AGENDA R

Council Meeting

TUESDAY 28 MAY 2019

6.30pm

Council Meeting 28 May 2019

Live Streaming of Council Meeting

In the spirit of open, accessible and transparent government, this meeting of the Inner West Council is being streamed live on Council’s website. By speaking at a Council meeting, members of the public agree to being recorded and must ensure their speech to the Council is respectful and use appropriate language. A person who uses defamatory, discriminatory or offensive language may be exposed to liability for which Council takes no responsibility. Any part of this meeting that is held in closed session will not be recorded

Pre-Registration to Speak at Council Meetings

Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

• your name;
• contact details;
• item on the Agenda you wish to speak to; and
• whether you are for or against the recommendation in the agenda.

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

• keep your address to the point, the time allowed for each speaker is limited to three minutes. This time limit applies, no matter how many items are addressed by the speaker;
• when addressing the Meeting you must speak to the Chairperson;
• the Chairperson may curtail public participation where the information being presented is considered repetitive or irrelevant; and
• only 3 speakers for and against an Agenda Item are allowed.

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.

Council Meeting 28 May 2019

PRECIS

1 Acknowledgement of Country

2 Apologies

3          Notice of Webcasting

4 Disclosures of Interest (Section 451 of the Local Government Act
and Council’s Code of Conduct)

5          Moment of Quiet Contemplation

6          Confirmation of Minutes                                                                                         Page

Minutes of 14 May 2019 Council Meeting                                                                        5

7          Public Forum – Hearing from All Registered Speakers

8 Condolence Motions

Nil at the time of printing.

9 Mayoral Minutes

Nil at the time of printing.

10        Reports with Stratigic Implications

Nil at the time of printing.

11 Reports for Council Decision

ITEM                                                                                                                                      Page

C0519(2) Item 1       Increasing Sporting Participation and Capacity through Synthetic Turf Field Development                                                                                          14

C0519(2) Item 2       Weed Management Policy                                                                     16

C0519(2) Item 3       Sydney Eastern City Planning Panel Report: DA201800173: 3-7 & 13-17 Regent Street, 287-309 Trafalgar Street & 16-20 Fisher Street, Petersham     33

C0519(2) Item 4       Draft Impounding Policy and Protocol (Shopping Trolleys)                   38

C0519(2) Item 5       Local Traffic Committee Meeting held on 6 May 2019                         45

12 Reports for Noting

ITEM                                                                                                                                      Page

C0519(2) Item 6       Investment Report as at 30 April 2019                                                   65

13 Notices of Motion

ITEM                                                                                                                                      Page

C0519(2) Item 7       Notice of Motion: Policy for Increased Transparency and Probity for Inner West Council                                                                                                    88

C0519(2) Item 8       Notice of Motion: Good Neighbour Policy                                             89

Council Meeting 28 May 2019

Minutes of Ordinary Council Meeting held on 14 May 2019

Meeting commenced at 6.31pm

Present:
Darcy Byrne Victor Macri Marghanita Da Cruz Mark Drury Lucille McKenna OAM Sam Iskandar Tom Kiat Pauline Lockie Julie Passas Rochelle Porteous John Stamolis Louise Steer Anna York Michael Deegan Elizabeth Richardson	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6.33pm) Councillor Chief Executive Officer Deputy General Manager Assets and Environment
Michael Tzimoulas	Deputy General Manager Chief Financial and Administration Officer
Nellette Kettle David Birds Cathy Edwards-Davis Ian Naylor Katherine Paixao	Group Manager Customer Service, Business Excellence and Civic Governance Group Manager Strategic Planning Group Manager Trees, Parks and Streetscapes Manager Civic Governance Governance Coordinator

APOLOGIES:    

Motion: (Macri/Passas)

THAT Apologies from Councillors Hesse and Raciti be accepted.

Motion Carried

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

Against Motion:          Nil

Councillor Steer entered the Meeting at 6:33 pm.

DISCLOSURES OF INTERESTS:  

During the meeting, Clr Porteous declared a non-significant, non-pecuniary interest in Item 10 Notice of Motion: National Disability Strategy Submission as she works in the Disability Advocacy sector. Please see page 9.

CONFIRMATION OF MINUTES

Motion: (Stamolis/McKenna OAM)

THAT the Minutes of the Council Meeting held on Tuesday, 30 April 2019 be confirmed as a correct record.

Motion Carried

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

Against Motion:          Nil

PUBLIC FORUM

The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.

C0519(1) Item 12       Mayoral Minute: Condolence Motion Father John Pearce

Motion: (Byrne)

THAT Council write a letter of condolence to Father John Pearce’s brother, Peter Pearce and his family, expressing our sadness on the passing of his brother, Father John Pearce, and our thanks for his contribution to the Inner West community.

Motion Carried

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

Against Motion:          Nil

Councillor Kiat left the Meeting at 7:11 pm.

Councillor Kiat returned to the Meeting at 7:13 pm.

C0519(1) Item 13       Mayoral Minute: Pacific Test Invitational Support

Motion: (Byrne)

THAT Council:

1.   Endorse and welcome the sixth Pacific Test Invitational at Leichhardt Oval on 22 June 2019 and agree to work in partnership with the National Rugby League and Wests Tigers to promote the games and associated events;

2.   Make use of one of Council’s access days at the Actors Centre in the Leichhardt Italian Forum to allow the National Rugby League to host the Pacific Youth Summit if dates are available;

3.   Promote the invitational and associated events through Council’s communications channels such as social media, the Courier page and, if timely, the Community Newsletter; and

4.   Approach Palace Cinemas to request assistance in the screening of a mid-week screening of a pacific short movie evening.

Motion Carried

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

Against Motion:          Nil

C0519(1) Item 1         Public exhibition of draft Operational Plan and Budget 2019/20,           draft Fees and Charges 2019/20, draft updated Long-Term     Financial Plan 2019-29 and draft revised Delivery Program 2018-   22

Motion: (Byrne/Macri)

THAT:

1.   Council endorse the drafts of the Operational Plan and Budget 2019/20, Fees and Charges 2019/20, updated Long-Term Financial Plan 2019-29 and revised Delivery Program 2018-22 for public exhibition for a minimum of 28 days;

2.   Council approves that a proposed Compliance & Enforcement Levy of 0.2% of the estimated cost of works of a development application over $100,000 and 0.25% of the estimated cost of works of a development application over $5,000,000 be included in the draft fees and charges placed on public exhibition for a minimum of 28 days;

3.   Noting the significant projected operating deficits outlined within the budget, Council officers:

a)   Work towards a minimum of $5 million per annum in savings against the budget through efficiency measures, to be reported quarterly through the quarterly budget review process;

b)   Continue to develop a consistent Inner West Council rating structure by July 2020, as required by the NSW Government;

c)   Continue analysis of the feasibility of greatly enhanced access for the community to Council services through consolidation of its administration buildings and depots; and

d)   Through the Land and Property Strategy, provide Council with additional information on the optimal use of its property and buildings to ensure benefits to the community are maximised.

4.   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.

Motion Carried

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

Against Motion:          Nil

Amendment (Porteous/Kiat)

THAT Council:

1. Delete recommendation 3(c).

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Porteous and Steer

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

2. Place on public exhibition a draft fees and charges for 2019/20, with proposed increases to be capped at CPI, except for new or proposed increases greater than CPI that have previously been approved by Council. Councillors to receive a briefing on staff proposals to increase fees beyond CPI or to introduce new fees.

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Porteous and Steer

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

Amendment (Kiat/Porteous)

THAT:

1. The CEO focus efficiency measures on reducing the use of consultants and contractors to achieve savings and increase Council’s operational capacity;

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Porteous and Steer

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

2. Ongoing work toward a consistent rating structure identify areas where Council’s rating structure can be reformed to be more progressive, focusing the burden of rates away from low value properties and low income pensioners;

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas and York

3. The CEO de-prioritise investigations into savings measures that would require the sell-off of essential council infrastructure such as administration and service centres and town halls;

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Lockie, Macri, McKenna OAM, Passas,                                  and York

4. Noting that Council resolved on 24 July 2018 to “receive further advice on how cash obtained for the purpose of Council affordable housing could be managed under an affordable housing fund in accordance with Council’s Affordable Housing Policy”, that Council receive this advice so that the establishment of the fund can be included as part of the budget and operational plan 2019/20; and

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas and York

5. Council receive advice on the inclusion/amendment of the following KPIs/Key Actions for the Operational Plan 2019/20:

a. Environment and Sustainability - New KPIs for carbon neutrality, increasing urban forest tree canopy, Council’s contribution to community renewable energy investment. KPI for investment in fossil fuels is to remain at 0%. KPI for percentage of operational energy from renewable sources to reflect Pathway to a Carbon Neutral Council plan; and

b. Community Services and Culture - New KPI for increasing Council’s affordable housing stock. New Key Action to incorporate actions under the Affordable Housing Policy.

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Lockie, Porteous and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas, Stamolis and York

Amendment (Stamolis/Steer)

THAT Council establish three budget briefings for residents over coming weeks and an additional briefing for councillors.

Motion Lost

For Motion:                 Crs Da Cruz, Porteous, Stamolis and Steer

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

C0519(1) Item 2         Outdoor Advertising and Signage in Transport Corridors Policy

Motion: (Macri/Drury)

THAT Council adopts the proposed Outdoor Advertising and Signage in Transport Corridors Policy (Attachment 1) as an interim policy to guide development assessment and related matters with a further report to be provided addressing policy implications in terms of driver safety, public space amenity, and impacts on local flora and fauna.

Motion Carried

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

Against Motion:          Nil

C0519(1) Item 3         Elliot Park and Balmain Cove-Companion Animal Access Review

Motion: (Macri/Stamolis)

THAT:

1.   Council endorse the establishment of a full time companion animal off-leash zone at Elliott Park and Balmain Cove;

2.   Council write to the Secretary of the Balmain Cove Body Corporate to advise of the new off-leash area and provide clarification on the legal responsibilities of dog owners with respect to the use of this area; and

3.   New educational signage be installed in Elliott Park and Balmain Cove to designate the off-leash areas and educate dog owners of their responsibilities when utilising these parks for companion animal exercise.

Motion Carried

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

Against Motion:          Cr Da Cruz

C0519(1) Item 4         2018/19 Third Quarter Budget Review

Motion: (Drury/Stamolis)

THAT the report be received, noted and approved.

Motion Carried

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

Against Motion:          Nil

C0519(1) Item 5         Local Government Remuneration Tribunal Determination 2019

Motion: (Porteous/Da Cruz)

THAT the Mayor and Councillor Fees for 1 July 2019 to 20 June 2020 be set at the maximum level for a Metropolitan Medium Council.  

Motion Carried

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

Against Motion:          Cr Stamolis

C0519(1) Item 6         Notice of Motion: Measles

Motion: (York/ Steer)

THAT Council:

1.   Notes the growing concern in the Inner West community in response to increased reports of measles in NSW, with 33 cases reported in the State since Christmas, and in particular the concern for children under 1 year old who are too young to be vaccinated. This is in the context of reports of the promotion of the ill-informed and dangerous anti-vaxxer ideology;

2.   Reminds and promotes to the community the existing free immunisation service offered in the Inner West LGA through existing publications and signage at appropriate Children and Family services events or locations;

3.   Writes to the NSW Department of Health seeking an update on best practices for Councils in promoting and incentivising immunisations in the local community, noting the role the Inner West Council plays in Family & Children’s Services; and

4.   Reiterates the position previously taken that known anti-vax campaigners will not be permitted to participate in Council-run events, and further, the Inner West Council will prohibit known anti-vax campaigners from hiring or accessing Council venues for the purposes of anti-vaccination promotion.

Motion Carried

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

Against Motion:          Nil

Councillor Passas left the Meeting at 8:20 pm.

C0519(1) Item 7         Notice of Motion: Declaration of Climate Emergency

Motion: (Da Cruz/Kiat)

THAT Council:

1.   Publicly acknowledges that we are in a state of climate emergency that requires urgent action by all levels of government; that human induced climate change represents one of the greatest threats to humanity, civilisation, and other species; and that it is still possible to prevent the most catastrophic outcomes if societies take emergency action, including local councils;

2. Include references to this emergency in the CEO’s performance agreement and Council adjust his key performance indicators accordingly to include:

a. 100% divestment of Council’s investment portfolio from fossil fuels;

b. Achieving 100% carbon neutrality AND 100% renewable energy targets by 2025;

c. Making the Inner West a leader in renewable energy for our community by:

i. Establishing the Office of Renewable Energy Innovation;

ii. Expediting the retrofit of Council buildings with solar PV;

iii. Providing a brokerage service to help organisations looking to invest in community energy projects to identify potential partners with suitable roof space in the LGA;

iv. Supporting the Solar Schools program for installation of solar PV on school rooftops across the LGA;

v. Sourcing Council’s daytime power load through a solar PPA, and establishing a second PPA to cover Council’s daytime power load;

vi. Replacing fluorescent street lighting with LED lighting; and

vii. Delivering a ‘zero waste’ strategy; and

viii. Any other relative initiatives approved by Council.

3.   Review the annual budget key performance indicators and policies over the course of the next twelve months to focus Council expenditure and revenue on this issue.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas

Councillor Passas returned to the Meeting at 8:25 pm.

C0519(1) Item 8         Notice of Motion: - Local Democracy Groups: Reporting and   Meeting Frequency

Motion: (Stamolis/Da Cruz)

THAT Council review information and reporting requirements and the frequency of meetings in relation to the Local Democracy Groups as part of the interim review of the Local Democracy Groups in late 2019.

Motion Carried

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

Against Motion:          Cr Passas

Amendment (Porteous/Stamolis)

THAT Council consider creating a Climate Emergency sub-committee.

Motion Lost

For Motion:                 Crs Da Cruz, Kiat, Lockie, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Iskandar, Macri, McKenna OAM, Passas and York

C0519(1) Item 9         Notice of Motion: Councillor Executive Briefing

Motion: (Stamolis/Passas)

THAT Council holds a monthly Councillor Executive Briefing involving the CEO and three Deputy CEOs.

Motion Carried

For Motion:                 Crs Da Cruz, Iskandar, Lockie, Macri, Passas, Porteous, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Kiat, McKenna OAM and York

Councillors Macri and Passas retired from the Meeting at 8:39 pm.

Councillor Porteous declared a non-significant, non-pecuniary interest in Item 10 Notice of Motion: National Disability Strategy Submission as she works in the Disability Advocacy sector.

Motion: (Lockie/Kiat)

THAT the disclosure of interest be noted.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Macri and Passas

C0519(1) Item 10       Notice of Motion: National Disability Strategy Submission

Motion: (Porteous/Steer)

THAT Council makes a submission to the current review of the National Disability Strategy 2010-2020.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Macri and Passas

C0519(1) Item 11       Notice of Motion: Newstart Raise the Rate Campaign

Motion: (Kiat/Lockie)

THAT Council:

1.   Supports the Australian Council for Social Service (ACOSS) campaign to ‘Raise the Rate’ of Newstart and thank Addison Road Community Centre and ACOSS for hosting a Raise the Rate community and candidate forum at Addison Road Community Centre on 30 April 2019; 

2.   Acknowledges the current rate of Newstart and Youth Allowance falls well below the poverty line, and has not been raised in real terms since 1994, causing immense hardship for unemployed people and students;

3.   Notes the Department of Social Services data from 2018 showing that 7213 residents in our LGA are either on Newstart or Youth Allowance, and that according to research by Deloitte Access Economics commissioned by ACOSS, a raise to Newstart would generate an additional $17.46 million in local spending in our LGA;

4.   Commits to recognising and responding to the fact that many in our community may be living in poverty when developing and implementing policies and services, especially those that include fees, charges and fines (e.g. by including hardship clauses, concessionary rates etc); and

5.   Write to the relevant minister and shadow minister to call on the Federal government to immediately raise the rate of Newstart and Youth Allowance by at least $75 per week. 

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Macri and Passas

Meeting closed at  8.55pm.

Public Speakers:

Item #	Speaker	Suburb
Item 3:	Mike Maher Ron Glew	Rozelle Rozelle
Item 6:	Carolyn O'Loughlin	Balmain
Item 7:	Reid Pierce Dominic Case Gillian Reffell	Enmore Balmain East Summer Hill
Item 11:	Thomas Studans Rosanna Barbero	Carlton Newtown

Council Meeting 28 May 2019

Item No:         C0519(2) Item 1

Subject:         Increasing Sporting Participation and Capacity through Synthetic Turf Field Development           

Prepared By:     Aaron Callaghan - Parks Planning and Engagement Manager  

Authorised By:  Cathy Edwards-Davis - Group Manager Trees, Parks and Streetscapes

RECOMMENDATION

THAT Council:

1.   Endorse Tempe Reserve as the preferred site for synthetic sports surface upgrade and proceed to community engagement and detailed design in 2018-2019 and construction in Summer 2020-2021;

2.   Proceed with concept designs and costings for a synthetic sports surface at Leichhardt Oval #2 suitable for future grant funding applications and community engagement as part of the Draft Plan of Management for Leichhardt Park;

3.   Staff review priorities for the other shortlisted sites together with the Recreation Needs Strategy sports field renewal program preparation in 2019-2020; and

4.   Continues to explore opportunities for partnerships with schools and private development for synthetic surface recreation facilities provision.

DISCUSSION

Council commissioned Smart Connection Consultancy to develop the Inner West Synthetic Turf Feasibility Study. The study provided guidance on site selection, feasibility, management and financial implications. Ten sites were shortlisted as suitable for synthetic surface provision including Mackey and Steel Parks as requested by Council. The key environmental and sports user concerns  and how they can be managed are shown in Attachment 1.

Tempe Reserve was found to be the most suitable site to immediately proceed to community engagement, detailed design and construction in Summer 2020-2021. The proposed multi-use concept would accommodate AFL (in the future), cricket and soccer/rugby code field/s. Potential opportunities for stormwater harvesting for irrigation are available. The design of the synthetic field will be coordinated with the Tempe Reserve Masterplan and Plan of Management. Other sites will be assessed through development of the Recreation Strategy.

Concurrent to the feasibility study, Council officers have been investigating shared use of sporting facilities at schools. Council is entering into an MOU with School Infrastructure NSW to assess joint use of school grounds. In addition to partnerships with schools, there are opportunities which may arise through large scale private development assessment, Council is continuing to liaise and advocate to the NSW Government the provision of publically accessible open space in the Rozelle Goods Yards which would support a multitude of recreational opportunities. $2m is currently allocated in the capital budget for 2019-2020 for the synthetic sports surface construction. The results of the construction tender and any related financial implications will be reported to Council in line with delegations for contracts greater than $1.5 million.

ATTACHMENTS

1.⇩	Environmental and Sports User Issues

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 2

Subject:         Weed Management Policy

Prepared By:     Cathy Edwards-Davis - Group Manager Trees, Parks and Streetscapes 

Authorised By:  Elizabeth Richardson - Deputy General Manager Assets and Environment

RECOMMENDATION

THAT Council:

1.   Adopts the final Inner West Weed Management Policy and Pesticide Notification Plan;

2.   Rescind the Weed Control Policy of the former Marrickville Council;

3.   Rescind the Weed Policy of the former Leichhardt Council;

4.   Rescind the Noxious Weeds Policy of the former Ashfield Council; and

5.   Rescind the respective Pesticide Notification Plans of the former Marrickville, Leichhardt and Ashfield Councils.

DISCUSSION

The Draft Weeds Management Policy has been placed on public exhibition and is now presented to Council for endorsement.

Should Council resolve to discontinue the use of glyphosate and use only alternatives, the cost of this alternative treatment would need to be reviewed and calculated in some detail.  However, the additional operating cost to council would be in the order of $1.9 to $5.2 million per annum.  This has not been funded through the budget process.

Should Council continue to utilise glyphosate to a limited extent, only where other methods cannot be applied, and for spot control of persistent weeds that resist other treatments, the proposed changes can be managed within the existing staffing and budget levels.

ATTACHMENTS

1.⇩	Inner West Weed Management Policy
2.⇩	Inner West Pesticide Use Notification Plan

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 3

Subject:         Sydney Eastern City Planning Panel Report: DA201800173: 3-7 & 13-17 Regent Street, 287-309 Trafalgar Street & 16-20 Fisher Street, Petersham

Prepared By:     Thomas Irons - Senior Planner  

Authorised By:  Harjeet Atwal - Group Manager Development Assessment and Regulatory Services

RECOMMENDATION

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 structures and construct a ‘staged’ development over three sites including 357 apartments, a registered club with ancillary uses and a food and drink premises as well as a new through-site link connecting Regent Street to Fozzard Lane. The development has a capital investment value (CIV) of $132,564,080. Applications with a CIV of more than $30 million must be referred to the Sydney Eastern City Planning Panel (SECPP) to exercise its consent authority functions under Schedule 7 of State Environmental Planning Policy (State and Regional Development 2011).

Council officers carried out an assessment of the application and the Council officer’s report (on the application was forwarded to the SECPP for their consideration/determination at the 2 May 2019 panel meeting refer to Attachment 1 published electronically on Council’s Website due to its size). The officer’s report recommended a Deferred Commencement Consent. At the 2 May 2019 panel meeting the Panel did not determine the application and unanimously decided to defer the matter to enable the applicant to submit amended information (refer to Attachment 2).

Subsequent to the panel deferring the matter, the applicant has submitted additional information addressing the issues outlined in Attachment 2 and the deferred commencement conditions within the Council Officer’s assessment report. (As such the deferred commencement consent conditions are recommended to be deleted from the consent and the proposal is therefore recommended for conditional approval).

A supplementary report has been prepared informing the SECPP of this outcome (refer to Attachment 3 published electronically on Council’s Website due to its size). A panel meeting is scheduled for the 4 June 2019 for further consideration/determination of the application as amended.

The matter is referred to the Council for information and the Council needs to determine whether it wishes to make a submission to the Panel in relation to the deferred determination, and if so, the contents of such submission.

Due to their size, Attachments 1 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

ATTACHMENTS

1.⇨	Council Officer SECPP Assessment Report  - 3-7 & 13-17 REGENT STREET, 287-309 TRAFALGAR STREET & 16-20 FISHER STREET, PETERSHAM (published separately on Council’s website)
2.⇩	SECPP Record of Deferral
3.⇨	Supplementary Report for SECPP - 3-7 & 13-17 Regent Street, 287-309 Trafalgar Street & 16-20 Fisher Street Petersham (published separately on Council’s website)

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 4

Subject:         Draft Impounding Policy and Protocol (Shopping Trolleys)

Prepared By:     Graeme Palmer - Parking and Ranger Services Manager  

Authorised By:  Harjeet Atwal - Group Manager Development Assessment and Regulatory Services

RECOMMENDATION

THAT Council:

1.       Adopt the Impounding Policy (Shopping Trolleys);

2.       Rescind the former Ashfield Council Shopping Trolley Policy; and

3.       Receive and note the Impounding Protocol (Shopping Trolleys).

DISCUSSION

The Draft Impounding Policy has been placed on public exhibition and is now presented to council for endorsement.

The adoption of the Policy will provide Council’s Ranger Services with a framework to conduct pro-active education/enforcement programs that focuses on problem areas. A standard condition will be imposed on new Development Applications/major modification of Development Applications associated with shopping centres, supermarkets and major retail outlets (bottle shops, hardware etc) which use trolleys. The standard condition will require shopping centres, supermarkets and major retail outlets to provide a Shopping Trolley Management Plan.

FINANCIAL AND SERVICE IMPLICATIONS

Should enforcement action be taken by Council’s Ranger Services in accordance with the Policy, external contractors would be required to facilitate the physical collection of the trolleys. This has been quoted at $150.00 + GST per individual trolley collected, if large volumes and/or complexities are involved in the collection, then this will be discussed with the contractor and each required impounding will be quoted individually. This would require a budget increase to cover the costs of the impounding contractor; however any expenditure may be recuperated via impounding fees and charges.

ATTACHMENTS

1.⇩	Inner West Council Impounding Policy (Shopping Trolleys)
2.⇩	Inner West Council Impounding Protocol  (Shopping Trolleys)

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 5

Subject:         Local Traffic Committee Meeting held on 6 May 2019

Prepared By:     John Stephens - Traffic and Transport Services Manager  

Authorised By:  Wal Petschler - Group Manager Footpaths, Roads, Traffic and Stormwater

RECOMMENDATION

THAT the Minutes of the Local Traffic Committee Meeting held on 6 May 2019 be received and the recommendations be adopted.

ITEMS BY WARD

Ward	Item Number
Baludarri (Balmain)	1 - Curtis Road and Mort Street, Balmain - Intersection Improvement Works
	2 - Park Street, Rozelle - Proposed Speed Hump
	3- Starling Street, Rozelle - Proposed Kerb Blister
	4- Darling Street at Elliott, Balmain - Proposed Speed Cushions
	14 - Beames Street, Lilyfield - Angle Parking and Road Reconstruction
Gulgadya (Leichhardt)	7 - Queen Street, Croydon - Proposed Pedestrian Refuge
	11 - Booth Street at Collins Lane, Annandale - Proposed 'No Stopping' restriction
	12 - Collins Lane, Annandale - Proposed 'No Parking' zone
	13 - Derbyshire Road and Moore Street West, Leichhardt - 'No Parking' and 'No Stopping' restrictions
	16 - Ramsay Street at Walker Avenue, Haberfield - Proposed 'No Stopping' restriction
	19 - Edith Street and Regent Street, Leichhardt - Proposed 'No Stopping' restrictions
	20 - Collins Lane, Annandale - Proposed 'No Parking' zone
	21 - Norton Street, Leichhardt - Proposed Metered Parking Restriction
	30 - Pedestrian crossing on City-West Link Road at Waratah Street, Haberfield
	32 - Bus Stop on Marion Street at Flood Street, Leichhardt
Midjuburi (Marrickville)	6 - Lawson Avenue, Marrickville – Amended Raised Threshold Design Plan
	9 - Smith Street, Marrickville - Proposed Permit Parking
	22 - Stewart Lane, Sydenham - Road Closure for Traffic Works
	23 - Parking on Petersham Road, Marrickville
	24 - Pedestrian crossings on Carrington Road, Tempe
	25 - Pedestrian crossing signals at Richardson Crescent and Unwins Bridge Road, Tempe
	27 - Heavy vehicles parked on Illawarra Road, Marrickville
	28 - Reducing speed limit in Sydenham Road, Marrickville
Damun (Stanmore)	10 - Kingston Lane, Camperdown - Proposed Parking Restrictions
	18 - Stanmore Lane, Stanmore - Proposed 'No Parking' restrictions
	33 - Proposed parking restrictions in Longport Street, Lewisham
Djarrawunang (Ashfield)	5 - Temporary Full Road Closure – Smith Street (between Lackey Street and Nowraine Street), Summer Hill, for Development sewer work connection
	15 - Hercules Street, Ashfield – Amendment to Disabled Parking Signage
	17 - New Street, Ashfield – Proposed statutory ‘No Stopping’ in New Street at intersection with Queen Street
	26 - Parking on Croydon Road at Parramatta Road, Ashfield
	29 - Fatality at intersection of Milton Street and Georges River Road, Ashfield
All Wards	8 - Minor Traffic Facilities
	31 - Accident Statistics in the Inner West

DISCUSSION

Meeting of the Inner West Council Local Traffic Committee was held on 6 May 2019 at Petersham. The minutes of the May meeting are shown at ATTACHMENT 1.

FINANCIAL IMPLICATIONS

Projects proposed for implementation in 2018/19 are funded within existing budget allocations.

PUBLIC CONSULTATION

Specific projects have undergone public consultation as indicated in the respective reports to

the Traffic Committee. Members of the public attended the meeting to address the Committee

on specific items.

ATTACHMENTS

1.⇩	LTC Minutes 6th May 2019

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 6

Subject:         Investment Report as at 30 April 2019

Prepared By:     Brendhan Barry - Manager Financial Services  

Authorised By:  Michael Tzimoulas - Deputy General Manager Chief Financial and Administration Officer

RECOMMENDATION

THAT the report be received and noted.  

REPORT

Council’s holding in various investment categories are listed in the table below. Council’s portfolio size sits at $200.9m, of which 85% are A rated or above. All Socially Responsible Investments (SRI’s) are investments that comply with the Non Fossil Fuel standards.

Council’s annualised return continues to exceed the bank bill index benchmark. Council’s portfolio had a One-Month Portfolio Investment Return of 4.02%, above the UBSWA Bank Bill Index Benchmark (2.01%).

The attachments to this report summarise all investments held by Council and interest returns for periods ending 30 April 2019.

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 April 2019 have been made in accordance with the Local Government Act, Local Government Regulations and the Inner West Council Investment Policy.

ATTACHMENTS

1.⇩	IWC Apr19
2.⇩	IWC Economic and Investment Portfolio Commentary Apr 19

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Council Meeting 28 May 2019

Item No:         C0519(2) Item 7

Subject:         Notice of Motion: Policy for Increased Transparency and Probity for Inner West Council

From:             Councillors Lucille McKenna OAM and Mark Drury

Motion:

THAT Council calls on the CEO to recommend a policy for increased transparency and probity for the IWC. In developing the policy the CEO should:

a.   Use the existing disclosure, conflict of interest and requirements of the Local Government Act as a minimum baseline;

b.   Assess all recommendations from the NSW Independent Commission Against Corruption and the NSW Auditor General (as they pertain to local government) and the Office of Local Government, that are relevant to improving probity; and

c.   Consider establishing a lobbyist register to ensure transparency regarding advocacy on behalf of commercial and corporate interests relating to Council approvals, policy decisions and appointments.

Background

Lobbying can be a lawful part of the democratic process.

Section 232(2) of the Local Government Act 1993 makes it clear that councillors have a role to facilitate communication between the community and the council. Interactions with community members are also a way for councillors to obtain information that may be relevant to strategic and policy decision making.  

However it is critical that lobbying does not undermine public confidence in impartial decision-making. 

We all know Councillors must take care to consider issues fairly and properly and not be compromised by lobbyists practices that are outside the bounds of appropriate or lawful behavior.

State Government agencies have struggled to adequately deal with this issue nor is it possible to define every type of activity that could constitute inappropriate or unlawful lobbying. Often those who have grappled with this issue do not seem to adequately understand the relationship between councillors and the communities they represent. Generally, the advice is along the lines that, “inappropriate or unlawful conduct on the part of someone lobbying a councillor usually involves an attempt to obtain preferential consideration or treatment based on factors other than the merits of a matter.” ICAC 2006

The suggested remedies are often impractical and excessively bureaucratic.  The most recent specific advice for Councillors about Lobbying an Local government Councillors was published by ICAC in 2006 . There is insufficient attention in the model code of conduct relating to how to deal appropriately with lobbyists for commercial interests.

Transparency is often cited a the best policy for dealing with probity issues we therefore call for consdideration of a Inner West Council Lobbyist Register.

ATTACHMENTS

Nil.

Council Meeting 28 May 2019

Item No:         C0519(2) Item 8

Subject:         Notice of Motion: Good Neighbour Policy

From:             The Mayor, Councillor Darcy Byrne

Motion:

THAT Council expand the Good Neighbour policy to cover the entire Inner West Council local government area, to ensure Council Officers work with licensed venues, live music providers and local residents to find a solution to amenity-related complaints prior to taking any formal regulatory action.

Background

Longstanding pubs, clubs and other licenced venues are essential part of the character history and heritage of the inner west.

Over recent years pub operators have been finding it more and more difficult to negotiate the range of local and state government regulations in relation to noise and other amenity impacts.

Council has a statutory obligation and community responsibility to protect the amenity of residents. However we also have a responsibility to support the successful operation of local businesses, including pubs.

In 2013 an inner west live music icon, the Annandale Hotel, was driven into receivership, due partly to difficulties with regulation and noise complaints.

Later that year the former Leichhardt Council adopted a Good Neighbour policy, which was aimed at ending legal action against live music venues.

The premise of the policy was that both the amenity of residents and the commercial viability of venues can be upheld simultaneously and that the best way to do that is through mediation and consensus resolution to problems as they arise.

It’s now time to consider expanding the good neighbour policy to the rest of the inner west and broadening its provisions to include not just music but all amenity impacts from all pubs, clubs, small bars and other licenced premises.

ATTACHMENTS

Nil.