CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 12 OCTOBER 2009 AT 7:38PM

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by the Rev Neil Checkley.

PRESENT

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kaylene Allison for the period 29 September 2009 to 1 November 2009 inclusive.

320  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that Leave of Absence be granted to Councillor Prue Guillaume for 12 October 2009.

 

APOLOGIES

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 September 2009

321  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the minutes of the Ordinary Meeting of 28 September 2009 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Karen McKeown clarified that she was not related to the owners of the land in Item 1 – Council Property - Easement to Drain Water over Lot 3 DP 255380 Nepean Street, Emu Plains.  Owner:  Penrith City Council - Applicant:  N F Billyard Pty Ltd.

 

 

 

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 1 – Council Property - Easement to Drain Water over Lot 3 DP 255380 Nepean Street, Emu Plains.  Owner:  Penrith City Council - Applicant:  N F Billyard Pty Ltd as the applicant is one of his clients.  Councillor Fowler OAM stated that he would take no part in discussion and debate on this matter and would leave the Chamber.

 

Councillor Ben Goldfinch declared a Pecuniary Interest in Item 1 – Council Property - Easement to Drain Water over Lot 3 DP 255380 Nepean Street, Emu Plains.  Owner:  Penrith City Council - Applicant:  N F Billyard Pty Ltd as the applicant is one of his clients. 

 

Councillor Ben Goldfinch also declared an interest in Item 12 - Expressions of Interest Reference 03-09/10 for Construction of Penrith Commuter Carpark and in Item 2 of Committee of the Whole - Commercial Matter - Expressions of Interest for Construction of Penrith Commuter Carpark  as one of the tenderers is one of his clientsCouncillor Goldfinch stated that he would leave the Chamber during consideration of these items.

 

 

SUSPENSION OF STANDING ORDERS

322  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:41 pm.

 

Mr Paul Sims

 

Item 9  – Development Application DA08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958

 

Mr Sims, an affected neighbour, spoke in opposition to the proposed alterations, and stated that the proposed increase in contours would further exacerbate visual, odour and pollution issues. 

 

323  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown that an extension of time be granted to Mr Sims, the time being 7:47 pm.

 

Mr Sims concluded by seeking Council’s deferral of consideration of the application to allow a meeting and mediation between SITA, Councillors and affected owners.

 

 

Mr George Khouri

 

Item 10 - Development Application DA09/0789 for a Multi-Unit Housing Development at Lots 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood. Applicant: Amflo Pty Ltd;  Owner: Luvamo Pty Ltd DA09/0789

 

Mr Khouri, the applicant, spoke in support of the proposed development, outlining the merits of the proposal.  Mr Khouri then made himself available to answer any questions that Councillors may have had regarding the application.

RESUMPTION OF STANDING ORDERS

324  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Jim Aitken OAM that Standing Orders be resumed, the time being 7:51 pm.

 

  

Mayoral Minutes

 

1        Congratulations to our 2009 Wall of Achievement award recipients and Honoured Citizen of Penrith                                                                                                                                 

325  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Congratulations to our 2009 Wall of Achievement award recipients and Honoured Citizen of Penrith be received.

 

2        Deputy Mayor Ross Fowler OAM appointed Chair of United Independent Pools and reappointed Chair of Westpool                                                                                          

326  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the Mayoral Minute on Deputy Mayor Ross Fowler OAM appointed Chair of United Independent Pools and reappointed Chair of Westpool be received.

 

3        Council congratulates Councillor McKeown                                                                     

327  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tanya Davies that the Mayoral Minute on Council congratulates Councillor McKeown be received.

 

Councillor Greg Davies left the meeting, the time being 8:26 pm.

 

Councillor Greg Davies returned to the meeting, the time being 8:30 pm.

 

4        Council receives a Westpool 2008-09 Local Government Risk Management Excellence Award                                                                                                                                  

328  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Council receives a Westpool 2008-09 Local Government Risk Management Excellence Award be received.

 

The Mayor, Councillor Kevin Crameri OAM reported to the Council on some functions that he had attended since being elected as Mayor.

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

329  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Greg Davies that Items 11 and 16 be considered concurrently.

 

 

 

Procedural Motion

330  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that Item 12 be considered at the conclusion of confidential business.

 

 

A Leading City

 

Councillors Mark Davies, Jim Aitken OAM, Ben Goldfinch and Ross Fowler OAM left the meeting, the time being 8:36 pm.

 

1        Council Property - Easement to Drain Water over Lot 3 DP 255380 Nepean Street, Emu Plains.  Owner:  Penrith City Council - Applicant:  N F Billyard Pty Ltd                        

331  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Council Property - Easement to Drain Water over Lot 3 DP 255380 Nepean Street, Emu Plains.  Owner:  Penrith City Council - Applicant:  N F Billyard Pty Ltd be received.

2.     Council grant an easement to drain water over Open Space land at Lot 3 DP 255380 Nepean Street, Emu Plains in favour of Lot 4 DP 232928 at No. 34 Gough Street, Emu Plains.

3.     Payment of compensation by the applicant in the amount of $5,000 plus GST be required for the creation of the easement over Lot 3 DP 255380 Nepean Street, Emu Plains.

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.

 

Councillors Jim Aitken OAM, Ben Goldfinch and Ross Fowler OAM returned to the meeting, the time being 8:37 pm.

 

2        Pecuniary Interest Returns                                                                                                

332  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc that the information contained in the report on Pecuniary Interest Returns be received.

 

 

 

 

 

 

 

 

 

6        Summary of Investments & Banking for the period 1 August 2009 to 31 August 2009 

333  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc

That:

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

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

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

 

Councillor Mark Davies returned to the meeting, the time being 8:38 pm.

 

3        Action Taken on Resolutions of the 2008 Local Government Association Conference 

334  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1.     The information contained in the report on Action Taken on Resolutions of the 2008 Local Government Association Conference be received.

2.     Council staff follow up the progress of Items 66, 83 and Late L37, with the Executive Committee of the Association.

 

4        Deed of Agreement between Penrith City Council and Penrith Valley Economic Development Corporation                                                                                                                         

335  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Deed of Agreement between Penrith City Council and Penrith Valley Economic Development Corporation (PVEDC) be received.

2.     Council endorse the Deed of Agreement and authorise the General Manager to execute the document.

3.     Council provide funds to the PVEDC in accordance with the Deed of Agreement.

4.     Clause 3.11 of the Deed of Agreement be replaced with a new clause requiring Council, in consultation with the PVEDC, to develop an investment policy.

 

 

 

 

5        2008-2009 Financial Statements                                                                                        

336  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on 2008-2009 Financial Statements be received.

2.     Council Financial Services staff be congratulated for their efforts in preparing and submitting the 2008-2009 Financial Statements in a timely manner.

 

A City of Opportunities

 

7        Penrith Community Development Support Expenditure (CDSE) Scheme 2009 Funding Round Outcomes                                                                                                                            

337  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kath Presdee that the information contained in the report on Penrith Community Development Support Expenditure (CDSE) Scheme 2009 Funding Round Outcomes be received.

 

A Green City

 

8        Section 96 Application DA07/0742.01 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                                                                                                                                 

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

That:

1.     The information contained in the report on Section 96 Application DA07/0742.01 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 be received.

2.     The Section 96 Application 07/0742.01 for modification of Condition No. 16 of the existing development consent relating to the Place of Worship at Lot 912 DP 836641  (No. 86 - 90) Andromeda Drive, Cranebrook, be approved subject to the following amended and additional conditions:

 

Amend Condition No. 16 to read:-

 

2.1     All windows and doors at the rear of the building used as the place of public worship that face dwellings in Pluto Place are to be closed when the P/A system is in use or when a band is playing

 

 

 

 

 

The following new conditions be added

 

2.2     Consent for the doors and windows on the western side of the building to be open during mass and other gatherings in the parish building at Corpus Christi Primary School is limited to a 6 month period from the date of the modified approval

 

The doors and windows to the western elevation shall only be open during the warmer months from September to March

 

All doors and windows are to be closed when the P/A system is in use or when a band is playing upon the expiration of the 6 month trial period. A further application may be lodged before the expiration date for Council’s consideration to further extend this period or amend this requirement

 

2.3     The live band is to operate as per the schedule submitted by the applicant in the following manner:

 

§ The youth band is rostered to play once a month on Saturday evenings during mass between 6.00pm to 7.00pm

§ The band would play for not more than a total of 30 minutes during mass

§ The 7:30am mass on Sunday mornings shall not play live music

§ The doors and windows to the western elevation would only be open during the warmer months ( September to March)

§ All windows and doors shall be closed during the band practice

 

2.4     Only windows and doors outlined in the Music Noise Compliance survey provided by Renzo Tonin and Associates dated 21 October 2008 are permitted to be open during the times when the P/A system is in use

 

3.     The persons who made submissions in respect of the proposal be advised of Council’s decision in writing.

 

4.     A further report be presented to Council after the 6 months trial period has elapsed.

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

9        Development Application DA08/0958 - Section 96 Modification - Alteration to Finished Landform - Lot 1 DP 542395, Lot 740 DP 810111 (No. 1725) Elizabeth Drive, Badgerys Creek. Applicant: SITA Australia Pty Ltd;  Owner: SITA Australia Pty Ltd DA08/0958

339  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow that this item be deferred for consideration at Council’s Ordinary Meeting of 9 November 2009 to allow matters raised by affected neighbours to be considered and for mediation to occur between the parties.

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

10      Development Application DA09/0789 for a Multi-Unit Housing Development at Lots 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood. Applicant: Amflo Pty Ltd;  Owner: Luvamo Pty Ltd                                                                                                               DA09/0789

340  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Greg Davies

That:

1.     The information contained in the report on Development Application DA09/0789 for a Multi-Unit Housing Development at Lots 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood be received.

2.     Development Application DA09/0789 for a Multi-Unit Housing Development at Lots 16 & 17 DP 38919 (No. 76 - 78) Jones Street, Kingswood be approved subject to the following conditions:

          Standard Conditions

2.1     A001          Approved plans

A008           Works to BCA requirements

A009           Residential works DCP

A011                    Engineering works DCP

A014                    Lot consolidation

A019                    Occupation Certificate

A038                    Lighting locations

A039                    Graffiti

A043                    Air conditioner

A046                    Obtain Construction Certificate before commencement of                  works

C003                    Uncovering relics

D001          Implement approved sediment and erosion control          measures

D002          Spray grass

D005                    No filling without prior approval

D006                    Validation of fill material

D007                    Filling of land

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

E01A                    BCA compliance (Class 2-9)

E002                     BCA issues to be addressed

E006                     Disabled access and facilities

E009                     Annual fire safety

F006                     Water tank and nuisance

G002                    Section 73

G004                    Integral Energy

G005                    Rainwater tank plumbing

H001                    Stamped plans and erection of site notice (Class 2-9)

H002                    Provision of site facilities prior to commencement of                  construction works

H003                    Traffic safety during construction

H006                    Implement waste management plan

H011                    Engineering plans and specifications

H025                    Construction of garbage rooms

H033                    Clothes drying facilities

H036                    Rainwater tank

H037                    Safe supply of water from catchment

H038                    Connection of rainwater tank supply

H039                    Rainwater tank pumps

H041                    Hours of construction work

I003                      Roads Act approval

K001                    Engineering Construction Certificate

K002                    WAE drawings and certificates

K004                    Easement creation

K009                    On-site detention

K019                    Connection to Council’s system

K025                    Pavement seal

K027                    Car parking

K036                    Performance bond

K037                    Maintenance bond

L001                     Approved landscaping plans

L002                     Landscaping construction

L003                     Landscaping report requirements

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L007                     Tree protection measures

L008                     Tree preservation order

N001                    Section 94 contributions (Cultural Facilities) - $4,638

N003                    Section 94 contributions (District Open Space) - $53,810

N004                    Section 94 contributions (Footpath Construction) - $3,108

N005                    Section 94 contributions (Local Open Space) - $19,435

N006                    Section 94 contributions (Neighbourhood Centre) -                           $5,250

P001                     Costs

P002                     Fees associated with Council land

 

 

Q001                    Notice of commencement and appointment of PCA

Q006                    Occupation Certificate

Q010                    BASIX Certificate

Special Conditions

2.2     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

2.3     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

2.4     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

2.5     All car parking and manoeuvring areas associated with the subject development, including driveways, access ramp grades and 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

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

2.7     Submission of a revised landscape plan is to be provided, consistent with Part 2, Section 2.6 of Penrith Development Control Plan 2006, and to the satisfaction of Council. The plan 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

2.8     Submission of an amended site design is to be provided 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

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

2.10   The bin storage enclosure shall have minimum internal dimensions of 6m wide x 2.8m deep. This modification shall be incorporated into the Construction Certificate plans for the development

2.11   The balconies of each first floor apartment in Block A shall have minimum areas of 10m2. This modification shall be incorporated into the Construction Certificate plans for the development

3.     The individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns.

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

 

14      Penrith Recycled Water Project Stage 2                                                                           

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

That:

1.     The information contained in the report on Penrith Recycled Water Project Stage 2 be received.

2.     Council support the submission of the Penrith Recycled Water Project – Stage 2 proposal to the Department of Environment, Water, Heritage and the Arts to secure funding of up to $2.7M.

 

 

15      Development Application DA 09/746 Proposed Alteration and DA 09/0746 Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No.13 -25) Pattys Place, Jamisontown - Supacentre Applicant: Pipven Pty Ltd: Owner: Pipven Pty Ltd.             

342  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the information contained in the report on Development Application DA 09/746 Proposed Alteration and DA 09/0746 Additions to Existing Bulky Goods Retail Centre at Lot 10 & 11 DP 1046110 (No.13 -25) Pattys Place, Jamisontown - Supacentre Applicant: Pipven Pty Ltd: Owner: Pipven Pty Ltd. be received.

 

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

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

 

 

 

 

 

 

 

 

 

A Liveable City

 

Councillors Karen McKeown, Kath Presdee and Mark Davies left the meeting, the time being 9:05 pm.

 

11      Bus Network Review - Approval of New Roads for Bus Routes

Councillors Karen McKeown, Kath Presdee and Mark Davies returned to the meeting, the time being 9:11 pm.

343  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that the information contained in the report on Bus Network Review - Approval of New Roads for Bus Routes be received.

 

 

16      Bus Network Review - Approval of New Roads for Bus Routes (Item 9 - Report to Local Traffic Committee, 12/10/2009)                                                                                         

344  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Bus Network Review - Approval of New Roads for Bus Routes (Item 9 - Report to Local Traffic Committee, 12/10/2009) be received.

2.     The new roads to be used as bus routes as listed in Table 1 be noted.

3.     The new bus stops and bus zones listed in Table 2 be approved.

4.     All residents who made submissions regarding bus stops be advised of Council’s resolution by Comfort Delgro Cabcharge.

5.     Comfort Delgro Cabcharge be advised of Council’s Resolution.

6.     This report be forwarded to Council’s Access Committee for information.

 

13      Floodplain Management Authorities 50th Anniversary Annual Conference - 23 February 2010 to 26 February 2010                                                                                                  

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

That:

1.     The information contained in the report on Floodplain Management Authorities 50th Anniversary Annual Conference - 23 February 2010 to 26 February 2010 be received.

2.     Council nominate the Mayor, Councillor Kevin Crameri OAM, Councillor Jim Aitken OAM and Councillor Jackie Greenow and any other interested and available Councillors as its delegates to the 2010 Floodplain Management Authorities Conference and Workshop, to be held at Gosford from 23 February 2010 to 26 February 2010.

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      St Clair Community Health Centre                                                                          

Councillor Tanya Davies requested a memo reply concerning the car parking area at the front of the St Clair Community Health Centre, with a view to providing a bitumen seal to the carpark, incorporating disabled car parking access to the Centre.

 

QWN 2      Coomassie Community Centre, St Clair                                                                  

Councillor Tanya Davies requested a memo reply concerning the mowing of lawns at the Coomassie Community Centre at St Clair. 

 

QWN 3      Deciduous Trees on Camira Street , St Marys                                                        

Councillor Tanya Davies requested a memo reply concerning deciduous trees in Camira Street , St Marys which are causing ongoing problems for many elderly residents, with gutters and drains blocking from falling leaves and the effect this has on the stormwater drain in Kalong Avenue. Councillor Tanya Davies also asked whether these trees could perhaps be replaced with trees that do not shed as many leaves or require as much trimming.

 

Councillor Greg Davies left the meeting, the time being 9:18 pm.

 

QWN 4      Erskine Park Business Park                                                                                    

Councillor Mark Davies requested a report to Council providing an update on the importance of the Erskine Park Business Park Biodiversity Corridor, in particular the Jacfin site. 

 

QWN 5      Dunheved Business Site                                                                                           

Councillor Mark Davies requested a report to Council outlining the importance of developing a Master Plan for the Dunheved Business Site and investigating the cost and sourcing of funds for this Plan.

 

QWN 6      Samuel Marsden Baseball Fields                                                                            

Councillor Robert Ardill requested a memo reply providing an update on the works undertaken at Samuel Marsden Baseball Fields and advising if these facilities are being utilised for the World Masters Games.

 

QWN 7      Fencing of Backyard Swimming Pools                                                                     

Councillor Robert Ardill thanked Council officers for the memo he received relating to the fencing of backyard swimming pools.  Councillor Ardill also requested a report to Council, investigating the potential implementation of a register for backyard pools, specifically relating to compliant fencing (and resuscitation signs), perhaps using a certificate based approach using sub-contractors to fulfil the inspection process.

 

Councillor Greg Davies returned to the meeting, the time being 9:22 pm.

 

QWN 8      Women's Self Defence Seminar and Breast Cancer Fundraising Event               

Councillor Jim Aitken OAM requested that an amount of $250 (to be contributed equally from South, North and East Ward voted works) be allocated to the Women’s Self Defence Seminar and Breast Cancer Fundraising Event to cover the cost of hiring the Floribunda Community Centre hall for this event.

346  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

 

347  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that an amount of $250 (to be contributed equally from South, North and East Ward voted works) be allocated to the Women’s Self Defence Seminar and Breast Cancer Fundraising Event to cover the cost of hiring the Floribunda Community Centre hall for this event.

 

QWN 9      Mamre 100 Mile Dinner Under the Stars                                                               

Councillor Jackie Greenow requested that an amount of $950 (to be contributed equally from South, North and East Ward voted works) be allocated to purchasing a table of 10 for the Mamre 100 Mile Dinner Under the Stars event.

 

348  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

349  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Jim Aitken OAM that an amount of $950 (to be contributed equally from South, North and East Ward voted works) be allocated to purchasing a table of 10 for the Mamre 100 Mile Dinner Under the Stars event.

 

QWN 10    Proposed Red Rooster Development - Dunheved Road, Werrington                   

Councillor John Thain requested that traffic issues surrounding the proposed Red Rooster development at Dunheved Road, Werrington be investigated by the Local Traffic Committee.  Councillor Thain also requested the development application for the proposed development be submitted to Council for its consideration.

 

 

 

 

 

QWN 11    Personal Matter  - to be considered in Committee of the Whole                           

Councillor John Thain requested that an item concerning a personal matter be referred to Committee of the Whole as the item refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

QWN 12    Construction of Footpath - Trinity Drive, Cambridge Gardens                              

Councillor Kath Presdee requested that an amount of $2,925 be allocated from North Ward voted works to the construction of a footpath from the corner of Trinity Drive and Huntingdon Parade, Cambridge Gardens to 41 Huntingdon Parade, Cambridge Gardens.

 

350  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ben Goldfinch that the matter be brought forward and dealt with as a matter of urgency.

 

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

 

 

351  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ben Goldfinch that an amount of $2,925 be allocated from North Ward voted works to the construction of a footpath from the corner of Trinity Drive and Huntingdon Parade, Cambridge Gardens to 41 Huntingdon Parade, Cambridge Gardens.

 

QWN 13    Coles Trolleys - Cambridge Gardens                                                                      

Councillor Kath Presdee requested a memo reply concerning the increase in the number of stray trolleys being discarded in streets surrounding the Coles supermarket in Cambridge Gardens.

 

QWN 14    Council's Management Structure                                                                            

Councillor Greg Davies congratulated the General Manager and Council staff on the new management structure and the efficiency with which various matters have recently been resolved.

 

 

Committee of the Whole

 

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

 

Councillor Ross Fowler OAM left the meeting, the time being 9:26 pm

 

Having previously declared a Pecuniary Interest in Item 2 – Commercial Matter - Expressions of Interest for Construction of Penrith Commuter Carpark Councillor Ben Goldfinch left the meeting, the time being 9:26 pm, and did not return.

 

1        Presence of the Public

 

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

 

 

A Liveable City

 

2        Commercial Matter - Expressions of Interest for Construction of Penrith Commuter Carpark                                                                                                                                             

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Personal Matter

 

This item has been referred to Committee of the Whole as it refers to the personal hardship of a resident or ratepayer and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 9:44 pm and the General Manager reported that the Committee of the Whole met at 9:25 pm on 12 October 2009, the following being present

 

His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Jackie Greenow, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain

 

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

 

CONFIDENTIAL BUSINESS

 

Councillor Ross Fowler OAM returned to the meeting, the time being 9:32 pm.

 

2        Commercial Matter - Expressions of Interest for Construction of Penrith Commuter Carpark                                                                                                                                             

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

CW2 That the information contained in the report on Commercial Matter - Expressions of Interest for Construction of Penrith Commuter Carpark be received.

 

 

3        Personal Matter

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

CW3  That the matter raised by Councillor John Thain in relation to a property in Cranebrook be received and that a further report be provided on the issues raised.

 

 

ADOPTION OF Committee of the Whole

 

RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.

 

 

12      Expressions of Interest Reference 03-09/10 for Construction of Penrith Commuter Carpark                                                                                                                                              

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

That:

1.     The information contained in the report on Expressions of Interest Reference 03-09/10 for Construction of Penrith Commuter Carpark be received.

2.     The following contractors be invited to submit proposals for the Selective Tender for the Penrith Commuter Carpark construction: ADCO Constructions Pty Limited, Arenco (NSW) Pty Limited, Baulderstone Pty Ltd, Buildcorp Pty Limited, Hindmarsh Constructions Australia Pty Ltd, Lipman Pty Ltd, Richard Crookes Constructions Pty Limited & St Hilliers Contracting Pty Ltd.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:46 pm.

 

 

I certify that these 19 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 12 October 2009.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date