Council Meeting 9 June 2020

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 9 June 2020

Meeting commenced at 6.31pm

Present:
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	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor (6.43pm) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Chief Executive Officer Chief Operating Officer, Director Development and Recreation
Cathy Edwards-Davis Erla Ronan Melodie Whiting Daryl Jackson	Director Infrastructure Director City Living Director Corporate Chief Financial Officer
Ian Naylor	Manager Governance
Katherine Paixao	Governance Coordinator

APOLOGIES:                Nil 

DISCLOSURES OF INTERESTS:

Clr Hesse declared a non-significant, non-pecuniary interest in Item 5 as a recommended recipient of a grant, Ms Huna Amweero, is the President of Radio Skid Row, the community radio station he volunteers with.

Clr Drury declared a significant, non-pecuniary interest in Verbal Report from Chief Executive Officer as the subject matter of the report relates to his position in State Government and he will leave the meeting.

Motion: (Byrne/Lockie)

THAT Council note the disclosure of interests.

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

CONFIRMATION OF MINUTES

Motion: (Lockie/Drury)

THAT the Minutes of the Council Meeting held on Tuesday, 26 May 2020 be confirmed as a correct record, subject to the follow amendment:

- Adding the following motion for Item 16 Verbal report on Chief Executive Officer (CEO) Performance.

Motion: (Porteous/Drury)

THAT the performance review consideration be deferred to the next Ordinary Meeting.

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

Councillor Iskandar entered the Meeting at 6:43 pm.

C0620(2) Item 10         Mayoral Minute: Council Staff's Bushfire Response

Motion: (Byrne)

THAT Council:

1.   Expresses its thanks and gratitude to Council officers Cameron Gray, Conor Wilson, Asher Richardson and Ellen Shannon who temporarily joined Eurobodalla Shire Council’s team of development assessors to help process existing applications and fast track new ones from bushfire-affected residents; and

2.   Receive a report on establishing a “Sister City” assistance program with Eurobodalla Shire Council, which is to be tabled at a Council meeting.

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

C0620(2) Item 11         Mayoral Minute: Leichhardt Oval and Henson Park upgrades

Motion: (Byrne)

THAT:

1.   Notes the correspondence the Mayor received from Peter V’landys, Chair of the Australian Rugby League Commission (ARLC), in response to his letter dated 2 March;

2.   Notes the Schedule of Works for Leichhardt Oval;

3.   Consults with Wests Tigers, Sydney FC and relevant sporting organisations on the adopted Schedule of Works and seeks their priorities for the upgrade of Leichhardt Oval; and

4.   Submits the Schedule of Works for Leichhardt Oval and the sporting codes priorities to the ARLC and seeks its advocacy for State and Federal funding for Leichhardt Oval.

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

C0620(2) Item 12         Mayoral Minute: Stronger Community Grants shortfall

Motion: (Byrne)

THAT Council:

1.   Notes that Inner West Council received no funding in the second round of Stronger Communities Grant funding, which was designated to help Councils that were forcibly amalgamated by the NSW Government in 2016; and

2.   Writes to the Premier for New South Wales and the Minister for Local Government requesting that Inner West Council receives its fair share of the Stronger Communities Grant funding.

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

C0620(2) Item 1            Public Exhibition of Draft Revised Delivery Program 18-22 and      combined Draft Operational Plan 2020/21 and Budget 20/21, Draft         Fees and Charges 2020/21, and Draft Updated Long Term         Financial Plan 2020-30

Motion: (Drury/Byrne)

THAT Council:

1. Place the Revised Delivery Program 2018 - 22 and combined Draft Operational Plan 2020/21 and Budget 2020/21, Draft Fees and Charges 2020/21, Draft Updated Long -Term Financial Plan 2020 - 30 for public exhibition for a minimum of 28 days;

2. Continue to develop a consistent Inner West Council rating structure by July 2021,
as required by the NSW Government;

3. Determines the 2020/21 fees and charges to be exhibited not include a fee for booking Tennis Court Hire and that the fees relating to Synthetic Turf fields be renamed for Arlington Oval;

4. Note that the $10 million savings target of the 2019/20 Budget has been met and exceeded by $8 million and that Council include reference to the $18 million in savings that have been achieved this financial year in the draft 2020/21 Budget that goes out on exhibition; and

5. Receive advice with the post-exhibition report regarding:

a) Maintaining a 0% interest rate on overdue rates for the entire financial year, in the context of a possible economic recession and significant economic hardship within the Inner West;

b) The policy governing bookings of Skate Parks and how the risk of reduced community access will be managed with potential formalisation of such bookings through introduction of a fee;

c) Key Performance Indicators which were adopted with the previous budget and operational plan, noting that Council resolved on 14 May 2019 that: “All Key Performance Indicators in the Operational Plan are comprehensively reviewed for the 2020/2021 Operational Plan and Budget, and that this forms part of the monthly meetings proposed by the CEO”; and

d) Potential ‘Initiatives’ to correspond with the following ‘Strategies’: 

i. 1.1.4 - ‘Develop planning controls to protect and support a sustainable environment’; and

ii. 2.4.1 - ‘Ensure the expansion of social, community and affordable housing, distributed across the Inner West, facilitated through proactive policies’.

Motion Carried

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

Against Motion:          Crs Passas and Stamolis

Foreshadowed Motion: (Stamolis/Passas)

THAT Council:

1.   Endorse the drafts of the Revised Delivery Program 2018-22 and combined Draft Operational Plan 2020/21 and Budget 2020/21, Draft Fees and Charges 2020/21, Draft Updated Long-Term Financial Plan 2020-30 for public exhibition for a minimum of 28 days; and

2.   Continue to develop a consistent Inner West Council rating structure by July 2021, as required by the NSW Government.

This Foreshadowed Motion lapsed.

Councillor Passas left the Meeting at 7:45 pm.

Councillor Passas returned to the Meeting at 7:55 pm.

C0620(2) Item 2            Post Exhibition Report - Draft Inner West Local Environmental      Plan 2020 and Associated DCP Amendments

Motion: (Porteous/Passas)

THAT Council:

1. Defer this item to the 23 June 2020 Council meeting to enable further consultation with local communities concerned about elements of the LEP and DCP 2020, particularly in relation to the Moore St and Summer Hill Flour Mill rezoning;

2. Contact the State Government for an extension; and

3. Puts a Q&A about this Item on the website as soon as possible.

Motion Carried

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

Against Motion:          Crs McKenna OAM and York

Foreshadowed Motion: (McKenna OAM/Byrne)

THAT Council:

1. Endorse the planning proposal to facilitate the draft Inner West Local Environmental Plan 2020 (LEP 2020) as exhibited with minor amendments outlined in Attachment 1 and as amended to correct administrative errors identified when mapping Schedule 5 Environmental Heritage;

2. Noting that Council does not have delegation to make the LEP, submit the planning proposal as amended by Part 1 of this resolution to the Department of Planning Industry and Environment for making;

3. Adopt the exhibited amendments in relation to the removal of the notification chapters from the following Development Control Plans (DCPs):

a) Marrickville DCP 2011;

b) Leichhardt DCP 2013 as well as the deletion of Clause C25(c) (car share); and

c) Comprehensive Inner West DCP 2016 for Ashbury, Ashfield, Croydon, Croydon Park, Haberfield, Hurlstone Park and Summer Hill (Ashfield DCP).

4. Adopt the rest of the exhibited amendments to the DCPs, with the exception of changes that relate to the Moore Street Industrial Precinct in Leichhardt DCP 2013, and align the date the amended DCPs come into force with the finalisation of the Inner West Local Environmental Plan 2020 by the Department of Planning Industry and Environment.

This Foreshadowed motion lapsed.

C0620(2) Item 3  Expression of Interest for Inner West Recovery Taskforce

Motion: (Lockie/Steer)

THAT:

1. The following applicants be appointed to the economic recovery taskforce:

· Greg Khoury

· Erica Berchtold

· Mark Chapman

· Chrissy Flanagan

· Morris Hannah

· Percy Allen

· Kerrie Glasscock

· Monica Vardabasso

2. In addition to the Mayor, council nominate Councillor Steer as delegate to the Taskforce;

3. The proposed terms of reference be adopted in principle and tabled for consideration at the first meeting of the taskforce;

4. Council notify successful and unsuccessful applicants of the outcome of the process; and

5. The first meeting of the taskforce be held no later than July 1 2020.

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

C0620(2) Item 4  Supporting Inner West NGOS and Charities

Motion: (Byrne/Lockie)

THAT Council approve a COVID impact funding contribution of $25,000 each to the following major partner organisations: Addison Road Community Centre, Asylum Seekers Centre, Exodus Foundation, Headspace Ashfield, Inner West Neighbour Aid, Leichhardt Women’s Health Centre, Marrickville Youth Resource Centre, Newtown Neighbourhood Centre, Rozelle Neighbourhood Centre, and St Vincent de Paul Society Inner West.

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

Amendment (Da Cruz/Passas)

THAT Sydney City Lifestyle and Mission Centre in Annandale in the NFP and Charities receiving a COVID-19 grant from the Inner West Council.

Motion Lost

For Motion:                 Crs Da Cruz and Stamolis

Against Motion:           Crs Byrne, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna                                     OAM, Passas, Porteous, Raciti, Steer and York

C0620(2) Item 5  Inner West Creative and Cultural Resilience Grants

Motion: (Lockie/Steer)

THAT Council endorse the recommendations for $300,000 of Inner West Creative and Cultural Resilience Grants for funding and note an additional $55,084 has been allocated to the grant funding from unexpended City Living events and programs budgets enabling a total of 44 projects to be funded.

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

ADJOURNMENT

8.47pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

8.52pm– The Mayor, Clr Byrne resumed the meeting.

C0620(2) Item 6  Public Domain Parking Policy

Motion: (Drury/Stamolis)

THAT:

1. The Public Domain Parking Policy (Attachment 1) be adopted in the former Ashfield and Marrickville Council areas and become effective from 1 July 2020;

2. The Leichhardt Council – Resident Parking Scheme 2007 Policy be retained;

3. Council rescind existing parking policies including: Ashfield Council - Resident Parking Permit Scheme, 2014; Leichhardt Council - Angle Parking Policy, 2010; Marrickville Council - Angle Parking in Residential Streets Policy, 1999; Marrickville Council - various policies & protocols on Resident Parking Scheme; and Ashfield Council – Supporting Car Share Parking Policy 2015; Leichhardt Council – Car Share Policy 2008; Marrickville Council – Car Share Policy 2014;

4. The proposed fees and charges for the former Ashfield and Marrickville Council area be supported in principle and be considered through the annual budget review process for 2021/2022; and

5. Council amend 7.12.2 last paragraph with the addition of a final sentence to read:

· Residents may apply to maintain hard copy parking permits.

6. The pensioner permits in the former Leichhardt Council area be retained in their current form and unchanged.

Motion Carried

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

Against Motion:          Crs Macri and Passas

Foreshadowed Motion: (Passas)

THAT Council defer this item until physical Council meetings can take place.

This Foreshadowed Motion lapsed.

C0620(2) Item 7            Funds available for Donations by the Mayor

Motion: (Drury/McKenna OAM)

THAT the report be received and noted.

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

C0620(2) Item 8            Notice of Motion: Summary of NGO acquittal

The Mayor ruled this item was dealt with as part of Item 4.

Urgency Motion: King Street Gateway Project

Councillor Lockie requested that an Urgency Motion be considered regarding King Street Gateway Project.

Motion: (Lockie/Byrne)

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 the matter is urgent.

Motion: (Lockie/Byrne)

THAT Council:

1. Notes with concern the lack of progress that has been made on the King Street Gateway Project, which Transport for NSW is required to build in order to protect King Street Newtown from the traffic impacts of the WestConnex M8 (formerly the New M5);

2. Writes to the Minister for Transport to:

a) Call on the Minister to ensure that the King Street Gateway Project is in place before the WestConnex M8 opens to traffic, or at the very least, that temporary measures in place to protect King Street prior to the opening;

b) Emphasise the Project’s strong alignment with his public commitment to invest in active transport and safer streets, and his government’s obligation to deliver the Project under the New M5 Conditions of Approval; and

c) Request an urgent meeting to ensure this matter can be resolved to Council’s satisfaction before the M8 opens.

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

Urgency Motion - Rescission C0420(2) Item 12 Proposed Licencing at Tempe    
   Reserve 28 April 2020

Councillors Byrne, Drury, Iskandar, McKenna OAM and York requested that an Urgency Motion be considered a motion to rescind C0420(2) Item 12 Proposed Licencing at Tempe Reserve.

Motion: (Byrne/York)

THAT the matter be considered urgently.

Motion Carried

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

Against Motion:          Crs Macri, Passas and Raciti

The Mayor declared this matter urgent.

Motion: (Byrne/York)

THAT C0420(2) Item 12 Proposed Licencing at Tempe Reserve adopted at the 28 April 2020 ordinary Council meeting be rescinded:

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.

Motion Carried

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

Against Motion:          Crs Macri, Passas, Raciti and Stamolis

Motion: (Byrne/York)

THAT Council:

1. Open an expression of interest process for community sporting clubs and local public and low fee non-government schools use of the sporting fields including the proposed new 2 synthetics fields identified in the Tempe Reserve Plan of Management. This should include extended hours of use up until 10:00pm on weekday evenings;

2. Write to Newington seeking further public benefit, such as including access for local sporting clubs to Newington’s sporting facilities, as a component of any co-investment at Tempe Reserve;

3. Convene a meeting of local sporting clubs and Tempe High School to discuss the Tempe Reserve Master Plan and the EOI for use of the proposed synthetic surfaces; and

4. The community consultation process for the Tempe Reserve Plan of Management be reopened for three weeks from the date of letterboxing a comprehensive summary of the draft master plan to residents of Tempe, Sydenham and St Peters.

Motion Carried

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

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

Foreshadowed Motion (Hesse/Kiat)

THAT:

1. Council permanently cease contract negotiations with Newington College, and not enter into any contract agreement with Newington College or any private school that would allow the exclusive use of Inner West Council playing fields, parks or facilities beyond that allowed a seasonal user under Inner West Council’s Sporting Grounds Allocations Policy;

2. The community consultation process for the Tempe Reserve Plan of Management be reopened for three weeks from the date of letterboxing a comprehensive summary of the draft master plan to residents of Tempe, Sydenham and St Peters.

This Foreshadowed Motion lapsed.

Confidential Session

Motion: (Byrne/Lockie)

That Council enter into Confidential Session.

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

ADJOURNMENT

10.44pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

10.46pm– The Mayor, Clr Byrne resumed the meeting.

Clr Drury left the meeting at 10.46pm as he declared a significant, non-pecuniary interest in Item 13 Verbal Report from Chief Executive Officer as the subject matter of the report relates to his position in State Government

C0620(2) Item 13         Verbal Report from Chief Executive Officer

Motion: (Byrne/Lockie)

THAT Council defer this matter to the next Ordinary 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:           Cr Passas

Councillor Drury returned to the Meeting at 11:05 pm.

C0620(2) Item 14         Verbal report on Chief Executive Officer (CEO) Performance

Motion: (Byrne/Hesse)

THAT Council notes that the CEO's 6 monthly verbal report to full council has been completed. The Performance Review Committee to convene a meeting as soon as possible in June to progress the performance review process for the CEO as per the published CEO Performance Review and Plan.

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

Meeting closed at 11.12pm.

The Minutes of the Ordinary Meeting of Council held on the 9^th day of June, 2020 were confirmed as a correct record on this 23^rd day of June, 2020.

..............................................

CHAIRPERSON