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Council Meeting
8 November 2022 |
Minutes of Ordinary Council Meeting held on 8 November 2022 at Ashfield Service Centre
Meeting commenced at 6.32pm
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Present: |
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Darcy Byrne Philippa Scott Liz Atkins Marghanita Da Cruz Jessica D’Arienzo Mark Drury Dylan Griffiths Mathew Howard Justine Langford Pauline Lockie Kobi Shetty Chloe Smith John Stamolis Timothy Stephens Zoi Tsardoulias Simone Plummer |
Mayor Deputy Mayor Councillor (Attended remotely) Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor General Manager Director Planning |
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Ryann Midei |
Director Infrastructure |
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Michael Daly Kelly Loveridge Beau-Jane De Costa Matthew Pearce Daryl Jackson Manod Wickramasinghe Lisa Murphy Simon Watts Scott Mullen |
Acting Director Community Director Corporate Senior Manager Governance and Risk General Counsel Chief Financial Officer Manager Traffic and Transport Services Urban Forest Manager Social and Cultural Planning Manager Manager Strategic Investments and Property |
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Katherine Paixao |
Business Paper Coordinator |
APOLOGIES: Nil
Motion: (Byrne/Stephens)
That Council accept Councillor Atkins’ request to attend tonight’s Council Meeting for personal reasons via audio visual link.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
DISCLOSURES OF INTERESTS:
Clr Howard declared a non-significant, non-pecuniary interest in Item 6 Local Traffic Committee Meeting – 17 October 2022 as he works in the office of the State Member for Summer Hill who has a representative on the Local Traffic Committee. He will remain and participate in the meeting for discussion and voting as the vote of the State Member is exercised through a representative.
Clr Scott declared a significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as she is on the board of MetroAssist, which is one of the recommended grant recipients as listed in the report. She will exit the chamber during discussion and voting of the item.
Clr Atkins declared a non-significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as they are a member of Petersham Bowling Club, but not a member of the executive of the club, nor a particularly active member. They will remain and participate in the meeting for discussion and voting on the matter.
Motion: (D’Arienzo/Stephens)
That Council note the disclosures of interest.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
CONFIRMATION OF MINUTES
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That the Minutes of the Council Meeting held on Tuesday, 25 October 2022 be confirmed as a correct record. Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
PUBLIC FORUM
The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.
Clr Stamolis raised a question regarding the annual report and financial statements. The Mayor ruled this question out of order as it was not in relation to an item on the agenda.
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That Council:
1. Seek to partner with advocacy organisations, including Shelter NSW, The Tenants Union, Marrickville Legal Centre and the NSW Council of Social Service to advocate for changes to Tenancy laws in NSW;
2. Receive a report from Council Officers to the February 2023 Council meeting identifying how Council can propose legislative and regulatory changes to achieve the following objectives:
a) banning no fault evictions;
b) lengthening tenancy periods to give tenants long-term security of 5 – 10 years;
c) new government oversight of complaints about repairs and maintenance;
d) consideration of an empty properties tax for residential and retail properties; and
e) allowance for renters to own pets.
3. Further, include in the report:
a) A plan for community consultation with renters to identify the challenges they are facing and to inform Council’s planning and advocacy; and
b) An assessment of how Council’s health and safety compliance role can be used to assist local businesses in ensuring that repairs and maintenance are carried out by their landlords.
4. Propose again to the NSW Government that the Local Government Act be amended to allow Council to reduce rates for main street property owners who keep their properties tenanted, funded by a commensurate increase in rates for landlords who keep their main street properties untenanted for a prolonged period.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Griffiths/Da Cruz) That Council urgently write to NSW Members of Parliament asking them to support the Residential Tenancies Amendment (Prohibiting No Grounds Evictions) Bill 2022, currently before the NSW Legislative Assembly, which if passed could remove no grounds convictions by Xmas.
Motion Lost For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias |
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That Council:
1. Oppose the ongoing location of the dolphin moorings, the floating dry dock, and the various inoperable vessels in Snails Bay, under the approval of NSW Maritime (now Transport for NSW); and
2. Write to the NSW Minister for Transport, the Member for Balmain and the executive officers of the Maritime agency, proposing the removal of the above-mentioned structures and vessels, and also outline the range of public uses and benefits that are being prevented due to the dolphins location, including:
- Recreational uses including sailing, kayaking and fishing. - Disruption of the iconic views from Snails Bay of Sydney Harbour.
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
Procedural Motion (Scott/Smith)
That Council Suspend Standing Orders to bring forward the following items to be dealt with at this time.
· Item 7 Chester Street Carpark, Petersham
· Item 12 Updated Annual Disclosure of Interest Return 2021
· Item 15 Notice of Motion: Disability Pride Flag Raising
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Procedural Motion (Scott/Smith)
That the following items be moved in globo and the recommendations contained within the report be adopted:
· Item 7 Chester Street Carpark, Petersham
· Item 12 Updated Annual Disclosure of Interest Return 2021
· Item 15 Notice of Motion: Disability Pride Flag Raising
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
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That Council:
1. Notes the EOI for the sale of the Chester Street Car Park will be closed;
2. Notes the sale and redevelopment opportunities for the Chester Street Car Park will be considered through the audit of Council land as outlined in Council resolution C0322(1); and
3. Requires that any future development of the Chester Street Car Park has net positive benefits to local traffic and parking conditions, and has sympathetic design and architectural quality with the character and heritage of the surrounding area, including the adjacent Beynon and Hayward building.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
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That Council defer the report to the December meeting to receive a summary table of the criteria for applications in the draft DCP in comparison to the existing DCP.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
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That in addition to the previously endorsed One (1) open day per Centre per year, totalling five (5) community open days, Council confirms:
1. Two free ‘Trans and Gender diverse swimming events per year rotated between facilities. That will require pool closures to other users of no more than 4 hours;
2. Two free ‘Abilities’ swimming events per year rotated between Centres based on centre availability;
3. Additional ad-hoc opportunities to be considered on a case-by-case basis such as ‘World Pride’ events that will be held in March 2023. Fees and charges to be applied;
4. Council work with the Community Refugee Welcome Centre to re-establish refugee swimming program;
5. Council officers engage in further discussions with Sydney Local Area Health and /or other program providers during business as usual and provide access to Aquatics facilities based on availability and referencing fees and charges; and
6. Aquatics staff to continue to engage with Council's Access Committee for support and insights into ongoing program opportunities where applicable.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Da Cruz)
That Council also consult with the asylum seeker centre.
This amendment lapsed for want of seconder.
Amendment (Griffiths/Shetty)
That point 5 be amended to the following:
Council officers engage in further discussions with Sydney Local Area Health regarding a prospective partnership to offer a 'Gym and Swim' to its participants at a discounted rate.
The Mayor ruled this amendment out of order as it is not different to the current point 5. |
The Mayor, Councillor Byrne left the Meeting and vacated the chair at 7:42 pm. The Deputy Mayor, Councillor Scott assumed the chair.
The Mayor, Councillor Byrne returned to the Meeting at 7:45 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.
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That Council:
1. Endorse the draft Verge Gardening Policy and Guideline for public exhibition stage, subject to the following amendments;
4.22 An individual tenant or owner occupier can apply for a verge garden adjoining their multi-unit dwelling/ building.
2. Provide feedback to the Director Planning and Environment on the Policy and Guideline as well as the operation of the program to date;
3. Specifically consult the community, during the exhibition, on amending the proposed policy to allow regulated hard landscaping and objects on the verge, including planter boxes and barriers of limited sizes and designs; and
4. Rather than residents, pay for the cost of cutting and removing of any existing concrete paving from streets where verge gardens have been requested by residents and approved by Council.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
The Deputy Mayor, Councillor Scott left the Meeting at 7:52 pm as she declared a significant, non-pecuniary interest in Item 5 2022 Annual Grants Round as she is on the board of MetroAssist, which is one of the recommended grant recipients as listed in the report.
The Deputy Mayor, Councillor Scott returned to the Meeting at 8:01 pm.
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That Council maintain the current organisation structure consisting of four Directors and General Counsel as Senior Staff reporting to the General Manager as outlined below:
· Director Planning; · Director Corporate; · Director Community; · Director Infrastructure; and · General Counsel.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil
Amendment (Stamolis/Da Cruz)
That Council give consideration to the creation of a Director Environment and Sustainability and Director Finance.
Motion Lost For Motion: Crs Atkins, Da Cruz, Griffiths, Langford, Lockie, Shetty and Stamolis Against Motion: Crs Byrne, D'Arienzo, Drury, Howard, Scott, Smith, Stephens and Tsardoulias |
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That Council receive and note the report.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
The Mayor, Councillor Byrne left the Meeting and vacated the chair at 8:21 pm. The Deputy Mayor, Councillor Scott assumed the chair.
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That Council:
1. Note that Australia is one of the few countries in the world that still locks away children as young as 10 years old;
2. Supports the Raise the Age campaign;
3. Calls upon the Federal and NSW state parliaments to raise the age of criminal responsibility to at least 14 years old and instead invest in community led solutions;
4. Notify the Raise the Age campaign of our support;
5. Write to Prime Minister Anthony Albanese, the NSW Premier, NSW opposition leader Chris Minns, the Federal and NSW Attorney-Generals and local state and federal members in support of the Raise the Age campaign; and
6. Include a small blurb about this motion and a link to the Raise the Age petition in a future council newsletter.
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 Absent: Cr Byrne |
Councillor Lockie left the Meeting at 8:23 pm.
Councillor Da Cruz left the Meeting at 8:24 pm.
Councillor Lockie returned to the Meeting at 8:25 pm.
The Mayor, Councillor Byrne returned to the Meeting at 8:27 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.
Councillor Da Cruz returned to the Meeting at 8:29 pm.
Procedural Motion (Howard/Scott)
That Council allow Councillor D’Arienzo to speak for 1 additional minute on Item 17.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Councillor Griffiths left the Meeting at 8:46 pm.
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That Council: 1. Note that the Balmain Bowling Club has been amalgamated into St John’s Park Bowling Club and has remained closed for many months despite public assurances from the management that the Club would reopen before now;
2. Write to the Management of the Club, Clubs NSW and any relevant regulatory authorities expressing concern that the Club remains closed and seeking assurances about when it will be reopened;
3. Notify local residents of Council’s concerns and provide them information about how they can advocate to the Club and the aforementioned authorities for the Club to be reopened; and
4. Receive a report about the zoning status of the Club. Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr Griffiths |
Councillor Griffiths returned to the Meeting at 8:48 pm.
Procedural Motion: (Lockie/Drury)
That Council enter into Confidential session.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Confidential Session
That in accordance with Section 10A(1) of the Local Government Act 1993, the following matters be considered in Closed Session of Council for the reasons provided:
C1122(1) Item 21 Council Advertising and Inner West Council News (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.
C1122(1) Item 22 Procurement of ICT Devices (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.
C1122(1) Item 23 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)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
C1122(1)
Item 24 Cahill Street Playground & Lewis Herman Reserve Construction
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 and (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.
C1122(1) Item 25 King George Park - Carpark Upgrade 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 and (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.
C1122(1) Item 26 Acquisition by agreement of an easement 4.1m wide at the side boundary of 2 Hay St, Leichhardt (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)(ii) of the Local Government Act 1993) that would, if disclosed confer a commercial advantage on a competitor of the council.
C1122(1) Item 27 Recycling Service Alignment (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.
resolutions passed during closed session
Councillor D'Arienzo left the Meeting at 8:58 pm.
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That:
1. The contract for RFQ 104-22 ICT End User Devices be awarded to the recommended vendor as detailed in the confidential report; and
2. The General Manager be delegated authority to sign and execute the contract.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil Absent: Cr D'Arienzo |
Councillor D'Arienzo returned to the Meeting at 8:59 pm.
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That Council:
1. Note the alignment of a fortnightly 240 litre bin commingled recycling collection service across the Inner West commencing 1 July 2023;
2. Support the funding of the supply, delivery, take back and recycling of mobile garbage bins, funded from the domestic waste reserve; utilising the Local Government Procurement panel contract (NPN111-3);
3. As part of the community engagement plan, confirm it will write to every affected household and conduct a targeted online campaign clearly outlining the rationale for the changes in the former Leichhardt council area, including the environmental and economic benefits of the planned changes, as well as clearly spelling out the details of logistical changes for households;
4. Make an urgent submission to the NSW Environmental Protection Agency's Discussion paper in support of expanding the types of drink containers accepted in the NSW Return and Earn Scheme;
5. Defer consideration of the tender for a single collection contract for recycling and other nominated collection services across the LGA commencing 3 April 2024 to the December 2022 meeting and receive a councillor briefing prior to the meeting; and 6. Receive a report outlining the potential to expand the in-house collection services to the entire Local Government Area including cost and implementation timeline.
Motion Carried For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias Against Motion: Nil |
Procedural Motion: (D’Arienzo/Howard)
That Council move back into the Open Session of the Council Meeting.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias
Against Motion: Nil
Meeting closed at 9.11pm.
Public Speakers:
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Item #
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Speaker |
Suburb |
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Item 1 |
Robert Mayer |
Stanmore |
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David Baxter |
Leichhardt |
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Rene Holmes |
Ashfield |
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Item 4 |
Mike Roberts |
Ashfield |
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Item 15 |
Hannah Solomons |
Ashfield |
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Item 31 |
Lindsay Anderson |
Birchgrove |
Unconfirmed minutes of the Ordinary Council meeting held on 8 November 2022.