|
Council Meeting
12 October 2021 |
Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 12 October 2021
Meeting commenced at 6.31pm
|
Present: |
|
|
Rochelle Porteous Pauline Lockie Darcy Byrne Marghanita Da Cruz Mark Drury Colin Hesse Sam Iskandar Tom Kiat Victor Macri Lucille McKenna OAM Julie Passas Vittoria Raciti John Stamolis Louise Steer Anna York Graeme Palmer |
Mayor Deputy Mayor Councillor (6:32pm) Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6:32pm) Councillor Councillor Councillor Councillor Councillor (6:32pm) General Manager Acting Director Planning |
|
Cathy Edwards-Davis |
Director Infrastructure |
|
Caroline McLeod Peter Livanes Beau-Jane De Costa Daryl Jackson Harjeet Atwal Billy Cotsis Simon Turner Elizabeth Renneberg Peter Doyle |
Acting Director Community Acting Director Corporate Senior Manager Governance and Risk Chief Financial Officer Senior Manager Planning Economic Development Team Leader Acting General Counsel Internal Ombudsman Governance Advisor |
|
Katherine Paixao |
Governance Coordinator |
|
Carmelina Giannini |
Governance Support Officer |
APOLOGIES: Nil
Councillors Byrne, McKenna OAM and York entered the meeting at 6:32pm.
DISCLOSURES OF INTERESTS:
Councillor Porteous declared a significant, pecuniary interest in Item 4 Local Traffic Committee Meeting Minutes – September 2021 (Item 2 Balmain East Precinct Parking Study) as her partner holds a parking permit in the area and will leave the meeting during discussion and voting.
Councillor Lockie declared a non-significant, non-pecuniary interest in Item 11 Inner West Outdoor Dining and Live Performance Guidelines as it talks about the City of Sydney and she works there.
Councillor Passas declared a significant, pecuniary interest in Items 32 Request for Reimbursement of Legal Expenses as per Council’s Councillor Expenses and Facilities Policy and a significant, non-pecuniary interest 33 Outcome of Code of Conduct Investigation as she lodged the Code of Conduct and will leave the meeting during voting and discussion on both items.
Councillor York declared a significant, non-pecuniary interest in Item 24 Notice of Motion: Tempe Bunnings as her family member lives in the area and will not participate in discussion or voting.
Councillor Da Cruz declared a non-significant, non-pecuniary interest in Item 29 Appointment of Community Representative for the Inner West Local Planning Panel as one of the shortlisted candidates is the husband of a friend.
Motion: (McKenna OAM/Drury)
THAT Council note the disclosures of interest.
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
CONFIRMATION OF MINUTES
|
THAT the Minutes of the Council Meeting held on Tuesday, 28 September 2021 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 |
Procedural Motion
Motion: (Drury/Hesse)
THAT Council allow an additional speaker on Item 27.
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 are available on the last page of these minutes.
Procedural Motion - Suspension of Standing Orders
Motion: (Porteous/Lockie)
THAT Council:
1. Deal with Items 1-5 then Suspend standing orders to deal with Items 10, 11 and 24 at this time; and
2. Defer Item 6 to the Ordinary Council meeting on 26 October 2021
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
Councillor Stamolis left the Meeting at 7:50 pm.
|
THAT Council adopts the Yes and No case flyer which has been fact checked as distributed to Councillors prior to the meeting.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Steer and York Against Motion: Cr Passas Absent: Cr Stamolis As voting for the amendment took place prior to the primary motion, Councillor Stamolis was in attendance during the amendment. Amendment (Stamolis/Macri)
THAT given the caveats, methodology and data limitations expressed by the consultant in regard to the impact on rates from a demerger; as well as the recommendation from the fact checker that an economist should review this data; that the rates table be removed from the Yes/No case as it would mislead our community.
Motion Lost For Motion: Crs Macri and Stamolis Against Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Passas, Porteous, Raciti, Steer and York |
Councillor Stamolis returned to the Meeting at 7:55 pm.
|
THAT Council:
1. Offer Deadly Connections the opportunity to enter a 12 month venue hire agreement, subject to the suitable outcome of a structural engineers report;
2. Investigate whether a review of the Enmore Park Plan of Management is required to progress the formal process to offer Deadly Connections a two year lease/license (offering a total of three years);
3. Authorise the General Manager to negotiate the terms of the lease/license and to sign/execute the lease/license on Council’s behalf;
4. Note the requirements of the hire and lease agreement to be in keeping with Council’s Land and Property Policy, Lease Management whereby the tenant is responsible for funding any connection and ongoing costs associated with the internet, phone lines, water, electricity, air-conditioning, security etc;
5. Endorse a budget adjustment of $30,000 to the Facilities Maintenance budget be made to cover the costs associated with addressing the existing maintenance issues at the facility;
6. Note that Council officers share information regarding any relevant grants with Deadly Connections and assist with any supporting documentation required; and
7. Supply air conditioning.
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 8:33 pm as she declared a significant, pecuniary interest in Item 4 Local Traffic Committee Meeting Minutes – September 2021 (Item 2 Balmain East Precinct Parking Study) as her partner holds a parking permit in the area. The Deputy Mayor, Councillor Lockie assumed the chair.
Councillor Porteous returned to the Meeting at 8:51 pm. The Deputy Mayor, Councillor Lockie vacated the chair and Councillor Porteous assumed the chair.
|
C1021(2) Item 10 Inner West Economic Recovery Taskforce Update |
|
THAT:
1. Council notes the update on the Inner West Economic Recovery Taskforce recommendations;
2. $138,000 be expended from the Inner West Economic Recovery Taskforce to fund the Outdoor Dining and Live Performance Project; and
3. Council give In principle support for businesses applying to roofing the outdoor dining platforms when they apply.
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 Macri left the Meeting at 9:35 pm.
|
C1021(2) Item 11 Inner West Outdoor Dining and Live Performance Guidelines
|
|
THAT Council: 1. Note the update on the draft Inner West Outdoor Dining and Live Performance project; and
2. Endorse the reallocation of $138,000 from the Inner West Economic Recovery Taskforce to partially fund the Outdoor Dining and Live Performance project. Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Raciti, Stamolis, Steer and York Against Motion: Cr Passas Absent: Cr Macri
Amendment (Byrne/Drury)
THAT Council: 1. Note the resolution of May resolving to
develop a public space activation strategy to be rolled out in line with the
lifting of public health restrictions has yet to be implemented; and 2. Urgently create a live performance small grants scheme with funding of $80 000 as indicated in the report. Grants of up to $300 are to be made available to hire live performers who are residents of the Inner West local government area to perform, with eligible applicants to include: a) Local hospitality businesses b) Local residents facilitating streets parties c) Local community organisations arranging Christmas parties and reunion events Motion Lost For Motion: Crs Byrne, Drury, Iskandar, Lockie, McKenna OAM and York Against Motion: Crs Da Cruz, Hesse, Kiat, Passas, Porteous, Raciti, Stamolis and Steer Absent: Cr Macri |
Procedural Motion
Motion: (Lockie/Steer)
THAT Council further suspend standing orders to bring forward item 12 to be dealt with at this time.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York
Against Motion: Nil
Absent: Cr Macri
|
C1021(2) Item 12 2020/21
Annual Designated Person Disclosure (Pecuniary |
|
THAT Council note the tabling of Pecuniary Interest Returns of Councillors and Designated Staff for the return period 1 July 2020 to 30 June 2021.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Passas, Porteous, Raciti, Stamolis, Steer and York Against Motion: Nil Absent: Cr Macri |
Councillor York retired from the Meeting at 9:42 pm.
ADJOURNMENT
9.42pm - The Mayor, Clr Porteous adjourned the meeting for a short recess.
9.48pm– The Mayor, Clr Porteous resumed the meeting.
Councillor Macri returned to the Meeting at 9:48 pm.
|
C1021(2) Item 24 Notice of Motion: Bunnings Traffic
|
|
THAT Council:
1. Commence a campaign to lobby Bunnings about improving traffic arrangement at Tempe;
2. Campaign includes ads in local newspapers, social media and installation of banners at high-visibility locations near Bunnings Tempe and consider ads in the SMH also the Telegraph;
3. Writes to NSW Minister for Roads seeking approval of traffic signals installation on Princes Highway to provide controlled access to Bunnings;
4. Writes to all residents of Sydenham, Tempe and St Peters advising of Council’s advocacy and calling on residents to lobby the NSW Government for a better outcome;
5. Staff do not exercise their delegations to approve the LATM during the Caretaker period until the new council has been consulted; and
6. Submit submission opposing the section 4.55 until the traffic issues have been resolved.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer Against Motion: Nil Absent: Cr York |
Councillor Macri left the Meeting at 10:15 pm.
|
C1021(2) Item 7 Council and Community Covid Crisis Intervention Taskforce |
|
THAT Council adopt the draft Terms of Reference for the Council and Community Covid Crisis Intervention Taskforce.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, McKenna OAM, Porteous, Raciti, Stamolis and Steer Against Motion: Cr Passas Absent: Crs Macri and York |
|
C1021(2) Item 6 Report on progress in implementing the Community Strategic Plan |
|
This item was deferred to the Ordinary Council meeting on 26 October 2021. |
Procedural Motion – Resumption of Standing Orders
Motion: (Porteous/McKenna OAM)
THAT standing orders be resumed
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer
Against Motion: Nil
Absent: Crs Macri and York
|
THAT Council:
1. Note that the Outdoor Aquatic Centres re-opened from Monday 27th September;
2. Note that Officers have implemented a range of processes for the safe re-opening of the outdoor pools in line with conditions as determined by the public health order; and
3. Receive a report on increasing the Ashfield Aquatic closing hours to 8pm on Saturday and Sunday (generally or just in Summer) to be considered at the November Council meeting. Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer Against Motion: Nil Absent: Crs Macri and York |
Councillor Macri returned to the Meeting at 10:25 pm.
Procedural Motion – Suspension of Standing Orders
Motion: (Porteous/Hesse)
THAT Council suspend standing orders and enter in Confidential session to deal with all confidential items at this time.
Motion Carried
For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer
Against Motion: Nil
Absent: Crs Macri and York
Confidential Session
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:
C1021(2)
Item 29 Appointment of Community Representative for the Inner West
Local Planning Panel contains personnel matters concerning
particular individuals (other than councillors) (Section 10A(2)(a) of the Local
Government Act 1993).
C1021(2) Item 30 T01-19 Marrickville and St Peters Town Halls - External Works contains 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.
C1021(2) Item 31 RFQ64-21 Local Road Asphalt Mill and Fill Contract contains commercial information of a confidential nature (Section 10A(2)(d)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
C1021(2) Item 32 Request for Reimbursement of Legal Expenses contains advice concerning litigation, or advice (Section 10A(2)(g) of the Local Government Act 1993) that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
C1021(2) Item 33 Outcome of Code of Conduct Investigation contains alleged contraventions of any code of conduct requirements applicable under section 440.
Councillor Passas left the Meeting at 10:30 pm.
Reports with Confidential Information
|
C1021(2) Item 29 Appointment
of Community Representative for the Inner West |
|
THAT Council appoint Ken Hawke, Narelle Butler, Allan Barnes, Andrea Connell, Lea Richards, Kath Roach and Silvia Correia from the Expression of Interest process as Community Representatives on the Inner West Local Planning Panel
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis and Steer Against Motion: Nil Absent: Crs Passas and York |
Councillor Passas returned to the Meeting at 10:34 pm.
|
C1021(2) Item 30 T01-19 Marrickville and St Peters Town Halls - External Works
|
|
THAT Council:
1. Decline to accept all tender submissions for Tender T 01-19 for the Marrickville and St Peters Town Halls External Works; and
2. Invite fresh tenders for the Marrickville and St Peters Town Halls External Works by open tender.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Passas, Porteous, Raciti, Stamolis and Steer Against Motion: Nil Absent: Cr York |
Councillor Passas retired from the Meeting at 10:37 pm.
|
C1021(2) Item 31 RFQ64-21 Local Road Asphalt Mill and Fill Contract
|
|
THAT the submission submitted by Downer EDI Works Pty Ltd for $3,723,149 excluding GST be accepted for the Local Road Asphalt Mill and Fill Contract FY21-22 for Inner West Council.
Motion Carried For Motion: Crs Byrne, Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti, Stamolis and Steer Against Motion: Nil Absent: Crs Passas and York |
Councillor Steer left the Meeting at 10:41 pm.
Councillor Byrne retired from the Meeting at 10:42pm
Councillor Kiat left the meeting at 10:42pm
Councillor Passas was not in attendance for discussion or voting in Items 32 and 33 as she declared a significant, pecuniary interest in Items 32 Request for Reimbursement of Legal Expenses as per Council’s Councillor Expenses and Facilities Policy and a significant, non-pecuniary interest 33 Outcome of Code of Conduct Investigation as she lodged the Code of Conduct.
|
C1021(2) Item 32 Request for Reimbursement of Legal Expenses |
|
THAT Council reimburse legal expenses of $3960.00, incurred by Councillor Passas, in accordance with the Councillor Expenses and Facilities Policy.
Motion Carried For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Lockie, Macri, McKenna OAM, Porteous, Raciti and Stamolis Against Motion: Nil Absent: Crs Byrne, Kiat, Passas, Steer and York |
Councillor Kiat returned to the Meeting at 10:42 pm.
Councillor Steer returned to the Meeting at 10:43 pm.
Procedural Motion - Extension of Time
Motion: (Porteous/Hesse)
THAT the meeting be extended until 11.15pm
Motion Carried
For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti and Stamolis
Against Motion: Nil
Absent: Crs Byrne, Passas, Steer and York
Procedural Motion - Extension of Time
Motion: (Porteous/Stamolis)
THAT the meeting be extended until 11.30pm
Motion Carried
For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti and Stamolis
Against Motion: Nil
Absent: Crs Byrne, Passas, Steer and York
Procedural Motion - Extension of Time
Motion: (Porteous/Da Cruz)
THAT the meeting be extended until 11.45pm.
Motion Carried
For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti and Stamolis
Against Motion: Nil
Absent: Crs Byrne, Passas, Steer and York
Procedural Motion - Extension of Time
Motion: (Porteous/Hesse)
THAT the meeting be extended until 11.50pm.
Motion Carried
For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous, Raciti and Stamolis
Against Motion: Nil
Absent: Crs Byrne, Passas, Steer and York
|
THAT Council receive the report.
Motion Carried For Motion: Crs Da Cruz, Hesse, Kiat, Lockie, Porteous and Stamolis Against Motion: Crs Drury, Iskandar, Macri, McKenna OAM and Raciti Absent: Crs Byrne, Passas, Steer and York |
Councillor Raciti retired from the Meeting at 11:50 pm.
Motion: (Porteous/Hesse)
THAT Council move back into the Open Session of the Council Meeting.
Motion Carried
For Motion: Crs Da Cruz, Drury, Hesse, Iskandar, Kiat, Lockie, Macri, McKenna OAM, Porteous and Stamolis
Against Motion: Nil
Absent: Crs Byrne, Passas, Raciti, Steer and York
Procedural Motion
Motion: (Porteous/Lockie)
THAT items 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27 and 28 be deferred to the Ordinary Council Meeting to be held on Tuesday, 26 October 2021 at 6.30pm
Motion Carried
For Motion: Crs Drury, Hesse, Kiat, Lockie, McKenna OAM and Porteous
Against Motion: Crs Da Cruz, Iskandar, Macri and Stamolis
Absent: Crs Byrne, Passas, Raciti, Steer and York
Foreshadowed Motion (Stamolis/Da Cruz)
THAT items 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27 and 28 be deferred to an Extraordinary Council Meeting to be held on Tuesday, 19 October 2021 at 6.30pm
This foreshadowed motion lapsed.
Meeting closed at 11.52pm.
Public Speakers:
|
Item #
|
Speaker |
Suburb |
|
Item 1: |
Brian Halstead Pip Hinman |
Mosman Newtown |
|
Item 3: |
Carly Stanley |
Dulwich Hill |
|
Item 24: |
Jack Breen Juliet Barr Patrick William |
Tempe Earlwood Tempe |
|
Item 26: |
Jody Toomey |
Dulwich Hill |
|
Item 27: |
Mathew Howard |
Marrickville |
The Minutes of the Ordinary Meeting of Council held on the 12th day of October, 2021 were confirmed as a correct record on this 26th day of October, 2021.
..............................................
CHAIRPERSON