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AGENDA R |
Extraordinary Council Meeting
TUESDAY 3 MARCH 2020
6.30pm
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Extraordinary Council Meeting 3 March 2020 |
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 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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Extraordinary Council Meeting 3 March 2020 |
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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 Condolence Motions
Nil at the time of printing.
7 Mayoral Minutes
Nil at the time of printing.
8 Reports with Strategic Implications
ITEM Page
C0320(1) Item 1 Housing and Transport Strategies - Post exhibition report 5
9 Reports for Council Decision
ITEM Page
C0320(1) Item 2 Dog Off Leash Areas in Parks Policy 7
C0320(1) Item 3 Companion Animal Action Plan 2019-2023 16
C0320(1) Item 4 Grants and Fee Scale Policy and Grant Program Guidelines 2020 17
C0320(1) Item 5 National General Assembly of Local Government 2020 27
C0320(1) Item 6 Sydney Eastern City Planning Panel Report: DA201900096 – 182-198 Victoria Road and 28-30 Faversham Street, Marrickville 40
C0320(1) Item 7 2019/20 Second Quarter Budget Review 48
10 Reports for Noting
ITEM Page
C0320(1) Item 8 Budget Savings Tracking Summary 64
C0320(1) Item 9 Investments Report as at 31 January 2020 66
11 Rescission Motions
ITEM Page
C0320(1) Item 10 Notice of Motion to Rescind: C0918(1) Item 2 Local Democracy – Outcomes of Proposed New Advisory Group Structure Public Exhibition - 11 September 2018 89
12 Notices of Motion
ITEM Page
C0320(1) Item 11 Notice of Motion: Council Response to Bushfire Crisis, Extreme Wether and Climate Change 90
C0320(1) Item 12 Notice of Motion: New residential tenancy laws (from 23 March 2020) 92
C0320(1) Item 13 Notice of Motion: Trees in High Volume 93
C0320(1) Item 14 Notice of Motion: Council Submission and Assistance to Residents: EIS Western Harbour Tunnel 95
C0320(1) Item 15 Notice of Motion: WestConnex and Western Harbour Tunnel Community Liaison Forum 97
C0320(1) Item 16 Notice of Motion: Council logo 99
C0320(1) Item 17 Notice of Motion: CEO Performance 100
C0320(1) Item 18 Notice of Motion: Posters 101
C0320(1) Item 19 Notice of Motion: Balmain Leagues Club (Tigers) Development - Public Meeting 102
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Extraordinary Council Meeting 3 March 2020 |
Subject: Housing and Transport Strategies - Post exhibition report
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Terri Southwell - Team Leader - Urban Strategy
Authorised By: Harjeet Atwal - Senior Manager Planning
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THAT Council:
1. Adopt the draft Integrated Transport Study and Strategy (Attachments 1 and 2);
2. Adopt draft Inner West Local Housing Strategy (Attachment 3); and
3. Seek endorsement from the Department of Planning, Industry and Environment for the strategies. |
DISCUSSION
Three key Inner West strategies have been exhibited in 2019 which inform the Local Strategic Planning Statement (LSPS). The three strategies relate to transport, housing and employment and retail lands. The draft Integrated Transport Strategy aims to address future transport challenges in Inner West relating to congestion, public health, liveability, economic productivity and climate change. The draft Inner West Local Housing Strategy identifies the unique housing needs of Inner West’s current and future residents, develops an approach to provide for modest housing growth consistent with projected future population growth. The housing strategy, once adopted by Council, must then be considered by Department of Planning, Industry and Environment for endorsement.
CONSULTATION
Council engaged the Inner West community on the strategies on Your Say Inner West. The strategies (including background reports) were placed on public exhibition from 24 June to 28 July 2019. Engagement Outcomes Reports, summarising the survey and submission results for the two strategies can be found at: local-housing-strategy and integrated-transport-strategy
AMENDMENTS
As a result of the public exhibition the following key changes are recommended:--
Draft Integrated Transport Strategy
· Include additional cycling and pedestrian routes to the strategic cycling map and the pedestrian network map;
· Transport vision include an aim to transition to environmentally sustainable transport;
· Review Council’s community bus services and investigate expansion;
· Investigation of the feasibility of providing car-free streets in certain periods of the week for events;
· Emphasise the importance of vegetation and tree canopy for protecting pedestrians;
· Advocate for car share, E-bikes and other bicycle share systems to be included in the OPAL card system;
· Amend light rail short cut to be between Wentworth Park Station and Exhibition Centre Station, instead of from Glebe Station and Wentworth Park Station;
· Support the proposed Light Rail to the Bays Precinct via Glebe Island Bridge having direct interchange with the Metro at the proposed Bays Precinct Metro Station, and support possible extensions to Rozelle Bay Light Rail Station or towards Balmain Town Centre; and
· Advocate to improve the coverage and frequency of ferry services in the LGA.
Draft Inner West Local Housing Strategy
· Include actions for affordable housing including advocacy to the State government and investigating planning mechanisms;
· Require compliance to the Liveable Housing Guidelines;
· Include an action to work with Specialist Disability Providers to increase accessible housing in key accessible areas;
· Add the existing biodiversity corridor and bandicoot protection zone as a constraint for housing; and
· Include key performance indicators to measure supply and demand for affordable housing in the LGA including Council’s affordable housing portfolio.
The strategies incorporating these amendments are shown as Attachments 2 and 3.
FINANCIAL IMPLICATIONS
Many of the recommended actions will have funding implications over coming years, including studies and infrastructure recommended in the draft strategies to support increased population. These will need to be considered in the development of a new contributions plan, and through Councils four-year delivery program and budget process.
Attachments 1, 2 and 3 have been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
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1.⇨ |
Draft Integrated Transport Study - for adoption |
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2.⇨ |
Draft Integrated Transport Strategy - for adoption |
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3.⇨ |
Draft Local Housing Strategy - Combined Study and Strategy - for adoption |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Dog Off Leash Areas in Parks Policy
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Aaron Callaghan - Parks and Recreation Planning Manager
Authorised By: Elizabeth Richardson - Chief Operating Officer, Director Development & Recreation
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RECOMMENDATION
THAT Council:
1. Adopt the Dogs Off-Leash Areas in Parks Policy;
2. Rescind the former Council’s policies including: Companion Animals Management Plan 2009 (former Ashfield), the Local Companion Animals Management Plan and Open Space Strategy for Dogs Policy (former Leichhardt), the Off Leash Dogs Policy (former Leichhardt) and the Open Space Strategy for Dogs (former Leichhardt);
3. Develop a map of all dog off-leash areas in parks, as a resource for the community; and
4. Commences the development of a Commercial Dog Walking Policy which address key issues associated with equity of access, public liability insurance, compliance with legislative requirements and the effective management of parks and open space areas.
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DISCUSSION
The purpose of the Policy is to identify appropriate criteria for dog off-leash areas in parks so that public spaces can be enjoyed by all members of the community and natural areas are protected.
The draft Dogs Off-Leash Areas in Parks Policy was placed on public exhibition on the Your Say Inner West website from the 4 September to 2 October 2019. The draft policy was promoted via a suite of promotions including Facebook, Twitter, the Council page in the Inner West Courier on 17 September, at the Dulwich Hill – Village Fair and at the Summer Hill – Neighborhood Feast.
771 people visited the Your Say website and 122 people made a submission. 74 people (61%) support the Policy, 24 people (20%) do not support the Policy and 24 people (20%) are uncertain/ neutral. The Engagement Report is available on the Your Say website.
Of the people who responded to the survey, 94 provided comments. They key themes outlined in the comments were as follows:
Commercial Dog Walking in Designated Dog off leash Parks.
Commercial dog walking is becoming a regular occurrence in Council’s parks and open space network. Council has received complaints from local residents and park users in relation to the unregulated nature of this activity.
Given the limitations and increasing pressures on the use and access to the Park and Open Space network, it is recommended that Council develop a Commercial Dog Walker Permit policy to address:
· equity of access,
· public liability issues associated with commercial dog walkers
· Ability to identify, mitigate and manage dog behavioral related matters
· compliance with relevant companion animal legislation
· the effective management of parks and open space areas to prevent over use and minimise the potential for recreational conflict (with other park users).
Under the Companion Animals Act, a dog is not considered to be under the effective control of a person if the person has more than 4 dogs under his or her control. Concerns have been expressed from the community that a number of commercial dog walkers are not adhering to the law in this regard and that a number of parks currently being accessed by commercial operators are not suitable spaces for such high use. A policy framework is needed to provide clarification on the obligations of commercial dog walkers as well as ensure good open space management. This policy will be developed with input and ownership from Council’s Companion Animal Services team, Legal Services and Sport and Recreation.
FINANCIAL IMPLICATIONS
Park Plans of Management as developed will consider costs associated with off leash areas.
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1.⇩ |
Dog Off Leash Areas in Parks |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Companion Animal Action Plan 2019-2023
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Jenny Nelson - Team Leader Companion Animal Services
Authorised By: Elizabeth Richardson - Chief Operating Officer, Director Development & Recreation
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RECOMMENDATION
THAT Council:
1. Adopt the Draft Companion Animal Action Plan, and
2. Write to all who made submissions in relation to the Draft Companion Animal Action Plan to inform them of Council’s decision.
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DISCUSSION
The Draft Companion Animal Action Plan 2019-2023, details how Council intends to manage responsible companion animal ownership in the Inner West for the next 4 years.
Section 6(A) of the Companion Animals Act 1998, requires NSW councils to promote awareness of the requirements of the Act and manage procedures related to the responsibilities of companion animal ownership. There are approximately 35,500 dogs and 29,200 cats identified on the NSW Companion Animals Register as residing within the Inner West LGA.
The Draft Companion Animal Action Plan was publicly exhibited from 28 October 2019 to 24 November 2019 and a total of twenty (20) submissions were received. The majority of submissions supported the plan and provided feedback on off-leash area, monitoring of public spaces and the environment. This feedback will be considered in the implementation of the Plan.
A copy of the community engagement report can be viewed at: https://yoursay.innerwest.nsw.gov.au/companion-animal-action-plan
Attachment 1 has been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
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1.⇨ |
Companion Animal Action Plan 2019 – 2023 - (published separately on Council’s website) |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Grants and Fee Scale Policy and Grant Program Guidelines 2020
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Tess Newton-Palmer - Community Resourcing and Research Supervisor,
Authorised By: Erla Ronan - Director City Living
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RECOMMENDATION
THAT Council amends the Grants and Fee Scale Policy and adopts the Grant Program Guidelines 2020 as shown in Attachments 1 and 2. |
DISCUSSION
The Draft Grants and Fee Scale Policy and Draft Inner West Grant Program Guidelines 2020 were circulated to Councillors on 3 September 2019 and placed on public exhibition for 28 days from 19 October 2019 to 17 November 2019.
PUBLIC CONSULTATION
During the exhibition period, Council received 8 submissions. Submissions provided feedback on the operation of the grants programs and this was considered as part of the Grant Program Guidelines.
The community engagement outcomes report can be viewed here:
https://yoursay.innerwest.nsw.gov.au/49907/widgets/262891/documents/128749
FINANCIAL IMPLICATIONS
Council’s Annual Grant Program is supported by recurrent funding of $443,000.
Attachment 2 has been published separately in the Attachments Document on Council’s Website https://www.innerwest.nsw.gov.au/about/the-council/council-meetings/current-council-meetings
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1.⇩ |
Draft Grants and Fee Scale Policy |
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2.⇨ |
Draft Inner West Grant Program Guidelines 2020 - (published separately on Council’s website) |
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Extraordinary Council Meeting 3 March 2020 |
Subject: National General Assembly of Local Government 2020
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Katherine Paixao - Governance Coordinator
Authorised By: Melodie Whiting - Director Corporate
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RECOMMENDATION
THAT Council:
1. Give consideration to Councillors attending the National General Assembly of Local Government 2020; and
2. Give consideration to putting forward and adopting any motions that meet the National General Assembly’s criteria by 27 March 2020. |
DISCUSSION
The National General Assembly of Local Government 2020 will be held in Canberra from 14-17 June 2020. The purpose of the General Assembly is to bring together councils from around Australia to discuss, debate and adopt motions of national significance. The cost for registration, travel and accommodation for the General Assembly will be approximately $2000 per Councillor. Funds are available in the Councillors Conference and Training Budget to cover these expenses.
The National General Assembly is an important opportunity for councils to influence the national policy agenda. The primary focus of all motions should be to strengthen the capacity of local government to provide services and infrastructure in Australia. To be eligible for inclusion in the Business Papers, and subsequent debate on the floor, motions must meet the following criteria;
· Be relevant to the work of local government nationally;
· Be consistent with the theme of ‘Working Together for our Communities’;
· Complement or build on the policy objectives of your state and territory local government association;
· Propose a clear action and outcome; and
· Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.
Motions must be adopted by the Ordinary Council Meeting on 24 March to meet the Conference deadline of 27 March. To assist councils to identify motions that address the 2020 theme, ‘Working Together for our Communities’, the Australian Local Government Association Secretariat has prepared a short discussion paper shown as Attachment 1.
FINANCIAL IMPLICATIONS
Nil.
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1.⇩ |
National General Assembly Discussion Paper 2020 |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Sydney Eastern City Planning Panel Report: DA201900096 – 182-198 Victoria Road and 28-30 Faversham Street, Marrickville
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Matthew Di Maggio - Senior Planner
Authorised By: Elizabeth Richardson - Chief Operating Officer, Director Development & Recreation
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THAT Council determine whether it wishes to make a submission to the Panel in relation to the proposal, and if so, the contents of such submission. |
DISCUSSION
This report concerns a development application to demolish existing improvements and construct a mixed-use development ranging from 6 storeys to 12 storeys in height comprising 2,387sqm of ground floor retail floor space, 272 residential apartments and two levels of associated basement car parking. The development has a capital investment value (CIV) of $129,148,000. Applications with a CIV of more than $30 million must be referred to the Sydney Eastern City Planning Panel (SECPP). Council officers carried out an assessment of the application and the briefing report forwarded to the SECPP is shown as Attachment 1. The panel were briefed on the matter on 13 February 2020 and the application is to be determined on 5 March 2020. A full assessment report will be distributed to Councillors by email prior to the 25 February Council meeting.
The site is located directly north of Wicks Park and is within the Victoria Road Precinct (Precinct 47) under the Marrickville Development Control Plan 2011 (MDCP 2011). The desired future character for Precinct 47 envisions the transitioning of predominately industrial land uses into a mixed used precinct; including commercial, creative, residential and light industrial uses. The subject proposal is the second, major development application submitted in Precinct 47 after 1-9 Rich Street, Marrickville (DA201700558); which was approved by the SECPP on 25 July 2019.
Departures from the controls include the Local Environmental Plan (LEP) building height limit (3.6% or 850mm - level 6 only) and DCP Precinct controls including built form and movement network. The departures are considered acceptable, as improved amenity outcomes are achieved and the objectives of the Victoria Road Precinct are generally satisfied.
In general terms, the application is supported by Council staff subject to the successful resolution of outstanding issues via recommended consent conditions relating predominately to traffic and parking matters; which were presented to the Local Traffic Committee (LTC) on 3 February 2020.
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Council Officer SECPP Briefing Report - DA201900096 182-198 Victoria Road and 28-30 Faversham Street, Marrickville |
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Extraordinary Council Meeting 3 March 2020 |
Subject: 2019/20 Second Quarter Budget Review
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Daryl Jackson - Chief Financial Officer
Authorised By: Michael Deegan - Chief Executive Officer
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THAT the 2019/20 2nd Quarter Budget Review be adopted. |
DISCUSSION
This report provides a comprehensive high-level overview of Council’s financial position as at 31 December 2019. Any forecast results are projections as at 30 June 2020. Council has updated its projected budget result to $18.8 million including capital revenue of $32.4 million, this is a reduction of $13.7 million. Excluding capital revenue, a deficit of $71,500 has been projected against the 2019/20 Adopted Budget Deficit of $4.3 million. The change is predominantly due to a thorough review of the operating model and budgeted revenue and expenditure. This budget review aligns to the new council reporting structure (Item 30 in Attachment 1 incorporates the change to service unit reporting lines). The following are key movements with a brief explanation and impact on Council’s budget:
- Decreased Capital Expenditure of $15.1m -
· Greenway Central Links staged works $8.8m - refer to Item 2 in Attachment 1.
· Property Capital Projects – $5.7m - refer to Item 2 in Attachment 1.
- Forecast decrease in revenue relating to Capital & Operational Grants & Contributions
· Greenway Central Links staged works - $8.8m (delay for resolving the existing infrastructure and approval process - Longport Street and Parramatta Road).
- Forecast decrease in revenue relating to User Charges & Fees -
· Children Family Services - $1.3m (Yirran Gumal Childcare Centre opening has been rescheduled).
· Strategic Planning - $1.9m (Compliance Levy was inadvertently added in the Q1 Budget Review).
- Forecast decrease in Employee Costs –
· Children Family Services - $1.1m (Yirran Gumal Childcare Centre opening has been rescheduled).
- Forecast decrease in Operating Expenses –
· Depreciation & Amortisation adjustment - $5.1m (aligning budget to actual depreciation rates. Actual rates taken from new capital works system).
The responsible accounting officer is of the opinion that the Quarterly Budget Review Statement for the quarter ended 31 December 2019 indicates that Council’s projected financial position at 30 June 2020 continues to remain under pressure. The proposed budget adjustments include $15.1m of capital projects that have either been placed on hold or savings from completed projects – refer to Item 2 in the Attachment 1.
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December 2019 QBRS Financial Statements & Movements |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Budget Savings Tracking Summary
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Daryl Jackson - Chief Financial Officer
Authorised By: Michael Deegan - Chief Executive Officer
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RECOMMENDATION
THAT the Year to Date Budget Savings Tracking Report for January 2020 be received and noted. |
Background
Council adopted its 2019/20 Budget and resolved to make $10m savings to ensure Council is financially sustainable. The attached Savings Tracking Summary will be used to track each designated item of savings to ensure that Council remains on track to achieve them by 30 June 2020 as reflected in the attached report.
The Year to Date January 2020 Report shows a realised savings of $12.2m. Council is on track to achieve its agreed saving and finance will continue to monitor the business closely.
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1.⇩ |
YTD January 2020 Budget Savings Tracking |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Investments Report as at 31 January 2020
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
Prepared By: Brendhan Barry - Manager Financial Services
Authorised By: Daryl Jackson - Chief Financial Officer
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RECOMMENDATION
THAT the report be received and noted.
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DISCUSSION
Council’s holding in various investment categories are listed in the table below. Council’s portfolio size sits at $226m, of which 89% are A rated or above. All Socially Responsible Investments (SRI’s) are investments that comply with the Non-Fossil Fuel standards.
During August, Council received a $40m loan from Tcorp for the Ashfield Aquatic Centre Redevelopment project and invested these funds in line with the contractor’s payment schedule. The reduction in investments for this period reflects the maturity of funds that are timed to mature in accordance with the expected future cash outflows.
Council’s annualised return continues to exceed the bank bill index benchmark. Council’s portfolio had a One-Month Portfolio Investment Return of 3.80%, above the UBSWA Bank Bill Index Benchmark (0.96%).
The attachments to this report summarise all investments held by Council and interest returns for periods ending 31 January 2020.
The Current Market value is required to be accounted for. The Current Market Value is a likely outcome if Council were to consider recalling the investment prior to its due date.
All investments made for the month of January 2020 have been made in accordance with the Local Government Act, Local Government Regulations and the Inner West Council Investment Policy.
EXTERNAL / INTERNAL RESTRICTIONS
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1.⇩ |
IWC Jan20 |
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2.⇩ |
IWC Economic and Investment Portfolio Commentary Jan20 |
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion to Rescind: C0918(1) Item 2 Local Democracy – Outcomes of Proposed New Advisory Group Structure Public Exhibition - 11 September 2018
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor John Stamolis
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Motion:
The abovementioned Councillor, hereby submit a Notice of Motion to rescind Council’s resolution of C0918(1) Item 2 Local Democracy – Outcomes of Proposed New Advisory Group Structure Public Exhibition and propose the alternative Motion be adopted as follows:
THAT Council to reinstate Council Committees at the commencement of the 2019/20 year.
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Officer comment from Communications and Engagement Manager:
An interim review, as noted in the report C0818(3) Item 4, is currently underway. Council will receive a report of the review when complete.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Council Response to Bushfire Crisis, Extreme Wether and Climate Change
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: The Mayor, Councillor Darcy Byrne
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Motion:
THAT Council:
1. Note the existing policies and programs which have been instituted by our local government to reduce carbon emissions, invest in renewable energy, reduce energy costs to ratepayers and mitigate impacts on local people of extreme weather, including;
a. Sourcing the equivalent of Council’s daytime energy usage from Moree Solar Farm; b. Systematically replacing residential street lighting with LED lighting; c. Establishing the Solar my School program; d. Becoming 100 per cent divested from fossil fuels and incorporating divestment principles into tendering processes; e. Committing to being 100 per cent powered by renewable energy and achieving carbon neutrality by 2025; and f. Resolving to double to investment in tree plantings in the 2020/21 Budget and establishing a dial-a-tree program to provide free trees for planting to local residents.
2. Request a report from the CEO to be tabled at the March Ordinary meeting on further actions to be taken by Council in response to the bushfire crisis and the new environmental hazards posed, including;
a. Establishing a sister Council relationship with a fire effected LGA in NSW to provide short medium and long-term support to their council and community. This should include consideration of staff secondment to assist with services, loaning or provision of assets and resources and community to community activities that can allow residents, businesses and organisations in the Inner West to contribute to recovery and ongoing support; b. Options for how Council can assist in the recovery efforts following the biodiversity crisis created by the bushfires; c. The health and safety monitoring and compliance for council staff and facilities and the general community, including whether increased air quality monitoring from the responsible state government agencies is required; d. The existing statutory and adopted policy/compliance processes for closure of council facilities such as pools and sporting grounds impacted by air pollution; e. Review of Council’s existing heat monitoring and alleviation strategies for our community, including the potential to of provide cooling areas, especially for vulnerable populations, on hot days; f. Consultation with the Local Area Health Service seeking advice about mitigation measures Council can undertake to reduce impacts on the population during periods of poor and hazardous air quality and extreme heat; g. Water storage options for council buildings, and any programs with the state government to encourage people to properly invest in and use grey water; h. Consultation with local bushcare and biodiversity groups and environmental peak bodies on the above actions; i. A potential partnership with Inner West Tree Growers, a newly established community group which is seeking to partner with Council on the implementation of our tree planting program; and j. Confirming the implementation timeline for the implementation of Council’s existing solar and sustainability programs throughout 2020.
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Background
This summer has seen the tragic devastation caused by bushfires ravaging across Australia.
We have also seen an unprecedented number of Australians in urban areas desperate to help those in need, and there are several practical ways Metropolitan Councils can provide relief to affected communities in regional and rural NSW.
The heat and smoke that has accompanied these fires has also been affecting communities across the country, and the Inner West has not been immune to these impacts.
The times require us to review the policies and actions we are taking to protect both Council staff and the broader Inner West population.
Communities across Australia are seeking that their political leaders and Governments have coordinated plans and policies to help address and mitigate the impact of climate change on their daily lives.
Officer’s Comments:
Staff have no comment.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: New residential tenancy laws (from 23 March 2020)
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor John Stamolis
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Motion:
THAT Council advertise the changes to NSW residential tenancy laws on its website. |
Background
With 44% of dwellings in the Inner West being rented compared with 32% across NSW, the recently announced changes to residential tenancy laws will have significant relevance here.
Changes to the residential tenancy laws commence 23 March 2020, with amendments to the Residential Tenancies Act 2010 and the new Residential Tenancies Regulation 2019.
The changes improve tenants’ renting experience while ensuring landlords can effectively manage their properties. The changes aim to reduce disputes over repairs and maintenance, increase protection and certainty for tenants, and clarify the rights and obligations of tenants and landlords.
Here are the key changes which start on 23 March 2020.
· Minimum standards to clarify 'fit for habitation
· New smoke alarm obligations for landlords
· Damage and removing modifications
· New mandatory set break fees for fixed term agreements
· Strengthened information disclosure requirements
· New information to be disclosed to prospective strata tenants
· Remedies for tenants for breaches to information disclosure requirements
· New rectification order process
· New standard form of agreement
Officer’s Comments:
Staff have no comment.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Trees in High Volume
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor John Stamolis
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THAT Council:
1. To develop a tree care and management policy for areas of high public and traffic use; and
2. To prioritise tree planting over hot surfaces to reduce the urban heat island effect, to provide more shade for the public and to beautify the local environment. |
Background
The recent tree failure on Norton Street highlights the need for Council to be more active in maintaining its trees, especially in areas of high public and traffic use. This motion requests Council to develop an effective assessment and maintenance program for trees in areas of high use. Residents have also suggested that there are currently trees along highly used streets such as Norton Street and Marion Street that need assessment while there are other local streets where there has been no Council maintenance for many years.
In years where there is drought and as the impact of climate change becomes more pronounced, it is vital that our trees are protected and cared for and that public risk is minimised.
A more effective tree inspection and maintenance program for Council trees will not only reduce risk, it could save many trees through early intervention and it could improve tree management and planting strategy in high use areas. Council should also prioritise tree plantings over hot surfaces such as roads and footpaths in order to reduce the urban heat island effect, to provide more shade for people and to beautify our area. There is enormous scope and opportunity across the Inner West to increase shade over hot surfaces and to improve our local environment. Council should set performance targets and make these publicly available. Such indicators would not only include the number of trees planted but the expected canopy as well.
Officer’s Comments:
Comment from Urban Forest and Ecology Manager:
Council undertakes proactive and reactive maintenance on all its street trees on a regular basis. An LGA wide tree inventory has just been finalised which will allow Council to develop a detailed forward inspection and tree maintenance cyclic program. This program will be maintained as a live database to ensure the data is kept up to date and Council is able to monitor the condition of its urban forest effectively.
On the back of this inventory a new tender for tree maintenance and management service is currently being prepared and will be put in place at the start of the 2020/2021 financial year. This tender will include a best practice specification and set a high standard of tree maintenance for the Inner West. Aspects such as prioritising tree maintenance along high traffic areas will be included in this specification.
Council’s tree planting program currently already prioritises planting based on heat and uses the latest available heat maps to inform the program. The upcoming planting for the 5 million trees program focuses primarily on sites covered in concrete to help reduce the urban heat island effect.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Council Submission and Assistance to Residents: EIS Western Harbour Tunnel
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Rochelle Porteous
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THAT:
1. The Mayor and CEO write to the Minister for Transport requesting that the exhibition period for the EIS be extended to 30 March 2020; 2. Council make a submission to the EIS for the Western Harbour Tunnel and Warringah Freeway; 3. A short report be brought to the 25 February Council meeting outlining how Council’s submission to the EIS will be undertaken and which consultants have been or will be appointed. The report should also identify any additional funding required for specialist consultants and should ensure the submission council submits is well-researched, detailed and carefully evidenced; 4. Council holds a public meeting to provide residents with the staff’s analysis of the impacts of the Western Harbour Tunnel and advice to residents in writing their own submissions. The Balmain Ward Councillors should also be invited to speak at this public meeting; and 5. Council provide information on the EIS; the council’s analysis of impacts and help with making a submission on council’s website. |
Background
Late last week the Balmain and Rozelle community was informed via email and letterbox drop that the Environmental Impact Statement (EIS) is now out for the Western Harbour Tunnel Tollway which will run under the Balmain peninsular and link through to Rozelle, possibly with the Balmain Leagues Club (Tigers) as a dive site. Submissions to the EIS will close on 12 March 2020, which is very little time for Council and community groups and individuals to research and make submissions. At the very least the date to accept submissions should be extended to 30 March 2020. This development, should it proceed, would have significant negative impacts on the residents and local businesses of the Balmain peninsula as well as residents and businesses in Rozelle and Lilyfield.
It is critical that council allocate the resources needed to produce a well-researched, detailed and carefully evidenced submission on behalf of local residents and businesses. This is likely to need additional consultants to undertake elements of the submission particularly in relation to issues such as the management of the large amount of soil which will be dredged from the harbour; the impact of the depths of the tunnels on local infrastructure, homes and the many heritage buildings on the peninsula; vibration and noise impacts; air pollution and unfiltered exhaust stacks impacts; traffic impacts and impacts on marine life from the dredging. It is also important that the community is supported with developing and lodging their submissions and that they have access to information and studies done by council and have the opportunity to attend a public meeting run by council staff which can provide them with independent information about the development.
Officer’s Comments:
Comment from Director Infrastructure:
Staff are reviewing the substantial EIS documentation. It is anticipated that a draft submission will be reported to Council’s Meeting on 10 March. Transport for NSW have arranged public information sessions to discuss the EIS. These will be held in the Balmain Townhall on Thursday 6 February 2020 4pm to 7pm and Saturday 22 February 2020 11am to 2pm.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: WestConnex and Western Harbour Tunnel Community Liaison Forum
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Rochelle Porteous
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THAT: 1. The WestConnex Community Liaison Forum be
continued with the inclusion of the Western Harbour Tunnel Beaches Link
Project, to be renamed the WestConnex and Western Harbour Tunnel Community
Liaison Forum; and 2. Meetings be held in the evening rather than during the day to enable more community members to attend. That relevant community groups opposing the Western Harbour Tunnel be invited to attend the Forum together with the current community group representatives, the authority representatives and representatives from RMS and the contractors. Councillors and the General Manager should also be encouraged to attend. |
Background
Westconnex has been one of the most devastating developments in the Inner West and prior to the forced amalgamation of the 3 councils – Leichhardt, Marrickville and Ashfield, all 3 councils were strong and united in their opposition to WestConnex. The Administrator of the forcibly amalgamated council, Richard Pearson, soon realised that WestConnex was a critically important issue for local residents and following strong lobbying from the community established the WestConnex Unit within council and the WestConnex Community Liaison Forum which met monthly with alternate day and evening meetings. The forum has been a real lifeline for many community groups with relevant authorities attending and providing information and answering questions at these meetings – such as the Environment Protection Authority and Department of Planning, Industry & Environment.
It is unfortunate that the RMS and the contractors have not attended recent meetings and they should be encouraged to attend. Attendance from the community groups has been solid and consistent noting in the last 4 meetings community representatives from Haberfield, St Peters, Leichhardt, Annandale, Rozelle and Balmain, Ashfield and Newtown. I note that Councillors were not consulted on the decision to discontinue the forum nor have they received any notification that the Forum has been discontinued, similarly the community members were not alerted beforehand to the fact that that the forum was at risk of being discontinued.
Discontinuing this Forum could not come at a worse moment with the construction of the M4-M5 Link proceeding and residents once again being kept in the dark and treated very poorly by the contractors and the RMS. In the opinion of members of the Forum the TfNSW WestConnex Community Reference Group (WCRG) does not in any way substitute the role of the WestConnex Community Liaison Forum.
In addition the EIS for the Western Harbour Tunnel Beaches Link Project has just been announced with the closing date for submissions being 12 March 2020. Local community groups are rightly very concerned about the impact of the Western Harbour Tunnel and the Liaison Forum would provide a voice for the community and support through council to relevant authorities for community groups opposed to this proposed development.
Officer’s Comments:
Comment from Director Infrastructure:
Recently Council has been reviewing the operation and effectiveness of all its committees. The need for WCLF has been falling away as WestConnex issues have become less strategic in nature, and WCLF functions are increasingly being served by the TfNSW WestConnex Community Reference Group (WCRG). The ability for the contractors and State agencies directly address the community’s issues has improved. Council now has a multiplicity of major projects affecting our community. The CEO is proposing a higher level strategic discussion between Council, TfNSW and the community.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Council logo
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Julie Passas
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Motion:
THAT Council receive a full report on the new logo, name of the successful group or person, cost of the logo Meetings, staff time and other resources. Amount to be paid to the successful tender and who decided on the logo for our Council.
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Background
Councillors have been sent a copy of the new Council logo and were told it was to be made public on the 3 February 2020. Please advise why Councillors were not given the opportunity to comment on or approve the new logo.
Officer’s Comments:
Comment from Communications and Engagement Manager:
At the Council Meeting on 26 June 2018, Council resolved that a 9 person panel be established to determine and finalise the selection criteria, brief expressions of interest, make the final decision, oversee the engagement strategy on a new brand. The resolution also stated that Council commence the rollout of the new brand/logo once the panel had made its decision. The panel had representation from Councillors, the community and staff.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: CEO Performance
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Julie Passas
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Motion:
THAT a meeting on the CEO Performance be convened of full Council as soon as possible. |
Background
The review panel regarding the performance of the CEO has not been reported to Council since the appointment. As with many other councils I request a meeting be convened of full Council as soon as possible, as it is 12 months since the appointment.
Officer’s Comments:
Comment from Director Corporate:
At the CEO Performance Review Panel meeting conducted on 27th July 2019, the Panel agreed that the CEO provide a 6 monthly progress update to all Councillors in confidential session with provision for questions and feedback with a full performance review by the Panel undertaken in 12 months, i.e. July 2020. The 6 monthly progress update is currently underway and being externally facilitated. An update will be provided to all Councillors.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Posters
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Julie Passas
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Motion:
THAT: 1. Councillors be advised of the policy on Councillors displaying their photos; and 2. Councillors receive copies of infringement notices issued to individuals and parties. |
Background
This motion seeks clarification of the directive sent to Councillors by the CEO, regarding Councillors displaying their images publicly. The correspondence said Councillors would be sent infringement notices if they did not comply. As there are several election corflutes on poles in the local government area as we speak from previous State and Federal elections have those responsible paid a fine.
Officer’s Comments:
Comment from Chief Executive Officer:
An email was sent to Councillors on 11 December 2019, stating that Council has received complaints about election posters and advising that Council will remove any sign that infringes the requirements of the Local Government Act and fines will be issued and compliance will be handled by staff with impartiality. The poster in question was attached to a Council pole and was obstructing the footpath.
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Extraordinary Council Meeting 3 March 2020 |
Subject: Notice of Motion: Balmain Leagues Club (Tigers) Development - Public Meeting
Council at its meeting on 25 February 2020 resolved that the matter be deferred to the meeting to be held on 03 March 2020.
From: Councillor Rochelle Porteous
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THAT Council organises a public meeting on the Balmain Leagues Club (Tigers) Development proposal including recent amendments as soon as possible. The meeting should outline in detail council’s current assessment of the development, with presentations from council staff with relevant expertise – design, planning, traffic management and access and these staff also available to respond to questions from the audience following the presentation. Balmain Ward Councillors should also be invited to speak. Any funding required to be sourced from the Strategic Planning Community Engagement Budget. |
Background
The Development Application for the Balmain Leagues Club (Tigers) 138-152, 154-156 Victoria Rd; 697 Darling St, 1 and 3-7 Waterloo St Rozelle is currently on exhibition and has not been determined. Balmain, Birchgrove and Rozelle residents were recently notified via letter that amendments have been made to the application which has resulted in its being re-exhibited. The current exhibition period will run for 30 days from 31 January to 2 March 2020. There was an expectation in the community that, just as had always happened automatically with Leichhardt Council and as also happened with the DCP with the Inner West Council that there would be a public meeting to explain the DA and its impacts to residents and enable them to make submissions. This has not occurred. This is a very significant development for the residents of Balmain, Birchgrove, Rozelle and Lilyfield and has a long history of strong community opposition to overdevelopment of the site as its potential impacts if approved could be widespread and negative. In addition recent amendments to the DA will push significant commercial and retail traffic onto currently quiet residential streets which will result in widespread impacts on the local community.
Development Details:
D/2018/219: 138-152, 154-156 Victoria Road, Rozelle, 697 Darling Street, Rozelle, 1 Waterloo Street, vacant lots 3-7 Waterloo Street Rozelle ($132,800,000). integrated development under the EP&A Act 1979. mixed use development on the above properties generally known as the “balmain leagues club” site. there will be a total of 168 residential units. development will comprise; demolition, excavation and remediation of the site, construction of two basement levels for residential and commercial parking, three laneways (heritage lane, little darling lane and tigers lane), a public town square (plaza) and three buildings that are between 11 to 12 storeys in height providing for 164 residential units and retail (including a supermarket), commercial and licensed club on the lower levels. development fronting waterloo street will comprise two to three storey buildings for four live/work units. rooftop landscaping, green walls and communal open space is proposed. development fronting darling street will comprise the creation of one of the three proposed laneways (heritage lane) and the reinstatement of the façade of no. 697 darling street to provide specialty retail premises. other approvals required – section 138 of the Roads Act 1993 – Roads & Maritime Services. Applicant – Heworth. notification period 31 January 2020 to 2 March 2020 .
Officer’s Comments:
Comment from [Insert Officer Title]:
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