Council Meeting 6 December 2022

Minutes of Ordinary Council Meeting held on 6 December 2022 at Ashfield Service Centre

Meeting commenced at 6.32 pm

Present:
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 Peter Gainsford Simone Plummer	Mayor Deputy Mayor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor Councillor General Manager Director Planning
Ryann Midei	Director Infrastructure
Ruth Callaghan Kelly Loveridge Beau-Jane De Costa Matthew Pearce Daryl Jackson David Daniels Cassie Malone Denise Benger Katie Miles	Director Community Director Corporate Senior Manager Governance and Risk General Counsel Chief Financial Officer Audit Office Audit Office Acting Manager Strategic Planning Acting Team Leader Infrastructure Planning
Katherine Paixao	Business Paper Coordinator

APOLOGIES:     Nil

DISCLOSURES OF INTERESTS:

Clr Scott declared a significant, pecuniary interest in Item 9 Public Domain Master Plans as her residence appears in the public domain masterplan study area for the Norton Street and Marion Street precinct.  She will exit the chamber during discussion and voting of the item.

Clr Scott declared a non-significant, non-pecuniary interest in Item 17 IWC Sporting Ground Condition Report as she is the President of Sydney Secondary College (SSC) P&C. The SSC Oval is a shared sporting ground with Inner West Council and is in the portfolio of sporting groups which are subject to the condition report and upgrade program. The program is general to all sporting grounds and not specific to SSC, therefore she will stay in the meeting for discussion and voting on this item.

Clr Scott declared a significant, non-pecuniary interest in Item 42 Notice of Motion: Leichhardt Tramsheds as she is the President of Sydney Secondary College P&C. The neglect of the Leichhardt Tramsheds has been of significant detriment to SSC. Any change to its use would be of benefit to the school. She will exit the chamber during discussion and voting of the item.

Clr Howard declared a non-significant, non-pecuniary interest in Item 19 Local Traffic Committee Meeting – 21 November 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 Langford declared a non-significant, non-pecuniary interest in Item 53 Notice of Motion: Natural area restoration opportunity as she lives near the site that has been identified and she is of the opinion that it would not add any value to her property and therefore she will stay in the meeting for discussion and voting on this item.

Motion: (Stephens/Atkins)

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

Motion: (Drury/Scott)

That the Minutes of the Council Meeting held on Tuesday, 8 November 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

Procedural Motion (Byrne/Drury)

That the meeting be adjourned for 2 minutes.

Motion Carried

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

Against Motion:          Nil

The meeting was adjourned at 6.41pm

The meeting recommenced at 6.42pm

PUBLIC FORUM

The registered speakers were asked to address the meeting. The list of speakers is available on the last page of these minutes.

The Mayor, Councillor Byrne left the Meeting and vacated the chair at 7:14 pm. The Deputy Mayor, Councillor Scott assumed the chair.

The Mayor, Councillor Byrne returned to the Meeting at 8:23 pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.

Procedural Motion (Scott/Stephens)

That the meeting be adjourned for 5 minutes.

Motion Carried

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

Against Motion:          Nil

The meeting was adjourned at 8.57pm

The meeting recommenced at 9.04pm

C1222(1) Item 1  Condolence Motion: Victor Pinkerton

Motion: (Da Cruz/Lockie)

That Council write to Victor Pinkerton’s sister Georgie Beazley offering our condolences to his family and plant a tree in Annandale in Victor’s memory.

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

C1222(1) Item 2  Condolence Motion: Helen Jean Gray of Summer Hill. 1943-2022

Motion: (Drury/Byrne)

That Council notes the passing of Helen Gray of Summer Hill, celebrates her life and passes our condolences to her daughter.

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/Howard)

That Council allow the Mayor, Councillor Byrne to speak for 1 additional minute in his right of reply in 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

C1222(1) Item 3  Mayoral Minute: Rozelle Parklands

Motion: (Byrne)

That Council:

1.   Condemns the NSW Government’s cuts to key sporting and community infrastructure from the final design plans for the Rozelle Parklands, which includes the loss of the all-weather sporting field, all public car parking, 2 multipurpose sports courts, and the toilet facilities for the children’s playground;

2.   Calls on the NSW Government to reinstate all of the above-mentioned facilities that have been cut from the plans for the Rozelle Parklands and writes to the NSW Premier, Minister for Transport and Minister for Public Spaces insisting upon this;

3.   Restates Council’s unwillingness to take on care, control and management of the Rozelle Parklands until the Government has transparently disclosed the costs of the construction and ongoing repairs and maintenance through a Master Plan for the site;

4.   Writes to residents in Rozelle, Lilyfield and Annandale notifying them of the Government’s cuts to facilities promised in the Rozelle Parklands and informing residents how they can advocate for the reinstatement of these facilities;

5.   Hold a meeting with all relevant sporting clubs who made submissions in support of these facilities to recommence advocacy with them for the reinstatement of the facilities; and

6.  Calls on the NSW Government for the filtration of the stacks.

Motion Carried

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

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

C1222(1) Item 65         Mayoral Minute: Main Street Revitalisation Fund

Motion: (Byrne)

That Council:

1.   Officers prepare a report for the February 2023 Ordinary Council Meeting outlining an expression of interest process that would be open to a coalition of local businesses, main street property owners, chambers of commerce, community and arts organisations to apply to Council for up to $1.5million in capital investment in a main street improvements in return for them enacting a comprehensive plan for revitalisation of that street;

2.   Identify funding through the 2023/2024 budget process for up to 5 main streets to be provided $1.5 million in capital works improvements, totalling $7.5 million in costs for the program;

3.   Identify state and federal government grant funding that can assist to further expand the capital available for the program;

4.   Consult with local businesses, main street property owners, chambers of commerce, community and arts organisations about the criteria for the expression of interest process and the nature of the works which would be undertaken through Council’s capital contribution; and

5.   Seek advice from the Committee for Sydney, the NSW 24 Hour Commissioner and other relevant government and non-government organisations with expertise in main street revitalisation in developing the expression of interest criteria and the program.  

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

C1222(1) Item 66         Mayoral Minute: Australian Conservation Foundation

Motion: (Byrne)

That Council:

1.    Partner with the Australian Conservation Foundation (ACF) Inner West Branch to progress and promote the “Vote for your Local Mascot” campaign within the Inner West LGA;

2.    Promote the campaign at Council libraries and service centers, as well as through Council’s social media channels and the community events program; and

3.    Host a campaign event when voting results and the Inner West’s new biodiversity Mascot are declared including the ACF and Councillors, in conjunction with Council’s Environment Advisory Committee.

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

C1222(1) Item 67         Mayoral Minute: Enmore Special Entertainment Precinct

Motion: (Byrne)

That Council:

1.   Note that the Enmore Road Special Entertainment Precinct trial concluded on November 30 and was successful in a range of measurable ways;

2.   Welcome the decision of the NSW Department of Planning to allow the trial to continue under the current conditions while developing a Planning Proposal to make the Special Entertainment Precinct permanent;

3.   Thank Council officers and Enmore businesses for their excellent work and collaboration in conducting the trial and making it a success;

4.   Write to all Enmore Road businesses and Enmore residents to notify them of the Planning Department’s decision to continue the trial; and

5.   Receive a report to the February 2023 Ordinary Council meeting evaluating the trial and outlining the next steps through which Council can commence planning for further Special Entertainment Precincts in other Inner West locations as previously resolved.  

Motion Carried

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

Against Motion:          Nil

Procedural Motion (Byrne/Stephens)

That Council allow Councillor Howard to speak for 1 additional minute on Item 68.

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

C1222(1) Item 68         Mayoral Minute: The Chrys Meader Auditorium in Marrickville  
         Library

Motion: (Byrne)

That Council:

1.   Name the main auditorium in the Marrickville Library the Chrys Meader Auditorium and install story boards in the auditorium to tell the story of her life of service to the Marrickville community; and

2.   Hold a community event to mark the renaming and the installation of the story boards and to celebrate the life of Chrys Meader.

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

C1222(1) Item 69        Mayoral Minute: Anti-Racism Strategy

Motion: (Byrne)

That Council:

1. Work with the Inner West Council Aboriginal and Torres Strait Islander Advisory Committee, Multicultural Advisory Committee, Inner West Multicultural Network and other Aboriginal and multicultural organisations within the LGA to develop the local Inner West Anti-Racism Strategy;

2. Convene a reference group to support development of the Strategy and ensure that lived experience of the people of the Inner West is reflected in its development. The Reference Group should include representatives from the following:

· Aboriginal and Torres Strait Islander Advisory Committee;

· Multicultural Advisory Committee;

· Inner West Multicultural Network;

· Greek Welfare Centre Community Services;

· Vietnamese Seniors Association;

· Metropolitan Local Aboriginal Land Council;

· Chinese Australian Services Society (CASS); and

· Italian Association of Assistance (Co.As.It).

3. Report back to Council in April 2023 on establishment of the Reference Group, it’s membership and progress on developing the Anti-Racism Strategy.

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 Suspend Standing Orders to bring forward the following items to be dealt with at this time:

1. Item 11 Defibrillators in Council Sporting Grounds;

2. Item 16 Post Exhibition - Model Code of Conduct;

3. Item 20 Minutes of the Audit, Risk and Improvement Committee Meeting Held   
on 17 August 2022;

4. Item 24 Mandatory Reporting of Fire Safety Reports Referred to Council by Fire
and Rescue NSW;

5. Item 25 Community Wealth Building;

6. Item 29 Submission to the Local Government Remuneration Tribunal 2023;

7. Item 31 Statistical Report on Code of Conduct Complaints;

8. Item 40 Notice of Motion: Soft Plastics;

9. Item 43 Notice of Motion: Sydenham Road and Fitzroy Street, Marrickville;

10. Item 44 Notice of Motion: Campbell Street, St Peters;

11. Item 45 Notice of Motion: Transport for NSW Fail;

12. Item 46 Notice of Motion: Action on Community Safety;

13. Item 61 Procurement of Microsoft EA Licensing; and

14. Item 63 RFT 28-21 Pioneers Memorial Park Amenities Upgrade.

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 the following items be moved in globo and the recommendations contained within the report be adopted.

1. Item 11 Defibrillators in Council Sporting Grounds;

2. Item 16 Post Exhibition - Model Code of Conduct;

3. Item 20 Minutes of the Audit, Risk and Improvement Committee Meeting Held   
on 17 August 2022;

4. Item 24 Mandatory Reporting of Fire Safety Reports Referred to Council by Fire
and Rescue NSW;

5. Item 25 Community Wealth Building;

6. Item 29 Submission to the Local Government Remuneration Tribunal 2023;

7. Item 31 Statistical Report on Code of Conduct Complaints;

8. Item 40 Notice of Motion: Soft Plastics;

9. Item 43 Notice of Motion: Sydenham Road and Fitzroy Street, Marrickville;

10. Item 44 Notice of Motion: Campbell Street, St Peters;

11. Item 45 Notice of Motion: Transport for NSW Fail;

12. Item 46 Notice of Motion: Action on Community Safety;

13. Item 61 Procurement of Microsoft EA Licensing; and

14. Item 63 RFT 28-21 Pioneers Memorial Park Amenities Upgrade.

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

C1222(1) Item 11         Defibrillators in Council Sporting Grounds

Motion: (D’Arienzo/Howard)

That:

1. Council’s Sporting Ground Allocations Policy is updated as part of a formal review in 2023 to include a clause that all Sporting clubs and organisations (community and commercial) accessing Council sporting grounds must have operational Defibrillators (AEDs) in place by the winter sporting season in 2024;

2. Council promote the NSW Government Office of Sport 2023 Defibrillator grant program to both encourage and assist Inner West community clubs to apply for the grant;

3. Council note a program will commence to provide Defibrillators to the remaining Council operational buildings without defibrillators, the cost of this will form part of the consideration of the 2023-24 financial year budget; and

4. Council endorse participation in the NSW AED register being rolled out via Service NSW.

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

C1222(1) Item 16         Post Exhibition - Model Code of Conduct

Motion: (D’Arienzo/Howard)

That Council adopts the draft Model Code of Conduct in Attachment 1.

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

C1222(1) Item 20         Minutes of the Audit, Risk and Improvement Committee Meeting
         Held on 17 August 2022

Motion: (D’Arienzo/Howard)

That Council adopts the minutes of the Audit, Risk and Improvement Committee Meeting held on 17 August 2022.

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

C1222(1) Item 24         Mandatory Reporting of Fire Safety Reports Referred to Council
         by Fire and Rescue NSW

Motion: (D’Arienzo/Howard)

That Council:

1. Receive and note the correspondence from Fire and Rescue NSW in relation to the following properties:

168 Liverpool Road Ashfield (Attachment 1); and

250 Liverpool Road Ashfield (Attachment 2).

2. Endorse the Council Officers use of statutory powers (and discretion as appropriate) under the Environmental Planning and Assessment Act 1979 to require upgrades to buildings to the satisfaction of Council’s Fire Safety Team in order to:

a)   improve the provisions for fire safety at the premises;

b)   improve the provisions of fire safety awareness;

c)   improve the adequacy of the premises to prevent fire;

d)   improve the adequacy of the premises to suppress fire or prevent the spread of fire; and

e)   improve the safety of persons in the event of fire.

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

C1222(1) Item 25         Community Wealth Building

Motion: (D’Arienzo/Howard)

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

C1222(1) Item 29         Submission to the Local Government Remuneration Tribunal
         2023

Motion: (D’Arienzo/Howard)

That Council endorse and submit the proposed Local Government Remuneration Tribunal Submission in Attachment 2, by Friday 16 December 2022.

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

C1222(1) Item 31         Statistical Report on Code of Conduct Complaints

Motion: (D’Arienzo/Howard)

That Council note the Statistical Report on Code of Conduct Complaints relating to Councillors and the General Manager for the period 1 September 2021 to 31 August 2022.

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

C1222(1) Item 40         Notice of Motion: Soft Plastics Recycling

Motion: (D’Arienzo/Howard)

That Council:

1.   Notes the suspension of the soft plastic recycling program operated through major supermarkets by REDcycle;

2.   Notes Australians use approximately 70 billion pieces of soft plastic each year, the vast majority of which is not recycled; 

3.   Investigates alternative soft plastics recycling programs that may be offered through Council’s Green Living Centre, the Summer Hill Reuse Centre, SSROC, existing partnerships including Recycle Smart, or opportunities to allow soft plastics to be collected in the kerbside recycling, such as the Curby program;

4.   Continues to advocate strongly for a robust and sustainable circular economy, including the prevention and reduction of soft plastics use, including: 

a)   Producing a social media campaign to encourage consumers to refuse and reuse soft plastics and ways to eliminate soft plastic use, particularly while soft plastic recycling is suspended;

b)   Supporting initiatives including Plastic Free July; and 

c)   Consulting with local organisations and resident groups to determine ways council can cooperate and support their work to reduce plastic use, intensify reuse and promote recycling.

5.   Requests officers provide an urgent briefing note advising the likely impact on Council's waste services, including additional costs for landfill and detailing options for and limitations associated with the expansion of soft plastics recycling by local governments in NSW;

6.   Writes to the CEOs of Woolworths and Coles conveying the concerns of inner west residents at the suspension and to request they urgently progress action to reduce the use of soft plastics at the source, resume soft plastics recycling and for take responsibility for product stewardship;

7.   Writes to the Premier of NSW and the NSW Minister for Environment and Heritage seeking  detailed information on how the NSW Government plans to meet its target for 100% of plastic packaging to be fully recyclable by 2025 and advocating for the implementation of a packaging stewardship scheme for soft plastics that sees the introduction of full cycle producer responsibility for packaging as a matter of urgency; and

8.   When nominations open, nominate soft plastics be added to the Federal Government’s product stewardship priority list 2023-2024 under the Recycling and Waste Reduction Act (RaWE Act 2020).

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

C1222(1) Item 43         Notice of Motion: Sydenham Road and Fitzroy Street,
         Marrickville

Motion: (D’Arienzo/Howard)

That Council:

1.   Notes the dangerous intersection of Sydenham Road and Fitzroy Street;

2.   Acknowledge the urgent need for traffic lights to be installed to improve pedestrian, cyclist and motorist safety; and

3.   Writes to the Minister for Metropolitan Roads and Minister for Women's Safety and the Prevention of Domestic and Sexual Violence, the Hon. Natalie Ward MLC, asking that Transport for NSW work with Inner West Council to investigate the installation of traffic lights at the intersection and to improve pedestrian safety at the location as a matter of priority. 

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

C1222(1) Item 44         Notice of Motion: Campbell Street, St Peters

Motion: (D’Arienzo/Howard)

That Council:

1.   Condemns WestConnex and Transport for NSW for refusing to properly manage the verges and green spaces around WestConnex sites, including on Campbell Street, St Peters; 

2.   Notes residents, councillors, Council staff, and the Member for Heffron, Ron Hoenig, have been advocating for almost a year for proper maintenance to be conducted along Campbell Street, St Peters, with Transport for NSW only undertaking minor and irregular works;

3.   Notes the concerns of Inner West residents at the quality of green spaces associated with WestConnex and Transport for NSW projects, including the so-called park at the St Peters Interchange, subsidence at the netball courts at Richard Murden Reserve, Haberfield, and the proposed Rozelle parklands, where the NSW Government has wound-back plans for public infrastructure;

4.   Writes to the Minister for Metropolitan Roads and Minister for Womens’ Safety and the Prevention of Domestic and Sexual Violence, the Hon. Natalie Ward MLC, demanding: 

a)   That urgent remediation works be undertaken on Campbell Street, St Peters, including the elimination of weeds that have now seeded; 

b)   That a regular, frequent, effective schedule of maintenance be approved for Campbell Street, St Peters and that this be publicly shared with council and the community; and 

c)   That the NSW Government acknowledge and address the deep concerns of Inner West residents at the appalling quality of green space associated with WestConnex and Transport for NSW projects.

5.   Considers all available options to enforce Transport for NSW’s responsibilities for managing the lands on Campbell Street, St Peters. 

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

C1222(1) Item 45         Notice of Motion: Transport for NSW Fail

Motion: (D’Arienzo/Howard)

That Council:

1.   Calls on the NSW Minister for Roads immediately provide the long suffering residents of Milton Street Ashfield with a project update on the Georges River Road and Milton Street, Ashfield Intersection Upgrade with explanations for any variations in the published scope of the project;

2.   Asks the Minister to  insist that more rigorous noise testing of any work done between 8pm and 5am and improved noise attenuation; and

3.   Requests that all Blackwood Avenue Ashfield be resurfaced by Transport for NSW due to the impact of the project and increased use of this Avenue by those working on the upgrade.

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

C1222(1) Item 46         Notice of Motion: Action on Community Safety

Motion: (D’Arienzo/Howard)

That:

1.   In consultation with the community, local architects and businesses and the police, Council develop an Inner West Community Safety Action plan; and

2.   As part of this process, Council work with the community, Bill Crews Foundation, Three Bridges, the Village project and the police to hold a public meeting in Summer Hill about Community Wellbeing and Safety.

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

C1222(1) Item 61         Procurement of Microsoft EA Licensing

Motion: (D’Arienzo/Howard)

That:

1. The contract for RFQ 156-22 Microsoft Enterprise Licensing 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, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stamolis, Stephens and Tsardoulias

Against Motion:          Nil

C1222(1) Item 63         RFT 28-21 Pioneers Memorial Park Amenities Upgrade

Motion: (D’Arienzo/Howard)

That Council:

1. Rejects all tender submissions received in response to Request for Tender RFT 28-12 for the Pioneers Memorial Park Amenities Upgrade due to the tenders being above the available budget and having no ability within the tender process to vary the tenders to reflect market cost fluctuations post tender; and

2. Enters into negotiations with one or more of the tenderers with a view to enter into a contract for the delivery of the Pioneers Memorial Park Amenities upgrade.

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 Council further Suspend Standing Orders to bring forward Items 41 and 42 to be dealt with at this time.

Motion Carried

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

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

The Mayor, Councillor Byrne left the Meeting and vacated the chair at 9:53 pm. The Deputy Mayor, Councillor Scott assumed the chair.

C1222(1) Item 41         Notice of Motion: De-Amalgamation Risks

Motion: (Scott/Drury)

That the EY Demerger Summary Risk Report, be included in the De-amalgamation Business Case.

Motion Carried

For Motion:                 Crs Da Cruz, Drury, Griffiths , Howard,  Scott, Smith, Stephens and Tsardoulias

Against Motion:          Crs Atkins, D'Arienzo, Langford, Lockie, Shetty and Stamolis

Absent:                        Cr Byrne

The Mayor, Councillor Byrne returned to the Meeting at 10:00pm. The Deputy Mayor, Councillor Scott vacated the chair and the Mayor, Councillor Byrne assumed the chair.

Procedural Motion (Stephens/D’Arienzo)

That Council allow the Mayor, Councillor Byrne to speak for 1 additional minute to speak on Item 42.

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

C1222(1) Item 42         Notice of Motion: Deamalgamation business case

Motion: (Scott/D’Arienzo)

That Council:

1.   Submits the business case as considered by Council at the September 2022 meeting to the Boundaries Commission for determination, with the Ernst and Young risk report attached; and

2.   Writes a covering letter to Boundaries Commission with the submission of the business case that sets out clearly that de-amalgamation, should it occur, be done only on the following terms:

a)   That the full costs of the de-amalgamation being between $178 million - $190 million be paid in full by the NSW Government, prior to the commencement of the de-amalgamation, with no costs to be borne by Inner West ratepayers; and

b)   That the duly democratically elected representatives of Council will remain in office and the NSW Government will not install an interim unelected administrator.

Motion Carried

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

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

C1222(1) Item 4  Draft Annual Financial Statements 2021/22

Motion: (Scott/Atkins)

That Council endorse the Annual Financial Statements to be placed on public exhibition with a view of tabling the final report at the next Council meeting, subject to updating Council’s Financial Statements to include the following note as requested by the Audit Office and recommended by the Audit, Risk and Improvement Committee on 6 December 2022 via circular resolution:

Notes to the Financial Statements, Note A1.1, under the heading  “Basis of preparation”

A poll has been undertaken on a potential deamalgamation of the Council, a business case has been prepared, and Council has passed a resolution on 6 December 2022 to submit the business case to the Minister for Local Government and the Boundaries Commission for consideration and determination.

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

C1222(1) Item 5     Post Exhibition - Draft Inner West Local Infrastructure Contribution   
   Plan 2022 and Supporting Infrastructure Needs Studies

Motion: (Drury/Lockie)

That:

1. Council approves and adopts the Inner West Local Contributions Plan 2022 and the supporting infrastructure needs studies in accordance with section 7.18 of the Environmental Planning and Assessment Act 1979, as provided in Attachments 1, 2, 3 and 4;

2. The Inner West Local Infrastructure Contributions Plan 2022 takes effect on the date published on Council’s website and repeals all existing contributions plans on the date published on Council’s website in accordance with section 215 of Environmental Planning and Assessment Regulation 2021;

3. The General Manager be given authority to make formatting and minor changes to the Inner West Local Contributions Plan 2022 in accordance with clause 215(5) of the Environmental Planning and Assessment Regulation 2021; and

4. Note that there are annual reviews of the works schedule in the contribution plan, and approve that the first review 2023/2024 finds a way to amend the plan so as to use development contributions to fund water quality works.

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 (Langford/Da Cruz)

That Council:

1. Note that submissions received during the public exhibition period that identified water quality, water sensitive urban design and associated upgrades to existing infrastructure as relevant considerations and key issues that are not addressed in the Draft Contribution Plan to date;

2. Note comments made in the public submission that other Councils across Sydney are specifically seeking to address water quality and implementation of water sensitive urban design in their Contribution Plans; and

3. Request that within the next 12 months, staff conduct a review in collaboration with relevant infrastructure providers and community interest groups such as Sydney Water and the Cooks River Alliance, to evaluate opportunities to incorporate water quality, water sensitive urban design and associated upgrades to existing infrastructure in the Contribution Plan.

Motion Lost

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

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

The Mayor, Councillor Byrne left the Meeting and vacated the chair at 10:35 pm. The Deputy Mayor, Councillor Scott assumed the chair.

The Mayor, Councillor Byrne returned to the Meeting at 10:40 pm.

C1222(1) Item 6     Post Exhibition - Planning Proposal - Cyprus Club (58-76 Stanmore   
   Road, 2-20 Tupper Street and 1, 3-9 Alma Avenue, Stanmore)

Motion: (Drury/Atkins)

That:

1. Council does not support the Planning Proposal – Cyprus Club, as exhibited, due to concerns raised by community, public agency and Council officers relating to traffic, built form and amenity impacts;

2. Council notes the matters raised in response to the public exhibition of Planning Proposal - Cyprus Club as detailed in Attachment 3;

3. Council request the Department of Planning & Environment to make post-exhibition changes to the Planning Proposal – Cyprus Club and defer the commencement of the Local Environmental Plan (LEP) to allow preparation of site-specific Development Control Plan (DCP) and Planning Agreement;

4. Subject to the Department of Planning and Environment’s agreement to defer the commencement of the LEP, Council supports the Planning Proposal – Cyprus Club, as amended in response to engagement outcomes, as outlined in this report;

5. Subject to point 4 above, Council forward the amended Planning Proposal – Cyprus Club to the Minister for Planning to make amendments to the Inner West LEP 2022 under Section 3.36 of the Environmental Planning and Assessment Act 1979;

6. Subject to points 4 and 5 above, Council delegate the authority to the General Manager to make any minor amendments to the amended Planning Proposal – Cyprus Club to correct any minor errors, omissions or inconsistencies prior to finalisation; and

7. Council urgently progress preparation of the site-specific DCP and Planning Agreement.

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

C1222(1) Item 7     Post Exhibition - Draft Development Control Plan - 36 Lonsdale
   Street and 64 -70 Brenan Street, Lilyfield

Motion: (Drury/D’Arienzo)

That Council:

1.   Note the engagement outcomes in response to the public exhibition of the site-specific Development Control Plan amendment to Leichhardt Development Control Plan (DCP) 2013 for 36 Lonsdale Street and 64-70 Brenan Street, Lilyfield as detailed in Attachment 3;

2.   Endorse the amendments to the Leichhardt Development Control Plan 2013 for 36 Lonsdale Street and 64-70 Brenan Street, Lilyfield as outlined in this report and contained in the DCP in Attachment 4; and

3.   Officers be authorised to make any minor amendments to correct any minor errors, omissions or inconsistencies prior to finalisation of the Development Control Plan amendment.

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

C1222(1) Item 8  Post Exhibition - Draft Development Control Plan - 469 - 483 Balmain Road, Lilyfield

Motion: (Drury/D’Arienzo)

That Council:

1.   Note the engagement outcomes in response to the public exhibition of the site-specific Development Control Plan (DCP) amendment for 469-483 Balmain Road, Lilyfield as detailed in Attachment 3;

2.   Note the Architectural Excellence and Design Review Panel (AEDRP) advice that it does not support the site-specific DCP amendment for 469-483 Balmain Road, Lilyfield; and

3.   Request the proponent to submit a revised draft site-specific DCP and urban design scheme to addressed the matters raised by AEDRP. The revised DCP, if satisfactory, be re-exhibited and referred back to AEDRP for advice.

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 vacated the chair and the Mayor, Councillor Byrne assumed the chair at 10.41pm.

Councillor Scott left the Meeting at 10:42 pm as she declared a significant, pecuniary interest in Item 9 Public Domain Master Plans as her residence appears in the public domain masterplan study area for the Norton Street and Marion Street precinct. 

C1222(1) Item 9           Public Domain Master Plans

Motion: (D’Arienzo/Lockie)

That a further report be provided to Council following the completion of the Visioning stage for each Public Domain Master Plan area.

Motion Carried

For Motion:                 Crs Atkins, Byrne, 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 10:43 pm.

C1222(1) Item 10         King George Park Plan of Management

Motion: (Byrne/Shetty)

That Council:

1.   Adopt the King George Park Plan of Management as pursuant to Section 40 of the Local Government Act 1993 in accordance with 3.23(6) of the Crown Lands Management Act 2016; and

2.   Note the upgrade to the King George Park Amenities Building will form part of the 2023-24 financial year budget considerations.

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 D'Arienzo left the Meeting at 10:43 pm.

Councillor D'Arienzo returned to the Meeting at 10:45 pm.

C1222(1) Item 12         Tree Management Development Control Plan 2022 (Tree DCP  
          2022)

Motion: (Smith/Scott)

That Council defer the report to the March 2023 Council meeting in order to receive a councillor workshop on the criteria for applications in the draft DCP in comparison to the existing DCP, including: an explanation of the assessments referenced in the draft DCP criteria, and a plan for appropriate compliance activities, including a compliance certificate system and other activities to ensure planting of replacement trees.

Motion Carried

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

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

Procedural Motion (Byrne/Scott)

That Council defer all remaining items to be considered at an Extraordinary Council meeting on Tuesday 13 December 2022 at 6.30pm at Ashfield Service Centre.

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 10.58pm

The following Items will be considered at the Extraordinary Council Meeting on 13 December 2022; Item 13, 14, 15, 17, 18, 19, 21, 22, 23, 26, 27, 28, 30, 32, 33, 34, 35, 36, 37, 38, 39, 47, 48, 49, 50, 51, 52, 53, 54, 55, 59, 60, 62 and 64.

Public Speakers:

Item #	Speaker	Suburb
Item 6	Helen Graham Andrew Costa Terry Bieri  Matthew Daniel Terrence McGee	Stanmore Stanmore Stanmore Caringbah Enmore
Item 7	Tony Leung	Sydney
Item 12	Roberto Mayer Rene Holmes	Stanmore Ashfield
Item 19	Geoff Donnolley Adam Lockyer Jennifer Whitmarsh James Tweed David Keegan Jimmy Tang	Rozelle Dulwich Hill Dulwich Hill Earlwood Rozelle Earlwood
Item 35	Leslie Banton Julian Chambers	Ashfield Lewisham
Item 37	Andrew Chalk	Ashfield
Item 38	Michele Hacking	Rozelle
Item 41	Brian Halstead	Spit Junction
Item 42	Michele Hacking Pip Hinman Brian Halstead	Rozelle Newtown Spit Junction
Item 43	Mick Roche	Chifley
Item 48	Nick Deane Joyce Catanzariti James McGlone Karyn Hemming	Marrickville Waterloo Redfern St Peters
Item 49	Simone Wilkes Brian Keogh	Dulwich Hill Earlwood
Item 50	Jo Blackman Peter Olive Neil Tonkin	Dulwich Hill Marrickville Lilyfield
Item 51	Neil Tonkin	Lilyfield
Item 52	Adrian King Mark Skelsey Kylie Cochrane	Marrickville Dulwich Hill Dulwich Hill
Item 53	Ann Leahy Tori Quine	Earlwood Marrickville
Item 54	Ann Leahy	Earlwood
Item 55	Andrew Thomas	Campsie

Unconfirmed minutes of the Ordinary Council meeting held on 6 December 2022.