Agenda of Council Meeting - Tuesday, 12 April 2022

Council Meeting

12 April 2022

Minutes of Ordinary Council Meeting held remotely and livestreamed on Council’s website on 8 March 2022

Meeting commenced at 6.32pm

Present:
Darcy Byrne Jessica D’Arienzo Liz Atkins Marghanita Da Cruz Mark Drury Dylan Griffiths Mathew Howard Justine Langford Pauline Lockie Philippa Scott Kobi Shetty Chloe Smith John Stamolis Timothy Stephens Zoi Tsardoulias Peter Gainsford Simone Plummer	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor (6.34pm) Councillor (6.42pm) Councillor Councillor (6.34pm) General Manager Director Planning
Cathy Edwards-Davis	Director Infrastructure
Ruth Callaghan Peter Livanes Beau-Jane De Costa Matthew Pearce Daryl Jackson	Director Community Director Corporate Senior Manager Governance and Risk General Counsel Chief Financial Officer
Katherine Paixao	Governance Coordinator

APOLOGIES: Nil

DISCLOSURES OF INTERESTS:

Clr Howard declared a non-significant, non-pecuniary interest in Item 4 Local Traffic Committee Meeting – 7 February 2022 as he works in the Office of the State Member who has a representative on the Local Traffic Committee. He will remain in the meeting during discussion and voting as the vote of the State Member is exercised through a representative.

Clr Howard declared a non-significant, non-pecuniary interest in Item 19 Notice of Motion: Railway Terrance and West Street Petersham Intersection as he works in the Office of the State Member for Summer Hill. He will remain in the meeting during discussion and voting as he did not attend the meeting referenced in the motion and he has no other conflict.

Councillor Stamolis entered the meeting at 6.42pm

Councillors Smith and Tsardoulias entered the meeting at 6.34pm

CONFIRMATION OF MINUTES

Motion: (Drury/Howard)

That the Minutes of the Council Meeting held on Tuesday, 8 February 2022 be confirmed as a correct record.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

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.

C0322(1) Item 26 Mayoral Minute: Flood Response

Motion: (Byrne)

That Council:

1. Acknowledge and thank the Marrickville and Ashfield State Emergency Services Units, local Police and Council officers for their work protecting our community during the current floods;

2. Receive an urgent written briefing from the General Manager about the ongoing response to flooding as well as the recovery and clean up operations that Council and other agencies will undertake;

3. Write to councils in flooding affected areas of northern NSW to ask what assistance the Inner West can provide to their communities, to help in their recovery from the disaster; and

4. Write to the NSW and Federal Governments advocating for direct financial assistance to local governments to undertake the works identified in the flood mitigation plans, which councils are statutorily required to prepare and adopt.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 27 Mayoral Minute: An Inner West Arts and Music Crisis Summit

Motion: (Byrne)

That Council:

1. Convene an Inner West Arts and Music Crisis Summit, in partnership with the Sydney Fringe Festival and the Media Entertainment and Arts Alliance, with the objective of mobilising local artists, creative businesses and supporters of the arts, to resuscitate the sector. The summit is to be held at Marrickville Town Hall;

2. Write to the Premier, Treasurer and the Minister for the Arts inviting their participation in the summit, with the date of the event to be determined in consultation with the NSW Government;

3. Invite a broad and representative cross section of the Inner West arts and music sectors including artists, organisations, creative businesses, live performance venue operators and academics, to help plan, coordinate and participate in the summit;

4. Invite all state and federal parliamentarians representing electorates in the Inner West local government area to attend and participate in the summit;

5. Design the agenda of the summit with the aim of producing an Inner West arts and music recovery plan that Council can contribute to and advocate for. The plan should include specific actions to be undertaken by local, state and federal government as well as the business community and relevant peak bodies;

6. Write to all relevant state and national arts peak bodies and advocacy organisations to notify them of the summit and invite interested stakeholders to attend; and

7. Invite all councillors to attend the Inner West Arts and Music Crisis Summit.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 28 Mayoral Minute: Fair Grant Funding and Ending the NSW
Government’s Bias Against the Inner West

Motion: (Byrne)

That Council:

1. Write to the Premier, Treasurer and Local Government Minister requesting that following the findings of the Auditor General about the maladministration of the $252 million Stronger Communities program, that a compensation fund of $24 million be established to pay for infrastructure in the Inner West local government area;

2. Write to the Premier and Treasurer insisting that as the local government area which has experienced most of the disruption from Westconnex construction, the Inner West must be allowed to apply for funds from the $5 billion WestIvest program, which is funded by the sale of Westconnex;

3. Write to the Premier and the Minister for Local Government seeking a commitment that the Inner West will no longer be improperly prevented from applying for grants schemes which we are eligible for, and that the recommendations of the Auditor General to improve the probity and transparency of public grant allocations will be implemented in full; and

4. Prepare a proposal outlining Council's need for funds for infrastructure and other public needs, as a result of lack of funding for the merger, and forward this proposal to the Premier and Minister of Local Government.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Scott/Griffiths)

That Items 1, 8, and 10 be moved in globo and the recommendations contained within the report adopted and that Council change the order of business to bring forward these items.

● Item 1 Communicating with the Inner West community;

● Item 8 Council's response to COVID-19 and the Omicron wave; and

● Item 10 Notice of Motion: Amendment to NSW Public Libraries Association Councillor Representation.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 1 Communicating with the Inner West community

Motion: (Scott/Griffiths)

That Council:

1. Commence a Request for Quote (RFQ) process in accordance with Council’s Procurement Policy to advertise a regular Council news page in one or more free, locally distributed print publications;

2. Receive a briefing to consider the results of the RFQ process and potential expansion of Inner West Council News editions; and

3. Receive a report and determine the mix of advertising and Inner West Council News editions at a Council meeting on completion of the RFQ process.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 8 Council's response to COVID-19 and the Omicron wave

Motion: (Scott/Griffiths)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 10 Notice of Motion: Amendment to NSW Public Libraries
Association – Councillor Representation

Motion: (Scott/Griffiths)

That Council appoint Councillor Shetty as the alternative representative for the NSW Public Libraries Association.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 2 Code of Meeting Practice

Procedural Motion (Lockie/Scott)

That points of the motion be voted on separately.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Motion: (Scott/Drury)

That Council:

1. Place the Draft Code of Meeting Practice in Attachment 1 on public exhibition for a period of 28 days, subject to amending the following:

a) Amend Clause 5.28 A Councillor must give their full attention to the business and proceedings of the meeting when attending a meeting by audio-visual link. The Councillor’s camera must be on at all times during the meeting, except where it is impracticable to do so or as may be otherwise provided for under this code;

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

b) Include an additional Clause 9.19 ‘A Councillor may ask up to 3 questions per item on the agenda’; and

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Howard, Lockie, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Shetty and Stamolis

c) Amend Clause 10.22 ‘A Councillor must not, without the consent of the Council, speak more than once on a motion or an amendment, or for longer than 2 minutes at any one time.

Motion Carried

For Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Against Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

d) That Clause 4.2 be amended to “Public Forums are to be chaired, in accordance with Clauses 6.1 and 6.2”.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

2. Consider the results of the public exhibition process when adopting a final Code of Meeting Practice.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Amendment (Shetty/Scott)

That Clause 4.2 be amended to “Public Forums are to be chaired, in accordance with Clauses 6.1 and 6.2”.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

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

C0322(1) Item 3 National General Assembly of Local Government 2022

Motion: (Scott/Da Cruz)

That Council:

1. Determine the Councillors attending the National General Assembly of Local Government 2022 will be:

a) Cr Byrne

b) Cr Drury

c) Cr Scott

d) Cr Atkins

e) Cr Da Cruz

f) Cr Griffiths

g) Cr Lockie

2. Note that individual Council members have submitted on behalf of Council motions 1 and 2 as detailed in Attachment 4, and motion 3 as detailed below, and support them going to the NGALA:

● Motion 1:Yes to the Circular Economy and No to Incinerators

● Motion 2: Uluru Statement from the Heart

● Motion 3: Tax Code

Motion title

Tax code

Motion details:

That the NGALA

1. Notes that in many cases throughout our society, the tax system specifically rewards activities and purchases that are worse for public health, are more expensive for households, result in worse domestic energy security, and worsen climate change;

2. Call on the Federal Government to change the taxation code to address this, including:

3. Support residential and commercial landlords to improve the health, comfort, and energy security of their tenants by changing the status of energy efficient, water efficient, and renewable appliances and structures so that they qualify for accelerated depreciation or extension of the Temporary Full Expensing Measures for Landlords for a period through to 2030;

4. Amend the taxation system such that when a landlord replaces an appliance that has poor air quality outcomes with a cleaner system (e.g. gas cooktop with induction cooktop, or a gas heater versus reverse cycle air conditioner), this is also captured through the Temporary Full Expensing Measures for Landlords rather than a capital expense that is to be depreciated over its effective useful life;

5. Increase the effective useful lives for those appliances that actively contribute to poor indoor air quality and worsened health outcomes such that the depreciation claim will be smaller in each year;

6. Factoring in the weight and energy source of a vehicle when deciding the allowable depreciation, in recognition that the damage done to roads is proportional to the fourth power of the weight, and thus increases rapidly for heavier vehicles (using a different scale for electric vehicles);

7. In order to improve public health due to air pollution and lack of physical activity, phase in changes to the way that motor vehicle expenses can be deducted to encourage the uptake of bicycles, e-bikes, and electric cargo bikes for commuting and business purposes, and in those cases where cars or other motor vehicles are required, make changes to ensure that electric vehicles are favoured over petrol and diesel vehicles; and

8. Call on the Federal Government to make these amendments to the relevant tax legislation to give effect to these measures as soon as possible.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 4 Local Traffic Committee Meeting - 7 February 2022

Motion: (D’Arienzo/Griffiths)

THAT the Minutes of the Local Traffic Committee meeting held on 7 February 2022 be received and the recommendations be adopted with the following additions:

a) That a briefing of ward Councillors be held on the Dulwich Hill Station Precinct Public Domain Improvements project prior to advertising for tender; and

b) That a community meeting of local businesses and resident be held on site, before finalising the tender process.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 5 2021/22 Second Quarter Budget Review

Motion: (Drury/D’Arienzo)

THAT:

1. The Second Quarter Budget Review for 2021/22 be adopted; and

2. Council notes that the format of the Quarterly Reports is a work in progress and following the recent special conference, LGNSW will be pursuing templates, KPIs for more transparency with the NSW Government.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 6 Investment Report at 31 January 2022

Motion: (Stamolis/Lockie)

That Council receive and note the report.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 7 Dawn Fraser Baths - Internal Audit Report

Procedural motion (Da Cruz)

That points of the motion be voted on separately.

The procedural motion lapsed for want of seconder.

Motion: (Drury/Scott)

That Council:

1. Receive and note the report;

2. Establish a Major Capital Projects Committee, that will be chaired by the Mayor, meet monthly to review progress on major projects and discuss the Project Assurance report and shall comprise of no more than 5 councillors, being Councillors:

a) Clr Darcy Byrne;

b) Clr Mark Drury;

c) Clr Jess D’Arienzo;

d) Clr Pauline Lockie; and

e) Clr Kobi Shetty

3. Determine that for all future major capital projects, the Inner West Council will engage external Project Assurance and they shall report monthly to the General Manager and a Major Capital Projects Committee of councillors and quarterly to the Audit, Risk and Improvement Committee (ARIC);

4. The Project Assurance shall provide advice and support to Council on the management of the external contractor and assess the contractors compliance with the contract. They will provide early identification of potential risks and assist with mitigation and assist Council and contractor with securing in a timely fashion the necessary approvals to complete projects; and

5. Bring back a Terms of reference for the Major Capital Projects Committee to the April 2022 Council meeting.

Motion Carried

For Motion: Crs Atkins, Byrne, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stephens and Tsardoulias

Against Motion: Crs Da Cruz and Stamolis

Amendment (Stamolis/Da Cruz)

That Council receive a briefing from ARIC and Ernst and Young in order to make future decisions on a way forward.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Amendment (Da Cruz/Stamolis)

That the membership of the Major Project committee be open to all councillors and subject to a Terms of Reference.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

C0322(1) Item 9 Six monthly progress report

Motion: (Stephens/D’Arienzo)

That Council

1. Receive and note the Six Monthly Progress report; and

2. Undertakes to improve:

a) measures (statistics) to show progress on strategies and alignment of
actions with strategies; and

b) community reporting and consultation on the community strategic plan
and delivery program to ensure they align with community's changing needs.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Byrne)

That the meeting be adjourned for 10 minutes.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

The meeting was adjourned at 8.58pm

The meeting resumed at 9.09pm

C0322(1) Item 11 Notice of Motion: Stanmore Station Upgrade

Motion: (Atkins/Smith)

That Council:

1. Note the very welcome progress on design of the Stanmore Station upgrade and the most recent Transport for NSW community consultation which closed on 15 February 2022;

2. Notes that Stanmore Station is one of only 10 state heritage listed locations in the former Marrickville LGA and that site specific, sympathetic architectural/engineering form has not been demonstrated;

3. Notes that the design currently includes removal of one mature Syzigium (Lilly Pilly, 2.3m trunk diameter, 10m high) and 5 small Orange Jessamine shrubs to accommodate the lift shaft on platform 3;

4. Notes that the lift locations proposed show small side tunnels to reach the lifts rather than opening directly into the underpass;

5. Notes that there is no canopy proposed over the stairs to the underpass on platform 3;

6. Notes the level of graffiti along the walls owned by Transport for NSW along the railway on Trafalgar St, Stanmore;

7. Agree to write to the Minister for Transport and Transport for NSW seeking a revised design which:

a) accommodates retention of the mature Lilly Pilly;

b) if that is not possible, commits to new large sapling plantings as replacements;

c) has the lifts opening directly on to the underpass;

d) includes an additional canopy to cover the stairs to the underpass on platform 3;

e) includes a mural or vertical gardens to be installed on the walls along Trafalgar Street, Stanmore, to be paid for by Transport for NSW;

f) defaults the traffic lights at the Trafalgar St entrance to the station to pedestrians, with cars needing to trigger a change of lights to pass; and

g) That an on-site meeting with TFNSW occur as soon as possible to clarify all issues and better inform ongoing design development.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 12 Notice of Motion: Gender Inclusion

Motion: (Atkins/Howard)

That Council:

1. Acknowledges the fundamental right of all people to live free from discrimination and condemns any attempt to target, exploit or entrench discrimination against transgender and gender diverse people in our parliaments or in the community;

2. Commits to sport for everyone; assures the diverse Inner West community that it does not support the blanket banning of transgender athletes in all settings; and supports and encourages those sporting organisations in the Inner West seeking to be more inclusive;

3. Reaffirms its commitment to providing safe and accessible gender neutral public toilets as set out in the Public Toilet Strategy;

4. Calls on the NSW Government to amend the Birth, Deaths and Marriages Registration Act 1995 to enable legal gender recognition without the requirement of surgical intervention; and

5. Consults with the LGBTQ working group about hosting events and actions to mark Transgender Day of Visibility and Transgender Day of Remembrance.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 13 Notice of Motion: Affordable Housing Contribution Scheme and
an audit of Council land for affordable housing

Motion: (Griffiths/Smith)

That Council:

1. Audit public Council land that could be used by Council, in partnership with community housing providers, to develop new Affordable Housing units;

2. Pursue the development and approval of an Affordable Housing Contribution Scheme in this term of Council; and

3. Receive a briefing on the results of point 1, potential sites where an Affordable Housing Contribution Scheme could be implemented, and any prospective updates to Council's Affordable Housing policy.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 14 Notice of Motion: Rainbow Pathway For World Pride

Motion: (Lockie/Atkins)

That Council:

1. Commences immediate planning work with its LGBTQ Working Group to deliver a rainbow pathway in Newtown in time for World Pride 2023, noting that the proposal will be put to the community for consultation before it is implemented;

2. Notes that initial discussions with the LGBTQ Working Group and Council staff have raised several viable options, including lighting one of the existing pathways in Camperdown Memorial Rest Park with rainbow lights; painting one of the existing pathways in this park in rainbow colours; or a painting a rainbow pathway outside Newtown Town Hall;

3. Looks to incorporate elements that would share and celebrate our LGBTQ history as part of the project;

4. Develops options for funding this initiative as part of the 2022/23 Budget;

5. Submit a request to the Geographical Names Board to rename the public square outside Newtown Town Hall "Pride Square" in advance of Sydney World Pride; and

6. Establish a World Pride Committee for the period of a year, tasked with working towards including Inner West Council venues and programs in Sydney World Pride, consisting of 3 councillors (Chair: Deputy Mayor Jessica D'Arienzo, Clr Pauline Lockie and Clr Liz Atkins), 2 representatives of the LGBTQ working group and relevant staff.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 15       Notice of Motion: Annette Kellerman and Fanny Durack Aquatic
         Centres: Transition to Council management, current Belgravia
         staff, and recruitment

Motion: (Griffiths/Smith)

That Council:

1. Note Annette Kellerman and Fanny Durack Aquatic Centres are due to return to Council management on the 1st of July 2022;

2. Note that the staff at these facilities continue to make an immense contribution to the Inner West community;

3. Officers investigate the prospect of recognising service of current Annette Kellerman and Fanny Durack staff for purposes of the local government award; and

4. Produce a report to the April 2022 Council meeting outlining the transition process.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 16 Notice of Motion: Dulwich Hill Station Crossing

Motion: (Griffiths/D’Arienzo)

That:

1. Council note there is significant community support for works that will increase safety at the intersection of Wardell Rd and Dudley St including the Dulwich Hill station crossing (Wardell Road / Dudley Street);

2. Council note the council has approved a raised, signalised intersection at Wardell Road / Dudley Street which is pending final approval from Transport NSW;

3. The works for this intersection are a council priority;

4. The Mayor write to the relevant minister addressing this motion and advocating for approval of traffic improvements currently awaiting assessment by Transport for NSW; and

5. Council receive a briefing on whether there are other significant traffic improvement works across the Local Government Area, including in the Dulwich Hill station precinct, which are currently behind schedule because they are awaiting Transport for NSW approval, or other issues.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 17 Notice of Motion: Demerger of Inner West Council

Motion: (Langford/Stamolis)

That:

1. A timeline be developed for preparation of the business case for demerger;

2. Council receive a progress report at each Council meeting on preparation of the business case for demerger, the first in April 2022 to include the above timeline, required resources, and proposals for involving the community; and

3. A regular update on the demerger be included in the Inner West News.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

C0322(1) Item 18 Notice of Motion: Consultation on Projects of Significant Interest

Motion: (D’Arienzo/Shetty)

That Council:

1. Commits to community consultation and will develop consultation plans that include a range of mediums to improve accessibility and to encourage engagement and participation across our broad and diverse community; and

2. Develops a consultation plan for projects of significant community interest, inclusive of public community forums attended by the Executive team, to provide whole of council approach to the project, discuss local issues, encourage open community dialogue and identify preferred solutions.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 19 Notice of Motion: Railway Terrace and West Street Petersham
Intersection

Motion: (Smith/Atkins)

That Council:

1. Notes the serious concerns of residents, particularly parents and caregivers of local school children, about safety issues at the Railway Terrace and West Street, Petersham intersection, and their long-term campaigning on this issue;

2. Notes the recent on-site meeting on 23 February 2022 between representatives of Inner West Council, Transport for NSW, the Office of Jo Haylen, Member for Summer Hill, Petersham Public School, and Petersham Public School P&C, which resulted in the following:

a) Further investigation by Transport for NSW into the possibility of a school crossing supervisor at the site to reinforce driver compliance and reduce danger to pedestrians, and

b) Discussion of long-term options for addressing safety concerns, including possible investigation to install a scramble crossing to reduce the amount of times pedestrians are required to cross at the busy intersection.

3. Notes that two thirds of children are now driven to school, compared to 70% who walked or rode a bike to school 40 years ago, and that encouraging more families to take active transport to and from school will help reduce congestion, improve public health, reduce emissions, and improve air quality;

4. Notes that Inner West Council is committed to supporting interconnected active transport networks and walkability as per Strategic Direction 2 and Strategic Direction 4 of the Community Strategic Plan;

5. Writes to the Minister for Metropolitan Roads concerning safety issues at the Railway Terrace and West Street, Petersham intersection, requesting immediate investigation of the options discussed at the 23 February 2022 meeting and that a prompt update be provided on what is being done to address the concerns of residents; and

6. Commits to working with local schools, P&Cs, and residents on measures to support safe walking and cycling to and from schools, and commences immediate planning work to identify and cost potential safety measures for implementation as part of the 2022-23 budget.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 20 Notice of Motion: Inner West Council Anti-Racism Strategy

Motion: (Howard/Lockie)

That Council:

1. Acknowledges racism exists in all communities and that councils have a role and responsibility to confront and eliminate it;

2. Develop a local Inner West Council Anti-Racism Strategy by engaging a reputable third party and in consultation with the Inner West Council Multicultural Advisory Committee and Inner West Multicultural Network; and

3. Continues to host and/or support events on the International Day for the Elimination of Racial Discrimination.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Confidential Session

Motion: (Lockie/Da Cruz)

That Council enter into Confidential session.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

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:

C0322(1) Item 23 RFT 06-21 Greenway In-Corridor Works Design and Construction
Tender Further Advice (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.

C0322(1) Item 24 Licence of Leichhardt Oval to Counter Ruck 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.

C0322(1) Item 25 Licence of Leichhardt Oval to Waratahs Rugby 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.

Motion: (Da Cruz/Smith)

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

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Reports with Confidential Information

C0322(1) Item 23 RFT 06-21 Greenway In-Corridor Works Design and Construction
Tender Further Advice

Motion: (Drury/Stephens)

That:

1. In accordance with Clause 178(1)(b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders due to the tendered prices being above the allocated budget;

2. In accordance with Clause 178(3)(e) of the Local Government (General) Regulation 2005, enter into negotiations with one or more of the tenderers with a view to entering into a contract with one or more of these parties for the staged delivery of the Greenway In-Corridor D&C works, as set out in the report, subject to Council receiving a works access deed from Transport for NSW that is substantially complete and with terms satisfactory to Council;

3. The works be staged as follows: Stage 1 is to include design and construction of the Central Links and design (only) of the Southern Links; and Stage 2 is to include construction of the southern links subject to successfully receiving grant funding. The scope is to be generally in accordance with Scenario 2 for both the Central and Southern Links, as set out in the report;

4. Pending completion of negotiations with the tenderers under resolution 2 and 3 above on terms satisfactory to Council, Council delegate authority to the General Manager to enter into a Contract (or Contracts) for the Greenway In-Corridor D&C works;

5. Council allocates an additional $3,400,000 (excluding GST) funding from Council parks forward works budgets to the Greenway project;

6. Council engages the Department of Regional NSW, Public Works Advisory, to perform a Project Assurance and Advisory role in relation to the Greenway; and

7. The advisor will:

a) produce a monthly report on the progress of the project with emphasis on risk management, budget issues, meeting key and critical milestones, and how the project risk issues could be mitigated;

b) Provide advice on contract negotiations;

c) assist Council and contractor with securing the necessary approvals to complete the project; and

d) report to the General Manager, Audit, Risk and Improvement Committee (ARIC) and a Major Capital Projects Committee.

8. Council receive quarterly progress reports covering project assurance, risks and mitigation.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 24 Licence of Leichhardt Oval to Counter Ruck Pty Ltd

Motion: (Drury/Scott)

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 Counter Ruck Australia Pty Ltd (Counter Ruck) for rugby matches and training for the Fijian Drua rugby team; and

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

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

C0322(1) Item 25 Licence of Leichhardt Oval to Waratahs Rugby Pty Ltd

Motion: (Drury/Scott)

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

1. Resolves to grant a one-year temporary licence (Licence) of Leichhardt Park Oval No.1 to Waratahs Rugby Pty Ltd (the Waratahs) for rugby matches and training; and

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

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

Procedural Motion (Byrne/Lockie)

That the Councillor Representation – Sydney Eastern City Planning Panel be considered urgently.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion: Nil

The Chair, Councillor Byrne ruled this matter urgent.

Motion: (Byrne/Scott)

That Council Officers appoint two (2) alternate external members to the Sydney Eastern City Planning Panel.

Motion Carried

For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Howard, Langford, Lockie, Scott, Shetty, Smith, Stephens and Tsardoulias

Against Motion: Crs Griffiths and Stamolis

Amendment (Griffiths/Stamolis)

That the following wording be added to the end of the motion ‘for the Tempe Bunnings matter’.

Motion Lost

For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis

Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias

Meeting closed at 10.35pm.

Public Speakers:

Item #	Speaker	Suburb
Item 1:	Belinda Daly	Lilyfield
Item 3:	Chris Hanson Lisa Saunders Marina Antoniozzi	Little Bay Marrickville Erskineville
Item12:	Jody Toomey Evan Gray	Dulwich Hill Marrickville
Item 13:	Ben McGowan John Engeler	Marrickville Sydney
Item 15:	Dominic Thomas Adam Tanazefti	Dulwich Hill Croydon
Item 16:	Mark Skelsey	Dulwich Hill
Item 17:	Alice Kershaw	Rozelle
Item 20:	Yiana Roumeliotis Kween Kibone Wael Sabri	Carlton Marrickville Marrickville

Unconfirmed minutes of the Ordinary Council meeting held on 8 March 2022.

Council Meeting

12 April 2022

Item No: C0422(1) Item 1

Subject: Community Strategic Plan 2036, Delivery Program 2022-26, Operational Plan and Budget 2022-23, and Long-Term Financial Plan 2022-32 – drafts for public exhibition

Prepared By: Prue Foreman - Communications and Engagement Manager and Daryl Jackson - Chief Financial Officer

Authorised By: Beau-Jane De Costa - Acting Director Corporate

RECOMMENDATION

That Council:

1. Endorse for public exhibition of 28 days the:

· Draft Community Strategic Plan – Our Inner West 2036

· Draft Delivery Program 2022-26, Operational Plan and Budget 2022-2023 (including fees and charges 2022-2023)

· Draft Long-Term Financial Plan 2022-2032

2. Apply for a permanent additional special variation under section 508(2) of the Local Government Act noting that:

· the additional income that Council will receive if the additional special variation is approved is $879k

· the additional special variation is required to meet Council’s obligations as identified in the draft Long Term Financial Plan 2022-2032 and resource the commitments of the draft Delivery Program

· Council has considered the impact on ratepayers and the community in 2022-23 and in future years and considers that it is reasonable

· Note that the IPART rate peg of 1.3% created significant financial stress for several councils and the additional special variation process allows Council to collect rates in line with last year’s long term financial plan.

3. Endorse the proposed amendment to the adopted Residential and Business - General Rates Harmonisation transition timeline to end in July 2025 instead of July 2029; and

4. Receive a report of the public exhibition outcomes at the June Council meeting.

DISCUSSION

Integrated Planning and Reporting

Under the Local Government Act, councils are required to develop a suite of plans as part of the ‘Integrated Planning and Reporting Framework’ (IP&R). IP&R is a rigorous and consistent system of community planning across all NSW local councils which also takes into consideration state and regional priorities.

IP&R assists councils in delivering their community’s vision through long, medium and short term plans. Three components of the suite must be publicly exhibited for community comment:

· The Community Strategic Plan (CSP), Our Inner West 2036, identifies the community’s vision for the future, long term outcomes, and strategies to get there. Although Council takes the lead in developing the plan on behalf of the community, many partners are required to achieve the vision. The CSP is reviewed after every council election.

· The Delivery Program 2022-2026 outlines Council’s commitment to achieving the outcomes and strategies of the CSP, during its term of office. The one-year Operational Plan contains detailed actions for the year, and the Statement of Revenue Policy. The Delivery Program/Operational Plan is reviewed and updated annually.

· The Long Term Financial Plan (LTFP) sets out the ten year budget forecast, underlying assumptions, sensitivity analysis, financial modelling for possible scenarios and methods of monitoring financial performance. The LTFP is reviewed and updated annually.

Community engagement

The CSP has been shaped, reviewed and refined by a large and diverse range of people, across all age groups, geographic areas, cultures and languages. Input from over 7,000 people, over 18 months, determined the vision and strategic directions of the Community Strategic Plan, before it was first adopted in June 2018. Over the past four years, extensive community consultation and engagement has continued to inform Council’s priorities, through the development of 15 strategic plans.

In 2021 and early 2022 specific community engagement took place to update the CSP and inform the development of the newly elected Council’s Delivery Program. Community, key stakeholders and partners reviewed the strategic directions and outcomes, submitted their top priorities and listed what makes the Inner West unique. This feedback was collated, analysed and themed, and informed the draft documents that are the subject of this report. The full community engagement outcomes report is attached.

Under the Local Government Act, the draft documents are required to be publicly exhibited for a minimum of 28 days. The draft documents will be available for viewing at Council’s service centres, libraries (Balmain, Haberfield, Marrickville and St Peters) and online at Your Say Inner West.

Following public exhibition, all community comments will be analysed, and adjustments made to the draft documents if required for the elected Council’s consideration. Community input and final drafts will be reported to Council at its meeting in June.

The public exhibition will be promoted through Council’s communication channels. Everyone who provided input during the preliminary engagement stage will be notified of the public exhibition and invited to review the draft documents.

Operational Plan and Budget 2022-2023 (including fees and charges 2022-2023) & LTFP 2022-32

Parts three and four of the plan provide details about the draft budget and rating for 2022/23 to 2025/26, and draft Fees & Charges for 2022/23.

In 2022/23, Council is budgeting for a deficit of $0.7m (before capital grants and contributions), with the key drivers of the budget including:

· An application to IPART for the reinstatement of the adopted 2021/22 10-Year Long Term Financial Plan (LTFP) rate peg of 2% in line with the Local Government offering

· Continued draw down of the Domestic Waste Management reserve.

· Fees and Charges indexed at 2% and over LTFP unless stated otherwise.

· Increase of salaries and wages by 2.5% in line with the award.

· Including adequate budget for the maintenance of Council facilities under its control.

In future years, Council is budgeting a surplus predominately due to recognition of property acquisition income for a full year. Future years surplus are as follows:

· 2023/24 $2.2m surplus

· 2024/25 $1.6m surplus

· 2025/26 $2.4m surplus

In 2022/23, Council is budgeting to spend $171.5m on capital expenditure. Whilst continuing to maintain a high renewal of infrastructure of Council assets, other main projects include:

· Acquisition of a replacement investment property for Tyne Container $80.9m

· Greenway Program

· Town Centres Renewal

· Leichhardt Park Aquatic Centre Major Project

· Livingstone Rd Bike Route

· Lilyfield Cycleway

· Longport Street to Elizabeth Street cycleway

· Urban Amenity Improvement Program

In 2023/24 capital expenditure for future years are:

· 2023/24 $107.0m surplus

· 2024/25 $56.5m surplus

· 2025/26 $54.1m surplus

Part four provides details regarding the draft Fees & Charges for 2022/23. The draft Fees & Charges for 2022/23 provide for a general increase of 2.0%. Select fees have varied from the standard increase after considering other factors such as community benefits and costs of providing services. An example of Fees & Charges increasing higher than the 2.0% include Child Care, where fees have not increased in the past two financial years and are increasing to 3.0% to recover costs for providing the service but not recovering full cost of service. Statutory fees are as per determination. Council’s Fees & Charges have been classified under directors and service units. Attachment 7 includes a list of Fees & Charges that are new, deleted, change of wording or have increased/decreased by more than 2%.

The draft Long-Term Financial Plan for 2022-2032 sets out two scenarios that each, at the very least, maintain current service levels and establish a balanced budget. These are:

· Scenario 1 – Business as Usual, maintain existing service levels

· Scenario 2 – Addresses the Infrastructure Asset Renewal Backlog

Additional Special Variation

Local Government elections delayed IPART’s announcement of the 2022/23 rate peg which was 1.3% for Inner West Council. The low rate peg created significant stress for several councils which had planned and budgeted for a higher rate peg. As a result, the NSW Government released an additional special variation process for 2022/23, as outlined in the attached Council Circular of 7 March 2022.

This presents Council with a one-time opportunity to apply to IPART to re-establish the 2% rate peg as reflected in the 2021/22 LTFP for the 2022/23 financial year only, on a permanent basis. This will deliver rates income of $127.9m for the 2022/23 financial year which equates to an increase of $879k.

A Council resolution is required to make an application to IPART for the one-time additional special variation. Without the additional special variation, Council will not have sufficient funds to meet its obligations as identified in the draft Long Term Financial Plan 2022-2032 and will not meet the commitments outlined in the draft Delivery Program 2022-2026.

IPART will not require councils to demonstrate community consultation outside of the IP&R processes outlined above. IPART has advised that it will consider Council’s community engagement undertaken through the IP&R process and the resolution to apply for a ASV to meet the requirements.

Applications close on 29 April 2022. IPART will publish applications and consult the community for three weeks. IPART will notify Council of its decision by 21 June 2022.

Rates Harmonisation

During the council amalgamation process, section 218CB was inserted into the Local Government Act 1993 (the Act). This essentially was a transitional provision, requiring all amalgamated Councils to continue their existing pre-amalgamated rating structures for a period of four years from 1 July 2016 through until 30 June 2020. The NSW Government then amended the Act again, further extending this deadline until 30 June 2021.

When section 218CB expired on 30 June 2021 and lifted the freeze on rates, Council was required to adopt a harmonised rating structure commencing 1 July 2021.

On 13 May 2021, the NSW Parliament passed the Local Government Amendment Act 2021 (Amendment Act). This Amendment Act allowed councils to adopt a transition plan over a maximum of eight years which would enable transition to the final preferred rating structure acting to ‘smooth out’ both positive and negative impacts to ratepayers.

The Amendment Act provided greater flexibility for the councils that were formed in 2016 as they prepared to harmonise rates from 1 July 2021. Specifically, that councils could choose, in consultation with their communities, to harmonise their rating structures gradually over up to eight years. Councils that chose to take up this option must apply no more than 50% of the total increase in rates for each rating category over the period, in any one year.

Council commenced harmonising its rating structure on 1 July 2021, as required, with an eight year transition plan. The community consultation was based on council staff recommendation of full (100%) transition to the new rating structure on 1 July 2021. This change caused a number of ratepayers in higher land value areas of the Inner West to contact Council questioning and validating their rates notices received. In most cases, these ratepayers were expecting a reduction in rates charged but received an increase due to the adopted eight year transition plan.

The aim of reducing the transition plan, to four years in total ending July 2025, is to address the current rates imbalance and bring about fairness and equity for all ratepayers, as well as balance the future needs of the community and maintain the financial health and stability of Council.

Home and business owners currently pay different rates depending on where they live in the Inner West LGA. We share the parks, the pools, the libraries and the roads, so it is only fair that everyone contributes equally to the cost of the facilities.

The following graphs are examples based on a land value of $1m reflecting the current rates by the legacy councils (Ashfield, Leichhardt and Marrickville) and the harmonised rate to illustrate the imbalance between the former Ashfield, Leichhardt and Marrickville areas until harmonisation is achieved. The information used in this example excludes a year-on-year Rates peg increase, and/or any future land revaluation by the Valuer General (to be issued later in 2022).

Current and Proposed Harmonised Rate example using $1m Land Value

Proposed amendment

It is proposed to reduce the transition plan to a total of four years, ending July 2025 in place of the adopted eight years transition which ends in July 2029. This will achieve a harmonised rating structure over the next three years which will reduce any impact to those higher land value ratepayers in parts of the Inner West.

Residential

Analysis highlighted that land value variations between the former councils, along with the 2019 revaluation has had a significant impact on all proposed rating structure.

Consideration was given to:

· Council’s property profile and continued growth

· the need to maintain a similar level of rating equity across all property forms and values

· a simple and easy to understand rating structure.

The impact on income from moving to a four year transition plan, is illustrated in the following tables:

Table 1 - Residential Rates Income by Former Council

Figure 1 - Residential Rates Income 4 (Four) Year Transition

To understand the degree of impact the following table illustrates the range in dollar changes across the Inner West Council residential assessments:

Table 2 - Dollar Range Analysis by Assessment Numbers

The following table illustrates the range in dollar changes across the former Councils residential assessments for the recommendation:

Table 3 - Former Council Dollar Range Analysis by Assessment Numbers

Business General

Consideration was given to:

· Maintaining a similar level of rating equity across all property forms and values; and

· A simple and easy to understand rating structure.

The impact on income is illustrated in the following table:

Table 4 - Business General Income by Former Council

Figure 2 – Business General Rates Income 4 (Four) Year Transition

To understand the degree of impact the following table illustrates the range in dollar changes across the Inner West Council business general assessments:

Table 5 – Dollar Range Analysis by Assessment Numbers

The following table illustrates the range in dollar changes across the former Councils business general assessments for the recommendation:

Table 6 – Former Council Dollar Range Analysis by Assessment Numbers

FINANCIAL IMPLICATIONS

Council’s commitments in the Community Strategic Plan, Delivery Program and Operational Plan are resourced as outlined in the annual budget and Long Term Financial Plan.

The one-time Additional Special Variation adjustment will deliver $879k of additional rates income and will be used to fund Delivery Program commitments, in accordance with last years adopted Long Term Financial Plan.

ATTACHMENTS

1.⇩	Draft Community Strategic Plan – Our Inner West 2036
2.⇩	Draft Delivery Program 2022-2026, Operational Plan and Budget 2022-2023
3.⇩	Draft Long-Term Financial Plan 2022-2032
4.⇩	Draft Fees and Charges 2022-2023
5.⇩	Engagement Outcomes Report
6.⇩	Office of Local Government Circular 0-38 Special Rate Variation and Minimum Rate Variation Guideline and Process
7.⇩	Changes in Fees and Charges 2022-23

Council Meeting

12 April 2022

Item No: C0422(1) Item 13

Subject: Henson Park Update

Prepared By: Matthew Pearce - General Counsel

Authorised By: Peter Gainsford - General Manager

RECOMMENDATION

That Council receive and note the report.

DISCUSSION

History and Background

Henson Park is a large public park (4.9 hectares) within the Council’s LGA situated in the suburb of Marrickville (the Park). It contains a sports ground, grandstand, tennis courts, car park, children’s playground and dog off leash area. The Park is owned by the Council and classified as community land. The Park is one of two elite level sporting grounds within the LGA, the other being Leichhardt Oval which also holds premier sporting events.

The AFL (NSW/ACT) Commission Limited (AFL) and Newtown Rugby League Football Club (Newtown Jets) have an agreement for exclusive use of the Park for only match play and training during the winter season until 2025. These agreements followed the upgrading of lighting at the Park for matches after contributions by the AFL and Newtown Jets.

There are current lease arrangements with the Marrickville and District Hardcourt Tennis Club Limited for the tennis courts and clubhouse and Telstra for a telecommunications tower. There are easements over part of the Park for utility and cabling services with Telstra and Ausgrid.

In 2021, the Sydney Swans were successful in being granted entry into the Australian Football League Women’s Competition in Sydney for 2022. The Women’s Competition is to be conducted during the sporting summer season and the ALF seek to use the Park as a venue for its Women’s team. The AFL approached Council in respect of further upgrading the Park. The AFL proposed to partner with Council and the Newtown Jets to upgrade the grandstand known as King George V Memorial Grandstand, to improve the facilities and the general amenity of Park and to seek a nonexclusive licence for match play and training at no cost for a period of 21 years (the Project). The AFL have estimated the cost of the Project to be $7M to $10M and it is proposed by the AFL that the funding sources will be:

· State Multisport Grant - $5M (paid from the State to AFL - $2.5M and paid in kind through AFL carrying out the construction works – another $2.5M)

· AFL contribution - $2.5M

· Inner West Council - $500,000 capped (on the basis of a Council resolution dated 26 October 2021.

It is proposed by the AFL that the construction is to be by way of a construction licence. It is not proposed by the AFL that Newtown Jets will make any financial contribution to the Project nor undertaken any construction.

At its meeting on 26 October 2021, the Council resolved the following:

1. Council endorse the proposed redevelopment of the Park Grandstand and supporting amenities;

2. Council Officers consult with the Office of Local Government about the appropriate type of agreement for the implementation of the Project and report back to Council;

3. Council endorse the provision of Owner’s Consent for lodgment of the Development Application;

4. Council staff work with AFL and the Newtown Jets to enable the lodgment of the Development Application;

5. Council endorse the Heads of Agreement Principles as outlined in the Report;

6. Council staff work with AFL and the Jets to assist in the lodgment of any applicable grant applications;

7. Council staff work with AFL and the Jets to prepare Agreement to lease and lease documents, which includes ongoing community access to the Park;

8. Any future Heads of Agreement include a key principle on the continuation, promotion and facilitation of junior rugby league and AFL sporting activities at the Park;

9. To provide security and clarity around future use for both sporting codes and the general community, Council cap future ticketed games at 20 ticketed games per sporting per sporting code;

10. Given Council’s recent $2.6M investment in the Park sporting ground upgrade program it is recommended that Council cap its contribution to any future construction project to $500,000;

11. Any request by the relevant clubs for additional hours of exclusive use be referred to Councillors for consideration. That this condition be noted in the Heads of Agreement and lease agreements;

12. Council welcome the announcement by the AFL that the Sydney Swans will be admitted to the AFLW League;

13. Council recommit to hosting the Newtown Jets and Sydney Swans Women’s professional sporting teams at the Park and seek to make the ground an official home ground for the Swan’s Women’s team;

The following actions have occurred this year:

· Council has formally written to the AFL welcoming the announcement by the AFL that the Sydney Swans will be admitted to the Women’s League. Council has also recommitted its support for girls and women’s sporting activities at the Park.

· Council has assisted the AFL in preparing and lodging the State Grant Application for funding of the upgrade of Henson Park. The Application was lodged at the end of February 2022 and seeks a grant of $2.5M;

· The AFL has lodged a Development Application (DA) with Council for the upgrade of the facilities and amenity of the Park. The DA has been notified and also referred to an external consultant planner to assess and prepare a report to the Local Planning Panel for determination. The DA will likely be determined in or around June/July 2022;

· Council has prepared a Heads of Agreement in respect of the core commercial terms for a Development Agreement and Licence for Use. The AFL is currently reviewing this Agreement and Licence;

· A market valuation is being obtained in respect of the licence fee for the use of Henson Park over a 21-year period which the AFL seeks for match plays and training;

· A Project Group has been established comprising of various Council Officers and representatives of the ALF and Newtown Jets to co-ordinate the Project; and

· An internal Steering Committee has been established to co-ordinate internal processes and to periodically report to Council on the progress of the Project.

Is the Project a PPP?

Councils must consider whether a project with an external entity is a PPP. If a project is considered a PPP, a council must not enter into a PPP nor carry out a PPP without the assessment and approval from the Office of Local Government (OLG). In determining whether a project is a PPP reference is made to section 400B(1) of the Local Government Act 1993 (Act) which defines a PPP as follows:

“public-private partnership” means an arrangement –

(a) Between council and a private person to provide public infrastructure or facilities (being infrastructure or facilities in respect of which the council has an interest, liability or responsibility under the arrangement), and

(b) In which the public infrastructure or facilities are provided in part or in whole through private sector funding, ownership or control.

But does not include any such arrangement if it is a class that has been excluded by the operation of this Part or the regulations.”

The Local Government (General) Regulation 2021 allows for certain exceptions to PPP arrangements. Clause 408 states:

“For the purposes of section 400B(1) of the Act, the following arrangements are excluded from the operation of Part 6 of Chapter 12 of the Act –

(a) Any contract between a council and a private person that would, but for a resolution of the council to enter into a public-private partnership, be subject to the tendering requirements under section 55 of the Act;

(b) Any arrangement arising out of the operation of Division 7.1 of the Environmental Planning and Assessment Act 1979 [Infrastructure/Development Contributions];

(c) Any arrangement arising out of the imposition by a council of a requirement under section 306 of the Water Management Act 2000 (applying to council by virtue of section 64 of the Act).”

It is noted that the current Project proposed by the AFL provides for the following:

· The involvement of private persons, being the AFL and the Newtown Jets;

· The provision of public infrastructure, being the refurbishment and upgrade of the facilities at the Park;

· The financing of a private nature of the Park upgrade by a private person being the AFL; and

· A reliance by the AFL on licences for construction and exclusive use which are not considered to be exempt arrangements under the Regulation.

Council therefore considers that the Project is a PPP and as such it must comply with the Local Government Guidelines concerning such partnerships: section 400E. This will involve a detailed submission to the OLG in accordance with the Guidelines. The documentation required for the submission will include a risk assessment analysis, probity plan and proposed contractual documents. The role of the OLG is to assess and determine if the Project is a significant or of high risk: section 400F(2). Council considers that the Project as a PPP is of low risk and as such Council can proceed with the Project on the basis that it complies with the Guidelines as they relate to low-risk arrangements.

Council has obtained privileged legal advice that the Project is a PPP. The Council has also sought advice from the OLG which, in reply, has advised that “from the project description provided there are factors that indicate the project may be a PPP.”

The AFL have taken issue as to whether the Project is in fact a PPP. A legal advice has been provided to Council by the AFL which states that the AFL, despite being a private person, is not providing private sector funding but rather “non-profit sector funding” and as such the Project is not considered a PPP. This advice (with the consent of the AFL) has been forwarded to the OLG to seek a definitive answer as to whether the Project is a PPP. On 4 April 2022, Council received an email advice from the OLG expressing the view that the Project is more than likely a PPP, a copy of the OLG advice is attached.

What needs to be done?

Assuming that the Project is a PPP, the following needs to be undertaken by Council:

· A submission to the OLG must be prepared addressing the Guidelines (assuming the low-risk scenario);

· A risk assessment/management plan dealing with matters relating to site, construction and financial risks must be prepared;

· A probity adviser must be appointed to ensure transparency, integrity and accountability of the Project and the involvement of parties;

· The commercial terms of the Development Agreement and Licence for Use requires agreement through a Heads of Agreement;

· A project manager must be appointed by Council to be responsible for delivery of the Project; and

· Various Council resolutions are required to be obtained including a resolution setting out a clear statement of the Projects outcomes and deliverables and certification that the assessment of the Project against the Guidelines has been prepared in accordance with the Guidelines.

FINANCIAL IMPLICATIONS

Nil

ATTACHMENTS

1.⇩

Reply from Office of Local Government

Council Meeting

12 April 2022

Item No: C0422(1) Item 33

Subject: Question on Notice: Development Assessment Processing times

From: Councillor John Stamolis

Development Assessment (DA) processing is an important function of Council and is regularly addressed by candidates as an election priority.

To assist with public accountability, answers to the following questions would be appreciated.

Question

How are DA processing times calculated?

Answer

DA processing times are calculated in the following manner which are reported to the Department of Planning and Environment (DPE) for each financial year:

DA Gross Average Processing Times: This is calculated between a set period (eg a financial year) of the gross average determination timeframe for Development Applications (DAs). The determination timeframe is measured between the date the application is formally accepted by Council (ie upon Council accepting DA fee payment by the applicant) and determined by Council or relevant planning panel. This excludes withdrawn/rejected/cancelled applications and applications that are subject to an appeal.

It is referred to as GROSS as it includes those days spent waiting for applicants to provide essential additional information – even if “stop the clock” is applicable.

DA Median Processing Times: This is calculated between a set period (eg a financial year) of the median determination timeframe for DAs. The determination timeframe is measured between the date the application is formally accepted by Council (ie upon Council accepting DA fee payment by the applicant) and determined by Council or relevant planning panel. This excludes withdrawn/rejected/cancelled applications and applications that are subject to an appeal.

Question

Applicants generally think that DA processing time commences once the DA is lodged and uploaded to the portal. Is this correct?

Answer

No, the DA processing time commences when the DA fee is paid, payment of the fee is “lodgement” – first the application is reviewed by Council, once it is in an acceptable form in accordance with the EP&A Regulations it is transferred from the NSW Planning Portal to Council’s Property & Rating system, an invoice is issued and once the DA fee payment by the applicant to Council is made the DA is lodged and the day count commences.

This is not well understood by the casual user such as resident applicants, who often confuse finishing the upload of documents and information onto the portal as “lodging” although professional applicants are aware of the regulations and definitions around this issue.

Question

Is the time taken for Council to review the DA and send an invoice included in the counting of the DA processing time?

Answer

No, this does not form part of the DA processing timeframe as the application has not been formally ‘accepted” by Council.

Question

How is the “stop the clock” administered?

Answer

“Stop the clock” is only administered when Council is seeking additional information from the applicant and hypothetically the DA processing time frame is ceased. This has no bearing on calculating the DA processing timeframes as these calculations are based on an end to end determination process including requesting additional information from applicants (as described above this is GROSS day count). The determination timeframe is measured between the date the application is formally accepted by Council (ie upon Council accepting DA fee payment by the applicant) and determined by Council or relevant planning panel.

Question

Does the DA processing time include withdrawn DAs?

Answer

Question

Can the following data be supplied:

Answer

	FY 2018-2019	FY2019-2020	FY2020-2021	FY2021-2022 (to date)
No. of DAs	1234	1100	1371	1016
No. of DAs Withdrawn	121	48	61	49

Average DA processing times	109.1	112.7	96.4	100.2
Median DA processing times	97.3	90.7	79	91.4

Average DA withdrawn processing times	90	117	88	84
Median DA withdrawn processing times	81	86	79	83

Council’s Development Assessment Section within this financial year (FY2021/2022) has seen:

· A 12% increase in DA lodgements as compared to previous years during the same period.

· A reduction in the lodgement of large-scale applications such as major mixed-use development proposals, however a steady stream of lodgements of medium to small scale applications such as works to single dwelling houses. This has been a trend in the past 2 years due to the impacts of Covid-19 on the property market.

· Service delivery has suffered due to staff vacancies and increased volume of application lodgements.

· Council’s Development Assessment Team have attempted to recruit, however due to a shortage of qualified/experienced planners throughout the industry Council are still engaged in recruitment for these vacant roles. This is an industry wide phenomenon, and a common issue across metro councils.

Question

What are the key measures that Council has taken since the merger to reduce DA processing times?

Some of the biggest reductions in DA processing times have been seen during Covid. How was this achieved?

Answer

The response to the above questions is interrelated. Further to the above to reduce DA processing timeframes Council has implemented the following measures since merger which facilitated the reduction during Covid:

· The implementation of the NSW eplanning program and Council’s One Council System which provides greater transparency and accountability in Council assessments of all applications to all stakeholders.

· The implementation of Council’s Development Advisory and Assessment Policy in relation to application lodgement and amended information lodgement requirements.

· The implementation of an internal acceleration panel consisting of Development Assessment staff and internal referral staff to meet on a weekly basis to review/monitor the progress of applications coming off public exhibition, identification of applications which can be ‘fast tracked’ and form a plan of action for determination of such applications.

· Conducting staff workshops to upskill internal staff to ensure efficient and quality assessment of applications.

· A full complement of staff with manageable workloads.

Question

Are there any data to indicate that Pre-DA’s make the DA assessment faster?

Answer

No data is available in relation to this aspect. However, the Pre-DA service is a useful tool that is used by 40% of DA applicants and it is strongly encouraged by the Department of Planning and Environment Best Practice Guidelines for Development Assessment.

Based on the above table, DAs being withdrawn has reduced over the years due to customers using Council’s Pre-DA service to work through technical issues prior to the lodgement of a DA.

Question

Does the data for approval times come from Councils’ internal records or via the NSW Planning Portal database?

Answer

Data currently is retrieved from Council’s internal systems. However, in the long term the Department of Planning and Environment has indicated they will be utilising the NSW planning Portal and has already commenced doing so across a number of reporting requirements such as the ABS building data.

ATTACHMENTS

Nil.

2022 Major Capital Projects Committee Meeting Dates
Meeting Date	Location
Major Capital Projects Meetings (meetings commence at 6:30pm unless otherwise advised)
Wednesday, 27 April 2022	TBD
Monday, 30 May 2022	TBD
Monday, 27 June 2022	TBD
Monday, 25 July 2022	TBD
Monday, 29 August 2022	TBD
Monday, 26 September 2022	TBD
Monday, 31 October 2022	TBD
Monday, 28 November 2022	TBD

Ward	Item
Baludarri (Balmain)	Beattie Street, Balmain (at Darling Street) - Proposed raised pedestrian crossing
Baludarri (Balmain)	Rozelle North Precinct Parking Study
Gulgadya (Leichhardt)	Elizabeth Street and Alt Street, Ashfield- Proposed new speed cushions and associated works at the roundabout intersection - DesignPlan 10197
	Church and Lucy Street, Ashfield - Intersection improvement works - Design Plan 10198
	Albion Street and Young Street, Annandale - Proposed stormwater drainage upgrade
	Trafalgar Street and Collins Street, Annandale - Proposed raised pedestrian crossings
	Annandale Street, Annandale (at Piper Street) - Proposed raised pedestrian crossing
	Leichhardt West Precinct Parking Study
	Johnston Street, Annandale - Proposed kerb blisters
	Fatality at Frederick Street, Ashfield crossing
	Safety at the intersection of Waratah Street and City West Link Haberfield
Midjuburi (Marrickville)	Byrnes Street, Marrickville and Trafalgar Street, Petersham - Dedicated car share parking restrictions
	Smidmore Street, Marrickville – ENRC/2022/0007 - Temporary full road closure for Marrickville Metro Market events on first weekend each month throughout 2022 and related temporary changes to Victoria Road kerbside parking restrictions to accommodate relocation of community bus
	Gannon Lane, Tempe – Proposed new kerb extension - Design Plan 10195
	Holbeach Avenue, Tempe – Temporary full road closures for MS Sydney to the Gong Bike Ride on Sunday 1 May 2022 –
	Warren Road, Marrickville one-way proposal update
Djarrawunang (Ashfield)	Proposed shared path between Longport Street and Grosvenor Crescent and Smith Street
	Thomas and Edwin Street, Croydon - Intersection improvement works – Design Plan 10199
	Speed limits in Summer Hill
Damun (Stanmore)	Byrnes Street, Marrickville and Trafalgar Street, Petersham - Dedicated car share parking restrictions
	Holt Street, Stanmore – Pedestrian safety improvement works – raised pedestrian crossing - Design Plan 10193
	Ongoing driveway obstruction in Alice Lane, Newtown
All Wards	Traffic Committee schedule update 2022
	30km/h speed zone trials
	Road safety around schools

Usage data 2019	AAC	LPAC	AKAC
Pool
Adult	Centre closed for renovation	69183	No data available
Pensioner	Centre closed for renovation	21829	No data available
Senior	Centre closed for renovation	16386	No data available

Gym
Adult	Centre closed for renovation	19206	No data available
Pensioner	Centre closed for renovation	216	No data available
Senior	Centre closed for renovation	5612	No data available

Usage data 2021	AAC	LPAC	AKAC
Pool
Adult	31904	26345	28601
Pensioner	6196	4406	3409
Senior	5011 (includes student)	2111	988

Gym
Adult	6535	7332	8619
Pensioner	70	99	111
Senior	27	3023	11

1.⇩	Minutes of the Audit, Risk and Improvement Committee Meeting on 20 October 2021
2.⇩	Minutes of the Audit, Risk and Improvement Committee Meeting on 17 November 2021

1.⇩	Open and Creative Inner West Planning Proposal (December 2020)
2.⇩	Council submission to DPE regarding Fun SEPP (November 2021)
3.⇩	Department of Planning and Environment Letter - Open and Creative Inner West Planning Proposal

1.⇩	IWC Investment Report - February 2022
2.⇩	IWC Economic & Investment Portfolio Commentary - February 2022

Position	Incumbent	Date Received
Councillor	Timothy Stephens	6 January 2022
Councillor	Mathew Howard	10 January 2022
Councillor	Zoi Tsardoulias	28 January 2022
Councillor	Philippa Scott	29 January 2022
Councillor	Liz Atkins	7 February 2022
Councillor	Kobi Shetty	14 March 2022
Councillor	Chloe Smith	18 March 2022
Councillor	Jessica D’Arienzo	21 March 2022
Councillor	Justine Langford	21 March 2022
Councillor	Dylan Griffiths	22 March 2022

Senior Staff
General Counsel	Matthew Pearce	12 January 2022
Director Planning	Simone Plummer	11 March 2022
Director Community	Ruth Callaghan	18 March 2022
Acting Director Corporate	Beau-Jane De Costa	29 March 2022

1.⇩	Traffic Lights Frederick John Street petition letter Inner West Councillors
2.⇩	Traffic Lights for Frederick John Street petition comments - Names redacted
3.⇩	Traffic Lights for Frederick John Streets petition signatures 4pm 31 March 2022 - Names Redacted

1.	Confidential Attachment - Tender Evaluation Report - Confidential This attachment is confidential in accordance to 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.
2.	Confidential Attachment - Tender Evaluation Scoresheet - Confidential This attachment is confidential in accordance to 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.
3.	Confidential Attachment - Parking Meter Compliance Advice and Interim Arrangements - Confidential This attachment is confidential in accordance to 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.
4.⇩	Communications and engagement plan