AGENDA R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Meeting

                            

TUESDAY 24 NOVEMBER 2020

 

6.30pm

 


Council Meeting

24 November 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

 

Speaking at a Council Meeting is conducted through an online software application called Zoom. Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

 

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

 

What happens after I submit the form?

You will be contacted by Governance Staff and provided with a link to the online meeting. Your request will then be added to a list that is shown to the Chairperson on the night of the meeting. Public speakers will be allowed into the Meeting when it is their time to speak.

 

Where Items are deferred, Council reserves the right to defer speakers until that Item is heard on the next occasion.

   


Council Meeting

24 November 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 10 November 2020 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 Strategic Implications

 

Nil at the time of printing.

11        Reports for Council Decision

 

ITEM                                                                                                                                       Page

 

C1120(2) Item 1       2020/21 First Quarter Budget Review                                                   18

C1120(2) Item 2       Amendment to Marrickville Development Control Plan 2011 - Precinct 75 Post Exhibition Report                                                                                    36

C1120(2) Item 3       Draft Western Harbour Tunnel Interface Agreement                             66

C1120(2) Item 4       Local Traffic Committee Meeting - November 2020                              68

 

12        Reports for Noting

 

ITEM                                                                                                                                       Page

 

C1120(2) Item 5       Audited Financial Reports as at 30 June 2020                                      84

C1120(2) Item 6       Investment Report as at 31 October 2020                                           171

C1120(2) Item 7       Statistical Report on Code of Conduct Complaints                             193

 

 

13        Rescission Motions

 

ITEM                                                                                                                                       Page

 

C1120(2) Item 8       Notice of Motion to Rescind: C1120(1) Item 15 Update on Permanent General Manager Recruitment - 10 November 2020                                        196

 

14        Notices of Motion

 

ITEM                                                                                                                                       Page

 

C1120(2) Item 9       Notice of Motion: Cost of Amalgamation                                             198

C1120(2) Item 10     Notice of Motion:Racism Not Welcome Campaign                             199

C1120(2) Item 11     Notice of Motion: Seaview Street Dulwich Hill                                     202

C1120(2) Item 12     Notice of Motion: Solar Panels for Rooftop carpark at Ashfield Town Hall and Shopping Centre                                                                                  204

C1120(2) Item 13     Notice of Motion: Globe Wilkins Preschool Tender                             205

C1120(2) Item 14     Notice of Motion:WestConnex Blasting                                               206

 

15        Reports with Confidential Information

 

Reports appearing in this section of the Business Paper contain confidential information in attachments.

 

The confidential information has been circulated separately.

ITEM                                                                                                                                       Page

 

C1120(2) Item 15     Arlington Reserve - Renewal Works                                                    208

 


Council Meeting

24 November 2020

 

 

 

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 10 November 2020

 

Meeting commenced at 6.30pm

 

 

 

 

 

Present:

Darcy Byrne

Victor Macri

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Pauline Lockie

Julie Passas

Rochelle Porteous Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Brian Barrett

Elizabeth Richardson

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Acting General Manager

Chief Operating Officer, Director Development and Recreation

Cathy Edwards-Davis

Director Infrastructure

Katherine Paixao

Acting Governance Manager

Carmelina Giannini

Governance Support Officer

 

 

APOLOGIES:       Nil

 

 

DISCLOSURES OF INTERESTS:   

 

 

Councillor Kiat declared a non-significant, non-pecuniary interest in Item 4 Post Exhibition - Heritage Listing - 389 Illawarra Road, Marrickville as his family friend is the heritage architect.

 

Councillor Hesse declared a non-significant, non-pecuniary interest in Item 3 Adoption Leichhardt Park Plan of Management as his cousin is a signatory to the petition from the disability group that want the club house.

 

 

 

 

 

 

 

 

 

 

 

CONFIRMATION OF MINUTES

 

Motion: (Byrne/McKenna OAM)

THAT the Minutes of the Extraordinary Council Meeting held on Tuesday, 13 October 2020 and Ordinary Council meeting held on Tuesday, 27 October 2020 be confirmed as a correct record.

Motion Carried

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

Against Motion:          Nil

 

 

PUBLIC FORUM

 

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

 

 

C1120(1) Item 16       Mayoral Minute: Telstra Building in Balmain

Motion: (Byrne)

 

THAT Council:

 

1.   Notes that ongoing delays by Telstra have prevented the completion of a new community open space and streetscape area at 366C Darling Street, Balmain;

 

2.   Writes to Telstra asking the company to immediately re-engage in negotiations with Council’s legal team to solve any impasse and to allow the project to proceed; and

 

3.  Receive an update on the progress of the project at the December Ordinary Council  
     meeting.

Motion Carried

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

Against Motion:          Nil

 

C1120(1) Item 18       Mayoral Minute: Leichhardt Oval

Motion: (Byrne)

 

THAT Council:

1.    Notes the recent announcement revealing the NSW Government intends to announce funding for new stadiums at Kogarah, Brookvale, Liverpool and Penrith in the State Budget on 17 November;

 

2.   Notes that Council has been seeking investment from the State Government for the upgrade of Leichhardt Oval and Henson Park for several years and has yet to receive any funding for the ground; and

 

3.   Writes to the Premier and Treasurer requesting the NSW Government distribute this suburban grounds funding through an open and fair grants application process instead.

Motion Carried

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

Against Motion:          Nil

 

C1120(1) Items 1 and 14       Harmonisation of Rates

Motion: (Drury/Steer)

THAT Council:

1.    Notes that the  NSW  Government  is requiring all amalgamated councils to harmonise rates by an arbitrary date (1 July 2021). This is despite the fact that the harmonisation of rates and services is a difficult process for a council that is the amalgam of 3;

·                      

2.    Has commenced harmonising other charges and is in the process of harmonising service standards across the LGA.  To compel the Inner West Council to harmonise rates prior to further progress on the harmonisation of services will lead to anomalies;

 

3.    Has been calling on the NSW Government  to allow us to transition to its final preferred rating structure over a number of years, acting to  ‘smooth out’ the negative impacts to ratepayers and to align it with our service sat and harmonisation;

 

4.    Understand that the Minister is working on this and a bill may be brought to parliament later this year.  Given the Council wants to introduce a minimum rate we are advised we must submit to IPART requires us to submit a Minimum Rate Application by 8 February 2021.  With this timetable we will not have time properly engage in community consultation;

 

5.    Note that the Minister has said that the NSW Government remains committed to assisting each new council to identify a path to undertake rating harmonisation that is appropriate to the needs of different local communities. This includes allowing each council to equalise rates gradually over time across their local government area;

 

6.    Call on the Minister to show her commitment to assist and urgently intervene to allow the Inner West Council a transitional arrangement;

 

7.    Place on public exhibition the Proposed Rating Structure (categories, sub-categories) as recommended in the report for community engagement;

 

8.    Place on public exhibition the new Minimum Rates as recommended in the report, for community engagement;

 

9.    Place on public exhibition reallocation of Ashfield Mall, Leichhardt Marketplace and Norton Street Plaza from Business General to Business Malls and the redistribution of rates income from Business General to Business Malls as recommended in the report, for community engagement;

 

10.  Commences community consultation on the proposed rating structure including examples for each of the three former local government areas that shows the increase or decrease in rates for the lowest rates, middle rates and highest rates of each category eg Marrickville lowest rate was $700.00 would now be $720.00 etc; and

 

11.  Staff report to Council on progress at all following Council meetings until iPart deadline of 1 April 2021.

 

Motion Carried

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

Against Motion:          Crs Passas and Stamolis

 

Amendment (Steer/Da Cruz)

 

THAT the plan be amended to place on exhibition a minimum rate of $710.

Motion Lost

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

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

 

Foreshadowed Motion (Stamolis/Passas)

 

THAT Council defer this item until:

 

1.    A fully amended data report is provided;

2.    Broader data comparisons across the three previous Councils are provided;

3.    Comparisons with nearby Councils are provided; and

4.    A broader analysis of the impact on ratepayers of adjusting the minimum rate to $850.

 

This Foreshadowed Motion lapsed.

 

C1120(1) Item 2         Reprioritisation of Park Plans of Management-Alignment with the       Land & Property Strategy (LAPS)

Motion: (Hesse/Byrne)

 

THAT Council adopt the revised schedule of Park Plans of Management implementation works in order to align with the delivery of the Land and Property strategy.

 

Motion Carried

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

Against Motion:          Nil

Councillor Porteous left the Meeting at 8:06 pm.

 

C1120(1) Item 3         Adoption Leichhardt Park Plan of Management

Motion: (Byrne/Drury)

 

THAT Council adopt the Leichhardt Park Plan of Management as pursuant to Section 40 of the Local Government Act 1993 in accordance with 3.23(6) of the Crown Lands Management Act 2016.

 

Motion Carried

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

Against Motion:          Crs Passas and Stamolis

Absent:                        Cr Porteous

 

Amendment (Stamolis)

THAT the location of a skate park must be selected on the basis of local community support.

 

The Mayor ruled this Out of Order as the location of the skate park is identified in the Plan of Management.

Amendment (Da Cruz/Steer)

 

THAT the reference to converting Leichhardt Oval Number 2 to a synthetic surface be deleted.

 

Motion Lost

For Motion:                 Crs Da Cruz, Hesse and Steer

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

Absent:                        Cr Porteous

 

Councillor Iskandar retired from the Meeting at 8:45 pm.

 

C1120(1) Item 4         Post Exhibition - Heritage Listing - 389 Illawarra Road, Marrickville

Motion: (Hesse/Steer)

 

THAT Council:

 

1.       Support the amendments to the Marrickville Local Environmental Plan (MLEP 2011) to list 389 Illawarra Road, Marrickville as an item of local heritage significance;

 

2.       Delegate to the Chief Executive Officer or equivalent the authority to finalise the making of the MLEP 2011 amendment; and

 

3.       Forward the planning proposal to the Department of Planning Industry and Environment for finalisation and publication on the NSW Legislation website.

 

 

Motion Lost

For Motion:                 Crs Da Cruz, Hesse, Lockie, McKenna OAM, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Kiat, Macri, Passas, Raciti and York

Absent:                        Crs Iskandar and Porteous

 

Foreshadowed Motion (Kiat/Macri)

 

THAT Council:

1.    Note the heritage significance of the site in accordance with the independent heritage report, but does not proceed with the planning proposal in its current form; and

2.    Receive a report with advice, following discussions with Churches of Christ Property Trust and Nightingale Housing, on the possibilities for how the proposed affordable housing project can proceed with incorporation of heritage elements of the existing structure, noting that this approach has been previously been successful at Leichhardt Council. Council should seek to partner with the landowner on this affordable housing project, noting that Council has funds set aside for such projects in its Affordable Housing Fund.

Motion Carried

For Motion:                 Crs Hesse, Kiat, Lockie, Macri, McKenna OAM, Passas and York

Against Motion:          Crs Byrne, Da Cruz, Drury, Raciti, Stamolis and Steer

Absent:                        Crs Iskandar and Porteous

 

Amendment (Stamolis)

THAT Point 1 of the Foreshadowed motion be deleted.

 

This Amendment lapsed for want of seconder.

 

ADJOURNMENT

 

9.04pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.14pm– The Mayor, Clr Byrne resumed the meeting.

 

C1120(1) Item 5         WestConnex Independent Property Impact Assessment Panel

Motion: (Byrne/Lockie)

 

THAT the report be received and noted.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar and Porteous

Councillor Porteous returned to the Meeting at 9:16 pm.

 

C1120(1) Item 6         Notice of Motion to Rescind: Adoption of Tempe Reserve Plan of         Management - 27 October 2020

Motion: (Passas/Stamolis)

 

THAT Council rescind C1020(2) Item 1 Adoption - Tempe Reserve Plan of Management.

 

Motion Lost

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

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

Absent:                        Cr Iskandar

 

C1120(1) Item 7         Notice of Motion: Completion of works - Elizabeth Street          Ashfield 'Pocket Park'

Motion: (Passas/Da Cruz)

 

THAT:

 

1.    The works for the ‘Pocket Park’ in Elizabeth Street, Ashfield be completed immediately and a request for a new shade cloth be installed; and

 

2.    Council receive a report back at the Ordinary Council meeting in December 2020 on the progress of the shade sail installation program.

 

Motion Carried

For Motion:                 Crs Da Cruz, Hesse, Kiat, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer

Against Motion:          Crs Byrne, Drury, Lockie and York

Absent:                        Cr Iskandar

 

The Mayor, Clr Byrne left the meeting at 9:40pm and vacated the chair and the Deputy Mayor, Clr Macri assumed the chair.

 

C1120(1) Item 8         Notice of Motion: Cleaning Regime Town Centres

Motion: (Passas/Raciti)

 

THAT Council receive a report at the February 2021 Ordinary Council meeting detailing Council’s cleaning schedule, type of cleaning and any changes in cleaning schedules and type of cleaning since amalgamation in all Town Centres. The report should also detail Town Centre cleaning schedules in nearby Councils.

 

Motion Carried

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

Against Motion:          Cr Drury

Absent:                        Crs Byrne and Iskandar

 

 

C1120(1) Item 9         Notice of Motion: Fees to Pool

Motion: (Passas/Stamolis)

 

THAT Council:

 

1.    Survey and report back to Council the fee structure on all pools operated by Council in our Local Government Area with the view for Council to decide entry and user costs and that the previously provided free one-off family pass for Ashfield residents continue. This pass was sent out with rate notices. Also, Council has an obligation to ensure that learn to swim facilities are available for people on low incomes and support benefits, for that purpose entry fee should be waived for these attending learn to swim classes;

2.    Receive a report on fee structures for Learn to Swim participants, including advice on how accessibility could be increased by waiving entry fees for participants;

3.    Conduct community consultation on the accessibility of our pools in terms of affordability, with the aim of reaching a progressive fee structure that ensures no one is excluded from our aquatic centres (including gyms and other facilities) based on their inability to pay;

4.    Commit to extending as soon as possible the ‘Lifestyle Membership’ to all pools, without increasing the current cost of this membership, noting that the pools whose operations are outsourced to Belgravia have not yet been included;

5.    Receive a report on the total cost of subsidies and waivers provided to Belgravia as a result of Council’s 8 September 2020 resolution to vary the service contract;

6.    Report back on costs for seniors, concession card holders and pensioners at the various aquatic centres;

7.    Receive a report outlining options for promoting Ashfield Aquatic Centre in the community through targeted promotions e.g. ‘seniors swim free week’, or other free entry days aligned with special days or events; and

8.    Note that none of these actions are actioned until a report is brought back to Council.

Motion Carried

For Motion:                 Crs Da Cruz, Kiat, Macri, Passas, Porteous, Raciti and Stamolis

Against Motion:          Crs Drury, Hesse, Lockie, McKenna OAM, Steer and York

Absent:                        Crs Byrne and Iskandar

Councillor Byrne returned to the Meeting at 10:13 pm.

The Deputy Mayor, Clr Macri vacated the chair at 10.13pm and the Mayor, Clr Byrne assumed the chair.

 

C1120(1) Item 10       Notice of Motion: Final Pool Costs - Ashfield Pool

Motion: (Passas/Byrne)

 

THAT Council receive a detailed comprehensive report on the final costs to date which includes unfunded works, new items included that were not in the original budget.

 

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

C1120(1) Item 11       Notice of Motion: Damage to Council Property

Motion: (Passas/Byrne)

 

THAT Council receive a full report on Council’s policy regarding restoration and damage to public property.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

C1120(1) Item 12       Notice of Motion: Synthetic Turf and Arlington Oval

Motion: (Passas/Byrne)

 

THAT Council receive a report on:

 

1.    What caused the deterioration of the synthetic turf at Arlington Oval after a short period;

 

2.    What duration the synthetic turf should have had;

 

3.    The terms and conditions of the contract and warranty why these terms and conditions have caused considerable cost on Council;

 

4.    How Council can be assured that the replacement surface will last, and further major costs are not incurred; and

 

5.    What is the warranty of the new surface.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Iskandar

 

 

 

 

 

 

 

 

 

 

 

Confidential Session

 

Motion: (Byrne/Drury)

 

THAT Council enter into Confidential session.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

 

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:

 

C1120(1) Item 13 Tender Recommendation-IWC Parramatta Rd Urban Amenity Improvement - Construction - T07-20 (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (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.

 

C1120(1) Item 17 Mayoral Minute: Gender Equity in Executive Positions contains personnel matters concerning particular individuals (other than councillors) (Section 10A(2)(a) of the Local Government Act 1993).

 

C1120(1) Item 15 Update on Permanent General Manager Recruitment  contains personnel matters concerning particular individuals (other than councillors) (Section 10A(2)(a) of the Local Government Act 1993).

 

 

Motion: (Byrne/Drury)

 

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

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

 

 

 

 

 

 

 

 

 

 

Reports with Confidential Information

 

C1120(1) Item 13       Tender Recommendation-IWC Parramatta Rd Urban Amenity     
        Improvement - Construction - T07-20

Motion: (Drury/Byrne)

 

THAT Council:

 

1.    Accept the tender submitted by CA&I Pty Ltd be accepted for the construction of the IWC Parramatta Road Urban Amenity Improvements for Inner West Council; and

 

2.    Inform the unsuccessful Tenderers of the resolution to decline to accept those tenders.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

C1120(1) Item 17       Mayoral Minute: Gender Equity in Executive Positions

Motion: (Byrne)

 

THAT Council:

1.   Notes Inner West Council’s Workforce Management Strategy 2018-2022, which was adopted in June 2018;

2.   Notes that a Gender Equity Strategy is being developed by Council officers, with a draft strategy due to come to Council by June 2021;

3.   Supports the aim of having female representation in at least 50 per cent of senior executive roles.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Iskandar

 

 

 

 

 

 

 

 

C1120(1) Item 15       Update on Permanent General Manager Recruitment

Motion: (Byrne/Hesse)

 

THAT Council:

 

1.    Approve a change in title of the existing position of Chief Executive Officer to General Manager;

 

2.    Approve the recruitment consultancy recommended in Confidential Attachment 1 to assist Council in recruiting a permanent General Manager;

 

3.    Appoint the Mayor, Deputy Mayor, Councillors Hesse and Raciti to the recruitment panel; and

 

4.    Delegate to the selection panel the authority to conduct the selection process and make a recommendation on the appointment of a new General Manager for determination by Council.

 

Motion Carried

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

Against Motion:          Crs Passas, Stamolis and York

Absent:                        Cr Iskandar

 

Amendment (Passas/Da Cruz)

 

THAT there be no independent panel member.

 

Motion Carried

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

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

Absent:                        Cr Iskandar

 

As the Amendment was carried, the independent panel member in point 3 was removed.

 

Amendment (Stamolis/Passas)

 

THAT Council appoint Councillors Da Cruz and Raciti to be on the recruitment panel and remove Councillor Hesse.

 

Motion Lost

For Motion:                 Crs Da Cruz, Passas, Raciti and Stamolis

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

Absent:                        Cr Iskandar

 

 

Amendment (Passas/Steer)

 

THAT Council appoint Councillor Da Cruz to be on the recruitment panel.

 

 

 

 

 

Motion Lost

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

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

Absent:                        Cr Iskandar

 

Amendment (Stamolis/Macri)

 

THAT Council appoint Councillor Raciti to be on the recruitment panel.

 

 

Motion Tied

For Motion:                 Crs Byrne, Da Cruz, Macri, Passas, Porteous, Raciti and Stamolis

Against Motion:          Crs Drury, Hesse, Kiat, Lockie, McKenna OAM, Steer and York

Absent:                        Cr Iskandar

 

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.

 

Meeting closed at 11.00 pm.

 

 

 

 

Public Speakers:

 

 

Item #

 

Speaker                     

Suburb

Item 3:

Liam James

Andrew Alcorn

Liza Schaeper

Hurlstone Park

Rozelle

Annandale

Item 4:

Scott MacArthur

John Engeler

 

Rod Aanensen

Philippa Clark

Louise Stuart

Tempe

Sydney (CEO of Shelter NSW)

Marrickville

Leichhardt

Petersham

Item 6:

Gary Schmidt

Marrickville 

 

 

 

 

 

 

 

 

 


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 1

Subject:         2020/21 First Quarter Budget Review           

Prepared By:      Daryl Jackson - Chief Financial Officer  

Authorised By:  Elizabeth Richardson - Acting General Manager

 

 

 

RECOMMENDATION

 

THAT the First Quarter Budget Review for 2020/21 be adopted.

 

 

DISCUSSION

This report provides a comprehensive high-level overview of Council’s financial position as at 30 September 2020. Any forecast results are projections as at 30 June 2021. Council has updated its projected budget result to $14.4 million, this is a reduction of $3.3 million from the 2020/21 Adopted Budget.  Excluding capital revenue, a deficit of $11.3 million has been projected against the Adopted Budget Deficit of $7.4 million.

 

During the quarter, a detailed review of both the operating and capital budgets were undertaken to reconfirm the budget projections for the current financial year.

 

The change in budgeted result is predominantly due to the Environment & Sustainability tree planting project of $3.6 million, which is funded by Developer Contributions and $2 million alignment of depreciation to the updated asset report.

 

The Capital Budget will be reviewed throughout the financial year on an ongoing basis with the capital works managers.  Changes to the Capital Works will be brought to Council through future QBRS.

 

Cash Flow forecasts of major projects will be monitored ensuring the expenditure remains in line with the budget.  September 2020 year to date capital expenditure totals approximately $10.5 million.

 

Summary of Budget Movements

 

The following are key movements with a brief explanation and impact on Council’s budget:

 

-     Increased Capital Expenditure of $19.9m -

·    Deferral of projects to 2020/21 - refer to Item 1 in Attachment 1.

·    Accelerated Capital Works program in response to COVID-19 - refer to Item 2 in Attachment 1.

 

-     Forecast decrease in revenue relating to User Charges & Fees -

·    Sports & Recreation - $1.1m as a result of COVID-19

 

-     Forecast increase in revenue relating to Capital & Operational Grants & Contributions 

·    Capital Works - $846,000 Local Roads and Community Infrastructure (LRCI) funding

·    Environment & Sustainability - $521,000 tree planting and Food Organics and Garden Organics (FOGO)

 

 

 

-      Forecast decrease in Employee Costs -

·    Capturing savings from open positions $2.9m

 

-      Forecast increase in Operating Expenses –

·    Environment & Sustainability - $3.7m (tree planting accelerated due to COVID-19).

 

-      Forecast increase in Depreciation –

·    Aligning depreciation to the updated asset reports $2m

 

Further details can be found in the September 2020 QBRS Movements section of this report.

 

Report by the Responsible Accounting Officer of Council

 

Section 203(2) of the Local Government (General) Regulation 2005 requires a report by Council’s responsible accounting officer regarding the Council’s financial position at the end of each quarter.

 

The responsible accounting officer is of the opinion that the Quarterly Budget Review Statement for the Inner West Council for the quarter ended 30 September 2020 indicates that Council’s projected financial position at 30 June 2021 continues to remain under pressure.

 

FINANCIAL IMPLICATIONS

The proposed budget adjustments include $14.8m of capital projects that have been accelerated in response to COVID-19, refer to Item 2 in the Attachment 1.

 

 

 

ATTACHMENTS

1.

September 2020 QBRS Financial Statements & Movements

  


Council Meeting

24 November 2020

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 2

Subject:         Amendment to Marrickville Development Control Plan 2011 - Precinct 75 Post Exhibition Report           

Prepared By:      Aleksandar Kresovic - Strategic Planner 

Authorised By:  Elizabeth Richardson - Chief Operating Officer, Director Development and Recreation

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.       Adopts the proposed amendment to Part 9 of Marrickville Development Control Plan 2011 (MDCP 2011) as outlined in Attachment 1;

 

2.       Publicly notifies its decision on the Council’s Your Say Inner West website within 28 days; and

 

3.       Advises those who made submissions and the Department of Planning, Industry and Environment (DPIE) of Council’s decision.

 

 

 

DISCUSSION

 

In June 2020, DPIE amended the Marrickville Local Environmental Plan (MLEP) 2011 for the site known as Precinct 75 at 67 and 73-83 Mary, 50-52 Edith and 43 Robert Streets, St Peters. The key changes included the following:

 

-     Land use zoning from IN2 Light Industrial and R2 Low Density Residential to B4 Mixed Use;

-     Maximum Floor Space Ratio from part 0.95:1 and part 0.65:1 to 2.2:1; and

-     Maximum building height varying from zero to 17 metres, 20 metres, 23 metres and 29 metres across the site.

 

A Local Environmental Plan (LEP) is a legal document that regulates land use and development. It is the main determinant of planning decisions in the area it covers for what can be built, where it can be built and what activities can occur on land. A Development Control Plan (DCP) supplements an LEP with more detailed planning controls for an area and must be read in conjunction with the provisions of the relevant LEP controls.

 

Council officers prepared a DCP amendment to MDCP 2011 (Attachment 1) to help create a high-quality development with minimal adverse impacts. The DCP amendment is cognisant of the recently updated MLEP controls for the site and include provisions that provide greater detail such as building setbacks, building heights in number of storeys, landscaping, public open space, improved footpaths, green walls and roofs and public art controls.

 

The DCP amendment was publicly exhibited for 28 days from 4 September 2020 to 2 October 2020 on Council’s Your Say Inner West website in accordance with Council’s Community Engagement Framework and total of 66 submissions were received. 54 submissions opposed the DCP amendment, 7 submissions provided conditional support for the DCP amendment and 5 submissions provided mixed views of the DCP amendment.

 

The 54 submissions that opposed the DCP primarily related to the LEP rezoning amendment that the State Government has already made which does not relate to the DCP controls. The remaining issues raised by the 54 submissions were mostly concerned with Development Application matters such as building construction impacts or traffic impacts. 7 submissions support relaxation of the proposed DCP controls that Council officers consider would lead to a poorer quality development if accepted such as retaining the overhead powerlines along Mary Street rather than placing them underground as a result of any future development onsite. 5 submissions contained a mix of views such as creating trees and greenery being beneficial but that too much greenery may damage cars.

 

The engagement outcomes report can be viewed here:

https://yoursay.innerwest.nsw.gov.au/60288/widgets/305447/documents/186736

 

A summary of the key issues raised within the submissions and Council officer responses to these can be found in Attachment 2. If adopted the DCP will come into effect on the date of a public notice appearing on Council’s Your Say Inner West website or on a later date specified in the notice.

 

In conclusion, Council officers have assessed the submissions and concluded that the proposed amendment to the MDCP 2011 will address the core issues raised and its adoption is supported.

 

 

ATTACHMENTS

1.

Marrickville Development Control Plan 2011 Amendment

2.

Precinct 75 DCP Submissions Report

  


Council Meeting

24 November 2020

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Council Meeting

24 November 2020

 


 


 


 


 


 


 


 


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 3

Subject:         Draft Western Harbour Tunnel Interface Agreement           

Prepared By:      Manod Wickramasinghe - Traffic and Transport Planning Manager and Kendall Banfield - Senior Transport Planner 

Authorised By:  Cathy Edwards-Davis - Director Infrastructure

 

 

 

RECOMMENDATION

 

THAT Council authorises the Acting General Manager or General Manager to:

 

1.   Negotiate with TfNSW the terms to be included in an interface agreement relating to the temporary and permanent impacts of the Western Harbour Tunnel project on Council’s assets; and

 

2.   Finalise the interface agreement and sign all documents to give effect to the interface agreement.

 

 

 

 

DISCUSSION

As with WestConnex, Council’s position on the Western Harbour Tunnel (WHT) is one of opposition. Whilst there is no timetable for future WHT stages, the project is expected to be approved by the Minister for Planning before the end of 2020 and construction is expected to commence in the first half of 2021.

 

Transport for NSW (TfNSW) have requested Council consider draft terms that would be included in an interface agreement.  The draft terms would set out key responsibilities and procedures for Council and TfNSW in relation to the temporary and permanent impacts on Council assets, including impact management from the proposed WHT motorway project. The Council assets identified are Birchgrove Wharf (temporary), Victoria Road and Wellington Street intersection (temporary), Victoria Road construction site (temporary) and the Crescent and City West link (permanent). The draft terms for the interface agreement are to be assessed by relevant Council staff

 

Of note is the provision within the draft agreement for TfNSW to reimburse Council’s costs from staff assessing various WHT construction/design plans and undertaking other WHT-related activities.  Reimbursement of costs could be by way of funding for Council to recruit dedicated staff on a temporary part-time basis.  There would also be provision for TfNSW to reimburse legal costs incurred by Council in reviewing and finalising the interface agreement.

 

There has been no agreement of this nature for WestConnex or Metro South-West (rail), although in the case of Metro, TfNSW had funded a part-time position in Council dedicated to that project.  Council successfully negotiated an interface agreement with TfNSW for the Sydney Gateway Project.

 

By negotiating both the terms of and the interface agreement with TfNSW Council will have an input into the management of the impacts on local roads, parking, pedestrian, cycle and shared paths, urban design and landscaping of the WHT project, Council will be included in the traffic and transport liaison group for WHT project.

 

 

 

FINANCIAL IMPLICATIONS

There is no potential for financial costs to Council from consideration of the terms of the interface agreement and draft interface agreement.  Within the agreement, TfNSW has committed to funding Council’s legal staff time input into the agreement’s finalisation.  There is potential for a financial gain from the funding by TfNSW of dedicated staff within Council for this project.

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 4

Subject:         Local Traffic Committee Meeting - November 2020           

Prepared By:      Manod Wickramasinghe - Traffic and Transport Planning Manager  

Authorised By:  Cathy Edwards-Davis - Director Infrastructure

 

RECOMMENDATION

 

THAT the Minutes of the Local Traffic Committee Meeting held in November 2020 be received and the recommendations be adopted.

 

 

ITEMS BY WARD

 

Ward

Item

Baludarri

(Balmain)

Unnamed Laneway, Lilyfield (North of O'Neil Street) - Proposed 'No Stopping' and 'No Parking' restrictions

Unnamed Laneway between May Street and The Boulevarde, Lilyfield - Christmas Street Party (Road Occupancy)

Gulgadya

(Leichhardt)

Wells Street, Annandale - Christmas Street Party (Road Occupancy)

James Street, Leichhardt - Christmas Street Party

Pedestrian safety on The Crescent, Annandale

Midjuburi

(Marrickville)

Rose Street, Marrickville between Coronation Avenue and Unnamed Laneway west of Park Road - Temporary Full Road Closure for Street Party – Saturday 12 December 2020

Edinburgh Street, Murray Street and Railway Parade, Marrickville – Marrickville Metro Expansion Works – Notice of Extension to Council approved dates of a 6 week period Temporary Full Road Closure in Local Traffic Committee Meeting Minutes 2 November 2020 7 order to complete excavation works for a sewer connection to main line

Juliett Street, Marrickville - Proposal for Car Share Parking Space

Church Street, St Peters – Proposed new 'No Parking' Restrictions and a future section of Rollover Kerb Parking

Djarrawunang

(Ashfield)

Heighway Avenue, Ashfield-Temporary road closure for Christmas Street Party

Milton Lane, Ashfield – Widening of Milton Lane-DA condition under Development of 380-382 Liverpool Road, Ashfield

Damun (Stanmore)

Denison Road, Lewisham - Temporary Full Road Closure

All Wards

Nil.

 

DISCUSSION

The November 2020 meeting of the Local Traffic Committee was held remotely. The Agenda was sent to Committee members with a week to provide comments. The minutes of the meeting are shown at ATTACHMENT 1.

 

FINANCIAL IMPLICATIONS

Projects proposed for implementation are funded within existing budget allocations.

 

PUBLIC CONSULTATION

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

the Traffic Committee.

 

ATTACHMENTS

1.

Local Traffic Committee Meeting Minutes November 2020


Council Meeting

24 November 2020

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 5

Subject:         Audited Financial Reports as at 30 June 2020           

Prepared By:      Daryl Jackson - Chief Financial Officer  

Authorised By:  Elizabeth Richardson - Acting General Manager

 

 

 

RECOMMENDATION

 

THAT Council:

 

1.   Receives and notes the report; and

 

2.   Receives the final audited reports for the Inner West Council for the reporting period ending 30 June 2020 (Attachment 1).  

 

 

 

 

DISCUSSION

The purpose of this report is to inform Council that the 2020 audited financial reports for the Inner West Council have been placed on public exhibition in accordance with legislative requirement. Council is required to receive and note the financial reports after being placed on public exhibition.

At the 27 October 2020 Council meeting, the financial reports for the Inner West Council were presented for signature. The reports were subsequently placed on public exhibition once the auditor’s reports were received.

 

Section 418 of the Local Government Act 1993 provides that as soon as practicable after Council receives a copy of the auditor's reports:

a)   It must fix a date for the meeting at which it proposes to present its audited financial reports, together with the auditor's reports, to the public; and

b)   it must give public notice of the date so fixed.

 

Section 418 also provides that the date fixed for the meeting must be at least 7 days after the date on which the notice is given but not more than five weeks after the auditor's reports are given to Council.

 

An advertisement was placed on the Inner West Council’s website on 5 November 2020 advising that the audited financial reports will be tabled to Council on 24 November 2020 offering members of the public to make comment on the financial reports. The electronic copies of the financial reports were available to members of the public on Council’s website from 5 November 2020 while printed copies of the financial reports were exhibited publicly at the Ashfield and Leichhardt Service Centres from 5 November 2020.

 

FINANCIAL IMPLICATIONS

Nil

 


 

PUBLIC CONSULTATION

Members of the public have had the opportunity to comment on the financial reports of each respective branch during the public exhibition period. To date, no responses have been received.

 

ATTACHMENTS

1.

2019/20 Financial Statements

  


Council Meeting

24 November 2020

 

 


 


 


 


 


 


 




 


 


 


 




 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 




 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 




 


 


 


 


 





Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 6

Subject:         Investment Report as at 31 October 2020           

Prepared By:      Brendhan Barry - Manager Financial Services  

Authorised By:  Daryl Jackson - Chief Financial Officer

 

 

 

RECOMMENDATION

 

THAT the report be received and noted.

 

 

 

 

DISCUSSION

Council’s holding in various investment categories are listed in the table below. Council’s portfolio size is $223.5m.  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 1.85%, above the UBSWA Bank Bill Index Benchmark (0.13%).

 

The attachments to this report summarise all investments held by Council and interest returns for periods ending 31 October 2020.

 

The Current Market value is required to be accounted for. The Current Market Value is a likely outcome if Council were to consider recalling the investment prior to its due date.

 

All investments made for the month of October 2020 have been made in accordance with the Local Government Act, Local Government Regulations and the Inner West Council Investment Policy.

 

 


 

 

 

 

EXTERNAL / INTERNAL RESTRICTIONS

 

 

 

 

ATTACHMENTS

1.

IWC Oct20

2.

IWC Economic and Investment Portfolio Commentary Oct20

  


Council Meeting

24 November 2020

 

 


Council Meeting

24 November 2020

 

 


 


 


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 7

Subject:         Statistical Report on Code of Conduct Complaints           

Prepared By:      Katherine Paixao - Acting Governance Manager  

Authorised By:  Elizabeth Richardson - Acting General Manager

 

 

 

RECOMMENDATION

 

THAT Council note the Statistical Report on Code of Conduct Complaints relating to Councillors and the Chief Executive Officer for the period 1 September 2019 to 31 August 2020.

 

 

 

DISCUSSION

Part 12 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (the Procedures) require that Council’s Complaints Coordinator must report annually to the Council and to the Office of Local Government on a range of complaint statistics within three months of the end of each September. The Procedures mandate the format of this statistical report for all councils to ensure consistency. The prescribed annual reporting period is from 01 September to 31 August each year. The report has been provided to the Office of Local Government as required under the Procedures and is replicated below:

 

Number of Complaints

 

 

 

1

a

The total number of complaints received in the period about councillors and the General Manager (GM) under the code of conduct

20

 

 

 

b

The total number of complaints finalised in the period about councillors and the GM under the code of conduct

16

 

 

Overview of Complaints and Cost

 

 

 

2

a

The number of complaints finalised at the outset by alternative means by the GM or Mayor

3

 

 

 

b

The number of complaints referred to the Office of Local Government under a special complaints management arrangement

0

 

 

 

c

The number of code of conduct complaints referred to a conduct reviewer

17

 

 

 

d

The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer

10

 

 

 

e

The number of code of conduct complaints referred back to GM or Mayor for resolution after preliminary assessment by conduct reviewer

2

 

 

 

f

The number of finalised code of conduct complaints investigated by a conduct reviewer

3

 

 

 

g

The number of finalised complaints investigated where there was found to be no breach

1

 

 

 

h

The number of finalised complaints investigated where there was found to be a breach

2

 

 

 

i

The number of complaints referred by the GM or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police

0

 

 

 

j

The number of complaints being investigated that are not yet finalised

5

 

 

 

k

The total cost of dealing with code of conduct complaints within the period made about councillors and the GM including staff costs

$52034.46

 

Preliminary Assessment Statistics

 

 

 

3

The number of complaints determined by the conduct reviewer at the preliminary assessment stage by each of the following actions:

 

 

 

 

a

To take no action

0

 

 

 

b

To resolve the complaint by alternative and appropriate strategies

4

 

 

 

c

To refer the matter back to the GM or the Mayor, for resolution by alternative and appropriate strategies

2

 

 

 

d

To refer the matter to another agency or body such as the ICAC, the NSW Ombudsman, OLG or the Police

5

 

 

 

e

To investigate the matter

6

 

 

Investigation Statistics

 

 

 

4

The number of investigated complaints resulting in a determination that there was no breach, in which the following recommendations were made:

 

 

 

 

a

That the council revise its policies or procedures

0

 

 

 

b

That a person or persons undertake training or other education

0

 

 

5

The number of investigated complaints resulting in a determination that there was a breach in which the following recommendations were made:

 

 

 

 

a

That the council revise any of its policies or procedures

0

 

 

 

b

In the case of a breach by the GM, that action be taken under the GM’s contract for the breach (clause 7.36(h) of the 2018 Procedures or clause 7.37(a) of the 2020 Procedures)

0

 

 

 

c

In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 (clause 7.36(i) of the 2018 Procedures or clause 7.37(b) of the 2020 Procedures)

0

 

 

 

d

In the case of a breach by a councillor, that the councillor be formally censured for the breach under section 440G of the Local Government Act 1993 and that the matter be referred to OLG for further action (clause 7.36(j) of the 2018 Procedures or clause 7.37(c) of the 2020 Procedures)

0

 

 

6

Matter referred or resolved after commencement of an investigation under clause 8.20 of the Procedures and clause 7.20 of the new Procedures

0

 

 

Categories of misconduct

 

 

 

7

The number of investigated complaints resulting in a determination that there was a breach with respect to each of the following categories of conduct:

 

 

 

 

a

General conduct (Part 3)

1

 

 

 

b

Non-pecuniary conflict of interest (NMCC Part 5)

1

 

 

 

c

Personal benefit (FMCC Part 5 / NMCC Part 6)

0

 

 

 

d

Relationship between council officials (FMCC Part 6 / NMCC Part 7)

0

 

 

 

e

Access to information and resources (FMCC Part 7 / NMCC Part 8)

0

 

 

Outcome of determinations

 

 

 

8

The number of investigated complaints resulting in a determination that there was a breach in which the council failed to adopt the conduct reviewers recommendation

0

 

 

9

The number of investigated complaints resulting in a determination that there was a breach in which the council's decision was overturned following a review by OLG

0

 

 

 

Confidentiality

Clause 13.1 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW requires that information about Code of Conduct complaints and their management and investigation, is to be treated as confidential and is not to be publicly disclosed or discussed except as may be otherwise specifically required or permitted under the Procedures.

 

 

ATTACHMENTS

Nil.   


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 8

Subject:         Notice of Motion to Rescind: C1120(1) Item 15 Update on Permanent General Manager Recruitment - 10 November 2020           

From:             Councillors Julie Passas, John Stamolis and Marghanita Da Cruz

 

 

Motion:

 

We, the abovementioned Councillors, hereby submit a Notice of Motion to rescind Council’s resolution of C1120(1) Item 15 Update on Permanent General Manager Recruitment, and propose the alternative Motion be adopted as follows:

 

THAT Council:

 

1.   Approve a change in title of the existing position of Chief Executive Officer to General Manager;

 

2.   Approve the recruitment consultancy recommended in Confidential Attachment 1 to assist Council in recruiting a permanent General Manager;

 

3.   Appoint the Mayor, Deputy Mayor, Councillors Da Cruz and Raciti to the recruitment panel;

 

4.   Delegate to the selection panel the authority to conduct the selection process and make a recommendation on the appointment of a new General Manager for determination by Council;

 

5.   Determine the Position Description and Selection Criteria; to come back to Council for discussion; and

 

6.   Receive progress reports on the GM recruitment activity until the appointment takes place.

 

 

 

Background

 

Council considered a Notice of Motion from 10 November 2020 C1120(1) Item 15 Update on Permanent General Manager Recruitment as resolved:

 

C1120(1) Item 15       Update on Permanent General Manager Recruitment

Motion: (Byrne/Hesse)

 

THAT Council:

 

1.   Approve a change in title of the existing position of Chief Executive Officer to General Manager;

 

2.   Approve the recruitment consultancy recommended in Confidential Attachment 1 to assist Council in recruiting a permanent General Manager;

 

3.   Appoint the Mayor, Deputy Mayor, Councillors Hesse and Raciti to the recruitment panel; and

 

4.   Delegate to the selection panel the authority to conduct the selection process and make a recommendation on the appointment of a new General Manager for determination by Council.

 

Motion Carried

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

Against Motion:          Crs Passas, Stamolis and York

Absent:                        Cr Iskandar

 

At the meeting of 10 November 2020, Council raised Item 15 Update on Permanent General Manager Recruitment for discussion. For reasons unknown this item was discussed in confidential session. 

 

The original motion from the staff was:

 

Determine a selection panel to recruit the permanent a General Manager comprising the Mayor, Deputy-Mayor, one other female Councillor and potentially an independent member.


The motion which came to the meeting suggested that the Mayor (Darcy Byrne), Deputy-Mayor (Vic Macri) and Cr Colin Hesse be the 3 Councillors on the panel. That is, 3 male Councillors were proposed.  NONE of the 8 female Councillors were proposed. A number of Councillors felt very concerned about this; and remain concerned.  Nor was there consultation with the broad base of Councillors on the panel composition. How the 3 male Councillors were selected remains unclear.

 

The Council meeting managed, only very narrowly, to add one female Councillor (Vittoria Raciti) by a split vote of 7 vs 7. The second female Councillor Cr Da Cruz was excluded by a vote of 6 vs 8.  The results are as shown:

 

Amendment (Passas/Steer)

 

THAT Council appoint Councillor Da Cruz to be on the recruitment panel.

 

Motion Lost

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

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

Absent:                         Cr Iskandar

 

Amendment (Stamolis/Macri)

 

THAT Council appoint Councillor Raciti to be on the recruitment panel.

 

Motion Tied

For Motion:                  Crs Byrne, Da Cruz, Macri, Passas, Porteous, Raciti and Stamolis

Against Motion:           Crs Drury, Hesse, Kiat, Lockie, McKenna OAM, Steer and York

Absent:                         Cr Iskandar

 

Council needs to reflect gender balance on its panel. The new motion achieves this while also ensuring political balance (Labor, Green, Liberal, Independent) is achieved.

 

Council may also wish to discuss ‘Ward balance’ as there are no Councillors from Ashfield or Stanmore Ward.

ATTACHMENTS

Nil.  


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 9

Subject:         Notice of Motion: Cost of Amalgamation           

From:             Councillor Marghanita Da Cruz   

 

 

Motion:

 

THAT Council receive a report on the cost of the amalgamation.

 

 

 

 

Officer’s Comments:

 

Comment from Chief Operating Officer, Director Development and Recreation

Council does not have compiled costs or savings as a result of the amalgamation. Given the considerable period of time which has lapsed since the amalgamation, this is an extensive project in its own right which is expected to take several (up to 6) months to complete.  It should be recognised that in the early part of 2021, Council’s Finance team will heavily focused on Rates Harmonisation and FY21/22 budget development from which staff resources are unable to be diverted.

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 10

Subject:         Notice of Motion:Racism Not Welcome Campaign           

From:             Councillor Pauline Lockie  

 

 

Motion:

 

THAT Council:

1.    Notes the alarming rise in incidents of racism in our society and in many other countries;

 

2.    Endorses the “Racism Not Welcome” campaign developed by the Inner West Multicultural Network (IWMN), of which Inner West Council is a member;

 

3.    Supports the instalment of up to 40 “Racism Not Welcome” street signs in key locations around the Inner West as part of this campaign;

 

4.      Works with the IWMN to install the “Racism Not Welcome” street signs,                    noting that the Network has allocated a budget of $9,000 to fund the                          campaign; and

 

5.      Notes that the IWMN aims to promote our LGA as a model for other Councils to
       emulate for community engagement in tackling social problems such as racism.

 

Background

The Inner West Multicultural Network (IWMN) is an independent network of government and non-government service providers and organisations that works with, advocates for and supports people from multicultural communities in the Inner West LGA.

The purpose of the IWMN is to work in partnership with others to identify and address issues of community need. The IWMN works from a community development lens which aims to empower communities to achieve a just and equal society. 

The IWMN ‘Racism NOT Welcome’ campaign emerged as a response to an increase in racist attacks on people in our communities. There is research-based evidence for the rise in racism, including reports published by UTS and UNSW[1], and  Per Capita and the Asian-Australian Alliance[2].

 The aim of the campaign is to create:

1.   An Inner West where racism is not welcome. A place with strong social cohesion where racism is ‘called out’.

2.   A place where people feel a sense of belonging and are equal.   

3.   A place where decision making is shared, and diversity is valued and celebrated.

4.   Through the street sign element of the campaign: a call to action for other Councils, and to encourage the local community to have these important if difficult conversations and call out racism when they see it.

As part of the campaign, IWMN will also:

●    Create branded “Racism Not Welcome” stickers and posters that businesses and individuals can use to spread the word, and demonstrate their own commitment to calling out racism

●    Produce a video portraying real experiences of racism and racial discrimination

●    Work with the local Aboriginal community and exploring opportunities for Truth-Telling projects

●    Hold an art exhibition featuring local artists using the anti-racism theme

●    Hold an event on 21 March 2021 for the International Day for the Elimination of Racial Discrimination

●    Facilitate bystander action training and toolkits.

In relation to the “Racism Not Welcome” street signs, my initial discussions with Council officers indicate there are minimal barriers to installing such signs, as long as they don’t interfere with road or pedestrian safety.

For this reason, I have proposed that Council works with the IWMN to ensure these signs are placed in appropriate locations. The IWMN has prepared an initial list of locations (see below), which will be finalised pending approval from Council.

Inner West Council and the previous Ashfield, Leichhardt and Marrickville Councils have a long history of standing against all forms of racism, and this motion would further exemplify our commitment and leadership in this area.

Concept designs for Racism Not Welcome

 

Proposed street sign locations

 

Midjuburi - Marrickville Ward

1.   Addison Road Community Centre (Marrickville)

2.   Marrickville Rd and Illawarra Rd (Marrickville)

3.   Precinct 75 (St Peters)

4.   Marrickville Metro Shopping Centre (Marrickville)

5.   Sydenham Green (Sydenham)

Damun - Stanmore Ward

6.   Audley St and New Canterbury Rd (Petersham)

7.   Australia St and Bedford St (The Hub - Newtown)

8.   Victoria and Addison Rd (Enmore)

9.   Douglas St and Salisbury Rd (Stanmore)

10. Camperdown Memorial Rest Park (Camperdown)

11. Crystal St (outside TAFE – Petersham)

12. Albermarle and Australia St (Newtown)

Djarrawunang - Ashfield Ward

13. Liverpool Rd (outside Ashfield mall – Ashfield)

14. Lackey St and Hardie Av (Summer Hill)

15. Marrickville Rd and Seaview St (Dulwich Hill)

16. Ashfield Park (Ashfield)

Gulgadya - Leichhardt Ward

17. Norton Street (Leichhardt)

18. Ramsay St (Haberfield)

19. Booth and Johnston St (Annandale)

Baludarri - Balmain Ward

20. Darling and Beattie Street (Balmain)

21. Refugee Welcome Centre (Callan Park – Rozelle)

22. Lilyfield and Canal Rd (Lilyfield)

23. Wharf and Balmain Rd (Lilyfield)

24. Balmain East Ferry Terminal (Balmain East)

25. Dawn Fraser Baths (Balmain)

 

Officer’s Comments:

 

Staff have no comment.

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 11

Subject:         Notice of Motion: Seaview Street Dulwich Hill           

From:             Councillor Colin Hesse  

 

 

Motion:

 

THAT:

 

1.   Council seek discussions with the NSW Minister for Education and the community with a view to developing shared community and public educational facilities in Seaview Street Dulwich Hill;

 

2.   Any agreement with the NSW Department of Education and Council ensure permanent community access to the Graham Green outside school hours, and the elimination of the long term need to place demountable classrooms on the Graham Green;

 

3.   Any development takes into account the contribution of the former library to local heritage; and

 

4.   The member for Summer Hill, Jo Haylen, be invited to work with Council and the community to achieve a better school and permanent green open space for the community.

 

Background

 

Inner West Council owns three adjacent properties in Seaview Street Dulwich Hill; the Seaview Street Hall, the former Dulwich Hill Branch Library, both fronting Seaview Street, and the former Baby Heath Centre to the rear of the former Library fronting the Jack Shanahan Car Park.

 

The latter two buildings are currently leased, and not used for Council purposes.

 

The success of our local high schools in increasing enrolments is a testimony to the quality of public education, but has caused pressures on the limited open space at Dulwich High School as it properly seeks to meet the needs of an increasing population.  The land known at the Graham Green, shared with the community after hours for many decades, is now planned for use to house a number of demountable classrooms.

 

The perfectly reasonable need for more classrooms highlights both the failure of successive NSW Governments to provide appropriate infrastructure for an increasing population, and the associated serious shortage of open space in the inner west.

 

With the Council property located immediately opposite the High School there may be an opportunity to negotiate an agreement between Council and the NSW Department of Education to use the land for educational and community purposes. The existing zoning of the area could allow a more modern community space, including a community hall, and classrooms for the school. Such an agreement would require the NSW Department of Education to agree to a permanent and legally enforceable covenant that ensured the Graham Green be retained as open space in perpetuity under the same access regime that has existed over the past decades, that is that the area is for the school use only during school hours, and open to the public after school hours.

 

 

Officer’s Comments:

 

Comment from Chief Operating Officer, Director Development and Recreation:

In respect of Graham Green, staff at the Department of Education has confirmed that they are proceeding with the placement of a demountable classroom on the Green. The location of the classroom, together with community access to the Green remains under discussion with Council staff.

 

The buildings on Seaview Street are currently tenanted by the Marrickville Legal Centre and the NSW Federation of Community Languages School, and these groups would be displaced should any agreement be reached with Department of Education.

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 12

Subject:         Notice of Motion: Solar Panels for Rooftop carpark at Ashfield Town Hall and Shopping Centre           

From:             Councillor Tom Kiat   

 

 

Motion:

 

THAT Council receive a report addressing how it can install solar panel shades on the council rooftop car park at Ashfield Shopping Centre, similar to the installation at Leichhardt Marketplace, including options for partnerships with the shopping centre through a power purchase agreement. 

 

 

 

 

Officer’s Comments:

 

Comment from Urban Sustainability Manager:

Inner West Council does not own the carpark at Ashfield Shopping Centre and has no authority to install solar panels.

Inner West Council has launched a new project resulting from this year’s solar EOI – Go solar for business with delivery partners Energy Action. Energy specialists, Energy Action were advisors and project managers for the large carpark solar shade structure at Leichhardt Marketplace. Energy Action will be providing solar business cases and advice on financing, including Power Purchase Agreements (PPA’s) to Inner West commercial and industrial businesses (targeting larger roofs). Energy Action can also manage the procurement process (for a fee to the business), including via a reverse auction with pre-vetted suppliers. The Ashfield Shopping Centre would be eligible to apply for this Council program.

Council’s Pathway to a Carbon Neutral Council report identified an opportunity to install solar on the Ashfield Administration Centre roof to supply energy to the administration building. Further assessment of project is pending the outcome of the Long-Term Accommodation Strategy.

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 13

Subject:         Notice of Motion: Globe Wilkins Preschool Tender           

From:             Councillors Tom Kiat and Anna York   

 

Motion:

 

THAT Council: 

 

1.   Reiterate its commitment to continuing to operate Globe Wilkins Preschool;

 

2.   Note that the existing licence to operate the Preschool will end in 2021, which will require Council to win a competitive tender process and fund a fit out of the rebuilt Preschool;

 

3.   Receive a report detailing how Council will allocate its resources to ensure it can submit a high-quality tender and have funds available to ensure a high-quality fit out of the rebuilt Preschool;

 

4.   Recognise the ongoing community campaign to ensure that the Preschool continue to be operated by Council, maintaining the excellent standard of education and care. 

 

 

 

 

Officer’s Comments:

 

Comment from Acting Director City Living:

The Department of Education - School Infrastructure has advised that a builder has been appointed for the construction of the tender and work will commence once DA approval has been granted (likely December 2021).  It was indicated the Globe Wilkins Preschool Tender is expected to open in approximately February / March 2021.

 

Officers are currently reviewing the available plans to identify the amount of funds that will be required for the fit-out.  Until the Tender documents are received, this will be an approximate only. 

 

Officers continue to attend monthly meetings with the Save Globe Wilkins Group. 

 

 

ATTACHMENTS

Nil.


Council Meeting

24 November 2020

 

 

Item No:         C1120(2) Item 14

Subject:         Notice of Motion:WestConnex Blasting           

From:             The Mayor, Councillor Darcy Byrne   

 

 

Motion:

 

THAT Council:

 

1.         Notes the announcement (See background) that WestConnex contractors    are             proposing to use explosive blasting beneath homes between Norton and             MacKenzie streets in Leichhardt ;

2.         Opposes the use of explosive blasting by WestConnex contractors to carve             out tunnels for the motorway’s underground M4-M5 Link, and;

3.         Writes to the Minister for Transport expressing its opposition to the use of             explosives for tunnel exploration while building WestConnex, explaining the             process threatens to cause serious damage to properties located above and             close to the blasting sites, and that the Minister reject all proposals to use             explosive blasting in Rozelle, Lilyfield, Annandale and Leichhardt.

 

 

Background

WestConnex contractors propose blasting beneath homes in Leichhardt

By Megan Gorrey

November 11, 2020 — 12.25pm

The contractors digging tunnels for the WestConnex motorway are pursuing plans to blast through rocky ground under more homes in Sydney's inner-west, months after abandoning the method on an earlier section of the route.

Residents were alarmed when they were told construction crews would test blasting in Annandale in July after hitting hard sandstone carving tunnels for the $16.8 billion toll-road's M4-M5 Link from Haberfield to St Peters.

The project's joint-venture contractor, Acciona Samsung Bouygues, later decided the method was not viable in that location following a one-day trial of three "small-scale controlled blasts" beneath homes on Reserve Street.

Acciona Samsung Bouygues has since applied for planning permission to allow blasting to break rock for excavation on a section of the motorway route between Norton and MacKenzie streets in Leichhardt.

Residents' shock over the prospect of blasting under their houses has underscored concerns about tunneling noise and vibrations experienced along earlier sections of the WestConnex route, as the NSW government pushes ahead with its ambitious agenda to build a toll-road network beneath thousands of homes across Sydney.

A WestConnex spokeswoman said the contractor had made the application to the Department of Planning, Industry and Environment to "maintain the option" to use blasting in the event it hit hard rock along the route in Leichhardt in 2021.

It was too early to determine if the method would be required.

"If the contractor determines blasting is recommended in this location, the community will be closely consulted well ahead of time," the spokeswoman said.

The move prompted Balmain Greens MP Jamie Parker to urge the state government and contractors to abandon any further intentions to blast the tunnels, which run under hundreds of homes in densely-populated suburbs.

"They can complete these tunnels with conventional roadheaders and residents along the tunnel route don’t need the threat of blasting held over them for the next three years," Mr Parker said.

The small section of the motorway subject to the most recent proposal runs about 40 to 50 metres beneath homes, as well as the Sydney Secondary College Leichhardt Campus and Pioneers Memorial Park.

The environmental impact statement for the M4-M5 Link, published in August 2017, indicated a combination of roadheader excavation and drill and blast methods would be used to dig the tunnels for the M4-M5 Link.

The tunnel blasting method involves pre-drilling a series of holes in the underground rock face, loading those holes with explosives and detonating them to blow apart the rock into more manageable pieces to remove.

Mr Parker said blasting was a concern in Leichhardt as the area's heritage homes would be "particularly vulnerable to cracking and damage from the strong vibrations generated by explosives".

"Blasting underneath homes is inherently risky and threatens serious and unnecessary damage over and above the damage that is already being caused by conventional tunnelling," he said.

However, the WestConnex spokeswoman said blasting was a common tunnel excavation method that had been used "safely and effectively" in other tunnelling projects in Sydney, including the Metro rail line.

"When it is used in areas of hard rock it can significantly reduce the duration of noise and vibration impacts for local communities, compared to using rock-breakers and roadheaders."

Any blasting would be subject to strict conditions and monitored to ensure all vibration levels were within the limits set by the Planning Department and the NSW Environment Protection Authority, the spokeswoman said.

She would not say whether blasting was being considered for other sites in Leichhardt, Annandale, Lilyfield and Rozelle but said it "remains a potential methodology for areas of the tunnel with hard rock".

ATTACHMENTS

Nil.  


Council Meeting

24 November 2020

 

Item No:         C1120(2) Item 15

Subject:         Arlington Reserve - Renewal Works           

Prepared By:      Cathy Edwards-Davis - Director Infrastructure  

Authorised By:  Elizabeth Richardson - Acting General Manager

 

 

 

RECOMMENDATION

 

THAT the report be received and noted.

 

 

 

DISCUSSION

In October 2019, the original synthetic turf contractor for Arlington Reserve and Council agreed that the synthetic surface was failing to the point where it is not worth repairing.  There was a failure of the turf seams and the turf was shedding large quantities of fibers.  There were significant safety concerns for the people utilising the grounds.

 

Prior to this time, the defects were fixed regularly, until it was determined that the entire surface needed to be replaced.  The contractor had previously undertaken repair works (at their expense), including replacement of turf in the goal boxes, seam repairs and additional sand and rubber infill.

 

The works were renewal (replacing like for like) and as such community engagement was limited to construction notification only.  The works were undertaken in summer to minimise impacts to the sporting clubs and were completed in April 2020.

 

The synthetic turf is composed of two key components, the synthetic grass surface and the shockpad.  The surface has an expected useful life of eight years.  The shockpad has an expected useful life of 20 to 25 years.

 

The new synthetic grass surface was installed at Arlington Reserve in 2020 and it is anticipated that it will need to be renewed again around 2028.

 

Council has over $1.9 billion of assets which require renewal and maintenance at different times.  The same asset type can have a variable useful life depending on a number of factors, including: expected usage of the asset, expected physical wear and tear, technical or commercial obsolescence, and legal or similar limits on use of the asset.  For example, street signage has a different expected useful life dependent on the environment that it sits in.  Signs that face north will fade more quickly due to sun exposure and will need to be replaced more frequently than south facing signs.  These variable useful lives are outlined in Council’s Asset Strategy and Asset management Plans.

 

The cost to renew $1.9 billion of assets is substantial.  Council’s current depreciation costs are $23.4 million per year.

 

The renewal of the new synthetic turf was supervised by qualified Council project managers.  At the completion of works, the following handover documents were received:

 

·    Surfacing specification for the new synthetic turf that has been installed

·    Maintenance guidelines for the synthetic turf

·    As-built drawing of the completed pitch

·    Lab test report for the surfacing system installed

·    Pitch Maintenance Guidelines

·    FIFA Quality Certificate

 

The above will help ensure that Council receives the maximum life expectancy and performance from the pitch surface.

 

The response to some of the questions is contained within the confidential attachment.

 

FINANCIAL IMPLICATIONS

The financial implications are outlined in the confidential attachment.

 

 

 

ATTACHMENTS

1.

Arlington Reserve - Renewal Works - Confidential

 



[1] Farbenblum, B. and Berg, L. As If We Weren’t Humans: The Abandonment of Temporary Migrants in Australia During COVID-19, Sep 2020. mwji.org/s/As-if-we-werent-humans-Report.pdf 

[2] Asian-Australian Alliance and Chiu, O. COVID-19 Coronavirus Racism Incident Report, Apr 2020. asianaustralianalliance.net/covid-19-coronavirus-racism-incident-report/