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Council Meeting
28 April 2020
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Minutes
of Ordinary Council Meeting held on 28 April 2020 remotely and livestreamed on
Council’s website.
Meeting
commenced at 6.30pm
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Present:
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Darcy Byrne
Vittoria Raciti
Marghanita Da Cruz Mark
Drury
Lucille McKenna OAM
Colin Hesse
Sam Iskandar
Tom Kiat
Pauline Lockie
Victor Macri
Julie Passas
Rochelle Porteous
John Stamolis
Louise Steer
Anna York
Michael Deegan
Elizabeth Richardson
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Mayor
Deputy Mayor
Councillor
Councillor
Councillor
Councillor
Councillor (7.11pm)
Councillor
Councillor
Councillor
Councillor
Councillor (6.33pm)
Councillor
Councillor
Councillor
Chief
Executive Officer
Chief Operating
Officer, Director Development and Recreation
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Cathy Edwards-Davis
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Director Infrastructure
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Ian
Naylor
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Manager
Governance
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Katherine
Paixao
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Governance
Coordinator
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APOLOGIES: Nil
DISCLOSURES OF INTERESTS: Nil
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C0420(2) Item 13 Mayoral
Minute: Anzac Day
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Motion: (Byrne)
THAT Council thank the:
1. Publicans
from The Royal Hotel, Leichhardt, The Salisbury Hotel, Stanmore, and the Unity
Hall Hotel, Balmain, who hosted three improvised ANZAC Day ceremonies on 25
April 2020;
2. Three
buglers, Louise Horwood, David Young and Sarah Brown, who played The Last
Post at the three improvised ANZAC Day ceremonies on 25 April 2020; and
3. Balmain-Rozelle
RSL sub-Branch, RSL NSW and the Leichhardt Celebrity Brass Band for their
assistance with the three improvised ANZAC Day ceremonies on 25 April 2020.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, Macri, McKenna
OAM, Passas, Raciti, Stamolis, Steer and York
Against Motion: Nil
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Councillor Porteous entered the meeting at
6.33pm
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C0420(2) Item 1 Delegation
of Operational Traffic Matters
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Motion: (Byrne/Stamolis)
THAT:
1. Council note the decision made under delegation by the Mayor;
2. The impact of the decision made under delegation be reviewed in
twelve months;
3. Council note that Local Traffic Committee Minutes will continue to
go to Council for adoption; and
4. Council
report back on its delegations to ensure these are consistent with other councils
and also with regard to the Local Government Act.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Kiat, Lockie, Macri, McKenna
OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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C0420(2) Item 2 Endorsement
of Draft Plan of Management Leichhardt Park
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Motion: (Byrne/York)
THAT Council as land manager of Leichhardt Park;
1. Endorse
the Draft Plan of Management (D500207) and refer this to the Minister for
Water, Housing and Property for owners consent; and
2. Note
that on receipt of owners consent the Draft Plan of
Management will be exhibited for 28 days and brought back to Council for
adoption.
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Motion Tied
For Motion: Crs Byrne, Drury, Lockie, Macri, McKenna OAM, Raciti and York
Against Motion: Crs Da Cruz, Hesse, Kiat, Passas, Porteous, Stamolis and Steer
The Chairperson used his Casting Vote for
the MOTION and the MOTION was carried.
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Foreshadowed
Motion: (Porteous/Da Cruz)
THAT Council gives in principle support for
the location of the Skate Plaza in Leichhardt Park however notes the many
residents have concerns with the current identified location for the Skate
Plaza and therefore that the consideration of the Draft Leichhardt Park Plan
of Management be deferred and consultation extended until council is able to
undertake face to face consultation in situ with residents and skate park
users on the proposed site and other sites which have been nominated as
alternate sites within the park for location of the Skate Park.
This Foreshadowed motion lapsed.
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Councillor Iskandar entered the Meeting at
7:11 pm.
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C0420(2) Item 3 Endorsement
of Tempe Reserve & Tempe Lands Draft Plan of Management
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Motion: (Byrne/Macri)
THAT Council as land manager of Tempe reserve (D1000502 & D500215);
1. Endorse
the Draft Plan of Management and refer this to the Minister for Water,
Housing and Property for owners consent; and
2. On
receipt of owners consent place the Draft Plan of Management on public
exhibition for 28 days and the Plan be brought back to Council for adoption.
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Motion Carried
For Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas,
Raciti, Steer and York
Against Motion: Crs Da Cruz, Hesse, Kiat, Porteous and Stamolis
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C0420(2) Item 4 Local
Traffic Committee Meetings - March and April 2020
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Motion: (Da
Cruz/McKenna OAM)
THAT the Minutes of the Local Traffic Committee
Meetings held in March and April 2020 be received and the recommendations be
adopted.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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C0420(2) Item 5 Investment
Report as at 31 March 2020.
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Motion: (Da
Cruz/Passas)
THAT Council:
1. Receive
and note the report; and
2. Requests our investment advisers to include the charter
of each of the “Socially Responsible Investments” in
monthly reports.
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Motion Lost
For
Motion: Crs
Da Cruz, Hesse, Kiat, Passas, Porteous, Stamolis and Steer
Against
Motion: Crs Byrne,
Drury, Iskandar, Lockie, Macri, McKenna OAM, Raciti and York
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Foreshadowed Motion (Drury/Byrne)
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, Raciti, Stamolis, Steer and York
Against Motion: Cr Passas
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ADJOURNMENT
8.04pm -
The Mayor, Clr Byrne adjourned the meeting for a short recess.
8.11pm–
The Mayor, Clr Byrne resumed the meeting.
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C0420(2) Item 6 Progress
on Resolutions relating to the Impact of COVID-19
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Motion: (Drury/Porteous)
THAT Council:
1.
Notes
the NSW Government has not provided direction to Councils in responding to
residents who may struggle to pay rates because of hardship resulting from
the COVID 19 crisis;
2.
Grant
recipients of ‘Jobseeker’ and ‘Jobkeeper’ on
application a deferral of their rates for an initial period of six months
(until Nov 2020) during which time Council will not charge interest on the
outstanding amount;
3.
Resolve
to make use of the hardship policy of the former Leichhardt Council for
those residents who are not eligible for JobSeeker or JobKeeper but who are
in financial hardship due to COVID 19, noting that this provides for deferral
of rates without interest being incurred for up to 12 months;
4.
Receive
a report no later than the May 26 Ordinary Council meeting on the
estimated benefits and costs of providing a one-off waste rebate of up
to $400 as part of November 2020 rate instalment to those in receipt of
‘Jobseeker’ and ‘Jobkeeper’;
5.
Extend the adoption
of the 2020-21 Operational Plan and Budget by one month noting that the
Minister for Local Government has amended regulations to provide councils
with a one month extension to adopt their 2020-21 operational plans and
budgets and submit their 2019-20 audited financial statements and annual
reports;
6.
Waives the
health, hygiene, licensing and fire safety inspections fees for all
businesses that have been closed or had their trading hours curtailed as a
result of the crisis for a period of 6 months. Inspections will still be
carried out;
7.
Notes that
other Councils have continued to provide Council pick up services and
requests Council officers to bring forward the reopening of booking for new pickups
and the community recycling centres as a matter of urgency; and
8.
Notes the
previous resolution for a report to be tabled on the redeployment of officers
whose work has been affected by the closure of facilities, restates the
importance of this resolution, and requires that a report on this be tabled
at the next ordinary council meeting.
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Motion Carried
For
Motion: Crs
Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM,
Passas, Porteous, Raciti, Stamolis, Steer and York
Against
Motion: Nil
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Amendment
(Porteous/Steer)
That Point 3 be
replaced with:
3.
Resolve to make use
of the hardship policy of the former Leichhardt Council for those
residents who are not eligible for JobSeeker or JobKeeper but who are in
financial hardship due to COVID 19, noting that this provides for deferral of
rates without interest being incurred for up to 12 months. Where evidence is
required, Council will not require onerous forms of evidence and will accept
a statutory declaration as sufficient.
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Motion Lost
For Motion: Crs Da Cruz, Hesse, Kiat, Passas, Porteous, Stamolis and Steer
Against Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Raciti and
York
Amendment
(Passas)
THAT
commercial businesses be afforded the same opportunity given to property
owners.
The Mayor
ruled this Out of Order as businesses cannot qualify for jobseeker and jobkeeper
payments.
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C0420(2) Item 7 Notice
of Motion: WestConnex and Western Harbour Tunnel Community
Liaison Forum
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Motion:
(Porteous/Lockie)
THAT:
1.
The WestConnex
Community Liaison Forum be continued with the inclusion of the Western
Harbour Tunnel and Beaches Link projects, and other infrastructure projects
under state control in the Inner West as required;
2.
Meetings for this
forum are to be:
a)
Held in the evening
rather than during the day to enable more community members to attend;
b)
Open to the
community, including representatives of community groups;
c)
Attended by
Council's CEO, and senior members of Transport for NSW and the relevant
projects.
3.
Councillors should
also be invited to attend the forum meetings.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Cr Passas
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C0420(2) Item 8 Notice
of Motion: Sydney Gateway
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Motion: (Steer/Da
Cruz)
THAT Council receive a report on the
impact on the budget on signing the
agreement to sell the Tempe Industrial Lands
to the Sydney Gateway
Project and the proposed or potential
investments which could be made with
the funds.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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Suspension of Standing Orders
Motion: (Porteous/Steer)
THAT Council Suspend Standing Orders to deal
with the two urgency motions at this time.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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Urgency
Motion – Council Opposes Extended Powers of Planning Minister to
Override Planning Decisions
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Councillors Steer and
Porteous requested that an Urgency Motion be considered on Council Opposing Extended Powers of Planning Minister to Override
Planning Decisions
Motion: (Steer/Porteous)
THAT the matter be considered
urgently.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Porteous, Stamolis, Steer and York
Against Motion: Crs Passas and Raciti
The Mayor ruled this matter urgent.
Urgency Motion (Steer/Porteous)
THAT:
1.
The
Mayor and CEO urgently write to the Minister for Planning Rob Stokes MP and
the Premier Gladys Berejiklian to express its opposition to the recent
changes to the Environmental Planning and Assessment Act which grant the
Minister unprecedented powers to override planning decisions made by local
councils.
2.
Council:
a) Recognises that planning decisions should be
community led and that local councils are best placed to make decisions about
planning that is appropriate for their local area and constituents;
b) Understands that even in times of economic and
health crisis, planning approvals should consider the impact of development on the environment, local
communities or neighbouring residents;
c) Recognises that existing
oversight powers are in place to make sure profit motivated property
developers don’t impose undue costs on our community and environment;
and
d) Recognises that extending permissible
construction hours has the potential to severely disrupt compulsory work and
learn from home arrangements.
3.
A report is
brought to the next Council meeting outlining the potential impacts on
current and upcoming DAs and construction works in the Inner West Council LGA
from the Planning Minister’s announced changes to the Environmental
Planning and Assessment Act 1979 in response to the COVID crisis.
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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: Crs Passas and Raciti
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Urgency
Motion – WestConnex Road Network Changes
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Councillors McKenna OAM and
Raciti requested that an Urgency Motion be considered on WestConnex Road Network Changes.
Motion: (McKenna OAM/Raciti)
THAT the matter be considered
urgently.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
The Mayor ruled this matter urgent.
Urgency Motion: (McKenna OAM/Raciti)
THAT Council:
1. Writes to the Premier of NSW and relevant ministers expressing
Council’s total opposition to the proposed road network changes to key
intersections in Haberfield, Ashfield and Leichhardt located at: City West
Link, Norton Street and James Street; Dobroyd Parade and Waratah Street; City
West Link, Mortley Avenue and Timbrell Drive and; Parramatta Road and
Dalhousie Street.
a) Seeks the cancellation of the proposed road network changes and
the immediate implementation of local traffic calming measures as outlined in
the 2018 independent study entitled WestConnex Local Area Improvement
Strategy (LAIS).
b) Insisting that the safety and traffic calming measures in
Council’s WestConnex Local Area Improvement Strategy by
prioritised over the proposed network changes and be funded by the NSW
Government immediately.
c) Requests an extension of the exhibition period until 15 June 2020
2.
Receive a briefing on this matter; and
3. In preparing its Submission seek technical expertise if required.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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CONFIRMATION
OF MINUTES
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Motion:
(Byrne/Passas)
THAT the
Minutes of the Council Meeting held on Tuesday, 21 April 2020 be confirmed as
a correct record.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
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ADJOURNMENT
9.39pm -
The Mayor, Clr Byrne adjourned the meeting for a short recess.
9.45pm–
The Mayor, Clr Byrne resumed the meeting.
Confidential Session
Motion: (Macri/Drury)
THAT Council
enter into Confidential session.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Lockie, Macri, McKenna
OAM, Raciti, Stamolis, Steer and York
Against Motion: Crs Kiat, Passas and Porteous
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:
C0420(2) Item 10 Balmain Leagues Site - Voluntary Planning Agreement (Section 10A(2)(d)(i) of the Local Government Act 1993)
that would, if disclosed prejudice the commercial position of the person who
supplied it.
C0420(2) Item 11 Precinct 75, St Peters – Voluntary Planning
Agreement (Section 10A(2)(d)(i) of the Local Government Act 1993)
that would, if disclosed prejudice the commercial position of the person who
supplied it.
C0420(2) Item 12 Proposed Licencing at Tempe Reserve (Section
10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed
prejudice the commercial position of the person who supplied it and (Section
10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer
a commercial advantage on a competitor of the Council.
Councillor Passas retired from the Meeting
at 9:47 pm.
ADJOURNMENT
9.47pm -
The Mayor, Clr Byrne adjourned the meeting for a short recess.
9.49pm–
The Mayor, Clr Byrne resumed the meeting.
Motion: (Byrne/Drury)
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, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
Absent: Cr Passas
Reports with Confidential Information
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C0420(2) Item 10 Balmain
Leagues Site - Voluntary Planning Agreement
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Motion: (Macri/McKenna
OAM)
THAT the proposed Voluntary Planning Agreement
for Balmain Leagues Site 138-152 Victoria Road,
Rozelle be placed on public exhibition
for a minimum of 28 days and be reported back to Council after public
exhibition.
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Motion Lost
For Motion: Crs Drury, Iskandar, Macri, McKenna OAM, Raciti and York
Against Motion: Crs Byrne, Da Cruz, Hesse, Kiat, Lockie, Porteous, Stamolis and
Steer
Absent: Cr Passas
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Foreshadowed
Motion (Stamolis/Byrne)
THAT
Council defer the exhibition of the VPA until the resolution of the
Development Application issues between the proponent and Council is achieved.
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Motion Carried
For Motion: Crs Byrne, Drury, Hesse, Iskandar, Lockie, Macri, McKenna OAM,
Raciti, Stamolis, Steer and York
Against Motion: Crs Da Cruz, Kiat and Porteous
Absent: Cr Passas
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C0420(2) Item 11 Precinct
75, St Peters – Voluntary Planning Agreement
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Motion: (Drury/Byrne)
THAT the proposed
Voluntary Planning Agreement for Precinct 75,
St Peters (Site 73-83 Mary, 50-52 Edith &
43 Roberts Streets, St Peters) be:
1. Endorsed in principle, subject to JVM Holdings Pty Ltd (the
proponent):
a)
Dedication of fully fitted out Artist
Studios of more than 239m2 in size;
b)
At
least half of the monetary contribution of $2,000,000 to be used for
affordable housing or public domain upgrades be used for affordable housing
by way of contribution to the affordable housing fund;
c)
Central open public space of more than
600m2 in size; and
d)
Pocket Park open space on Roberts
Street.
2.
Placed on public exhibition for a
minimum of 28 days; and
3.
Reported back to Council after public
exhibition.
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Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri,
McKenna OAM, Raciti, Stamolis, Steer and York
Against Motion: Cr Porteous
Absent: Cr Passas
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Amendment
(Kiat/Hesse)
THAT at least half of the monetary contribution of
$2,000,000 to be used for affordable housing or public domain upgrades be
used for affordable housing by way of contribution to the affordable housing
fund.
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Motion Carried
For Motion: Crs Da Cruz, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous,
Stamolis, Steer and York
Against Motion: Crs Byrne, Drury, Macri and Raciti
Absent: Cr Passas
As the amendment was carried, it was
incorporated into the Primary motion.
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C0420(2) Item 12 Proposed
Licencing at Tempe Reserve
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Procedural Motion: (Porteous/Kiat)
THAT this matter be considered in open
council and be deferred to the next meeting.
Motion Lost
For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous and Steer
Against Motion: Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Raciti, Stamolis
and York
Absent: Cr Passas
Motion: (Drury/Byrne)
THAT Council:
1. Approves signing of a non-binding Heads of Agreement with
Newington College generally in the form provided at Attachment 1;
2. In its capacity as land manager of Tempe Recreation Reserve,
approves the subsequent entering into of an Agreement for Licence on the
terms outlined in the Heads of Agreement once all legislative requirements
have been completed;
3. Endorses a Licence period of up to 30 years, subject to approval
by the Minister for Local Government; and
4. Nominate whether it wishes to pursue further partnering
opportunities at Tempe Recreation Reserve, through an Expression of Interest
process.
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Motion Carried
For Motion: Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Raciti,
Stamolis and York
Against Motion: Crs Da Cruz, Hesse, Kiat, Porteous and Steer
Absent: Cr Passas
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Foreshadowed Motion (Kiat)
THAT Council:
- Protect
access to Tempe Reserve for the whole community, including school
children of other schools that are closer, by not entering into the
Heads of Agreement with Newington College regarding their exclusive use
during certain times; and
- In future
not enter into confidential negotiations with private schools regarding
agreements whereby Council would accept cash in exchange for
preferential access to public parks.
This Foreshadowed Motion lapsed.
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Meeting closed at 10.48pm.
The
Minutes of the Ordinary Meeting of Council held on the
28th
day of April, 2020 were confirmed as a correct record on this 12th day of May, 2020.
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CHAIRPERSON