porteous)
THAT Councillors receive an email update by April 2019 on this matter.
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil Absent: Cr Iskandar
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Councillor Hesse left the Meeting at 10:15 pm.
Councillor Iskandar returned to the Meeting at 10:17 pm.
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C0219(3) Item 17 Notice of Motion: Callan Park |
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Motion: (Stamolis/Porteous)
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.
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C0219(3) Item 18 Notice of Motion: The Cancelling of Classics in Callan Park with no consultation |
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Motion: (Porteous/Byrne)
THAT: 1. Classics in Callan Park be run during autumn, spring or summer of 2019 as was promised to the community and that a new alternative date for it to be run be identified as soon as possible; 2. Further that any future proposal to cancel an existing council event must henceforth come to a council meeting for determination; and 3. Should there be any budgetary implications from this motion, that funding be identified in the 2019/20 budget.
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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
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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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C0219(3) Item 19 Notice of Motion: Pill Testing |
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Motion: (Hesse/Steer)
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 |
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C0219(3) Item 20 Notice of Motion: St Peters Metro Rail Spoil |
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Motion: (Hesse/Steer)
THAT Council:
1. Write to the Premier, Leader of the Opposition, and the Sydney Metro calling on them to consider as a matter of urgency transport by rail through St Peters of spoil from the Metro tunnel;
2. Calls on the Premier to ensure that all spoil from the Metro Rail is removed by rail, and notes the negative cummulative effective on the community of St Peters of the construction of the WestConnex, Metro Rail and significant housing construction; and
3. Further calls on the Premier to immediately halt all work associated with the WestConnex and Metro Rail projects at St Peters and Marrickville so as to effectively coordinate construction work that reduces the effect of the work on local residents before any further work can proceed.
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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 21 Notice of Motion: Ashfield Commuter Carpark |
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Motion: (Passas/Byrne)
THAT Council call upon the State Labor members for Summer Hill and Strathfield to deliver a similar carpark and facilities at an appropriate location if Labor is successful at the March 19 State Election.
Motion Lost For Motion: Crs Byrne, Drury, Iskandar, Macri, Passas and York Against Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and Steer |
Councillor McKenna OAM left the Meeting at 10:38 pm.
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Urgency Motion - Dawn Fraser Baths Grant Fund Delegation
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Councillor Byrne requested that the meeting consider an Urgency Motion with regards to Dawn Fraser Baths Grant Fund Delegation.
Motion: (Byrne/Passas)
THAT the motion be considered as a matter of urgency.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, Passas, Porteous, Stamolis, Steer and York Against Motion: Nil
The Mayor declared this matter was urgent.
Motion: (Byrne/Passas)
THAT Council:
1. Enter into the Greater Sydney Sports Facility Fund Agreement for $2.2 million for the Dawn Fraser Essential Maintenance Project; and 2. Delegate to the General Manager authority to negotiate and execute the final fund agreement.
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 |
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
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C0219(3) Item 23 Public Exhibition of Greenway Draft Concept Design |
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Motion: (Drury/Passas)
THAT:
· Delegates all matters relating to the acquisition of 43 Hercules Street to Council’s General Counsel and Deputy General Manager Assets and Environment; · Writes to the affected Owners advising them of Councils position; · Attempt to negotiate an agreement for the acquisition of the property with the affected Owners and their legal representatives; and · If the negotiation process fails, to proceed with compulsory acquisition as regulated by the Land Acquisition (Just Terms Compensation) Act 1991, pending Ministerial approval.
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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 |
Councillor McKenna OAM returned to the meeting at 10:50 pm.
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C0219(3) Item 22 Car Park Sale By Request For Tender - Chester Street Petersham |
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Motion: (Macri/Iskandar)
THAT Council:
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Motion Lost For Motion: Crs Iskandar, Macri, Passas and Stamolis Against Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, McKenna OAM, Porteous, Steer and York
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Foreshadowed Motion (York/Steer)
That this matter be deferred for consideration with the Land and Property Strategy (LAPS).
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Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Steer and York Against Motion: Crs Macri, Passas and Stamolis |
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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C0219(3) Item 24 Code of Conduct Complaint Investigation |
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Motion (Byrne/Drury)
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 |
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Council Meeting 12 March 2019 |
Subject: Post Exhibition Report Draft Marrickville Local Environmental Plan 2011 (Amendment No. 17) - Heritage Listing of 73 and 73a the Boulevarde, Dulwich Hill
Prepared By: Gibran Khouri - Strategic Planner
Authorised By: David Birds - Group Manager Strategic Planning
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SUMMARY At its meeting on 28 August 2018, Council resolved to include 73 The Boulevarde and 73A The Boulevarde as items of local heritage significance in the Marrickville Local Environmental Plan (MLEP) 2011 and refer the matter in a planning proposal to the Department of Planning and Environment for Gateway Determination. A planning proposal was forwarded to the Department of Planning and Environment , the Minister issued a Gateway Determination supporting the proposal proceeding to public exhibition.
Fifty submissions were received with 47 submissions (94%) supporting the planning proposal..
A late submission was made on behalf of the owner of 73 The Boulevarde. This has been reviewed and taken into account in the preparation of this report. |
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RECOMMENDATION
THAT Council:
1. Support the amendment to Marrickville Local Environmental Plan (MLEP) 2011 listing 73 The Boulevarde and 73A The Boulevarde as items of local heritage significance 2. Forwards the planning proposal to the Department of Planning and Environment and request that it makes arrangements for the publication of MLEP 2011 amendment on the NSW Legislation Website 3. Delegate to the Group Manager Strategic Planning the authority to finalise the making of the MLEP 2011 amendment.
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BACKGROUND
This matter arose in early 2018, following the threat associated with a development application (DA) to demolish a house at 73 The Boulevarde, Dulwich Hill (Lot 1 DP 301656) and construct a four storey residential flat building. The potential heritage significance of the property was brought to Council’s attention by the adjoining property owner at 73A The Boulevarde, Dulwich Hill.
The heritage assessment has established that the house at 73 and the adjoining house at 73A (Lot X DP 411590) The Boulevarde, Dulwich Hill, meet the NSW Office of Environment and Heritage’s criteria for local heritage significance and recommends both properties being heritage listed.
Council resolved on 28 August 2018 (C0818(3) Item 15) that Council:
Consider the advice from the Inner West Local Panning Panel in relation to 73 and 73A The Boulevarde, Dulwich Hill. Subject to Council’s consideration of this advice:
a) resolve to include 73 The Boulevarde, Dulwich Hill (Lot 1 DP 301656) in Schedule 5 of the Marrickville Local Environmental Plan 2011 as a local item of environmental heritage. The listing is to include the interiors of the intact rooms, including the inglenook;
b) resolve to include 73A The Boulevarde, Dulwich Hill (Lot X DP 411590) in Schedule 5 of the Marrickville Local Environmental Plan 2011 as a local item of environmental heritage The listing is to include the front garden, path & fence, the exterior of the front section of the house (in front of the first floor addition); and the interior of the front section of the house (including the interiors of the intact rooms, including the ceilings and fireplaces);
c) submit the planning proposal and the advice of the Inner West Local Planning Panel to the Minister for Planning for a Gateway determination to include Nos. 73 and 73A The Boulevarde, Dulwich Hill as items of environmental heritage in Schedule 5 of the Marrickville Local Environmental Plan 2011, in accordance with Section 3.34 of the Environmental Planning & Assessment Act 1979;
d) requests that delegated plan making functions be granted in relation to the planning proposal; and
e) publicly exhibit the planning proposal following a Gateway determination being issued.
A Gateway Determination was received on 7 November 2018 for this planning proposal to proceed subject to public exhibition.
PUBLIC CONSULTATION
In accordance with the Gateway Determination requirements for a public exhibition of a minimum of 28 days, the proposed amendment was placed on public exhibition for an extended period of 36 days from Tuesday 13 November 2018 until Tuesday 18 December 2018.
· Approximately 200 notification letters were sent to all owners and occupiers of the properties subject to the proposal and surrounding properties;
· A notice appeared in the Inner West Courier – Inner City Edition;
· The proposed amendment, planning proposal (see Attachment 1) and supporting documentation were made available for viewing on the Inner West Council’s ‘Have Your Say’ online community engagement hub for the entire exhibition period; and
· Hard copies of the relevant documents were made available at Council’s Petersham Service Centre.
· Correspondence was forwarded to the Office of Environment and Heritage seeking its feedback on the proposal.
The owners of 73 The Boulevarde, Dulwich Hill advised Council on 18 January 2019, that they had not received a letter in relation to the Planning Proposal and only became aware of the proposal over the Christmas period. In response, Council provided the owners with additional time to provide a submission in response to the proposal. Subsequently, a submission on behalf of the owner was received on 11 February 2019 and a response has been prepared by Council.
Public Exhibition – Submissions received / issues raised
During the exhibition period Council’s ‘Have Your Say’ site received 437 visits, 85 of which downloaded linked documents. Overall, 50 submissions / responses to Council were received.
Support for the planning proposal
Of the 50 submissions received, 47 submissions support the planning proposal to include 73 The Boulevarde and 73A The Boulevarde as items of local heritage significance in Marrickville Local Environmental Plan (MLEP) 2011.
Object to the planning proposal
Three submissions objected to the planning proposal.
The Robertson and Hindmarsh (heritage architects) response concludes that the Paul Davies submission does not raise issues that warrant a change to the proposed listing. Council officers consider the Robertson and Hindmarsh study accompanying the Planning Proposal to be a balanced, accurate and professional assessment of the significance of 73 and 73A The Boulevarde and that the further analysis provided by Robertson and Hindmarsh of the Paul Davies submission supports the recommendation for heritage listing.
The other two objecting submissions argued that:
· The locality needs more housing not preserved average old buildings
· It is unfair on land owners and future residents to down zone this land via a heritage listing
· Council should also seek to identify heritage properties ahead of time, rather than listing them in response to redevelopment proposals.
Consultation with Public Authorities
Office of Environment and Heritage (OEH) – Heritage Division
The Office responsed on 18 December 2018 stating that, “as these items are not listed on the State Heritage Register, the Heritage Division will not be providing specific comment in this instance. However, we welcome the recognition of locally significant heritage items being added to local environmental plans.”
FINANCIAL IMPLICATIONS
This report relates to a policy change and does not raise any financial obligation for Council.
CONCLUSION
In order to preserve the heritage significance associated with 73 The Boulevarde and 73A The Boulevarde, it is recommended, after consideration of the submissions received, that the two properties are listed as items of local heritage significance in MLEP 2011 as identified in Attachment 2.
The proposed heritage listing of 73 The Boulevarde and 73A The Boulevarde will provide greater certainty for existing and future property owners and residents of these properties regarding the built form to be preserved so that development which maintains the character and heritage of these properties can be facilitated and supported by Council.
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1.⇩ |
Attachment 1 - Submissions Summary Table |
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2.⇩ |
Attachment 2 - Heritage Map |
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3.⇩ |
Attachment 3 - Submission from owners of 73 The Boulevarde |
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4.⇩ |
Attachment 4 - Response to Submission by R&H |
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Council Meeting 12 March 2019 |
|
# |
FEEDBACK |
SUBMISSION |
COUNCIL OFFICER RESPONSE |
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1 |
Supports the proposed amendments with further suggestions.
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The submitter: · Suggested that there are a few more 19th Century and early 20th Century houses in the Boulevarde, that also could be included in this Heritage register.
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Noted.
The Robertson and Hindmarsh report recommended further consideration of a heritage conservation area but did not make any further recommendations for listing of other properties on The Boulevarde.
A comprehensive review of heritage listings/heritage conservation areas will occur in the near future, encompassing the Inner West LGA.
Further consideration of potential heritage items/heritage conservation areas will form part of the upcoming LEP review process.
|
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2 |
Supports the proposed amendments with further suggestions.
|
The submitter: · Raised concern that “something that is not explicitly mentioned but integral to the overall dwelling can be changed without restriction which would then cause a significant loss of amenity”. · Supports dealing with these two properties together rather than as part of a larger conservation area.
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Listing still allows for sympathetic development of heritage items through an approvals process. As a result of a heritage listing, the process to gain approval ensures changes retain the significance of heritage places. Changes are assessed on their merits when owners submit development applications. In this assessment, Council decides whether the proposed works will have an acceptable impact on the heritage significance of the place.
The Robertson and Hindmarsh heritage study clearly identifies components of the houses that are both contributory and non-contributory which will greatly assist in any future assessment of development applications for these properties.
Owners have an opportunity to submit their own assessment in the ‘statement of heritage impact’ before this decision is made. Upgrading kitchens, bathrooms and services and rear extensions to meet contemporary standards are commonly approved changes.
|
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3 |
Supports the proposed amendments with further suggestions.
|
The submitter: · Stated their strong support in proceeding for the proposed heritage listings. · Stated that their support is based on the preservation of the street landscape and the wildlife corridor that exists through this exact area. · Commented on how vibrant the bird life is at these particular & surrounding addresses, due to the fact that, some 100 years ago there existed a horse stable at the rear of number 73. · Requests that the existing pines and blue gums along one side of 73 be preserved. |
The draft wording of the ‘item name’ of 73 The Boulevarde proposed to form part of Schedule 5 of Marrickville LEP 2011 is as follows, “Interwar bungalow’ —“Bertsonie”, including inglenook and interiors and Norfolk Island pine tree in the front garden.” The wording includes a specific reference to the Norfolk Island pine in the front garden. In relation to other vegetation on the site, tree removal above a certain height requires Council approval regardless of heritage status of the property. |
|
4 |
Supports the proposed amendments.
|
The submitter: · Commented that many features characteristic to houses of this era need to be maintained not destroyed · Commented on key unique features and significance of the Norfolk Island Pine |
Support noted. The draft wording of the ‘item name’ of 73 The Boulevarde proposed to form part of Schedule 5 of Marrickville LEP 2011 is as follows, “Interwar bungalow’ —“Bertsonie”, including inglenook and interiors and Norfolk Island pine tree in the front garden.” The wording includes a specific reference to the Norfolk Island pine in the front garden. |
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5 |
Supports the proposed amendments |
The submitter supports the planning proposal. |
Support noted. |
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6 |
Supports the proposed amendments with further suggestions.
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The submitter: · States that the properties relatively intact interior, unusual for its age and is worthy of preservation. · States that the streetscape is an important example of the housing stock of this suburb. · Requests that Council consider the impact of losing more heritage, particularly those that may not be 'listed' today and that current buildings of this kind are unusual if not rare and should be preserved.
|
Support noted. Council will commence a review of heritage across the LGA which will inform the preparation of a new comprehensive LEP. |
|
7 |
Supports the proposed amendments.
|
The submitter: · Raised concern about the general impact of heritage destruction associated with what was proposed for this site and across Sydney in general, noting Haberfield as an example. · States that Australia has a brief history of built heritage and it is important to persevere and value what we can, especially rare and well-maintained or intact historical homes. · States that the properties subject to this planning proposal are fine examples of Arts and Crafts bungalows. Uncommon external and internal features give these homes intrinsic value, far exceeding their resale value, or the development potential of the land on which they sit. · States that the properties subject to this planning proposal reflect a period of excellent architecture and craftsmanship and that the homes complement each other and enhance the streetscape.
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Support noted. |
|
8 |
Supports the proposed amendments.
|
The submitter: · Is in support of the proposed listing as they are fine buildings that are important in their relation to each other and also to the streetscape and community · Comments that Arts and Crafts buildings are architecturally and historically significant, rare and in scale and proportion to their environment. · Comments that the gardens and setbacks are also important to preserve. |
Support noted. |
|
9 |
Supports the proposed amendments.
|
The submitter: · Commented on the significance of both homes, particularly the social significance and streetscape significance. |
Support noted. |
|
10 |
Supports the proposed amendments.
|
The submitter: · Notes the importance of retaining architectural forms, methods of construction, building materials, and regional character so that residents and visitors can continue to experience the lifestyles associated with these. |
Support noted. |
|
11 |
Supports the proposed amendments.
|
The submitter supports the listing of these properties as heritage items as: · They are fine examples of Arts and Crafts bungalows with unusual external and internal features such as sandstone features, wooden panelling and an inglenook. · Represent fine craftsmanship and compliment each other and the streetscape. · Heritage listing would recognise their intrinsic value to the social and built history of the local area and Sydney suburbia, and assist in preserving them for future generations. |
Support noted. |
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12 |
Supports the proposed amendments.
|
The submitter supports the listing of these properties as heritage items as: · They are unusual and significant examples of heritage housing in the area due to the use of sandstone in facade. · It preserves and balances character of the nearby area. |
Support noted. |
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13 |
Supports the proposed amendments.
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The submitter supports the listing of these properties as heritage items as: · They are two fine Arts and Crafts bungalows with unusual external and internal features such as sandstone features, wooden panelling and an inglenook. · They represent fine craftsmanship and compliment each other and the streetscape. · A Heritage listing would recognise their intrinsic value to the social and built history of the local area and Sydney suburbia, and assist in preserving them for future generations. |
Support noted. |
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14 |
Supports the proposed amendments.
|
The submitter supports the listing of these properties as heritage items as: · The houses are examples of unique design of Californian bungalows of the 1920’s era. · No. 73 has an amazing interior of timber work throughout and the inglenook is really quite grand, certainly not produced in today’s standards of design and craftsmanship. · No. 73a has a unique wrap around veranda of large solid sandstone blocks most likely locally sourced during the time, you would find it hard to find another one like it, i have looked around similar areas of bungalows and have not found one like it. · They provide the link of the changes of the architectural styles throughout the Boulevarde of Dulwich Hill. |
Support noted. |
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15 |
Supports the proposed amendments.
|
The submitter supports the proposed listing as the houses have significant heritage value, contribute to the character of the area, a prime driver of economic and cultural prosperity. |
Support noted. |
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16 |
Supports the proposed amendments.
|
The submitter: · Supports the proposed listing as the properties as they contribute and compliment the local area. |
Support noted. |
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17 |
Supports the proposed amendments.
|
The submitter supports the planning proposal. |
Support noted. |
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18 |
Supports the proposed amendments.
|
The submitter · Supports the listing of these two items as they represent fine craftsmanship and compliment each other and the streetscape. · Comments that the heritage listing would recognise their intrinsic value to the social and built history of the local area and Sydney suburbia, and assist in preserving them for future generations. |
Support noted. |
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19-45 |
Supports the proposed amendments.
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The submitters support the planning proposal and acknowledge the heritage significance of the properties. |
Support noted. |
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46 |
Opposes the proposed amendments. |
The submitter: · Opposes the planning proposal. · States that the locality needs more housing not preserved old buildings. · States that these buildings are very average old buildings · States that it is unfair on land owners and future residents to down zone this land via a heritage listing. |
The expert heritage assessment report by Robertson and Hindmarsh has established that the house at 73, as well as the adjoining house at 73A The Boulevarde, Dulwich Hill, meets the NSW Office of Environment and Heritage’s criteria for local heritage significance and recommended both properties being heritage listed in Schedule 5 of MLEP 2011. Council will be preparing a housing strategy, which will enable the provision of additional housing within the LGA, whilst preserving properties that are deemed to be of heritage significance. |
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47 |
Opposes the proposed amendments. |
The submitter opposes the planning proposal and made the following comments: · Neither property, especially 73A, is unique. · Council should also seek to identify heritage properties ahead of time, rather than listing them in response to redevelopment proposals. |
The expert heritage assessment report by Robertson and Hindmarsh has established that the house at 73, as well as the adjoining house at 73A The Boulevarde, Dulwich Hill, meets the NSW Office of Environment and Heritage’s criteria for local heritage significance and recommended both properties being heritage listed in Schedule 5 of MLEP 2011. The preparation of a comprehensive Inner West LEP is currently underway and will be informed by a review of heritage across the LGA. This will assist Council in identifying properties that are currently not identified as having heritage significance under the respective local environmental plans. |
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48 |
Office of Environment and Heritage Response |
As these items are not listed on the State Heritage Register, the Heritage Division will not be providing specific comment in this instance. However, we welcome the recognition of locally significant heritage items being added to local environmental plans. |
Response noted. |
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Council Meeting 12 March 2019 |
Subject: NSW Government Reduction in Parking Fine Amounts
Prepared By: Graeme Palmer - Parking and Ranger Services Manager
Authorised By: Harjeet Atwal - Group Manager Development Assessment and Regulatory Services
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SUMMARY The State Government has recently made a commitment to enact regulatory changes to enable Councils to charge lower parking fine amounts for 52 parking offences. The purpose of this report is to inform Council of the changes, opt in requirements and implications to enact the lower parking fines and resolve to not opt in for the Inner West Council Local Government Area (LGA). |
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RECOMMENDATION
THAT Council elects not to ‘opt-in’ to enact the lower parking fines. |
BACKGROUND
The NSW Government has made the necessary regulatory changes to enable councils to charge lower parking fine amounts to $80 for 52 parking fines, in line with other NSW Government authorities, however these concessions do not apply automatically. Until a Council elects to participate, the higher penalty of $112 will continue to apply to penalty notices issued by its enforcement officers in relation to the relevant offences.
OPT-IN REQUIREMENTS
It is important that Council considers the implications of the decision to opt in including:
· the financial impact of reducing the relevant fine; and
· the benefits to its citizens.
If Council resolves to opt in, the Treasurer must be advised in writing that Inner West Council wish to be included in Schedule 5A of the Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018.
Councils have the opportunity to opt in at certain times of the year as per the below table:
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Due date for written advice to Treasury to opt-in |
Implementation date to opt-in |
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For 2019 |
1 January 2019 |
1 March 2019 |
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1 April 2019 |
1 June 2019 |
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1 July 2019 |
1 September 2019 |
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1 October 2019 |
1 December 2019 |
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2020 onwards |
From then on annually |
From then on annually |
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1 April 2020 |
1 July 2020 |
FINANCIAL IMPLICATIONS
Based upon analysis of the 2017/18 financial year and the forecast for the current financial year, the expected revenue loss to Council is estimated at $2.54 million. The current 2018/19 financial year expected annual income is $13.91 million.
IMPLICATIONS ON COMMUNITY
Council has, or is currently implementing a number of parking management initiatives to benefit the community of the Inner West, including:
· Switching parking meters off at 7pm in Norton Street, Leichhardt and Darling Street, Rozelle/Balmain.
· Extension of 30 minute free parking along Norton Street, Leichhardt and Darling Street, Rozelle/Balmain.
· The conversion of the existing 15 minute free parking zones to 30 minute free parking zones in the associated side streets off Norton Street, Leichhardt and Darling Street, Rozelle/Balmain.
· Investigating the use of technology in parking management including mobile phone payment solutions and electronic permit systems. The findings of the investigation and project plan will be reported to Council in the future.
OTHER COUNCILS
Neighbouring Councils are yet to make a decision.
CONCLUSION
Council currently implements numerous parking management initiatives to benefit the Inner West Council LGA community. The reduction of parking fines will have significant financial implications and should Council opt in to reduce the parking fines, Council will be required to retrieve the financial losses elsewhere.
It is recommended that Council does not opt in to reduce parking fines for the Inner West Council LGA.
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Council Meeting 12 March 2019 |
Subject: Historic Fee Waivers for Various Swimming and Water Polo Clubs at the Leichhardt Park Aquatic Centre and Dawn Fraser Baths and a Comparison to Club Arangements at other Aquatic Centres in the LGA
Prepared By: Simon Duck - Group Manager Aquatic Services
Authorised By: John Warburton - Deputy General Manager Community and Engagement
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SUMMARY Provides historical context to the Fee Waivers pertaining to the use of Leichhardt Park Aquatic Centre and Dawn Fraser Baths. This report also seeks approval of community requests for fee waivers for the use of Leichhardt Park Aquatic Centre and Dawn Fraser Baths during 2018 – 2019 for the indicated Swimming and Water Polo Clubs. |
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THAT Council: 1. Note the trial and additional request for use of Leichhardt Park Aquatic Centre between 8.00pm-9.00pm by Balmain UTS Water Polo club for water polo training;
2. Note how Pool Hire fees that support local community based Swimming and Water Polo clubs have been managed at Council’s other Aquatic Centres;
3. Approve the fee waiver applications submitted by regular hirers of the Leichhardt Park Aquatic Centre and Dawn Fraser Baths during 2018 – 2019 only; and
4. Endorse the approach of specific pool hire fees for Amateur Swimming Clubs and Water Polo Clubs from within the LGA be detailed in the 2019-2020 onwards Fee and Charges rather than granting fee waivers on a case by case basis. |
BACKGROUND
The former Leichhardt Council had historically granted reduced fees and fee waivers for a number of Council facilities to eligible applicants. The fee waiver policy and wording is outlined in the annual fees and charges and is as follows:
“Reduced fees and fee waivers can be applied to the fees outlined in accordance with the reduced Fees and Fee Waiver Guidelines which determine eligibility and selection criteria for reduced fees”:
·Community rate - 50% of applicable fee
·Support Group rate -20% of applicable fee
·Fee Waiver - No charge
The program aims to support community groups with limited income to provide programs and activities for the benefit of the local community and their members.
Previously, Council has approved fee waivers for community clubs that participate in aquatic based activities on an ongoing basis at Leichhardt Park Aquatic Centre (LPAC) and Dawn Fraser Baths (DFB). Fee waivers for the use of LPAC and DFB for 2017-18 were approved at Council’s Meeting, October 2017.
As this is a period of transition for Council, it is requested to continue with existing practice for 2018- 2019 and review rates as part of the organisational review fees and charges and relevant policies for fee waivers and concessions with a view to consistency, equity and transparency across the LGA.
The Leichhardt Swimming Club, Balmain Amateur Swimming Club, Balmain Water Polo Club (incorporated as the Balmain Amateur Swimming, Lifesaving and Water Polo Club) and Balmain Kool Kats winter swimming club have been using both the LPAC and DFB since the facilities were opened.
Leichhardt Swimming Club, Balmain Amateur Swimming Club, Balmain Water Polo Club and Balmain Kool Kats winter swimming club have requested fee waivers and historical use for the financial year 2018-2019 for pool hire only, the entry fee as per the Council's Fees and Charges are paid by all three user groups.
Additional Request 2018/2019
Due to the closure of Ashfield Aquatic Centre, Balmain UTS Water Polo has limited options for pool space for water polo training. A trial has been requested and agreed for use of Leichhardt Park Aquatic Centre between 8.00pm-9.00pm by Balmain UTS Water Polo club for training purposes. This has been granted as a trial under promotional activity.
Traditionally LPAC pools close to the public at 8.00pm to allow for pool close down, cleaning and patrons to leave the centre. The Gym facilities remain open until 9.00pm to cater for late night users of the LPAC Gym.
This trial period will allow pool operations staff to assess any operational and staffing issues to and evaluate the success of the program whether a permanent arrangement should be considered. An additional Pool lifeguard will remain on site to oversee the water polo activity for safety requirements.
OTHER INNER WEST COUNCIL AQUATIC CENTRES
Ashfield Aquatic Centre
The Ashfield Aquatic Centre had historically provided support to the local Ashfield Amateur Swimming Club and the UNSW Wests Water Polo Club through Council’s Fees and Charges. A Seasonal Pool Hire Fee had been historically been set for both organisations which based on usage would grant an approximate 70% discount for the swim club and an approximate 90% discount for the Water Polo Club to the normal pool hire fee.
The hourly casual pool hire rate for the 50m pool for the 2017-18 year was $189.00 pro-rata
The hourly casual pool hire rate for the Water Polo pool was $81.50. In the 2017-2018 year the Ashfield Amateur Swimming Club paid $1,140.00 for which they used the whole 50m pool 7:00am to 8:45am every Saturday over the Summer Months. The UNSW Wests Water Polo Club paid a seasonal pool hire Fee of $4,760.00 which granted them unlimited usage of the Water Polo Pool over the summer months which based on their usage worked out to be approximately a 90% discount on the normal pool hire rate. Therefore in the 2017-2018 year, the through the Fees and Charges:
- The UNSW Wests Water Polo Club was granted an effective $42,840 discount per summer season and,
- The Ashfield Amateur Swimming Club was granted an effective discount of $2,660.
During the winter months the UNSW Wests Water Polo Club also hired the Water Polo Pool at the normal rates. Therefore the total value of the two clubs discounts was $45,500 at the Ashfield Aquatic Centre for the 2017-2018 year.
Annette Kellerman Aquatic Centre
The Annette Kellerman Aquatic Centre does currently support a community based swimming club however this club operates a competitive swimming program in conjunction with the squads program available within AKAC. Fees involved are covered in Council’s Fees and Charges. The Annette Kellerman Aquatic Centre does not have the facilities to provide a Water Polo program.
Fanny Durack Aquatic Centre
The Fanny Durack Aquatic Centre due to it’s configuration and small size does not support a community based Swimming Club or a community based Water Polo Club.
FINANCIAL IMPLICATIONS
The total value of the fee waivers requested is $152,447 for the 2018-2019 for the Leichhardt Park Aquatic Centre and Dawn Fraser Baths Fee Waivers. Given the attendance attached to these activities, Council receives entry fees and many users carry facility memberships. An estimated average income of $41,573 is assumed to be generated as a result of this access.
OTHER STAFF COMMENTS
Nil.
PUBLIC CONSULTATION
Community clubs that have applied for fee waivers will be advised of Council’s decision.
CONCLUSION
Based on historical use, the listed hirers wish to continue their past practice of requesting and being granted, fee waivers to LPAC and DFB. As a result of limited available water space in the LGA due to the closure of AAC, the BWP club have been granted a promotional trial period of access with a view to formalizing a request for further access for the remainder of the 2018-2019 financial year. It is anticipated that this request will be tabled to Council as early as possible in 2019.
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Council Meeting 12 March 2019 |
Subject: Half-yearly Progress Report on the Operational Plan 2018/19
Prepared By: Dayne Glinkowski - Team Leader Corporate Strategy
Authorised By: David Birds - Group Manager Strategic Planning
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SUMMARY This report provides Council with an overview of the progress on the Operational Plan 2018/19 in the July-December 2018 (Q1/2) period. This satisfies Section 404(5) of the Local Government Act.
At 31 December 2018, 92% of actions were marked “Completed” or “Progressing – on track”. |
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RECOMMENDATION
THAT the report be received and noted. |
BACKGROUND
Action updates and progress snapshots in the document are divided into Council’s 13 key public service areas, reflecting the structure of the Operational Plan and Budget 2018/19.
FINANCIAL IMPLICATIONS
Nil.
OTHER STAFF COMMENTS
Nil.
PUBLIC CONSULTATION
After receipt by Council, the attached Half-yearly Progress Report will be made available for the public to view and download on Council’s website.
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1.⇩ |
Half-yearly Progress Report 1 - Operational Plan 2018/19 |
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Council Meeting 12 March 2019 |
Subject: Model Code of Conduct
Prepared By: Ian Naylor - Manager Civic and Executive Support
Authorised By: Nellette Kettle - Group Manager Customer Service & Civic Governance
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SUMMARY The purpose of this report is to adopt a Code of Conduct and Procedures for the Administration of the Code of Conduct that reflects the Model Code of Conduct issued by the NSW Government on 14 December 2018. |
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THAT Council:
1. Adopt the Code of Conduct and Procedures for the Administration of the Code of Conduct shown as Attachments 1 and 2 with the addition of references to Council’s Social Media Policies.
2. Commence a training program on the new Code of Conduct for all Council Officials. |
BACKGROUND
The new 2018 Model Code of Conduct for Local Councils in NSW and Procedures for the Administration of the Code of Conduct were prescribed on 14 December 2018. Councils have six months to adopt a code of conduct and procedures based on the Model Code. If a council fails to adopt a new code within six months, the provisions of the new Model Code of Conduct and Procedures will automatically apply. The Model Code of Conduct applies to all Council Officials which is defined as Councillors, administrators, members of staff and delegates to council (including members of Council’s committees).
New Provisions
The 2018 Model Code of Conduct includes the following new provisions compared to the previous Model Code:-
Harassment, Discrimination and Bullying (Clauses 3.6-3.11)
The addition of specific clauses defining these practices and what is prohibited under the Code.
Work, Health and Safety Requirements (Clause 3.12)
The addition of specific clauses stating the statutory obligations of Council Officials in relation to work, health and safety legislation.
Obligations in relation to Meetings (Clauses 3.20-3.22)
The addition of specific clauses stating that you must not engage in bullying behaviour, conduct which disrupts Council, Committee Meetings and Councillor Briefings and acts of disorder intended to prevent the effective functioning of the meeting.
Pecuniary and Non-Pecuniary Interests (Part 4 and 5)
The Code now includes the legislative requirements relating to pecuniary interests which were previously part of the Local Government Act. The Code now provides more specific guidance on managing non-pecuniary conflicts of interest and defining a significant non-pecuniary conflict of interest.
Gifts and Benefits (Clauses 6.2, 6.5 (f) & (g), 6.6, 6.8 & 6.11)
The Code has introduced new provisions relating to Gifts and Benefits as shown below:-
· A reference to a gift under the Code does not include a gift provided to the council as part of a cultural exchange or sister-city relationship, a political donation, attendance at council events/functions and free or subsidised meals or beverages provided as part of official duties;
· You must not participate in competitions for prizes where eligibility is based on the council being in or entering into a customer–supplier relationship with the competition organiser;
· You must not personally benefit from reward points programs when purchasing on behalf of the council.
· All gifts received must be disclosed in writing using Council’s Gifts and Benefits Form;
· Any gift above $50 must be refused, returned or handed in to the Council;
· You must not accept gifts or benefits of token value (less than $50) from a person or organisation over a 12-month period that, when aggregated, exceed a value of $50.
Inappropriate Interactions (Clause 7.6 (e))
The Code now includes a new provision stating it is inappropriate for Councillors to approach members of local planning panels or discussing any application that is either before the panel or will come before the panel at some future time, except during a panel meeting where the application is on the agenda.
Access to Information (Part 8)
A new section Part 8 has been added to the Code on Councillor’s right to information from Council.
Social Media
It is recommended that Council supplement its Code with a reference to Council’s adopted Social Media Policies.
Recordkeeping requirements (Clauses 8.21-8.24)
The Code now includes specific clauses relating to the responsibilities of Council Officials relating to recordkeeping. This includes;
· complying with the requirements of the State Records Act;
· all information created, sent and received being managed in Council’s Records Management System;
· all information stored in either soft or hard copy on Council supplied resources is considered a Council record; and
· You must not destroy, alter or dispose of council information or records unless authorised to do so.
These new requirements will be covered in more detail as part of training given to Councillors on the Code of Conduct. However, if you create any document (excluding emails) in your role as a Councillor these documents are considered a Council record and need to be provided to Council through the Councillor Support staff to be stored in Council’s records management system.
Training on the Code of Conduct
A briefing for Councillors on the new Code of Conduct was provided on 5 March 2019. Upon adoption of the Code of Conduct, Council staff will publish the code of Conduct on Council’s Website and Staff Intranet and distribute copies of the Code of Conduct and organise training in the Code of Conduct to Councillors, members of staff and delegates to Council. Given, the size of the orgnaisation this training program will take up to 12 months to complete.
Council staff have already held preliminary discussions with the Internal Ombudsman and Cumberland and City of Parramatta councils on developing a training program that can be delivered to all staff by an external consultant to achieve cost and resource savings. A separate training program will be organised for Councillors and scheduled as a Councillor Briefing.
FINANCIAL IMPLICATIONS
There are funds available in the Corporate Training and Councillors budgets to cover the cost of training in the Code of Conduct.
OTHER STAFF COMMENTS
Nil.
PUBLIC CONSULTATION
Nil.
CONCLUSION
Nil.
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1.⇩ |
Model Code of Conduct |
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2.⇩ |
Procedures for the Administration of the Code of Conduct |
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Council Meeting 12 March 2019 |
Subject: Notice of Motion: Sustainable Community Buildings
From: Councillor Marghanita Da Cruz
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THAT Council:
1. Receive an urgent report on converting the Composting Toilet at White’s Creek Cottage to a conventional toilet and converting the lower level to either a store room or additional toilet; and
2. Review the Sustainability of the White’s Creek Cottage and report back on opportunities to improve its financial and environmental sustainability. |
Background
The Whites Creek Cottage Community Centre was opened in March 2009. The Cottage incorporates elements of environmentally sustainable design including a composting toilet, which requires the supply and use of sawdust instead of a water flush. The material from the toilet is deposited into the room below, from where it was intended to be used, on the nearby community gardens. This does not happen and cleaners have to deal with the human waste. The Venue instructions state: "Whites Creek Cottage incorporates elements of environmentally sustainable design and is intended to be as sustainable as possible. This includes a compostable toilet. Please ensure that the compostable toilet is used according to directions. (https://www.innerwest.nsw.gov.au/explore/venues-for-hire/rooms-halls-and-other-venues/whites-creek-cottage)
Users of the Cottage avoid using the composting toilet which is the only accessible toilet from the cottage. There are two public toilets at the cottage, which are used by hirers of the adjacent Dairy, Community Garden and Parklands including for the Footprints EcoFestival. In addition to the Composting Toilet, the renovation of the Cottage included the installation of Rain Water Tanks, Fluorescent Light Bulbs. There are no Solar Panels on the Cottage or the adjacent “Dairy”.
Since 2009, LED Lighting has superseded Fluorescent Lighting in energy efficiency, Solar Panels and Batteries have matured, Smart Technologies have emerged which can manage energy use and optimise revenue for PV generated energy. Gas prices have also increased significantly. Smart Technologies could also be applicable to access control of the community facilities. There may also be opportunities to demonstrate energy efficiency, demand management, waste and water use practices at the cottage. There may also be opportunities to increase the utilisation of the cottage through better information on the Council’s website and booking processes.
Officer’s Comments:
Comment from Group Manager Properties, Major Projects and Facilities:
A consultant would need to be engaged to undertake a feasibility assessment and design to implement recommendation 1 and would cost approximately $5,000. A report could be provided to Council within 6 months detailing the results of the feasibility assessment and opportunities to improve White’s Creek Cottage financial and environmental sustainability.
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Council Meeting 12 March 2019 |
Subject: Notice of Motion: Birchgrove Oval
From: Councillor John Stamolis
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Motion:
THAT Council prepare a plan of work for the repair of the Birchgrove Oval picket fence and to report this plan to the first Ordinary Council meeting in April 2019. |
Background
The Birchgrove Oval picket fence is in the early stage of disrepair. This has been reported to Council on several occasions. This disrepair could be fixed now before the problems become worse and more expensive; and the life of the fence could be made significantly longer.
The majority of the work needed is to replace or secure the fence brackets. Some fence posts will also need to be secured. As an historic and premier sports oval in the Inner West, it would be useful for Councillors to be informed about Councils’ basic maintenance program for its ovals.
Officer’s Comments:
Comment from Trees, Parks and Streetscapes:
Council staff have been undertaking minor maintenance on this fence. The cost to renew and replace the whole fence with new powder coated steel picket fencing is $150,000 including a concrete mowing strip. This project has not been included in the draft budget.
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Council Meeting 12 March 2019 |
Subject: Notice of Motion: Women in STEM – IWC Traineeship / Work Experience Opportunities
From: Councillor Anna York
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THAT:
1. Council adopts a “Women in STEM” traineeship and/or work experience program, to offer young women and girls in the Inner West learning and development opportunities in science, technology and engineering; and exposure to senior women STEM leaders working in Council
2. That a report be prepared for Council outlining the existing Council traineeship / work experience opportunities that could be part of this program, potential new opportunities that could be included in such a traineeship / work experience program, and recommendations for how this program can be promoted to young women and girls within the Inner West. |
Background
Women’s contributions in the areas of Science, Technology and Engineering and Maths (STEM) are vital to the future well-being of the community and economy – at both a local and a national level. Similarly, women should enjoy equal access to opportunities and careers in the STEM sectors. However, only 16% of STEM university and VET graduates are women in Australia today – one example of the gender disparity in STEM which suggests there are significant structural and cultural barriers preventing women from equal access to STEM opportunities and careers.
At the Inner West Council, we have several senior managers and staff in science, engineering and IT/digital roles. We also have several senior women managers with advanced qualifications in these areas, working in other parts of Council. Their success within their fields and within Council is a positive example to women and girls in the Inner West interested in these fields.
Council could make a substantive contribution to achieving gender equality in these areas by offering opportunities to Inner West young women and girls to be exposed to Council’s science, technology and engineering work, and our senior women managers in these fields. The opportunity to participate in work experience or traineeship programs within Council in these areas could make a significant difference for local young women and girls interested in pursuing careers or further study in these areas.
Officer’s Comments:
Comment from Group Manager Human Resources:
Council traineeship / work experience opportunities will be included in the report to Council on the EEO Management Plan within the next month.
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Council Meeting 12 March 2019 |
Subject: Annette Kellerman Aquatic Centre and Fanny Durak Aquatic Centre Sites
Prepared By: Simon Duck - Group Manager Aquatic Services
Authorised By: John Warburton - Deputy General Manager Community and Engagement
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SUMMARY The management and operation of Annette Kellerman Aquatic Centre (AKAC) and Fanny Durack Aquatic Centre (FDAC) are currently operated under contract by Belgravia Leisure. Under the terms of the contract, negotiations to extend to the final 3 year option to manage and operate AKAC and FDAC are required to be finalised by March 2019 to take effect from July 2019. Recent discussions with Belgravia show that a new agreement with Belgravia would have a greater financial commitment from them of approximately $260,000. This would be used to improve the pay and conditions of existing Belgravia staff by moving them on to the National Fitness Award and improving the service at AKAC in terms of increased operational staffing and presentation of the facility. |
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THAT Council:
1. Exercises the further 3 year options under the current Service Agreements with Belgravia Leisure for the management and operation of Annette Kellerman Aquatic Centre and Fanny Durack Aquatic Centre until June 2022 subject to Belgravia Leisure and Council entering into a variation of those agreements so as to contractually require Belgravia to implement the Fitness Industry Award in paying its staff and to implement other commitments made by Belgravia Leisure as identified in this report;
2. Commences planning and due diligence on strategic direction and vision for the management and operation of AKAC and FDAC facilities from July 2022 onwards; and
3. Ensures, via proper contract management processes, that Belgravia Leisure continues to deliver on its service obligations, particularly with respect to management of customer feedback and centre cleaning and operations. |
BACKGROUND
Belgravia Leisure have operated the AKAC and FDAC sites since the mid 2000’s and have overseen both facilities through periods of complete renovation. This has seen both sites close for a period of time during renovations. The Annette Kellerman Aquatics Centre was renovated and re-opened on 10th December 2010 and the Fanny Durack Aquatic centre was renovated and re-opened on 27th October 2013.
The Annette Kellerman Aquatic Centre is a large multipurpose Aquatic Centre featuring an indoor 50m pool, health and fitness facility, creche, café and program pools. The Fanny Durack Aquatic Centre is a seasonal outdoor pool featuring 25m, children’s pool and splash pad and café services. The facilities enjoy high levels of visitation through a range of programs and services. Both AKAC and FDAC are on track to experience record breaking attendance in the 2018-2019 year.
FINANCIAL IMPLICATIONS
Nil
OTHER STAFF COMMENTS
· Commitment to Operational Excellence- Recruit an additional Operations Supervisor at the AKAC to the value of 52k per annum and recruit an additional operations Supervisor at FDAC during opening season to the value of 30k per annum.
· Increase Commitment to Facility Presentation- Increase the annual cleaning budget by $22k at AKAC, invest in a one of centre deep clean to the value of $6k to be held on 28 February and implement peak summer cleaning schedule on extreme hot weather days to the value of $4.8k
The overall total increase in operational contribution is summarized in the table below;
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Item |
Contribution $ |
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Strategy 1 -Transitioning staff from the Belgravia Leisure Certified Agreement to the nationally recognised Fitness Industry award |
$150,000 |
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Strategy 2 - Commitment to operational Excellence |
$82,000 |
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Strategy 3 - Increase commitment to facility presentation |
$32,860 |
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Strategy 4 - Partnership Workshop and ongoing consultation with Council staff |
$- |
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Total Belgravia additional financial contribution |
$264,860 |
PUBLIC CONSULTATION
Nil
CONCLUSION
AKAC and FDAC are currently operating to a good standard (albeit with some issues and challenges experienced in 18/19) and without undue financial risk or impact to Council. The extra commitments by Belgravia Leisure and subsequent negotiation of the further 3 year option for the operation of AKAC and FDAC, affords the opportunity to develop a strategic direction to a future model from July 2022 onwards. This approach also ensures there are no additional unbudgeted costs to be incurred by Council in the short term.
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Discussion paper AKAC and FDAC Contract Extension - Confidential |
