CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 18 SEPTEMBER 2006 AT 7:06PM

 

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

 

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor John Thain, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived at 7:31 pm), Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies,  Jackie Greenow, Karen McKeown and Pat Sheehy AM.

 

APOLOGIES

1066  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that apologies be accepted for Councillors Susan Page, David Bradbury and Steve Simat.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Ross Fowler for the period 3 September 2006 to 25 September 2006 inclusive.

Leave of Absence was previously granted to Councillor Garry Rumble for the period 6 September 2006 to 28 September 2006 inclusive.

CONFIRMATION OF MINUTES - Ordinary Meeting - 4 September 2006

1067  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 4 September 2006 be confirmed.

 

DECLARATIONS OF INTEREST

His Worship the Mayor, Councillor John Thain declared a non-pecuniary interest in Item 4 - North St Marys Neighbourhood Centre, as he is a member of the Management Committee for the North St Marys Neighbourhood Centre.  He announced that he would vacate the Chair during consideration of this matter, but would not vacate the Chamber and would reserve the right to take part in any debate.

 

 

SUSPENSION OF STANDING ORDERS

1068  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:09 pm.

 

Ms Catherine Maddox

Item 7         Section 96 Modification for the extension of operating hours for the drive-through McDonald's Restaurant at Lot 100 DP 1037595 (No. 2 - 6) Star Court, Cambridge Gardens  Applicant:  McDonald's Properties (Australia) Pty Ltd;  Owner:  McDonald's Properties (Australia) Pty Ltd   

Speaking FOR the Recommendation

 

Ms Maddox was speaking as a representative of the applicant, in her role as a Development Manager with McDonalds Australia.

 

Ms Maddox stated that McDonalds are happy to accept all the recommendations from Council.

 

However, Ms Maddox did request that a mis-type be amended at Condition 57(A), with regard to the Atkins Acoustic Report dated December 2005, which has been referred to, in the report, as the Atkins Acoustic Report dated October 2000.  Ms Maddox pointed out that it would be the December 2005 report upon which the recommendations of the current Council report would have been based.

 

 

Ms Joarne Smith

Item 7         Section 96 Modification for the extension of operating hours for the drive-through McDonald's Restaurant at Lot 100 DP 1037595 (No. 2 - 6) Star Court, Cambridge Gardens  Applicant:  McDonald's Properties (Australia) Pty Ltd;  Owner:  McDonald's Properties (Australia) Pty Ltd   

Speaking FOR the Recommendation

(in principle, with conditions)

 

Ms Smith addressed the meeting as an affected person, being a resident of the area in the vicinity of the McDonalds restaurant at Cambridge Gardens.

 

Ms Smith requested that Council place strict conditional guidelines upon McDonalds to ensure future problems are quickly resolved.

 

Ms Smith also requested that the problem of cooking odours be resolved, and that the matter of security also be addressed, before full Council approval is given to the extended trading hours of the McDonalds ‘drive-through’.

 

Ms Smith added that she would not want the restaurant to be open until 12.00 midnight, as has been indicated by the restaurant owner.

 

 

RESUMPTION OF STANDING ORDERS

1069  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy that Standing Orders be resumed, the time being 7:28 pm.

 

MAYORAL MINUTES

 

1        Cranebrook High School Wins Rock Eisteddfod

 

1070  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the Mayoral Minute on Cranebrook High School Wins Rock Eisteddfod be received.

 

2        Council Achieves Recognition at Local Government Management Excellence Awards

 

Councillor David Bradbury arrived, the time being 7:31 pm.

 

1071  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the Mayoral Minute on Council Achieves Recognition at Local Government Management Excellence Awards be received.

  

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 4 September 2006                                                                                                                                     

1072  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 September, 2006 be adopted.

 

2        Report and Recommendations of Policy Review Committee Meeting held on 11 September 2006                                                                                                                                     

1073  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 September, 2006 be adopted.

 

MASTER PROGRAM REPORTS

 

The City in its Broader Context

 

1        Australia's International Solar Boat Challenge                                                                

1074  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Greg Davies

That:

1.     The information contained in the report on Australia's International Solar Boat Challenge be received.

2.     Council approve the request for $7,000 in sponsorship for the Solar Boat Challenge as an element of the Council’s ‘ACTIVATE’ event.

 

2        University of Western Sydney - Marketing Initiatives                                                    

1075  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Greg Davies that the information contained in the report on University of Western Sydney - Marketing Initiatives be received.

 

The City as a Social Place

 

3        Grant Application - 2006/07 WSAAS Funding Round                                                      

1076  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Grant Application - 2006/07 WSAAS Funding Round be received.

2.     Council endorse the submission of the Northern Rural Areas Community Development Project – Penrith LGA application for funding under the 2006/07 WSAAS funding round.

 

Having previously declared a non-pecuniary interest in Item 4, His Worship the Mayor, Councillor John Thain, vacated the Chair, but did not leave the meeting, and the Deputy Mayor, Councillor Jackie Greenow, took the Chair, the time being 7:39 pm.

 

4        North St Marys Neighbourhood Centre                                                                           

1077  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

          That:

 

1.   The information contained in the report on North St Marys Neighbourhood Centre be received.

 

2.   The heat management strategies for North St Marys Neighbourhood Centre be endorsed.

 

3.   An application for $36,000 be submitted under the GROW Regional Partnership Funding Program to part fund the heat management strategies.

 

4.   The remaining cost of the heat management strategies be funded from the Community Safety and Neighbourhood Renewal ($39,762) and Sustainability Design Adviser Funding ($5,000).

 

The Mayor returned to the Chair, the time being 7:42 pm.

 

5        Arms of Australia Inn Museum, Emu Plains                                                                     

1078  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri

That:

1.     The information contained in the report on Arms of Australia Inn Museum, Emu Plains be received.

2.     Council agree to the Nepean District Historical Society’s landholding at the Arms of Australia Inn being extended 12 metres to the west for the purpose of accommodating additional Museum related activities.

3.     Arrangements be made to erect a new fence to enclose the additional land, the cost of which be met by Council.

4.     The Nepean District Historical Society be advised of Council’s actions and that it should lodge a Development Application for the use of the additional area for Museum related activities.

 

6        Penrith Football Stadium - Future Management                                                              

1079  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jackie Greenow

That:

1.     The information contained in the report on Penrith Football Stadium - Future Management be received.

2.     Council form a “Penrith Football Stadium Future Management Working Party” and Councillors Mark Davies, Greg Davies, Lexie Cettolin and Pat Sheehy be members of this Working Party.

3.     The Terms of Reference for the Working Party be:

“to investigate future management options for the Penrith Football Stadium and recommend to Council a preferred arrangement.”

 

4.     Panthers be advised of Council’s actions.

 

7        Section 96 Modification for the extension of operating hours for the drive-through McDonald's Restaurant at Lot 100 DP 1037595 (No. 2 - 6) Star Court, Cambridge Gardens. Applicant: McDonald's Properties (Australia) Pty Ltd;  Owner: McDonald's Properties (Australia) Pty Ltd                                                                                             DA991877

1080  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Greg Davies

That:

1.     The information contained in the report on Section 96 Modification for the extension of operating hours for the drive-through McDonald's Restaurant at Lot 100 DP 1037595 (No. 2 - 6) Star Court, Cambridge Gardens is received.

2.       The application under Section 96(2) of the Act to modify development consent DA99/1887 be approved subject to the following:

2.1     Condition 57 is amended as follows:

The McDonald’s drive-through facility is permitted to operate from 6 am to 12 midnight Monday to Sunday for a twelve-month probationary period commencing after Council’s approval of a Site Management Plan and compliance with conditions 55(A) to (D)

An acoustic audit report prepared by an appropriately qualified person is to be submitted to Council within three months of the probationary period operating. The acoustic audit report is to specifically address compliance with the relevant Department of Environment and Conservation’s (DEC) noise criteria between 10pm to 12midnight and 6am to 7am.   If compliance with the relevant DEC’s noise criteria cannot be achieved, the opening hours for the drive-through facility are to revert to 7am to 10pm on Mondays to Saturdays and 8am to 10pm on Sundays

If compliance with the relevant DEC’s noise criteria is achieved, then, on completion of the 12 month probation period:

·    A detailed acoustic report is to be submitted to Council to demonstrate that the drive-through facility is operating within the relevant noise criteria

·    The permanent operation of the drive-through facility from 6 am to 12 midnight may be granted

·    Should this report demonstrate the drive-through facility has not operated within the relevant noise criteria (on all days of the week), the hours for the facility shall revert back to 7am to 10pm on Mondays to Saturdays and 8am to 10pm on Sundays

·    Should the Site Management Plan prove ineffective in preventing unlawful behaviour resulting from the extended operating hours and evidenced by Police Incidence Report/s, the hours for the facility shall revert back to 7am to 10pm on Mondays to Saturdays and 8am to 10pm on Sundays

2.2     The following new conditions are to be added to the development consent:

New Condition 55(A)

Signage shall be installed at the approach to the entrance and the exit of the drive-through limiting the speed of vehicles to 10km/h and encouraging patrons to be considerate of neighbours and to lower noise levels.  Installation of the signage is to occur prior to commencing the extended operating hours for the drive-through facility

New Condition 55(B)

To address patron noise and behaviour, a Site Management Plan is to be submitted to and approved by Penrith City Council prior to the operation of the extended operating hours for the drive-through facility.  The approved Site Management Plan shall be implemented at the commencement of the twelve-month probationary period. This plan shall be implemented over the site for the life of the development

New Condition 55(C)

Replace the existing fence on the northern boundary with a 150mm thick hebel block wall system, 3m in height as measured from the level of the driveway.  This wall shall return along the top of the existing retaining wall (between McDonald’s and Coles) for a length of about 20m generally in accordance with Attachment 3 of the Environmental Noise Audit Report by Atkins Acoustics dated December 2005

New Condition 55(D)

Council is to be advised in writing prior to the commencement of the operation of the drive-through from 6 am to 12 midnight

New Condition 57(A)

The drive-through is to operate, at all times, in accordance with the relevant Department of Environment and Conservation’s statutory noise criteria and the noise goals specified in the noise impact assessment prepared by Atkins Acoustics dated December 2005.  In the event of any inconsistency, the statutory noise criteria are to prevail

3.             Those persons who made submissions be advised of Council’s decision

4.             A condition of consent be added, stating that:

a)             graffiti be removed from structures within 48 hours of appearing;

b)             repairs and maintenance to damaged structures be carried out within 48 hours of damage being done, unless the damage is severe, and in that case Council is to be advised within 48 hours, with a timeframe submitted for repairs.

 

 

 

 

 

 

 

 

 

 

The City In Its Environment

 

8        Successful grant application under the Water Savings Fund Round 2 - 2006                 

1081  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken

That:

1.   The information contained in the report on Successful grant application under the Water Savings Fund Round 2 - 2006 be received.

2.   Council write to the Minister for Energy, the Hon Joe Tripodi MP, and the Minister for Water Utilities, the Hon David Campbell MP, thanking them for the grant funding from the Department of Energy, Utilities and Sustainability.

 

9        Sale of Cleanaway Australia and New Zealand                                                                

1082  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken

That:

1.     The information contained in the report on Sale of Cleanaway Australia and New Zealand be received.

2.     The Waste and Community Protection Manager send a letter to Cleanaway Ltd in the terms of this report, confirming that Council does not object to the transfer of BAL trading as Cleanaway Ltd to Kohlberg Kravis Roberts and Co.

 

10      Floodplain Management Authorities (FMA) Conference - 27 February to 2 March 2007      

1083  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy

That:

1.     The information contained in the report on Floodplain Management Authorities (FMA) Conference - 27 February to 2 March 2007 be received.

2.     Council’s delegates to the 2007 Floodplain Management Authorities Conference and short course, to be held at Gunnedah from 27 February to 2 March 2007, be Councillors Jim Aitken, Garry Rumble and Jackie Greenow, with Councillor Kevin Crameri to be in attendance.

 

The City Supported by Infrastructure

 

11      Rescue Services in the Penrith Local Government Area                                                 

1084  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Jim Aitken that the information contained in the report on Rescue Services in the Penrith Local Government Area be received.

 

12      Tender Number 02-06/07 Provision of Tip Truck Hire                                                    

1085  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Jim Aitken

That:

1.     The information contained in the report on Tender Number 02-06/07 Provision of Tip Truck Hire be received.

2.     The tenders received from Jeffsan Excavations, MP Shultz, Raygal Pty Ltd, Earth Civil Pty Ltd, CNL Haulage Pty Ltd, J & S Dimech Pty Ltd, P & D Mizzi Pty Ltd, Brefni Excavation (Fleet Owners) be accepted and included in the relevant Truck Hire listing for a period of twenty-four (24) months.

3.     The tenders received from Charles Collins, C & C Cremona Pty Ltd, Michael Collins, JP & J Refalo, J Fairhall Earthmoving Pty Ltd, Ronald Roser, K A Beck Pty Ltd, P & R Xibberas, J & B Buttigieg Pty Ltd (Owner/Operators) be accepted and included in the relevant Truck Hire listing for a period of twenty-four (24) months.

 

Leadership and Organisation

 

13      Summary of Investments & Banking for the period 1 August 2006 to 28 August 2006 

1086  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

That:

1.   The information contained in the report on Summary of Investments & Banking for the period 1 August 2006 to 28 August 2006 be received.

2.   The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 August 2006 to 28 August 2006 be noted and accepted.

      3.   The graphical investment analysis as at 28 August 2006 be noted.

 

16      2006 Penrith Rotary Mayoral Charity Ball                                                                      

1087  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the information contained in the report on 2006 Penrith Rotary Mayoral Charity Ball be received.

 

14      City Operations Directorate Report to end of August 2006                                            

1088  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Greg Davies that the information contained in the report on City Operations Directorate Report to end of August 2006 be received.

 

 

 

15      Signing of Friendship Agreement between Penrith City Council and Lachlan Shire Council   

1089  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Jackie Greenow

That:

1.      The information contained in the report on Signing of Friendship Agreement between Penrith City Council and Lachlan Shire Council be received.

2.      All Penrith City Council staff involved in this event be congratulated, and in particular Joanne Ryan, who organised the visit.

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      International Dragon Boat Championships                                                             

Councillor Jackie Greenow requested a report to Council on the International Dragon Boat Championships to be held this time next year.

 

QWN 2      Leave of Absence                                                                                                     

Councillor Jackie Greenow requested Leave of Absence from 4 October 2006 to 22 October 2006 inclusive.

 

1090  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

 

1091  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown that Leave of Absence be granted to Councillor Jackie Greenow from 4 October 2006 to 22 October 2006 inclusive.

 

QWN 3      Fee for Replacement of Lost Library Card                                                             

Councillor Greg Davies requested that the $5.00 replacement fee for lost library cards be abolished for pension card holders and that this change in policy be effective immediately.

 

1092  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

 

1093  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken that the $5.00 replacement fee for lost library cards be abolished for pension card holders and that this change in policy be effective immediately.

 

 

QWN 4      North Penrith Army Land                                                                                         

Councillor David Bradbury declared a pecuniary interest in this matter, as he is an employee of the legal firm recently appointed by the Commonwealth to act in relation to this matter, and vacated the Council Chamber during consideration of this matter.

Councillor Greg Davies requested that Council write to the Hon Jackie Kelly MP, Member for Lindsay, asking her to intervene in the secrecy surrounding the documentation relating to the North Penrith Army Land.

 

1094  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.

 

1095  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken that Council write to the Hon Jackie Kelly MP, Member for Lindsay, asking her to intervene in the secrecy surrounding the documentation relating to the North Penrith Army Land.

 

Councillor David Bradbury returned to the meeting, the time being 8:03 pm.

 

QWN 5      Parking Restrictions in Derby Street, Kingswood                                                  

Councillor David Bradbury requested a memo reply to all Councillors concerning parked cars obstructing a driveway in Derby Street, outside Nepean Hospital, restricting resident access.

 

Committee of the Whole

 

1096  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Lexie Cettolin that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:06 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Lexie Cettolin that the press and public be excluded from Committee of the Whole to deal with the following matter:

 

City as a Social Place

 

2        Divisional Security (Aust) Pty Ltd v Penrith City Council Land and Environment Court Proceedings No. 11229 of 2005 No. 382 - 386 The Driftway, Londonderry. Applicant: Divisional Securities (Aust) Pty Ltd;  Owner: Pomt Pty Ltd                                            DA03/2568

 

This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 8:30 pm and the General Manager reported that the Committee of the Whole met at 8:06 pm on Monday 18 September 2006, the following being present

 

His Worship the Mayor Councillor John Thain, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Jackie Greenow, Karen McKeown and Pat Sheehy AM

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

CONFIDENTIAL BUSINESS

 

2        Divisional Security (Aust) Pty Ltd v Penrith City Council Land and Environment Court Proceedings No. 11229 of 2005 No. 382 - 386 The Driftway, Londonderry. Applicant: Divisional Securities (Aust) Pty Ltd;  Owner: Pomt Pty Ltd                          DA03/2568

CW2  RESOLVED on the MOTION of Councillor Jim Aitken seconded Councillor Pat Sheehy

That:

1.     The information contained in the report on Divisional Security (Aust) Pty Ltd v Penrith City Council Land and Environment Court Proceedings No. 11229 of 2005 No. 382 - 386 The Driftway, Londonderry be received.

2.     Council as the respondent submit that the Court  issue consent orders for the application to be approved subject to the standard and special conditions detailed in the report.

Councillor Kevin Crameri asked that his name be recorded as having voted against the motion.

 

ADOPTION OF Committee of the Whole

 

1097  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken that the recommendation contained in the Committee of the Whole and shown as CW2 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 8:31 pm.

 

 

I certify that these 12 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 18 September 2006.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date