MIN NO

MINUTES OF THE ORDINARY MEETING OF ASHFIELD COUNCIL HELD ON LEVEL 6, CIVIC CENTRE, 260 LIVERPOOL ROAD, ASHFIELD ON TUESDAY 24 SEPTEMBER 2013, COMMENCING AT 6:40 PM.

 

 

PRESENT         His Worship the Mayor, Councillor Mansour in the Chair and Councillors Drury, Lofts, Passas, Raciti, A.Raiola, M.Raiola, Stott, Wang and Wangmann

                           

                            Ms V Chan        General Manager

                            Ms N Kettle        Director Corporate and Community Services

                            Mr A Bas            Acting Director Planning and Environment

                            Mr P Cormican  Director Works and Infrastructure

                            Ms L Pascuzzo Minute Taker

 

 

ACKNOWLEDGEMENT OF LOCAL ABORIGINAL COMMUNITY

 

"Let us acknowledge that we are meeting on country for which the members and elders of the local Aboriginal 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    

 

334/13                RESOLVED                    Drury   /   Lofts

 

An apology for lateness was received and accepted from Councillor Cassidy

 

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

 

Note: Councillor Cassidy did not actually attend the meeting

 

 

DISCLOSURES OF INTEREST

 

Councillor Lofts declared a Less-than Significant, Non-Pecuniary Interest in item NM 27/2013 as Ms Tai is a member of the Ashfield Youth Committee and he is the Chairperson of the Committee. Councillor Lofts will remain and participate in this item as the conflict is such that it will not influence him in carrying out his public duty.

 

 

 

 

CONFIRMATION OF MINUTES

 

335/13

RESOLVED                      Lofts / Wang

 

That the minutes of the Ordinary Council Meeting held on 10 September 2013 be confirmed and the recommendations contained in the Minutes be adopted with the following amendment:

 

·         That on page 7 of the minutes, the words “and endorsed” be removed from the resolution for Minute No. 333/13.

 

 

336/13

RESOLVED                    Stott / Wangmann

 

That the minutes of the Seniors’ Action Committee Meeting held on 10 September 2013 be confirmed and the recommendations contained in the Minutes be adopted.

 

 

337/13

RESOLVED                    Stott / Wangmann

 

That the minutes of the Access Committee Meeting held on 27 August 2013 be confirmed and the recommendations contained in the Minutes be adopted with the following amendments:

 

·         General Business on page 3 of the minutes under “Accessible Playground” be amended to read:

“...the existing entrance from the Ormond Street bus stop in to the park...”

“ ...adequate boundaries to contain the children within the play area.”

 

·         General Business on page 3 of the minute under “Mobility Parking”, insertion of “additional” to read:

 “Council Officers to report options for additional Mobility Parking...”

 

 

338/13

RESOLVED                    Drury / Lofts

 

That the minutes of the Pratten Park Advisory Committee Meeting held on 6 June 2013 be confirmed and the recommendations contained in the Minutes be adopted.

 

 

 

DEVELOPMENT APPLICATION: 10.2013.052.1

30 CHANDOS STREET ASHFIELD                                                   CM 10.2

 

 

Members of the public addressed the meeting.

 

Mr Duncan Reed addressed Council at 6:51pm and concluded at 6:58pm.

Ms Mary Foster addressed Council at 6:59pm and concluded at 7:06pm

Mr Nigel White addressed Council at 7:10pm and concluded at 7:14pm.

 

339/13

RESOLVED                    Wangmann/Stott

 

1/5    That the application be deferred and brought back to Council with the following amended drawings that clearly show:

a)    A 16 room boarding house that is only 2 storeys in height

b)   And resolve the connection(s) between the Victorian structure and the proposed additions

c)    Reasonable scale (1:200) shadow diagrams

d)   All the revised locations for vehicle parking (cars, motorbikes and bicycles)

e)    The revised landscaping required by Council

f)     Compliance with Council’s privacy requirements

g)   Compliance with the stormwater controls

 

2/5    That the application be conditioned to require

a)    The safe movement of  vehicles on the site, including speed signs to indicate the maximum permissible speed for vehicles on the driveway at 10km/h

b)   The Management Plan for the site is to indicate appropriate disciplinary actions resulting from non-compliance with speed limits and for repeated anti-social behaviour related to excessive use of illegal drugs or alcohol

c)    That smoking should not be permitted on the balcony of the upper floor of the existing Victorian building

d)   That the living room be relocated in order to protect amenity of neighbours

e)    That the common room be closed at 9:30pm

f)     That any air conditioning system comply with Council requirements

 

3/5    Any amended scheme is to be notified to parties who           previously made submissions regarding the application so that           they may provide further feedback on how they believe they will           be impacted by the amended proposal.

 

4/5    That officers provide a reasonable and enforceable conditions           of consent regarding consumption of alcohol.

 

5/5    That a Plan of Management in regards to the site be submitted           to Council

 

The voting was as follows:-

For the Motion

 

Councillors Mansour, Stott, Wangmann, Wang, Lofts, A.Raiola, M.Raiola Raciti and Passas.

 

Against the Motion

 

Councillor Drury.

 

The Motion was Carried

 

A foreshadowed motion was moved by Councillor Drury and seconded by Councillor Wangmann

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) refuse Development Application No. 10.2012.52 for alterations and additions to an existing boarding house on Lot 1 in DP: 169164, known as 30 Chandos Street, Ashfield due to the following reasons:

 

·         Impact on privacy of surrounding residents

·         The bulk and scale

·         Overshadowing

·         Excessive hard paved area

·         Impact on the character of the local area

 

The foreshadowed motion was not addressed

 

 

 

DEVELOPMENT APPLICATION: 10.2012.269.1

380-384 LIVERPOOL ROAD ASHFIELD, 38 MILTON STREET ASHFIELD, 36 MILTON STREET ASHFIELD                                   CM 10.3

 

Councillor Passas left the meeting, the time being 7:53 pm.

 

 

Members of the public addressed the meeting.

 

Ms Christina Totas addressed Council at 7:52pm and concluded at 7:54pm.

Mr Nigel Dickson addressed Council at 7:55pm and concluded at 7:56pm

 

340/13

RESOLVED                              Drury/Raciti

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant deferred commencement consent to Development Application No. 10.2012.269 for the demolition of existing structures and construction of a six storey commercial and residential flat building with ground floor retail, two levels of basement car parking, lane widening and landscaping on part Lot 100, DP 1016118, Lot 8, DP 244344, part Lot A, DP 393265 and part Lot B, DP 393265, known as 380-384 Liverpool Road, Ashfield and 36-38 Milton Street, Ashfield, subject to conditions as noted on pages 155 – 176 of the business paper.

 

The voting was as follows:-

For the Motion

 

Councillors Mansour, Stott, Wangmann, Wang, Lofts, Drury, A Raiola, M Raiola and Raciti.

 

Against the Motion

 

Nil.

 

The motion was carried

 

 

 

DEVELOPMENT APPLICATION: 10.2013.111.1

99 SMITH STREET SUMMER HILL                                                    CM 10.1

 

341/13

RESOLVED                         Stott / Lofts      

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) grant a deferred commencement consent for Development Application No. 10.2013.111 alterations and additions to an existing mixed use development and the construction of a new two storey infill development on the vacant portion located at the western side of the existing building at Lot A in DP: 437936, known as 99 Smith Street, Summer Hill, in accordance with the attached conditions as noted on pages 34 - 50 of the business paper.

 

The voting was as follows:-

 

For the Motion

 

Councillors Mansour, Lofts, Wang, A.Raiola, M.Raiola, Raciti.

 

Against the Motion

 

Councillor Stott, Wangmann and Drury.

 

The motion was carried.

 

A Foreshadowed motion was moved by Councillor Drury and seconded by Councillor Wangmann

 

That Council as the consent authority pursuant to Clause 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) refuse consent for Development Application No. 10.2013.111 alterations and additions to an existing mixed use development and the construction of a new two storey infill development on the vacant portion located at the western side of the existing building at Lot A in DP: 437936, known as 99 Smith Street, Summer Hill, due to non compliance with car parking requirements.

 

The foreshadowed motion was not addressed.

 

 

 

INVESTMENT REPORT AUGUST 2013.                                           CM 10.4

 

342/13

RESOLVED                         Drury/Raciti     

 

That the investment report for August 2013 be received and noted.

 

The motion was Carried

 

 

 

RESPONSIBLE ACCOUNTING OFFICER'S REPORT - AUG '13.

                                                                                                                   CM 10.5

 

343/13

RESOLVED                          Drury/A Raiola

 

That the Responsible Accounting Officers report for August 2013 be noted.

 

The motion was Carried

 

 

 

ORGANISATIONAL STRUCTURE REVIEW.                                    CM 10.6

 

344/13

RESOLVED                         Lofts/Stott

 

That Council confirm the current organisational structure.

 

The motion was Carried

  

 

Councillor Passas returned to the meeting, the time being 8:12 pm.

 

Mayoral Minutes

 

 

ALGIE PARK.                                                                                    MM44/2013

 

345/13

RESOLVED                          Mansour

 

1/3       That Council is of the view that the hiring or leasing of Algie Park for for-profit soccer is inconsistent with the objective of maintaining current use of the Park by organised sports at current levels of intensity.  Furthermore we believe that the potential impact on residents is such that the hiring or leasing of the ground for such purposes should not even be considered.

 

2/3       That Council requires the General Manager to ensure that a tender is awarded for Summer and Spring evening soccer at Centenary Park (in accordance with previous resolutions and the Centenary Park Plan of Management 2011) by February 2014.

 

3/3      That a report on how to manage parking in streets surrounding   Centenary Park be returned to Council by February 2014. That the report incorporate how Council will consult with all park users, organisations and their members booking the park and surrounding residents.

 

The motion was Carried

  

 

Notices Of Motion

 

 

SUPPORTING MS LILIANA TAI: REPRESENTING AUSTRALIA AT THE AUSTRALIAN SCHOOLS' DELEGATION TO THE HAGUE INTERNATIONAL MODEL UNITED NATIONS.                          NM27/2013

 

346/13

RESOLVED                          Lofts/Mansour

 

That Council make an appropriate contribution of $300 to Ms Liliana Tai, who has been selected as a delegate to The Hague International Model United Nations, to be held in January 2014.

 

The motion was Carried

 

 

 

REFUND OF RATEPAYERS FUND.                                            NM28/2013

 

Councillor Raciti left the meeting, the time being 8:21pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

347/13

MOVED                                 Passas/M Raiola

 

That the General Manager contact the appropriate body seeking a full refund of our ratepayers’ funds immediately.

 

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

For the Motion

 

Councillors A.Raiola, M.Raiola and Passas.

 

Against the Motion

 

Councillors Drury, Lofts, Mansour, Stott, Wangmann and Wang

 

RESOLVED                         Drury/Mansour

 

That Council write to ALGA and request information on what they intend to do with the levy for Constitutional recognition.

 

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

For the Motion

 

Councillors Drury, Mansour, Stott, Wangmann, Wang and Lofts.

 

Against the Motion

 

Councillors A.Raiola, M.Raiola and Passas.

 

The motion was Carried

 

 

 

INFRASTRUCTURE FUNDING.                                                      NR6/2013

 

Councillor Raciti returned to the meeting, the time being 8:32 pm.

 

 

MOVED                                 Passas/M Raiola

That Minute No.326/2013 - CM10.1 Infrastructure Funding, be rescinded.

 

The voting was as follows:-

For the Motion

 

Councillors A.Raiola, M.Raiola, Raciti and Passas.

 

Against the Motion

 

Councillors Mansour, Stott, Wangmann, Wang, Lofts and Drury.

 

The rescission motion was Lost.

 

 

GENERAL BUSINESS

 

                   FLOWER POT AT MILTON ST

 

Councillor Wangmann – requested that Council contact the applicant of 380 Liverpool Road to negotiate the relocation of the “flower pot” and other garden fixtures unwanted by the applicant. Could Council Officers please advise of the outcome and where they might be relocated.

PUBLIC CAR PARK AT CADIGAL RESERVE

 

Councillor Wangmann – that officers please provide Councillors with information on how to restore the public car park to users of Cadigal Reserve. It appears to be used by residents of the nearby dwellings and is apparently not available for the GreenWay and dog park users.

 

 

ELECTION OF MAYOR AT MARRICKVILLE DEPUTY MAYOR AT BURWOOD

 

Councillor Lofts – requested that the Mayor write to congratulate the new Mayor of Marrickville Councillor Jo Haylen and the new Deputy Mayor of Burwood Councillor Tony Doueihi.

 

MILTON STREET LANE

 

Councillor Drury – that the matter of Milton Street Lane be referred to the Traffic Committee for consideration noting whether any parking or traffic improvements can be implemented in conjunction with the DA 10.2012.269.1.

 

 

GRAFFITI CLEAN UP

 

Councillor Drury – thanked Council officers for response to removing graffiti at 266 Liverpool Road Ashfield. He noted that the most prominent  graffiti was on the western wall high above 266 Liverpool Road and could officers please investigate and undertake removal.

 

 

SIGNAGE ADVISING OF COUNCIL MEETINGS

 

Councillor Passas – requested explanation as to why there was no signage displaying time and location of the Council meeting.

 

General Manager – the matter has been taken on notice.

 

 

Councillor Drury left the meeting, the time being 8:48 pm.

 

PROCEEDINGS TERMINATED AT 8:49pm

 

Chairperson of the Ordinary Council Meeting

when the Minutes were confirmed

 

Chairperson

 

 

 

Date