AGENDA R

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council Meeting

                            

TUESDAY 13 SEPTEMBER 2022

 

6.30pm


Council Meeting

13 September 2022

 

Live Streaming of Council Meeting

 

In the spirit of open, accessible and transparent government, this meeting of the Inner West Council is being streamed live on Council’s website. By speaking at a Council meeting, members of the public agree to being recorded and must ensure their speech to the Council is respectful and use appropriate language. A person who uses defamatory, discriminatory or offensive language may be exposed to liability for which Council takes no responsibility. Any part of this meeting that is held in closed session will not be recorded

 

Pre-Registration to Speak at Council Meetings

 

Members of the public must register by 2pm of the day of the Meeting to speak at Council Meetings. If you wish to register to speak please fill in a Register to Speak Form, available from the Inner West Council website, including:

 

Are there any rules for speaking at a Council Meeting?

The following rules apply when addressing a Council meeting:

 

What happens after I submit the form?

You will be contacted by Governance Staff to confirm your registration. If you indicated that you will speak online, you will be provided with a link to the online meeting. Your request will then be added to a list that is shown to the Chairperson on the night of the meeting.

 

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

 

Accessibility

 

Inner West Council is committed to ensuring people with a disability have equal opportunity to take part in Council and Committee Meetings. At the Ashfield Council Chambers there is a hearing loop service available to assist persons with a hearing impairment. If you have any other access or disability related participation needs and wish to know more, call 9392 5657.

 

Persons in the public gallery are advised that under the Local Government Act 1993, a person may NOT record a Council meeting without the permission of Council.

 

Any persons found recording without authority will be expelled from the meeting.

 

“Record” includes the use of any form of audio, video and still camera equipment or mobile phone capable of recording speech.

 

An audio recording of this meeting will be taken for the purpose of verifying the accuracy of the minutes.  

 

 

               

 

 

 

Statement of Ethical Obligations

 

The Mayor and Councillors are bound by the Oath/ Affirmation of Office made at the start of the Council term to undertake their civic duties in the best interests of the people of the Inner West Council and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

 

It is also a requirement that the Mayor and Councillors disclose conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with Council’s Code of Conduct and Code of Meeting Practice.

 

 

 

   


Council Meeting

13 September 2022

 

 

 

PRECIS

 

VOLUME 1 OF 3

 

1          Acknowledgement of Country

 

2          Apologies

 

3          Notice of Webcasting

 

4          Disclosures of Interest  

 

5          Moment of Quiet Contemplation

 

6          Confirmation of Minutes                                                                                          Page

Minutes of 9 August 2022 Council Meeting                                                                      7

 

7          Public Forum – Hearing from All Registered Speakers

8          Condolence Motions

 

Nil at the time of printing.

9          Mayoral Minutes

 

Nil at the time of printing.

10        Reports for Council Decision

 

ITEM                                                                                                                                     Page

 

C0922(1) Item 1       Election of Deputy Mayor                                                                       25

C0922(1) Item 2       De-amalgamation Business Case for Inner West Council       (First Half of Attahcment 1)                                                                                       39

 

VOLUME 2 OF 3

 

C0922(1) Item 2       De-amalgamation Business Case for Inner West Council (Second Half of Attahcment 1)                                                                                     588

C0922(1) Item 3       Reconciliation Action Plan                                                                    936

C0922(1) Item 4       Endorsement of Ashfield Park Plan of Management                           961

C0922(1) Item 5       License Agreement for Community Access: Graham Green-Dulwich Hill High School of Visual Arts.                                                                         1141

C0922(1) Item 6       Aquatics Inclusion Swim Program                                                     1160

 

VOLUME 3 OF 3

 

C0922(1) Item 7       Henson Park - Private Public Partnership                                         1163

C0922(1) Item 8       Social Media Policy                                                                            1274

C0922(1) Item 9       Instrument of Delegation - Mayor                                                       1289

C0922(1) Item 10     Post Exhibition Report 1-5 Chester Street Annandale - Voluntary Planning Agreement                                                                                          1294

C0922(1) Item 11     Local Traffic Committee Meeting - 15 August 2022                          1347

C0922(1) Item 12     Minutes of the Audit, Risk and Improvement Committee Meeting Held on 8 June 2022                                                                                                    1559

11        Reports for Noting

 

ITEM                                                                                                                                     Page

 

C0922(1) Item 13     Art Summit                                                                                          1567

C0922(1) Item 14     Food Security                                                                                     1606

C0922(1) Item 15     Six Monthly Progress Report – January 2022 – June 2022              1608

C0922(1) Item 16     Status of former Balmain Leagues Club site & surrounds                 1650

C0922(1) Item 17     Investment Strategy & Portfolio Review 2021/22                              1653

C0922(1) Item 18     Investment Report at 31 July 2022                                                    1686

 

12        Notices of Motion

 

ITEM                                                                                                                                     Page

 

C0922(1) Item 19     Notice of Motion:  Fossil Fuel Advertising in the Inner West             1713

C0922(1) Item 20     Notice of Motion: Visit of Toyanath Ghimire to the Footprints Festival 1715

C0922(1) Item 21     Notice of Motion: Cooks River Corridor Masterplan                          1717

C0922(1) Item 22     Notice of Motion: Cootamundra-Gundagai Council Demerger Success 1744

C0922(1) Item 23     Notice of Motion: Tempe Train Station Accessibility                         1746

C0922(1) Item 24     Notice of Motion: Support for Wolli Creek Regional Park                  1748

C0922(1) Item 25     Notice of Motion: Our Place Inner West LEP consultation                1751

C0922(1) Item 26     Notice of Motion: Parking                                                                   1753

C0922(1) Item 27     Notice of Motion: Balmain Town Hall and Civic Precinct Planning   1754

C0922(1) Item 28     Notice of Motion: Balmain Sailing Club Pontoon Upgrade                1755

C0922(1) Item 29     Notice of Motion: Pride Inner West                                                    1757

C0922(1) Item 30     Notice of Motion: Community Consultation for Inner West Local Environmental Plan Phase 2B                                                                                    1759

C0922(1) Item 31     Notice of Motion: Community Wealth Building                                  1760

C0922(1) Item 32     Notice of Motion: Mental Health in the Inner West                            1762

C0922(1) Item 33     Notice of Motion: Economic Inclusion for People with Disability       1764

 

13        Questions From Councillors

 

ITEM                                                                                                                                     Page

 

C0922(1) Item 34     Question on Notice: Outdoor Synthetic Sports Surfaces                  1766

C0922(1) Item 35     Question on Notice:  Inner West Mayor Releases                             1773

C0922(1) Item 36     Question on Notice: Pedestrian Falls on Footpaths                          1775

 

14        Reports with Confidential Information

 

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

 

The confidential information has been circulated separately.

ITEM                                                                                                                                       Page

 

C0922(1) Item 37     Appointment of Independent ARIC Member                                      1776

C0922(1) Item 38     Lease to Western Suburbs Lawn Tennis Association                       1777

C0922(1) Item 39     Local Road Asphalt Mill and Fill Services 2022-2023 Package 1 - Tender Report 1778

C0922(1) Item 40     Greenway In-corridor D&C                                                                 1780


Council Meeting

13 September 2022

 

Minutes of Ordinary Council Meeting held on 9 August 2022 at Ashfield Service Centre

 

Meeting commenced at 6.31pm

 

 

 

 

Present:

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

Acting Mayor (Chairperson)

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor

Councillor (Attended remotely)

Councillor

Councillor

General Manager

Director Planning

Manod Wickramasinghe

Acting Director Infrastructure

Ruth Callaghan

Kelly Loveridge

Matthew Pearce

Beau-Jane De Costa

Daniel East

Scott Mullen

Director Community

Director Corporate

General Counsel

Senior Manager Governance and Risk

Manager Strategic Planning

Manager Strategic Investments and Property

Katherine Paixao

Business Paper Coordinator

 

APOLOGIES:    

 

Motion: (Scott/Da Cruz)

 

That apologies from the Mayor, Councillor Byrne be accepted and Council accept Councillor Stamolis’  request to attend tonight’s Council Meeting via audio visual link, due to personal reasons.

 

Motion Carried

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

Against Motion:          Nil

 

DISCLOSURES OF INTERESTS:   

 

Councillor Howard declared a non-significant, non-pecuniary interest in Item 7 Local Traffic Committee Meeting – June and July 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.

 

Councillor Scott declared a significant, non-pecuniary interest in Item 34 Update – MOD/2021/0376 at 750 Princes Highway, Tempe (Bunnings Tempe), as she is a member of the Sydney Eastern City Planning Panel (SECPP) which is the approval body for the Bunnings Tempe projects. She will leave the meeting during discussion and voting for this item.

 

Councillor Lockie declared a non-significant, non-pecuniary interest in Item 8 General Manager's Delegation as she works at the City of Sydney which is used as one of the points of reference for the staff recommendation. She will remain in the meeting during discussion and voting as this will not affect her capacity to vote.

 

Motion:  (Stephens/Griffiths)

 

That Council note the disclosures of interest.

 

Motion Carried

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

Against Motion:          Nil

 

**The vote for noting the disclosures was recommitted later in the meeting.**

 

CONFIRMATION OF MINUTES

 

Motion: (Howard/Da Cruz)

 

That the Minutes of the Council Meeting held on Tuesday, 14 June 2022 be confirmed as a correct record subject to the following amendment:

-       The Da Cruz/Shetty amendment in item 2 Councillor Facilities and Expenses Policy, be reworded to the below:

That clause 2. d is amended to:

 

‘Understanding the variety and volume of events and initiatives at council, it is not a requirement for publication that all Councillors or representatives from all political groupings be included in individual photographs, videos or communications on any policy or initiative; but that every effort should be made to ensure a diversity of elected Councillors and political groupings is included in published communications, where there is mention of the political persuasions that it also mentions ward councillors’.

 

Motion Carried

For Motion:                 Crs Atkins, 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.

 

Procedural Motion (Stephens/Scott)

 

That Council recommit the vote on the Disclosures of Interest including the clarification from Councillor Scott that her disclosure also includes Item 7.

 

Motion Carried

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

Against Motion:          Nil

 

DISCLOSURES OF INTERESTS:   

 

Councillor Howard declared a non-significant, non-pecuniary interest in Item 7 Local Traffic Committee Meeting – June and July 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.

 

Councillor Scott declared a significant and non-pecuniary interest in Item 7 Local Traffic Committee Meeting - June and July 2022 and Item 34 Update – MOD/2021/0376 at 750 Princes Highway, Tempe (Bunnings Tempe), as she is a member of the Sydney Eastern City Planning Panel (SECPP) which is the approval body for the Bunnings Tempe projects. She will leave the meeting during discussion and voting for this item.

 

Councillor Lockie declared a non-significant, non-pecuniary interest in Item 8 General Manager's Delegation as she works at the City of Sydney which is used as one of the points of reference for the staff recommendation. She will remain in the meeting during discussion and voting as this will not affect her capacity to vote.

 

Procedural Motion (Stephens/Scott)

 

That an extension of time of one (1) minute for Councillor Howard to speak on the motion in Item 1 be granted.

 

Motion Carried

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

Against Motion:                    Nil

 

C0822(1) Item 1     Condolence Motion: Jarrod Mills

Motion: (Howard/Tsardoulias)

 

That Council write to the family of Jarrod Mills expressing deep condolence for his loss and recognising his commitment to social justice, local democracy and the Australian Labor Party.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 2     Condolence Motion: Francesco (Frank) Fiorenza

Motion: (Drury/D’Arienzo)

 

That Council notes the passing of Haberfield Resident Francesco (Frank) Fiorenza and expresses our condolences to his family.

 

 

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 3     Condolence Motion: (James) Kevin Little

Motion: (Drury/D’Arienzo)

 

That Council write a letter of condolence to the daughters of (James) Kevin Little, expressing our condolences at the passing of their parents, Evelyn and Kevin Little, and acknowledging and thanking them for Kevin Little’s service as former Councillor and Deputy Mayor of Marrickville.

 

Motion Carried

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

Against Motion:          Nil

 

Procedural Motion (Scott/Lockie)

 

That Council suspend Standing Orders to bring Items 5, 6, 11 and 15 forward to be dealt with at this time.

 

Motion Carried

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

Against Motion:          Nil

 

Procedural Motion (Scott/Lockie)

 

That items 5, 6, 11 and 15 be moved in globo and the recommendations contained within the report be adopted.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 5     Employment Zones Reform - Submission

Motion: (Scott/Lockie)

 

That:

 

1.       Council endorses the Inner West Council Submission to the exhibited Employment Zones Reform.

 

2.       The Inner West Council Submission be forwarded to the Department of Planning and Environment for consideration.

 

 

Motion Carried

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

Against Motion:          Nil

 

 

C0822(1) Item 6     1-5 Chester Street Annandale - Voluntary Planning Agreement

Motion: (Scott/Lockie)

 

That the amended Voluntary Planning Agreement (VPA) for 1-5 Chester Street, Annandale be:

 

1.   Placed on public exhibition for a minimum of 28 days;

 

2.   Reported back to Council after public exhibition; and

 

3.   Authorises the General Manager to approve any amendments to the amended VPA prior to public exhibition.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 11   Minutes of the Audit, Risk and Improvement Committee Meeting  
       Held on 23 February 2022

Motion: (Scott/Lockie)

 

That Council adopts the minutes of the Audit, Risk and Improvement Committee Meeting held on 23 February 2022.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 15       Pedestrian Safety Hazards in High Traffic Areas

Motion: (Scott/Lockie)

 

That Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

Procedural Motion (Lockie/Atkins)

 

That an Urgency motion on Food Security be considered at this Council meeting.

 

 

Motion Carried

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

Against Motion:          Nil

 

The Acting Mayor, Councillor D’Arienzo declared this matter was urgent and will be dealt with at the end of the meeting.

 

C0822(1) Item 4     Henson Park Plan of Management- Amendments to Leasing and   
   Licensing Provisions

Motion: (Howard/Drury)

 

That:

 

1.    Council notes the need to amend the leasing and licencing provisions of the adopted 2021 Plan of Management for Henson Park. These changes will enable future leasing and licensing for sport and recreational use of the Park, including the future use by the AFL and the Newtown Jets and for the upgrade of the King George V Memorial Grandstand and development of the new Multipurpose Building;

 

2.    Council notes the proposed clarifications and amendments which will be made to the Plan of Management in relation to ensuring that public access arrangements in relation to the Amy Street Footpath are safeguarded and strengthened in the Plan of Management and master plan for the park;

 

3.    Council publicly exhibit the proposed amendments to the Henson Park Plan of Management (Attachment 1) for no less than 28 days with a 42-day period for public submissions;

 

4.    At the conclusion of the public exhibition period, an amended Plan of Management for Henson Park is brought back to Council for discussion on the public exhibition outcomes and for Council to resolve the adoption of an amended Plan of Management for Henson Park; and

 

5.    Council staff consult broadly and thoroughly on the modified Plan of Management and master plan for Henson Park, ensuring the consultation and opportunity for submissions by residents is promoted across all Council platforms, including social media and website, letter box drops to residents in the immediate vicinity and poster displays at Henson Park Oval.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Scott left the Meeting at 7:04 pm as she declared a significant, non-pecuniary interest in Item 7 Local Traffic Committee Meeting - June and July 2022 as she is a member of the Sydney Eastern City Planning Panel (SECPP) which is the approval body for the Bunnings Tempe projects.

 

C0822(1) Item 7     Local Traffic Committee Meeting - June and July 2022

Motion: (Drury/Griffiths)

 

That:

1.    The Minutes of the Local Traffic Committee meeting held on 20 June 2022 and 18 July 2022 be received and the recommendations be adopted; and

2.    The Traffic Committee have Frederick Street as a standing item in general business until real safety improvements occur.

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Scott

Councillor Scott returned to the Meeting at 7:08 pm.

C0822(1) Item 8     General Manager's Delegation

Motion: (Drury/Scott)

 

That Council adopt the General Manager Delegations, as outlined and attached to the report.

 

Motion Carried

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

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

 

Procedural motion (Da Cruz/Atkins)

 

That Council vote on amendments below in seriatum 

 

Motion Lost

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

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

 

Amendment (Da Cruz/Shetty)

That:

1.    Council receive reports of tenders including policy they progress, scope and budget;

 

2.    The General Manager have no financial delegation to write off debts or rates, these should all be reported to council for determination;

 

3.    The General Manager expenditure delegation be set at $500,000 and that any expenditure above that be determined by Council; and

 

4.    Annual premiums for insurance etc be included in the determination of the original contract and variations determined by Council.

 

 

Motion Lost

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

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

 

 

 

 

 

 

C0822(1) Item 9     Local Government NSW Conference 2022

Motion: (Scott/Lockie)

That Council nominate the following Councillors to attend the 2022 Local Government NSW Conference:

a)    Clr Byrne;

b)    Clr D'Arienzo;

c)    Clr Drury;

d)    Clr Griffiths;

e)    Clr Langford;

f)     Clr Atkins;

g)    Clr Shetty; and

h)    Clr Lockie.

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 10       Councillor Facilities and Expenses Policy

Motion: (Drury/Scott)

 

That Council adopts the amended draft Councillor Facilities and Expenses Policy subject to replacing the words “Christmas and Festive Cards” with “Greeting Cards” in the table identified on page 3 of the policy and in clause 9.4 point 3.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 12       Investment Report at 31 May 2022

 

Motion: (Drury/Lockie)

 

That Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 13       Investment Report at 30 June 2022

Motion: (Drury/Lockie)

 

That Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 14       Engagement for Inner West Local Environmental Plan Phase 2B

Motion: (D’Arienzo/Howard)

 

That Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 16       Railway Parade, Annandale - cleaning and resheeting

Motion: (Scott/Shetty)

 

That Council receive and note the report.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 17   Notice of Motion: Rates Hardship and Rates Deferral: Councillor   
       Briefing

Motion: (Stamolis/Langford)

 

That Council:

 

1.    Receive a Councillor briefing on: 

 

a)    its rates hardship policy and any other rates deferral policies used by Inner West Council;

b)    the reasons for rates deferral policies by way of agreement with Council, which are outside its hardship policy;

c)    the numbers of persons who have accessed Councils rates hardship and rates deferral agreements for each of the past 3 years and the amounts deferred; and

d)    any rates recovery action (including legal) for each of the past 3 years undertaken by Council as a result of hardship, a deferral agreement or other reason.  

 

2.    Officers provide regular 12-monthly briefings to Councillors on any outstanding rates owing, rates subject to recovery, rates that have been written off and any rates deferral agreements.

 

Motion Tied

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

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

 

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

 

Procedural Motion (Howard/Scott)

 

That the motion for item 18 be considered in seriatum

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 18       Notice of Motion: Tenders for Out of School Hours Care

 

Motion: (Griffiths/Howard)

 

That:

 

1.   Council call upon the State Government to reverse its recent policy change whereby Out of School Hours Care services run by not-for-profits (including local government) must be put to tender upon the expiry of each licence to operate, and express this in writing to the relevant Minister and Shadow Minister;

 

Motion Carried

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

Against Motion:          Nil

 

Motion: (Griffiths/Howard)

 

2.   If tenders are called, submit tenders for all current Out of School Hours Care services it currently operates;

 

Motion Carried

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

Against Motion:          Nil

 

Motion: (Griffiths/Langford)

 

3.   Council consider any decision not to tender for an Out of School Hours Care service that it currently operates at a meeting of the Council; and

 

Motion Tied

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

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

 

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

 

Motion: (Griffiths/Da Cruz)

 

4.   Council seek strategic opportunities to expand Council run Out of School Hours Care services.

 

Motion Tied

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

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

 

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

 

C0822(1) Item 19       Notice of Motion: Marrickville Road and Buckley Street,
         Marrickville

Motion: (Howard/Langford)

 

That Council:

 

1.   Notes the dangerous intersection at Marrickville Road and Buckley Street, Marrickville;

 

2.   Notes pedestrian traffic is likely to increase significantly when the planned upgrade of Sydenham Station is complete;

 

3.   Notes the $2.8 million upgrade of Marrickville Road East planned to commence shortly, which will improve safety at intersections along Marrickville Road East by prioritising pedestrians over traffic by installing ‘threshold treatments’ at crossings and intersections and enlarging kerbs at street intersections with planting areas;

 

4.   As part of the design phase for the upgrades, considers further ways Council can improve safety for pedestrians and cyclists at the intersection; and

 

5.   Urgently writes to the Minister for Metropolitan Roads and Minister for Women’s Safety and the Prevention of Domestic Violence asking that Transport for NSW investigate pedestrian and cyclist safety at the intersection and commit funds to improve safety at Buckley Street and Marrickville Road.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 20       Notice of Motion: Defibrillators in the Inner West Local
         Government Area

Motion: (Tsardoulias/Da Cruz)

 

That Council receive a report on public access to Automated External Defibrillators (AEDs) across the Inner West Local Government Area no later than the December Council 2022 meeting including:

 

1.   An audit of access, use, storage, and maintenance of AEDs at Council facilities, venues and sportsgrounds;

 

2.   A register and map of publicly accessible AEDs across the Inner West Local Government Area, including at council facilities, venues and sportsgrounds as well as identifying optimal locations for placement of additional AEDs in the community;

 

3.   Opportunities to expand public access to AEDs, including at Council owned venues and areas of intensive sports participation with recommendations and costings to do so; and

 

4.   Opportunities to expand training of how to use AEDs at Council-owned venues.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 21       Notice of Motion: Enhancing Active Transport Infrastructure

 

Motion: (Stephens/Shetty)

 

That Council

 

1.    Notes that active transport, including walking and cycling, reduces congestion on our roads, improves public health, reduces carbon emissions and provides a cost-effective and safe way for people to travel;

 

2.    Notes that to support greater uptake in active transport participation, cycling infrastructure needs to be connected, direct, attractive and comfortable, for the safety of people who cycle and walk in the inner west;

 

3.    Acknowledges and thanks Council officers for developing the draft Inner West Cycling Strategy and Action Plan (IWCSAP) which has been informed by community feedback and will be released for community feedback later in 2022 and for adoption by Council in early 2023;

 

4.    Undertakes, to complement the IWCSAP:

 

a)    an audit of shovel-ready projects currently in development by Council to ensure there is an active pipeline of projects available for State and Federal Government funding rounds;

 

b)    an audit of existing cycling infrastructure, and planning of a program of works, to bringing existing cycling infrastructure up to standard;

 

c)    to enrol additional Council engineers in the Transport for NSW Designing for Pedestrians and Bicycle Riders;

 

d)    to reinstate quarterly meetings between Council engineers and representatives of the Inner West Bicycle Coalition to allow for vital cycling safety issues to be identified and addressed in a timely manner; and

 

e)    the preparation of a communications campaign to encourage greater cycling participation across our communities.

 

f)     Explores the feasibility of a dedicated engineer within Council to focus on active transport infrastructure.

 

5.    Investigates the use of appropriate measurable targets eg. Kilometres of cycleways installed to track Council’s year on year progress.

 

Motion Carried

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

Against Motion:          Nil

 

Councillor Howard left the Meeting at 8:06 pm.

 

Councillor Griffiths left the Meeting at 8:07 pm.

 

Councillor Howard returned to the Meeting at 8:08 pm.

 

Councillor Griffiths returned to the Meeting at 8:09 pm.

 

C0822(1) Item 22       Notice of Motion: Deliberative Democracy

Motion: (D’Arienzo/Scott)

 

That Council:

 

1.   Is committed to community engagement giving the community an opportunity to participate in and influence Council’s decision-making;

 

2.   In revising our draft community engagement policy and framework, will incorporate deliberative engagement practices to undertake quality community engagement based on a set of key democratic principles aimed at placing our community closer to our decision-making; and

 

3.   Notes the principles of deliberative democracy can be applied to a range of contexts and formats and can include People’s Panels, Citizens’ Juries, participatory budgeting, deliberative panels and forums and Citizens’ Assemblies. 

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 23       Notice of Motion: Supporting Responsible Dog Ownership

Motion: (Smith/Lockie)

 

That Council:

 

1.   Notes the rise in dog ownership across the Inner West Local Government Area (LGA), Council’s significant investment in local dog parks and infrastructure, and the role of local government in facilitating responsible dog ownership;

 

2.   Acknowledges the risk that untrained or poorly socialised dogs can present to the community, including attacks on other dogs or people, and that cost can be a barrier to accessing dog training;

 

3.   Agrees to implement a trial of free puppy classes for dog owners in this Council term to encourage responsible dog ownership and activate our local dog parks;

 

4.   Investigates the feasibility, including cost, of providing this service in partnership with authorised local dog training providers;

 

6.    Undertakes an audit of:

 

a)    signage that provides information on designated on and off leash zones, dog prohibited zones, and instructions on off leash dog etiquette and dog safety including their location and condition; and

 

b)    patrolling for education and enforcement purposes, at all parks and dog parks across the LGA.

 

7.   Where signs are not in place in areas frequented by dogs, or are in places of low visibility or poor condition, Council agrees to resource their implementation or replacement;

 

8.   Where patrolling is not in place at parks where dog owners could benefit from education or ranger visibility, that patrolling is considered; and

 

9.   Provide a briefing note to Councillors that investigates opportunities for the introduction of free, regular information seminars across the LGA for residents who are considering acquiring a companion animal (dog or cat). Seminars could inform prospective owners about obligations of responsible pet ownership. Topics could include socialisation, training, cost of ownership, registration, regulations, off-leash exercise areas, and other relevant items in the Companion Animal Act & the Council's Companion Animal Action Plan.

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 24       Notice of Motion: BayRun Event Funding 21 August 2022

Motion: (Scott/Drury)

 

That Council donate $2,000 to the BayRun event to be held on 21 August 2022 to ensure a successful event.

Motion Carried

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

Against Motion:          Nil

 

Councillor Stamolis left the Meeting at 8:21 pm.

 

C0822(1) Item 25       Notice of Motion: Inner West Council Procurement to one of the
         Leading Councils in NSW

Motion: (Drury/Stephens)

 

That Council acknowledge and thank staff for the significant work and progress made in making Inner West Council one of the Leading NSW councils in Procurement.

 

Motion Carried

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

Against Motion:          Nil

Absent:                       Cr Stamolis

 

Procedural Motion (Lockie/Griffiths)

 

That Council suspend Standing Orders to bring Item 34 and the Urgency Motion forward to be dealt with at this time.

 

 

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Stamolis

 

Councillor Scott left the Meeting at 8:24 pm as she declared a significant, non-pecuniary interest in Item 34 Update - MOD/2021/0376 at 750 Princes Highway, Tempe
(Bunnings Tempe) as s
he is a member of the Sydney Eastern City Planning Panel (SECPP) which is the approval body for the Bunnings Tempe projects.

 

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

 

C0822(1) Item 34       Update - MOD/2021/0376 at 750 Princes Highway, Tempe
          (Bunnings Tempe)

Motion: (Howard/Langford)

 

That:

 

1.    Council receive and note the report; and

 

2.    In the interest of keeping community informed, Council staff facilitate a face-to-face meeting with the community at a local venue prior to the Sydney Eastern City Planning Panel determination.

 

Motion Carried

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

Against Motion:          Nil

Absent:                        Cr Scott

 

Councillor Scott returned to the Meeting at 8:28 pm.

 

Urgency Motion: Food Security

 

Motion: (Lockie/Atkins)

 

That Council:

 

1.    Notes the advice received from Inner West Police Area Command (IWPAC) about the increase in retail theft, particularly of food items, in the Inner West;

 

2.    Notes the advice received from Addison Road Community Organisation about the rise in people seeking access to its food relief services;

 

3.    Urgently investigates opportunities to:

 

a)    Work in partnership with IWPAC, local food relief services, local shopping centres, and other relevant stakeholders to raise awareness of the supports available across the Inner West local government area (LGA), and help connect people to these services;

 

b)    Promote support services available to residents through Council’s communication channels;

 

c)    Provide additional funding to local food relief organisations to help them deliver these services to residents, including through Council’s grants program;

 

d)    Work with South Sydney Regional Organisation of Councils (SSROC) on developing a coordinated response on this issue;

 

4.    Writes to the Prime Minister, the Premier and relevant Ministers to express our concern about this emerging issue, and request that they provide urgent funding to organisations that provide food relief in our local government area; and

 

5.    Provides a report back to the September Council meeting on actions taken, as well as any further recommendations.

 

Motion Carried

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

Against Motion:          Nil

 

 

Confidential Session

 

Motion: (Stephens/Scott)

 

That Council enter into Confidential session.

 

Motion Carried

For Motion:                 Crs Atkins, 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:

 

C0822(1) Item 32 King George Park & Easton Park Upgrades Tender Report (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

 

C0822(1) Item 33 Update on Acquisition of Investment Properties (Section 10A(2)(c) of the Local Government Act 1993) that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; AND commercial information of a confidential nature (Section 10A(2)(d)(i) of the Local Government Act 1993) that would, if disclosed prejudice the commercial position of the person who supplied it; AND 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. 

 

The Acting Mayor, Councillor D’Arienzo asked members of the public to leave the chambers.

 

 

 

 

 

 

 

 

Motion: (Griffiths/Scott)

 

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

 

Motion Carried

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

Against Motion:          Nil

 

resolutions passed during closed session

 

C0822(1) Item 32       King George Park & Easton Park Upgrades Tender Report

Motion: (Drury/Smith)

 

That Council:

 

1.    Accept the tender submitted by Romba, of Unit 3/17 Bromley Rd, Emu Heights NSW 2750 for the King George Park & Easton Park Upgrades for a lump sum price of $1,732,801.38 excluding GST; and

 

2.    Approves a 15% contingency of $ 259,920.20 excluding GST over the tendered amount, for a total cost of $1,992,721.58 excluding GST

 

Motion Carried

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

Against Motion:          Nil

 

C0822(1) Item 33       Update on Acquisition of Investment Properties

Motion: (Drury/Scott)

 

That Council receive and note the report.

Motion Carried

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

Against Motion:          Nil

 

 

Meeting closed at 8.45 pm.

 

 

Public Speakers:

 

 

Item #

 

Speaker                     

Suburb

Item 1:

Jeff Mills

Marrickville

Item 18:

Roxana Zulfacar

Petersham

Item 21:

Neil Tonkin

Lilyfield

 

 

 


Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 1

Subject:         Election of Deputy Mayor           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk 

Authorised By:  Kelly Loveridge - Director Corporate

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Determine to elect a Deputy Mayor, and if agreed, determine the length of term for the Deputy Mayor;

 

2.   Determine the method of voting for the election of the Deputy Mayor (if more than one nomination is received); and

 

3.   Write to the Secretary and the Chief Executive Officer of Local Government NSW advising of the of the result of the election.

 

 

 

 

DISCUSSION

In accordance with the Local Government Act 1993 (the Act), section 231, Councillors may elect a person among their number to be the Deputy Mayor. The term of the Deputy Mayor may be elected for the mayoral term or for a shorter term, usually one year.

 

The decision to have a Deputy Mayor is a decision for the Council and is recommended in this report based on the current practice of Council. It also provides clarity in process if the Mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of Mayor.

 

The Deputy Mayor may, under Section 231(3) of the Act, exercise any function of the Mayor for any of the following reasons:

1.      at the request of the Mayor;

2.      if the Mayor is prevented by illness, absence or otherwise from exercising the function; and

3.      if there is a casual vacancy in the office of the Mayor.

 

If councillors do not proceed with the election of a Deputy Mayor for the ensuing year they reserve the right to elect a Deputy Mayor at another time if the Mayor is prevented by illness, absence or otherwise prevented from exercising their role. In the event that the Deputy Mayor is prevented by illness, absence or otherwise from exercising their role the councillors may elect another councillor from within their ranks to act as the Deputy Mayor.

 

Traditionally, councils conduct elections for the Deputy Mayor by open voting. It is also the least bureaucratic method and reflects normal Council voting methods. If Council resolves to conduct the election by preferential or ordinary ballot, then the General Manager will conduct the election as outlined in the Regulations below.

 

 

 

 

 

Nomination Process

 

The General Manager is designated as the Returning Officer for the election of the Deputy Mayor.

 

Nominations for the position of Deputy Mayor must be in writing and signed by two or more councillors, one of whom may be the nominee.

 

A standard nomination form has been prepared for this purpose and provided to all councillors (see Attachment 2).

 

Each nominee must confirm their consent to the nomination in writing.

 

Nominations are to be provided to the Returning Officer before or at the meeting of Council at which the election is scheduled to be conducted. The Returning Officer will announce details of the nominations at that meeting. If there is only one nominee they are to be declared elected.

 

If there is more than one nominee, Council is to determine the preferred method of voting and proceed accordingly.

 

Procedures for Deputy Mayor Election

 

1.   The Mayor will open the meeting and announce the item of business being the election of the Deputy Mayor. The General Manager being the Returning Officer for the election of the Deputy Mayor will proceed to conduct the election.

 

2.   The Returning Officer reads out the names of the nominees and seeks confirmation that the nominee has accepted the nomination. If only one councillor has been nominated for the position of the Deputy Mayor, the nominee is elected.

 

3.   If more than one candidate has been nominated, Council must determine by resolution the method of voting to be used for the election of the Deputy Mayor by way of one of the following methods:

 

a)      Open voting – i.e. by show of hands.

b)      Ordinary ballot – i.e. a secret ballot (place an “X” against the candidate of their choice);

c)      Preferential ballot – i.e. place 1, 2, 3 etc. against each candidate;

 

4.   The Returning Officer must ask for a motion to be put to the meeting by one of the councillors on the preferred method of voting for the election of a Deputy Mayor.

 

Method of Voting – Open voting

 

1.   Each Councillor in entitled to vote for only one candidate in each round of voting. The Returning Officer will write down each candidate’s name on a piece of paper and deposit it in the hat to be chosen by lot. The first name out of the hat will be written first on the tally sheet, with the second name out being written on the tally sheet etc.

 

2.   When all candidates’ names have been written on a tally sheet, the Returning Officer announces the names of the candidates, and starts the voting for each candidate and asks councillors to raise their hands for the candidate they are voting for.

 

3.   The Returning Officer announces the number of votes received for each candidate. The minute taker also records the vote for each councillor.

 

4.   The Returning Officer checks with the minute taker that each councillor has voted. If a councillor has not voted it should be confirmed that they are abstaining (an informal vote).

 

5.   If there are only two candidates for the position of Deputy Mayor and the voting is higher for one candidate than another (number of formal votes recorded on the tally sheet), the Returning Officer then announces the result.

 

6.   In the event of a tied vote, the Returning Officer will advise the meeting that in accordance with clause 12 of Schedule 7 of the Local Government (General) Regulation 2021, the Returning Officer will write the names of the candidates on similar slips of paper, folds them and places them in a hat to be chosen by lot and requests a staff member to shake the hat. The candidates whose name is drawn out will be declared Deputy Mayor.

 

7.   If there are three or more candidates, the candidate with the lowest number of votes for the position of Deputy Mayor is excluded. The voting continues as above until there are only two candidates remaining. In the event that the lowest number of votes are tied, the Returning Officer advises the meeting in accordance with clause 12 of Schedule 7 of the Local Government (General) Regulation 2021, the Returning Officer will write the names of the candidates on similar slips of paper, fold them and place them in a hat to be chosen by lot and requests a staff member to shake the hat. The candidate whose name is drawn out will be excluded.

 

Method of Voting – Ordinary ballot

 

1.   The Returning Officer announces the names of the candidates for Deputy Mayor and writes each name on a slip of paper and deposits it in a hat to be chosen by lot. The Returning Officer requests that a staff member shakes the hat and advises that the order in which the names will appear on the ballot paper will be determined by a draw out of the hat, i.e. first name out of the hat is written first on the ballot papers and so on.

 

2.   The Returning Officer writes the names on one set of the ballot papers and initials the front of each ballot paper. A staff member distributes the ballot papers and collects them into the ballot box when completed and gives it to the Returning Officer who counts the votes and records them on the tally sheet. The Returning Officer announces the results.

 

3.   In the event that the lowest number of votes are tied, the Returning Officer advises the meeting in accordance with clause 12 of Schedule 7 of the Local Government (General) Regulation 2021, the Returning Officer will write the names of the candidates on similar slips of paper, fold them and place them in a hat to be chosen by lot and requests a staff member to shake the hat. The candidate whose name is drawn out will be excluded.

 

4.   The Returning Officer writes the names of the remaining candidates on a further set of the ballot papers and initials the front of each ballot paper. The staff member distributes ballot papers listing the remaining candidates and collects them into the ballot box when completed and gives it to the Returning Officer who again counts the votes and records them on the tally sheet and announces the results. The process continues until two candidates remain, where a final vote takes place.

 

5.   In the event of a tied vote between the two remaining candidates, the Returning Officer announces to the meeting in accordance with clause 12 of Schedule 7 of the Local Government (General) Regulation 2021, the Returning Officer will write the names of the candidates on similar slips of paper, fold them and place them in a hat to be chosen by lot and requests a staff member to shake the hat. The candidate whose name is drawn out will be declared as Deputy Mayor.

 

Method of Voting – Preferential ballot

 

1.   The Returning Officer announces the names of the candidates for Deputy Mayor and writes each name on a slip of paper and deposits it in a hat to be chosen by lot. The Returning Officer requests that a staff member shakes the hat and advises that the order in which the names will appear on the ballot paper will be determined by a draw out of the hat, i.e. first name out of the hat is written first on the ballot papers and so on.

 

2.   The Returning Officer writes the names on the ballot papers and initials the front of each ballot paper. This method of voting requires only one set of ballot papers. A staff member distributes the ballot papers and collects them when completed and gives them to the Returning Officer who counts the first preference votes and records them on the tally sheet. If a candidate has an absolute majority of first preference votes (more than half), the Returning Officer declares the outcome.

 

3.   If no candidate has the absolute majority of first preference votes, the Returning Officer excludes the candidate with the lowest number of first preference votes. The preferences from the excluded candidate are distributed. This process continues until one candidate has received an absolute majority of votes at which time the Returning Officer announces the result.

 

4.   In the event of a tied vote where there are only two candidates remaining in the election, the Returning Officer explains to the meeting in accordance with clause 12 of Schedule 7 of the Local Government (General) Regulation 2021, the Returning Officer will write the names of the candidates on similar slips of paper, fold them and place them in a hat to be chosen by lot and requests a staff member to shake the hat. The candidate whose name is drawn out will be declared as Deputy Mayor.

 

Results

The results of the election (including the name of the candidate elected as Deputy Mayor) will be declared to the Councillors at the Council meeting at which the election is held by the Returning Officer and will be provided to the Secretary and the Chief Executive Officer of Local Government NSW.

 

 

ATTACHMENTS

1.

Local Government (General Regulation 2021 (NSW) Schedule 7 Election of mayor by councillors

2.

Deputy Mayor Nomination Form

3.

OLG Fact Sheet - Election of Mayor and Deputy Mayor by Councillors

  


Council Meeting

13 September 2022

 

Attachment 1




Council Meeting

13 September 2022

 

Attachment 2


Council Meeting

13 September 2022

 

Attachment 3







Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 2

Subject:         De-amalgamation Business Case for Inner West Council           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk 

Authorised By:  Peter Gainsford - General Manager

 

 

 

RECOMMENDATION

 

That the Business Case for Inner West De-Amalgamation be tabled for consideration by Council.

 

 

 

 

BACKGROUND

At the Council election held on 4 December 2021, a non-binding poll was held regarding the potential demerger of the Inner West Council.

Citizens were asked the following:

In May 2016, Ashfield, Leichhardt and Marrickville councils were amalgamated into one local government area by the State Government. Do you support the Inner West local government area being de-amalgamated, so as to restore the former local government areas of Ashfield, Leichhardt and Marrickville?

 

The results of the above poll were 62.49% in favour of a demerger.

Following the election of the Mayor on 29 December 2021, the Mayor wrote to the Minister of Local Government informing her of the results of the Poll and the results of the poll were sent to every household in February via Council’s publication Inner West News.

At the 8 February 2022 Ordinary Council Meeting, Council considered a Mayoral Minute and resolved as follows:

That Council:

1.   Commences the preparation of a business case for demerger and notifies the NSW

Government of the commencement of the development of a business case for

demerger;

2.   Notes the concerns expressed by Council officers through the resolution of the

Joint Consultative Committee about the impact of demerger on morale and

productivity within the organisation and commits to engaging with Council staff and

their representatives throughout the development of the business case;

3.   Notes the overwhelming majority vote of the Inner West Community to demerge;

and

4.   Involve the community in the preparation of the business case.

 

 

On 4 March 2022, the Minister for Local Government met with the Mayor and General Manager.

Following the Council resolution of 8 February 2022, as outlined above, Council engaged Morrison Low, in accordance with Council’s procurement framework, to prepare a business case in accordance with the NSW Government guidelines. Morrison Low had undertaken substantial work for Council in 2021 developing a high level cost benefit analysis which:

·      Reviewed former Council’s 2014/15 Long Term Financial Plans

·      Re-established previous financial models of the former council’s undertaken in 2015 and previous modelling to 19/20.

·      Validated the models against the Council’s that didn't merge (Burwood, Canada Bay, Strathfield).

·      Compared 19/20 actual results of Inner West with the aggregated modelled position of Ashfield, Leichhardt and Marrickville.

·      Added changes in service levels and new industry compliance requirements, new assets, COVID-19 impacts to these models with a start date of July 2022

In light of having undertaken the work outlined above Morrison Low were identified as the most appropriate firm to assist with the next stage of the De-amalgamation process being the draft De-amalgamation business case (draft business case).

The initial draft business case was presented to the Councillors at a Councillor workshop on 7 June 2022 and reported to the Audit, Risk and Improvement Committee on 8 June 2022.

 

The initial draft business case with a plan for community engagement was then reported to the Council meeting on 14 June 2022 where Council resolved as follows:

 

That Council:

1.   Resolve to place the draft De-amalgamation Business Case for Inner West Council on public exhibition for 28 days;

2.   Endorse the public engagement activities, as outlined in the report, being undertaken, including:

a.   that the flyer referenced in the report be letterboxed to all households and include the known tangible, financial costs, including the costs of senior staff salary and politician costs; and non-financial risks, such as a period of anti-democratic administration; and any benefits as identified by the report and by the Audit, Risk and Improvement Committee;

b.   that this information also be prepared as a summary introduction to the Morrison Low business case when it appears on exhibition, where it is promoted through Council’s communication channels, and as an introduction to the survey activity; and

c.   that an additional online public forum be held to be Chaired by the General Manager and that Morrison Low attend the forum;

3.   Notes that the Audit, Risk and Improvement Committee:

a.   resolved that if Council does de-amalgamate that the risks associated with staff retention and engagement, loss of corporate/local knowledge, service disruption and inconsistency during the transition and IT security and controls risk in demerging systems will require significant management throughout the process and an agreed transition approach will also be critical

b.   requested that a comprehensive risk analysis of the de-amalgamation process and its subsequent impacts is undertaken and reported back to ARIC

c.   recommended that the communication to the community in relation to the de-amalgamation process clearly identifies the known non-financial risk and benefits to the community; and

d.   endorsed the recommendations of the ARIC meeting of 8 June 2022, in relation to the item ‘Draft de-amalgamation business case for Inner West Council’ being provided to the Council meeting on 14 June 2022, as part of the item considering the de-amalgamation business case in the Ordinary Council agenda;

4.   Approve the Mayor to write to the Minister for Local Government asking for a commitment that the state government pay the full costs of de-amalgamation should it occur, and that they commit to not sacking the Council and installing an administrator; and

5.   Officers prepare a further report to the August Council meeting, outlining the outcomes of the community engagement process along with the final business case for Council's consideration

 

Subsequently Council had an independent copywriter prepare the de-amalgamation flyer which was distributed to all households across the Inner West in July 2022 that outlined the draft business case and included the known tangible, financial costs, including the costs of senior staff salary and politician costs; and non-financial risks, such as a period of anti-democratic administration. Additionally, this information was also provided on Councils communication channels to compliment the draft business case, whilst on exhibition, as requested. 

 

The Mayor has written to the Minister for Local Government asking for a commitment that the NSW Government pay the full costs of de-amalgamation should it occur, and that they commit to not sacking the Council and installing an administrator.

 

Council also engaged Micromex Research to conduct a statistically valid phone survey to seek community feedback. Micromex also hosted a survey which the entire community could participate in, using the same questions. The survey was available online and in hard copy, with accessibility supported through the TIS and voice relay services.

 

The engagement for the draft business case was promoted via the following communication channels:

·    Council’s website

·    Social media

·    Media release

·    Council e-news

·    Your Say Inner West;

·    Inner West Newsletter; and

·    Council column in local newspaper.

 

 

 

 

 

DISCUSSION

Council committed to providing the outcomes of the community engagement process along with the final business case to Council for consideration and ultimate determination.

The key community engagement outcomes are summarised as follows.

A telephone survey was conducted to 601 residents, 138 via landline and 463 via mobile phone. The greatest margin of error is +/- 4% based on this sample size, which was weighted by age and gender to be representative of the Inner West population.

The survey was conducted from 30 June to 6 July 2022.

An online survey was hosted on the Micromex platform from 1–31 July 2022. Over 1400 people completed the online survey, or posted in paper copies (which were entered by staff – note that a small number of paper surveys were not able to be entered due to respondents not providing valid responses). The survey was open to all so unlike the phone survey, the results are not statistically valid. However, the data is still important as it highlights the views of people who have a high interest in the issue.

 

Priorities

Respondents were asked to nominate their key priorities for Council in the local area. Answers were unprompted. Results were compared to the 2021 Community Satisfaction Survey conducted by Micromex (available on Council’s website).

The key priorities were ‘improving the road infrastructure/maintenance of roads’ and ‘environmental protection/managing climate change/maintaining and provision of green open spaces’.

Respondents were then asked to rate a list of 11 priorities from ‘not at all important’ to ‘very important’. De-amalgamation was the lowest rated of the 11 priorities. Of these respondents, ratepayers consider ‘managing planning and development’ and ‘traffic management/congestion’ significantly more important while residents aged 65+ rated the importance of de-amalgamating Inner West Council significantly higher.

 

As with the phone survey, de-amalgamation was the lowest priority for Council to focus on in the local area.

 

Overall satisfaction

A total of 87% of people in the phone survey were at least somewhat satisfied with the performance of Council over the last 12 months. Satisfaction levels are highest amongst those aged 18-34, non-ratepayers and those who have lived in the area for fewer than five years.

 

2021 Poll on de-amalgamation

Residents were asked what they voted in 2021. In the phone survey 40% of residents indicated that they voted to support de-amalgamation. Residents aged 65+ were significantly more likely to have voted in support of de-amalgamation. Thirty percent voted against de-amalgamation, while 24% couldn’t remember and 4% were not a resident of Inner West at the time. The online survey was completed by a higher proportion of people who voted against de-amalgamation (62%).

 

 

 

 

 

 

The graph below compares phone and online results to the question.

 

For residents who supported de-amalgamation in the 2021 poll, their primary reasons centred on the diversity of the three previous LGAs and their differing local priorities, as well as a perceived decline/lack of improvement in services/facilities in the area since the amalgamation. The primary reasons for not supporting the de-amalgamation included cost considerations/financial implications, as well as perceived improvements in services and efficiencies within the Inner West Council.

 

Support for options

Respondents were asked for their levels of support for three options as outlined in the draft Business case, should de-amalgamation proceed.

Option A          De-amalgamate and return to the service levels provided prior to amalgamation

Option B          De-amalgamate and maintain the service levels provided by the current Inner West Council

Option C          De-amalgamate and reduce to below pre-amalgamation Council service levels

 

The graph below shows the highest support from the phone survey was for Option A whereas the online survey respondents preferred Option B, and the lowest support was for Option C.

 

Respondents were asked: Considering everything now, is your preference that Council submit a business case to the Minister supporting a de-amalgamation, or should Council remain as Inner West Council?

 

The graph below shows the phone survey respondents were slightly more supportive of remaining (53%) than submitting the business case (47%). Note that the margin of error of 4% means that the range of these results is 49-57% for remain, and 43-51% for submit. Online respondents were strongly in favour of remaining (69%) compared to 31% for submit. There is no margin of error for the online results as the survey was not statistically representative of community opinion. 

 

Phone survey respondents were asked if prior to the call, they were aware that Council was exploring community sentiment to a de-amalgamation. Forty-eight percent of respondents were previously aware. The most common ways residents were advised were:

·    Voting in December 2021 (34%)

·    Social media (17%)

·    Mail out from Council (16%)

 

Council has provided all data and feedback obtained throughout the exhibition period for the De-amalgamation to Morrison Low to analyse and incorporate into the final iteration of the Business Case which has now been provided to Council, refer attachment 1

 

FINANCIAL IMPLICATIONS

The financial implications of the draft business case are articulated in detail within the attached draft business case, refer Attachment 1.

 

 

 

ATTACHMENTS

1.

IWC - Demerger Business Case

  


Council Meeting

13 September 2022

 



























































































































































































































































































































































































































































































































































































































































































































































































































































































































Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 3

Subject:         Reconciliation Action Plan           

Prepared By:      Simon Watts - Social and Cultural Planning Manager 

Authorised By:  Ruth Callaghan - Director Community

 

 

 

RECOMMENDATION

 

That Council adopt the Reconciliation Action Plan.

 

 

 

BACKGROUND

At its Ordinary Council meeting on Tuesday 10 May 2022 Council resolved:

 

That the draft Reconciliation Action Plan be endorsed for Public Exhibition.

 

The draft Reconciliation Action Plan (RAP) gives effect to the Uluru Statement from the Heart in the Inner West and is intended as a positive rallying process for creating real progress on reconciliation.

 

This RAP is a significant milestone in Council’s reconciliation journey and  builds on the legacy of reconciliation and belonging of former Councils. Leichhardt and Ashfield Councils had RAP’s and Marrickville Council had a Belonging Plan.

 

Work commenced on an integrated RAP for Inner West in 2019. Since then, there has been extensive engagement through individual and group discussion in 2020 and 2021 including with Aboriginal and Torres Strait Islander peoples, Elders and Council’s Advisory Committee, the local lands Council, staff and NSW local government and industry peers who have RAPs. This engagement included providing the draft to Reconciliation Australia for feedback in 2022, which is an essential element of the process.

ENGAGEMENT OUTCOMES

The RAP was on public exhibition for 7 weeks to enable thorough consultation. The vast majority of residents (96%) supported the plan.

Promotion during the community engagement period included a social media campaign, Council’s Your Say platform and discussions with the Aboriginal and Torres Strait Islander Advisory Committee. During the exhibition period, 798 residents visited the Your Say platform,135 people downloaded the Reconciliation Action Plan and 12 made online submissions. The majority of visitors learned about the exhibition of the Plan through the social media campaign. In summary, feedback was strongly supportive, particularly in relation to the designs for the Aboriginal Survival Memorial in Yeo Park. Comments included:

 

·    “I believe this RAP sets out a clear and achievable plan for taking significant steps toward reconciliation. I hope that the increased support for and visibility of Aboriginal and Torres Strait Islander people and culture in our community and increasing connection to Country by all of us will help to close the gap and begin to heal the suffering colonisation has caused and continues to cause”.

·    “If settlers can learn about, respect, appreciate, embrace, support, and nourish Aboriginal and Torres Strait peoples, culture, and connections to Country, we just may find hope for a resilient, thriving future together”.

·    “I appreciate and applaud IWC’s efforts and initiatives with RAP and look forward to seeing it being finalised and actioned”.

 

DISCUSSION

Inner West Council ‘s draft RAP has adopted the approach and process governed by Reconciliation Australia. It provides a formal mobilisation point on reconciliation for our whole community, and for Council. It has four focus areas:

 

·    Relationships: Expanding networks, advocacy and initiatives that support Aboriginal and Torres Strait Islander peoples, communities, services and corporations

·    Respect: Refining existing practices and protocols and promoting leadership and participation in public celebrations, programs and events

·    Opportunities: Increased employment, equal participation and retention of Aboriginal and Torres Strait Islander staff, community groups and organisations

·    Governance: Reporting and evaluation of results.

 

Major initiatives in this plan include:

 

·    Creation of Survival Memorials in three locations, the first in Yeo Park, Ashfield will be installed in 2022/23

·    Knowledge and culture playing a visible and integral role in placemaking and connecting to Country, including for example new walking trails and wayfinding across the Inner West

·    All Council tenders over $150,000 advertised on Supply Nation, and smaller scale positive procurement in favour of local Aboriginal businesses

·    Nurturing connection to Country, including tours, stories, dance, and services

·    New large scale Council research on archaeology in collaboration with local resident.

·    Identifying appropriate Council owned property for an Aboriginal Community Hub and scoping costs and logistics to implement.

 

IMPLEMENTATION

 

The opportunity for an Aboriginal Community Hub is being explored in collaboration with Council’s property section. This will enable the creation of a project to scope on this major initiative of the Plan.  The first Aboriginal Survival Memorial is planned for completion by end 2022/23, and the second two by the end of 2023/24. Specific timeframes are set out in the plan and across all Council teams.

 

FINANCIAL IMPLICATIONS

For Action 2.7, Council has approved the budget for one Aboriginal Survival Memorial in the 2022/23 financial year. The remaining two sites will be included as an adjustment in the first quarterly review of 2022/23. All sites will be funded by Section 7.11 contributions. Once the relevant  requirements have been costed, the funding of an Aboriginal Community Hub will be included in future budget processes. It is not currently funded.

 

 

 

 

ATTACHMENTS

1.

Reconciliation Action Plan

  


Council Meeting

13 September 2022

 

 























 


Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 4

Subject:         Endorsement of Ashfield Park Plan of Management           

Prepared By:      Aaron Callaghan - Parks and Recreation Planning Manager 

Authorised By:  Simone Plummer - Director Planning

 

 

 

RECOMMENDATION

 

That Council as land manager of Ashfield Reserve (Lot 2 DP607316);

 

1.   Endorse the Draft Plan of Management and refer this to the Minister for Water, Housing and Property for owners consent; and

 

2.   On receipt of owner’s consent place the Draft Plan of Management for Ashfield Park on public exhibition for 28 days and the Plan be brought back to Council for adoption.

 

 

 

DISCUSSION

At its Ordinary Council meeting on Tuesday 14 June 2022 Council resolved in part:

 

That the matter be deferred to the August Council Meeting for further consideration to allow for additional in person consultation.

 

Council has now completed the development of a 10-year draft plan of management and master plan for Ashfield Park (refer to Attachment 1). Additional onsite community engagement was held at the park on Saturday 30th July 2022. Approximately 70 local residents attended this engagement session. In addition, specific on site engagement has also been undertaken with each of the sporting clubs which utilise the park. The draft Master Plan has been revised as a direct result of the additional community engagement.

 

Community Engagement

 

Council has undertaken extensive community engagement as part of the development of the draft plan of management and master plan. The purpose of engagement was to establish key issues that the community may have in relation to Ashfield Park, as well as highlighting aspects of the park which are highly valued. Contributors were encouraged to include ideas, comments and suggestions to assist in prioritising the focus of key strategies and outcomes for the future.

 

The full community engagement report on the outcomes of community engagement and exhibition to date can be found at: Planning for Ashfield Park | Your Say Inner West (nsw.gov.au) 

 

In summary Council has undertaken the following community engagement:

 

Stage 1 -March 2021

 

Council sought community input/feedback on how to care for and manage and improve Ashfield Park over the next 10 years. Feedback received has been combined with planning and landscape advice along with legal expertise to assist with the development of a draft Plan of Management and Master Plan (PoM) refer to Attachment 1.

 

 

Key Master Plan Proposals (Developed from Stage 1)

 

·    A new interpretation strategy to highlight significant historic aspects of the park

·    New park furniture in selected shaded locations

·    Establishing a biodiversity area to the southern corner of the park

·    Continue to maintain the practice of cutting the parks’ shrubs into ornamental shapes and keep the name ‘Ashfield Park’.

·    Install two table tennis tables with concrete pads, accessible path and spectator seating.

·    Extend and improve the community garden.

·    Upgrade of one of the grass bowling greens to a synthetic green

·    An off-leash dog area in the north-east corner of the park

·    Upgrade the existing playground

·    Provision of cricket nets

·    Extend existing BBQ area and include additional natural play elements

 

 

Stage 2- July 2021

Draft Plan of Management exhibited for public feedback for a period of 42 days (closed 24th August 2021).

 

 

Key Master Plan proposals (Developed from Stage 2)

 

·    Heritage themes and existing park elements were highly valued by park users and these are referenced in the Plan of Management. 

·    Park users and residents expressed concerns about intensification of park usage through the introduction of additional recreation opportunities and the need to maintain passive recreational uses.

·    64% supported the provision of a Dog Off Leash Area

·    The synthetic bowling green was not supported by respondents with the community preferring to retain the natural turf. This has been maintained in the master plan to allow for consideration in the future. The current turf bowling green will however be retained.

·    Requests for Ping Pong Tables, Netball/Basketball Hoops-Not included with respect to requests not to overly develop the park and intensify its use.

·    Cricket nets were not supported by most respondents. Key safety issues were highlighted with the existing path network. The cricket nets were removed from the master plan.

·    Council received a petition with 122 signatures requesting additional swings within the park. The petition requests an additional swing set within the existing playground and an additional swing set outside the existing playground. Additional swings will be considered as part of a future playground upgrade for the park however it is recommended that these be retained within the existing playground footprint.

·    Community support was evident for maintaining the community garden and support for additional garden beds.

 

Stage 3-Additonal Community Engagement July 2022

 

On Wednesday 6th July 2022 Council officers met separately with the Ashfield Pirates Football Club, the APIA Leichhardt Football Club and the Ashfield Bowling club. Additional community engagement was held in July 2022 with onsite community engagement held at the park on Saturday 30th July 2022. A revised park master plan has been developed with the following inclusions:

 

 

 

 

 

Additional Master Plan Proposals (July 2022)

 

Ashfield Park Amenities Block

 

1.     Full refurbishment & upgrade of interior of amenities building to include the following: 

 

·    Co-design with seasonal hirers new interior layout 

·    Inclusion of canteen amenities 

·    Redesigned gender neutral changerooms with toilets 

·    Improved storage space within the two levels of building (former public toilets and outdoor staff space converted into storage areas)

·    Synthetic Apron between the Pavilion and Sporting ground (to address significant sporting ground wear and tear issues)

 

2.     Fence netting - poles extended on existing metal fence that runs along sideline on Pembroke St side. This will be full height of fence + net = 4 metres. This is to address a safety issue with soccer balls easily going over existing fence and reaching the road. There is a high degree of risk with junior players and car interactions in retrieving balls.

 

3.     Ashfield Bowling Club

 

·    Synthetic Green – potential to replace one or both bowling greens with synthetic turf 

·    Future Café access to Park 

·    Decking on side and wraparound front of clubhouse to allow for future café access and use (Park facing as well as bowling green)

·    Shelter above internal bowling green pathways 

·    Upgraded toilets and changerooms to become accessible 

·    Accessible assessment to incorporate into designs and plans  

·    Deck around kitchen/café side and across front of club house to create indoor and outdoor access  

 

Council officers have undertaken an extensive review of the draft Plan of Management and are presenting the plan to Council for endorsement and recommending that the Plan of Management is referred to the to the Minister for Land and Waters for owners’ consent for the purposes of reserve classification confirmation and exhibition. Formal correspondence from the relevant sporting clubs is attached as Attachments 2 and 3. An additional submission is also provided from the Ashfield Community Garden Committee, Attachment 4. Importantly It is noted that while Council supports community gardens, its role is to enable the activity of community gardens and encourage community participation, not provide maintenance.

 

Companion Animals Off Leash Area

The additional onsite community engagement held on Saturday 30th July 2022 noted significant community support for an off-leash companion animal exercise area to be established in the northeastern park of Ashfield Park adjacent to Ormond Street (note Option A zone- figure 1.0). Community support was evident in establishing a partial L shaped chain wire mesh fence (900mm high) to be installed (in Option A Zone) along Ormond Street up to and including a small portion of Paramatta Road. The fence is also to be landscaped.  The space advocated by the community for a future off leash companion animal exercise area is not a fully enclosed dog park and will remain as a shared space for community recreation within the park. The fencing proposed is to act as a barrier to the road and does not negate the legal responsibility that companion animals must always be under the effective control of their owners. Costings to undertake this work have been estimated at 170lm which equates to $35k. There is currently no budget for such works hence subject to future adoption of a Plan of Management for the park, budget estimates for this work will need to be considered in future years.  

 

It is noted that there were a range of additional submissions received from the community on the proposed dog off leash area, a number of which were opposed to the establishment of an off-leash area in the park. Attachment 3 includes a summary of all new submissions which were collated as part of the additional community engagement.

 

Fig.1.0 Community Feedback Support for an Off Leash Companion Animal Access Area

 

 

 

 

 

Next Steps

The Draft Plan of Management must be referred to the Minister for Lands and Water for formal endorsement of owner’s consent. On receipt of owners’ consent, the plan of management will be exhibited for a further 28 days and then brought back to Council for adoption. The Crown Land Management Act also requires that as part of the park plan of management planning process that Council seek and provide a copy of Native Title Managers Advice as per Section 8.7. This advice has been attached as Attachment 4.

 

FINANCIAL IMPLICATIONS

Once endorsed by Council the Ashfield Park Plan of Management and Masterplan will be independently assessed and costed by a registered Quantity Surveyor. Key master plan proposals will then be worked into Council Capital works program for park improvements over the next ten years.

 

 

ATTACHMENTS

1.

Ashfield Park Plan of Management and Master Plan

2.

Formal Submission Ashfield Bowling Club

3.

Formal Submission Ashfield Pirates

4.

Ashfield Community Garden Submission

5.

Additional Community Submissions

6.

Native Title Advice

  


Council Meeting

13 September 2022

 

Attachment 1

































































































































Council Meeting

13 September 2022

 

Attachment 2


Council Meeting

13 September 2022

 

Attachment 3


Council Meeting

13 September 2022

 

Attachment 4



Council Meeting

13 September 2022

 

Attachment 5







Council Meeting

13 September 2022

 

Attachment 6






































Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 5

Subject:         License Agreement for Community Access: Graham Green-Dulwich Hill High School of Visual Arts.            

Prepared By:      Aaron Callaghan - Parks and Recreation Planning Manager 

Authorised By:  Simone Plummer - Director Planning

 

 

 

RECOMMENDATION

 

That Council formally writes to both the Secretary of the NSW Department of Education and the Minister of Education in relation to the proposed license terms for Graham Green, seeking an urgent meeting and intervention by the Minister to address Council’s concerns, namely:

 

a)   Proposed Cost Shifting arrangement by the NSW Department of Education requiring that Council pay an annual license fee of $10,000 per year for community access to the Green as well ongoing maintenance responsibilities in the region of $14,000 annually;

 

b)   Ongoing Water costs for irrigation of the Green (previously a Department of Education responsibility); and

 

c)   Significant reduction in Community access reduced from seven days per week (outside of school hours) to two days access per week only (outside of school holidays).

 

 

DISCUSSION

Graham Green is located within the grounds of the Dulwich Hill High School of Visual Arts.

The playing field has enjoyed shared community use since 1993. In 1993, the former Marrickville Council and the Department of Education (the Department) worked collaboratively together on the formation of Graham Green. The former Marrickville Council provided a contribution of $25,000 toward its establishment and supported the required road closures. As part of negotiations with Council, the Department agreed that Graham Green would be made available to the public for recreational purposes outside of school hours (This agreement did not include an off leash companion animal exercise area).

 

As part of the Development Application consent granted by Marrickville Council in April 1993 for Graham Green,  Marrickville Council and the Department were required to enter into a formal agreement in relation to community use, maintenance and public liability.

 

In 2007, Marrickville Council and the Department entered into a license agreement regarding the community use of Graham Green and in 2017 Inner West Council and the Department entered into a further license agreement for the community use of Graham Green.

 

Council has maintained a good working relationship with the school up until 2019 when restrictions on public access commenced without any demonstrated or documented advice from the school. This has created significant concern within the local community and there has been ongoing representation to Council and the Local State member on this issue.  In 2020 the school removed all signage on the school grounds relating to community access to Graham Green. Following representation from local residents, Council at its own cost reinstated the original Graham Green Signage in road reserve areas managed by Council.  

 

 

Graham Green has been shared by the school and community since an agreement between the local council and Department of Education in 1993.

Fig 1.0 Graham Green

 

Council staff have been liaising with the NSW Department of Education in relation to negotiations for a new license agreement for community access to Graham Green. The Department has formally replied to Council with a draft heads of agreement (HoA).

 

In terms of future community access to the Graham Green, the draft heads of agreement (HoA) has been extensively scaled back from previous agreements in terms of community access arrangements. Access is no longer provided on normal weekdays outside of school hours and is restricted to weekends and school holidays only. Companion animals are not permitted to access the Green.

 

Council has also been requested to contribute financially to the ongoing maintenance of the Green. Maintenance costs have been assessed by Council’s Parks Operational team at an annual cost to Council of $14,000 per year.  In addition to the ongoing maintenance and cleaning requirements, the draft heads of agreement (HoA) also proposes an annual license fee of $10,000 per year on top of full maintenance responsibilities. The total cost to Council is estimated in the region of $24,000 annually.

 

At the same time the Department is proposing this additional cost to Council, the Dulwich Hill High School of Visual Arts and Design has continued free access to Council sporting ground facilities. Marrickville Oval is utilised by the school on Tuesday mornings and afternoons during the school terms for 2 hours per week.

 

Table 1.0 provides a summary of the draft heads of agreement (HoA) in comparison to previous agreements.

 

 

 

 

 

 

 

 

 

 

 

Table 1.0 Comparison of Proposed License Agreement in relation to Previous Community Access Arrangements-Graham Green

Terms

2021 Proposed Heads of Agreement

2017 Licence

2007 Licence

Length of Licence

3 years

3 years  + 2 year option at Departments absolute discretion

5 years + 5 year option

Permitted Use

Community recreation and informal games.

 

Not Permitted are unlawful purposes.

 

Unlawful purpose means any improper, illegal, unapproved or unsafe activity or nuisance that may cause harm to the Department, the playing fields or any wildlife residing on the playing fields, including but not limited to:

*carrying onto the playing fields any illicit drug, alcohol, cigarette(s) or weaponry of any kind,

*use, consumption and/or disposal of any illicit drug, alcohol and cigarette(s),

*disposal of or leaving behind weapons or animal faeces,

*causing property damage of any kind (including but not limited to damage to the turf, plants, garden, goal posts, school buildings and school fixtures, and any graffiti),

*causing injury to any animal or person on the playing fields,

* lighting fires,

*dumping or leaving any rubbish of any kind, and

* permitting pets or any animals access to the playing fields unless it’s a companion animal.

 

Community recreation and informal games by members of the community authorised by Council.

 

Not to cause a nuisance or inconvenience

 

No damage to fixtures, structures or installations.

 

No offensive behaviour, dogs, alcohol, rubbish or broken glass.

 

Not sell food or drinks without consent of Principal.

 

Obtain consents of relevant authorities for the conduct of sport.

Community, recreation, sporting activities and organised sporting activity

 

Not to allow any use that is for an illegal purpose or activity.

 

No riotous, disorderly, offensive or improper behaviour.

No drunk or disorderly behaviour

No immoral, obscene, offensive behaviour.

Licence Fee

$10K +GST with 3% annual increase

$10K + GST with 3% increase

$1.00 on demand

Access Times*

Sat/ Sun 7am- 7pm, Public Holidays 7am-7pm and

School Holidays 7am-7pm , except staff development day

Open and close the gates after use.

6am -8am and 4.30pm to end of daylight hours during school term

 

Weekend and Public Holidays – unrestricted access hours

 

Vacation periods – unrestricted days and access hours.

 

Access via Fairfowl St only.

Not to walk thru or access any other part of the school.

 

Principal responsible for opening and closing gates.

 

No access to toilets or change rooms.

Before 8am and after 4.30pm school days

Saturday / Sunday / public holidays and other days when school is not open and other days or times approved by the Principal.

Maintenance of playing fields

Council to mow, water, maintain turf, fertilise grass, keep playing fields clean and safe

Department to mow, water and fertilise grass, keep clean and tidy and carry out inspections after each weekend

Council to mow, top dress, fertilise, sow and plant lawn. Council undertook renovation works, field improvements, fencing and general landscape maintenance.

 

Water Usage

Council to pay water usage for the licensed area

No contribution to water usage

Not required

Terminate

For breach of licence

For breach of licence

6 months’ notice if required

Breach of licence

 

Additional Obligations

Council, after its hours of use but prior to the school resuming after weekend or school holidays use

*carry out an inspection of the playing fields,

*clean, safely remove and dispose of all rubbish (including but not limited to faecal matter, bodily fluids, broken glass, drug paraphernalia, dead animals, waste, alcohol, cigarette(s), weaponry, hazardous materials) and any other material left by its invitees from the playing fields and its surrounds,

*make good all damage caused by its invitees, and

*upon leaving, ensure all access to the playing fields are closed.

 

If Council is unable to complete its obligations as above, Council must do so by 10:00am on the day that the school use resumes.

 

* If Council doesn’t complete its obligations by 10:00am, the Department will, at its discretion and at Council’s cost do what Council should have done. 

 

* Council is to pay all of the Departments costs incurred (incl. but not limited to transport costs, additional supervision if required, use or hire fee of an alternative premises and insurance required for the alternative premises) to allow its students to be able to use an alternative playing field for learning and recreation.

 

Council to provide and maintain rubbish bins outside of playing fields

 

No motor vehicles except emergency motor vehicles

 

Department to ensure at the commencement of the access the playing fields are free from rubbish and dog excrement is removed.

 

Accidents during access are to be notified to the Principal and a report provided.

 

 

Keep the playing fields clean and free from rubbish & waste and dog excrement, remove and dispose of all refuse and garbage.

 

Put up signage regarding obligations

 

Keep the playing fields in a proper, safe and reputable manner.

Ensure activities are supervised and remove equipment.

 

Comply with directions of the Department and Principal.

 

Not to bring onto the playing fields any dangerous, poisonous or inflammable substance.

 

No alcohol, gambling, smoking or auctions.

 

No motor vehicles.

 

Repair or replace structures, fixtures, fittings if missing or damaged.

 

Reduction of Hours of Use

If Council doesn’t fulfil its obligations on 5 occasions during a 12 month period then the hours of use will be reduced to 12 noon on a Sunday to allow for cleaning and waste removal and will be in place for 3 months and will be extended for a further 3 months if Council continues not to fulfil its obligations

Not addressed

Not addressed

Department Reservations

The Department:

*close the playing fields if there is an emergency or required by law

* erect additional facilities or other structures on the  playing fields

* use the playing fields during Council’s use if required for Election Day polling place.

Not addressed

Not addressed

Hire

Not addressed

No Hire

Can make arrangements with invitees for future use and charge a fee.

Security

Not addressed

Not addressed

Council responsible for security during access hours

 

* The draft heads of agreement (HoA) only permits weekend community use during the school term (2 days per week). Outside the school term community access is permissible.

 

Inequities of Proposal

Table 1.1 below highlights current public and private school access to parks, sporting grounds and open spaces in the Inner West LGA.  Presently, forty-one public schools access Council’s parks and open spaces. A total of thirty private schools also utilise Council’s open space areas. If Council was to apply a use charge of $10,000 per year per public school use of parks and open space areas this would equate to $410,000 per year in revenue.

 

Table 1.1 Inner West School Use of Parks and Sporting Grounds

 

 

Public School

Park

Park Planning Notes

 

Annandale PS

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Cohen Park

The sporting ground is use for weekly sport on Fridays. No fee charged.

 

Annandale North PS

Cohen Park

Sporting ground is used for weekly sport and lunch play. No fees are charged for school access

 

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Whites Creek Valley

The Park is used for lunch play on Fridays. No fees are charged.

 

Balmain Public PS

Gladstone Park including basketball courts

Park is utilised as the school playground and physical exercise area. No fees are charged for school access

 

Mort Bay Park

Park is utilised for annual Cross Country carnival. No fees are charged.

 

Birchgrove Oval

Sporting ground is used for annual Athletics Carnival at a cost of $332.60.

 

Belmore Boys High

Leichhardt Oval #3

Sporting ground is used for annual Bay Run Cross Country event at no cost.

 

Birchgrove PS

Birchgrove Oval

Sporting ground used for weekly sport Thursdays and Fridays at no cost. The annual Cross Country Carnival has no cost, however the Athletics Carnival is charged at $332.60

 

Dobroyd Point PS

Robson Park

The park is booked for end of year picnic at no cost.

 

Leichhardt Oval #3

Annual Bay Run Major Event. A fee waiver is approval annually.

 

Drummoyne PS

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Fort Street PS

Leichhardt Park (sensory garden)

Has been booked for a Charity Day and sports event during COVID – 19 11/12/20

 

Glebe PS

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Haberfield PS

Algie Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Hunters Hill PS

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Kegworth PS

Richard Murden Reserve

Park is used for annual Cross Country Carnival as not cost.

 

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Leichhardt PS

King George Park

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Pioneers Memorial Park

Park used for annual Walkathon at no cost.

 

Nicholson Street PS

Birchgrove Park

Sporting ground is used for annual Athletics Carnival. There is a cost of $332.60 for this usage to cover line marking. Plus annual Cross Country Carnival is at no cost.

 

Orange Grove PS

Glover Street Oval

Sporting ground is used for weekly sport Fridays at no cost.

 

King George Park

Sporting ground is used for annual athletics carnival at $332.60. Plus annual Cross Country Carnival is at no cost.

 

Balmain Road

Sporting ground used for weekly sport Fridays at no cost.

 

Rozelle PS

King George Park

Sporting ground is used for annual athletics carnival at $332.60. Plus annual Cross Country Carnival is at no cost.

 

Stanmore PS (PSSA Sport)

Glover Street Oval

Sporting ground is used for inter-school sport competitions on Fridays.

 

Leichhardt Oval #2

Sporting ground is used for inter-school sport competitions on Fridays at no cost.

 

Leichhardt Oval #3

Sporting ground is used for inter-school sport competitions on Fridays at no cost.

 

Blackmore Oval

Sporting ground is used for inter-school sport competitions on Fridays at no costs

 

Waterfront Drive

Sporting ground is used for inter-school sport competitions on Fridays at no costs

 

Richard Murden Netball & Multi-purpose courts

Sporting ground is used for inter-school sport competitions on Fridays at no costs

 

Sydney Secondary College Balmain

Balmain Road

Sporting ground booked for  Tuesday sport at no cost.

 

Birchgrove Oval

Sporting ground booked for  Tuesday sport at no cost.

 

Bridgewater Park

Sporting ground booked for  Tuesday sport at no cost.

 

King George Park

Sporting ground booked for  Tuesday sport at no cost.

 

Sydney Secondary College Leichhardt

Blackmore Oval

Sporting ground booked for  Tuesday sport at no cost.

 

Cohen Park

Sporting ground booked for  Tuesday sport at no cost.

 

Easton Park

Sporting ground booked for  Tuesday sport at no cost.

 

Glover Street Oval

Sporting ground booked for  Tuesday sport at no cost.

 

Leichhardt Oval #2

Sporting ground booked for  Tuesday sport at no cost.

 

Leichhardt Oval #3

Sporting ground booked for  Tuesday sport at no cost.

 

Pioneer Memorial Park

Park is used for annual Cross Country event around exterior boundary at no cost

 

Richard Murden Reserve Netball & Multi-purpose courts

Sporting ground booked for  Tuesday sport at no cost.

 

Waterfront Drive

Sporting ground booked for  Tuesday sport at no cost.

 

Whites Creek Valley Basketball courts

Sporting ground booked for  Tuesday sport at no cost.

Ashfield Boys High

Ashfield Park

Sporting ground is used for weekly Sport on Wednesday. No fees are charged for school access

 

Centenary East

Sporting ground is used for weekly Sport on Wednesday. No fees are charged for school access

 

Centenary West

Sporting ground is used for weekly Sport on Wednesday. No fees are charged for school access

 

Hammond Park

Sporting ground is used for weekly Sport on Wednesday. No fees are charged for school access

 

Ashfield Public

Ashfield Park

The sporting ground is use for games in the morning and weekly sport on Fridays.  Annual Walkathon. No fee charged.

 

Balmain PSSSA

(Stanmore Public)

Tempe Reserve

Sporting ground is used for PSSA sport competitions on Fridays. (Note not use this year to Tempe Renovations

 

H.J Mahoney Reserve

Sporting ground is used for PSSA sport competitions on Fridays. No fees are charged for school access.

 

Burwood Girls

Centenary West

Sporting ground is used for weekly Games and Fitness on Tuesday. No fees are charged for school access

 

Croydon Public

Centenary East

Annual Cross Country Carnival. No fees are charged for school access

 

Centenary West

Sporting ground is used for weekly Sport PSSA on Friday. Annual Cross Country Carnival No fees are charged for school access.

 

Camperdown Sunshine Kids

Camperdown Park

Sporting ground is use on Tuesday for sports program. No fees charged for school access.

 

Dulwich High

Marrickville Park

Sporting ground is used for weekly Sport on Tuesday. No fees are charged for school access

 

Dulwich Public School

H.J. Mahoney Reserve

Annual Athletics Carnival There is a cost of $332.60 for this usage to cover line marking.

 

Johnson Park

Annual year picnic. No fees are charged for school access

 

Infant Home

Ashfield Park

Park is used for Playgroup. No fees area charged for school access.

 


Ferncourt Public

Mackey Park

The sporting ground is use for weekly sport on Fridays.  No fees are charged for school access

 

Steel Park

Annual Cross Country Carnival. No fees are charged for school access

 


Fort Street High

Petersham Park

Sporting ground is used for weekly Sport on Tuesday. Cross Country Carnival. No fees are charged for school access

 

Ashfield Park

Sporting ground is used for weekly Sport on Tuesday. No fees are charged for school access

 

Arlington Reserve

Sporting ground is used for weekly Sport on Tuesday. No fees are charged for school access

 

Lewisham Public

Johnson Park

Cross Country Carnival. No fees are charged for school access

 

Petersham Park

Cross Country Carnival. No fees are charged for school access

 

 

Marrickville Public

H.J Mahoney Reserve

Sporting ground is used for annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Marrickville West Public

H.J Mahoney Reserve

Sporting ground is used for Cross Country No Charge. Annual athletics carnival. There is a cost of $332.60 for this usage to cover line marking.

 

Petersham Public

Petersham Park

Sporting ground is used for weekly Sport on Friday. Annual Cross Country No fees are charged for school access

 

Share OOSH

DJ Gardens

Park is use on Monday to Friday for before and after school and in school holidays foe outdoor activities. No fees are charged for access.

 

South Sydney PSSA (Newtown public

Tempe Reserve

Sporting ground is used for PSSA sport competitions on Fridays. (Note not use this year to Tempe Renovations

 

Stanmore Public

Petersham Park

Park is used for Annual Cross Country No fees are charged for school access

 


Summer Hill Public

Pratten Park

Sporting ground is used for weekly PSSA Sport on Friday. No fees are charged for school access

 

Centenary Park East

Sporting ground is used for weekly PSSA Sport on Friday. No fees are charged for school access

 

Hammond Park

Sporting ground is used for weekly PSSA Sport on Friday. No fees are charged for school access

 

DJ Gardens

Sporting ground is used for weekly Sport on Friday. No fees are charged for school access

 

 

Johnson Park

Sporting ground is used for weekly Sport on Friday. No fees are charged for school access

 

Yeo Park

Sporting ground is used for weekly Sport on Friday. No fees are charged for school access

 

Sydney East School Sport Ass

Tempe Reserve

Sporting ground is used on Wednesday for Primary School Gala Days. No cost. Didn’t access ground this year due to Tempe Reserve been closed for renovations

 

Tempe High School

Mackey Park

Sporting ground is used for Weekly Sport on Tuesday Wednesday and Thursday. Annual Cross Country and Gala days at no cost.

 

Steel Park

Sporting ground is used for weekly sport on Tuesday. Annual Cross Country and Gala Day at no cost.

 

H,J Mahoney

Sporting ground is used for weekly sport on Tuesday. Gala Days at no cost.

 

Marrickville Park

Sporting ground used Wednesday for Gala Days at no cost.

 

Wilkins Public

Marrickville Park

Park used for annual End of year picnic at no cost.

 


 

 

Catholic & Independent schools

Bethlehem College

Algie Park

Sporting ground is used Thursday for weekly sport at no cost.

Father John Terry

Gladstone Park

Park is utilised as the school playground and physical exercise area. No fees are charged for school access

Birrung Park

Park is used Mon – Fri for weekly recess and lunch at no cost.

Birchgrove Park

Annual Athletics Carnival at $332.60. Cross Country at no cost.

Inner Montessori School

Punch Park

Park is used for recess and lunch play M,T,W & F at no cost.

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

Lilyfield Wombats (Early Childhood Centre)

Pioneers Memorial Park

Park is used Mon, Wed & Fri for Bush Kinder program at no cost.

Marist Sisters College Woolwich

King George Park

Sporting ground is used for annual 400m races only. No cost.

Metropolitan Catholic Colleges

King George Park

Sporting ground is used for annual Cross Country Championships incorporating The Bay Run as the course route. Start and finish at KGP. No cost.

My Steppingstones Early Childcare Centre

War Memorial Park

Park used for play Monday afternoons at no cost.

SCEGGS

King George Park

Sporting ground has been booked occasionally for athletic training, 4 dates only per year at casual hire rates.

St Columba’s Primary

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

St Fiacres

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

War Memorial Park

Annual Feast Day event booked annually at no cost

St James Catholic Primary

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

St Joan of Arc Catholic Primary

Algie Park

Sporting ground used Tuesdays for weekend sport at no cost. Annual Cross Country Carnival at no cost.

St Marks Catholic Primary

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

St Mary’s Cathedral

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

The Conservatorium High

King George Park

The sporting ground is booked for annual Athletics Carnival at $332.60

Bethlehem College

Pratten Park

Sporting ground is used Thursday for weekly sport at no cost.

Ashfield Park

Sporting ground is used Thursday for weekly sport at no cost.

Casimir College

H.J Mahoney Reserve

Sporting ground is used Thursday for weekly sport at no cost.

Steel Park

Sporting ground is used Thursday for weekly sport at no cost.

Mackey Park

Sporting ground is used Thursday for weekly sport at no cost.

Christian Brothers Lewisham high School

Marrickville Oval

Sporting ground is used Wednesday and Thursday for weekly sport in school hours at no cost. They also access sporting ground after school hours and charge apply. They use Turf wicket for sport and charges apply

Arlington Oval

Sporting ground is used Wednesday and Thursday for weekly sport at no cost. Ground is also access for after school hours and charges apply.

Petersham Oval

Sporting ground is used Thursday for weekly sport at no cost.

Camperdown

Sporting ground is used Thursday for weekly sport at no cost. Ground is also access for after school hours and charges apply.

Christian Brother Lewisham Primary School

Marrickville Oval

Sporting ground is used Thursday for weekly PE lessons at no cost.

De La Salle College

Ashfield Park

Sporting ground is used Thursday for weekly sport at no cost.

Centenary East

Sporting ground is used Thursday for weekly sport at no cost.

Centenary West

Sporting ground is used Thursday for weekly sport at no cost.

Hammond Park

Sporting ground is used Thursday for weekly sport at no cost.

Pratten Park

Sporting ground is used Thursday for weekly Rep sport at no cost.

Eileen O’Connor School

Petersham Park

Sport Day

Newington College

Arlington Reserve

Sporting ground is use Monday, Tuesday, and Thursday out of school hours and fee and charges apply

Marrickville Oval

Sporting ground is use for weekend sport and fee and charges apply

Tempe Reserve

Sporting ground is use Tuesday and Thursday out of school hours fee and charges apply (SPECIAL NOTE HAVE ADVISE NOT NEED THIS YEAR DUE COVID

 

 

PLC

Centenary East

Sporting ground is used for Annual Cross Country Carnival. No fees are charged for school access

Also book throughout the year for out of school hours fees and charges apply

Centenary West

Sporting ground is used for Annual Cross Country Carnival. No fees are charged for school access

Also book throughout the year for out of school hour fees and charges apply

St Maroun’s College

Marrickville Park

Annual Fun Run. No fees are charge for school access.

St Joan of Arc

Pratten Park

The sporting ground is booked for annual Athletics Carnival at $332.60

St Michaels

Weekley Park

Park is used Monday to Friday for lunch time play at no cost.

St Paul’s of the Cross

JF Laxton Reserve

Park is used Monday to Friday for lunch time play at no cost.

St Vincent’s Catholic Primary

Ashfield Park

The sporting ground is booked for annual Cross County and St Vincent’s Day. No fees are charged for school access.

Trinity Grammar

Yeo Park

The sporting ground is booked for weekly sport training Tuesday to Saturday. No fees are charged for school access the ground within school hours. Fee and Charges apply for outer school usage and weekends

Hammond Park

The sporting ground is booked for Cricket on Saturday. Fees are charged apply.

 

 

The Athena School

Camperdown Park

The sporting ground is booked for annual Jogathon. No fees are charged for school access

 

 

 

 

 

 

 

Summary

 

The draft heads of agreement (HoA) for Graham Green is heavily weighted in favour of the NSW Department of Education and offers very little community benefit moving forward. The proposal in its current form represents a cost shifting exercise by the NSW Department of Education. Council has been requested to meet the full ongoing maintenance costs for access to The Green and pay an annual license agreement.  Significantly, Council and the community are only being offered 2 days a week access outside of school holidays. The draft heads of agreement (HoA) places onerous obligations on Council and the users of the Graham Green.   It is recommended that Council resolve to formally write to both the Secretary of the NSW Department of Education and the Minister of Education in relation to the proposed draft heads of agreement (HoA) and seek an urgent meeting and intervention by the Minister to address Council’s concerns.

 

FINANCIAL IMPLICATIONS

In its current form the proposed license agreement represents an annual cost to Council of $24,000 per year. A total of $14,000 for ongoing maintenance and cleaning requirements and an annual license fee of $10,000 per year with a 3% annual increase on top of full maintenance responsibilities.

 

 

 

ATTACHMENTS

Nil.


Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 6

Subject:         Aquatics Inclusion Swim Program           

Prepared By:      Simon Duck - Senior Manager Aquatics  

Authorised By:  Simone Plummer - Director Planning

 

REcOMMENDATIOn

 

That Council endorse:

 

1.    A twice-yearly Trans and Gender Diverse Swim Event held with no admission charge;

 

2.    An annual Abilities Open Day held with no admission charge; and

 

3.    The ongoing provision of Learn to Swim and Swimming Awareness as partnership programmes, provided at a concession rate.

 

 

BACKGROUND

 

At its Ordinary Council meeting on Tuesday 10 May 2022 Council resolved that:

 

Council requests that staff investigate the feasibility of future Trans and Gender Diverse Swim Nights and swim nights for other communities, such as people with disabilities, and refugee families, at Inner West Council Aquatic Centres and bring a report back to Council, including an estimate of costs and whether an entry fee should be charged.

 

DISCUSSION

 

The five aquatics facilities operated by the IWC provide an amenity which can be enjoyed by all members of the community. The provision of open days and events enables the promotion of the available facilities as well as providing access to information regarding healthy lifestyles and programs within the aquatic facilities.

 

The first Gender diverse Swim night was held at Ashfield Aquatic Centre on Friday night 29 April 2022. The date was selected at short notice in order to minimize impact on other programmed activities.  There were 220 attendees, and post event feedback indicated the event had been well received by the community. 

 

Broad communications in the lead up to the event had led to some negative commentary.  Learning from this, alternate communications strategies were employed for the second event which took place on the Sunday afternoon 28 August 2022, 399 registered to attend with 202 captured on the QR code and for both events no admission was charged.

 

These two successful Trans and Gender Diverse swim events demonstrate a sound model for communications, engagement, and running of the event has been developed.  Free entry with a cap on attendance, combined with targeted communications has created a special community event that receives support from a range of other relayed community groups.

 

Going forward a twice-yearly event is recommended.  These can be offered at the Ashfield Aquatic Centre (AAC) during a summer season and at the indoor Annette Kellerman Aquatic Centre (AKAC) during a winter period.  It is recommended this twice-yearly event is held with free admission and capped attendance.

 

 

Annual Abilities Day

 

An annual “Abilities” open day is recommended for the AAC providing an event for those with mobility or other challenges as well as families, carers and supporters. Held as an event sufficient staff support is ensured for those requiring the use of ramps, hoists and other amenities and to celebrate those members of the community including carers, family and friends who can attend on the day.

 

The proposed location is the outdoor Program pool at the AAC allowing use of the movable floor with other relevant assistive devices available such as ramps, aquatics wheelchairs.  AAC also offers the best option in terms of both parking and public transport for mobility impaired attendees.

 

Other Community Programs

 

Existing programs such as Yoga, Pilates and other classes, programs and services are also available to be themed or modified for greater inclusivity and celebration for events such as World-Pride Day and the Mardi Gras.

 

For instance, World Pride games are being held in Sydney next year and will receive support from the IWC Aquatics as follows;

 

·    Ashfield Aquatic – IWC is hosting an aquatics swimming event as part of Sydney World Pride. This will be a recreation swimming event held in the various pools at the AAC.

·    LPAC - IWC is hosting a competitive swimming event as part of Sydney World Pride and will feature use of the 50m pool for swimming competition.

·    Dawn Fraser Baths - IWC is hosting an aquatics event as part of Sydney World Pride. This will be a recreation-based event to be held in the evening at the DFB in the harbourside pool allowing attendees to relax, swim and enjoy the sand and beach areas of the DFB.

 

Refugee Families

 

The Aquatics team continues to work with the Community Services team on an as needs basis to operate Refugee Learn to Swim and also Refugee swimming awareness and recreation sessions. These programs have had great past success and will continue in partnership with the IWC Community Services Team and the Refugee Welcome Centre.  These two partners identify the need and Aquatic staff assist with a program that includes learn to swim instructors and additional lifeguards as necessary to ensure safety and learning.

 

Aquatics Pricing and Services, Concession rates

 

General entry and Concession rates currently exist across all Aquatic Centres allowing attendees a range of various entry prices depending on their program choice, including;

·    General and Concession swim entry

·    General and Concession Multi-Pass entry for pool

·    General and Concession Lean To Swim

·    General and Concession Gym membership

·    General and Concessions casual gym entry

·    General and Concession casual Group Fitness classes

·    General and Concession programs for NDIS participants.

 

Concessions are available for all government issued concession pass holders, including the $1.20 swim entry fee for concession card holders - available at all IWC Aquatic Centres.

 

 

FINANCIAL IMPLICATIONS

Promotional events are the provision of free or significantly discounted entry fees to IWC Centres.  Open days that support and promote a specific sector of the community are able to take place on a free entry basis for limited time periods as approved.

 

Council’s schedule of Fees and Charges also permits a various of entry and concession prices across the Aquatic Centres, which can be based on lane hire, additional staffing or other operational costs depending on the unique needs of the event such as the swimming competition to be undertaken for the Sydney World Pride games.

 

 

 

ATTACHMENTS

Nil.


Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 7

Subject:         Henson Park - Private Public Partnership           

Prepared By:      Matthew Pearce - General Counsel 

Authorised By:  Peter Gainsford - General Manager

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Confirms that the outcomes and deliverables of the Henson Park Grandstand Redevelopment Project as outlined in the Henson Park PPP Initial Assessment are acceptable;

 

2.   Proceed with the Henson Park Grandstand Redevelopment Project as a Public Private Partnership with the AFL (NSW/ACT) Commission Limited;

 

3.   Authorise the General Manager to:

 

a)   certify that all documentation, as part of the Henson Park Grandstand  Redevelopment Project, has been prepared in accordance with the Public Private Partnership Guidelines 2022; and

 

b)   submit all documentation to the Office of Local Government for assessment of the Henson Park Grandstand Redevelopment Project as a Public Private Partnership.

 

4.   Delegate to the General Manager the authority to negotiate and execute a Heads of Agreement with the commercial terms to be reported back to Council.

 

 

 

 

 

DISCUSSION

Background

Last year Council has received a proposal from the AFL (NSW/ACT) Commission Limited (the AFL) for the redevelopment of the grandstand known as the King George V Memorial Grandstand at Henson Park, Marrickville which also includes the construction of a multipurpose building (the Project).

 

The AFL proposes to fund, construct and procure the redevelopment of Henson Park through State and Federal grants as well as committing an additional $2.5M in exchange for a non-exclusive licence to use parts of Henson Park for match play games and training sessions in respect of the AFL Women’s League. Such an arrangement satisfies the definition of a Public Private Partnership (PPP) under section 400B of the Local Government Act 1993 (the Act). As such, the Project is required to be considered under the Public Private Guidelines 2022 (the Guidelines) and assessed by the Office of Local Government (OLG).

 

At the Council Ordinary meeting in August 2021, the Henson Park Plan of Management (PoM) was  adopted. A key concept of the PoM included the future upgrade of the King George V Grandstand and the provision of support amenities to allow for future AFL and Rugby League content at the Park.

 

On 26 October 2021, the Council considered the redevelopment of Henson Park and resolved the following:

 

1.   Council endorse the proposed redevelopment of the Henson 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 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 an Agreement to Lease and Lease documents, which includes ongoing community access to Henson 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 Henson 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 season per sporting code;

 

10. Given Council’s recent $2.6 million dollar investment in the Henson Park sporting ground upgrade program it is recommended that Council cap its contribution to any future construction project to $500K for this particular project;

 

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 Henson Park and seek to make the ground an official home ground for the Swans Women's team;

 

14. Council work with the Newtown Jets and Sydney Swans to prepare a development application and submit a grant application to the NSW Government for the upgrade of facilities to allow both teams to play elite sport at Henson Park into the future;

 

 

15. Council commit to maintaining ongoing, public access to Henson Park for the community as occurs currently; and

 

16. The development incorporate energy and water efficiency.

 

 

 

On 9 August 2022, Council resolved at its Ordinary meeting, to exhibit an amended PoM for Henson Park. The amended PoM is currently on exhibition in relation to terms of the licence concerning the use of Henson Park and the public accessibility of the Amy Street Footpath. The exhibition period closes on 22 September 2022 with a report back to Council in relation to the re-adoption of the PoM at its October meeting.

 

The Henson Park Grandstand Redevelopment Project (the Project)

 

The Project consists of the following construction work at Henson Park:

(a)  Grandstand – provide DDA lift access to upper levels and complete upgrades to meet access requirements.

(b)  Player amenities in Grandstand – upgrade and reconfigure, providing for change areas, with wheelchair access and facilities suitable for female players, increase storage areas for sporting and park maintenance equipment.

(c)   Multipurpose building – construct a new building providing public amenities, including a baby change facilities, accessible toilets, game day canteen, coaches boxes and media broadcast facilities.

(d)  Upgrade the areas surrounding the grandstand, including paving and drainage requirements.

(e)  Reconfigure back of house areas and service access to improve presentation.

 

The Project, subject to a Development Application (DA), was independently assessed by an external planning consultant. An assessment report was prepared and submitted to the Local Planning Panel for determination of the Project. The Panel approved the DA on 5 September 2022.

 

The Project Funding

 

The AFL is to fund the majority of the Project. The total cost of the Project is estimated to be $12,174,121. The current funding of the Project by the AFL is based on the following funding sources:

 

a)   NSW State Government funding grant of $2.5M with the AFL contributing $2.5M as part of the terms of the grant funding;

 

b)   a Federal Government election commitment estimated at $2.5M to fund the redevelopment of Henson Park;

 

c)   The AFL contributing an additional $2.5M from its own finances; and

 

d)   Council contributing $500,000 (capped) to the construction of the Project based on Council’s resolution of 26 October 2021.

 

 

At present there is a funding gap. The AFL are committed to fund this shortfall through committing their own monies and further grant funding.

 

Heads of Agreement (HoA)

 

A Heads of Agreement (HoA) between Council and AFL is an initial agreement that outlines the core commercial terms for the Project construction and the terms of the Licence to use Henson Park.  It should be noted that the Newtown Jets (Jets) are not a party to the HoA as the Jets are not contributing any funding to the Project. In any event, the Council, at the appropriate time, will enter into discussions with the Jets for the future sporting use of Henson Park.

 

The AFL Licence

 

The core commercial terms of the Licence Agreement between Council and the AFL are as follows:

 

a)   Term - 21 years (this is the maximum period for a Licence of Community Land under the Act);

 

b)   Licence  - A non-exclusive annual seasonal licence to use Henson Park for the following specified number of days/hours during the term of the licence agreement:

 

(i)         Up to 10 days for ticketed match games (limited to 5 hours per day) in the summer season for the Women's Competition;

(ii)        Up to 10 days for ticketed match games (limited to 5 hours per day) in the winter season; and

(iii)       Non-ticketed match games and training will be booked in accordance with the with Council's adopted Sporting Grounds Allocation Policy.

 

c)   Licence Fee – The fee will be charged in accordance with Council’s Annual fees and charges for Henson Park:

 

d)   Mandatory Use - The licence to use Henson Park will be subject to the following ongoing mandatory use:

(i)         use by the Newtown Jets;

(ii)        a minimum amount of community use of the facilities;

(iii)       the facilitation of junior sports; and

(iv)       public access outside the playing surface during non-ticketed community match days that includes but is not limited to local residents and dog walkers.

 

 

The HoA which is being negotiate with the AFL is a preliminary agreement between the parties where the agreed core terms are to be imported into Development and Licence Agreements for the Project’s construction and the non-exclusive sporting use of Henson Park. At present, the HoA remains in draft with ongoing discussions with the AFL.

 

Matters which remain to be resolved between the parties include the extent of Council’s involvement, if any, in the Project works, oversight of Council’s Project Manager in respect of key milestones of the Project during design and construction, engagement of an Independent Certifier to certify compliance with construction  standards and clarity around the Project if it fails to meet Practical Completion.

 

Another unresolved issue is the terms of the Licence agreement as to the number of ticketed games required by the AFL. At present, the Council has resolved, at its 26 October 2021 meeting, to allow the AFL to host 20 ticketed games for the Women’s League during the summer season at Henson Park. The AFL are seeking 40 ticketed games (20 ticketed games in the summer season and 20 ticketed games in the winter season) in respect of the Licence.

 

Council staff are not proposing to increase the number of ticketed games to AFL.

 

Despite the need to continue to negotiate, the HoA in its draft form is ready for initial submission to and assessment by the OLG.

 

 

 

 

 

The Guidelines and assessment by the OLG (two steps)

 

The Guidelines outline the requirements for Local Government PPP proposals. As the Project is deemed to be a PPP due to the AFL’s further financial contribution of $2.5M separate to Council and Government funding, the Council must not enter into such an arrangement to provide public infrastructure unless it has complied with the Guidelines. The OLG have confirmed that it considers the Project to be a PPP. Council therefore must submit a PPP proposal to the OLG for initial assessment, and thereafter, for full assessment, before entering into any formal arrangement with a private party such as the AFL.

 

First Step - Initial Assessment

 

The requirements for the initial assessment of the Project by the OLG involves Council undertaking the following assessment tasks in accordance with the Guidelines:

 

Assessment Task 1 - completing a self-assessment questionnaire;

 

Assessment Task 2 - preparing various strategic documents including:

 

(i)         a statement of the Project relationship with Council’s Integrated Planning and Reporting regimen (IPR documents);

(ii)        a statement of outcomes and deliverable of the Project; and

(iii)       an outline of the proposed management and governance structure for the delivery of the Project.

 

Assessment Task 3 - preparing various business case documents including:

 

(i)         a justification of public private partnership as a delivery model;

(ii)        an estimation of the total project costs and sources of funding;

(iii)       a breakdown of the contributions made by the AFL and Council; and

(iv)       an assessment of Council’s financial contribution in relation to the annual revenue available for such infrastructure projects.

 

Assessment Task 4 - preparing a Risk Management Plan for the Project and an Evaluation Plan for Expressions of Interest from other parties.

 

Assessment Task 5- preparing contract documents - Heads of Agreement.

 

Second Step - Final Assessment

 

The final assessment of the Project will involve the Council undertaking the last assessment task:

     

Assessment Task 6 – receiving and assessing pre-expression of interest responses from other sporting associations under the Evaluation Plan.

 

 

The final assessment will involve Council submitting to the OLG a complete package of Council’s Public Private Partnership Documentation which addresses any clarification sought by the OLG, as a consequence of the initial submission, and assessment of the remaining EOI assessment task.

 

 

 

 

 

 

 

Council’s Public Private Partnership Documentation (Initial Assessment)

 

Council has prepared documentation in accordance with the Guidelines for the initial submission to and assessment by the OLG. This is summarised as follows:

 

(a)  Henson Park Grandstand Redevelopment Project Initial Assessment – Assessment Tasks 1, 2, 3 and 4; and

(b)  Heads of Agreement – Assessment Task 5.

 

The Project, as a PPP between Council and the AFL, aligns with the Council’s IPR documents including the Community Strategic Plan, Local Strategic Plan and Plan of Management and Master Plan for Henson Park. The outcomes and deliverables of the Project, as a business case, are outlined in the Henson Park Grandstand Redevelopment Project Initial Assessment.

 

Governance matters are supported by a Probity Plan appointing an external probity advisor for the Project, a Risk Management Plan to identify and manage threats and opportunities during the Project and an Evaluation Plan for the EOI documentation.

The Council’s PPP Documentation has been prepared in accordance with the Guidelines and is ready for submission to the OLG for its initial assessment. The PPP Documentation provides justification that the Project can be delivered as a PPP with clear outcomes and deliverables.

 

Certification by the General Manager and Council Resolutions required by the Guidelines

 

The Guidelines mandate the requirement that the General Manager must certify that Council’s PPP Documentation has been prepared in accordance with the Guidelines prior to being submitted to the OLG for assessment. Further, the Guidelines require that such certification can only be authorised by Council resolution. The certification is to read:

 

“I, Peter Gainsford, General Manager of Inner West Council, hereby certify that the Henson Park Grandstand Redevelopment Project Initial Assessment put forward by the Inner West Council to the Office of the Local Government for its initial assessment of the proposed Henson Park Grandstand Redevelopment PPP has been prepared in accordance with the Public Private Partnership (PPP) Guidelines (January 2022).”

 

In addition, the Guidelines require a resolution that Council proceed with the Project as a PPP and that Council agrees that the outcomes and deliverables of the Project are acceptable.

 

FINANCIAL IMPLICATIONS

Council has resolved on 26 October 2021 to contribute $500,000 towards the construction costs of the Project.

 

The costs associated with the engagement of a Project Manager ($487,000 excl. GST) and a Probity Advisor ($10,000 excl. GST) is to be funded from Council’s quarterly budget revenue.

 

 

ATTACHMENTS

1.

Henson Park Grandstand Redevelopment Project Initial Assessment

2.

Draft Heads of Agreement

  


Council Meeting

13 September 2022

 

Attachment 1



























































































Council Meeting

13 September 2022

 

Attachment 2
















Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 8

Subject:         Social Media Policy            

Prepared By:      Michael Gleeson - Acting Strategic and Corporate Communications Manager 

Authorised By:  Peter Gainsford - General Manager

 

 

 

RECOMMENDATION

 

That Council:

 

1.   Place the draft Social Media Policy in attachment 1 on public exhibition for a period of 28 days; and

 

2.   Consider the results of the public exhibition process when adopting the final Social Media Policy.

 

 

 

 

DISCUSSION

Council currently has two social media policies:  

·      Social media policy for staff  

·      Social media policy for Councillors   

 

These policies were adopted in March 2018 and due for review.   
  

In 2021 the Office of Local Government (OLG) developed a draft Model Social Media Policy (OLG model) that was placed on public exhibition for comment from 28 May 2021 to 23 July 2021.   

  

Council staff provided input to the Internal Ombudsman Shared Service who made a submission on the draft OLG model on behalf of Inner West Council.  

  

The OLG model was developed to provide local councils with a robust framework for the use of social media and instil appropriate behaviours from elected representatives when using the platforms in their official capacities.  

  

It has been developed to be fit-for-purpose in a digital age where innovation and emerging trends have fast-become the norm, and local communities are calling on their council to engage with them more frequently online.  

  

It is not mandatory to adopt the OLG model but it is considered best practice.    

   

The Social Media Policy combines a framework for Councillors and staff into one policy rather than two separate polices as we have now.    

  

In comparison to our own current policies the proposed new policy provides far greater detail and coverage, in essence strengthening our current policies.  Some of the important additions include:   

 

·    Key principles to communicate by: Openness, Relevance Accuracy, and Respect  

·    Risks and challenges of social for Council and its officials   

·    Standards of conduct that are acceptable on official Council social media platforms including what content can and cannot be posted and the implications for breaches   

·    Processes for moderation including stating when platforms are monitored, adding links to house rules, having clear steps for how and when comments and content from third parties may be hidden and when and how commentators may be blocked   

·    Protocols for how to communicate during emergencies  

·    Obligations for recording keeping under the State Records Act 1983   

·    Explaining what constitutes private use of social media and how to engage in a private capacity as opposed to an official one  

 

Significantly the proposed new policy combines two detailed frameworks, one for staff and one for Councillors.  

  

The Staff Framework   

·    Places the responsibility for the social media policy with the General Manager who appoints a Social Media Coordinator detailing the requirements for administering the official Council channels  

·    Provides details and process around authorised users, delegations and the experience required to run Council’s official social media  

·    Explains details for training staff and induction 

·    Mentions the required tone to be used on official platforms  

 

The Councillor Framework   

·    Outlines how Councillor social media content and moderation is the responsibility of individual Councillors 

·    Details the requirement for training at Councillor induction on the use of social media and obligations under the policy  

·    Explains the requirements of providing links to all official social media platforms on Council’s website, how to identify on those platforms, the need to link to the house rules where this is practical to do so and how and who to advise if any official platforms change  

·    Mentions who is covered by the policy and on which platforms  

 

Council was given a briefing on the proposed new Social Media Policy by the Manager Strategic and Corporate Communications on 16 August 2022. This proposed policy is largely based on the OLG Model. 

 

This policy has not been amended since the councillor briefing and any questions raised by Councillors has been responded separately by the Manager Strategic and Corporate Communications.

 

FINANCIAL IMPLICATIONS

$20,000 required for archiving software for all Council’s social media.

 

 

ATTACHMENTS

1.

Proposed Social Media Policy

  


Council Meeting

13 September 2022

 














Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 9

Subject:         Instrument of Delegation - Mayor           

Prepared By:      Beau-Jane De Costa - Senior Manager Governance and Risk  

Authorised By:  Kelly Loveridge - Director Corporate

 

 

 

RECOMMENDATION

 

That Council adopt the Instrument of Delegations to the Mayor, as outlined and attached to the report.

 

 

 

DISCUSSION

In accordance with Section 380 of Local Government Act 1993 (the Act) Council must review it’s delegations within the first 12 months of each term of office.

 

Additionally, section 226 outlines the role of the Mayor as follows:

 

a.   to be the leader of the council and a leader in the local community,

b.   to advance community cohesion and promote civic awareness,

c.   to be the principal member and spokesperson of the governing body, including representing the views of the council as to its local priorities,

d.   to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council,

e.   to preside at meetings of the council,

f.    to ensure that meetings of the council are conducted efficiently, effectively and in accordance with this Act,

g.   to ensure the timely development and adoption of the strategic plans, programs and policies of the council,

h.   to promote the effective and consistent implementation of the strategic plans, programs and policies of the council,

i.    to promote partnerships between the council and key stakeholders,

j.    to advise, consult with and provide strategic direction to the general manager in relation to the implementation of the strategic plans and policies of the council,

k.   in conjunction with the general manager, to ensure adequate opportunities and mechanisms for engagement between the council and the local community,

l.    to carry out the civic and ceremonial functions of the mayoral office,

m.  to represent the council on regional organisations and at inter-governmental forums at regional, State and Commonwealth level,

n.   in consultation with the councillors, to lead performance appraisals of the general manager,

o.   to exercise any other functions of the council that the council determines.

      Council also has the ability to determine any other function the Mayor may exercise,  
      and this is appropriately captured within the Instrument of Delegation to the Mayor.

 

Council resolved on 22 May 2018 to adopt an Instrument of Delegation to the Mayor that provided the following functions:

 

1. approve leave and expenses incurred by the General Manager in accordance with
    the contract of employment.

 

2. authorise press statements and publications on behalf of the Council, including to
    make public statements on matters of official Council attitude or interpretation of  
    Council policy or concerning Council’s resolutions and proposals.

 

3. respond to media enquiries.

 

4. authorise expenditure within the adopted budget for the Office of the Mayor not
    exceeding $20,000, and only with the concurrence of the General Manager for an
    amount over $10,000.

 

5. make urgent decisions on behalf of Council during the annual recess period, with
    any such decisions to be reported to the first available Ordinary Council meeting.

 

The proposed amended delegation does not remove any previously resolved functions as outlined above, however it does align the Mayor’s delegation to the appropriate Council template with the relevant terminology and proposes additional clauses to improve clarity as shown in the table below:

 

Additional Clauses

Reason

E)  General authority of Council during a Recess Period

 

Included to provide Council with a clear and transparent process to follow when in the recess period

F)   Excluding those function:

Included to clearly identify the functions excluded from the Delegation of the Mayor

3)   These delegations and authorities are subject to, and are to be exercised in accordance with:

 

Included to outline the responsibilities when exercising functions

4)   These delegations and authorities should be construed as:

 

Included to provide assurance around Council operating in a manner that is valid and to not limit any legislative functions of the Mayor or Council resolved functions to the Mayor

5)   These delegations and authorities are effective from the date of the Resolution of the Council and remain in force until amended or revoked by a resolution of the Council.

Included to provide clarity regarding the implementation and process of amendment

6)   In this delegation:

 

Included to align with Council’s delegation template (and advise the reader of acronyms and definitions used throughout)

 

 

ATTACHMENTS

1.

Proposed - Instrument of Delegations - Mayor

  


Council Meeting

13 September 2022

 




Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 10

Subject:         Post Exhibition Report 1-5 Chester Street Annandale - Voluntary Planning Agreement               

Prepared By:      Jill Blunden - Lawyer 

Authorised By:  Matthew Pearce - General Counsel

 

 

 

RECOMMENDATION

 

That Council:

 

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

 

2.   Authorises the General Manager to approve an amendment to the parties to the amended VPA, should the property be sold.

 

 

 

 

 

DISCUSSION

1-5 Chester Street, Annandale (Property) is located at the end of Chester Street and is situated approximately 250 metres from Pyrmont Bridge Road.

 

The Property falls within the Parramatta Road Corridor Urban Transformation Strategy (PRCUTS) which identifies Johnstons’ Creek as a pedestrian and cycle corridor to connect Parramatta Road with Rozelle Bay. The Property is a key link in the creation of the pedestrian and cycle path throughout the Inner West local government area as part of the strategy.

 

In conjunction with the PRCUTS council developed a draft masterplan for the Parramatta Road Urban Amenity Improvement Program for the various projects to be undertaken in the LGA which included the Johnstons’ Creek pedestrian and cycle corridor (Masterplan). The through link at the Property will commence the delivery of the pedestrian and cycle corridor identified in the Masterplan.

 

The Property was the subject of a planning proposal that was assessed by the then Minister for Planning and Public Spaces as a gateway determination in accordance with section 3.3 of the Environmental Planning and Assessment Act 1997 (Act).  The determination amended Leichhardt Local Environmental Plan 2013 (LLEP 2013) and the Property is now included under Part 6 – Additional Local Provisions.

 

The relevant clauses of LLEP 2013 applicable to the Property are Clauses 6.22 and 6.23.

Clause 6.22 (5)(g) requires the development to include a 6m wide pedestrian and cycle path with landscaping adjacent to Johnstons’ Creek and clause 6.22 (5)(j) requires the development to provide active frontages on Chester Street and Johnstons’ Creek.

 

Council considered the amended voluntary planning agreement (VPA) that relates to the Property at the Council meeting held on 9 August 2022. Lengthy histories of matters should be included as attachments.

 

 

 

 

 

Council resolved at that meeting:

 

That the amended Voluntary Planning Agreement (VPA) for 1-5 Chester Street, Annandale be:

 

1.   Placed on public exhibition for a minimum of 28 days;

2.   Reported back to Council after public exhibition; and

3.   Authorises the General Manager to approve any amendments to the amended VPA prior to public exhibition.

 

Engagement Methods

 

The VPA was publicly exhibited for 28 days from 9 August to 6 September 2022. The engagement was undertaken online via Your Say Inner West and promoted through Council’s website and social media.

 

Engagement Outcomes

One (1) submission was received on Council’s YSIW which supported the Voluntary Planning Agreement. Other comments were raised in the submission and are noted.

 

If any further submissions are received these will be cirulated to councillors during the consideration of the business paper at the Council meeting on 13 September 2022.

 

FINANCIAL IMPLICATIONS

Council will receive a monetary contribution of $95,000.00.

 

 

ATTACHMENTS

1.

Voluntary Planning Agreement

  


Council Meeting

13 September 2022

 




















































Council Meeting

13 September 2022

 

Item No:         C0922(1) Item 11

Subject:         Local Traffic Committee Meeting - 15 August 2022           

Prepared By:      Sunny Jo - Acting Traffic and Transport Manager  

Authorised By:  Manod Wickramasinghe - Acting Director Infrastructure

 

 

 

RECOMMENDATION

 

That the Minutes of the Local Traffic Committee meeting held on 15 August 2022 be received and the recommendations be adopted.

 

ITEMS BY WARD

 

Ward

Item

Baludarri

(Balmain)

Rozelle North LATM Final Report 

Beattie Street at Harris Street, Balmain - Proposed kerb blister island

Cameron Street, Balmain (between Mort Street and Clayton Street) -Proposed kerb indentation

27-29 Percy Street Rozelle - Temporary full road closure

School crossing supervisor for Darling Street, Balmain

Gulgadya

(Leichhardt)

Update on improvements to the Frederick Street, Ashfield crossing

Midjuburi

(Marrickville)

Dudley Street, Dulwich Hill; Illawarra Road, Marrickville; Burrows Avenue, Railway Road, Gleeson Avenue and (lower) Railway Parade, Sydenham - Temporary parking changes during major rail shutdown of T3 Line for Sydney Metro Upgrade Works - Bus   replacements – 24 September 2022 to 9 October 2022 and 26 December 2022 to 15 January 2023

Holbeach Avenue, Tempe – Temporary full road closures for MS Sydney to the Gong Bike Ride on Sunday 6 November 2022

Bunnings Tempe Traffic Signal Feasibility Study

Djarrawunang

(Ashfield)

Nil.

Damun (Stanmore)

Nil.

All Wards

Nil.

 

DISCUSSION

The August 2022 meeting of the Local Traffic Committee was at Ashfield Service Centre. The minutes of the meeting are shown at ATTACHMENT 1.

 

FINANCIAL IMPLICATIONS

Projects proposed for implementation are funded within existing budget allocations.

 

PUBLIC CONSULTATION

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

the Traffic Committee.

 

ATTACHMENTS

1.

Local Traffic Committee minutes 15 August 2022

  


Council Meeting

13 September 2022