Council Meeting 8 February 2022

Pleased the Mayor accepted my amendments to C0222(1) Item 1      Mayoral Minute: ULURU Statement

4.    Receive an update to the August 2018 Resolution to "THAT the General 
Manager write to the CEO of the Metropolitan Local Aboriginal Land 
Council with a view to commencing negotiations towards the signing a 
Principles of Co-operation Agreement between Inner West Council and The Metropolitan Local Aboriginal Land Council ('Metro').";

5.    Seek to establish links with other First Nations organisations such as Boomalli and Deadly Connections which are based in the Local Government Area and regional organisations such as Jumbunna at University of Technology Sydney and Koori Radio/Yabun; and

6.    Consult on supporting the creation of places and times for Truth Telling.

and to C0222(1) Item 2      Mayoral Minute: Demerger Survey

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

but Labor baulked amendment about Mental impact of COVID - not sure what it meant that the Mayor gave me his word this would be included and requested I withdraw the amendment - C0222(1) Item 3 Mayoral Minute: Council's response to COVID-19 and the Omicron wave

That Council: 1.  Receive a report to the March Ordinary meeting outlining the range of actions Council is taking to support local residents, ​staff, organisations and businesses through the pandemic and proposing any additional actions Council can take now to assist in the crisis and recovery phases; and 2.  ​Continue to advise councillors on daily Inner West COVID numbers (positive cases, vaccination rates) and changes to the health order. 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 (Drury)   That the motion be put.   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   Amendment (Da Cruz/Atkins) That Council consult with local mental health organisations such as Rough Patch Counselling, Summer Hill Safe Space, P&Cs etc. and receive recommendations on our role in providing the community with mental health support to emerge from COVID in a safe way and to recover from the isolation from work colleagues, separation from family and friends that we have all experienced with Covid. 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

 

The unconfirmed minutes state: 

"Clr Drury declared a significant, pecuniary interest in Item 4 Extension of Flood Controls under NSW Flood Prone Land Package as his house is in a 1:100 flood zone which will be affected by this. He will leave the meeting during discussion and voting of the item. "

Then there was this Procedural motion (Scott/Griffiths)

That Items 4, 8, 9, 11 and 12 be moved in globo and the recommendations contained within the report adopted and that Council change the order of business to bring forward these items.

Motion Carried

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

Against Motion: Cr Stamolis

C0222(1) Item 4 Extension of Flood Controls under NSW Flood Prone Land Package
Motion: (Scott/Griffiths)
That Council endorse the adoption of the proposed Special Flood Considerations clause in Section 5.22 of the NSW Standard Instrument (Local Environmental Plans) into the Inner West Local Environmental Plans.
Motion Carried
For Motion: Crs Atkins, Byrne, Da Cruz, D'Arienzo, Drury, Griffiths, Howard, Langford, Lockie, Scott, Shetty, Smith, Stephens and Tsardoulias
Against Motion: Cr Stamolis 

Councillor Stephens accepted this amendment to C0222(1) Item 18         Notice of Motion: City West Link and Waratah Street

5.    Note and request an update on LTC1021(1) Item 15 in the Minutes of the 18 October Council meeting, subsequently adopted by Council on 9 November, that TfNSW will investigate this: "The IWBC representative requested a review of the intersection of the  City West Link and Waratah Street to prevent vehicles from hitting the pedestrian refuge. The representative also requested that improvements be made to the pedestrian crossing signals on the City West Link at Waratah Street to prevent confusion where pedestrians are crossing the western section of the road on the red pedestrian phase when the green pedestrian phase is only active for the eastern section of the road. "

Demerger Motion

My camera failed and the minutes note: 

Councillor Da Cruz left the Meeting at 9:01 pm. Councillor Da Cruz returned to the Meeting at 9:08 pm.

I fixed the camera and did vote on the substantive item as shown and was not absent as also recorded.

C0222(1) Item 13 Notice of Motion: Demerger of Inner West Council

Procedural Motion (Scott)

That the motion be put.

Motion Carried

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

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

Absent: Cr Da Cruz 

Motion: (Langford/Stamolis) 

That Council:

1. Acknowledge that the poll conducted by NSW Electoral Commission on 4 December 2021 showed that a significant majority of Inner West Council residents voted YES to de-amalgamate and return to the councils of Ashfield, Leichhardt and Marrickville;

2. Respect the results of the poll and commit to working with the community, Council staff and the State Government to ensure the decision to demerge is upheld and implemented by Council and the State Government;

3. Write to the Minister for Local Government, The Hon Wendy Tuckerman MP and the Premier, Dominic Perrottet asking them to respect and uphold the decision of inner west voters to de-amalgamate the Council and return to the three councils of Leichhardt, Marrickville and Ashfield;

4. Seeks the assurance from the Minister for Local Government and the Premier that they will honour the government’s commitment as set out in the NSW Local Government Act and will pay the full costs of the demerger;

5. Notes the procedure for the demerger of a Council is as outlined in Section 218CC of the Local Government Act 1993 as below:

Schedule 1 Amendment of Local Government Act 1993 No 30 

1.1 Amendments concerning local government rating system

[1] Section 218CC

218CC Proposals for de-amalgamations

(1) The new council may, within 10 years of the constitution of the new area, submit a written business case to the Minister setting out—

(a) a proposal for the de-amalgamation of the new area, whether by reconstituting the former areas or constituting different areas, and

(b) the reasons in support of the proposal.

(2) The Minister must, within 28 days after the business case is submitted, refer the de-amalgamation proposal to the Boundaries Commission with a direction that it conduct an inquiry and report on the proposal.

(3) Without limiting subsection (2) or section 263, the Boundaries Commission may in its report recommend that—

(a) the de-amalgamation proposal be supported, or 

(b) the de-amalgamation proposal be rejected, or 

(c) a different de-amalgamation proposal be supported.

(4) The Minister must ensure that the report of the Boundaries Commission is publicly released within 48 hours after it is provided to the Minister.

(5) The Minister must, within 28 days after the report is provided to the Minister, provide a written response to the new council setting out—

(a) whether or not the Minister supports the de-amalgamation proposal or a different de-amalgamation proposal recommended by the Boundaries Commission, and 

(b) the reasons for the Minister’s decision, and

(c) if the Minister supports the de-amalgamation proposal or the different de-amalgamation proposal—the anticipated time frame for giving effect to the proposal.

(6) The Minister is, by making grants under section 620 or using money otherwise appropriated by Parliament for the purpose, to ensure that the cost of any de-amalgamation of the new area resulting from a business case submitted under this section is fully funded.

(7) This section extends to new areas constituted before the commencement of this section.

(8) In this section— new area means the area constituted by the amalgamation of areas (former areas) by the relevant proclamation.

new council means the council of a new area constituted by section 219. relevant proclamation means the proclamation made pursuant to Chapter 9, Part 1 that amalgamates former areas into the new area and constitutes the new council.

6. Immediately commence preparation of a business case pursuant to Section 218CC of the Local Government Act for approval by Council and then submission to the Minister for Local Government setting out: 

a) the proposal for the de-amalgamation of the Inner West Council, and reconstituting the former areas of Leichhardt, Marrickville and Ashfield Council areas, and

b) the reasons in support of the proposal.

7. Works with the community, staff and the State Government to ensure a strong business case FOR de-amalgamation is developed by Council.

a) The cost of the development of this business case to be funded from the 2022/23 Budget with reimbursement sought afterwards.

8. Prepare a report outlining the proposal for governance, process, timeline and community consultation with regards to the development of the YES business case for de-amalgamation for the first Council meeting in March;

9. Works with the community, staff and state government to ensure the business case for a demerger is developed and fully funded and delivered to the Minister for Local Government by 30 November 2022;

10. Work to ensure the business case is approved and implemented by the state government with a goal to have all three councils re-established by the start of the next term of council, being September 2024;

11. Keep the community informed about the project through Inner West Council News, social media and a webpage dedicated to the demerger project on the Council website;

12. In line with its commitment to provide protection for Council staff jobs, immediately commence proactive negotiations with the unions and the Joint Consultative Committee to enter into an Memorandum of Understanding which will confirm existing employment protections for non-senior staff as provided for in the Local Government (NSW) Act 1993 and seek to extend these employment protections by a further two years following the de-amalgamation;

13. Commits to no-forced redundancies of staff employed by Council during the demerger process and supports the right of staff to return to employment with their original Council, or express a preference to move to another local government area following the demerger; and

14. Form a Demerger Committee involving a minimum of 4 Councillors to meet every 4 weeks (and at other times as needed).

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
Absent: Cr Da Cruz

Source Unconfirmed Minutes

https://innerwest.infocouncil.biz/Open/2022/02/C_08022022_MIN_3904_WEB.htm

 

 

Video of Meeting