OF THE ORDINARY MEETING OF
COUNCIL CHAMBERS
ON MONDAY 12 FEBRUARY 2007
AT 7:35PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Pat
Sheehy AM read a statement of recognition of
PRAYER
The Council Prayer was read by the Rev Neil Checkly.
PRESENT
His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury (arrived at 7:54 pm), Lexie Cettolin, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat (arrived at 7:42 pm), and John Thain.
1 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Susan Page that apologies be accepted for Councillors David Bradbury, Kevin Crameri OAM, and Steve Simat. |
DECLARATIONS OF INTEREST
Councillor Susan Page declared a non-pecuniary interest in Item 30 - 2007 Australian Local Government Women's Association NSW Annual Conference, as she is President of the Australian Local Government Women’s Association and reserved her right to take part in discussion and voting on this matter.
Councillor Jim Aitken OAM declared a
pecuniary interest in Item 17 - Development
Application 06/1247 for the Proposed Operation of a Community Market at Lot 2
and 3 DP 546822, Lot 101 DP 572474 Allen Place and Edward Place Car Park,
Woodriff Street, Penrith. Applicant: Cityscape Planning + Projects; Owner:
Councillor Ross Fowler declared a non-pecuniary interest in Item 6 of the Committee of the Whole - Legal Matter - Penrith Whitewater Stadium as he is Chairman of Westpool, Chairman of the Board of Penrith Whitewater Stadium and is also a witness in the matter.
Councillor Lexie Cettolin declared a pecuniary interest in Item 29 - Development Applications Determined during the Council's Christmas Recess, as she is the applicant in the Development Application the subject of this report. Councillor Cettolin announced that she would vacate the Chamber during consideration of this matter and would not take part in the debate and voting.
3 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:41 pm. |
Ms
Gladys Reed
Item
17 - Development Application
06/1247 for the Proposed Operation of a Community Market at Lot 2 and 3 DP
546822, Lot 101 DP 572474 Allen Place and Edward Place Car Park, Woodriff
Street, Penrith. Applicant: Cityscape Planning + Projects; Owner: Penrith City Council
Ms Reed was speaking on behalf of the
Ms Reed noted that this site has particular merit as shoppers would have to park on the perimeter of the retail precinct and walk through it to the markets, and that there is already a suitable block of toilets, in Allen Place, to service the markets. Ms Reed also stated that the Association’s petition, which was circulated to retail business owners in the area, met with general support for the markets to be held in this location.
Councillor Steve Simat arrived at the meeting, the time being 7:42 pm.
4 RESOLVED on the MOTION of Councillor Susan Page seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 7:50 pm. |
Councillor David Bradbury arrived at the meeting, the time being 7:54 pm.
The
City in its Broader Context
The
10 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Seniors Week
2007 be received. 2. Council provide Seniors Week grants to the value of $6,500 to nine local community organisations to celebrate Seniors Week 2007, as outlined in the report. |
11 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Community
Assistance Program 2006-07 Rolling Component be received. 2. Council approve a grant of
$1,000, under the rolling component of the 2006-07 Community Assistance
Program, to the Penrith Women’s Health Centre Inc to promote the involvement
of local women in the 2007 International
Women’s Day Wellbeing activities and a major celebration event to be
held on 8 March at St Marys. |
12 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Child Care Links
Project Extension be received. 2. Council accept the grant offered in the amount of $143.700 for an extension of this project to 30 June 2008. |
6 |
13 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on NSW Pre-School
Investment and Reform Plan - Viability Funding be received. 2. Council accept recurrent funding in the amount of $102,485 offered under the NSW Pre-school Investment and Reform Plan Viability Funding. |
14 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on St Davids Church
Llandilo be received. 2. Council agree that the loan be extended for a further six (6) months to 5 May 2007. 3. Interest be calculated, using the 90 day bank bill swap rate, on the amount outstanding on the last day of the quarter in arrears. 4. The Llandilo Hall Committee Inc be advised of Council’s decision. |
|
15 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Victoria Street
Community Cottage - Expansion of Werrington Occasional Child Care Integrated
Service Outcomes be received. 2. Werrington Community Project Inc be advised that Council supports the relocation of its expanded service to Arthur Neave Hall but the required building alterations cannot be funded from the current budget. |
12 Extensions & Alterations to |
16 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Extensions & Alterations to
Claremont Meadows Community Centre - 2. Council accept the tender of Onyx Building & Maintenance Services in the amount of $299 471 for extensions and alterations to Claremont Meadows Community Centre. 3. The Building Services Manager be authorised to execute any necessary documentation. |
17 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Revised
2006/2007 Parks Improvement Program be received. 2. The 2006/2007 Parks Improvement Program
be amended as detailed in this report. |
18 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Erskine Park
Employment Area - Re-naming of the
Estate be received. 2. Council
endorse “ 3. Council formally notify the Chamber of Commerce, all landowners within the Erskine Park Employment Area, State Government agencies, adjoining councils and other relevant persons of its decision. 4. Council
consult with the NSW Roads and Traffic Authority to coordinate the installation
of directional signage at the M4 off-ramps for |
15 Update of activities undertaken by the Development Services
Department - Second Quarter 2006/2007 |
19 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM that the information contained in the
report on Update of
activities undertaken by the Development Services Department - Second Quarter
2006/2007 be received. |
16 Variation of Restrictive Covenant applying to |
20 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report
on Variation of
Restrictive Covenant applying to Lot 117 & 118 DP 1088137 (No. 18 &
20) 2. The terms outlined in the restriction on the use of land fourthly
referred to in the Section 88b Instrument of the
Conveyancing Act 1919 applying to Lots 117 & 118 DP 1088137 (No. 18 &
20) 3. The Common Seal of Penrith City Council be affixed to all necessary documentation to vary the covenant 4. The
development applications DA06/1827 & DA06/1828 for a Two Storey Dwelling
at Lots 117 & 118 DP 1088137 (No. 18 & 20) Standard
Conditions 4.1 A001 – Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A020 – Use of building A043 – Air conditioning D001 – Erosion and sediment control measures D007 – Filling of Land D009 – Coverage of waste storage areas D010 – Waste disposal E001 – BCA compliance E005 – Smoke alarms F006 – Water tank and nuisance G005 – Rainwater tank plumbing H01F – Stamped plans and erection of site notice H002 – All forms of construction H011 – Engineering plans and specifications H013 – Further details of building components H014 – Slabs/Footings H015 – Termite control H022 – Survey H030 – Roof finishes H036-H039 – Rainwater tank H041 – Hours of work I003 – Road Act condition K016 - Stormwater L008 – Tree preservation order Q01F – Notice of commencement and appointment of PCA Q05F – Occupation certificate Q010 – BASIX commitments Special
Conditions 4.2 Prior to the issue of the
Construction Certificate for the development, the variation of the restriction on the use of land fourthly
referred to, in the Section 88B Instrument attached to Deposited Plan 1088137
shall be registered with Department of Lands The variation to the covenant shall be in the terms approved by Penrith City Council in the documentation submitted in support of the development application 4.3 An appropriately qualified acoustic consultant is to provide a report on noise attenuation/construction measures required to achieve the noise abatement criteria detailed in Clause 15 of Penrith Local Environmental Plan No. 96. These measures are to be incorporated into the design and construction of the development and are to be shown on plans accompanying the Construction Certificate application. A certificate is to be obtained from an appropriately qualified acoustic consultant certifying that the building has been constructed to meet the noise abatement criteria. This certificate is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate 4.4 The dwelling shall be constructed in accordance with the provisions of the "Planning for Bushfire Protection" December 2001, and to a Level 1 construction under AS3959-1999 "Construction of buildings in bushfire-prone area". Furthermore, roofing shall have leafless guttering and valleys are to be screened to prevent the build-up of flammable material 4.5 The applicant is advised to consult with adjoining property owners prior to the erection of any dividing fence. |
Councillor Mark Davies left the
meeting, the time being 8:08 pm. Councillor Mark Davies returned to
the meeting, the time being 8:09 pm. 21 RESOLVED on the MOTION of Councillor David
Bradbury seconded Councillor Susan Page That: 1. The information contained in the
report on Affordability of Child Care be received. 2. Council write to the Federal
Minister regarding the increase in the regulatory burden that has been
imposed on child care providers, seeking: (a)
direct financial assistance to provide relief from the regulatory
burden imposed on child care providers; and (b) a commitment to reducing the financial
burden of excessive regulation on
child care providers. 3. Council support an extension of
the legislated period of maternity/paternity leave from 1 to 2 years. 4. A 5. Consideration be given to
reconstituting the Children’s Services Working Party. |
9 |
22 RESOLVED on the MOTION of Councillor John
Thain seconded Councillor Ross Fowler That: 1. The information contained in the report
on 2. The retirement of Rodger MacDonald be received and a letter of appreciation be forwarded from the Mayor to Mr MacDonald. 3. Council
request the Kingswood Park Community Centre Management Committee to submit a
new name for the Centre which would be more appropriate to the area in which
it is located, instead of ‘Illawong’ Community Centre, as this may be
associated with the suburb of southern |
23 RESOLVED on the MOTION of Councillor John
Thain seconded Councillor Greg Davies That: 1. The information contained in the report
on North Ward Skate
Facility be received. 2. Council endorse the Sherringham Reserve site as the preferred location for a skate park. 3. Consultation with key stakeholders, interested parties and potential users be undertaken. 4. A further report to be submitted to Council, at the end of the consultation process, providing feedback from the community concerning the Sherringham Reserve site. |
Having
previously declared an interest in Item 17, Councillor Jim Aitken OAM left the
meeting, the time being 8:16 pm.
17 Development Application 06/1247 for the Proposed Operation of
a Community Market at Lot 2 and 3 DP 546822, Lot 101 DP 572474 Allen Place
and Edward Place Car Park, Woodriff Street, Penrith. Applicant: Cityscape
Planning + Projects; Owner: Penrith
City Council |
24 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Susan Page That: 1. The information contained in the report
on Development
Application 06/1247 for the Proposed Operation of a Community Market at 2. The subject Development Application be approved, subject to the imposition of the following conditions: Standard
Conditions 2.1 A001 – Plans – Site Plan Prepared By Cityscape Planning + Projects A012 – Food Shops A040 – Place Of Public Entertainment – Section 68 D009 – Covering Waste Area D010 – Appropriate Disposal D015 – Emergency Plan E006 – Disabled Access And Facilities –Operational Management Plan E007 – Shade Areas In Public Places – Operational Management Plan F002 – Temporary Food Outlets F003 – Meat Retail L007 – Tree Protection L008 – No Trees To Be Removed L012 – Existing To Be Maintained Q006 – Occupation Certificate (Class 2-9) Special
Conditions 2.2 This Development Consent is limited to a period of two (2) years from the date of notice or until such time that the lease agreement negotiated with the applicant and Council expires, which ever occurs first. 2.3. The proposed community market shall be restricted to the retail sale of goods only. Under no circumstances, shall the sale of animals be permitted at the site at any one time. 2.4 The proposed community market shall operate on a weekly basis for a maximum duration of six (6) months from the first date of operation of the community market. Any alteration to this arrangement will require the further approval of Council. 2.6 The maximum number of market stalls permitted at the site at any one time shall be restricted to 110 stalls. 2.7 The installation of all traffic control measures including temporary physical barriers shall not commence prior to 5:00am, Sunday. Individual market stalls may commence setup from 6:00am, however under no circumstances shall market trading commence prior to 8:00am. All market trading shall cease by 2:00pm and ensure that existing traffic arrangements recommence by 3:00pm. 2.8 All market trading
shall be contained within the designated parking areas only. Existing
vehicular access at 2.9 Prior to the first date of operation of the proposed community market, Council shall be informed of the maximum number of all mobile food vending and temporary food stall operators operating at any one time. Each food stall will be subject to inspection up to three (3) times per year to ensure compliance with the associated food legislation at a cost as nominated in Council’s Fees and Charges Schedule. 2.10 Prior to one (1) month from the first date of operation of the proposed community market, all mobile food vending and temporary food stall operators shall register with Council and complete all necessary registration details. Furthermore, all mobile food vending and temporary food stall operators (excluding charity organisations) shall be registered with the NSW Food Authority’s Notification and Food Safety Information System. 2.11 Rear access to the
premises at 2.12 All waste generated in association with the market shall be cleared from the site on conclusion of each market. Waste removal shall be at no cost to Council. 2.13 An Operational Management Plan shall be submitted to Council prior to the commencement of the proposed community market. This plan shall provide detail regarding the operation of the various aspects of the proposed market. The following details shall include, but not limited to the following: · The proposed layout of the entire market area; · Procedures for set-up and removal of stalls; · Provision of facilities, ie waste bins and toilets; · Food stalls and co-location; · Emergency Response Plan; · Parking and Directional staff postings; · Temporary advertising signage; and · Accessible parking spaces · Security Management. The plan shall be submitted to and approved to the satisfaction of Council’s Development Services Manager. Any amendments to this plan at any time will require the notification of Council. 2.14 A Traffic Management Plan shall be submitted to, and approved by Council’s Traffic Engineer, prior to the first date of operation of the proposed market. 2.15 Pursuant to Clause 11 of the Penrith Local Environmental Plan 1997 (Penrith City Centre), temporary advertising signage is permitted for the purposes of each market. All temporary advertising signage however shall be permitted only for erection during the course of the day and removed on conclusion of each market. These temporary signs shall be located in areas within the city centre, which must also include directional information for vehicular and pedestrian traffic. 2.16 The applicant is to ensure that their obligations under the Commonwealth Disability Discrimination Act, 1992 have been satisfied prior to the use of the site. 2.17 Noise generated by the proposed market shall ensure that no adverse impacts will result to the surrounding area. The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of offensive noise. 2.18 No
vehicular access will be permitted to the car-parking ramp to the west of the site from the northern perimeter
road at 2.19 The number, type
and location of toilet facilities including wash basins are to be adequate to cater for the proposed demand as determined by Council. Should the
proposed facilities not be adequate,
additional portable and accessible toilets are to be provided in appropriate locations as approved
by Council. 3. Those persons who have made a submission be notified of Council’s resolution. 4. Council
receive a report, after 3 |
Councillor
Jim Aitken OAM returned to the meeting, the time being 8:17 pm.
18 Development Application 06/1251 for Community Markets at Lot
8, 9, 10 and 11 DP 23593, Part Lot C DP 38743, Lot 1 DP 653282, Lot 2 DP
658346 (No. 5 - 21) and associated staff parking on Lot 2 DP 115180 and Lot 1
DP 198820 (No.31-35) Gidley Street, St Marys.. Applicant: Cityscape Planning
and Projects; Owner: |
25 RESOLVED on the MOTION of Councillor Jackie
Greenow seconded Councillor Greg Davies That: 1. The information contained in the report
on Development
Application 06/1251 for Community Markets at Lot 8, 9, 10 and 11 DP 23593, Part
Lot C DP 38743, Lot 1 DP 653282, Lot 2 DP 658346 (No. 5 - 21) and associated
staff parking on Lot 2 DP 115180 and Lot 1 DP 198820 (No.31-35) Gidley
Street, St Marys. be received 2. The information contained in the
report on Development
Application 06/1251 for Community Markets at Lot 8 DP 23593, Part Lot C DP
38743, Standard
Conditions 2.1 A001
– Site plan only A007
– Time-limited (1 year) A026
– Permanent signage A040
– Place of Public Entertainment (POPE) Application D009
– Covering Waste Area D010
– Appropriate disposal of waste D015
– Emergency Plan E006
– Disabled access and facilities– Operation Management Plan E007
– Shade areas in public places F002
– Temporary food outlets F003
– Meat retail K027
– Parking requirements for the site K032
– Prevention of entry K033
– Customer parking sign L007
– Tree protection L008
– No trees are to be removed L012
– Existing to be maintained Q006
– Occupation Certificate (Class 2-9) Special
Conditions 2.2 This Development Consent is limited to a period of 1 (one) year from the date of notice or until such time that the lease agreement negotiated with the applicant and Council expires, which ever occurs first 2.3 The proposed
community market shall operate a maximum of once-a-week for a maximum
duration of six (6) months from the first date of operation of the market 2.4 The maximum
number of market stalls permitted at the site at any one time shall be
restricted to 70 stalls 2.5 The markets shall operate on Sunday
only and shall not commence prior to 9:00 am and shall not operate past
2:00pm 2.6 The
installation of all traffic control measures including temporary barriers
shall not commence prior to 8:00am. Individual market stalls may commence set
up from 8:00am, however under no circumstances shall market trading commence
prior to 9:00am. All market trading shall conclude by 2:00pm and ensure that
existing traffic arrangements are in place by 3:00pm 2.7 Prior to the first date of operation of the proposed market, Council shall be informed of the maximum number of all mobile food vending and temporary food stall operators operating at any one time. Each food stall will be subject to inspection up to three (3) times per year to ensure compliance with the associated food legislation at a cost as nominated in Council’s Fees and Charges Schedule 2.8 Prior to one
(1) month from the first date of operation of the proposed market, all mobile
food vending and temporary food stall operators shall register with Council
and complete all necessary registration details. Furthermore, all mobile food
vending and temporary food stall operators (excluding charity organisations)
shall be registered with the NSW Food Authority’s Notification and Food
Safety Information System 2.9 All waste
associated with the market shall be cleared from the site on conclusion of
each market. Waste removal shall be at no cost to Council 2.10 An Operational Management Plan shall be submitted to Council prior to the first date of operation of the proposed market. This plan shall provide detail regarding the operation of the various aspects of the proposed market. The following details shall include, but not limited to the following: · The proposed layout of the entire market area · Procedures for set-up and removal of stalls · Provision of facilities i.e. waste bins, accessible toilets and parking spaces · Food stalls and co-location · Emergency Response Plan · Traffic movements, Parking and Directional staff postings · Temporary advertising signage · Detailed Waste Management Plan · Traffic Management Strategy · Security Management The plan shall be submitted to and approved to the satisfaction of Council’s Development Services Manager. The
applicant/operator of the market facility shall submit three (3) 2.11 The proposed
community market shall be restricted to the retail sale of goods only. These
goods shall be contained within the stalls at all times 2.12 Under no circumstances shall the sale of
animals be permitted 2.13 The applicant is
to ensure that their obligations under the Commonwealth Disability
Discrimination Act, 1992 have been satisfied prior to the use of the site 2.14 A portable
accessible toilet is to be provided for each market event 2.15 The number, type
and location of toilet facilities including wash basins are to be adequate to
cater for the proposed demand as determined by Council. Should the proposed
facilities not be adequate, additional portable and accessible toilets are to
be provided in appropriate locations as approved by Council 2.16 The operating noise level of equipment shall not exceed 5dB (A) above the background noise level when measured at the boundaries of the premises. The provisions of the Protection of the Environment Operations Act 1997 apply to the development, in terms of regulating offensive noise 2.17 Staff
associated with the markets are permitted to park their vehicles on Lot 2 DP
115180 and 3. Those people making submissions are
notified of the determination. 4. Council receive a
report, after 3 |
26 RESOLVED on the MOTION of Councillor John
Thain seconded Councillor Ross Fowler That: 1. The information contained in the report
on Andromeda Oval,
Cranebrook be received. 2. Council endorses the proposed reconstruction of the playing surface at Andromeda Oval. 3. Council
provide up to $10,000 from |
27 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Greg Davies That: 1. The information contained in the report
on "Dumping. It's dumb." Grant Application be
received. 2. The Waste & Community Protection Manager be authorised to make an application to the Department of Environment & Conservation for a $50,000 “Dumping. It’s dumb.” regional grant in the terms of this report. |
28 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Greg Davies That: 1. The information contained in the report
on Participation in
the Earth Hour project be received. 2. Council participate in and promote Earth Hour 2007 in the terms indicated in the report. |
19 Rehabilitation of a Section of Jamison Creek - |
29 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Karen McKeown That: 1. The information contained in the report
on Rehabilitation
of a Section of Jamison Creek - Huntington Reserve - Successful Grant
Application be received. 2. Council accept the grant offered under the Restoration and Rehabilitation Program of the Environmental Trust, as detailed in the report. 3. A letter be forwarded to the Minister for the Environment, thanking him for the grant. |
21 Gipps Street Landfill Site - Additional Protection and Safety
Works |
30 RESOLVED on the MOTION of Councillor David
Bradbury seconded Councillor Greg Davies That: 1. The information contained in the report
on Gipps Street
Landfill Site - Additional Protection and Safety Works be received. 2. Funding of $20,000 be transferred from the Waste Disposal Reserve to perform the works as detailed within the report. 3. A
|
The
City Supported by Infrastructure
23 Tender Reference 15-06/07 - Provision of Pavement Line
Marking Services |
31 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Karen McKeown That: 1. The information contained in the report
on Tender Reference
15-06/07 - Provision of Pavement Line Marking Services be received. 2. The tender received from Avante Line Marking Services be
accepted as the preferred supplier of Pavement Line Marking Services. 3. The Director - City Operations be authorised to seek supply of line marking services from the second ranked supplier (Complete Line Marking Services), should the preferred supplier not be able to supply the services within a suitable timeframe, or default in their obligations under the terms of the agreement. |
25 Summary of Investments & Banking for the period of 28
November to 31 December 2006 |
32 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on Summary of Investments & Banking for the period of 28 November to 31
December 2006 be received. 2. The Certificate of the
Responsible Accounting Officer and Summaries of Investments and Performance
for the period 28 November 2006 to 31 December 2006 be noted and accepted. 3. The graphical investment analysis as at
31 December 2006 be noted. 4. The Agency Collection Fees information
as at 31 December 2006 be noted. |
26 Summary of Investments & Banking for the period 1 January
2007 to 29 January 2007 |
33 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained
in the report on Summary
of Investments & Banking for the period 1 January 2007 to 29 January 2007
be received. 2. The
Certificate of the Responsible Accounting Officer and Summaries of
Investments and Performance for the period 1 January 2007 to 29 January 2007
be noted and accepted. 3. The
graphical investment analysis as at 29 January 2007 be noted. |
34 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on 2006-2007
Borrowing Program be received. 2. Council borrow the amounts of $6,200,000 on a 10 or 15 year
repayment schedule, and $2,301,000 on a 10 year repayment schedule. 3. The Chief Financial Officer be given delegated authority to
negotiate the loans in accordance with this resolution. 4. The final terms and conditions of the borrowings be reported
to Council upon completion of the contracts. |
35 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on Amendments to
the 2006-2007 Fees & Charges be received. 2. The amended fees, as advertised, be adopted. |
33 Council Property - Land Consolidation - Emu Plains Commuter
Car Park (North Side). Owner: Penrith City Council - Applicant: Penrith City Council |
36 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on Council Property
- Land Consolidation - Emu Plains Commuter Car Park (North Side). Owner:
Penrith City Council - Applicant:
Penrith City Council be received. 2. The Common Seal
of the Council of the City of |
34 Council Property - Demolition of cottage located at Number |
37 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on Council Property
- Demolition of cottage located at Number 13 Collins Street, St Marys be received. 2. Council agree to the demolition of the existing cottage located at Number 13 Collins Street, St Marys. |
36 Application to Minister to Formalise United Independent Pools |
38 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble That: 1. The information contained in the report
on Application to
Minister to Formalise United Independent Pools be received. 2. Council supports an application to the Minister for Local Government under section 358 of the Local Government Act to consent to the formation of United Independent Pools and endorse the existing strategic alliances, Westpool and Metro Pool. |
39 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Jim Aitken OAM that the information contained in the
report on Retirement
of Director - City Operations be received. |
Councillor
Mark Davies left the meeting, the time being 8:52 pm.
Having
previously declared an interest in Item 29, Councillor Lexie Cettolin left the
meeting, the time being 8:53 pm.
29 Development Applications Determined during the Council's
Christmas Recess |
40 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Greg Davies that the information contained in the
report on Development
Applications Determined during the Council's Christmas Recess be received. |
30 2007 Australian Local Government Women's Association NSW Annual
Conference |
41 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Greg Davies That: 1. The information contained in the report
on 2007 Australian Local Government Women's Association NSW Annual Conference
be received. 2. Council nominate Councillors Susan Page, Jackie Greenow, Karen McKeown, Kaylene Allison and Lexie Cettolin to attend ALGWA’s 54th Annual NSW State Conference, to be held in Lismore from 3 to 6 May 2007, and grant leave of absence as appropriate. |
Councillor
Lexie Cettolin returned to the meeting, the time being 8:55 pm.
Councillor
Mark Davies returned to the meeting, the time being 8:56 pm.
31 2007 ICLEI Local Governments for Sustainability 'Accelerating
Now!' Conference |
42 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Ross Fowler That: 1. The information contained in the report
on 2007 ICLEI Local
Governments for Sustainability 'Accelerating Now!' Conference be received. 2. Councillor
Jim Aitken OAM and other available Councillors be authorised to attend the 2007 ICLEI Local Governments for
Sustainability 'Accelerating Now!' Conference to be held in |
32 Local Government & Shires Associations Tourism Conference
11-13 March 2007 |
43 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Jackie Greenow That: 1. The information contained in the report
on Local Government
& Shires Associations Tourism Conference 11-13 March 2007 2. Council approve the
attendance of Councillor Garry Rumble, and any other available Councillors,
at the LGSA Tourism Conference and related functions and grant leave of
absence as appropriate. |
Councillor Susan Page requested
a memo reply concerning the poor condition of the women’s toilets at Tench Reserve
and the urgent need to have this remedied. |
Councillor Susan Page requested
a memo reply regarding the untidy state of the area near the play equipment
at Tench Reserve, on the riverbank. |
Councillor Susan Page requested
a memo reply to all South Ward Councillors, providing an update on the |
Councillor Susan Page requested
a memo reply concerning the graffiti covering the signs surrounding |
Councillor Susan Page requested
a memo reply detailing the action to be taken to clean up the area of a nearly
completed development, next to the terraces at |
Councillor Susan Page requested
a memo reply concerning bags of rubbish left on |
Councillor Susan Page requested
a memo reply concerning the Blue Hills Wetland, at |
Councillor
Greg Davies requested that a total amount of $1,100 be provided, in equal
amounts from each Ward’s voted works, to purchase a table at the Ozwac Ball. |
44
RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor
Susan Page that the matter be brought forward and dealt with as a matter of
urgency. His
Worship the Mayor, Councillor Pat Sheehy AM, ruled that the matter be brought
forward and dealt with as a matter of urgency. |
45 RESOLVED on the MOTION of Councillor
Greg Davies seconded Councillor Susan Page that a total amount of $1,100 be
provided, in equal amounts from each Ward’s voted works, to purchase a table at
the Ozwac Ball.
Councillor Greg Davies requested
a report to Council detailing the environmental effects of emissions from
wood fired heaters and other fuels, with a view to presenting a motion to the
next Local Government Association Conference. |
Councillor Greg Davies requested
a memo reply to all Councillors, and an urgent report to Council, concerning
remediation works to the jam factory site. |
Councillor
Karen McKeown requested that an amount of $3,000 each from North, South and
East Ward voted works be provided for the building of an extra storage shed
at Howell Oval for Penrith District Cricket. |
46 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency. |
His Worship the Mayor, Councillor Pat Sheehy AM, ruled that the matter was urgent and should be dealt with at the meeting.
47
RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor
Jim Aitken OAM that an amount of $3,000 each from North, South and East Ward
voted works be provided for the building of an extra storage shed at Howell
Oval for Penrith District Cricket.
Councillor John Thain requested
an investigation take place into environmental practices at the site of a
townhouse development in |
QWN 13 Traffic Matter - |
Councillor Jim Aitken OAM requested a memo reply and referral to the
Local Traffic Committee, concerning the newly realigned section of |
Councillor Jim Aitken OAM
requested a memo reply concerning the poor condition of the bus stop seating
area at Penrith Railway Station. |
Councillor Steve Simat requested
leave of absence from 26 February 2007 to 8 March 2007 inclusive. |
48
RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor
Jackie Greenow that the matter be brought forward and dealt with as a matter of
urgency.
His Worship the Mayor, Councillor Pat Sheehy
AM, ruled that the matter was urgent and should be dealt with at the meeting.
49
RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor
Jackie Greenow that Leave of Absence be granted to
Councillor Mark Davies requested
a memo reply update to all Councillors concerning dust and water run off problems
associated with organic fertiliser emanating from the Debco factory in |
Councillor Garry Rumble
requested a memo reply detailing the floor area of the existing South Penrith
Library, and the floor area of the proposed relocation of the library to the
new location indicated in the development application submitted for the major
alterations to Southlands, and including details of internet facilities to be
provided in the new facility, compared with those existing. |
Councillor Garry Rumble
requested leave of absence from 15 February 2007 to 23 February 2007 inclusive. |
50
RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor
Jackie Greenow that the matter be brought forward and dealt with as a matter of
His Worship the Mayor, Councillor Pat Sheehy
AM, ruled that the matter was urgent and should be dealt with at the meeting.
51
RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor
Jackie Greenow that Leave of Absence be granted to
QWN 19 Traffic Matter - |
Councillor Lexie Cettolin
requested an urgent report to Council, concerning the newly realigned section
of |
Councillor Jackie Greenow
requested that, with regard to the exhibition of the |
Councillor Greg Davies requested
that the $2,000 donation in this regard, which was taken from the Event Management budget, be returned to
Event Management from |
52
RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim
Aitken OAM that the matter be brought forward and dealt with as a matter of
urgency.
His Worship the Mayor, Councillor Pat Sheehy
AM, ruled that the matter was urgent and should be dealt with at the meeting.
53
RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim
Aitken OAM that the $2,000 donation in this regard, which was taken from
the Event Management budget, be returned
to Event Management from
54 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:13 pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor John Thain seconded Councillor Jackie Greenow that the press and public be excluded from Committee of the Whole to deal with the following matters:
City In Its
Environment
2 Legal Matter -
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.
Leadership and Organisation
3 Commercial Matter - Council Property -
Lease of Lakeview General Store to Mr W. Wong, located at
This item has been referred
to Committee of the Whole as the report refers to information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
Leadership and Organisation
4 Commercial Matter - Council Property -
This item has been referred
to Committee of the Whole as the report refers to information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
5 Commercial Matter - Council Property -
Lease of Shop 2, Cranebrook Shopping Centre
This item has been referred
to Committee of the Whole as the report refers to information that would, if
disclosed, confer a commercial advantage on a person with whom the Council is
conducting (or proposes to conduct) business and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
Leadership and Organisation
6 Legal Matter - Penrith Whitewater Stadium
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.
City as a
7 Legal Matter - Planning Agreement
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 9:42 pm and the
General Manager reported that the Committee of the Whole met at 9:13 pm on 12
February 2007, the following being present
His Worship the Mayor Councillor Pat Sheehy AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Greg Davies, Mark Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat, and John Thain
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
RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler CW2 That: 1. The information contained in the report
on Legal Matter - 2. The action outlined in the report be followed. |
3 Commercial Matter - Council Property - Lease of Lakeview
General Store to Mr W. Wong, located at |
RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler CW3 That: 1. The information contained in the report
on Commercial
Matter - Council Property - Lease of Lakeview General Store to Mr W. Wong,
located at 2. Council grant a new five-year Lease to the existing tenant in accordance with the terms and conditions as outlined in the report. 3. The Common Seal of the Council of The City of Penrith be placed on all necessary documentation. |
4 Commercial Matter - Council Property - |
RECOMMENDED on the MOTION of Councillors Ross Fowler and Greg Davies CW4 That: 1. The information contained in the report
on Commercial
Matter - Council Property - 2. Council
grant Master Coaching Penrith a new 5-year lease with a 5-year option over 3. The
Common Seal of the Council of the City of |
5 Commercial Matter - Council Property - Lease of Shop 2, Cranebrook Shopping Centre |
RECOMMENDED on the MOTION of Councillors Greg Davies and Ross Fowler CW5 That: 1. The information contained in the report
on Commercial
Matter - Council Property - Lease of Shop 2, Cranebrook Shopping Centre be
received. 2. Council grant Dr Dowsett a new 5-year lease with a 5-year option in accordance with the terms and conditions as outlined in the report. 3. The
Common Seal of the Council of the City of |
RECOMMENDED on the MOTION of Councillors Jim Aitken OAM and Karen McKeown CW6 That: 1. The information contained in the report
on Legal Matter – Penrith Whitewater Stadium be received. 2. The actions set out in the report be
adopted. |
RECOMMENDED on the MOTION of Councillors Greg Davies and Kaylene
Allison CW7 That the information contained in the
report on Legal
Matter - Planning Agreement be received. |
ADOPTION
OF Committee of the Whole
55 RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Susan Page that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, and CW7 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:44 pm.
I certify that these 28 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 12 February 2007.
____________________ ______________
Chairperson Date