AGENDA R

Council Meeting

TUESDAY 10 MARCH 2020

6.30pm

Council Meeting 10 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:

• 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 10 March 2020

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 25 February 2020 Council Meeting                         5

Minutes of 3 March 2020 Extraordinary Council Meeting       18

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 Strategic Implications

Nil at the time of printing.

11 Reports for Council Decision

ITEM                                                                                 Page

C0320(2) Item 1       Amendment to Leichhardt Development Control Plan clarifying car share provisions                                             28

12 Reports for Noting

Nil at the time of printing.

13 Rescission Motions

ITEM                                                                                 Page

C0320(2) Item 2       Notice of Motion to Rescind: C0718 Item 5 Delegations to the General Manager - Contracts                                              30

14 Notices of Motion

ITEM                                                                                 Page

C0320(2) Item 3       Notice of Motion: Transition of Council’s Fleet                                                          31

C0320(2) Item 4       Notice of Motion: Council's Electricity and Heating Costs (Large Increases)  36

C0320(2) Item 5       Notice of Motion: Stanmore and Camdenville OOSH Services                    37

15 Questions From Councillors

ITEM                                                                                 Page

C0320(2) Item 6       Question on Notice: The use of Glyphosate by Inner West Council       38

16 Reports with Confidential Information

Reports appearing in this section of the Business Paper are confidential in their entirety or contain confidential information in attachments.

The confidential information has been circulated separately.

ITEM                                                                                 Page

C0320(2) Item 7       Cooks River Parklands - HJ Mahoney Reserve - Tender Recommendation    42

C0320(2) Item 8       RFQ 51-19 WAN, Internet and associated Services                                  43

C0320(2) Item 9       SSROC Tender for Clean up processing

C0320(2) Item 10     Lease to Transport for NSW - Land in Camdenville Park and Cambell Street St Peters

C0320(2) Item 11     Code of Conduct Complaint Investigation

Council Meeting 10 March 2020

Minutes of Ordinary Council Meeting held on 25 February 2020 at                                 Ashfield Service Centre

Meeting commenced at 6.30 pm

Present:
Darcy Byrne Marghanita Da Cruz Mark Drury Lucille McKenna OAM Colin Hesse Tom Kiat Pauline Lockie Victor Macri Julie Passas Rochelle Porteous John Stamolis Louise Steer Anna York Michael Deegan Elizabeth Richardson	Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6:43pm) Councillor Councillor Councillor Chief Executive Officer Chief Operating Officer, Director Development and Recreation
Cathy Edwards-Davis Harjeet Atwal Terri Southwell	Director Infrastructure Senior Manager Planning Team Leader - Urban Strategy
Ian Naylor	Manager Governance
Katherine Paixao	Governance  Coordinator

APOLOGIES:    

Motion: (Macri/McKenna OAM)

THAT apologies from Councillors Iskandar and Raciti be accepted, and apologies for lateness from Councillor Porteous be accepted.

Motion Carried

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

Against Motion:           Nil

DISCLOSURES OF INTERESTS:   

Clr Hesse declared a non-significant, non-pecuniary interest in Item 13 - Sydney Eastern City Planning Panel Report: DA201900096 – 182-198 Victoria Road and 28-30 Faversham Street, Marrickville as he is a member of the Marrickville Bowling Club.

Motion: (Byrne/McKenna OAM)

THAT Council note the disclosure of interest.

Motion Carried

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

Against Motion:           Nil

CONFIRMATION OF MINUTES

Motion: (Kiat/McKenna OAM)

THAT the Minutes of the Council Meeting held on Tuesday, 10 December 2019 and Tuesday, 11 February 2020 be confirmed as a correct record.

Motion Carried

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

Against Motion:           Nil

Registered Speakers

Motion: (Hesse/Stamolis)

THAT Council hear all registered speakers for Item 6 Housing and Transport Strategies - Post exhibition report.

Motion Carried

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

Against Motion:           Nil

Councillor Porteous entered the Meeting at 6:43 pm.

PUBLIC FORUM

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

Councillor McKenna OAM left the Meeting at 7:14 pm.

Councillor McKenna OAM returned to the Meeting at 7:18 pm.

C0220(2) Item 1  Mayoral Minute: Disaster relief funding for RFS

Motion: (Byrne)

THAT Council:

1. Gives a $50,000 donation to the NSW Rural Fire Service (RFS) to assist it in its disaster relief activities during the ongoing bushfire crisis; and

2. Note that staff have identified funds from working capital for this donation.

Motion Carried

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

Against Motion:           Nil

C0220(2) Item 2  Mayoral Minute: Yabun Festival

Motion: (Byrne)

THAT Council:

1. Support the Yabun Festival with a $30,000 sponsorship in 2020;

2. Receive a report regarding an annual funding process that would allow Yabun to be part of Council’s formal grant framework from 2021; and

3. Note that staff have identified funds from existing City Living budgets to provide this sponsorship for the 2020 event.

Motion Carried

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

Against Motion:           Crs Macri, Passas and Stamolis

Councillor Kiat left the Meeting at 7:33 pm.

Councillor Passas left the Meeting at 7:34 pm.

Councillor Kiat returned to the Meeting at 7:35 pm.

Councillor Passas returned to the Meeting at 7:42 pm.

C0220(2) Item 4  Mayoral Minute: Rozelle Interchange

Motion: (Byrne)

THAT Council:

1. Notes the provision of onsite parking for staff working on WestConnex Stages 3a and 3b is totally inadequate and is having massive impacts on parking in local streets;

2. Notes that given the complexity of RMS requirements at the time, that no new RPS were sufficiently supported by residents to be established in the streets bordering King George Park when surveys were conducted in 2019;

3. Notes the $178,000 allocated from Transport for NSW (TfNSW) to fund Resident Parking Schemes (RPS) investigations in areas affected by the construction of the Rozelle Interchange and Stage 3a works near King George Park, and writes to TfNSW insisting that they undertake the investigations as a matter of urgency with the recommendations to be reported to the Local Traffic Committee meeting in April;

4. Letterboxes affected areas to notify residents how they can participate and make proposals to the TfNSW Resident Parking Scheme investigations to be funded from the TfNSW grant;

5. Continues to lobby TfNSW and the project contractor to continue to investigate other measures to mitigate the impacts of worker parking, including appropriate onsite or satellite parking provisions, carpool strategies and public transport initiatives, in the areas affected by the construction of Rozelle Interchange;

6. Designs a flyer to be made available to residents outlining how they can lodge complaints about compliance breaches on Stage 3a and 3b WestConnex construction sites and advocate to the State Government about traffic, parking and other impacts;

7. Makes the amelioration of the impacts of worker parking and traffic disruption along Lilyfield Road, due to the construction of the Rozelle Interchange, a priority;

8. Writes to the State Government demanding they make publicly available the satellite imaging technology the Government has purchased relating to WestConnex construction impacts so that residents can determine the impact of WestConnex construction on their properties; and

9. Writes to Transport NSW condemning to the removal of the pedestrian/cycling bridge connecting Lilyfield road to ANZAC bridge, which is the second busiest cycle route in Sydney, and the lack of any safe alternative route.

Motion Carried

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

Against Motion:           Nil

C0220(2) Item 5  Mayoral Minute: Property and Rating System

Motion: (Byrne)

THAT:

1. Council thanks and congratulates the dedicated team of more than 30 Council staff lead by Council’s Chief Operating Officer and Director Development and Recreation, Elizabeth Richardson, Chief Information Officer, Harin Perera, and Project Manager, Steve Johnson, who worked tirelessly to deliver this state-of-the-art technology to the Inner West; and

2. A Councillor briefing and demonstration on the Property and Rating system be held and a report be provided on the implementation of the system.

Motion Carried

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

Against Motion:           Nil

C0220(2) Item 3  Mayoral Minute: Birchgrove and Balmain Ferries Changes

Motion: (Byrne)

THAT Council:

1. Registers its strong opposition to the proposal to eliminate all direct services from both Birchgrove and Thames Street wharves to Circular Quay; and the direction for all passengers on the Parramatta River to transfer at Balmain East for ferry services to Circular Quay;

2. Writes to the Minister for Transport and Roads condemning the proposal;

3. Conducts a survey of residents of the Balmain Peninsula regarding the impacts on their lives that this elimination of ferry services would result in. That the results of this survey be used to raise awareness of the issue and are sent ti the Minister for Transport and Roads and Transdev; and

4. Immediately lodges a submission to the community consultation process outlining the impacts on the local and wider transport network, local economy and on local residents. 

Motion Carried

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

Against Motion:           Nil

Suspension of Standing Orders

Motion: (Porteous/Hesse)

THAT Council bring forward Items 6, 7, 10 and 14 which had registered speak to be dealt with at this time.

Motion Carried

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

Against Motion:           Crs Drury and Passas

C0220(2) Item 6  Housing and Transport Strategies - Post exhibition report

Motion: (York/Da Cruz)

THAT Council defer this item until the end of the meeting to discuss this matter and make a decision tonight.

Motion Carried

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

Against Motion:           Nil

Foreshadowed Motion: (McKenna OAM/York)

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.

This Foreshadowed Motion was withdrawn.

Councillor Hesse left the Meeting at 8:38 pm.

C0220(2) Item 7  Draft Local Strategic Planning Statement - Post Exhibition Report

Motion: (Drury/McKenna OAM)

THAT Council:

1.       Endorse the Draft Local Strategic Planning Statement (LSPS) (Attachment 1) for submission to the Greater Sydney Commission; and

2.       Delegate authority to the CEO to ‘make’ the LSPS following receipt of written support from the Greater Sydney Commission, addressing any requirements or conditions which may be included and publish it on the NSW Planning Portal.

Motion Carried

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

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

Absent:                         Cr Hesse

Foreshadowed Motion: (Da Cruz/Stamolis)

THAT Council defer the item to allow councillors to receive a briefing on the Local Strategic Planning Statement and submit a draft LSPS to the Department.

This Foreshadowed Motion lapsed.

Councillor Hesse returned to the Meeting at 8:44 pm.

C0220(2) Item 10       Voluntary Planning Agreement Policy

Motion: (Kiat/Porteous)

THAT:

1.   Endorse the draft Voluntary Planning Agreement Policy with the following amendment:

a) The policy be amended ensure that VPAs seek to implement with Council’s Affordable Housing Policy and Housing Strategy to obtain 15% of total gross floor area of major planning agreements (including any development larger than 20 units) to be transferred to Council as Affordable Housing units. This should be made clear in the following sections of the Policy: Objectives (s 3), Principles (s 6), Types of contributions and benefits (s 11), and in the Guidelines/Procedures (Part C).

2. Rescind the Voluntary Planning Agreement policies of the former Leichhardt and Marrickville councils;

3. Noting the support of Council for establishing an Affordable Housing fund, that an audit be conducted in relation specifically to cash contributions received under VPAs for the purpose of affordable housing, for the past ten years (including constituent Councils), in order that these funds be allocated to the Affordable Housing fund when it is established.

Motion Lost

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

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

Amendment (Drury/McKenna OAM)

THAT point 1 be replaced with “the policy be amended to seek to implement the Council’s Affordable Housing Policy and Housing Strategy to obtain 15% of total gross floor area of major planning agreements (including any development larger than 20 units) to be transferred to Council as Affordable Housing units.”

Motion Lost

For Motion:                  Crs Byrne, Drury, Lockie, McKenna OAM, Stamolis and York

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

Foreshadowed Motion: (Macri/Passas)

THAT Council:

1.   Endorse the draft Voluntary Planning Agreement Policy provided in Attachment 1; and

2.   Rescind the Voluntary Planning Agreement policies of the former Leichhardt and Marrickville councils.

Motion Carried

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

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

Councillor Passas left the Meeting at 9:23 pm.

ADJOURNMENT

9.23pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.26pm– The Mayor, Clr Byrne resumed the meeting.

C0220(2) Item 14       Local Traffic Committee Meeting held on 2 December 2019 and 3      February 2020

Motion: (Hesse/Byrne)

THAT the Minutes of the Local Traffic Committee Meeting held on 2 December 2019 and 3 February 2020 be received and the recommendations be adopted subject to the following amendments:

a) December 2019 - LTC1219 Item 8 Carrington Road Marrickville, THAT a further report be provided to Council to examine the provision of a pedestrian crossing on Carrington Road near Renwick Street Marrickville to improve pedestrian safety, particularly the safety of students attending Tempe High School;

b) February 2020 - LTC0220 Item 9           Clissold Street, Ashfield - Investigation of Proposed Works from the Ashfield Traffic Management Strategy (Djarrawunang-Ashfield Ward/Summer Hill Electorate/Burwood PAC) - THAT Council write to Transport for NSW and Transit Systems and request that to ensure safe traffic management they support the introduction of opposing directional one-way streets in Clissold Street and Seaview Street, Ashfield, with the associated changes to the 406 and 413 bus routes; and

c) That traffic officers meet with Stockland Cardinal Freeman Village with the view to have delivery and large vehicles enter from either Victoria Street or Queen Street Ashfield.

Motion Carried

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

Against Motion:           Nil

Absent:                         Cr Passas

Amendment (Drury/York)

February 2020 - LTC0220 Item 9     Clissold Street, Ashfield - Investigation of Proposed Works from the Ashfield Traffic Management Strategy (Djarrawunang-Ashfield Ward/Summer Hill Electorate/Burwood PAC) - THAT Council write to Transport for NSW and Transit Systems and request that to ensure safe traffic management they support the introduction of opposing directional one-way streets in Clissold Street and Seaview Street, Ashfield, with the associated changes to the 406 and 413 bus routes.

Motion Tied

For Motion:                  Crs Byrne, Drury, Hesse, Lockie, McKenna OAM and York

Against Motion:           Crs Da Cruz, Kiat, Macri, Porteous, Stamolis and Steer

Absent:                         Cr Passas

The Chairperson used his Casting Vote for the MOTION and the MOTION was carried.

As this Amendment was carried, it was incorporated into the primary motion.

Amendment (Passas/Da Cruz)

THAT Traffic Officers meet with Stockland Cardinal Freeman Village with the view to have delivery and large vehicles enter from either Victoria Street or Queen Street Ashfield.

As this Amendment was carried, it was incorporated into the primary motion.

Motion Carried

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

Against Motion:           Nil

Absent:                        Cr Passas

Amendment (Passas/Stamolis)

THAT point 3 of February 2020 - LTC0220 Item 1 The Esplanade/Markham Place and Charlotte Street, Ashfield- Bicycle Contra-Flow in One-Way Streets (Djarrawunang-Ashfield Ward/Summer Hill Electorate/Burwood PAC) Fox Lane be deleted.

Motion Lost

For Motion:                  Nil

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

Absent:                         Cr Passas

Councillor Porteous left the Meeting at 09:30 pm.

ADJOURNMENT

9.30pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.37pm– The Mayor, Clr Byrne resumed the meeting.

Confidential Session

The Mayor, Councillor Byrne, asked the Chief Executive Officer if any representations had been received from the public on any of the items Council will be discussing in Closed Session as per the Agenda.

The Chief Executive Officer replied that no representations had been received to talk to the items in Closed Session.

The Mayor, Councillor Byrne, asked if there were any members of the public gallery who would like to speak on the reasons Council proposes to consider the items in Closed Session.

There were none.

Members of the Public were asked to leave the Chamber.

Motion: (Byrne/McKenna OAM)

THAT Council enter into Confidential session.

Motion Carried

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

Against Motion:           Nil

Absent:                         Crs 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:

C0220(2) Item 29 - Licence of Leichhardt Oval to Sydney Football Club Pty Ltd (Section (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. 

C0220(2) Item 30 Sydney Gateway Project - Property Acquisition 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.

C0220(2) Item 31 Recycling Processing Services 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.

Motion: (Byrne/Passas)

THAT Council move back into the Open Session of the Council Meeting.

Motion Carried

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

Against Motion:           Nil

Reports with Confidential Information

C0220(2) Item 29       Licence of Leichhardt Oval to Sydney Football Club Pty Ltd

Motion: (McKenna OAM/Drury)

THAT Council as the land manager of Leichhardt Park (D500207):

1. Resolves to grant a one year temporary licence (Licence) of Leichhardt Park Oval 1 to Sydney Football Club Pty Ltd (Sydney FC) for football matches and training; and

2. Authorises the CEO or delegate to negotiate terms and execute the Licence.

Motion Carried

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

Against Motion:           Nil

Absent:                         Crs Passas and Porteous

Councillor Passas returned to the Meeting at 9:39 pm.

Councillor Porteous returned to the Meeting at 9:41 pm.

C0220(2) Item 30       Sydney Gateway Project - Property Acquisition

Motion: (Drury/Macri)

THAT:

1. Council delegate to the CEO the authority to enter into an agreement with Transport for NSW for the acquisition of land required for the Sydney Gateway Project. Such an agreement only to be entered into where the matters listed in Part 5 of the report have been addressed to the satisfaction of the CEO;

2. Councillors be advised of the final outcome of negotiations with TfNSW; and

3. Funds from the compensation received for the acquisition of Council’s existing industrial investment lands be held in reserve for investment (including in property where optimal) in order to offset the loss of existing rental income.

Motion Carried

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

Against Motion:           Cr Porteous

C0220(2) Item 31       Recycling Processing Services

Motion: (McKenna OAM/Passas)

THAT Council adopt the recommendation contained within the Confidential Attachment.

Motion Carried

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

Against Motion:           Nil

C0220(2) Item 6  Housing and Transport Strategies - Post exhibition report

Motion: (Da Cruz/Kiat)

THAT Council defer the item and to allow councillors to receive a briefing on the Housing/Transport/Economic-Retail-Employment Strategies.

Foreshadowed Motion: (Drury)

1. Adopt the draft Integrated Transport Study and Strategy (Attachments 1 and 2);

2. Adopt draft Inner West Local Housing Strategy subject to the amendments below; and

3. Seek endorsement from the Department of Planning, Industry and Environment for the strategies.

AMENDMENTS TO LOCAL HOUSING STRATEGY:

Dulwich Hill

a) Amend the wording in Key Constraints section of Table 25 on Page 30 under Dulwich Hill Station Neighbourhoods to include the wording “Biodiversity corridor Marrickville LEP 2011”.

b) Insert a map identifying the Greenway and Biodiversity Corridor in Section 6.2.

c) Include wording “Lands within the biodiversity corridor in Marrickville LEP 2011 and the Greenway” in Constraints Analysis section of Section 6.2.1.

d) Delete the following wording “provides an opportunity for redevelopment” in the last paragraph under the Dulwich Hill section in page 36.

e) Amend figure 49 on page 145 to correctly reflect the zoning fronting Grove Street, Dulwich Hill.

f) Delete any references to funding associated with the Greenway in the strategy.

g) Delete any references to focusing development between Dulwich Hill Train Station and Dulwich Grove Light Rail Station.

h) Delete examples in Action 3B of Principle 4 in Section 5.2.

Carrington Road

i) Delete any references which prohibit residential development in the Carrington Road precinct.

j) Amend last paragraph in Section 6.2.3 on page 112 under the Carrington Road, Marrickville section to state “As such, Carrington Road is identified as significantly constrained. Council should continue to work with the landowners to manage these lands into the future.”

Affordable Housing

k) Add any missing performance indicators for affordable housing from the Affordable Housing Policy.

l) Recognise the existence and potential of housing co-operatives.

Amendment (Hesse)

THAT point I and J be deleted of the foreshadowed motion.

Amendment (Kiat)

THAT Council adopt draft Inner West Local Housing Strategy (Attachment 3) subject to the following amendments:

1. That Council note that Strategy’s advice that there must be 571 affordable/social dwellings approved annually (57% total approvals) to meet the ‘affordable housing gap’ i.e. the needs of those in the Inner West who are homeless or in housing stress;
2. That Council respond to this challenge by prioritising the planning and non-planning mechanisms identified in the strategy, receiving quarterly reports on progress toward addressing the affordable housing gap;
3. Noting that the top three housing typologies preferred by respondents for growth were medium density, affordable for key workers and affordable for low income, and that medium density capacity is nearly exhausted in the LGA, that any options for increasing housing density in the LEP project include a focus on these typologies;
4. Noting that individual and organisation respondents supported expanding the affordable housing contribution mechanism to apply across the entire LGA at the 15% rate, that this be included as a specific ‘planning action’ in the Strategy;
5. Noting that three CHPs stated an intention to work with Council to identify opportunities to work with Council to investigate opportunities for delivering affordable housing, including on public land, that Council pursue high level discussions with these CHPs and report back to Council on progress;
6. That the Strategy include establishment of the Affordable Housing Fund as a tool for financing future projects as an action under the ‘non-planning mechanisms’ for delivering affordable housing; and
7. That the changes adopted by Council officers tonight, in relation to constraints to development in Dulwich Hill, following consultation with members of the community, form part of this area's consideration as part of the LEP project.

Meeting closed at 10.11pm

The following Items will be considered at the Extraordinary Council Meeting on 3 March 2020; Item 6, 8, 9 11, 12, 13, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28.

Public Speakers:

Item #	Speaker	Suburb
Item 6:	Dominic Hunt Jo Blackman Mark Skelsey Guy Rob Anthony Massera David Collins-White	Sydney (Mirvac) Dulwich Hill Dulwich Hill Lewisham Ashfield Croydon
Item 7:	John Haralambides	Marrickville
Item 10:	David Collins-White	Croydon
Item 14:	Graeme Kerr Anthony Johnsen	Ashfield Marrickville

Council Meeting 10 March 2020

Item No:         C0320(2) Item 1

Subject:          Amendment to Leichhardt Development Control Plan clarifying car share provisions

Prepared By:      Marcia Doheny - General Counsel  

Authorised By:  Michael Deegan - Chief Executive Officer

RECOMMENDATION

THAT Council approves exhibition of an amendment to the Leichardt Development Control Plan 2013 that removes clause C25(c) which currently provides that one car share space can be provided in lieu of five car spaces.

DISCUSSION

Car parking demands in the Inner West Council are significant and continue to grow as increased housing density brings more residents into the area.

Inner West Council policy is to support car share as a way of enabling residents to have access to a car without the need to own a car. Lower car ownership reduces demand for parking and may also reduce road congestion.

The Leichhardt Development Control P 2013 (LDCP) contains the following provision related to car share:

Applicants in planning appeals have been using clause C25(c) above as support for an argument that, where Council’s DCP imposes numerical controls requiring a specified amount of parking spaces, car share can be used to reduce or replace the parking required by the controls.

The argument is that, for example, where twelve car parking spaces are required under the controls in a development, clause C25(c) can be used to authorise only providing two car share spaces.

This kind of argument is being used in development applications for a range of development including boarding houses and residential flat buildings.

Council staff do not support use of car share spaces as a substitute for car parking spaces for a number of reasons:

1.   Car share depends on private commercial agreements between car share providers and body corporates or owners of buildings being entered into and continuing in perpetuity.

2.   Members of the public may be less likely to enter private buildings to access car share and residents of such buildings may have concerns about their building being accessible by non-residents.

3.   There is no certainty that any such arrangement will continue – if for example, insufficient people use car share cars and they are no profitable, they will be unlikely to continue.

4.   Very limited enforcement options for Council - if ultimately car share is not provided in a completed development at all or is initially provided and then does not continue, it is very unlikely that a Court would require a completed building to be reconfigured to provide more spaces.

5.   Provision of car share spaces by itself will not necessarily result in residents not owning cars.

6.   Car owners will use on street parking if there is insufficient parking available within a development adding to parking shortages.

The intention of the LDCP provision is that car share be provided in addition to parking spaces required under the numerical controls. However, clause C25(c) is being misused by some applicants in planning appeals to argue that car share be used as a substitute for provision of car parking spaces.

Applicants in other parts of Inner West not subject to the LDCP are also using clause C25(c) to argue that car share be used as a substitute for car parking even where the applicable DCP does not contain a provision equivalent to C25(c).

Deletion of clause C25(c) will remove any lack of clarity while still continuing Council’s support for car share.

Council is currently reviewing all of it’s parking controls as part of the preparation of a new comprehensive Inner West Council Development Control Plan. The recommended amendment to Clause 25 of the LDCP can be adopted as an interim measure to respond to current issues arising in the context of planning appeals. It can then be the subject of further consideration  as part of the  parking control review.

FINANCIAL IMPLICATIONS

Nil

ATTACHMENTS

Nil.

Council Meeting 10 March 2020

Item No:         C0320(2) Item 2

Subject:          Notice of Motion to Rescind: C0718 Item 5 Delegations to the General Manager - Contracts

From:             Councillor John Stamolis

Motion:

The abovementioned Councillor, hereby submit a Notice of Motion to rescind Council’s resolution of C0718 Item 5 Delegations to the General Manager – Contracts, and propose the alternative Motion be adopted as follows:

THAT in order to improve Councillors oversight of finances, tenders and contracts, the current delegation of tenders and contracts under $1.5 million will be lowered to $0.5 million so that Council is aware of, and approves, all contracts of $500,000 and above.

Background

At the Extraordinary Council Meeting on 3 July 2018, Council resolved: -

C0718 Item 5 Delegations to the General Manager - Contracts

Motion: (York/Drury)

THAT:

1.   The information be received and noted and that Council delegate to the General Manager power to enter into contracts up to $1,500,000; and

2.   Information on tenders issued and awarded under delegations by the General Manager be reported to Council for information only at the next possible council meeting.

The current policy where Councillors approve contracts of $1.5 million and over has resulted in Councillors having very little knowledge of the major business and financial decisions of Council, yet this is a primary role of Councillors.  There are not many reports of $1.5 million and above.

In an environment where significant merger activity is still taking place and contracts are seeing major change or being reviewed entirely; it is not good that Councillors have little or no information and are being seen to take no responsibility for major financial decisions and change.

ATTACHMENTS

Nil.

Council Meeting 10 March 2020

Item No:         C0320(2) Item 3

Subject:          Notice of Motion: Transition of Council’s Fleet

From:             Councillor Marghanita Da Cruz

Motion:

THAT Council note the receipt of a petition of over 100 signatures reflecting community support for the transition of the Council fleet to electric vehicles and receive an update on the Fleet Transition Plan in early 2020.

Background

Ms Anna Harvery of Croydon attended 10 December 2019 Inner West Council meeting and spoke to C1219(1) Item 1 Climate and Renewables Strategy. Ms Harvey also presented a petition with 103 signatures to council. The cover letter and text of the petition is attached.

Below are undated graphs from C1219(1) Item 1 Climate& Renewables Strategy, IWC Agenda 10Dec’19 and data from the National Greenhouse Gas Inventory (June 2019) showing trends in Greenhouse Gas Emissions by sector.

2.3 Energy – Transport

The transport sector includes emissions from the direct combustion of fuels in transportation by road, rail, domestic aviation and domestic shipping. The main fuels used for transport are automotive gasoline (petrol), diesel oil, liquefied petroleum gas (LPG) and aviation turbine fuel. In the year to June 2019, transport accounted for 18.9 per cent of Australia’s national inventory (Figure 4).

The domestic transport sector accounts for over 70 per cent 9 of liquid fuels consumed in Australia. The past six years have seen a decrease in the consumption of petrol (including ethanol-blended) of 5.0 per cent and a strong increase in diesel consumption of 18.9 per cent.

Emissions in the June 2019 quarter increased 0.1 per cent in trend terms, while ‘unadjusted’ emissions increased 3.2 per cent (Figure 11). This is attributed to increased diesel sales for the June 2019 quarter after unusually low diesel sales in the March 2019 quarter.

Emissions from transport over the year to June 2019 decreased by 0.5 per cent when compared with the previous year. This decline in transport emissions reflected a 4.3 per cent annual decline in petrol consumption.

Source: Quarterly Update of Australia’s National Greenhouse Gas Inventory:June 2019, Commonwealth of Australia 2019.

Officer’s Comments:

Comment from Urban Sustainability Manager:

Officers can provide a Councillor briefing note in early 2020 as an update on actions related to Council’s fleet transition.

ATTACHMENTS

1.⇩	Petition signatures comments

Council Meeting 10 March 2020

Council Meeting 10 March 2020

Item No:         C0320(2) Item 4

Subject:          Notice of Motion: Council's Electricity and Heating Costs (Large Increases)

From:             Councillor John Stamolis

Motion:

THAT Council receive a report back at the second March Ordinary Council meeting, on the doubling of its electricity and heating costs since the merger.

Background

Other Expenses in Note 4e of Council's financial statements show a very large increase in electricity and heating costs since the merger.  These costs have virtually doubled since the merger from $1.64 million to $3.23 million.  The increases in cost per year have been very high (between 16% and 35% per year).

While it is well known that the cost of electricity from suppliers has increased over recent years, Council has initiated a number of programs to reduce reliance on electricity which should have offset a proportion of that increase.  Council should identify the amount of cost offset from its solar generation and any procurement savings.

	$'000	Increase	Increase from 2016
2016	$1,642
2017	$2,066	26%	26%
2018	$2,392	16%	46%
2019	$3,230	35%	97%

Officer’s Comments:

Comment from Urban Sustainability Manager:

Factors influencing Council’s utility bills over Financial Years 2015/2016 to 2018/2019 are:

• The utilities market and rates set in Council contracts

• Changes to Council assets - new Council facilities opening, changes to operating

  hours of existing facilities

• Weather – significantly influences air conditioning load and pool heating

Council holds medium-term electricity contracts negotiated approximately every three years

via SSROC. Contracts were negotiated in FY15, when electricity market prices were low and

set for three years. When these contracts expired in FY18, electricity market prices were very

high. To avoid locking in high prices over the long term, Council took a short-term

contract. The higher prices are reflected in the FY19 cost rise. The short-term contracts have

now expired, and new contracts (including the Moree Solar Farm PPA) commenced in FY20

on 1 July 2019.

Over this period, Council(s) undertook a range of rooftop solar installations and energy

efficiency projects. Without these projects, costs would have been higher. While rooftop solar

is important in reducing costs and carbon, it typically provides around 10% of a building’s

power, and the savings provided by solar may be exceeded by other factors such as those

above, particularly when street lighting makes up a large component of Council energy

costs. Over the historical period shown in the tables, Council had around 300 kW of rooftop

solar power on its buildings. This translates to approximately $90K in savings (assuming

typical Sydney solar generation rates and an estimated average daytime electricity rate of

$0.20/kWh). For clarity, while various solar PV and energy projects were undertaken in the

period identified in this Notice of Motion, projects under the “Pathway to a Carbon Neutral

Council” C1218(1) Item 14 commenced in FY20 (that is, 1 July 2019 onwards). Examples

include the Moree solar farm contract, LED streetlight rollout and solar PV projects approved by Inner West Council.

ATTACHMENTS

Nil.

Council Meeting 10 March 2020

Item No:         C0320(2) Item 5

Subject:          Notice of Motion: Stanmore and Camdenville OOSH Services

From:             Councillor Anna York

Motion:

THAT Council:

1.   Note that tenders were awarded in February 2020 for the OOSH services at Stanmore and Camdenville Public Schools – both previously provided in long-running and well-established services by Inner West Council;

2.   Note that an alternative private provider was awarded these contracts, and that Inner West Council will no longer be providing OOSH services at these schools after the current contracts have been completed;

3.   Write to the NSW Minister for Education and Early Childhood Learning:

a)         seeking a comprehensive debrief of Council staff of the tender process and outcome for both schools;

b)         noting concerns parents have raised with the tender process and outcome,

c)         seeking a response as a matter of urgency to residents’ concerns; and

d)         seeking confirmation of the order and timing of any further tender processes for Council-run OOSH services in the Inner West LGA.

4.   Seek a meeting with the Network of Community Activities to learn from the experience of other Councils and related organisations also being required to tender for existing OOSH services, with a view to understanding how to position Council’s highly regarded, high quality OOSH services successfully in future decisions about preferred providers at the school or Departmental level.

Officer’s Comments:

Staff have no comment.

ATTACHMENTS

Nil.

Council Meeting 10 March 2020

Item No:         C0320(2) Item 6

Subject:          Question on Notice: The use of Glyphosate by Inner West Council

From:             Councillor Rochelle Porteous

Comment by the Chief Executive Officer:

Answers to all questions will be provided at an Ordinary Council meeting in May 2020.

Question

1.   In what form are records kept on the use of glyphosate to control weeks on IWC lands?

Question

2.   Who is responsible for checking these records and how often are they checked?

Question

3.   What oversight occurs to ensure the accuracy of these records?

Question

4.   What is the procedure where a breach of relevant policies occurs?

Question

5.   From the records kept by IWC, how often has glyphosate been used on IWC lands in the last 6 months?

Question

6.   Please provide details of each use of glyphosate for December and January by IWC.

Question

7.   The IWC Pesticide Notification Plan only requires one of the following notification methods to be used to notify the use of glyphosate:

·    Signs

·    Notice within a local community newspaper

·    Letters

·    Phone contact and/or Fax/email

·    Letterbox drops and/or door knocking

·    Inner West Council's web page

As part of the record keeping procedures, are records kept on the notification methods used for each use of glyphosate?

Question

8.   According to the IWC Pesticide Notification Plan council staff are not required to inform the public that they are spraying glyphosate locally if the application is

Spraying of glyphosate using a hand spray bottle, wand, or spray lance

As part of the record keeping procedures, are records kept where glyphosate has been used and the public has not been informed?

Question

9.   Feb 26 2019 Council adopted as part of the adoption of the Weed Management Policy to go out on exhibition the following:

Council engage a consultant to review existing herbicide use and make recommendations on improved risk mitigation as outlined in the report

a)   Has Council engaged a consultant to do this work? If not why not?

Question

b)   Assuming council has engaged this consultant, what recommendations has the consultant brought to council to improve risk mitigation?

Question

10. May 28 2019 Council as part of the adoption of the Weed Management Policy, the following was adopted:

Only use glyphosate as a matter of last resort where other methods cannot be applied and spot control of persistent weeds that resist other treatments occur.

a)   What decision-making process do council staff undertake to ensure Glyphosate is only used as a last resort?

Question

b) Where is it clearly outlined in the current policies that glyphosate must only be used as a last resort?

Question

11. May 28 2019 also adopted was the following:

Any use of glyphosate must be done in a way that avoids it running off into stormwater drains and our waterways.

a)   What steps are council staff taking to ensure that when glyphosate is used, it is not running off into stormwater, drains and our waterways?

Question

b)   Where is this wording for this found in the current policies?

Question

c)   Have there been any breaches regarding this directive from council in the last 6 months?

Question

12. In Leichhardt Council most weed control was undertaken by non-chemical means with use of steam weeding, snipping the weeds and hand weeding. Glyphosate was only used for spot control of weeds where all other methods were not effective. It was reported at the February 2019 council meeting that the Leichhardt Council weed management contract would end in September 2019.

Question

a)   Has the Leichhardt Council contract with most of the weed control being undertaken by non-chemical means been renewed with the same frequency of non-chemical weed removal and assurances regarding glyphosate only being used as a last resort?

Question

b)   Has the use of glyphosate increased in the Leichhardt Council area since September 2019? If it has please provide details.

Question

c)   Has the use of glyphosate increased in the Inner West Council area over the last 12 months? If it has please provide details.

Question

13. The General Secretary of the United Services Union, the industrial body representing Council’s staff, wrote to Councillors in May last year to notify Council that the USU has recently engaged with Safework NSW to further discuss the potential risks of Glyphosate to their workers. What work has the CEO done to follow up with the USU on this matter and to implement any worker safety recommendations?

ATTACHMENTS

Nil.

Council Meeting 10 March 2020

Item No:         C0320(2) Item 7

Subject:          Cooks River Parklands - HJ Mahoney Reserve - Tender Recommendation

Prepared By:      Bruce Royds - Project Manager - Open Space Buildings  

Authorised By:  Cathy Edwards-Davis - Director Infrastructure

RECOMMENDATION

THAT Council adopt the recommendation contained in the Confidential Attachment 1.

DISCUSSION

Stage 1 of the upgrade of the Cooks River parklands was completed in 2019. This Stage 2 at HJ Mahoney Reserve is the last stage of the works. Council invited tenders for the upgrade works under Tender No. 39-19, with tenders closing on 29 January 2020. The works include construction of drainage works including a bioretention pond, a tidal creek, a basketball court and play areas, extensive footpaths and associated landscaping.

Tenders were received and reviewed by the Tender Evaluation Committee. Tenders were evaluated in accordance with Council’s Purchasing Policy and Procedures and the Local Government Act 1993 and General Regulations 2005.

A Summary of the Tender Evaluation Committee’s report is attached as Confidential Attachment 1.

Pending Council approval, the works are expected to commence in March 2020 with completion by the end of June 2020.

FINANCIAL IMPLICATIONS

Nil

ATTACHMENTS

1.	T39-19 Cooks River Parklands Upgrade - HL Mahoney Reserve Tender Evaluation Summary - Confidential

Council Meeting 10 March 2020

Item No:         C0320(2) Item 8

Subject:          RFQ 51-19 WAN, Internet and associated Services

Prepared By:      Harin Perera – Chief Information Officer 

Authorised By:  Melodie Whiting - Director Corporate

RECOMMENDATION

THAT Council accept the recommendation contained in Confidential Attachment 1.

DISCUSSION

On 28th August 2019, Inner West Council went to market for RFQ 51-19 WAN, Internet and associated Services under the Local Government Panel Contract.

Invitations for quotation were issued to all vendors listed on the contract panel through Vendor Panel. Submissions were evaluated strictly in accordance with Council’s Purchasing Policy, Procedures and Evaluation Plan, and in compliance with the provisions of the Local Government Act 1993 and Tendering Regulation 2005.  All tenderers were assessed and scored against the advertised evaluation criteria listed in the RFQ document and weightings agreed to by the evaluation panel.

In accordance with the Local Government Act and existing council delegations, endorsement from Council is required for contracts in excess of $1,500,000 including GST.

A weighting methodology was employed to evaluate the tenderers, with each criterion given a weighting out of 100% in the Evaluation Plan. Each member of the Evaluation committee scored each tenderer’s submission against the criteria using a 1-10 rating. The scores are agreed by the tender panel and the weighting applied to arrive at the final weighted score as shown in Confidential Attachment 1

ATTACHMENTS

1.	RFQ 51-19 WAN, Internet and associated Services - Confidential