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.

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.

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.

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.

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.

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.

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:

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:

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:

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

3.2       Hydraulic plans prepared by United Consulting Engineers

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:

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:

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.

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.

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.

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.

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.

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.

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.

Ordinary Meeting

20 July 2009

A Vibrant City

RECOMMENDATION

That the Mayoral Minute on Launch of Aboriginal Women's Art Project be received.

Ordinary Meeting

20 July 2009

A City of Opportunities

APOLOGIES

Apologies were accepted from Councillor Guillaume, Michael Morris and Roger Nethercote.

CONFIRMATION OF MINUTES - Access Committee Meeting – 1 April 2009

The minutes of the Access Committee Meeting of 1 April 2009 were confirmed.

RECOMMENDED

That:

1.     The information contained in the report on International Day for People with Disability 2009 (IDPWD) be received.

2.     Discussions continue with the Penrith Regional Gallery and other potential partners on the proposed celebrations for IDPWD 2009.

2        Penrith Swim Centre Improvements                                                                                  

Andrew Robinson spoke to the report and advised that construction at the Penrith Swim Centre has commenced.  The major work at the Quarterdeck has been completed.  The kitchen is in the final stage of completion.  Signage will be organised at the end of the project.

Andrew Robinson expressed appreciation for the purchase of the pool hoist.  Ben Felten informed the meeting that the Teal Pool Hoist is the kind which is used in the hydrotherapy pool.  It is an electric pool hoist rated at 190kg.  The hoist is portable and will be stored in the shed and brought out when needed.  Some accessories will be purchased including one which will aid someone requiring a neck support.

Andrew Robinson invited the Committee members to come to the Penrith Pool when the works are completed.  An Open Day will be held in October as part of Active Penrith month.

Other issues discussed included:

·    seating arrangements outside the Quarterdeck

·    accessible toilets

·    works should be completed by the end of July

·    promotion of the Penrith Pool disability access on the Access Maps and Council’s website

·    suggestion to hold an Access Committee meeting at the Quarterdeck or undertake a tour of the Penrith Pool

·    highlighting the new Penrith Pool facility as part of IDPWD.

Glen Tuckwell advised that the changeroom is still in the design stage.  A recognised consultant has been engaged to assist with design and come up with a best practice facility to accommodate people with different types of disabilities.

Ben Felten reiterated that the Penrith Pool facility will be completely accessible for people with a disability.  A person can arrive at the pool in their wheelchair, attach the harness and use the pool hoist to access the pool.  There will be wet chairs available to transfer to.  The newly designed changeroom/toilet will be unique.  A shower is planned for the new changeroom as well as a change table and a sluice.  A sling mounted electric hoist is also proposed to enable transfer from the toilet to the shower or change table. It is proposed to promote this new facility widely.

RECOMMENDED that the information contained in the report regarding project progress to upgrade facilities at the Quarterdeck and Penrith Pool be received.

3        Master Locksmith Access Key (MLAK) Scheme                                                           

Ben Felten outlined the background history of the MLAK Scheme and the proposed procedures for its implementation in Penrith.

Council has been working with PDRC in developing procedures and policy documents.  PDRC will manage the scheme and maintain a database of key holders.

Application forms will be available from the PDRC office and website and Council offices.  Applicants will require a letter from their doctor.  Keys will be obtained from Locksmiths who are members of Multilocksmiths of Australia at the cost of $14.  The key can be used anywhere in Australia.

An MLAK scheme sign has also been designed which is compliant, tactile and includes pictures.

It is anticipated that the MLAK scheme will be launched in August or September with the new accessible toilet module being built at Werrington Lakes

RECOMMENDED that the information contained in the report on Master Locksmith Access Key (MLAK) Scheme be received.

4        Development Application Referral to the Access Committee                                         

DA09/0163                   Proposed Fitout and Use of Fun Park, Blaikie Road, Jamisontown

Peter Wood spoke to the memo which was sent out regarding the old golf driving range and proposed fun park.  He advised that:

·    no new building works are proposed

·    the existing area delineated by the golf driving range will be used for the development

·    jumping castles, blow-up slides, mini putt-putt and obstacle courses will be installed

·    currently there are two accessible parking spaces for 43 car spaces

·    there is ramp entry to ground floor areas and accessible entry to the outside area

·    the first floor area is a training room and office areas.

Steve Barratt advised that officers would be undertaking a site inspection next week to check the building regarding fire safety and accessible compliance.  The application is at rough DA stage at this time.  Only the ground floor of the building is proposed to be altered.  A proposed hippo slide will be seven metres high.

Peter Wood also advised that:

·    the site is fairly level

·    the toilet facilities are on the ground floor

·    seating areas will be provided for parents and guardians to view the children

·    there is existing approval for the use of the building for putt-putt golf and party rooms.

Issues considered by the Committee include:

·    what opportunities exist for the first floor to be more accessible

·    provision of first aid facilities

·    the timeframe for the project

·    requirements for fencing of dams

·    provision of further carparking for buses and disabled groups.

Steve Barratt suggested bringing a brief report or memo back to the Access Committee to advise of any extra inclusions in the plans.

RECOMMENDED that an Access Report be sought from an accredited consultant for the proposed fitout and use of the Funpark at Blaikie Road, Jamisontown.

The Committee held a supper break at 6.00pm.

Andrew Robinson left the meeting at 6.05pm.

The meeting recommenced at 6.06pm.

DA09/0361                   Refurbishment of Existing McDonalds Restaurant, Emu Plains

Peter Wood spoke to the report and advised:

·    the request is to include a McCafe in the restaurant

·    Murray Mountain has advised that every McDonalds in Australia will be DDA compliant

·    main changes are to the area at the northern aide of the restaurant

·    the playland will be moved outward

·    additional seating will be installed on the Russell Street side

·    amenities are to be upgraded with an airlock

·    proposed new crossing line from Russell Street

·    widening for loading bay area for drive-thru

·    the applicant has been asked to look at the blade wall which comes out to the street edge.

Issues considered by the Committee include:

·    possibility of ramping the pedestrian crossing

·    installation of a urinal or sluice in the disabled toilet

·    change table

·    installation of Jayso or swing doors.

DA09/0401                   Proposed Great River Walk

Peter Wood advised that the proposed Great River Walk Stage 4 is located between the M4 Bridge and Victoria Bridge, a large section on Emu Plains side of the river.  The proposal is for works on the upper and lower banks.  A 2.5m shared pathway/cycleway is proposed from the M4 Bridge to the existing footpath joining Regatta Park; a pedestrian way from the Regatta Park carpark to the Victoria Bridge along the river bank; upgrade of path surfaces and provision of seating and lookout areas.

Peter Wood also advised that:

·    a pre-lodgement meeting has been held – Council is the applicant

·    at this stage accessible paths are limited to the upper section

·    Victoria Bridge stairs will not be accessible.

The Committee held a discussion around the use of the pathway shared with pedestrians and cyclists.

The Committee also discussed:

·    provision of shelter along the path

·    proposed seating

·    interpretive and signage locations.

RECOMMENDED that the information contained in the report on Development Application Referral to the Access Committee be received.

GB 1          Nepean Private Hospital (GB4 1 April 2009)

John Farragher enquired if there was any further information regarding the carpark at Nepean Private Hospital.

Vanessa Muscat advised that as it is a private carpark Council can request but not enforce changes to occur.  She suggested that it may be preferable for the Access Committee to write to the local member.

Steve Barratt undertook to investigate the ownership of the land and ascertain the appropriate body to write to.  Erich Weller advised that this action would be undertaken before the next meeting.

Sherille Stephens also expressed concern regarding the Nepean Private Hospital carpark and the dangerous traffic conditions especially for people in wheelchairs.  Ronda Hopkins agreed that the area was dangerous.

Erich Weller reiterated that the matter would be minuted and information brought back to the Committee.   

GB 2          Access to Commercial Premises (Item 2 1 April 2009)

John Farragher enquired if letters had been sent to WSROC and member councils regarding a tax incentive for the provision of access to commercial premises.

Erich Weller advised that letters had been sent to WSROC and member councils with a copy of John Farragher’s submission attached.  Other councils were encouraged to make a similar submission.

Ben Felten advised that a submission was also sent to the AFTS Secretariat at the Treasury.            

GB 3          Information concerning Arts and Crafts for People with Disabilities                     

Ronda Hopkins requested information about arts and crafts for disabled people in the Penrith area.

Some suggestions were:

·    the arts and crafts studio at the Penrith Valley Cultural Precinct in St Marys

·    Council’s neighbourhood centres

·    PDRC Social Group is establishing a craft/arts group

·    to contact Lewers Gallery.

Erich Weller agreed that an email would be sent to all Committee members with information regarding arts and crafts in the Penrith LGA.

GB 4          Nepean Disability Social Group                                                                               

Sherille Stephens informed the Committee that the Nepean Disability Social Group has secured a room at the back of Penrith PCYC.  The room is being furnished and will be open three days a week from September.  Equipment purchased includes a barbecue, table tennis table, computer and printer.  It is hoped to also purchase a bar fridge and urn.  There is a volunteer helping run the group which plans to include arts and crafts, guest speakers and archery.

Sherille Stephens advised that a competition team will play tenpin bowling every second fortnight and requested information as to the nearest bowling alley.

GB 5          Cover Design for Access Committee Business Paper (GB2 1 April 2009)           

Tricia Hitchen enquired about the front cover of the business paper for the June Access Committee meeting.

Vanessa Muscat apologised for not organising the picture for the front of the business paper and advised that she had unfortunately been away from work.

Ben Felten said that a photograph has been organised for the cover of the next business paper.

GB 6          Penrith Council Wall of Achievement Award Nominations                                    

Ben Felten advised that nominations are being sought for the Penrith Council Wall of Achievement at present and of particular interest is the Carer Award.  He asked members to think about the carers in our community. 

Ben Felten advised he had distributed some information through the Disability Forum and also passed some information to PDRC.

Erich Weller advised that the information on the application does not need to be in great detail.  The criteria should be answered with a history going back about five years.

Joe Ibbitson handed out some information regarding the Wall of Achievement awards.  Ben Felten undertook to email committee members.

GB 7          Disability Sport and Physical Activity Forum                                                          

Joe Ibbitson informed the meeting that the Disability Sport and Physical Activity Forum was held on 2 June 2009.  He said there were some very positive outcomes and a lot of information which is being documented by the NSW Sport and Recreation.  Approximately 60 people attended the evening.

Tricia Hitchen asked if the report from the Forum could be forwarded to members when it is received.

GB 8          Disability Parking Permit Scheme

Joe Ibbitson advised that the Disability Parking Permit Scheme is currently under review.

Joe Ibbitson advised that there is discussion regarding the parking permit scheme on the FACSIA website.  Consultations will be held around all states and territories.  The NSW consultation is 6.00pm to 8.00pm on 19 June 2009.  The details of the consultation venue are not being given out prior to registration and no fact sheet has been received yet. 

Joe Ibbitson requested that members respond to the submission and look at the website.  Submissions close on 19 July 2009.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 June, 2009 be adopted.

Ordinary Meeting

20 July 2009

A Liveable City

APOLOGIES

His Worship the Mayor Councillor Jim Aitken OAM; Councillor Karen McKeown; Councillor Jackie Greenow; Councillor Kaylene Allison; Alison Pearson, Penrith City Council; Lisa Jenner, Penrith City Council; Tracy Leahy, Penrith City Council; Jeni Pollard, Penrith City Council; Julie Passau, Penrith Local Area Command; Susan Page, Glenmore Park Action Group; Wendy Herne, St Clair- Erskine Park Community Safety Association Inc.

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 25 March 2009

The minutes of the Penrith Valley Community Safety Partnership Meeting of 25 March 2009 were confirmed.

1        Penrith Valley Community Safety Plan 2007-2011 - Key Area Strategy Development 

1        Update on NSW Attorney General’s Crime Prevention Funding Projects

Jane Street Car Park CPTED Project

Allison Kyriakakis advised that Council was successful in receiving $64,000 funding from the NSW Attorney General’s Department under the Crime Prevention Grants Program for the Jane Street Car Park CPTED Project.

The project is in partnership with RailCorp and involves implementing a number of CPTED treatments and physical upgrades to reduce the number of steal from motor vehicles and motor vehicle theft at the eastern end of the Jane Street car park.

Plate Safe Program

Allison advised that $19,445 has now been received for the Plate Safe Program under the NSW Attorney General’s Department Crime Prevention Grants Program.

The project involves fitting anti-theft number plate screws to motor vehicles over a number of designated sessions at advertised car parks in the Penrith LGA.

2        CCTV upgrades in the Green space

Allison advised that Council will be installing additional CCTV cameras within the green space located between the Joan Sutherland Performing Arts Centre and Westfield Penrith Plaza.

The upgrade of the CCTV system will assist to deter incidents of malicious damage and antisocial behaviour and assist Police with identifying and detecting offenders in the green space. This system will be managed by Community Safety staff as part of Council’s Public Spaces CCTV Program.

Allison advised that a working group currently meet on a bi-monthly basis to discuss issues occurring in the green space. Allison further advised that a funding application was submitted two months ago under the Proceeds of Crime Act Grant Scheme for the Green Space Engagement Project. To date there has been no feedback on the status of this funding.

Kristy Williams advised that Penrith Youth Interagency is hosting a Youth week event called The Mondo, 18 June 2009 from 4:00pm-7:00pm in the Green space. Allison advised that the event will consist of a temporary tattooist, horizontal bungee jump, face painting, jumping castle and information stalls.

Jack McLeod enquired if the Green space is still experiencing large numbers of loitering. Linda Baumgartner responded that there are still groups of young people gathering in the green space and that Police have a regular presence in the space, particularly on Thursday nights.

3       Update on the Warner Group Graffiti Education Program

Allison advised that the Graffiti Education Program delivered by Warner Group is progressing well. 95 sessions have been delivered to local primary and secondary schools, and another 87 sessions are scheduled to be delivered by the end of June 2009.

Positive feedback has been received from participating schools. The Western Weekender recently promoted the program with an article published, “Stopping The Spray”, Friday 22 May 2009. The program encourages young people to think about the consequences of

graffiti and the impact it has on the community.

Anthony Holton advised that the Graffiti Education Program was discussed at the Principals Forum. Principals advised that students engaged with the delivery of the program and participated well.

Allison advised that a number of local councils have contacted Council requesting information on the Warner Graffiti Education Program and have commended Penrith City Council on their initiative.

Allison advised that the Penrith Adolescent Centre are scheduled to receive the Graffiti Education Program. Anthony advised that this was a great step in reaching the target age group.

Anthony asked if the program is being delivered to non government organisations. Allison advised that the program is offered to educational organisations, including primary and secondary schools.

4       Update on Alcohol Free Zones and Alcohol Free Areas

Allison advised that all Alcohol Free Zones and Alcohol Free Area signage will be installed and completed by the end of June 2009. Once all the signage has been installed Penrith and St Marys Police will be notified.

Allison advised that maps will be made available on Council’s website upon final installation of signage to advise the community of locations of both Alcohol Free Zones and Alcohol Free Areas.

Ray Filewood suggested publishing a public notice on Alcohol Free Zones and Alcohol Free Areas with details on enforcement times and dates and penalties applied one week prior to the official implementation.

Anthony suggested information brochures be distributed amongst the community to inform them of Alcohol Free Zones and Alcohol Free Areas. Allison advised that Council has developed brochures to help assist and educate the community about Alcohol Free Zones and Alcohol Free Areas in the Penrith LGA. These brochures include information on definitions, legislation, aims of the signage, enforcement and penalties and the difference between the signage.

Ben Feszczuk advised that there are new changes to legislation. Council Officers can now been given the power to confiscate alcohol in designated alcohol free zones from persons who are seen consuming alcohol in designated alcohol free zones.

A meeting will be arranged between the two Local Area Commands and Council Officers to further discuss this matter.

5        St Marys Rotary Club Presentation of Graffiti Minimisation Strategy

Allison advised that Community Safety staff attended the St Marys Rotary Club meeting on Tuesday 9 June 2009 to deliver a presentation of Council’s City Wide Graffiti Minimisation Strategy. The presentation included a PowerPoint presentation covering the three key elements of the strategy, education, prevention and removal and the current strategies in place to reduce the levels of graffiti across the LGA.

6        Pedestrian Laneways- update on proposed closures and upgrades

Proposed Laneway Closures

Allison advised that Rodley Lane, Penrith; Vista Lane, Penrith; McCartney Lane, St Clair; Morningbird Lane, St Clair and Ball Lane, Colyton are under review and have been proposed for physical closure with gates proposed to be installed at either end in accordance with Council’s adopted procedure.

Closure of open land between Diamantina Close and Reddington Avenue, St Clair

Allison advised that Council continues to investigate the proposed closure of open land between Diamantina Close and Reddington Avenue, St Clair as residents are experiencing incidents of anti social behaviour and malicious damage in the area. Residents also continue to seek Council support to consider physical closure of this land in the short term and eventual reclassification.

Council engaged a contractor to conduct pedestrian counts to examine the level of pedestrian usage and peak times of usage. Local Police have also assisted in providing statistics on incidents that have been reported in the area over a period of time.

Allison also advised that a report is being drafted for Council detailing the issues and supporting evidence for closure.

Pedestrian laneway upgrades

Allison advised that works are still continuing to improve the amenity and safety of a number of pedestrian laneways that have not been deemed suitable for physical closure. Works include the installation of new style bollards to deter trailbikes. Other works include improved lighting and general maintenance to improve the safety and amenity for pedestrian access.

Yvonne Perkins advised that residents from St Clair are reporting a number of issues regarding trailbikes. Yvonne further advised that Lukes Lane, St Clair has recently undergone an audit which identified a number of upgrades to be implemented. Ben Feszczuk advised that Cranebrook has the highest incidence of trailbike reports in Penrith. However, Emu Plains and Erskine Park also show high reports of trailbikes in laneways.

7       Stop Domestic Violence Day - Family Fun Day event - 3 December 2009

Allison advised that the Nepean Domestic Violence Network will be hosting a Family Fun Day in support of Stop Domestic Violence Day on the 3 December 2009 from 3:30pm-7:00pm in the green space between Council, Westfield Penrith and the Joan Sutherland Performing Arts Centre. The event aims to provide information and education on domestic and family violence by engaging with the community through a range of activities including face painting, an animal farm, a jumping castle, temporary tattooist and information stalls.

Allison advised that the Network is seeking interest from a range of government and non government agencies to host an information stall or contribute to the event.

RECOMMENDED that the information contained in the report on Penrith Valley Community Safety Plan 2007-2011 - Key Area Strategy Development be received.

GB 1          Regatta Centre Dance Party                                                                                    

Gladys Reed raised the matter of the upcoming Devcon Dance Party to be held at the Regatta Centre in September 2009 including concerns about people drifting into the CBD at the end of the event.

Up to 15,000 people are expected to attend the event. Ben Feszczuk advised that organisers will be paying to use police services with the ratio of police officers of 1 to every 1000 people in attendance.

A general discussion took place regarding the upcoming event and Gladys advised that she would be making formal representations on behalf of the Penrith City Centre Association regarding the perceived negative impact on the Penrith CBD at the conclusion of the event. 

GB 2          Evaluation of Town Terrace, Glenmore Park                                                          

Mary Cook asked if Council could conduct an assessment of Town Terrace, Glenmore Park. Residents have raised concerns as to whether this road can be closed. Children run on the road, trolleys are abandoned and it is dangerous for both drivers and pedestrians. David Burns advised Mary to write a letter on behalf of the Glenmore Park Action Group outlining the issues and this will be forwarded to the Traffic Committee for investigation.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 10 June, 2009 be adopted.

Ordinary Meeting

20 July 2009

A Liveable City

APOLOGIES

Councillor Jackie Greenow.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 June 2009

The minutes of the Local Traffic Committee Meeting of 1 June 2009 were confirmed.

1        Belmore Street Temporary Carpark - Proposed Extension to Opening Hours              

RECOMMENDED

That:

1.     The information contained in the report on Belmore Street Temporary Carpark - Proposed Extension to Opening Hours be received.

2.     The car park opening hours be extended to 8.00am to 10.00pm.

3.     The Roads and Traffic Authority be requested to approve the installation of ‘No Right Turn’ signage and extension of the centre concrete median on Belmore Street to restrict traffic movements at the car park to left in/left out only.

4.     Subject to Roads and Traffic Authority approval, the project for a centre concrete median on Belmore Stree t be entered into Council’s Traffic Facility Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co-ordinator be requested to investigate options for the median island, and a further report be submitted to the Local Traffic Committee for consideration and endorsement of the plan.

5.     The location be monitored for six months following installation of the right‑turn ban and extension of the carpark opening hours and any further issues be referred back to the Local Traffic Committee.

2        Glebe Place, Penrith - Proposed Restricted Parking Area Scheme Outside Governor Phillip Nursing Home                                                                                                                     

RECOMMENDED

That:

1.     The information contained in the report on Glebe Place, Penrith - Proposed Restricted Parking Area Scheme Outside Governor Phillip Nursing Home be received.

2.     The proposed Restricted Parking Area Scheme concept design plan be finalised and endorsed for installation.

3.     The Scheme be reviewed six months after installation and the results of the review be discussed with Sydney West Area Health Services with the view to increasing vehicle parking on-site.

4.     The existing parking restrictions in Glebe Place ad Springfield Place remain unchanged.

5.     The existing ‘No Stopping’ parking restrictions in Gascoigne Street across the driveway access to Governor Phillip Nursing Home be endorsed.

6.     Residents who objected to the Scheme and Sydney West Area Health Service be advised of Council’s resolution.

3        Traffic Calming Devices Audit - Review of Existing Facilities                                        

RECOMMENDED

That:

1.     The information contained in the report on Traffic Calming Devices Audit - Review of Existing Facilities be received.

2.     The Committee note the information provided in the report.

3.     Blister islands on St Clair Avenue, St Clair be removed from all locations, with the installation of rumble bars or similar where driver behaviours need to be regulated.

4.     A rollout program and funding options be considered by Council’s City Works Department to replace the existing speed cushions on St Clair Avenue, St Clair with ‘Watts Profile’ speed humps.

5.     The existing traffic calming devices on Surveyors Creek Road, Glenmore Park be assessed and restored to their original condition, eg, rumble bars, linemarking etc.

6.     The existing traffic calming devices on Melbourne Street, Oxley Park be assessed and restored to their original condition, eg, signage, linemarking etc.

7.     Additional ‘50’ km/h signs and ‘50’ linemarking be installed where required on approaches to the traffic calming device on Explorers Way, St Clair.

8.     Council’s Design Section be requested to reassess the current design of the traffic calming device on Explorers Way , St Clair to increase the vehicle deflection with the view of decreasing vehicle speeds.

9.     Council’s Design Section be requested to reassess the current design of the traffic calming device on John Oxley Avenue, Werrington County to increase the vehicle deflection with the view of decreasing vehicle speeds.

10.   NSW Police be requested to conduct regular patrols of Melbourne Street, Oxley Park and Surveyors Creek Road, Glenmore Park.

4        Evan Street, South Penrith - Proposed Extension of Existing 'No Stopping' Restrictions       

RECOMMENDED

That:

1.     The information contained in the report on Evan Street, South Penrith - Proposed Extension of Existing 'No Stopping' Restrictions be received.

2.     Consultation be conducted with York Primary School regarding the proposed extension to the ‘No Stopping’ restrictions, with any substantial objections being referred back to the Local Traffic Committee.

3.     Subject to no substantial objections being received, an additional 37m of ‘No Stopping’ be provided on the eastern side of 222 Evan Street outside York Primary School carpark, to the north of the existing ‘No Stopping’ signage.

4.     Penrith City Council Rangers be advised of the modifications.

5        Woodlands Drive, Glenmore Park - Speeding Vehicles                                                   

RECOMMENDED

That:

1.     The information contained in the report on Woodlands Drive, Glenmore Park - Speeding Vehicles be received.

2.     The provision of traffic calming devices not be supported in Woodlands Drive, Glenmore Park.

3.     The provision of a marked pedestrian crossing or pedestrian refuge near ABC Childcare Centre not be supported.

4.     All affected residents be consulted regarding the proposed improvements in Woodlands Drive, Glenmore Park.

5.     Subject to no substantial objections from affected residents, the following works be implemented:

a.   All street trees in Woodlands Drive shall be under pruned and all leaves removed to a minimum height of 1.5 m from ground level to improve sight distance for vehicles reversing out of driveways

b.   The existing roundabout at the intersection of Woodlands Drive and Oriole Street be upgraded with roundabout signs on the islands and double-barrier lines on approaches to all blister islands at a desirable length on 20m (subject to community consultation)

c.   Approximately 85m of BB lines be installed on Woodlands Drive from the existing linemarking near house number 3 to the existing linemarking at the bend near house number 8, with a gap to be provided at the intersection of Linara Circuit.

d.   Approximately 30m of BB lines be installed on Woodlands Drive from the existing linemarking near house number 66, extending south.

e.   Approximately 65m of BB lines be installed on Woodlands Drive from the existing splitter island at the roundabout at the intersection of Woodlands Drive and Oriole Street, extending north.

f.    Approximately 100m of BB lines be installed on Woodlands Drive from the existing splitter island at the roundabout at the intersection of Woodlands Drive and Oriole Street, extending south to Thornbill Crescent.

g.   Approximately 70m of BB lines be installed on Woodlands Drive from Thornbill Crescent, extending north to the common boundary of 13-15 Woodlands Drive.

h.   Approximately 20m of BB lines be installed on Woodlands Drive from the existing linemarking near house number, 3 extending south

6.     Flexible lane dividers be provided along the existing BB lines at the existing ‘Bus Stop’ and shelter near number 66, for a distance of 40m.  Subject to further investigation by Council’s Traffic Section, flexible lane dividers be provided at other existing bus stops in Woodlands Drive if warranted.

7.     The Childcare Centre at 66 Woodlands Drive be requested to signpost the southern driveway as “Entry Only” and the northern driveway as “Exit Only” and relocate their advertising sign.

8.     NSW Police be requested to provide speed enforcement on Woodlands Drive for its full length, together with patrols of the roundabout at Woodlands Drive and Oriole Street regarding burnouts and loud stereos.

9.     Council’s Speed Alert Mobile unit be tasked to Woodlands Drive on a rotating period over the next twelve months.

6        Mulgoa Road, Spencer Street & School House Road, Regentville - Proposed Intersection Upgrades                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Mulgoa Road, Spencer Street & School House Road, Regentville - Proposed Intersection Upgrades be received.

2.     The Committee note the information.

7        Alpine Circuit, Dutch Place, Mint Close,  St Clair - Proposed Provision of 'Give Way' Treatments                                                                                                                          

RECOMMENDED

That:

1.     The information contained in the report on Alpine Circuit, Dutch Place, Mint Close,  St Clair - Proposed Provision of 'Give Way' Treatments be received.

2.     ‘Give Way’ treatments be implemented at the intersections of Alpine Circuit with Dutch Place and Mint Close, and TB holding lines be positioned for the northbound approaches in Dutch Place and Mint Close.

8        Mamre Road, Lonsdale Street & Wilson Street, St Marys - Proposed Provision of Right-Turn Ban                                                                                                                             

RECOMMENDED

That:

1.     The information contained in the report on Mamre Road, Lonsdale Street & Wilson Street, St Marys - Proposed Provision of Right-Turn Ban be received.

2.     The Roads and Traffic Authority be requested to investigate a peak hour ‘No Right Turn’ restriction from Mamre Road into Wilson Street and/or Lonsdale Street, with a Traffic Management Plan produced detailing flow-on effects for other side streets off Mamre Road.

3.     The Roads and Traffic Authority be requested to upgrade the intersection of Mamre Road, Lonsdale Street and Wilson Street to traffic signals to alleviate the current high accident rate.

4.     Councillor Tanya Davies be advised of Council’s resolution.

9        Carsons Lane, St Marys - Proposed Parking Restrictions                                              

RECOMMENDED

That:

1.     The information contained in the report on Carsons Lane, St Marys - Proposed Parking Restrictions be received.

2.    The existing 60m of full-time ‘No Stopping’ restrictions the northern side of Carsons Lane be approved and the existing 85m of full-time ‘No Stopping’ restrictions on the southern side of Carsons Lane be approved.

3.    The existing ‘No Parking” signs in Carsons Lane be removed.

4.   General linemarking and stencilling (directional arrows and “park smarter” logos) in the car park be rejuvenated.

5.   Council’s Co-ordinator Ranger Services be advised of the Committee’s recommendations.

6.   Council convert the existing two disabled parking spaces at the southern end of the carpark to three standard parking spaces.

GB 1          DEFQON.1 – Music Festival, Sydney International Regatta Centre (SIRC) – Saturday 19 September 2009  (Raised Council)                                                                                        

Council has received a request from Event and Sports Projects Australia Pty Ltd (ESPA) for approval to hold the DefQon.1 music festival event on Saturday 19 September 2009 at the SIRC.  The event is proposed to commence at 11:00am and conclude at 10:00pm (egress 9:00pm to 12 midnight).

DefQon.1 is a dance festival which originates from the Netherlands.  The event has been held there since 2003 and attracts crowds of over 40,000 people.  It is proposed to hold DefQon.1

 in Australia for the first time at the SIRC.  This event is expected to attract 15,000 people aged between 18 and 26.

Council’s City Marketing Supervisor has advised that the event has not formally been endorsed by Council.  It is currently unclear if the applicant is seeking to use the existing consent for 10,000 attendees under a standing Department of Planning consent for concerts, or if the applicant will have to apply for a new consent.  The applicant has proposed that the Local Traffic Committee consider the submitted Traffic Management Plan for the event and endorse it, subject to the necessary approvals for the event being in place.

The majority of patrons attending the event are expected to travel by train as a train and bus ticket is included in the event ticket price, with a small portion (approximately 1,500 cars) expected to drive and park at the venue.  Patrons who wish to drive will have the option of pre-purchasing the parking at a discounted rate before the event or at a higher price at the gate.

Patrons who have driven to the event will park in the SIRC carparks P3-P6.  At the conclusion of the event, vehicles will be asked to leave SIRC via gate E and exit via McCarthys Lane onto Castlereagh Road and left into Andrews Road.  Vehicles heading to Richmond/Windsor can turn left at the Castlereagh Road/McCarthys Lane intersection.

Those who travel by train will be able to utilise a shuttle bus service between Penrith Station and the venue.  It is expected that 25 buses will be required for ingress from Penrith Station to the venue.  Further, it is expected that 50 buses will be required for the egress of the event in order to move over 10,000 patrons back to Penrith Station.  Additionally, the event shuttle bus will continue to operate throughout the day and into the evening to cater for patrons who leave the event early.  Buses will take approximately two minutes to load and one minute to unload.  It is expected that each bus will be able to make three trips per hour between SIRC and Penrith Railway Station.

The route from Penrith Station to SIRC is proposed as exit Penrith Railway north side commuter carpark, left onto Coreen Avenue, turn right onto Castlereagh Road at roundabout, left into Lugard Street at traffic signals, right into Leland Street, left into Old Castlereagh Road and right into Gate A SIRC.

Egress from the site is proposed to exit from Gate C, left onto Old Castlereagh Road, right onto Castlereagh Road at roundabout (this movement will have priority over vehicles exiting the site as they will be exiting at McCarthys Lane), left into Coreen Avenue at roundabout, right into Penrith Railway north side commuter carpark.

At 8:30pm event management will commence setup of managed traffic conditions on Castlereagh Road and McCarthys Lane, Castlereagh Road/Andrews Road/Old Castlereagh Road roundabout, Gate E and McCarthys Lane and Old Castlereagh Road between Castlereagh Road and Leland Street.

Variable message signs will be utilised in the following locations to assist with traffic management before, during and after the event:

·    VMS 1 Castlereagh Road 100m south of roundabout at Andrews Road

·    VMS 2 Castlereagh Road 150m north of roundabout at Andrews Road

·    VMS 3 Andrews Road 150m east of roundabout at Castlereagh Road

·    VMS 4 Old Castlereagh Road at Gate C directing patrons to parking.

If emergency access is required during the event, emergency vehicles will be directed to McCarthys Lane and through Gate E.  This access will be marshalled during the event to ensure access is maintained.

The organisers of the event have advised that there are a number of key agencies that have been involved in the planning of this event, including Q Dance Australia, SIRC, NSW Police, Railcorp, Roads and Traffic Authority, Bus New South Wales, E-Group Security, Ministry of Transport, and Ticketek.

RECOMMENDED

That:

1.     Subject to the Class 3 event obtaining appropriate approval, the Transport Management Plan for the event be endorsed.

2.     The organisers submit a final Traffic Management Plan (TMP) to Council, the RTA and Police for information, a minimum of six weeks prior to the event being held.

3.     The organisers obtain separate Police approval.

4.     The organisers follow Police directions.

5.     The event organisers be advised of Council’s resolution.

GB 2          Second Avenue & Derby Street, Kingswood – Proposed Bus Stop and Bus Zone Locations  (Raised Comfort Delgro Cabcharge-Westbus)                                                         

Council has received representations from Comfort Delgro Cabcharge-Westbus, requesting the approval of Bus Stop and Bus Zone locations on Second Avenue and Derby Street, Kingswood.  The request is in response to the recommendations that were made by Dr Andrew Refshauge in October 2007, on behalf of the Ministry of Transport (MoT), recommending that a regular route service should be provided to the Werrington Enterprise Living and Learning (WELL) Precinct.  Dr Refshauge’s recommendation was as follows:

“It is recommended that regular services to the WELL Precinct be provided with a

10 minute frequency between 7am and 10pm Monday to Friday.”

Westbus have advised that this new bus service is part of the State Government’s “Growth Buses” program, whereby new buses are either added to existing routes to increase frequency, or used to start new routes to cater for existing demand without the requirement of a Regional network review.

The proposed route (774) will consist of a high frequency bus service that runs from Penrith Railway Station to St Marys Railway Station at 10-15 minute intervals, seven days per week.  The route will include buses travelling in eastern and western directions and will service the Nepean Hospital, University of Western Sydney and Kingswood TAFE via Derby Street and Second Avenue.  The exact start and finish times of the services have not been finalised, however it has been advised that the Monday to Friday service may begin before 6am and run until after 11pm, with the weekend service running similarly, although with slightly shorter hours.

Westbus representative, Mr Ron Watson, has provided the following advice to Council in relation to the intensification of the route services.

“Derby St between Parker St and Bringelly Road is currently used by Route 789 already however this is an infrequent route. As a courtesy I am notifying Council of the change in use to a full time Route service (7 Days) for this section of Derby St.

Second Avenue between Bringelly Rd & Manning St is currently used by school services, however approval was granted for a full time route 780 service in 2001. This service was discontinued some years ago, but I am not aware that the approval has ever been rescinded. To this end, I am notifying Council as a courtesy for it’s information/consideration.”

Furthermore as a result of the higher bus service frequency, the Westbus representative has requested new bus stops in Derby St Kingswood.  Site investigations were conducted by Council and Westbus to determine the locations for Bus Stop and Bus Zone positions on Second Avenue and Derby Street, Kingswood.  Six locations were identified and validated for suitability according to the following principles:  noise, lighting, availability of on-street parking, lane widths, driveway locations and bus characteristics.  A description of each location has been provided below.

1.  Reserve between 10 and 14 Second Avenue (between First Street and Jones Street), Kingswood (travelling west) – Bus Stop

Currently, a Bus Stop is located at 16 Second Avenue, however this Bus Stop has not been used for a number of years.  Its location was not considered appropriate due to the adverse effects it will have on residents and sight distances for vehicles exiting Jones Street onto Second Avenue .

The preferred location lies outside a current laneway that was designated as a road by Council in 1968 (DP 235255), however has never been formalised.  The laneway currently consists of bollards spanning across a 15m width preventing any vehicle access through the laneway.

This was selected as a preferred location due to the availability of a 3.1m wide parking and bicycle lane.  In addition, a minimised impact on residents is expected due to a reduced noise level and the preservation of current on-street parking.

Community Consultation:

With the proposed location not directly affecting a residential property, community consultation is not required, however notification of the Bus Stop relocation to house numbers 10 and 14 has been advised.  When notified, the resident at number 14 Second Avenue commented that since people and especially kids cross the road at the reserve next to his house (and one was hit by a car recently), he feels that this is not a good place for a Bus Stop.  He feels that further to the east past number 16 would be more appropriate.

The Westbus representative argued that near number12 gives better access to First, Paskin, and Jones Streets, and that if people are already crossing there then having the area free of parked vehicles should be of benefit for sight distance when crossing the road at that point.

2. Opposite 8 Second Avenue (between Paskin Street and First Street), Kingswood (travelling east) – Bus Stop

This location lies outside a reserve owned by Council and will not have any impact on residential properties.  The 3.1m wide by 70m long parking and bicycle lane provides more than adequate space for the bus to stop along the kerb.  Directly opposite property number 8 is the midpoint between Paskin Street and First Street, thus ensuring that maximum sight distances are achieved for vehicles turning into Second Avenue.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would further be achieved.

3. Between 2 and 4 Derby Street (between Bringelly Road and Somerset Street), Kingswood (travelling west) –Bus Stop

This location lies outside a reserve owned by Council and will not have any impact on residential properties.  The 3.1m wide parking and bicycle lane provides satisfactory space for the bus to stop along the kerb.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would be achieved.

4. Outside 1A and 1B Derby Street (between Bringelly Road and Hargrave Street), Kingswood (travelling east) – Bus Stop

This location is situated directly between two independent unit blocks.  It contains a 3.1m wide parking and bicycle lane that will provide sufficient space for the bus to stop along the kerb.  There are two residential units that may be affected by the location of the Bus Stop.  Consultation was conducted on 1 July 2009, by means of letterbox drop, notifying residents at 26/1B, 41/1B and 18/1A Derby Street of the proposal, with any resident feedback being documented and considered.  Currently there is a street tree located outside property 1B that may have an adverse affect on the manoeuvrability of the bus on approach to the Bus Stop.  The Westbus representative has advised that the appropriate tree trimming will be conducted prior to any bus route commencement.  There are no driveways that will be affected with the installation of the Bus Stop and sufficient lighting would further be achieved.

5. Outside 28 and 30 Derby Street (between Bringelly Road and Somerset Street), Kingswood (travelling west) – Bus Zone

This location is situated closer to the hospital grounds where on-street parking and residential properties are of concern.  The location outside properties 28 and 30 Derby Street was considered as the most appropriate as the distance between driveways provided a 21m length and 3.1m wide parking and bicycle lane.  In addition, the houses on these properties are setback from the road producing a reduced sound effect on the residents.  Currently there is a street tree located outside property 30 that may have an adverse affect on the manoeuvrability of the bus on approach to the Bus Stop.  The Westbus representative has advised that appropriate tree trimming will be conducted prior to any bus route commencement.  With the installation of a Bus Zone, three on-street parking spaces will be lost.

Community Consultation:

Westbus have conducted consultations with the residents of both properties where positive feedback was received in regards to the bus service and the loss of on-street parking directly outside their property.

6. Outside 25-27 Derby Street (between Hargrave Street and Somerset Street), Kingswood (travelling east) – Bus Zone

This location is situated closer to the hospital grounds where on-street parking and residential properties are of concern.  The location outside 27 Derby Street was considered as the most appropriate as the distance between driveways provided a 13m length and 3.1m wide parking and bicycle lane.  A total of 22m in length is achieved with the inclusion of both driveways providing sufficient space for the bus to manoeuvre and stop along the kerb.  With the installation of a Bus Zone, two on-street parking spaces will be lost.  Sufficient lighting is achieved at this location with a light situated on a telegraph pole outside property number 25‑27.

Community Consultation:

The residents at properties 25-27, 29 and 31 were all advised of the proposed bus route by means of letterbox drop on 25 June 2009, with no feedback received from these residents. 

It is recommended that the Bus Stops and Bus Zones as listed above be approved, subject to further community feedback and consultation.

RECOMMENDED

That:

1.   The information in the report Second Avenue & Derby Street, Kingswood – Proposed Bus Stop and Bus Zone Locations be received.

2.   Subject to no substantial objection being received by residents during the minimum two week notification period, the Bus Stop and Bus Zone locations, as follows, be approved:

a)   Outside reserve between 10 and 14 Second Avenue (between First Street and Jones Street), Kingswood (southern side) – Bus Stop

b)   Opposite 8 Second Avenue (between Paskin Street and First Street), Kingswood (northern side) – Bus Stop

c)   Between 2 and 4 Derby Street (between Bringelly Road and Somerset Street), Kingswood (southern side) –Bus Stop

d)   Outside 1A and 1B Derby Street (between Bringelly Road and Hargrave Street), Kingswood (northern side) – Bus Stop

e)   Outside 28 and 30 Derby Street (between Bringelly Road and Somerset Street), Kingswood (southern side) – Bus Zone

f)    Outside 25-27 Derby Street (between Hargrave Street and Somerset Street), Kingswood (northern side) – Bus Zone

3.   Westbus be requested to provide Council with a list of required tree trimming locations prior to the installation of the new Bus Stops/Zones.

4.   The affected residents and Nepean Hospital be advised of Council’s resolution.

GB 3          High & Riley Streets, Penrith - Proposed “Penrith Carer Car Project” Parade on 22 August, 2009  (Raised Council)

Council has received a request from the Sacred Church of Holy Spirit for approval to hold a fund raising parade on Saturday 22 August, 2009 between 12 noon and 12.30pm.  The aim of the parade is to raise awareness of, and funds for the “Penrith Carer Car Project”.  The “Penrith Carer Car” is an imported vehicle especially designed to assist carers with incapacitated and/or wheelchair bound people in their transportation needs.   The “Penrith Carer Car” will be available to the community for use through the Sacred Church of Holy Spirit and would be the first community-operated vehicle of its kind in Australia.

The route of the parade would commence from Woodriff Gardens (gathering at 11.50am) and proceed to High Street at 12.00noon, turn left into High Street, right into Riley Street, cross Henry Street and complete the parade in Riley Street (northern) by 12.30pm, where vehicles and participants will disband.

The organisers have advised that the parade will have five “Carer Car” display vehicles and 20-30 wheelchair participants.

The organisers have indicated that the intersection of Henry and Riley Streets would be temporarily closed to vehicular traffic (emergency vehicles and buses would have right of way).  The Police have been advised of the parade and will be located at other intersections along the route to ensure all cross streets are controlled.  The small nature of the parade would cause little or no disruption to traffic.

Under the Roads and Traffic Authority’s Guidelines for Special Events Version 3.4 August 2006, this type of event is considered a Class 2 Event, and the applicant would be required to submit a Traffic Management Plan (TMP) to Council and advertise the traffic aspects of the event to the community, prior to the event being held.

It is recommended that the event be approved, subject to conditions.

RECOMMENDED

That:

1.   The route of the event, as proposed, be approved.

2.   The organisers submit a Traffic Management Plan (TMP) to Council and Police and the Roads and Traffic Authority for approval a minimum of six weeks prior to the event.

3.   The organisers be requested to advertise the proposed parade in the local papers and to affected shopkeepers at least one week prior to the event.

4.   The organisers contact Westbus regarding the weekend bus services.

5.   The organisers obtain separate Police approval and submit a Schedule 1 form to Police.

6.   The organisers follow Police directions.

7.   The organisers notify Emergency Services of the event.

8.   The organisers provide marshals where required.

9.   The organisers indemnify Council prior to the event against all claims for damage or injury which may result from conducting the event.

10. The organisers submit to Council a copy of the Public Liability Insurance of $10 million, prior to the event.

11. All documentation required by these conditions be submitted to Council for information purposes at least one week prior to the event.

12. The event organisers be advised of Council’s resolution.

GB 4          Star Court/The Northern Road, Cambridge Gardens – Traffic Safety at Intersection  (Raised Council)                                                                                                                          

Council’s Senior Traffic Engineer raised concerns regarding the number of accidents occurring at the intersection of Star Court and The Northern Road, Cambridge Gardens.

LTC Comment

The Roads and Traffic Authority representative advised that the Authority is currently investigating traffic safety at this intersection and the results will be sent to Council once they have finalised potential concepts.

RECOMMENDED

That Council note the information.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 July, 2009 be adopted.

Ordinary Meeting

20 July 2009

A Leading City

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 15 June 2009

The minutes of the Policy Review Committee Meeting of 15 June 2009 were confirmed.

RECOMMENDED that Councillor John Thain be nominated as Chair.

SUSPENSION OF STANDING ORDERS

RECOMMENDED that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:40pm.

An extension of time was granted to Ms Julie Horder, the time being 7:56 pm.

An extension of time was granted to Mr Andrew Wiesener, the time being 8:33pm.

An extension of time was granted to Mr Scott Greenow, the time being 9:09pm.

An extension of time was granted to Rev David Clarke, the time being 9:23pm.

An extension of time was granted to Mr Vince Hardy the time being 9:36pm.

An extension of time was granted to Mr Stephen Bowers the time being 9:49pm.

An extension of time was granted to Mr Neil Ingham the time being 9:58pm.

An extension of time was granted to Ms Mary Vella, the time being 10:11pm.

RESUMPTION OF STANDING ORDERS

RECOMMENDED that Standing Orders be resumed, the time being 10:22pm.

1        Results of the public exhibition of draft Penrith Local Environmental Plan 2008 and draft amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage.

Having previously declared Pecuniary Interests in the Report, Councillors Ross Fowler OAM, Kaylene Allison, Kevin Crameri OAM, Ben Goldfinch, Jackie Greenow and Marko Malkoc left the meeting at 10.24pm and did not return.

The Chairperson, Councillor John Thain adjourned the meeting for a 10 minute period, the time being 10:24pm, with the following being present:

Councillors John Thain, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies,  Prue Guillaume, Karen McKeown and Kath Presdee.

The meeting resumed, the time being 10.37pm, with the following being present:

Councillors John Thain, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies,  Prue Guillaume, Karen McKeown and Kath Presdee.

RECOMMENDED

That:

1.     The matter be deferred to a future Policy Review Committee meeting.

2.     Those persons who addressed the Council or contacted the Council when advised that the matter was to be considered at this evening’s meeting be notified of its deferral.

3.     Council officers be authorised to discuss the proposed recommendations in the Discussion Paper with those who made submissions.

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

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 July, 2009 be adopted.

Ordinary Meeting

20 July 2009

A Leading City

1

Audit Committee   

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

1. View

Minutes of Audit Committee Meeting

3 Pages

Appendix

Ordinary Meeting

20 July 2009

Appendix 1 - Minutes of Audit Committee Meeting

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Audit Committee Meeting - 11 March 2009

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that the minutes of the Audit Committee Meeting of 11 March 2009 be confirmed.

1        Internal Ombudsman                                                          

Stephen Britten advised the Committee of Council’s arrangements for public access to documents and handling of complaints.  The report was called for in response to the Committee’s consideration of what went wrong at Wollongong, and if there was anything that we can learn from that. Council has appropriate structures for review of complaints, however if individuals want fully independent reviews they can refer to state government agencies such as the Ombudsman’s Office or the Department of Local Government.  It is not seen as efficient for Council to attempt to duplicate these fully independent review structures and it is doubtful the general public would see such an officer as fully independent.

Council has appointed a Public Officer and this position provides a point of contact for complaints and very few issues cannot be resolved here.  Legal and Governance are able to provide investigative assistance when required.  It was noted that the Department of Local Government’s Health Check does not discuss this matter, indicating they do not see it as important.  There have not been calls for an Independent Ombudsman at Penrith and Penrith’s situation is different to that of Wollongong.

The Committee concluded that the current arrangements were not in need of change, but suggested the review processes and the role of the Public Officer should be publicised more than presently occurs.

Resolved on the motion of His Worship the Mayor Councillor Jim Aitken OAM seconded Frank Gelonesi that the information contained in the report on Internal Ombudsman be received.

2        Internal Audit Program 

Changes to the 2009/10 Internal Audit Program were recommended in order to increase the “value add” of Internal Audit.  The resources currently available to Internal Audit were noted and the need to monitor progress discussed.  The Committee requested that a progress report on each audit be tabled at every meeting.  If the program is to be achieved some of the items will need to be outsourced.

It was noted that other Councils are doing work on Business Continuity at present and it may be possible to gain some advantage or insight on this issue by discussing it with them.

The revised 2009/10 Internal Audit Program should be:

• Completion of 2008/09 program

• Payables

• Information Technology

• Management of Major Projects

• Records

• Business Continuity

• Registers and Delegations

• Complaints and Regulatory enforcement

• DRIVES

• Plant & Fleet

• Ripples Aquatic Centre

• Penrith Pool

but should also be monitored and amended (by the Audit Committee) as necessary.

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that:

1        The information contained in the report on Internal Audit Program be received.

2        The 2009/10 Internal Audit Program be updated as proposed in this report.

3        Audit Committee Standing Items            

The status of Internal Audit was advised by Peter Browne. 

The audit into Development Approvals and Construction Certificates had been outsourced to the NSW Government’s Internal Auditing bureau, IAB Services.  The review concluded that the operation was satisfactory but made some recommendations for improvements.  The Business Paper included details of the recommended improvements and Councils intended actions for each item.  The Committee noted that the suggestions were relatively minor indicating a good outcome was being achieved.  The Committee requested additional information in regard to the matters where no change had been recommended.  The executive summary will be provided to members.  Members who want additional information will be provided with a copy of the full report.

As well as increasing the detail in the Business Paper Report of completed audits, the Committee discussed how progress reports on recommendations from audits are brought back.  Current practice is to report back when significant progress has been achieved.  The Committee determined regular updates on the implementation of recommendations should be included in the Business Paper. 

A report on Risk Management had been requested by the Committee and is planned to be presented to the next meeting.

Resolved on the motion of Councillor Kath Presdee seconded Jayant Gulwadi that the information contained in the report on Audit Committee Standing Items be received

        Audit Committee Annual Report                

The annual report is planned for Councils Policy Review meeting of 15 June 2009.  The committee briefly discussed what items might be emphasised in the report.

Ordinary Meeting

20 July 2009

A Leading City

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Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council   

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council be received.

2.     Council grant an easement to drain water over Open Space land on Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park to benefit Lots 217/218 DP 13531, No. 27 Eton Road, Cambridge Park.

3.     Payment of compensation by the applicant to Council in the amount of $4,000 be required for the grant of the easement over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Park.

4.     The applicant be responsible for all drainage costs including the extension of Council’s 750mm pipe by a minimum distance of 4.8 metres at the rear of No 23 Eton Road.

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

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

1. View

Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Gardens.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

1 Page

Appendix

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Appendix 1 - Council Property - Easement to Drain Water over Lot 38 DP 607665, No. 5 Tasman Street, Cambridge Gardens.  Applicant:  David Walter Pty Ltd on behalf of M Christie & R Mason - Owner:  Penrith City Council

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20 July 2009

A Leading City

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Summary of Investments for the period 1 June 2009 to 30 June 2009   

RECOMMENDATION

That:

1.   The information contained in the report on Summary of Investments for the period 1 June 2009 to 30 June 2009 be received.

2.   The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 June 2009 to 30 June 2009 be noted and accepted.

3.   The graphical investment analysis as at 30 June 2009 be noted.

4.   The Agency Collection Methods as at 30 June 2009 be noted.

1. View

Summary of Investments

4 Pages

Appendix

2. View

Agency Collection Methods

1 Page

Appendix

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Appendix 1 - Summary of Investments

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Appendix 2 - Agency Collection Methods

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A Leading City

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Parks and Leisure Association Annual National Conference   

RECOMMENDATION

That:

1.     The information contained in the report on Parks and Leisure Association Annual National Conference be received.

2.     Council nominates interested and available Councillors to attend the Parks and Leisure Association Annual National Conference.

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20 July 2009

A City of Opportunities

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Support Services for Men in the Penrith LGA   

RECOMMENDATION

That the information contained in the report on Support Services for Men in the Penrith LGA be received.

Ordinary Meeting

20 July 2009

A City of Opportunities

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Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009   

RECOMMENDATION

That the information contained in the report on Community Assistance Program 2008 - 09 Rolling Component - Projects Approved Under Delegation January - June 2009 be received.

Ordinary Meeting

20 July 2009

A City of Opportunities

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Fair Trade    

RECOMMENDATION

That the information contained in the report on Fair Trade  be received.

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20 July 2009

A Green City

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Development application DA09/0323 Multi-level dwelling Lot 26 DP 237406 (No. 24) Parklands Avenue, Leonay  Applicant:  David Williams;  Owner:  David and Laura Williams    

DA09/0323