OF
THE ORDINARY MEETING OF PENRITH
CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 4 FEBRUARY 2008 AT 7:40PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Greg Davies 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 Greg Davies, Councillors
Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark
Davies, Ross Fowler OAM, Jackie Greenow, Karen McKeown, Susan Page, Garry
Rumble, Pat Sheehy AM and Steve Simat.
APOLOGIES
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1 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Jackie Greenow that apologies from Councillors
Jim Aitken OAM and John Thain be accepted.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 17 December 2007
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2
RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor
Kevin Crameri OAM that the minutes of the Ordinary Meeting of 17 December
2007 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Jackie Greenow declared a pecuniary interest in Item 5 of Committee of the Whole - Commercial
Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry
Street, Penrith as she is
the Chairperson of the board of the company that is the subject of the report.
Councillor Ross
Fowler OAM declared a pecuniary interest in Item 5 of Committee of the Whole - Commercial Matter - Council
Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith as he is the auditor of the organisation that
is the subject of the report.
Mayoral
Minutes
1 Penrith City Centre Local Environmental Plan
Gazettal
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3 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Penrith City Centre Local Environmental Plan
Gazettal be received.
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2 2008
Australia
Day Celebrations
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4 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jackie Greenow that the Mayoral Minute on 2008 Australia Day Celebrations be received.
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Councillor Mark Davies
left the meeting, the time being 7:57 pm.
3 Locals
Recognised in 2008 Australia
Day Awards
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5 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Locals Recognised in 2008 Australia Day
Awards be received.
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Councillor Mark Davies
returned to the meeting, the time being 7:59 pm.
MASTER PROGRAM REPORTS
The
City in its Broader Context
1 Great River Walk - Stages 4 and 5 Grant
Offer
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6 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Mark Davies
That:
1. The information contained in the report
on Great River Walk - Stages 4
and 5 Grant Offer be received.
2. Council endorse the acceptance of funding
for the Great River Walk, Penrith Stage 4 (West Bank Design) and Stage 5 (The
Missing Links) offered under the Metropolitan Greenspace Program 2007/08.
3. Council send letters of thanks to the
Minister for Planning and the Local Member, and to the Great River Walk Inc,
Hawkesbury City Council, Penrith
Lakes, Baulkham Hills
Shire Council, JK Williams and the Department of Lands for their support.
4. Council endorse the lodgement of the
application for the 2008 Metropolitan Greenspace Program grant for the Great
River Walk Stage 6.
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2 Submission
to the Department of Planning on the Planning Reforms Discussion Paper
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7 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Ross Fowler OAM
That:
1. The information contained in the report
on Submission to the
Department of Planning on the Planning Reforms Discussion Paper be received.
2. Council
endorse the presentation of a submission to the Department of Planning, based
on the matters outlined in this report, in response to its Planning Reforms
Discussion Paper.
3. Council make representations
to the Minister for Local Government concerning its submission on the
proposed planning reforms.
4. Council make
representations to its local members concerning its position on the proposed planning
reforms.
5. A further report be
presented to Council on the Local Government and Shires Associations’
position on the proposed planning reforms.
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The City as a Social Place
3 Extension
of Agreement with Hawkesbury City Council for Animal Pound Services
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8 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Steve Simat
That:
1. The information contained in the report
on Extension of Agreement with
Hawkesbury City Council for Animal Pound Services be received.
2. Council
authorises the Waste and Community Protection Manager to enter into an
agreement with Hawkesbury City Council to operate animal pound services for a
further three, one year periods.
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4 Youth
Week 2008
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9 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Steve Simat
That:
1. The information contained in the report
on Youth Week 2008 be
received.
2. Council approve the proposed funding allocations
for providing Youth Week activities to those organisations as outlined in
this report.
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5 Seniors
Week 2008
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10 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Steve Simat
That:
1. The information contained in the report
on Seniors Week 2008 be
received.
2. Council
provide Seniors Week grants to the value of $6,220 to ten local community
organisations to celebrate Seniors Week 2008, as outlined in the report.
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6 Variation
of Subdivision Control currently applying to Lot
1 DP 20420 (No. 208) Stafford
Street, Penrith. Applicant: S & K
Medhurst; Owner: S & K Medhurst DA07/1280
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11 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Steve Simat
That:
1. The information contained in the report
on Variation of Subdivision
Control currently applying to Lot 1 DP 20420 (No. 208) Stafford Street, Penrith
be received.
2. The Common
Seal of Penrith City Council be affixed to all necessary documentation to
vary the covenant.
3. The
Development Application DA 07/1280 for the existing dwelling addition on Lot 1, DP 20420, 208 Stafford Street, Penrith be
approved, subject to the following conditions:
Standard Conditions
3.1 A001 – Approved Plans
3.2 A020 – Use of Building
3.3 E001 – BCA Compliance
3.4 H01F – Stamped Plans
3.5 K016 – Stormwater
Special Conditions
3.6 The variation of the registration of
the use of land as referred to as (c); in the Section 88B instrument attached
to the Deposited Plan 20420 shall be registered with The Land and Property
Information of New South Wales within six(6) months of issue of the
development consent
3.7 The variation of the covenant shall be in
terms approved by Penrith City Council in the documentation submitted in
support of the development application.
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The
City In Its Environment
8 Floodplain
Management Program 2007/2008 - Grant Offer
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12 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Ross Fowler OAM
That:
1. The information contained in the report on Floodplain Management Program 2007/2008 -
Grant Offer be received.
2. The State Assisted Floodplain
Management Grant offer of $40,000 from the Minister for Climate Change,
Environment and Water for the Floodplain Management Program be accepted.
3. The Minister be
thanked for the grant offer.
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7 Olive
Trees - Soling Crescent, Cranebrook
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13 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Pat Sheehy AM
That:
1. The information contained in the report on
Olive Trees - Soling Crescent, Cranebrook be received.
2. When it is considered the establishment of
the trees has been successful, suitable
interpretive signage be provided.
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The
City Supported by Infrastructure
9 Severe
Storm on 9 December 2007
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14 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Jackie Greenow
That:
1. The information contained in the report on
the Severe Storm on 9 December 2007 be received.
2. All Council outdoor staff be thanked for
their efforts during the weeks following this storm.
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Leadership
and Organisation
10 Pecuniary
Interest Returns
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15 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Steve Simat that the information contained in the report on Pecuniary Interest Returns be received.
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11 Local
Government Friend of Australian Red Cross
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16 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Steve Simat
That:
1. The information contained in the report
on Local Government Friend of
Australian Red Cross be received.
2. Council accept
the invitation of the Australian Red Cross to become a Local Government Friend
of Australian Red Cross.
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14 Council
Property - Electricity Easement for Padmount Substation on Open Space, Lot 10
DP 832179, The Glenmore Parkway,
Glenmore Park.
Owner: Penrith City
Council. Applicant: Integral Energy
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17 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Steve Simat
That:
1. The information contained in the report
on Council Property -
Electricity Easement for Padmount Substation on Open Space, Lot 10 DP 832179,
The Glenmore Parkway, Glenmore Park.
Owner: Penrith City
Council. Applicant: Integral Energy be received.
2. Council grant
Integral Energy an Easement for Padmount Substation 5.5 x 2.75 metres and an
easement one metre wide for connecting cables over Lot 10 DP 832179 at The
Glenmore Parkway, Glenmore
Park.
3. Integral
Energy bear all reasonable costs associated with the granting of the
easements.
4. Compensation
in the amount of $5,500 be accepted from Integral Energy.
5. Integral
Energy be responsible for the timely removal of any graffiti upon the
padmount substation.
6. The Common
Seal of the Council of the City of Penrith
be placed on all necessary documentation.
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15 Property
Matter - Proposed Road Closing - Part
Mamre Road, Erskine Park
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18 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Steve Simat
That:
1. The information contained in the report
on Property Matter - Proposed
Road Closing - Part Mamre Road,
Erskine Park be received.
2. Council lodge
an application with the Department of Lands for the closing of the indent
section of Mamre Road
that is no longer required, with the intention that the land be transferred
to the owner of the adjoining land, currently CSR Ltd.
3. CSR Ltd be
responsible for all application, survey and associated costs involved in the
closing.
4. The Common
Seal of the Council of the City of Penrith
be placed on all necessary documentation.
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16 Summary
of Investments & Banking for the period 1 December to 31 December 2007
and an Agency Collection Method
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19 RESOLVED on the MOTION of Councillor Garry
Rumble seconded Councillor Steve Simat
That:
1. The information contained in the report
on Summary of Investments
& Banking for the period 1 December to 31 December 2007 and an Agency
Collection Method be received.
2. The
Certificate of the Responsible Accounting Officer and Summaries of
Investments and Performance for the period 1 December 2007 to 31 December
2007 be noted and accepted.
3. The
graphical investment analysis as at 31 December 2007 be noted.
4. The Agency
Collection Fees be noted.
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12 2008
Australian Local Government Women's Association NSW Annual Conference
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20 RESOLVED on the MOTION of Councillor Susan
Page seconded Councillor Kaylene Allison
That:
1. The information contained in the report
on 2008 Australian Local
Government Women's Association NSW Annual Conference be received.
2. Council
nominate Councillors Karen McKeown, Kaylene Allison, Jackie Greenow, Lexie
Cettolin and Susan Page as its delegates to attend ALGWA’s 55th
Annual NSW State Conference, to be held in Rockdale from 3 to 5 April 2008,
and grant leave of absence as appropriate.
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13 Local
Government Sessions, United Nations Climate Change Conference, Bali, Indonesia,
2007
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21 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Ross Fowler OAM
That:
1. The information contained in the report
on the Local Government
Sessions, United Nations Climate Change Conference, Bali, Indonesia,
2007 be received.
2. Consideration of the World Mayors and Local
Governments Climate Protection Agreement be referred to the Climate Change
Leadership Working Party.
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17 Review
of National Framework for Women in Local Government
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22 RESOLVED on the MOTION of Councillor Susan
Page seconded Councillor Karen McKeown
That:
1. The information contained in the report on Review of National Framework for Women in
Local Government be received.
2. The Workshop as outlined in the report be
held with women councillors to develop an action plan.
3. This report form the basis of Council’s
response to ALGWA on the progress being made to implement the actions
contained within the National Framework for Women.
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QUESTIONS WITHOUT NOTICE
QWN 1 Peachtree Creek – Eastern side of
Ladbury Avenue, Penrith
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Councillor Susan Page requested that the
rubbish and dumped soil be removed from Peachtree Creek and the area
generally tidied to allow water to flow to the waterfall and flood
plain.
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QWN 2 Guttering - Ladbury Avenue, Penrith
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Councillor Susan Page requested that
repairs be carried out to the cracks in the guttering outside No. 36 Ladbury Avenue,
Penrith and the pavement that has been damaged by the roots of a tree in the
nature strip area outside the property.
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QWN 3 Stormwater Damage to Properties behind
Penrith Golf Course
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Councillor Susan Page requested that the
stormwater outlet behind Penrith Golf Course, backing onto properties in Ladbury Avenue,
Penrith be unblocked as water is backing up onto these properties.
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QWN 4 Local Government Leaders' Forum
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Councillor Susan Page requested a report to
Council on the outcomes of the Local Government Leaders’ Forum held on 30
January 2008.
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Councillor Steve Simat left
the meeting, the time being 8:54 pm, and did not return.
QWN 5 Penrith Agricultural Horticultural and
Industry Society
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Councillor David Bradbury requested a
report to Council exploring opportunities for engaging the Penrith Agricultural,
Horticultural and Industry Society in discussions regarding the development
of a masterplan for its land, including the Penrith Pool site and, if
possible, considering a Project Bid for the Management Plan.
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QWN 6 Namatjirra Community Centre - Child Care
Service
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Councillor David Bradbury requested an
urgent report to the next Ordinary Council meeting, to be held on 25 February
2008, regarding the options available to maintain the existing Before and
After and Vacation Care Service at Namatjirra Community Centre, which is
currently run by the Werrington Community Project.
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QWN 7 Use of Fireworks in New South Wales
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Councillor David Bradbury requested a memo
reply on the current laws regarding the use of fireworks in New South Wales, including consideration
of the impact of fireworks on Council parks and reserves regarding the
resources required to clean up the debris of such fireworks.
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QWN 8 Policy on Interpretive Signage
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Councillor Garry Rumble requested a report
to Council recommending that a policy be formulated on the provision of
interpretive signage throughout the City so that a uniform standard is
achieved. This policy should look to
ensure that the history of Penrith is not lost to residents and that residents
are informed of the City’s past history.
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QWN 9 Devlin and Castlereagh Roads, Castlereagh
- Drainage
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Councillor Kevin Crameri OAM requested a
memo reply concerning the inspection of the water drainage problem at Devlin
and Castlereagh Roads, Castlereagh and detailing a solution to the problem.
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QWN 10 Air Services Land at Cranebrook
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Councillor Kevin Crameri OAM requested an urgent
report to Council on the status of the Air Services land at Cranebrook, in
particular any progress made since December 2007.
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QWN 11 Referral of Personal Matter to Committee
of the Whole
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Councillor Kevin Crameri OAM requested a personal matter concerning a resident be
considered in Committee of the Whole.
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QWN 12 Flood Study
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Councillor Kevin Crameri OAM requested a
memo reply concerning the status of the proposed Flood Study.
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QWN 13 Trinity
Drive/Lewis Road, Cambridge
Gardens - Request for Provision of Traffic Calming Devices (Item 10 - Local
Traffic Committee, 4 February 2008)
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Councillor Kevin Crameri OAM requested that
his previous request for a give way sign at this location be reconsidered by
the Local Traffic Committee.
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QWN 14 Car parking issues on Gidley Street, St
Marys
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Councillor Mark Davies requested that the
matter of car parking problems being experienced by the family day care
service which is run by Mission Australia, in Gidley Street, St Marys be referred to
the Local Traffic Committee for investigation.
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Committee of the
Whole
23 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Garry Rumble that the meeting adjourn to
the Committee of the Whole to deal with the following matters, the time being 9:09
pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Pat Sheehy AM seconded Councillor Garry Rumble that the press and
public be excluded from Committee of the Whole to deal with the following
matters:
City as a Social Place
2 Legal Matter - 24 Fourth Avenue, Llandilo
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.
3 Commercial Matter - Acquisition of
Property for the Penrith
Valley Cultural Precinct
at St Marys
This item has been referred to Committee of
the Whole as the report refers to commercial information of a confidential
nature that would, if disclosed (i) prejudice the commercial position of the
person who supplied it; or (ii) confer a commercial advantage on a competitor
of the Council; or (iii) reveal a trade secret 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 -
Lease of Shop 6 at Cranebrook
Village 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.
5 Commercial Matter - Council Property -
Lease of Shop 3, Allen Arcade, 140-142
Henry Street, Penrith
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.
6 Commercial Matter - Analysis of Development Potential for Council
Properties
This item has been referred to Committee of
the Whole as the report refers to commercial information of a confidential
nature that would, if disclosed (i) prejudice the commercial position of the
person who supplied it; or (ii) confer a commercial advantage on a competitor
of the Council; or (iii) reveal a trade secret and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
7 Question
Without Notice 11 - Referral of Personal Matter to Committee of
the Whole
This
matter has been referred to Committee of the Whole as it refers to the personal
hardship of a resident or ratepayer and discussion of the matter in open
meeting would be, on balance, contrary to the public interest.
The
meeting resumed at 9:19 pm and the General Manager reported that the Committee
of the Whole met at 9:09 pm on Monday 4 February 2008, the following being
present
His Worship the Mayor Councillor Greg Davies, Councillors
Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark
Davies, Ross Fowler OAM, Jackie Greenow, Karen McKeown, Susan Page, Garry
Rumble 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 Legal
Matter - 24 Fourth Avenue,
Llandilo
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RECOMMENDED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Garry Rumble
CW2 That:
1.
The
information contained in the report on Legal
Matter - 24 Fourth Avenue,
Llandilo.
2.
The matter of compliance action be reviewed upon
exhibition of the Draft LEP for Rural Lands.
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3 Commercial
Matter - Acquisition of Property for the Penrith Valley
Cultural Precinct at St Marys
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RECOMMENDED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler OAM
CW3 That:
1. The information contained in the report
on Commercial Matter - Acquisition of Property for the Penrith Valley
Cultural Precinct at St Marys be received.
2. Council purchase No 27 Swanston Street,
St Marys described as Lot 3 DP 38566 in accordance with Conditions 1-6 as
outlined in the summary of the report.
3. The land at Lot 3 DP 38566 be classified
as “Operational” land.
4. The Common Seal of the Council of the
City of Penrith
be placed on all necessary documentation.
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4 Commercial
Matter - Council Property - Lease of Shop 6 at Cranebrook Village
Shopping Centre
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RECOMMENDED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Lexie Cettolin
CW4 That:
1. The
information contained in the report on Commercial
Matter - Council Property - Lease of Shop 6 at Cranebrook Village Shopping
Centre be received.
2. Council approve early termination of the
existing lease to Mousbah Chahrook and Gazwa Shahrook over Shop 6 at
Cranebrook Village Shopping Centre as of 29 February 2008.
3.
Council grant
John Lui a new 5 year lease with a 5 year option over Shop 6 at Cranebrook
Village Shopping Centre in accordance with the terms outlined in the report.
4.
The Common
Seal of the Council of the City of Penrith
be placed on all necessary documents.
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6 Commercial
Matter - Analysis of Development
Potential for Council Properties
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RECOMMENDED
on the MOTION of Councillor Ross Fowler OAM seconded Councillor Pat Sheehy AM
CW6 That:
1.
The
information contained in the report on Commercial
Matter - Analysis of Development
Potential for Council Properties be received.
2.
Council accept the offer of Landcom to assist in the
analysis of development potential for the Council-owned properties discussed
in the report.
3.
Council allocate $30,000 from the Property
Development Reserve for this project.
4.
Council inform the appropriate organisations and
individuals of the study, including by way of consultation at the next city
partners’ forum.
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Having previously declared
a pecuniary interest in Item 5 of Committee of the Whole, Councillors Jackie
Greenow and Ross Fowler OAM left the meeting, the time being 9:12 pm.
5 Commercial
Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith
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RECOMMENDED
on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen
McKeown
CW5 That:
1. The
information contained in the report on Commercial
Matter - Council Property - Lease of Shop 3, Allen Arcade, 140-142 Henry Street, Penrith be received.
2. Council grant Nova Training and
Employment Inc (trading as Nova Employment) a 3 year lease with a 3 year
option to further lease over Shop 3 at Allen Arcade, 140-142 Henry Street, Penrith.
3. The Common Seal of the Council of the
City of Penrith
be placed on all necessary documentation.
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Councillors Jackie Greenow
and Ross Fowler OAM returned to the meeting, the time being 9:13 pm.
7 Question
Without Notice 11 - Referral of Personal Matter to Committee of
the Whole
It was agreed that Councillors would be provided with a memo
on the matters raised.
ADOPTION
OF Committee of the Whole
24 RESOLVED on the MOTION of Councillor Pat
Sheehy AM seconded Councillor Susan Page that the recommendations
contained in the Committee of the Whole and shown as CW1, CW 2, CW3, CW4, CW5,
and CW6 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 9:22 pm.
I certify that these 14 pages are the Confirmed Minutes of the
Ordinary Meeting of Penrith City Council held on 4 February 2008.
____________________ ______________
Chairperson Date