CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 29 JUNE 2009 AT 7:35PM

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Jim Aitken OAM 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 Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM (arrived at 7:38 pm), Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

 

APOLOGIES

159  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the apology from Councillor Jackie Greenow be accepted.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 25 May 2009

160  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the minutes of the Ordinary Meeting of 25 May 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Kaylene Allison declared a Pecuniary Interest in Item 7 - Section 96 Application No. 07/0742.01 for the modification of the existing development consent relating to the Place of Worship at Lot 912 DP 836641 (No. 86-90) Andromeda Drive, Cranebrook. Applicant: Corpus Christi Parish;  Owner: Trustees Roman Catholic Church as she is an employee of the Roman Catholic Church.

 

Councillor Tanya Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 19 -21st Women, Management and Work Conference - 30 to 31 July 2009 as she is an employee of Macquarie University.

 

 

 

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 23 - Commercial Matter - Council Property Cranebrook Village Shopping Centre as he currently leases a premise in the shopping centre.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in QWN 5 – Llandilo Hall – Provision of Skip, as he is the Public Officer of the Llandilo Hall Committee.

 

 

SUSPENSION OF STANDING ORDERS

161  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40 pm.

 

 

Ms Kathryn Caughey

 

Item 4 – Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa.  Applicant: Cityscape Planning and Projects;  Owner: Jamison Investments Pty Ltd DA09/0314

 

Ms Kathryn Caughey, the applicant, spoke in support of this development, and against Council’s recommendation to refuse the application.  Ms Caughey objected to the recommendation on the grounds that there is other development in the area on similar sized allotments.

 

162  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that an extension of time be granted to Ms Kathryn Caughey, the time being 7:45 pm.

 

Ms Caughey went on to comment that the minimum10 ha development standard in the area appeared to only affect dwellings and not other, commercial type premises, and requested that Council reconsider the standard in this instance.

 

         

Mr Andrew Martin

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226

 

Mr Martin, the town planner for the applicant, spoke in support of the proposed development, and stated that the applicant had addressed any concerns residents may have about landscaping, drainage, local amenity and related issues.

 

 

 

 

 

Ms Diane Joannides

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226         

 

Ms Joannides, an affected neighbour, representing the local residents, spoke against the proposed development, stating that residents had concerns about the scale of the development, given that it would be much larger than other buildings in the vicinity.  Ms Joannides also expressed concerns about drainage issues in the basement carpark of the proposed development, and added that the volume of traffic in the area would be increased.

 

Ms Elizabeth Barnes

 

Item 6 – Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd DA07/0226         

 

Ms Elizabeth Barnes, an affected neighbour, representing local residents, spoke in objection to the proposal, stating concerns over obstruction of natural light, noise and vibration from the underground carpark, ventilation issues, increased congestion and noise pollution generally.  Ms Barnes concluded by adding that no additional infrastructure appeared to be provided for the development, in particular footpaving and extra parking at the railway station nearby.

 

 

RESUMPTION OF STANDING ORDERS

163  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM that Standing Orders be resumed, the time being 7:59 pm.

 

  

Mayoral Minutes

 

1        Locals recognised in 2009 Queens Birthday Honours                                                     

164  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Locals recognised in 2009 Queens Birthday Honours be received.

 

 

2        Director Steve Hackett retires                                                                                          

165  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Director Steve Hackett retires be received.

 

 

3        Council recognised at Australasian Reporting Awards for 2007-08 Annual Report      

166  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council recognised at Australasian Reporting Awards for 2007-08 Annual Report be received.

 

 

4        Council recognised for sustainable waste management                                                   

167  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council recognised for sustainable waste management be received.

 

 

5        Council wins a 2009 National Local Government Award                                                 

168  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the Mayoral Minute on Council wins a 2009 National Local Government Award be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 1 June 2009                                                                                                                                             

169  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 June, 2009 be adopted.

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 15 June 2009                                                                                                                                     

170  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 15 June, 2009 be adopted.

 

 

 

 

 

 

 

 

 

 

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        Adoption of the Strategic Plan, the Four Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan                                                                                                        

171  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.       The information contained in the report on Adoption of the Strategic Plan, the Four Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan  be received.

2.       The recommended actions, including changes to the draft budget, staff establishment and tasks as detailed in the report be adopted, and those which relate to variations to the exhibited draft plan be incorporated into the Operational Plan.

3.       The Strategic Plan, 4 Year Delivery Program 2009-2013 and the 2009-2010 Operational Plan, as amended, be formally adopted.

4.       Council approve for expenditure the budget as detailed in the 2009-2010 Operational Plan, and on that basis formally vote these funds for the 2009-2010 financial year.

5.       Those individuals and organisations who made submissions on Council’s draft Strategic Plan, 4 year Delivery Program and Operational Plan be thanked for their input and advised of Council’s decision.

6.       Those projects in the 2008-2009 Management Plan, which were approved by Council in the March Quarter Review 2009 to be carried forward, be added to the adopted Operational Plan for 2009-2010.

7.       Staff involved in the production of these documents be congratulated for their efforts.

 

 

The City as a Social Place

 

3        Building Application BA007984.01 Proposed modification to hours of operation of existing child care centre at Lot 721 DP 717440 (No.28) Waterfall Crescent, Cranebrook . Applicant: Greg and Tracy Walton;  Owner: Greg and Tracy Walton                        BA007984.01

172  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Development Application BA007984.01 for the Building Application BA007984.01 Proposed modification to hours of operation of existing child care centre at Lot 721 DP 717440 (No.28) Waterfall Crescent, Cranebrook be received.

2.     Development Application BA007984.01 be approved and Development Consent No.40/86 be amended in the following manner:

Condition 20

The hours of operation are to be from 7:30am to 5:30pm Monday to Friday only.

As amended 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979;

Condition 29

A Noise Management Plan is to be provided that confirms the following for hours between 7:30am and 8am and between 5pm and 5:30pm:

a.    Children will not play outside during the proposed extended hours of operation;

b.    All staff arriving between the proposed extended hours of operation will park within the provided car spaces on site;

c.    A sign is to be erected in a visible location advising the opening of car doors and the gate within the site is to be conducted in a manner such that noise is minimised;

d.    Contact details of the operator of the child care centre in the event contact is to be made by Council to advise of any complaint for record, attention and/or action.

 

As included 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979

Condition 30

The existing gate is to be altered to mitigate noise prior to the commencement of extended hours of operation.

As included 29 June 2009 in accordance with Section 96 of the Environmental Planning and Assessment Act 1979

3.     Those people who made a submission are to be notified of the decision.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

4        Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa. . Applicant: Cityscape Planning and Projects;  Owner: Jamison Investments Pty Ltd                                                                           DA09/0314

173  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Development Application DA09/0314 for a Dwelling House at Lot 21, 22, 23 and 24 DP 2721 (No. 341a) Littlefields Road, Mulgoa. be received.

2.     The objection to the minimum allotment size prescribed by Clause 14(2) Sydney Regional Environmental Plan No.13- Mulgoa Valley not be supported.

3.     DA09/0314 for a Dwelling House on Lots 21, 22, 23 & 24 in DP 2721 at 341a Littlefields Road, Mulgoa be refused for the following reasons:

3.1       The application is not satisfactory for the purpose of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matters prescribed by Sydney Regional Environmental Plan No.13 – Mulgoa Valley:

 

1.  Clause 3(2)(e)& (f)& (g) & (j)- Aims, objectives etc

2.  Clause 8 (3)- Zone Objectives, particularly objectives (a), (b) & (e)

3.  Clause 12(c)& (g)&(o)&(p)

4.  Clause 14(2)- Dwelling-houses

 

3.2       The application is not satisfactory for the purpose of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 as the proposal does not meet the following matter prescribed by Draft Penrith Local Environmental Plan 2008:

 

1.   Clause 6.8 (2)- Dwelling Houses on Certain Land within Llandilo & Mulgoa

 

3.3       The application is not satisfactory for the purpose of Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979 as the proposed site is not suitable for the development based upon:

 

1.   The requirement for a pump-out sewage system

2.   The identified removal of five (5) trees located well clear of the building footprint

 

 

3.4       The application is not satisfactory for the purpose of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest as it would set an undesirable precedent.

 

4.    Those people who made a submission are to be notified of the outcome.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

5        Development Application DA09/0449, DA09/0451, and DA09/0452 for the formal closure of Malabine, Ballah, and Coolibah Lanes and subdivision to create a single allotment on each site, South Penrith. Applicant: Penrith City Council;  Owner: Penrith City Council       

174  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Development Application DA09/0449, DA09/0451, and DA09/0452 for the formal closure of Malabine, Ballah, and Coolibah Lanes and subdivision to create a single allotment on each site, South Penrith be received

2.     The submitted SEPP be supported.

3.     Development Applications DA09/0449, DA09/0451, and DA09/0452 be approved subject to the following standard conditions:

A02f             (Approved Plans)

G002            (Section 73 Certificate)

M008           Prior to the issue of a Subdivision Certificate the original plan and ten (10) copies shall be submitted to Penrith City Council.

 

All necessary easements for drainage or services are to be included on the subdivision plan.

The following information is to be shown on one (1) copy of the plan.

§ All existing drainage and services are wholly contained within the lot served and/or covered by an appropriate easement.

M009          The linen plan of subdivision is to be supported by an 88B instrument creating a Restriction as to User or easement regarding the following:

a)      The proposed lot shall be consolidated with one or more of the adjoining lots prior to residential structures and/or development being permitted on the land.

Council shall be nominated as the only authority permitted to modify, vary or rescind such restriction as to user.

M014          (Surveyors Certificate

Q008          (Subdivision Certificate)

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

 

 

 

 

 

 

 

 

6        Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood. Applicant: Luvamo Pty Ltd;  Owner: Amflo Pty Ltd                                       DA07/0226

A MOTION was moved by Councillor Greg Davies seconded Ross Fowler OAM

That:

1.     The information contained in the report on Development Application DA07/0226 Section 82A Review of the Determination for a Multi-unit Housing Development  comprising of 20 Apartment and Townhouse Dwellings over Basement Car Parking at Lots 16 & 17 DP 38919 (No. 76-78) Jones Street, Kingswood be received.

2.     Pursuant to Section 82A (4A) of the Environmental Planning and Assessment Act 1979, Council change the determination of Development Application 07/0226 to approval.

3.     Pursuant to Section 80(1) of the Environmental Planning and Assessment Act 1979, Council grant approval to Development Application 07/0226 as follows:

3.1       Architectural plans prepared by Amflo Architects Pty Ltd

Drawing No.

Title

Date

Issue

06499-01F

Site Analysis

24.2.09

F

06499-02F

Site Plan

24.2.09

F

06499-03F

Basement Floor Plan

24.2.09

F

06499-04F

Ground Floor Plan

24.2.09

F

06499-05F

First Floor Plan

24.2.09

F

06499-06F

Roof Plan

24.2.09

F

06499-07F

Elevations/Sections

24.2.09

F

06499-08F

Elevations/Sections

24.2.09

F

06499-09F

Adoptable Units

24.2.09

F

06499-10F

Winter Shadow Diagrams

24.2.09

F

06499-11F

Summer Shadow Diagrams

24.2.09

F

06499-12F

Equinox Shadow Diagrams

24.2.09

F

06499-13F

Basement Ramp Details

24.2.09

F

06499-15F

Landscape Calculation Plan

24.2.09

F

 

3.2       Hydraulic plans prepared by United Consulting Engineers

 

Drawing No.

Title

Date

Issue

04MB1695/D01

Site and Roof Drainage Plan (Sheet 1)

17.4.09

L

04MB1695/D02

Site and Roof Drainage Plan (Sheet 2)

17.4.09

L

04MB1695/D03

Site and Roof Drainage Plan (Sheet 1)

20.3.09

J

04MB1695/D04

Site and Roof Drainage Plan (Sheet 2)

20.3.09

J

 

As amended in Red.

Standard Conditions

 

3.3       A008 -        Works to BCA requirements

A009 -        Residential Works DCP

A011 -        Engineering Works DCP

A014 -        Lot consolidation

A019 -        Occupation Certificate

A02F -        BASIX commitments

A038 -        Lighting locations

A043 -        Air conditioner for existing dwelling

B005 -        Mud/Soil

B006 -        Hours of work

D001 -                  Implement approved sediment & erosion control   measures

D002 -        Spray grass

D005 -        No filling without prior approval

D007 -        Filling of land

D009 -        Covering of waste storage area

D010 -        Appropriate disposal of excavated or other waste

E002 -        BCA issues to be addressed

E006 -        Disabled access and facilities

E008 -        Fire safety list with Construction Certificate

E009 -        Annual fire safety-essential fire safety (Class 2-9 buildings)

E01A -        BCA Compliance (Class 2-9)

F006 -        Water tank & nuisance

G002 -        Section 73

G004 -        Integral Energy

G005 -        Rainwater tank-Plumbing

H002 -        All forms of construction

H003 -        Traffic safety during construction or subdivision works

H011 -        Engineering plans & specifications

H013 -        Further details of building components

H014 -        Slabs/footings

H015 -        Termites

H01F -        Stamped plans on site

H022 -        Survey

H024 -        Glass installations AS1288

H036 -        Rainwater tank

H037 -        Safe supply of water from catchment

H038 -        Connection of rainwater tank supply

H039 -        Rainwater tank pumps

I003  -        Roads Act approval 1

K002 -        WAE drawings & certificates

K004 -        Easement creation

K009 -        On-site detention

K019 -        Connection to Council’s system

K025 -        Pavement seal

K036 -        Performance bond

K037 -        Maintenance bond

L002 -        Landscape construction

L003 -        Report requirement

L006 -        Landscaping

N001 -        Section 94 Contributions

 

                                      Cultural Facilities            $2,266.00

                                      District Open Space                 $53,201.00

                                      Footpaths                                $1,628.00

                                      Local Open Space                   $19,232.00

                                       Neighbourhood Centre             $2,728.00

 

P001 -        Costs

P002 -        Fees associated with Council land

Q001 -        Notice of commencement and appointment of PCA

Q006 -        Occupation Certificate

 

Special Conditions

 

3.4       Roads Act Approval

           Under the Roads Act, 1993 the following works are to be approved by Penrith City Council before the Construction Certificate for the development is issued.  Plans and inspection fees are to be lodged with Penrith City Council for the following works in the road:

(a)       Provision of kerb and gutter, drainage, road pavement, vehicle crossover and layback along with any ancillary works for the provision of a cul-de-sac head in Jones Street.  All utility services affected by the proposed works are to be relocated to the satisfaction of the relevant utility provider.  Any additional driveway works required to provide access to existing properties in Jones Street shall be shown on the engineering plans. New driveway works shall match with existing.  All works are to be undertaken at no cost to Council

            Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 to ascertain applicable fees

            All works are to be designed and constructed in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design and Part 2 – Construction.  The works are to be completed before an Occupation Certificate is issued for the development

3.5      A Construction Certificate for the provision of engineering works (on-site-detention system) is to be approved by the certifying authority.  Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design

3.6                Land at the end of Jones Street is to be dedicated to Council, at no cost to Council to accommodate the cul-de-sac head and verge / footway area

3.7                All car parking and manoeuvring areas associated with the subject development including driveways, access ramp grades & widths, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths, parking bay grades and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements.  Full details demonstrating compliance must be submitted with the Construction Certificate

3.8      Submission of evidence of registration of a drainage easement over adjacent Lot 72 DP 241989 to be provided prior to the issue of Construction Certificate

3.9      Submission of a revised landscape plan, consistent Part 2, Section 2.6 of Penrith Development Control Plan 2006, and to the satisfaction of Council, which must also include notations identifying arrangements for the fencing of all boundaries of the site. This revised plan is to be provided prior to the issue of a Construction Certificate

3.10    Submission of an amended design to which provides for an improved connection between the area of rear open space and the balance of the development. This may comprise alterations to Townhouse 12 to improve the visual and/or physical connection to this area, or otherwise improve communal access to this area. These plans are to be approved by Council prior to the issue of a Construction Certificate

3.11    All costs associated with construction of boundary fencing, as nominated on the approved landscape plan, shall be borne by the applicant

4.     All those people who made a submission to be notified of this decision.

5.     An urgent report be presented to Council concerning the provision of pathpaving to Jones Street and addressing any relevant traffic issues relating to the proposed development.

An AMENDMENT was moved by Councillor Tanya Davies seconded Councillor Marko Malkoc that consideration of this matter be deferred to enable wider consultation and that a site inspection be undertaken by Councillors.

Councillor Greg Davies then WITHDREW the MOTION.

 

The AMENDMENT then BECAME the MOTION, and was AGREED TO UNANIMOUSLY.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

7        Section 96 Application No. 07/0742.01 for the modification of the existing development consent relating to the Place of Worship at Lot 912 DP 836641 (No. 86-90) Andromeda Drive, Cranebrook. Applicant: Corpus Christi Parish;  Owner: Trustees Roman Catholic Church                                                                                                                           DA07/0742

Having previously declared a Pecuniary Interest in this matter, Councillor Kaylene Allison left the meeting, the time being 8:38 pm.

Councillors Marko Malkoc and Greg Davies left the meeting, the time being 8:40 pm.

 

175  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that consideration of this matter be deferred, so that a site inspection may be undertaken by all interested Councillors of the proposed modification and that, at the site inspection, both parties be invited, with Council officers to request that the youth band referred to in the report be in attendance and perform so that noise implications may be considered.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

The City In Its Environment

 

Councillor Tanya Davies left the meeting, the time being 8:41 pm.

 

8        Street Litter Bin Waste Collection and Disposal Contract                                              

176  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Street Litter Bin Waste Collection and Disposal Contract be received.

2.     Council approve a new pricing structure for the Street Litter Bin Waste Collection Contract to exclude the tipping component, which is to be borne by Council effective 1 July 2009.

 

3.     The new weekly price (2008/09) for the Street Litter Bin Waste Collection Contract be $7,477.19 per week ($388,813.88 per annum), subject to annual CPI adjustments in accordance with the terms of the contract, effective from 1 July 2009.  The adjusted service rate will be reduced to $2.056 per bin (2008/09), in accordance with the terms of the contract plus CPI.

 

 

9        Variation to the Domestic Waste Contract                                                                       

177  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Variation to the Domestic Waste Contract be received.

2.     The Waste and Community Manager in consultation with the Group Manager - Legal and Governance be authorised to vary the Domestic Waste Contract in accordance with the terms of this contract.

 

 

10      Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands       

178  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Clean Up of Illegal Dumping on Deerubbin Local Aboriginal Land Council Lands be received.

2.     Council endorses the auspicing of the $50,000 grant funding to the Deerubbin Local Aboriginal Land Council for the removal of asbestos contaminated waste illegally dumped on Deerubbin Aboriginal Land Council lands.

 

 

The City as an Economy

 

11      2009 Sister Cities Australia National Conference                                                            

179  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain

That:

1.     The information contained in the report on 2009 Sister Cities Australia National Conference be received.

2.     Councillor Greenow represents Council at the 2009 Sister Cities Australia National Conference in Tamworth from 19-22 July, 2009.

 

 

 

 

The City Supported by Infrastructure

 

Councillor Kaylene Allison returned to the meeting, the time being 8:42 pm.

 

15      Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2009-2010                                                                                                                                     

180  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Local Government Road Safety Program - Roads and Traffic Authority Grant Funding 2009-2010 be received.

2.     Council accept the three grants offered by the Roads and Traffic Authority Local Government Road Safety Program, totalling $ 10,000.00, as outlined in the report.

3.     Council accept the grant offered by the Roads and Traffic Authority NSW Centre for Road Safety, totalling $1,500.00 as outlined in the report.

 

 

16      Road Classification Review                                                                                               

181  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Road Classification Review be received.

2.     Council advise the RTA that it accepts the final Road Classification recommendations for Christie Street, St Marys to change from Local Road to Regional Road status.

3.     Council advise the RTA that it accepts the final Road Classification recommendations for Castlereagh Road, Castlereagh (Springwood Road to Cranebrook Road) to change from State Road to Regional Road status subject to any identified repair works being carried out.

4.     Council advise the RTA that it accepts the final Road Classification recommendations for Londonderry Road, Londonderry (The Northern Road to The Driftway) to change from Regional Road to State Road status.

 

 

2        Penrith Transport Summit Outcomes                                                                                

182  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ben Goldfinch that the information contained in the report on Penrith Transport Summit Outcomes be received.

 

 

12      Tender Number 13-08/09 Concrete Works - Footpath and Kerb & Gutter                    

183  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1.     The information contained in the report on Tender Number 13-08/09 Concrete Works - Footpath and Kerb & Gutter be received.

2.     Kodi Civil Pty Ltd be appointed as the preferred contractor for the provision of Concrete works for footpath and kerb and gutter for a period of 2 years (subject to rise & fall) with an option to extend the arrangements for a further 1 year period subject to satisfactory performance.

3.     Devcon Civil Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unable to complete allocated works within a suitable time frame or they are in default of their obligation under the terms of the contract agreement.

 

 

13      Mulgoa Road/Jamison Road, Penrith - Intersection Upgrade

Councillors Greg Davies and Tanya Davies returned to the meeting, the time being 8:48 pm.

 

184  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Mulgoa Road/Jamison Road, Penrith - Intersection Upgrade be received.

2.     Council write to the Local State Members of Parliament requesting them to respond to the matters raised in Council’s report on this matter.

 

 

14      Status of the M4 Motorway Toll

Councillor Marko Malkoc returned to the meeting, the time being 8:54 pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 8:56 pm.

 

185  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Prue Guillaume

That:

1.     The information contained in the report on Status of the M4 Motorway Toll be received.

2.     Council write to the Minister for Roads supporting removal of the M4 toll when ownership reverts to the government on 15 February 2010.

3.     Council write to the Local State Members for their support as well for the removal of the M4 toll when ownership reverts to the government on 15 February 2010.

 

 

Leadership and Organisation

 

17      Penrith Performing and Visual Arts Limited                                                                     

186  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Limited be received.

2.     Council endorse the appointment of Mr Barry Husking as a Director on the Board of Penrith Performing and Visual Arts Limited.

 

 

18      Pecuniary Interest Returns                                                                                                

187  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on Pecuniary Interest Returns be received.

 

 

19      21st Women, Management and Work Conference - 30 to 31 July 2009                         

188  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on 21st Women, Management and Work Conference - 30 to 31 July 2009 be received.

 

 

21      Expressions of Interest Reference 24-08/09 Provision of Banking Services                 

189  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Expressions of Interest Reference 24-08/09 Provision of Banking Services be received.

2.     Council renew its banking relationship with the Commonwealth Bank for the period 1 July 2009 to 30 June 2015 in line with the expression of interest received 26 May 2009 for all services expect those relating to Purchase cards.

3.     Council renew its relationship with the National Australia Bank for the period 1 July 2009 to 30 June 2015 in line with the expression of interest received 26 May 2009 for services relating to Purchase Cards only.

 

22      Commercial Matter - Lease of Unused Public Laneway Adjacent to 22 Peachtree Road, Penrith to Adjoining Business Owner, Petrolink Pty Limited                                          

190  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Lease of Unused Public Laneway Adjacent to 22 Peachtree Road, Penrith to Adjoining Business Owner, Petrolink Pty Limited be received.

2.     Council grant Petrolink Pty Limited a 5 year lease in the form of a Licence Agreement under Part 10, Division 2, Sections 153-157 of The Roads Act 1993.

3.     Council agree to the rental payments in the amount of $2,700 per annum plus GST, with CPI increases.

4.     The Common Seal of the Council of the City of Penrith be placed on all necessary documents.

 

 

23      Commercial Matter - Council Property Cranebrook Village Shopping Centre              

191  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property Cranebrook Village Shopping Centre be received.

2.     Formal tenders be invited from:

·     Fabcot Pty Ltd (A subsidiary company of Woolworths Limited)

·     Benjcorp Pty Ltd (As trustees for Benjamin Group)

·     Dubel Pty Ltd

·     AusPacific Property Group Pty Limited.

 

3.    A further report be submitted to Council following the receipt of the tenders recommending a preferred tenderer.       

 

 


 

24      Commercial Matter - Council Property - Electricity Easement over Public Reserve, Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens                                                                                                                                             

192  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easement over Public Reserve, Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens be received.

2.     Council grant Integral Energy an Easement for Underground Cables 0.5 metres over Lot 258 DP 245691 Newham Drive and Lot 349 DP 246554 Summerfield Circuit, Cambridge Gardens.  Council accept compensation in the amount of $5,500 plus GST.

3.     Integral Energy bear all reasonable costs associated with the granting of the easements.

4.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

 

25      Commercial Matter - Council Property - Electricity Easements over Public Reserve, Lot 212 DP 817299, Paganini Crescent, Claremont Meadows.                                                     

193  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easements over Public Reserve, Lot 212 DP 817299, Paganini Crescent, Claremont Meadows. be received

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 5.5 metres over Lot 212 DP 817299 Paganini Crescent, Claremont Meadows.  Council accept compensation in the amount of $5,500 plus GST.

3.     Integral Energy bear all reasonable costs associated with the granting of the easements.

4.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

 


 

26      Commercial Matter - Road Closing, Lenore Lane, Erskine Park                                   

194  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Road Closing, Lenore Lane, Erskine Park be received.

2.     Council formally close the unnecessary section of Lenore Lane as indicated in the report through Fitzpatrick Investments Pty Ltd.

3.     Council close the excess section on the southern side of Lenore Drive as indicated in the report through GPT Re Ltd.

4.     Council transfer the closed section of Lenore Lane containing 8,447 square metres to the adjoining owner, Fitzpatrick Investments Pty Ltd as credit against future road dedication in accordance with the Erskine Park Employment Zone Section 94 Plan.

5.     Council transfer the closed southern section of Lenore Drive containing 415.3 square metres to GPT Re Ltd for consolidation with Lot 201 DP 1133028 as credit against future road dedication in accordance with the Erskine Park Employment Zone Section 94 Plan.

6.     Council release the temporary rights of carriageway once no longer required and removal of the temporary turning circles and reconstruction of the roadway/curb and gutter has been completed.

7.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

 

27      Commercial Matter - Easement to Drain Water over Lots 118 & 119, DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.  Owner:  Penrith City Council - Applicant:  Oen Zoan Castle Hill Investment Group                                                                                   

195  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Easement to Drain Water over Lots 118 & 119, DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.  Owner:  Penrith City Council - Applicant:  Oen Zoan Castle Hill Investment Group be received.

2.     Council grant an easement to drain water over Open Space land on Lots 118 and 119 DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park in favour of Lot 2 DP 214825 and Lot C DP 432667 at Nos. 67-69 Brisbane Street, Oxley Park.

 

 

3.     Payment of compensation by the applicant in the amount of $10,000 plus GST be required for the grant of the easement over Lots 118 and 119 DP 243599 and Lot 21 DP 714873, Braddon Street, Oxley Park.

4.     The applicant be responsible for all survey, legal and registration costs associated with the creation of the easement.

5.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation to effect registration of the easement.

 

 

28      Commercial Matter - Electricity Easements over Public Reserve - Lot 2092 DP 812223 Veronica Place, Glenmore Park                                                                                        

196  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Electricity Easements over Public Reserve - Lot 2092 DP 812223 Veronica Place, Glenmore Park be received.

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 6.5 metres over Lot 2092 DP 812223 Veronica Place, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

3.     Integral Energy bear all reasonable costs associated with the granting of the easements.

4.     Integral Energy provide additional landscaping in conjunction with Council’s Parks Department.

5.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

 

29      Commercial Matter - Council Property - Electricity Easements over Public Reserve - Lot 4252 DP 817380, The Carriageway, Glenmore Park                                                       

197  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Commercial Matter - Council Property - Electricity Easements over Public Reserve - Lot 4252 DP 817380, The Carriageway, Glenmore Park be received.

2.     Council grant Integral Energy an Easement for Padmount Substation 2.75 x 5.5 metres over Lot 4252 DP 817380, The Carriageway, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

 

 

3.     Council grant Integral Energy an Easement for Underground Cables 1 metre wide over Lot 4252 DP 817380, The Carriageway, Glenmore Park and Council accept compensation in the amount of $5,500 plus GST.

4.     Integral Energy bear all reasonable costs associated with the granting of the easements.

5.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

 

30      2008 - 2009 Borrowing Program                                                                                        

198  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the information contained in the report on 2008 - 2009 Borrowing Program be received.

 

 

32      Summary of Investments & Banking for the period 1 May 2009 to 31 May 2009        

199  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 May 2009 to 31 May 2009 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 May 2009 to 31 May 2009 be noted and accepted

3.     The graphical investment analysis as at 31 May 2009 be noted.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:02 pm.

 

 

20      2009 Local Government Association Conference                                                            

200  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on 2009 Local Government Association Conference be received.

2.     Councillors Ben Goldfinch, Marko Malkoc, Robert Ardill, Kevin Crameri OAM, Greg Davies, Karen McKeown, Kath Presdee, and any other Councillor that wishes to attend as an observer, be nominated as Council’s delegates to the 2009 LGA Conference to be held in Tamworth from 24 – 28 October 2009.

 

3.       Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2009 LGA Conference.

 

 

31      Making of Rates and Charges 1 July 2009 to 30 June 2010                                           

201  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Making of Rates and Charges 1 July 2009 to 30 June 2010 be received.

       2.       Ordinary Rate

       In accordance with Section 535 of the Local Government Act 1993, an ordinary rate named Residential ordinary in accordance with Section 543(1) of point four three two one four (.43214) cents in the dollar being ad valorem amount on the land value of all rateable land in the City categorised as residential under Section 493 and that an ordinary rate named Farmland ordinary of point two one six zero seven (.21607) cents in the dollar on the land value of all rateable land in the City categorised as farmland and that an ordinary rate named Business ordinary of point seven seven nine eight nine (.77989) cents in the dollar on all rateable land in the City categorised as business and that an ordinary rate being a subcategory of Business rate named Penrith CBD Rate of point eight nine five six five (.89565) cents in the dollar and that an ordinary rate being a subcategory of Business rate named St Marys Town Centre Rate of one point two zero five zero three (1.20503) cents in the dollar be now made for the period 1 July 2009 to 30 June 2010 subject to a minimum rate under Section 548(5) of six hundred and ninety five dollars and ten cents ($695.10) in respect of each separate parcel of land categorised as Residential and Farmland and that each separate parcel of land categorised as Business or as a subcategory of Business be subject to a minimum rate under Section 548(5) of the Local Government Act, 1993 of eight hundred and eighty nine dollars and forty cents ($889.40).

 

       3.       Service of Rate Notices

       The rate or charge for the 2009-10 rate year be levied on the land specified in a rates and charges notice by the service of that notice, and the General Manager be and is hereby authorised, to prepare and serve such notice for and on behalf of Council.

 

       4.       Charges

       The charges attached to the report to the Ordinary meeting on 29 June 2009, titled Making of Rates and Charges for 1 July 2009 to 30 June 2010, be made (see attachment).

 

      

 

       5.       Interest

       For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act, 1993, Council make the interest charge for 2009-10 nine (9.0) percent per annum.

 

       6.       Pension Rebate

       All eligible pensioners under Section 575 of the Local Government Act, 1993 be granted a rebate of 50% of the ordinary rate and domestic waste management service up to a maximum of $250.00 under Section 575(3) of the Local Government Act, 1993.

 

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Peppertree Oval, Erskine Park                                                                                

Councillor Tanya Davies requested a memo reply to all Councillors concerning the need for significant repair and maintenance works to Peppertree Oval, which is heavily used by the St Clair Junior Rugby League Club,  and also requesting an update on the possible use by the club of the ‘Jam Factory’ site.

 

QWN 2      Thanks from Sporting Groups                                                                                  

Councillor Tanya Davies passed on thanks from Colyton/St Clair Little Athletics for improvements made to Saunders Park, and from St Clair Junior Rugby League Club for the laying of asphalt driveway and footpath at Peppertree Oval, enabling ambulance access.

 

QWN 3      EFTPOS Facility - Penrith Railway Station                                                             

Councillor Ben Goldfinch requested an urgent report to Council on the matter of the non-functioning EFTPOS facility at Penrith Railway Station, seeking Council’s assistance in expediting the process of having the machine installed.  Councillor Goldfinch also requested that a letter be sent to the Minister for Transport, in this regard.

 

QWN 4      Dog Off Leash Area in Penrith LGA                                                                       

Councillor Robert Ardill requested a memo reply to all Councillors providing details of dog off leash areas in the Penrith LGA, and particularly in St Clair, with a view to possibly upgrading some of the areas or providing more stringent maintenance.

 

QWN 5      Llandilo Hall - Provision of Skip                                                                              

Councillor Kevin Crameri OAM previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in this item as he is the Public Officer of the Llandilo Hall Committee.

 

 

 

Councillor Ross Fowler OAM requested that an amount of $400 be allocated from North Ward voted works to the provision of a skip for rubbish removal as a result of recent renovations to the Llandilo Hall.

202  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

203  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that an amount of $400 be allocated from North Ward voted works to the provision of a skip for rubbish removal as a result of recent renovations to the Llandilo Hall.

 

QWN 6      Intersection of Mt Vernon Road and Capitol Hill Road, Mt Vernon                    

Councillor Greg Davies requested that the matter of lighting of the intersection of Mt Vernon Road and Capitol Hill Road, Mt Vernon be referred to the Local Traffic Committee for investigation.

 

QWN 7      Coachmans Park, St Marys                                                                                     

Councillor Greg Davies requested a memo reply to all Councillors requesting that Coachmans Park, St Marys be made an alcohol free zone, if it has not been already, and seeking suggestions as to safety improvements in this location. 

 

QWN 8      DCP requirements - Softspace Landscape                                                              

Councillor Greg Davies requested a report to the Policy Review Committee concerning the classification of rules regarding DCP requirements for 60% softspace landscape.

 

QWN 9      Fair Trade Accreditation                                                                                          

Councillor Greg Davies requested a report to the Policy Review Committee regarding the possibility of Penrith City Council becoming Fair Trade accredited.

 

QWN 10    Rural Fire Service Annual Ball                                                                                

Councillor Kevin Crameri OAM requested that an amount of $500 be allocated, in equal amounts from each Ward’s voted works, to purchase a table at the Annual Rural Fire Service Ball to be held on 15 August 2009 at St Marys Band Club.

 

204  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

205  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that an amount of $500 be allocated, in equal amounts from each Ward’s voted works, to purchase a table at the Annual Rural Fire Service Ball to be held on 15 August 2009 at St Marys Band Club.

 

QWN 11    Road Pavement Failures - Llandilo                                                                          

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning road pavement failures outside Xavier College, and in Ninth Avenue, Second Avenue, and the Llandilo area generally, and seeking urgent attention to these road pavements.

 

QWN 12    Removal of Tree in Granary Lane, Werrington Downs                                         

Councillor John Thain requested a memo reply to all Councillors concerning a tree growing in the rear of Granary Lane, Werrington Downs, which sheds excessive amount of leaves, affecting the amenity of residents, and requested that this tree be removed.

 

QWN 13    Skateparks in Penrith LGA                                                                                      

Councillor John Thain requested a report to Council to consider holding a local competition for resident skateboard, scooter and BMX bicycle riders.

 

QWN 14    Public Exhibition of Development Applications                                                       

Councillor Karen McKeown requested a report to the Policy Review Committee concerning the exhibition of contentious development applications over the Christmas period and suggesting exhibition times that do not conflict with the Christmas/New Year period.

 

QWN 15    Community Gardens                                                                                                 

Councillor Kath Presdee requested a report to Council on the viability of establishing community gardens which would allow for residents, school and community groups to participate in growing trees, flowering plants and/or vegetables.  Also, seeking information on similar schemes which currently exist in Australia and the UK and which could potentially be established in the Penrith LGA.

 

QWN 16    NSW Community Building Partnership Fund                                                          

Councillor Prue Guillaume requested an urgent report to the Policy Review Committee (or a Councillor briefing) detailing possible projects that Council may apply for as part of the NSW Community Building Partnership Fund, announced recently in the NSW State Budget.

 

QWN 17    Footpath – Great Western Highway, St Marys                                                      

Councillor Greg Davies requested a memo reply to all Councillors following inspection of the footpath on the southern side of the Great Western Highway at St Marys, from Monfarville Street to Hewitt Street .

 

 

 

 

Committee of the Whole

 

206  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:25 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Marko Malkoc seconded Councillor John Thain that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Leadership and Organisation

 

2        Commercial Matter - Council Property - Leasing of 118 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.

 

3        Commercial Matter - Council Property - Lease of Suite 4 at 134 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.

 

 

The meeting resumed at 9:29 pm and the General Manager reported that the Committee of the Whole met at 9:25 pm on 29 June 2009, the following being present

 

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch,  Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee 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

 

2        Commercial Matter - Council Property - Leasing of 118 Henry Street, Penrith            

RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Robert Ardill

CW2 That:

1.     The information contained in the report on Commercial Matter - Council Property - Leasing of 118 Henry Street, Penrith be received.

2.     Council grant a 3 year lease with a 3 year option to Rivers (Australia) Pty Ltd in accordance with the terms and conditions outlined in the report.

3.     The Common Seal of the City of Penrith be placed on all necessary documentation.

 

 

3        Commercial Matter - Council Property - Lease of Suite 4 at 134 Henry Street Penrith

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch

          CW3 That:

1.     The information contained in the report on Commercial Matter - Council Property - Lease of Suite 4 at 134 Henry Street Penrith be received.

2.     Council grant a 3 year lease to Terence Tung-Yep trading as Advanced Natural Therapy in accordance with the terms and conditions outlined in the report.

3.     The Common Seal of the City of Penrith be placed on all necessary documentation.

 

ADOPTION OF Committee of the Whole

 

207  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Greg Davies that the recommendation contained in the Committee of the Whole and shown as CW 1, CW2 and CW3 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 9:30 pm.

 

 

I certify that these 30 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 29 June 2009.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date