Council Meeting

 

13 April 2021

 

 

Minutes of Ordinary Council Meeting held on 13 April 2021 at                                 Ashfield Service Centre

 

Meeting commenced at 6.34pm

 

 

 

 

Present:

Darcy Byrne

Victor Macri

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Julie Passas

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Elizabeth Richardson Cathy Edwards-Davis

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (Attended remotely)

Councillor

Councillor

Councillor

Councillor

Acting General Manager

Director Infrastructure

Caroline McLeod

Acting Director City Living

Katherine Paixao

Acting Manager Governance

Carmelina Giannini

Acting Governance Coordinator

Helen Bradley

Simon Duck

Resource Recovery Planning Manager

Senior Manager Sport and Recreation

 

 

APOLOGIES:       

 

Motion: (Hesse/Kiat)

 

THAT apologies from Councillor Lockie be accepted.

 

Motion Carried

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

Against Motion:          Nil

 

Motion: (Hesse/McKenna OAM)

 

THAT Council permit Councillor Porteous to attend Council meetings remotely as she is unable to attend in person due to health reasons. This applies to all future Council meetings until 31 December 2021 in which Councillor Porteous is not able to attend for this reason.

 

Motion Carried

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

Against Motion:          Nil

 

 

DISCLOSURES OF INTERESTS:

 

Councillor Porteous declared a non-significant, non-pecuniary interest in Item 16 Local Traffic Committee Meeting - March 2021 as she is a resident in Balmain East and her household holds a parking permit which relates to LTC0321 Item 9 Balmain East Precinct Parking Study (Baludarri-Balmain Ward/Balmain Electorate/Leichhardt PAC) and declared a significant, pecuniary interest in Item 17 Request for Reimbursement of Legal Expenses as the matter is related to reimbursement of her legal fees and she will leave the meeting during discussion and voting for both items.

 

Motion: (Byrne/Drury)

 

THAT Council note the disclosure of interest.

 

Motion Carried

 

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

Against Motion:          Nil

 

CONFIRMATION OF MINUTES

 

Motion: (Hesse/Stamolis)

 

THAT the Minutes of the Council Meeting held on Tuesday, 9 March 2021 and Extraordinary Council Meeting held on Tuesday, 30 March 2021 be confirmed as a correct record.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, 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.

 

 

Procedural Motion: (Drury/Kiat)

 

THAT Council bring forward 1 registered speaker for Item 24 Notice of Motion: Pedestrian and Cyclist Access to Ashfield Pool (Anna Harvey) and all registered speakers for Item 44 Mayoral Minute: Inner West Economic Recovery Taskforce to speak at this time.

 

 

Motion Carried

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

Against Motion:          Nil

 

 

 

Councillor Passas left the Meeting at 7:45 pm.

Councillor Passas returned to the Meeting at 8:03 pm.

 

 

Urgency Motion: Condolence Motion: Nuala Catherine Reavey Ward

 

Motion: (Da Cruz/McKenna OAM)

 

THAT Council write to Malachy Ward and family offering our condolences on the passing of their daughter, wife and mother Nuala.

 

Motion Carried

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

Against Motion:          Nil

 

 

Condolence Motion to the Family of Tommy Raudonikis

 

Motion: (Drury/Passas)

 

THAT Council writes a letter of condolence to the family of Tommy Raudonikis, expressing our sadness at his passing and thanking them for his incredible contribution to rugby league and the Inner West community.

 

Motion Carried

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

Against Motion:          Nil

 

 

Urgency Motion: Condolence Motion: Alderman Don Elvy

 

Motion: (Steer/York)

 

THAT Council write to Keith Elvy, the son of the late Alderman Don Elvy, offering condolences to the family.

 

Motion Carried

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

Against Motion:          Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C0421(1) Item 44         Mayoral Minute: Inner West Economic Recovery Taskforce

Motion: (Byrne/Hesse)

 

THAT Council defer this item to the next Ordinary Council meeting as a Notice of Motion.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Kiat left the Meeting at 8:23 pm.

At 8:24pm, the Mayor, Councillor Byrne issued a warning to Councillor Passas for repeated interjections during debate.

 

Motion of Dissent: (Stamolis/Da Cruz)

THAT dissent be moved in the Chairperson’s ruling.

 

Motion Carried

For Motion:                 Crs Byrne, Drury, Hesse, Iskandar, McKenna OAM, Porteous, Steer and York

Against Motion:          Crs Da Cruz, Macri, Passas, Raciti and Stamolis

Absent:                        Cr Kiat

The Mayor’s ruling was upheld.

 

Councillor Kiat returned to the Meeting at 8:31 pm.

 

At 8:54pm, the Mayor, Councillor Byrne issued a second warning to Councillor Passas for repeated interjections during debate.

 

C0421(1) Item 45         Mayoral Minute: More Facilities and Amenities at Rozelle      Parklands

Motion: (Byrne)

 

THAT:

 

1.    Council notes the excellent and detailed submissions from local sports clubs regarding Rozelle Parklands;

 

2.    Council ask the Government to consider the calls from local clubs for additional sporting facilities and public amenities within Rozelle Parklands and calls on the NSW Government to amend the Rozelle Parkland’s Urban Design and Landscape Plan (UDLP) to incorporate:

 

·    Additional multipurpose sporting fields, which include synthetic surfaces

·    Accessible toilet and changerooms for males and females

·    Canteen facilities

·    Separate medical and referee/officials’ rooms

·    Administration rooms

·    Seating for spectators, parents and volunteers

·    Lighting to Australian Standards to allow for night-time sporting usage

·    An eight-lane athletics track incorporated into a sporting field

·    Long-jump pits and shot put, discus, hammer, and javelin areas

·    Hockey pitches

·    On-site car parking and drop-off zones

·    Access to public transport

 

3.    Council calls on the NSW Government to ensure that passive recreation and active transport are fully integrated with sporting facilities across of the 10-hectare site to allow maximum usage of Rozelle Parklands by the whole community;

 

4.    Council Informs the Rozelle Parklands Working Group as well as relevant Ministers, of its position that the UDLP should be expanded to incorporate the additional sporting facilities requested by local sporting clubs, and requests it tables this motion for consideration at next working group meeting;

 

5.    Council convenes a meeting of all local sporting clubs who have made submission to discuss how we can advocate for their proposals;

 

6.    Council receive a report on the outcomes of the broader community engagement undertaken by TfNSW;

 

7.    The needs of the local community surrounding the parklands be prioritised in determining the final parklands plan; and

 

8.    All the submissions received be considered by the State Government.

 

 

Motion Carried

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

Against Motion:          Crs Macri, Passas, Raciti and Stamolis

 

 

Foreshadowed Motion (Macri/Stamolis)

 

 

THAT:

 

1.    Council receive a report from Council officers at the next meeting detailing community consultation and stakeholders;

 

2.    Council defer this item to the next Ordinary Council meeting; and

 

3.    All the submissions received be considered by the State Government.

 

This Foreshadowed Motion lapsed.

 

Councillor Macri left the Meeting at 9:03 pm.

Councillor Passas left the Meeting at 9:03 pm.

 

 

 

C0421(1) Item 46         Mayoral Minute: Parliamentary Report into Stronger     Communities Tied Grants Round

Motion: (Byrne/Drury)

THAT Council defer this matter to the next Ordinary Council meeting.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Macri and Passas

 

Councillor Macri returned to the Meeting at 9:04 pm.

 

Suspension of Standing Orders


Motion: (Drury/Kiat)

 

THAT Council:

 

1.    Suspend Standing Orders to deal with items 1, 5, 7, 8, 9, 10, 11, 12, 13, 14 and 16 at this time; and

 

2.    Enter confidential session at 10.30pm.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas

 

Councillor Passas returned to the Meeting at 9:13 pm.

 

Councillor Iskandar left the Meeting at 9:13 pm.

 

Councillor York left the Meeting at 9:16 pm.

 

Councillor York returned to the Meeting at 9:18 pm.

 

The Mayor, Councillor Byrne left the meeting and vacated the chair at 9:19 pm and the Deputy Mayor, Councillor Macri assumed the Chair.

 

Councillor Iskandar returned to the Meeting at 9:20 pm.

 

 

 

 

 

 

 

 

 

 

C0421(1) Item 1            Inner West Zero Waste Strategy

Motion: (McKenna OAM/York)

 

THAT:

 

1.    Council support the Zero Waste Strategy being placed on public exhibition for community feedback; and

 

2.    Prior to being placed on public exhibition, the Strategy be amended to include further detail on key actions Council is currently taking or planning to take to address the priorities and targets addressed in the strategy E.g. Strategy should detail that Council is currently rolling out food collection to all IWC apartments, proposed changes to recycling collection, proposed changes to hard rubbish collection, etc. 

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Byrne

The Mayor, Councillor Byrne returned to the Meeting at 9:40pm. The Deputy Mayor, Councillor Macri vacated the Chair and the Mayor, Councillor Byrne assumed the Chair.

 

C0421(1) Item 5            Consolidation of Sporting Ground Fees and Charges

Motion: (Drury/Passas)

 

 

THAT Council:

 

1.    Endorse the consolidation of fees and charges for Sporting Ground hire as proposed in this report which are based on transparency, equity and fairness in sporting ground fees and charges;

 

2.    Consider formal adoption of the Sporting Ground fees and charges model highlighted in this report as part of the 2021/22 budget considerations; and

 

3.    Note the key stakeholder engagement which has been undertaken with peak sporting associations and local sporting clubs along with the formal support which has been received.

 

Motion Carried

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

Against Motion:          Nil

 

Amendment (Porteous/Stamolis)

 

THAT Council remove the additional loading above the proposed cap.

 

Motion Lost

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

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

Councillor Passas left the Meeting at 9:44 pm.

Councillor Passas returned to the Meeting at 9:45 pm.

 

C0421(1) Item 7            Maintenance Approval - Parramatta Road Urban Amenity     Improvement Program Public Artwork

Motion: (Macri/Steer)

 

THAT Council:

 

1.   Approve an annual budget variation of $11,000 commencing financial year 2022/23 for the ongoing annual maintenance of the Chiaroscuro – a significant gateway artwork selected for installation above Norton Street, Leichhardt; and

 

2.   Officers commence work on a Public Art Policy and Plan for maintaining State funded public art projects, legacy projects and potential decommissions when work becomes outdated or damaged.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Porteous left the Meeting at 9:45 pm.

Councillor Porteous returned to the Meeting at 9:52 pm.

 

C0421(1) Item 8            Council page in new local newspaper

Motion: (Kiat/Byrne)

 

THAT:

 

1.    Council endorse the inclusion of a weekly Inner West Council news page in the new local newspaper - Inner West Review;

2.    The content of the news page be the responsibility of the General Manager (as duly delegated), not the Mayor’s office; and
 

3.    The content of the news page be focused on information relevant to the community and highlighting Council and community achievements, rather than conveying a regular message from the Mayor or photos of the Mayor and Councillors.

Motion Carried

For Motion:                 Crs Byrne, Drury, Iskandar, Kiat, McKenna OAM, Porteous, Steer and York

Against Motion:          Crs Da Cruz, Hesse, Macri, Passas, Raciti and Stamolis

 

 

Foreshadowed Motion (Passas/Stamolis)

THAT:

1.    This matter be deferred for a Councillor briefing and a report to come back to Council informing of the proposal and also with alternative options for this advertising;

 

2.    There be a Councillor workshop on how Council communicates with residents that examines the best way to engage with the Inner West community; and

 

3.    In the event that newspaper advertising be considered, that an expression of interest process be undertaken to seek publishers.

This Foreshadowed Motion Lapsed.

Foreshadowed Motion (Macri)

THAT Council should not engage until at least 6 months of circulation is confirmed across the whole Local Government Area.

This Foreshadowed Motion Lapsed.

Councillor Steer left the Meeting at 10:16 pm.

Councillor Steer returned to the Meeting at 10:20 pm.

C0421(1) Item 9            Dawn Fraser Baths Winter Access

Motion: (Byrne/Stamolis)

 

THAT Council:

 

1.    Proceed with the winter program prepared by Council officers including:

 

·         Health and Wellbeing: Yoga, Pilates, and Mindfulness programs

·         Children’s access and activities

·         Open Days and events

·         Public access for swimming including winter swimming

 

2.    Extends the winter access period at Dawn Fraser Baths to the 30 September 2021 with the following opening times:

 

·         Monday          8am-11am

·         Wednesday    8am-11am

·         Friday             10am – 1pm

·         Saturday        10am – 1pm

·         Sunday           10am – 1pm

 

3.    Receive a further report in June 2021 on the recommencement of the “key and buddy system” for winter swimmers.

 

Motion Carried

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

Against Motion:          Cr Passas

C0421(1) Item 10         Aquatic Services Fees & Charges

 

Motion: (Drury/Passas)

 

THAT:

 

1.    Council notes that:

 

a)    Customer engagement and industry benchmarking process has been undertaken and that fees structures for Inner West Aquatics Facilities are recognised as good value for industry leading facilities and services;

 

b)    The Aquatics Facilities provide a range of ‘free entry’ and ‘come and try/open’ days at each facility to encourage participation across the wider LGA at each facility;

 

c)    Financial support provided for the operation Annette Kellerman Aquatic Centre during the COVID-19 pandemic; and

 

d)    The current ‘lifestyle membership’ is available at both AAC and LPAC.

 

2.    Council develop a program to provide Learn to Swim and access to Health and Fitness services in the form of blocks of swimming lessons and entry passes for fitness programs for low income families and individuals;

 

3.    Commencing in FY 22/23, that Learn to Swim fees and charges be gradually harmonised over several years but provide for concession prices for Learn to Swim exist at all Inner West Council Aquatics facilities in FY21/22;

 

4.    Commencing in FY 22/23, all fee categories are gradually harmonised to ensure parity across all programs and services; and

 

5.    Council endorse the single ‘Lifestyle Membership’ fee across all aquatic facilities commending financial year 22/23.

 

At 10:28pm, the Mayor, Councillor Byrne issued a third warning to Councillor Passas for repeated interjections during debate.

Expulsion from meeting

 

Motion: (Drury/Hesse)

 

THAT Councillor Passas be expelled from the meeting.

 

Motion Carried

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

Against Motion:          Crs Da Cruz, Macri, Passas, Raciti and Stamolis

 

 

ADJOURNMENT

 

10.30pm - The Mayor, Clr Byrne adjourned the meeting as Clr Passas did not leave the meeting.

10.44pm– The Mayor, Clr Byrne resumed the meeting.

As Councillor Passas did not leave the Council chamber, Council earlier resolved to enter Confidential session at 10.30pm, the confidential session was moved into the committee room at 10.47pm.

 

At 10:48pm, all Councillors including Councillor Passas entered the committee room and at 10.49pm the Mayor, Councillor Byrne adjourned the meeting to Tuesday, 20 April 2021 at 6.30pm at Ashfield Chambers.

 

**After the Meeting, legal advice was provided that the expulsion of Clr Passas from the Council Meeting didn’t follow the entire process as outlined in the Code of Meeting Practice and therefore was not valid. Given this, Clr Passas is allowed to attend the adjourned Ordinary Council Meeting on 20 April 2021**

 

The meeting was resumed on 20 April 2021 at 6.35pm and was livestreamed on Council’s website.

 

Present:

Darcy Byrne

Victor Macri

Marghanita Da Cruz Mark Drury

Lucille McKenna OAM

Colin Hesse

Sam Iskandar

Tom Kiat

Julie Passas

Rochelle Porteous

Vittoria Raciti

John Stamolis

Louise Steer

Anna York
Elizabeth Richardson Cathy Edwards-Davis

Mayor

Deputy Mayor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (6:38pm)

Councillor

Councillor (Attended remotely)

Councillor

Councillor

Councillor

Councillor

Acting General Manager

Director Infrastructure

Caroline McLeod

Acting Director City Living

Katherine Paixao

Acting Manager Governance

Carmelina Giannini

Acting Governance Coordinator

Simon Duck

Senior Manager Sport and Recreation

 

 

The Mayor requested Councillor Passas to apologise for her repeated interjections at the meeting on 13 April 2021. Councillor Passas refused to apologise.

 

Councillor Kiat entered the meeting at 6.38pm

 

Motion of Dissent (Stamolis/Passas)

 

THAT dissent be moved in the Chairperson’s ruling.

 

Motion Lost

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

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

 

 

Councillor Kiat left the Meeting at 7:14 pm.

Councillor Kiat returned to the Meeting at 7:17 pm.

 

C0421(1) Item 10         Aquatic Services Fees & Charges

Motion: (Drury/Passas)

 

THAT:

1.    Council notes that:

 

a)    Customer engagement and industry benchmarking process has been undertaken and that fees structures for Inner West Aquatics Facilities are recognised as good value for industry leading facilities and services;

 

b)    The Aquatics Facilities provide a range of ‘free entry’ and ‘come and try/open’ days at each facility to encourage participation across the wider LGA at each facility;

 

c)    Financial support provided for the operation Annette Kellerman Aquatic Centre during the COVID-19 pandemic; and

 

d)    The current ‘lifestyle membership’ is available at both Ashfield Aquatic Centre and Leichhardt Park Aquatic Centre.

 

2.    Council develop a program to provide Learn to Swim and access to Health and Fitness services in the form of blocks of swimming lessons and entry passes for fitness programs for low income families and individuals;

 

3.    Commencing in FY 22/23, that Learn to Swim fees and charges be gradually harmonised over several years but provide for concession prices for Learn to Swim exist at all IWC Aquatics facilities in FY21/22;

 

4.    Commencing in FY 22/23, all fee categories are gradually harmonised to ensure parity across all programs and services; and

 

5.    Council endorse the single ‘Lifestyle Membership’ fee across all aquatic facilities commending financial year 22/23;

 

6.    A report come to the next Council meeting on the fees water polo pay;

 

7.    In relation to the proposed fee review and harmonisation process planned for 2022/23: 

a)    Council to prioritise ensuring facilities are accessible to all, including those surviving at the poverty level on JobSeeker. Council to consult with community groups fighting poverty in the Inner West (e.g. Addison Road Community Centre, Newtown Neighbourhood Centre, Exodus Foundation), on options such as concessionary rates; regular ‘free entry’ days; free LTS; and free or concessionary gym/pool programming;


 

8.    Council to consider making Learn to Swim free or concessionary for all adults who cannot swim. Council to consult Multicultural Advisory Committee and local refugee and migrant support services;

9.    Council consult with the LQBTIQ working group on the possibility of a ‘trans and gender diverse swim night’ event, as implemented by Darebin Council in 2018 following a recommendation from its own Sexuality, Sex and Gender Diversity Advisory Committee, as reported in the Star Observer;

10.  Council to receive further advice regarding the ‘financial support’ provided to Belgravia for the operation of AKAC and FDAC during the pandemic, including advice regarding options to recover unpaid service fees and other subsidies;

 

11.  In relation to 2021/22:

a)    That council receive advice on the Extend the $1 pensioner rate from LPAC to all facilities, and ensure that this rate is accessible to the unemployed surviving on JobSeeker; and

 

b)    Resume free Learn to Swim program for refugees in collaboration with Asylum Seeker Centre etc, and expand to all facilities. 

12.  A report be brought back on the costs for extending the hours of the indoor pools/spa/sauna/steam/gym to 10pm every night.

 

Motion Carried

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

Against Motion:          Nil

 

 

Amendment (Passas/Raciti)

 

THAT Ashfield residents continue to receive once a year free family pass, learn to swim classes and free entry for families.

Motion Lost

For Motion:                 Crs Kiat, Macri, Passas and Raciti

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

 

Amendment (Macri/Raciti)

THAT a report come to the next Council meeting on the fees water polo pay.

Motion Carried

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

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

 

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

Councillor Passas left the Meeting at 7:20 pm.

 

C0421(1) Item 11         Electricity Procurement

Motion: (York/Kiat)

 

THAT Council:

 

1.    Delegate the General Manager the authority to:

 

a)    Enter into a procurement process (request for tender) for electricity supply to Council operations;

 

b)    Approve tender recommendation and sign any documentation required to that effect; and

 

c)    Renew IWC’s electricity supply contract under the Power Purchase Agreement (PPA) and/or enter into a new electricity supply contract

 

2.    Note that the GM will apply these delegations in general alignment with the principles outlined in this report.

 

3.    Receive reports on the electricity procurement at the following milestones:

 

a)    Prior to Request for Tender; and

 

b)    Following the tender evaluation to provide Council with information on renewable energy options and indicative price ranges.”

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas

 

C0421(1) Item 12         Post Exhibition Report - 120C Old Canterbury Road, Summer Hill          - Variation to VPA

Motion: (McKenna OAM/Raciti)

 

THAT Council enter into the Deed of Variation of Voluntary Planning Agreement for 120C Old Canterbury Road, Summer Hill as provided in Attachment 1 to this report.

 

Motion Carried

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

Against Motion:          Cr Hesse

Absent:                        Cr Passas

 

 

 

Councillor Passas returned to the Meeting at 7:29 pm.

C0421(1) Item 13         Post Exhibition Report - 1-5 Chester Street Annandale -        Voluntary Planning Agreement

Motion: (McKenna OAM/Raciti)

 

THAT Council:

 

1.    Enter into the Voluntary Planning Agreement for 1-5 Chester Street, Annandale as provided in Attachment 1 to this report; and

 

2.    Note that the cash component is to be held in Council’s Affordable Housing Fund in accordance with Council’s resolution of 26 May 2020 (C0520(2) Item 15).

 

Motion Carried

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

Against Motion:          Crs Macri, Passas, Porteous and Stamolis

 

 

C0421(1) Item 14         Petersham Service Centre  Car Park - 124 Crystal Street       Petersham - Land Encroachment Matter

Motion: (McKenna OAM/Steer)

 

THAT Council resolves to the exchange of Council owned land affected by the realignment of the boundary between Lot 5 in Deposited Plan 52786 known as 2-14 Fisher St, Petersham (Petersham Service Centre) and Lot 1 in Deposited Plan 1268880 known as 124 Crystal St, Petersham as shown on the plan at Attachment 1.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Porteous left the Meeting at 7:32 pm as she has a non-significant, non-pecuniary in Item 16 Local Traffic Committee Meeting - March 2021 as she is a resident in Balmain East and her household holds a parking permit which relates to LTC0321 Item 9 Balmain East Precinct Parking Study (Baludarri-Balmain Ward/Balmain Electorate/Leichhardt PAC) left the meeting during discussion and voting.

 

C0421(1) Item 16         Local Traffic Committee Meeting - March 2021

Motion: (Macri/Hesse)

 

THAT the Minutes of the Local Traffic Committee Meeting held in March 2021 be received and the recommendations be adopted subject to the following amendment:

 

a)    That Council refer concerns on Item 7 Unwins Bridge Road, Way Street, Toyer Street & Collins Street, St Peters - Formalising Parking Restrictions around Tempe High School (Midjuburi - Marrickville Ward/ Heffron Electorate/ Inner West PAC) by residents in Toyer Street back to the Local Traffic Committee to amend point 5 to a ‘10 metre No Stopping’ on the Northern side of Toyer Street east of Collins Street and delete point 6;

 

b)    That Item 9 Balmain East Precinct Parking Study (Baludarri-Balmain Ward/Balmain Electorate/Leichhardt PAC) be deferred pending a briefing for Balmain ward councillors; and

c)    That Item 3 Detailed works (Traffic & Parking) in Trafalgar Street, Petersham - RSL Petersham Development - DA201800173 & Implementation of the Regional Bicycle Route 7 (RR7) (Stanmore Ward-Damun/Newton Electorate/Inner West PAC) go back to the LTC for further review.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

Confidential Session

 

Motion: (Byrne/Stamolis)

 

THAT Council enter into Confidential session.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

That in accordance with Section 10A(1) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:

 

C0421(1) Item 42 Licence of Leichhardt Oval to Sydney Football Club Pty Ltd (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. 

 

 

C0421(1) Item 43 Lease to Transport for NSW - Land In Reg Coady Reserve Dobroyd Parade Haberfield (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; AND commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993)

 

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

 

Motion: (McKenna OAM/Steer)

 

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

 

 

 

Motion Carried

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

Against Motion:          Nil

 

Reports with Confidential Information

C0421(1) Item 42         Licence of Leichhardt Oval to Sydney Football Club Pty Ltd

Motion (Hesse/McKenna OAM)

 

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

 

1.       Resolves to grant a one year temporary licence (Licence) of Leichhardt Park Oval No.1 to Sydney Football Club Pty Ltd (Sydney FC) for football matches and training; and

 

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

 

Motion Carried

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

Against Motion:          Nil

 

C0421(1) Item 43         Lease to Transport for NSW - Land In Reg Coady Reserve    Dobroyd Parade Haberfield

Motion: (McKenna OAM/Drury)

 

THAT Council approves the proposed short-term construction lease to Transport for NSW for the rental amount specified in the report and delegate authority to the General Manager to finalise the terms of the section 30 agreement and execute the section 30 agreement and lease.

 

Motion Carried

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

Against Motion:          Nil

 

C0421(1) Item 2            Live music and entertainment conditions

Motion (Byrne/Hesse)

 

THAT Council defer consideration of the proposal and convene a consultation with the Live Music Office, Music NSW, the Sydney Fringe Festival and the Liquor regulator regarding the proposal with the outcomes of the consultation and their feedback to be reported to the June Ordinary Council meeting.

 

 

 

 

Motion Carried

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

Against Motion:          Nil

Councillor Kiat left the Meeting at 7:58 pm.

Councillor York left the Meeting at 7:59 pm.

Councillor York returned to the Meeting at 8:01 pm.

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

 

C0421(1) Item 3            King George Park and WestConnex: Community Engagement       Outcomes on Future Local Area Improvements

Motion: (Byrne/Stamolis)

 

THAT:

 

1.       Council note the key priorities which the local community and sporting ground users have highlighted for infrastructure improvements in the King George Park precinct area of Rozelle.

 

2.       Prior to committing funding for the priority upgrades, Council receive a further report on the likely cost implications of:

 

a)    undertaking a rationalisation and rebuild of the King George Park Car Park to improve park user safety;

a)    Estimated costings with regards to a upgrade of Constellation Playground;

b)    Footpath and roading assessments within the surrounding residential streets to ascertain the estimated costings of roading and footpath infrastructure improvements which are required in response to community concerns.

c)    Table and seating near bbq.

 

3.    The costing for the upgrades outside of footpath and roading assessments be reported to an ordinay council meeting no later than July 2021.

 

4.    Council undertake an assessment and clean up of the area as soon as possible

 

5.    Council investigate excluding trailer parking in the vicinity.

 

 

Motion Carried

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

Against Motion:          Nil

Councillor Raciti left the Meeting at 8:11 pm.

Councillor Raciti returned to the Meeting at 8:24 pm.

 

 

 

 

 

C0421(1) Item 4            Fishing Hazard Assessment-Council Foreshore Reserves

Motion: (Stamolis/Hesse)

 

 

THAT Council:

 

1.    Note the recent actions that Council staff have enacted to address fishing hazards within Council foreshore reserves, including the installation of new fishing tackle bins, educational signage and increased foreshore maintenance and inspections;

 

2.    Convene monthly meetings for 3-6 months with interested residents at the fishing locations to cover issues in regard to risk and management of problems related to fishing activities; and

 

3.    Receive a report outlining in detail current cleaning and maintenance of the reserve and proposals for improving further this schedule, particularly in terms of early morning cleanings. The report include an assessment of whether, where on-leash and off-leash areas exist in foreshore parks, if fishing can be limited to on-leash areas.

 

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Hesse, Iskandar, Kiat, Macri, Raciti, Stamolis, Steer and York

Against Motion:          Crs Drury, McKenna OAM, Passas and Porteous

 

Councillor Porteous left the Meeting at 8:23 pm.

 

ADJOURNMENT

 

8.23pm - The Mayor, Clr Byrne adjourned the meeting for a short recess.

8.34pm– The Mayor, Clr Byrne resumed the meeting.

 

C0421(1) Item 6            Paringa Reserve Plan of Management

Motion: (Stamolis/Hesse)

 

 

THAT Council defer this item to June 2021 for additional consultation with the community and an inspection for interested Councillors. 

 

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

 

 

 

 

C0421(1) Item 15         Draft Gender Equal Representation Policy

Motion: (York/McKenna OAM)

 

THAT Council:

 

1.       Endorse the draft Policy shown as Attachment 1;

 

2.       Place the policy on public exhibition for a period of 28 days; and

 

3.       Consider the results of the public exhibition process when adopting a final policy.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

Procedural Motion (Kiat/Drury)

 

THAT Item 17 Request for Reimbursement of Legal Expenses be deferred to the end of the meeting.

Motion Carried

For Motion:                 Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Steer and York

Against Motion:          Crs Macri, McKenna OAM, Passas, Raciti and Stamolis

Absent:                        Cr Porteous

Councillor Porteous returned to the Meeting at 8:54 pm.

 

C0421(1) Item 18         Investment Report As At 28 February 2021.

Motion: (Stamolis/Steer)

 

THAT the report be received and noted.

 

Motion Carried

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

Against Motion:          Nil

 

 

 

 

 

 

 

 

 

C0421(1) Item 19         55, 57 & 61-63 Smith Street, Summer Hill Development          Application (DA/2020/1022)

Motion: (Drury/Passas)

 

THAT Council:

 

1.    Receive and note this report; and

 

2.    Write to the Housing minister to ask them immediately enact the State Environmental Planning Policy (Housing Diversity) 2020 (Housing Diversity SEPP) 

 

Motion Carried

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

Against Motion:          Nil

 

 

C0421(1) Item 20         Update - Reuse and Recycling Hub at Summer Hill Depot

Motion: (Drury/Byrne)

 

THAT Council receives and notes this update progress report.

 

Motion Carried

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

Against Motion:          Cr Passas

 

 

C0421(1) Item 21         Council's Insurance Claim Assessment

Motion: (Stamolis/Passas)                                                               

 

THAT Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Porteous left the Meeting at 9:16 pm.

 

 

 

 

 

 

 

Procedural Motion: (Drury)

 

THAT the motion be put for Item 22 Notice of Motion: Off Leash Dog Parks.

 

Motion Lost

For Motion:                 Crs Byrne, Drury, Iskandar, McKenna OAM and York

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

Absent:                        Cr Porteous

 

C0421(1) Item 22         Notice of Motion: Off Leash Dog Parks

Motion: (Macri/Passas)

 

THAT Council receives a report on the following in relation to the use of Off Leash Dog Parks in the LGA on the following issues:

1.    Incidents at the parks between dogs and council’s enforcement of the Companion    Animal Act; and

 

2.    The for segregation of larger dogs from smaller potentially through timed use of the facilities on fenced off-leash areas.

 

Motion Carried

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

Against Motion:          Cr Steer

Absent:                        Cr Porteous

 

C0421(1) Item 23         Notice of Motion: Informal Play Netball Rings

Motion: (Kiat/Hesse)

 

THAT Council:

1.    Consider the inclusion of informal play netball rings in all future park Plan of Management reviews to address lack of netball facilities, and sporting facilities for sports played by women and girls generally, identified in the Recreation Needs Study; and

 

2.    Install informal play netball rings the installation of informal play netball rings at Hammond Park and Pratten Park in Ashfield, with notification to local residents and stakeholders.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

The Mayor, Councillor Byrne left the meeting and vacated the chair at 9:36 pm and the Deputy Mayor, Councillor Macri assumed the Chair.

 

C0421(1) Item 24         Notice of Motion: Pedestrian and Cyclist Access to Ashfield Pool

Motion: (Da Cruz/Passas)

 

THAT Council:

1.    Writes to Transport for NSW regarding pedestrian safety concerns:

 

a)    On the footpath along Frederick Street under the Rail Line; and

 

b)    with the sequencing of the traffic lights and pedestrian safety at the Intersection of Frederick and Elizabeth Streets;

 

2.    Notes  Friends of Iron Cove Creek advocacy and community support for a pedestrian/cyclist link along iron cove creek from Liverpool Road to the Bay Run, via the Ashfield Pool and:

 

a)    Includes the ironcove creek link in the Pedestrian Access and Mobility Plan & Cycling Strategy and prioritises implementation through grants, developer contributions and the budget process; and

 

b)    Commence the capital works project by funding a Dobroyd Canal Iron Cove to Ashfield Shared Path Masterplan in 2021/2022, which outlines the proposed program of works, investigates the feasibility of the proposed works and prioritises the delivery of the works.

 

3.    Review interaction between pedestrians and drivers at entrances to pool carparks at  the footpath along Elizabeth Street and Bastible Street; and

 

4.    Includes a cycle route from summer hill to Croydon Station via the Ashfield Pool in the Cycling Strategy and in particular Elizabeth St in all relevant North Ashfield Planning Instruments.

 

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Byrne and Porteous

 

The Mayor, Councillor Byrne returned to the Meeting at 9:49pm. The Deputy Mayor, Councillor Macri vacated the Chair and the Mayor, Councillor Byrne assumed the Chair.

 

Councillor Porteous returned to the Meeting at 9:54 pm.

 

C0421(1) Item 25         Notice of Motion: Childcare Fees

Motion: (Kiat/Steer)

 

THAT Council:

 

1.   Notes that in a recent budget briefing, increasing childcare fees were identified as an opportunity to 'grow revenue' to address future projected operating deficits;

 

2.   Rules out further investigating and pursuing such increases to childcare fees; and

 

3.   Review the substantial corporate overheads allocated to Council's childcare service as part of Council's budget accounting process, noting that according to the 2019/20 budget the service is effectively cost neutral before allocation of overheads.

 

Motion Lost

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

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

 

Foreshadowed motion (York/Byrne)

 

THAT Council:

 

1.    Notes that no recommendations for fee changes to Children’s Services have yet been made to Councillors at a Council meeting;

 

2.    Notes that a full review of Children’s Services has been conducted, commenced in late 2020, reviewing all elements of Council’s Children’s Services including quality outcomes, access, demand and financial sustainability; and

 

3.    Does not consider any position on changes to Children’s Services fees in isolation from recommendations regarding quality outcomes and access and equity outcomes

 

Motion Carried

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

Against Motion:          Crs Hesse, Kiat, Porteous and Steer

Councillor Hesse left the Meeting at 10:00 pm.

Councillor Kiat left the Meeting at 10:00 pm.

Councillor Hesse returned to the Meeting at 10:02 pm.

Councillor York left the Meeting at 10:07 pm.

Councillor York returned to the Meeting at 10:09 pm.

 

Motion Carried

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

Against Motion:          Crs Macri, Passas and Raciti

Absent:                        Cr Kiat

 

 

 

 

 

C0421(1) Item 26         Notice of Motion: Sports club leases

Motion: (Passas/Macri)

 

THAT Council to make available to Councillors all existing sporting club leases and lease arrangements, as well as the club financials.

 

Motion Lost

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

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

Absent:                        Cr Kiat

 

 

Foreshadowed motion (Stamolis/Passas)

 

THAT Council to make available to Councillors all existing sporting club leases and lease arrangements and hirers.

 

Motion Carried

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

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

Absent:                        Cr Kiat

 

Councillor Kiat returned to the Meeting at 10:11 pm.

 

C0421(1) Item 27         Notice of Motion: Brothels

Motion: (Passas/Raciti)

 

THAT Council to provide a report on brothels operating in the Inner West.  This should include:

 

a)    The number of brothels (legal and illegal);

 

b)    Number of Council inspections per year;

 

c)    The number of DAs received by Council;

 

d)    Legal action taken over this term of Council;

 

e)    Whether the number of brothels has increased in the Inner West over this term of Council; and

 

f)     Whether Council monitors working conditions of female workers.

 

Motion Lost

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

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

 

 

C0421(1) Item 28         Notice of Motion: Disabled parking at 60 Smith Street Summer      Hill

Motion: (Passas/Steer)

 

THAT:

 

1.    The application for a mobility parking space outside 60 Smith Street Summer Hill be referred to the Local Traffic Committee for review; and

 

2.    Council review the Council mobility parking policy and report to Council for June 2021 Council meeting.

 

Motion Carried

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

Against Motion:          Nil

Councillor Raciti left the Meeting at 10:26 pm.

Councillor Raciti returned to the Meeting at 10:36 pm.

Councillor Macri left the Meeting at 10:43 pm.

Councillor Macri returned to the Meeting at 10:51 pm.

 

C0421(1) Item 29         Notice of Motion: Internal Ombudsman Service

Motion: (Passas/Da Cruz)

 

THAT Council to cease the service of the Internal Ombudsman 30 days after of notifying Cumberland and Parramatta Councils of the decision.

Motion Lost

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

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

 

Foreshadowed Motion (Macri/Stamolis)

 

THAT:

 

1.    Council convene a meeting of the 3 councils that share the Internal Ombudsman service to gauge their enthusiasm for the continuation of the service; and

 

2.    A report comes back to Council which is authorised by all 3 Councils.

 

Motion Tied

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

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

 

The Chairperson used his Casting Vote against the MOTION and the MOTION was lost.

 

 

Procedural Motion: (Hesse/Drury)

 

THAT the meeting be extended until 11.15pm.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Passas left the Meeting at 11:09 pm.

Councillor Passas returned to the Meeting at 11:11 pm.


Confidential Session

 

Motion: (Kiat/Byrne)

 

THAT Council enter into Confidential session to deal with C0421(1) Item 17 Request for Reimbursement of Legal Expenses. 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:

 

 

a)    The item deals with an alleged contravention of a code of conduct requirement within the meaning of clause 10A(2)(i);

 

b)    The matter that is to be discussed is Item 17 'Request for Reimbursement of Legal Expenses'; and

 

c)    It would, on balance, not be in the public interest to discuss the item in an open meeting in circumstances where an independent investigation has found that there is no substantiating evidence to support the allegations. 

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Porteous retired from the Meeting at 11:14 pm as she declared a significant, pecuniary interest in Item 17 Request for Reimbursement of Legal Expenses as the matter is related to reimbursement of her legal fees and she will leave the meeting during discussion and voting for both items.

 

Motion: (Hesse/Drury)

 

THAT the meeting be extended until 11.30pm

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Porteous

 

Councillor Raciti retired from the Meeting at 11:15 pm.

Councillor Passas retired from  the Meeting at 11:33 pm.

 

Motion: (Hesse/Drury)

 

THAT the meeting be extended until 11.40pm

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Passas, Porteous and Raciti

 

C0421(1) Item 17         Request for Reimbursement of Legal Expenses

Motion: (Kiat/Steer)

 

THAT Council:

  1. Offer an apology to Councillor Porteous that she was investigated and put to unnecessary expense for an allegation in relation to which an independent investigation established there was no substantiating evidence at all;

  2. Review its processes in relation to publishing complaint information relating to allegations which have not been substantiated; and

  3. Accept the request for reimbursement of legal costs in accordance with the Councillor Expenses and Facilities Policy.

Motion Carried

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

Against Motion:          Nil

Absent:                        Crs Passas, Porteous and Raciti

Abstained:                   Cr Macri

 

Amendment (Stamolis)

THAT:

 

1.    No Councillor should be subject to a formal investigation without evidence to substantiate a complaint;

 

2.    Note that formal investigation of complaints without basis incurs substantial cost to the Council and the public;

 

3.    Council should review its processes to ensure complaints for which there is no substantiating evidence do not cost the Council and its ratepayers unnecessarily; and

 

 

 

4.    No Councillor should be excluded or removed from their democratically elected duties where there is no basis nor any legal determination for this to occur.

The Mayor ruled this amendment Out of Order as this is not relevant to the item.

 

Meeting closed at 11.39 pm.

 

Public Speakers:

 

 

Item #

 

Speaker             

Suburb

Item 2:

John Wardle

Belmore

Item 3:

Craig Channells

Rozelle

Item 5:

Paul Avery

Andrew McVeigh

Balmain

 

Item 6:

Renata Barnett

Michael Solomon

Craig Barnett

Balmain

Balmain

Balmain

Item 9:

Carolyn Allen

Balmain

Item 10:

Dylan Griffiths

Ashfield

Item 19:

Richard Lie

Croydon

Item 24:

Anna Harvey

Graham Hall

Croydon

Croydon

Item 30:

Dominic John Ogburn

Kate Flood

Summer Hill

Summer Hill

Item 37:

Tim Bradshaw

Dulwich Hill

Item 39:

Paul Taranto

Balmain

Item 44:

Chrissy Flanagan

Kerri Glasscock

Morris Hanna

Dulwich Hill

Newtown

Marrickville

Item 45:

David Murphy

Liza Schaeper

Paul Avery

John Little

Lilyfield

Annandale

Balmain

Wentworthville (Sydney Water)

 

 

 

 

Unconfirmed minutes of the Ordinary Council meeting held on 13 April 2021.