Council Meeting 24 November 2020

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 24 November 2020

Meeting commenced at 6.31pm

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 Caroline McLeod	Director Infrastructure Acting Director City Living
Katherine Paixao	Acting Governance Manager
Carmelina Giannini	Governance Support Officer

APOLOGIES:       Nil

DISCLOSURES OF INTERESTS: Nil

CONFIRMATION OF MINUTES

Motion: (Da Cruz/Hesse)

That the Minutes of the Council Meeting held on Tuesday, 10 November 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(2) Item 16         Mayoral Minute: New Year's Eve Celebration

Motion: (Byrne)

THAT:

1. Council notes the NSW Government’s plans for New Year’s Eve will incentivise people to visit the Inner West vantage points to view the fireworks, given the restrictions to entry in the CBD and North Sydney;

2. Council writes urgently to the Premier, the Minister for Police and Emergency Services, the Minister for Health and the Chief Health Officer regarding the NSW Government’s plans for New Year’s Eve in our Local Government Area. This should include:

a) Noting the primary responsibility of the NSW Government and the NSW Police for public safety and adherence to public health orders;

b) Seeking written clarification about how the NSW Government intends to ensure public safety in the Inner West Local Government Area;

c) Offering cooperation and collaboration in the development of COVID-safe plans for crowd management;

d) Seeking information about whether barriers or ticketing will be required to ensure compliance with public health orders, noting that in a number of parks in Balmain and Birchgrove the number of visitors is often in the thousands;

e) Requesting that, at a minimum, all foreshore parks in Balmain and Birchgrove, not only Illoura Reserve and Mort Bay Park, be included in the “yellow zone”, allowing NSW Police the move-on powers needed to ensure safety at all those locations;

f) Requesting that the NSW Government to fund any extension of crowd control measures being implemented within “yellow zones” that is identified as necessary to public safety; and

g) Seeking written confirmation from the Chief Health Officer that the plans developed have been reviewed and endorsed by NSW Health.

3. Council Delegates to the Interim General Manager to immediately convene a meeting with appropriate officers of the NSW Police’s Leichhardt Local Area Command and NSW Health to convey Council’s concerns and to begin planning to ensure public safety in our community on New Year’s Eve; and

4. Plans for Management of crowds on New Year's Eve on the Peninsula ensure that payment is not required from residents and visitors for access to our foreshores; and

5. A report be tabled at the December 2020 Council meeting on the Government’s response.

Motion Carried

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

Against Motion:           Cr Passas

C1120(2) Item 17         Mayoral Minute: White Bay Power Station

Motion: (Byrne)

THAT Council writes to the Premier and Treasurer expressing its opposition to White Bay Power Station being demolished. The letter should also ask that the master planning of the Bays Precinct be brought forward so that it runs concurrently with the building of the Sydney West Metro station at White Bay.

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 Raciti left the Meeting at 8:02 pm.

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

Motion: (Drury/Steer)

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

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Raciti

Councillor Raciti returned to the Meeting at 8:04 pm.

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

Motion: (Macri/Drury)

THAT Council:

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

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.

Motion Carried

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

Against Motion:          Cr Porteous

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

Motion: (Porteous/Hesse)

THAT the draft interface agreement be consulted with the community for 28 days, and returned to Council for discussion and amendment prior to signing of documents.

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 8:25 pm.

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

Motion: (Macri/Passas)

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

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

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

Motion: (McKenna OAM/Drury)

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. 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

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

Motion: (Stamolis/Byrne)

THAT the report be received and noted.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

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

Motion: (Stamolis/Passas)

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.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

Councillor Da Cruz left the Meeting at 8:43 pm.

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

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

Motion: (Passas/Stamolis)

THAT Council rescind C1120(1) Item 15 Update on Permanent General Manager Recruitment.

Motion Lost

For Motion:                 Crs Macri, Passas, Raciti and Stamolis

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

Absent:                        Cr Da Cruz

ADJOURNMENT

9.03pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

9.09pm– The Mayor, Clr Byrne resumed the meeting.

Councillor Da Cruz returned to the Meeting at 9:09 pm.

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

Councillor Da Cruz withdrew this motion.

The Mayor issued a warning to Clr Passas for her repeated interjections.

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

Motion: (Lockie/Byrne)

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.

Motion Carried

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

Against Motion:          Cr Passas

Amendment (Stamolis/Passas)

THAT points 3 and 4 in the primary motion be replaced with the following wording ‘Council use its website, social media and other notices to promote “Racism Not Welcome” campaign.’

Motion Lost

For Motion:                 Crs Da Cruz, Passas and Stamolis

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

Councillor Passas left the Meeting at 9:50 pm.

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

Motion: (Drury/Hesse)

THAT this matter be deferred pending Council receiving legal advice in relation to compliance with the development consent for the construction of a playing field at the rear of Dulwich High School (No. 443/92) which stated in part, “The Development Application be determined by the granting of consent subject to the following conditions:…6. A formal agreement in respect of the consolidation of lots 2, 3 and 4 shall be entered into between the Department of Education and Council within six (6) months of the date of consent, in relation to the community use, maintenance and public liability of the playing fields. 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas

Councillor Passas returned to the Meeting at 9:53 pm.

The Mayor, Clr Byrne left the meeting and vacated the chair at 9:59pm and the Deputy Mayor, Clr Macri assumed the chair.

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

Motion: (Kiat/Passas)

THAT Council receive a report on:

1. Addressing how it can support the installation of 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; and

2. The feasibility of installing solar panels on the Ashfield Administration Centre roof.

Motion Tied

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

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

Absent:                        Cr Byrne

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

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

Motion: (York/Kiat)

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. Following the Councillor briefing scheduled for 1 December, Council to 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; and

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

Motion Carried

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

Against Motion:          Cr Passas

Absent:                        Cr Byrne

Amendment (Macri/Passas)

THAT Council defer this matter pending the Councillor briefing on 1 December 2020 and a report come back to the December 2020 Council meeting.

Motion Lost

For Motion:                 Crs Macri, Passas and Raciti

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

Absent:                        Cr Byrne

Councillor Byrne returned to the Meeting at 10:33 pm. The Deputy Mayor, Clr Macri vacated the chair and the Mayor, Clr Byrne assumed the chair.

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

Motion: (Byrne/Stamolis)

THAT Council:

1. Notes the announcement 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;

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; and

4. Receive information on any results of testing is made public and Council and        properties within 100m of blast be offered monitoring equipment.

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

Confidential Session

Motion: (Passas/Da Cruz)

THAT Council enter into Confidential session.

Motion Lost

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

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

Reports with Confidential Information

C1120(2) Item 15         Arlington Reserve - Renewal Works

Motion: (Byrne/Lockie)

THAT Council:

1. Receive and note the report; and

2. Council receive the report on the feasibility/business case for synthetic turf vs grass.

Motion Carried

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

Against Motion:          Cr Passas

Meeting closed at 10.44pm.

Public Speakers:

Item #	Speaker	Suburb
Item 2:	Janet Dandy-Ward	St Peters
Item 10:	Dr. Juliana Jamaluddin Craig Foster Gladys Namokoyi	Marrickville Randwick Marrickville
Item 11:	Tim Douglas Maria Chilcott	Dulwich Hill Dulwich Hill
Item 13:	Tessa Keenan Carolina Trajtemberg Hannah Dale Michael Smith Melanee Mak	Dulwich Hill Marrickville Marrickville Marrickville Marrickville

The Minutes of the Ordinary Meeting of Council held on the 24^th day of November, 2020 were confirmed as a correct record on this 8^th day of December, 2020.

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

CHAIRPERSON