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MINUTES OF ORDINARY MEETING OF ASHFIELD COUNCIL HELD IN THE COUNCIL CHAMBERS, LEVEL 3, CIVIC CENTRE, 260 LIVERPOOL ROAD, ASHFIELD ON TUESDAY 14 APRIL 2009, COMMENCING AT 6:44 PM.

 

 

PRESENT         His Worship the Mayor, Councillor Cassidy in the Chair and Councillors Drury, Kelso, Kennedy, Lofts, Mansour, McKenna, Rerceretnam, Stott, Wang and Wangmann

                           

                            Mr K Gainger     General Manager

                            Ms V Chan         Director Corporate and Community Services

                            Mr P Sarin          Director Planning and Environment

                            Mr S Joannidis   Director Works and Infrastructure

                            Ms G Rennard    Manager Governance

 

ACKNOWLEDGEMENT OF LOCAL INDIGENOUS COMMUNITY

 

"Let us acknowledge that we are meeting on country for which the members and elders of the local Indigenous community have been custodians for many centuries, and on which Aboriginal people have performed age old ceremonies. We acknowledge their living culture and unique role in the life of this region."

 

 

APOLOGIES    

 

An apology for non attendance was received and accepted from Councillor Adams

 

 

MOMENT OF PRIVATE CONTEMPLATION

 

                          The chairperson invited Councillors, staff, members of the press and gallery to stand and observe a moment of private contemplation.

 

 

DISCLOSURES OF INTEREST

 

No disclosures were made.

 

 

CONFIRMATION OF MINUTES

 

124/09

RESOLVED                                  Mansour / Lofts

 

That the minutes of the Council Committee Meeting held on Tuesday 24 March 2009 be confirmed with the following amendments:-

 

          Pg 6 – 4/7 that a comma be included after the word ‘camber’.

 

          Pg 8 – NM6/2009 be amended as per the following:-

 

                   1/5     That Ashfield Council prepare a report on how Council can   tackle the issue of excessive pruning of local trees and           how such a strategy can be implemented in tandem with           external entities.

 

                   2/5     That Ashfield Council also review its street tree planting           strategy, to ensure plantings made under power lines or           other public utilities be appropriately sized at maturity i.e.           no tall trees under power lines.

 

                   3/5     That as part of this strategy, Ashfield Council investigate           the feasibility of phased replacement of unsuitable trees           with appropriate species as outlined in 2/5

 

                   4/5     That once this feasibility study has been completed,           Ashfield Council invite submissions from local residents           and/or other concerned parties and incorporate these           points of view on this and other aspects of its street tree           planting strategy, in a report to be submitted to Council for     ratification, within 16 weeks.

 

                   5/5     That Ashfield Council request SSROC to convene a           workshop with Energy Australia with the aim to:-

a)            Develop a mutual understanding of the relationship between local governments and energy authorities and the role they play in vegetation management to achieve community

b)      Discuss and develop a Vegetation Management Framework Agreement between individual SSROC members and Energy Australia.

 

          Pg 11 – The Foreshadowed Motion should include the wording           Resolved - Rerceretnam / Kennedy

                                                                                                                                 

125/09

RESOLVED                                  Stott / Wangmann

 

That the minutes of the Ashfield Access Committee Meeting held on Monday 2 March 2009 be confirmed.

 

 

Mayoral Minutes

 

 

M4 EAST. Councillor Cassidy - Mayor. Report Submitted with attachment 1.

(14/04/09)                                                       Roads > Reconstruction Projects

                                      h:\reports.bp\Council\Reports\CM140409MM_10.doc

                                                                                           MM10/2009 Attached

 

126/09

RESOLVED                                  Cassidy

 

That representations be made to the NSW Premier, Deputy Premier and all State Members representing the communities of Ashfield Council requesting Ashfield Council inclusion in any discussions and/or release of information on the revised planning for the M4 East.

 

 

 

ITALIAN EARTHQUAKE DISASTER. Councillor Cassidy - Mayor. Report Submitted.

(14/04/09)                                                                        Donations from Council

                                      h:\reports.bp\Council\Reports\CM140409MM_11.doc

                                                                                           MM11/2009 Attached

 

127/09

RESOLVED                                  Cassidy

 

That Council write to the Consul General for the Republic of Italy in Sydney offering sincere sympathy from Ashfield Council and our Communities including that of our large Italian/Australian community of Haberfield, for the tragic loss of life and for those left homeless from the recent earthquake that devastated the city of L’Aquila and surrounding areas.

 

  

Notices Of Motion

 

 

REDUCING TRAFFIC 'RAT RUNS' IN THE ASHFIELD MUNICIPALITY. Councillor Rerceretnam. Report Submitted.

(09/03/09)                                                                                   Traffic & Parking

                                         h:\reports.bp\Council\Reports\CM140409NM_8.doc

                                                                                              NM9/2009 Attached

 

128/09

RESOLVED                                  Rerceretnam / Kelso

 

1/5              That Ashfield Council update its review of traffic trends in the municipality.

 

2/5              That after the completion of this review, that Ashfield Council look at ways to discourage, impede and circumvent the increasing traffic trend of ‘rat runs’ through the municipality; looking particularly at possible options such as road closures and or traffic calming.

 

3/5              That Ashfield Council incorporate changes by working with Council’s on-going Bicycle Planning Forum where alternative commuting strategies are being presently reviewed.

 

 

An Amendment was Moved by Councillor Lofts and Accepted by the Mover and Seconder

 

4/5         That as part of the forthcoming Councillor workshop on traffic and parking issues, Council consider that this review of traffic trends be given priority over individual requests for parking changes and traffic controls. The potential schemes that would emanate from the analysis will need similar priority.

 

5/5         That such an analysis, having significant budget implications, should be placed into the Management Plan for resourcing and public awareness. In addition, Council itself will need to consider the additional funding that would be required for works to implement any schemes, as outlined in this motion.

 

 

Suspension of Standing Orders

 

129/09

RESOLVED                                  Stott/Wangmann

 

That standing orders be suspended to deal with item NM16/2009. The time being 7.15pm.

 

 

 

HELPING LOCAL SMALL BUSINESS DURING THE GLOBAL ECONOMIC CRISIS. Marc Rerceretnam - Councillor. Report Submitted.

(02/04/09)                                                                       Economic Development

                                       h:\reports.bp\Council\Reports\CM140409NM_16.doc

                                                                                           NM16/2009 Attached

 

130/09

RESOLVED                                  Stott / Cassidy

 

That Members of the public be permitted to address the meeting

 

Doug Carter, Business Owner, Summer Hill addressed the meeting at 7.18pm and concluded at 7.21pm

 

Ellen Wolf, Business Owner, Summer Hill, addressed the meeting at 7.22pm and concluded at 7.23pm

 

John Kounis, Business Owner,  Summer Hill addressed the meeting at 7.27pm and concluded at 7.29pm

 

131/09

RESOLVED                                  Rerceretnam / Kennedy

 

1/6           That Ashfield Council request a report by Planning Officers, the Economic     Development Officer, in conjunction with Council’s Community Services section, to examine ways Council can assist local businesses.

 

2/6           That points A to C in this motions preamble, be considered in this report.

 

3/6           That the report to come back to Council for determination within 6 weeks.

 

4/6           That any initiatives be implemented for a trial period of 12 months, and reassessed by a full sitting of Council at the end of this period.

 

5/6           That Ashfield Council consult associated peak Chamber of Commerce within the different Town Centres.

 

6/6           That the Mayor initiate discussion on this issue in his Mayoral column.

 

 

Suspension of Standing Orders

 

132/09

RESOLVED                                  Stott/McKenna

 

That standing orders be suspended to deal with item 10.2. The time being 8pm.

 

 

 

OUTDOOR DINING & FOOTPATH TRADING POLICY. Phil Sarin - Director Planning and Environment. Report Submitted with attachment 1.

(06/04/09)                                                                                                    T01/53

                                         h:\reports.bp\Council\Reports\CM140409SR_6.doc

                                                                                                 CM 10.2 Attached

 

133/09

RESOLVED                                  Stott / Cassidy

 

That Members of the public be permitted to address the meeting

 

John Kounis, Business Owner,  Summer Hill addressed the meeting at 8pm and concluded at 8.02pm

 

134/09

RESOLVED                                  McKenna / Stott

 

1/2              That Council consult with all key stakeholders on the current Outdoor Dining and Footpath Trading policy and a report be prepared for the further consideration of the Council on the outcome of the consultation process.

 

 

An Amendment was Moved by Councillor Stott and Accepted by the Mover

 

2/2              That a moratorium on DA fees for footpath use be put in place from 1 May 2009, until any revisions of the policy are adopted by Council

 

 

Resumption of Standing Orders

 

135/09

RESOLVED                                  Stott/Mansour

 

That standing orders were resumed at 8.21 pm.

 

 

Councillor Wangmann left the meeting, the time being 8:23 pm and returned to the meeting at 8.28pm.

 

 

RECONCILIATION ACTION PLAN. Councillor Rerceretnam. Report Submitted.

(25/03/09)                                                                                      Multiculturalism

                                       h:\reports.bp\Council\Reports\CM140409NM_14.doc

                                                                                           NM14/2009 Attached

 

136/09

RESOLVED                                  Kennedy / Rerceretnam

 

1/3              That in order to support Aboriginal and Torres Strait Islander people achieve equality in all aspects of life - particularly closing the 17 year gap in life expectancy - Ashfield Council develop a Reconciliation Action Plan.

 

2/2              That the General Manager initiate discussions with Reconciliation Australia and establish a Reconciliation Action Plan Working Group.

 

3/3              That the General Manager report regularly to LIMEAC on the progress of the Reconciliation Action Plan.

 

 

 

ASHFIELD GETS ENVIRONMENTALLY SMART ABOUT SAVING ELECTRICITY. Alex Lofts - Councillor. Report Submitted.

(31/03/09)                                                                            Environmental Issues

                                       h:\reports.bp\Council\Reports\CM140409NM_15.doc

                                                                                           NM15/2009 Attached

 

137/09

RESOLVED                                  Lofts / Rerceretnam

 

1/3              That Council purchase a power usage meter and conduct in-house testing to ensure that it is safe and easy to use.

 

2/3              That upon successful testing of the meter, Council is to make the meter available for loan through the library

 

3/3              That the lending program be publicised through the Council’s newsletter and the website, as appropriate.

 

 

 

BILL POSTERS ARE NOT SO INNOCENT. Mark Drury - Councillor. Report Submitted.

(06/04/09)                                                                              Outdoor Advertising

                                       h:\reports.bp\Council\Reports\CM140409NM_17.doc

                                                                                           NM17/2009 Attached

 

138/09

RESOLVED                                  Drury / Kelso

 

1/4              That Ashfield Council review the current practice of graffiti control and the operation of the clean team and codify a graffiti and commercial advertising bill poster policy.

 

2/4              That in the first instance a review be conducted by a team of council officers from each of the directorates. That Council invite adjoining Councils to develop a joint Graffiti Control Policy.

 

3/4              That the review team also consider the approach to commercial advertising bills and posters taken by the Sydney City Council and any other approach that might be effective in Ashfield.

 

4/4              That a report be brought forward to a council committee meeting and that the Council provide notice to residents and AshBiz to advise them that they may address the committee about the draft policy, in order to assist council in determining an effective policy.

 

 

 

MAYOR'S COLUMN IN LOCAL PRESS. Lucille McKenna - Councillor. Report Submitted with attachments 1 and 2.

(06/04/09)                                                                                             Advertising

                                       h:\reports.bp\Council\Reports\CM140409NM_18.doc

                                                                                           NM18/2009 Attached

 

139/09

RESOLVED                                  McKenna / Lofts

 

That subject to the provisions of the Local Government Act 1993, in relation to the role of the Mayor:

 

a)      That all comment in the Mayoral Column be consistent with the role of the Mayor as defined by the Local Government Act.

 

b)      That any issue subject to a resolution of Council – that position as per the resolution should be reflected in the Mayor’s Column.

 

c)      That any comment in any Council publication must reflect the position of Council.

 

 

 

PART 3A APPLICATION FOR 14 STOREY RESIDENTIAL TOWERS AND SUPERMARKET COMPLEX AT LONGPORT STREET AND OLD CANTERBURY ROAD LEWISHAM. Marc Rerceretnam - Councillor. Report Submitted.

(14/04/09)                                                               Other Council Developments

                                       h:\reports.bp\Council\Reports\CM140409NM_22.doc

                                                                                           NM22/2009 Attached

 

140/09

RESOLVED                                   McKenna / Kennedy

 

That Councillor Lofts be granted an extension of time. The time being 9.32pm

 

141/09

RESOLVED                                  Rerceretnam / Kelso

 

That Ashfield Council notes:

 

1/9         That an application has been lodged with and accepted by the Department of Planning for assessment under Part 3A of the Environmental Planning and Assessment Act 1979 of a proposed development at Longport Street and Old Canterbury Road Lewisham;

 

2/9         That the proposed development includes large residential towers and substantial retail space that is likely to have major effects on the local community, traffic generation and flow;

 

3/9         That the large amount of retail space in this development has potentially detrimental effects on main street shopping strips within the Ashfield LGA, particularly the Summer Hill village;

 

4/9         That 99% of applications accepted for assessment under Part 3A of the Environmental Planning and Assessment Act 1979 have been approved.

 

5/9         That Council write to the member for Marrickville, Carmel Tebbutt, the member for Strathfield, Virginia Judge, the member for Canterbury, Linda Burney and to the member for Balmain, Verity Firth, asking them to oppose the part 3A application and for the application be assessed by Marrickville Council.

 

 

An Amendment was Moved by Councillor Lofts and Seconded by the Mover and the Seconder

 

6/9         That Ashfield Council write to the Department of Planning making relevant parties aware of the concerns of the residents and businesses in regard to the Old Canterbury Rd, Lewisham proposal and that Ashfield Council must be included if this proposal reaches the notification stage.

 

7/9         That if the proposal reaches an Environmental Impact stage, that a community forum be held in an appropriate location to raise public awareness of the proposal.

 

8/9         That the co-operation of Marrickville Council be sought in organising this forum.

 

9/9         That Ashfield Council write to the member for Marrickville, Carmel Tebbutt, the member for Strathfield, Virginia Judge, the member for Canterbury, Linda Burney, the member for Balmain, Verity Firth, the Minister for Planning,  Christina Keneally and the Department of Planning, making relevant parties aware of the concerns of residents and businesses in regards to this proposal.

 

 

Staff Reports

 

 

DRAFT SECTION 94A CONTRIBUTIONS PLAN. Phil Sarin - Director Planning and Environment. Report Submitted with attachment 1.

(27/03/09)                                                                     Section 94 Contributions

                                         h:\reports.bp\Council\Reports\CM140409SR_2.doc

                                                                                                 CM 10.1 Attached

 

142/09

RESOLVED                                  Drury / Stott

 

1/5              That the Council adopt the draft Section 94A Plan for public exhibition purposes.

 

2/5              That the draft plan be exhibited in accordance with Council policies and procedures for a 28 day period.

 

3/5              That a further report be prepared for the consideration of Council on the draft plan following the conclusion of the public exhibition period.

 

 

An Amendment was Moved by Councillor Stott, Seconded by Councillor Wangmann and Not accepted by the Mover.

 

4/5              That in order to contain the impost on residents, two officers of Council be assigned to summarily assess the value of the DA’s, using Cordells or similar QS publications. This is to occur in the pre-lodgement period. If Officers are not satisfied with the valuation, then the applicant be required to submit a QS assessment from a qualified and practising QS.

 

 

A division was called and the voting was as follows:-

 

For the Motion

 

Councillors Kelso, Stott, Wangmann, Cassidy, Kennedy, Rerceretnam and Mansour.

 

Against the Motion

 

Councillors McKenna, Drury, Lofts and Wang.

 

The Motion was Carried

 

 

An Amendment was Moved by Councillor Wangmann and Not accepted by the Mover

 

A)               That as a matter of highest priority, Council prepare a S94 plan and that this be returned to Council no later than 1 August 2009. That Councillors receive past copies of business papers relating to the progress of the S94 plan.

 

B)                                                          That a working party of Councillors and officers be formed to review our section 94 policy with a view to strengthening it. A report of the working party to come back to Council by 31 May 2009.

 

 

A division was called and the voting was as follows:-

For the Motion

 

Councillors Rerceretnam, Stott, Wangmann, Cassidy and Mansour.

 

Against the Motion

 

Councillors McKenna, Drury, Kelso, Kennedy, Lofts and Wang.

 

The Motion was Lost

 

 

An Amendment was moved by Councillor Kennedy and Accepted by the Mover and Seconder

 

5/5              That the General Manager bring a report back to the next Council meeting on the status of Councils current section 94 plans

 

 

 

 

FURTHER INFORMATION ON ENVIRONMENTAL LEVY PROJECTS 09/10. Janene Harris - Team Leader Sustainability. Report Submitted with attachment 1.

(07/04/09)                                                                   Environmental Committee

                                         h:\reports.bp\Council\Reports\CM140409SR_7.doc

                                                                                                 CM 10.3 Attached

 

143/09

RESOLVED                                  Wangmann / Kelso

 

That Council endorse the Environmental Levy Projects and budget allocations as described in table 1 of this report.

 

 

 

SECURITY PROCEDURES FOR COUNCIL MEETINGS. Ken Gainger - General Manager. Report Submitted.

(30/03/09)                                                     Council Meetings & Arrangements

                                         h:\reports.bp\Council\Reports\CM140409SR_3.doc

                                                                                                 CM 10.4 Attached

 

144/09

RESOLVED                                  Drury / Kelso

 

That the report be noted and that no action be taken at this point to upgrade or change existing security arrangements for Council meetings.

 

 

 

ASHFIELD COMPANION ANIMALS MANAGEMENT PLAN. Ken McKew - Team Leader Environmental Health. Report Submitted with attachment 1.

(30/03/09)                                                             Companion Animals Register

                                         h:\reports.bp\Council\Reports\CM140409SR_4.doc

                                                                                                 CM 10.5 Attached

 

145/09

RESOLVED                                  Wangmann / Kennedy

 

1/3              That Council adopts the Companion Animals Management Plan 2009.

 

2/3              That by 1 July 2009, Councillors be provided with:-

 

a)          the number of dogs, cats and other animals, per annum, sent to our pound, Belmore Veterinary Hospital, for 2007, 2008 and 2009;

b)         the numbers PA in each category returned to owners;

c)          the numbers PA in each category re-homed;

d)         the numbers PA put down or disposed of in other ways such as being used for research;

e)          cost and charges to Council, annually, for all services provided by Belmore Vets;

f)            fees recovered for re-homed for returned animals and

g)         annual income from licences and animal registrations

 

3/3              That in future, Council look at ways to re-home animals listed for euthanasia or research including:

a)          That Council immediately write to all veterinary practices and pet shops within Ashfield and within a two kilometre range of Ashfield, seeking their assistance in re-homing Ashfield’s “lost” companion animals. That Councillors be kept informed of the progress of this strategy including being provided with a copy of the Council letter sent out, a list of organisations contacted and a copy of their responses if any.

b)         That Council advertise on our front web page via a link and permanently on all notice boards, a request for Ashfield residents to consider providing a home for an abandoned companion animal and how to contact Council to arrange its purchase. That Council’s re-homing fees, if any, should be cost neutral.

c)          Seeking comment from our Officers on any other strategy Council could undertake to limit the euthanizing of abandoned companion animals. That these comments return to Council by 1 August 2009.

 

 

 

STANDARD DEVELOPMENT APPLICATION CONDITION TO SPECIFY GUTTERING TYPE. Michael Kountourogianis - Team Leader Construction Assessment. Report Submitted.

(30/03/09)                                                                   Building Code of Australia

                                         h:\reports.bp\Council\Reports\CM140409SR_5.doc

                                                                                                 CM 10.6 Attached

 

146/09

RESOLVED                                  Kelso / Kennedy

 

That Council endorse new condition E114a Guttering Requirements – BCA for all development consents for building work requiring the installation of guttering and/or down pipes.

 

 

 

POLICY ON AD-HOC REQUESTS TO COUNCIL FOR FINANCIAL ASSISTANCE. Gerard Howard - Manager Community Services. Report Submitted.

(08/04/09)                              Financial Management, Donations from Council

                                         h:\reports.bp\Council\Reports\CM140409SR_8.doc

                                                                                                 CM 10.7 Attached

 

147/09

RESOLVED                                  Mansour / Kelso

 

That Council adopt the procedures outlined in this report when determining ‘sundry’ requests for financial assistance from organisations and individuals.

 

 

GENERAL BUSINESS

 

Section 94 policy

 

Councillor Stott - That a working party of Councillors and officers be formed to review our section 94 policy with a view to strengthening it. A report of the working party to come back to Council by 31 May 2009.

 

 

Lighting & Planter boxes

 

148/09                RESOLVED                                   Stott / Lofts

 

1/2              That Council investigate the feasibility of placing planter boxes on Smith Street, Summer Hill

 

2/2              That Council investigate the feasibility of installing under-awning lighting in Summer Hill village, commencing with Smith Street.

 

 

LITTER ON MILTON STREET

 

Councillor Rerceretnam – That Council investigate the alleged litter and un-mowed lawn on the Council nature strip on Milton Street, near Palace Street, Ashfield

 

 

WESTS DCP

 

149/09                RESOLVED                                  Wangmann / Rerceretnam

 

1/2              That a link to the Wests DCP currently on public exhibition be immediately added to Councils homepage and that it remain there until the matter comes to Council.

 

2/2              That reference to the applicant’s point of view be deleted immediately from the website.

 

 

 

 

 

SCHOOL HOLIDAY PROGRAM

 

Councillor Wangmann – mentioned how great the current April school holiday program is, however suggested that there may be potential to hold some of the events at the Ashfield Aquatic Centre in future.

 

 

GRAFFITI

 

Councillor Wang – significant amount of graffiti on both sides of the street, particularly colour bond fence on Elizabeth Street, near Wallace Street, Ashfield. Also of concern on Alt street with an entire wall of graffiti.

 

Councillors Mansour and Cassidy – concern at level of graffiti prevalent at 42 Orpington Street, Ashfield.

 

 

ILLEGAL DUMPING

 

Councillor Wang – concerned at the significant level of illegal dumping currently prevalent near 31 Elizabeth Street, Ashfield.

 

 

MOWING

 

Councillor Kennedy – would like to thank staff for having undertaken the recent mowing of Richard Murden Reserve and removal of graffiti on the commemorative plaque. However it was noted by both Councillors Kennedy and McKenna that the mowing continues to be of poor quality – particularly on the canal side of the park.

 

Councillor Kennedy – requested that the nature strip at the front of the Yasmar site on Parramatta Road be mowed as the grass was over a foot high.

 

General Manager – informed Councillors that he had met with staff today and Council was currently confirming with our Lawyers in order to cease the existing mowing contract.

 

Councillor Wangmann – sought clarification as to the mowers being able to catch the grass clippings and could this be considered in any future contract.

 

Director Works and Infrastructure – not aware of any contractors that ‘catch’ the grass but rather ‘gather’ the clippings.

 

Councillor Rerceretnam – seeking feedback on a RFA placed about 3 weeks ago in relation to the mowing of the nature strip opposite Canterbury Boys High, as not aware of any action having occurred to date.

 

Director Works and Infrastructure – staff are currently in the process of writing to all schools informing them that it is their responsibility to mow the nature strip adjacent to the individual school.

 

 

POTENTIAL FUNDING OPPORTUNITY

 

Councillor Drury – informed the Council that he had forwarded an email highlighting access to potential funding opportunities regarding cleaning of our neighbourhoods.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PROCEEDINGS TERMINATED AT 10.59pm

 

 

Chairperson of the meeting of Ordinary Meeting Committee

when the Minutes were confirmed

 

 

 

Chairperson

 

 

 

Date