8 November 2010

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 8 November 2010 at 7:30PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

 

Craig Butler

Acting General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 11 October 2010.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

 

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Penrith Valley Community Safety Partnership Meeting - 29 September 2010.

Access Committee Meeting - 6 October 2010.

Local Traffic Committee Meeting - 11 October 2010.

Policy Review Committee Meeting - 18 October 2010.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 8 November 2010

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                          

                
          

 
Seating Arrangements

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Kevin Crameri OAM
North Ward

 

Acting Executive Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                          

                 
          

 
   


2010 MEETING CALENDAR

February 2010 - December 2010

(adopted by Council on 9/11/09 and amended by Council on 19/4/10 and on 11/10/10)

 

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

1

 

 

3v

 

19

16#

6ü

11¨

8#

13

(7.00pm)

22#

22

19

24#

21*

 

 

27^

(7.00pm)

 

29

 

Policy Review Committee

7.30pm

15

8

 

10

 

 

9

13@

 

22

 

 

29@

 

 

28

12

30

 

18

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

31

 

 

 

 

 

 

 

 

v

Meeting at which the Draft Operational Plan for 2010/2011 is adopted for exhibition

*

Meeting at which the Operational Plan for 2010/2011 is adopted

#

Meetings at which the Operational Plan quarterly reviews are presented

@

Delivery Program progress reports

^

Election of Mayor/Deputy Mayor

ü

Meeting at which the 2009/2010 Annual Statements are presented

¨

Meeting at which any comments on the 2009/2010 Annual Statements are presented

-                 Extraordinary Meetings are held as required.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Acting Executive Officer, Glenn Schuil.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 11 OCTOBER 2010 AT 7:37PM

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, Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

 LEAVE OF ABSENCE

 

324  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain that leave of absence be granted to Councillor Jim Aitken OAM for the period 14 October 2010 to 6 November 2010 inclusive.

 

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 September 2010

325  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 27 September 2010 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Tanya Davies declared a Pecuniary Interest in Item 18 – Section 96 application for modification to DA10/0289 for a Self Storage Facility on Lot 8 DP 1105133 and Variation to 88b Restriction affecting Lots 1-8 DP 1105133 (No. 142) Old Bathurst Road, Emu Plains. Applicant: Trevor Hitchen;  Owner: Ryan Hitchen Pty Ltd & Emumatta Pty Ltd as the proponent had made a donation to her political campaign.  Councillor Tanya Davies stated that she would leave the Chamber during discussion and debate on this item.

 

 

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 17  - Development Application DA10/0275 - Proposed 2 Lot Torrens Title Subdivision at Lot 200 DP 811535 (No. 28 - 30) Grays Lane, Cranebrook. Applicant: Freeburn Surveying;  Owner: Lexie and Giovanni Cettolin and Item 18 – Section 96 application for modification to DA10/0289 for a Self Storage Facility on Lot 8 DP 1105133 and Variation to 88b Restriction affecting Lots 1-8 DP 1105133 (No. 142) Old Bathurst Road, Emu Plains. Applicant: Trevor Hitchen;  Owner: Ryan Hitchen Pty Ltd & Emumatta Pty Ltd as the applicants are his business clients.  Councillor Ross Fowler OAM stated that he would leave the Chamber during discussion and debate on these items.

 

Councillor Mark Davies declared a Pecuniary Interest in Item 18 – Section 96 application for modification to DA10/0289 for a Self Storage Facility on Lot 8 DP 1105133 and Variation to 88b Restriction affecting Lots 1-8 DP 1105133 (No. 142) Old Bathurst Road, Emu Plains. Applicant: Trevor Hitchen;  Owner: Ryan Hitchen Pty Ltd & Emumatta Pty Ltd as the proponent had made a donation to his wife, Councillor Tanya Davies’ political campaign.  Councillor Mark Davies stated that he would leave the Chamber during discussion and debate on this item.

 

Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 17  - Development Application DA10/0275 - Proposed 2 Lot Torrens Title Subdivision at Lot 200 DP 811535 (No. 28 - 30) Grays Lane, Cranebrook. Applicant: Freeburn Surveying;  Owner: Lexie and Giovanni Cettolin as he exchanged preferences with the applicant during the last Local Government election.  Councillor Kevin Crameri OAM stated that he would leave the Chamber during discussion and debate on this item.

 

Councillor Ben Goldfinch – declared a Pecuniary Interest in Item 17  - Development Application DA10/0275 - Proposed 2 Lot Torrens Title Subdivision at Lot 200 DP 811535 (No. 28 - 30) Grays Lane, Cranebrook. Applicant: Freeburn Surveying;  Owner: Lexie and Giovanni Cettolin as he exchanged preferences with the applicant during the last Local Government election.  Councillor Ben Goldfinch stated that he would leave the Chamber during discussion and debate on this item.

 

Councillor Kaylene Allison declared a Pecuniary Interest in Item 19 – Section 96 Application DA07/0742.02 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: Rev George William Omara;  Owner: Trustees Roman Catholic Church as she is employed by the Catholic Education Office.  Councillor Kaylene Allison stated that she would leave the Chamber during discussion and debate on this item.

 

 

SUSPENSION OF STANDING ORDERS

326  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:44 pm.

 

 

 

 

Mr Ian Doyle

 

Item 15 - Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company Pty Ltd;  Owner: St Marys Land Ltd DA10/0790

 

 

Mr Doyle, representing the proponent, spoke in support of the proposed development.  Mr Doyle stated that there had been an extensive environmental assessment of the site.  Mr Doyle emphasised the social and economic benefits that the development would provide to future residents, as well as the general community, particularly in providing much needed local housing.  Mr Doyle concluded by encouraging Council’s endorsement of the proposed development.

 

                         

Mr Geoff Brown

 

Item 15 - Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company Pty Ltd;  Owner: St Marys Land Ltd DA10/0790

 

Mr Brown, representing the Western Sydney Conservation Alliance, spoke in opposition to the proposed development.  Mr Brown cited issues such as degradation of the environment, as well as traffic congestion on Northern Road as areas of major concern of the Alliance.  Mr Brown also detailed the potential threat to endangered Cumberland Plain Woodland in this area.

 

 

Ms Suzie Wright

 

Item 15 - Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company Pty Ltd;  Owner: St Marys Land Ltd DA10/0790

 

Ms Wright, an interested citizen, representing Nepean Greens, spoke in opposition to the proposed development.  Ms Wright stated that there was critically endangered habitat for flora and fauna in the area of the proposed development and requested proof that the proposal would not endanger this habitat.  Ms Wright suggested that the critically endangered land at this site be reviewed and concerns referred back to the State and Federal Governments.

 

 

Mr Vince Hardy

 

Item 17  - Development Application DA10/0275 - Proposed 2 Lot Torrens Title Subdivision at Lot 200 DP 811535 (No. 28 - 30) Grays Lane, Cranebrook. Applicant: Freeburn Surveying;  Owner: Lexie and Giovanni Cettolin

 

Mr Hardy, the applicant’s planning consultant, spoke in support of the proposed subdivision.  Mr Hardy then addressed areas of concern including adverse impact on the character of the local area.  Mr Hardy stated that the development, whilst inconsistent with the development standard, would not cause any inconsistency with the zone objectives, and that approval would be unlikely to create a precedent and could be approved under the planning transitional arrangements.

 

 

RESUMPTION OF STANDING ORDERS

327  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies that Standing Orders be resumed, the time being 8:13 pm.

 

 

Mayoral Minutes

 

1        Congratulations to Council's Ambassador in the Variety Bash 2010                              

328  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Congratulations to Council's Ambassador in the Variety Bash 2010 be received.

Councillors Jim Aitken OAM, John Thain, Jackie Greenow, Tanya Davies and Greg Davies spoke in favour of the Mayoral Minute.

 

A framed Mayoral Minute was then presented to John Burns and Warren Smith by His Worship the Mayor, Councillor Kevin Crameri OAM.

 

2        Three-bin waste management system highly commended                                               

329  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Three-bin waste management system highly commended be received.

 

3        NSW Planning Minister refuses Patons Lane waste management facility proposal      

330  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tanya Davies

That:

1.      The Mayoral Minute on NSW Planning Minister refuses Patons Lane waste management facility proposal be received.

2.      Council host an afternoon tea to acknowledge the efforts and involvement of the Residents Against Industrial Dump Committee in seeking to have this proposed development refused by the NSW Planning Minister.

 Councillors Tanya Davies and Prue Guillaume spoke in favour of the Mayoral Minute.

 

Reports of Committees

 

Councillor Robert Ardill left the meeting, the time being 8:37 pm

Councillor Robert Ardill returned to the meeting, the time being 8:38 pm.

1        Report and Recommendations of the Waste Services Committee Meeting held on 9 September 2010                                                                                                                  

331  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Waste Services Committee meeting held on 9 September, 2010 be adopted.

 

 

Councillor Tanya Davies left the meeting the time being 8:39 pm.

DELIVERY PROGRAM REPORTS

 

A Leading City

 

1        Sponsorship of City Marketing Events                                                                             

332  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Sponsorship of City Marketing Events be received.

2.     $3,000 be approved to be paid from the City Marketing budget to sponsor the Mamre Homestead 100 mile Dinner on Saturday 30 October 2010.

3.     $5,000 be approved to be paid from the City Marketing budget to sponsor the inaugural International Penrith Jazz Festival 12-14 November 2010.

 

 

2        Appointment of Director to the Board of Penrith Whitewater Stadium Limited             

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

That:

1.     The information contained in the report on Appointment of Director to the Board of Penrith Whitewater Stadium Limited be received.

2.     Amanda Walmsley of the Penrith Lakes Development Corporation be appointed to the Penrith Whitewater Stadium Limited Board.

 

 

 

5        2009-10 Financial Statements                                                                                            

334  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marko Malkoc that the information contained in the report on 2009-10 Financial Statements be received.

 

 

6        Summary of Investments & Banking and  Agency Collection Fees as of 1 September to 30 September 2010                                                                                                                  

335  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Summary of Investments & Banking and  Agency Collection Fees as of 1 September to 30 September 2010 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2010 to 30 September 2010 be noted and accepted.

3.     The graphical investment analysis as at 30 September 2010 be noted.

4.     Agency Collection Fees to be noted. 

 

 

29      Amendment to 2010 Meeting Calendar                                                                            

336  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Amendment to 2010 Meeting Calendar be received.

2.     The 2010 Meeting Calendar be altered so that the Policy Review Committee Meeting scheduled for 15 November 2010 is now held on 22 November 2010 instead.

 

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

 

 

3        Absence of Mayor and Deputy Mayor

337  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Absence of Mayor and Deputy Mayor be received.

2.     Council elect an Acting Deputy Mayor for the period of the Mayor’s and Deputy Mayor’s absence, namely, from 14 October to 6 November 2010 inclusive.

 

 

His Worship the Mayor, Councillor Kevin Crameri OAM, handed over to the Returning Officer (General Manager) Mr Alan Stoneham, to conduct the election of an Acting Deputy Mayor from 14 October to 6 November 2010 inclusive.

 

The Returning Officer indicated that he had received one (1) nomination for the position of Acting Deputy Mayor from 14 October to 6 November 2010 inclusive and that the following nomination was in order:

 

Councillor Ross Fowler OAM was nominated by Councillors Robert Ardill, Mark Davies, Jim Aitken OAM and Marko Malkoc.

 

The Returning Officer then declared Councillor Ross Fowler OAM duly elected as Acting Deputy Mayor from 14 October to 6 November 2010 inclusive.

 

4        Australian Local Government Women's Association 2010 National Conference          

338  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Australian Local Government Women's Association 2010 National Conference be received.

2.     Councillors Jackie Greenow, Karen McKeown, Kaylene Allison, Prue Guillaume and Kath Presdee  be Council’s  delegates at the Australian Local Government Women’s Association 2010 National Conference, to be held in North Ryde from 25 to 27 November 2010, and grant leave of absence as appropriate.

 

30      Appointment of local government members to the Greater Blue Mountains World Heritage Area Advisory Committee

Councillor Mark Davies left the meeting, the time being 8:45 pm.                                                     

339  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Appointment of local government members to the Greater Blue Mountains World Heritage Area Advisory Committee be received.

2.     Councillors Ben Goldfinch and Kevin Crameri OAM be nominated to serve as local government members on the Greater Blue Mountains World Heritage Area (GBMWHA) Advisory Committee for the next three (3) years.

 

 

 

 

A City of Opportunities

 

8        2010 Penrith Community Development Support Expenditure (CDSE) Scheme Category 1 Funding Program Outcomes                                                                                               

340  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc that the information contained in the report on 2010 Penrith Community Development Support Expenditure (CDSE) Scheme Category 1 Funding Program Outcomes be received.

 

 

10      Nomination to fill Vacancy on the Penrith City Children's Services Cooperative (PCCSC)    

341  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Nomination to fill Vacancy on the Penrith City Children's Services Cooperative (PCCSC) be received.

2.     Ms Jo Jacobson be endorsed as Council’s nominee as a community representative Board Director on the Penrith City Children’s Services Cooperative.

 

 

7        Progress on the Implementation of the Women’s Services Sector Advocacy Strategy Action Plan 2009-2012

Councillor Mark Davies returned to the meeting, the time being 8:47 pm.                                         

342  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch that the information contained in the report on Progress on the Implementation of the Women’s Services Sector Advocacy Strategy Action Plan 2009-2012 be received.

 

 

9        Access Committee - Appointment of Community Representatives 2010-12                  

343  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Guillaume

That:

1.     The information contained in the report on Access Committee - Appointment of Community Representatives 2010-12 be received.

2.     The following persons be appointed as community representatives on Council’s Access Committee for the two year term 2010-12:

                                      Mr John Farragher

                                      Mrs Denise Heath

                                      Ms Ronda Hopkins

                                      Mr Michael Morris

                                      Mrs Farah Madon

                                      Mr David Currie

 

3.       A letter be forwarded to all applicants to thank them for submitting an          Expression of Interest for appointment to the Access Committee.

 

 

Councillors Jackie Greenow, Prue Guillaume and Robert Ardill thanked all members on the former Access Committee and looked forward to working with all members of the newly elected Access Committee.

 

11      Promotion of local events                                                                                                   

344  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Promotion of local events be received.

2.     A report be presented to the Policy Review Committee detailing the establishment of a Working Party to investigate alternative options for addressing the promotion of events within Penrith City.

 

 

12      Mayoral Ball                                                                                                                       

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

That:

1.     The information contained in the report on the Mayoral Ball be received.

2.     A contribution of $3,752 be voted from each ward from voted works to cover the net deficit. 

 

 

Procedural Motion

346  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that consideration of  Item 13 - Development Application DA09/0782 Construction of a Service Road from Mulgoa Road and an Access Driveway to an Existing Motor Showroom Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown . Applicant: Penrith Automotive Pty Ltd;  Owner: Penrith Automotive Pty Ltd, be deferred until after discussion and receipt of legal advice on the matter in Committee of the Whole.

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

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

14      Development Application DA10/0602 - 21 Bren Close, St Clair, SEPP 1 Request for Variation to Landscape Area. Applicant: Savio & Fiona Ferreira;  Owner: Savio & Fiona Ferreira      

347  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Development Application DA10/0602 - 21 Bren Close, St Clair, SEPP 1 Request for Variation to Landscape Area be received.

2.     The SEPP 1 objections relating to landscape area be supported.

3.     DA10/0602 for construction of dwelling additions at 21 Bren Close, St Clair be approved subject to the attached conditions:

Standard Conditions

3.1       A001 – Approved Plans

A008 – Works to BCA requirements

A019 -  Occupation Certificate 

A046 – Issue a Construction Certificate

D001 – Sediment and Erosion Control

D007 – Filling of Land requiring Validation Certificate

D009 -  Covering Waste Storage Area

D010 – Waste Disposal Area

E001 – BCA Compliance

H001 – Stamped and Erection of Site Notice

H009 – Cut and Fill details

H041 – Hours of Work

K016 – Stormwater

L008 -  Tree Preservation

L012 – Existing landscaping to be retained

P002 - Fees

Q01F – Notice of Commencement and PCA

Q05F – Occupation Certificate

Special Conditions

3.2      In accordance with the requirements of clause 94 of the Environmental Planning and Assessment Regulation, you are required to install a hard wired smoke detector in the existing dwelling. This detector is to comply with the requirements of AS3786 and must be located in accordance with.7.2 of the Housing Provisions. A certificate from a Licensed Electrician attesting to the installation of the smoke detector is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate

3.3      The external finishes of the dwelling addition are to compliment and blend with the established streetscape and amenity of the area

3.4      The existing garden sheds are to be moved from within the easement for drainage

3.5      No earth works including cut and fill or building works including a retaining wall, garden shed or other structure of the like are permitted within the easement. The easement is to remain at natural ground level at all times.

 

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

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

 

 

 

15      Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company Pty Ltd;  Owner: St Marys Land Ltd                                                                                                DA10/0790

 

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

That:

1.     The information contained in the report on Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be received.

2.     Development Application DA10/0790 for the Stage 1E Residential Subdivision in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be approved subject to the following conditions:

          Standard Conditions

2.1     A001          Approved plans

          A015          Site to be registered allotment

          A042          Asset protection zones in bush fire areas

          A044          Compliance with NSW Rural Fire Service GTAs

A046                    Obtain Construction Certificate before commencement of                  works

B004                    Dust

B005                    Mud/soil

C003                    Uncovering relics

D002          Spray grass

D06A          Validation of fill material

D009                    Covering of waste storage area

D010                    Appropriate disposal of excavated or other waste

D014                    Plant and equipment noise

H01F                    Stamped plans and erection of site notice

H002                    Provision of site facilities prior to commencement of                  construction works

H041                    Hours of construction work

L005                     Planting of plant material

L006                     Australian Standard landscaping requirements

L007                     Tree protection measures

L008                     Tree preservation order

L009                     Tree preservation order (subdivision)

P002                     Fees associated with Council land

Q008                    Subdivision Certificate

Special Conditions

2.2     The development shall be undertaken in a manner which incorporates the recommendations outlined in the Interim Stormwater Management Strategy prepared by J. Wyndham Prince (Document No. 8999Rpt1B) dated 29 July 2010.

2.3     The development shall be undertaken in a manner which incorporates the salinity and groundwater control measures outlined in the Interim Stormwater Management Strategy prepared by J. Wyndham Prince (Document No. 8999Rpt1B) dated 29 July 2010.

2.4     The development shall be undertaken in a manner which incorporates the recommendations outlined in the St Marys Western Precinct Weed Management Plan prepared by Cumberland Ecology (Report No. 7070RP2) dated 16 July 2008.

2.5     The development shall be undertaken in a manner which incorporates the recommendations outlined in the St Marys Western Precinct Feral and Domestic Animal Management Strategy prepared by Cumberland Ecology (Report No. 7070RP3) dated 16 July 2008.

2.6     Prior to the issue of a Subdivision Certificate, a minimum of three (3) trees shall be planted in suitable areas on the site for every healthy native tree removed as a result of the development. These trees shall be indigenous to the local area and consistent with the native vegetation located on the site. Details of the proposed plantings and their maintenance shall be prepared to the satisfaction of Council prior to the issue of a Construction Certificate.

                   The replacement trees shall be maintained until they become                        established and self-supporting, for a minimum period of two (2)                years. If any planted tree dies within this period, it shall be replaced                  with a tree of the same species and to the greatest extent practicable,           the same maturity as the tree that died.

2.7     No fill, machinery or materials shall be placed or stored within the drip line of any tree to be retained on the site.

2.8     No other vegetation (including understory species) shall be cleared as part of this development other than specified on the approved plans.

2.9     An arborist’s report relating to the trees proposed for retention shall be submitted and approved prior to the issue of a Construction Certificate. The arborist’s report shall include consideration of the proposed extent of cut and fill works to confirm whether the trees can be retained on the site. The report shall also specify tree protection measures to ensure that the trees proposed for retention have the best possible chance of surviving the proposed works.

2.10   All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

2.11   All road works, drainage works and dedications required to effect the consented development shall be undertaken at no cost to Penrith City Council.

2.12   Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

2.13   Prior to the issue of a Construction Certificate, a Roads Act application including payment of appropriate application and inspection fees shall be lodged with Penrith City Council, as the Roads Authority, for the following works:

(a)  Opening the road reserve for the provision of utility service lead-in works.

                                The application is required to clearly document the proposed works                      and highlight any potential adverse impacts to Council’s infrastructure                        or streetscape.

                                All works within the road reserve shall be carried out in accordance                      with Penrith City Council’s Design and Construction Guidelines and                          Construction Specification for Civil Works.

                                Penrith City Council (being the Roads Authority under the Roads Act)                            shall approve the works completed on or over the road reserve.                                       Contact Council’s City Works Department on (02) 4732 7777 to                            arrange an inspection of the works (and payment of inspection fees, if                      required).

2.14   A Construction Certificate shall be issued by a Certifying Authority to include the following civil works.

(a)  On-site detention system

(b)  Roads

(c)  Thresholds

(d)  Intersection treatments

(e)  Stormwater drainage

(f)   Stormwater pre-treatment system

(g)  Overland flow paths

(h)  Inter-allotment drainage

(i)   Earthworks

(j)   Cycleways

(k)  Path paving

(l)   Retaining walls

(m) Paving works

(n)  Acoustic barriers

(o)  Line marking and signage

(p)  Laybacks

                                Prior to the issue of a Construction Certificate, the Certifying                                     Authority shall ensure that:

·    Civil design drawings have been prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards.

·    Thresholds have a minimum specification of an 80mm type A paver on 30mm of sand, based on a 150mm thick, F82 reinforced concrete base with a 150mm wide concrete surround and designed for a 40 year design life, based on the prescribed traffic loading for the road.

·    Four-way median islands have been provided at the intersection of Road No. 8 with Road No. 12 and 13. All turn path movements at the intersection shall be designed to accommodate a 12.5m heavy rigid vehicle as defined by AS 2890.2-2002. The median islands shall incorporate pedestrian refuge facilities.

·    Laybacks are provided to align with the submitted building envelope plan (Drawing No. WP-V1e-BEP, Issue B, dated 03/08/10).

·    Salinity measures are incorporated into the Construction Certificate drawings in accordance with the requirements of the Interim Stormwater Management Strategy prepared by J. Wyndham Prince (Document No. 8999Rpt1B) dated 29 July 2010, as located in Appendix L of the Statement of Environmental Effects prepared by JBA Urban Planning Consultants dated August 2010.

·    Shared paths are 2.5m wide, 125mm thick with F72 mesh and approved construction jointing. Shared path line marking and signage shall be in accordance with the relevant Australian Standards and Austroads Guidelines.

2.15   Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that the proposed  roads have been designed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and the following criteria:

Road No.

Chainage (m)

Road Reserve Width (m)

Carriageway Width (m)

Verge (m)

Footpath (1.5m wide)

ESA

8

023.599 – 292.088

15.6

8.0

2 x 3.8

Both sides

2 x 105

12

000.000 – 47.852

12.8

8.0

3.8 (north side)

1.0 (south side)

North side

2 x 105

13

000.000 – 90.000

15.6

8.0

2 x 3.8

Both sides

5 x 104

13

392.580 – 484.562

15.6

8.0

2 x 3.8

Both sides

5 x 104

15

000.000 – 166.679

15.6

8.0

2 x 3.8

Both sides

5 x 104

16

000.000 – 143.227

15.6

8.0

2 x 3.8

Both sides

5 x 104

17

000.000 – 104.151

15.6

8.0

2 x 3.8

Both sides

5 x 104

17

119.980 – 187.109

11.0

6.0

2 x 2.5

-

-

18

112.307 – 144.023

11.0

6.0

2 x 2.5

-

-

22

000.000 – 198.260

15.6

8.0

2 x 3.8

Both sides

5 x 104

2.16   A temporary on-site detention and erosion and sediment control basin shall be provided generally on accordance with the concept plans lodged for development approval prepared by J. Wyndham Prince (Drawing Nos 8953/DA01 – DA12, Issue B and Issue C, dated 29/07/10 and 30/08/10).

                   Engineering plans and supporting calculations for the on-site detention                   system are to be prepared by a qualified Hydrologic/Hydraulic                      Engineer and shall accompany the application for a Construction                 Certificate.

                   An operation and maintenance manual shall be approved by the                             Certifying Authority as part of the Construction Certificate                           documentation.

                   Prior to the issue of a Construction Certificate, the Certifying                       Authority shall ensure that the on-site detention system has been             designed in accordance with Penrith City Council’s Design and                         Construction Guidelines and Construction Specification for Civil                     Works.

2.17   A Stage 3 Road Safety Audit (RSA) shall be undertaken on the proposed road works by an accredited auditor who is independent of the design consultant. A copy of the RSA shall accompany the design plans submitted with the Construction Certificate application.

                   Prior to the issue of a Construction Certificate, the Certifying                       Authority shall ensure that the recommendations of the RSA have                    been addressed in any plans approved with the Construction                         Certificate.

2.18   Inter-allotment drainage shall be provided for all lots that are unable to be drained by gravity to the street system. Inter-allotment drainage shall be constructed with a maximum pit spacing of 50m. Cleaning eyes with inspection covers at finished surface levels shall be provided for all lots serviced by inter-allotment drainage.

2.19   Prior to the commencement of works on the site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004.

2.20   Work on the subdivision shall not commence until:

·    A Construction Certificate (if required) has been issued,

·    A Principal Certifying Authority has been appointed for the project, and

·    Any other matters prescribed in the development consent for the subdivision and the Environmental Planning and Assessment Act 1979 and Regulation have been complied with.

A Notice of Commencement is to be submitted to Penrith City Council two (2) days prior to commencement of engineering works or clearing associated with the subdivision.

2.21   Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

2.22   All existing (aerial) and proposed services for the development are to be located or relocated underground in accordance with relevant authorities regulations and standards.

2.23   Street lighting shall be provided for all new and existing streets of the proposed subdivision. Street lighting shall be designed and installed in accordance with Penrith City Council and the electrical authority standards.

2.24   All filling and earthworks shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and AS 3798. The level of testing shall be determined by the Principal Certifying Authority in consultation with the Geotechnical Testing Authority.

2.25   Soil testing shall be carried out to enable each lot to be classified according to AS 2870 “Residential Slabs and Footings”.

2.26   Prior to the issue of a Subdivision Certificate, the following service authority clearances, stating that services are available to all development lots, shall be obtained and submitted to Penrith City Council:

·   Section 73 Compliance Certificate under the Sydney Water Act 1994;

·   Notification of Arrangement from Integral Energy;

·   Provisioning Certificate from the telecommunications service provider; and

·   Provisioning Certificate confirming the availability of broadband or fibre optic internet access.

2.27   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead‑in works within public road reserve have been inspected and approved by Penrith City Council.

2.28   After completion of all civil works, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

                   As part of the works-as-executed drawings, details of all fill placed on                  the site shall be indicated on a contour fill plan. These details must                  show, by various shadings or cross-hatchings, the depth of any fill             within 0.3m depth ranges.

                   An original set of works-as-executed drawings and copies of                       compliance documentation shall also be submitted to Penrith City                Council with notification of the issue of the Subdivision Certificate                  where Council is not the Principal Certifying Authority.

2.29   After completion of all of the engineering works and prior to the issue of a Subdivision Certificate, CCTV footage (DVD format) and an inspection report (SEWRAT format - prepared by a NATA accredited service provider) of all drainage pits and pipelines shall be submitted to the Principal Certifying Authority. A copy of the CCTV footage and inspection report shall also be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. The CCTV footage shall ascertain the condition of the pits and pipelines at the end of the construction period. Any damaged or defective materials shall be repaired or replaced in accordance with any Penrith City Council directive.

                   (NOTE: The CCTV footage may be rejected if it is found not to be of                   an acceptable quality and standard).

2.30   Prior to the issue of a Subdivision Certificate the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works, and relevant conditions of the development consent.

2.31   Prior to the issue of a Subdivision Certificate the Certifying Authority shall ensure that the on-site detention,  stormwater treatment and overland flow path systems:

·    Have been constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Construction Certificate conditions of development consent.

·    Will operate satisfactorily with regard to any variations or that suitable remedial works have been undertaken.

·    Will operate in accordance with the design intent and Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

          Details of the approved and constructed system/s shall be provided as part of the works-as-executed drawings.

2.32   Prior to the issue of a Subdivision Certificate, a restriction as to user and positive covenant relating to the on-site detention, stormwater treatment and overland flow path systems shall be registered on the title of the property. The restriction as to user and positive covenant shall be in Penrith City Council’s standard wording as detailed in Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

2.33   Prior to the issue of a Subdivision Certificate and installation of regulatory/advisory line marking and signage, plans shall be lodged with Penrith City Council and approved by the Local Traffic Committee. The plans shall include signage and line marking for shared paths and bus stops. All signage and line marking shall be in accordance with the relevant Australian Standards and Austroads Guidelines.

                   NOTES:

(a)  Contact Penrith City Council’s Development Engineering Unit on (02) 4732 7777 for further information on this process.

(b)  Allow eight (8) weeks for approval by the Local Traffic Committee.

2.34   Prior to the issue of a Subdivision Certificate, street signs shall be erected at road intersections.

                                      NOTE:

                                      Proposed road names can be selected from an approved list. An                                              application for other names, in accordance with Penrith City Council’s                                      Street Naming Policy, can also be made. The regulations imposed                                      under the Roads Act require that the proposed road names are                                               advertised on two occasions; firstly as a proposal, and secondly as an                              official naming. This process means that you must pay the required                                  advertising fee to Council before Council can commence this process.                                      Applications for road naming should be made as soon as possible to                                     ensure that this process does not delay the issue of a Subdivision                                  Certificate.

2.35   The final layer of asphalt on the roads shall not be constructed until housing within the estate has reached 80% completion. Prior to the issue of a Subdivision Certificate, a bond for the final layer of outstanding asphalt works (A/C Bond) shall be lodged with Penrith City Council.

                   The value of the bond shall be determined in accordance with Penrith                    City Council’s Bond Policy. The bond will be administered in                              accordance with this policy.

                   NOTE:

                   Contact Council’s Development Engineering Unit on (02) 4732 7777                    for further information relating to bond requirements.

2.36   Prior to the issue of a Subdivision Certificate, a maintenance bond shall be lodged with Penrith City Council for the subdivision works.

                   The value of the bond shall be determined in accordance with Penrith                    City Council’s Bond Policy. The bond will be administered in                              accordance with this policy.

                   NOTE:

                   Contact Council’s Development Engineering Unit on (02) 4732 7777                    for further information relating to bond requirements.

2.37   Prior to the issue of a Subdivision Certificate, the original subdivision plan and ten (10) copies shall be submitted to the Principal Certifying Authority. The Subdivision plan must indicate that:

(a)  “It is intended to dedicate all new roads to the public as road”.

All necessary easements, restrictions and covenants shall be included on the subdivision plan and accompanying 88B instrument.

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

·   The location of all buildings and/or other permanent improvements.

·   The location of all services.

2.38   Prior to the issue of a Subdivision Certificate, an 88B instrument shall be submitted to the Principal Certifying Authority with the subdivision plan. The 88B instrument shall incorporate, but not be limited to, the following:

(a)  Building envelopes.

(b)  Acoustic controls.

(c)  Easements for access and maintenance – allotments which are intended to adjoin a single storey zero lot line wall shall be appropriately burdened with an easement for access and maintenance 900mm wide. Any second storey dwelling component to be positioned above a single storey zero lot line wall shall be setback a minimum distance of 900mm from the property boundary. Excavation works and/or obstructions (i.e. eaves, guttering or services such as electrical meter boxes and stormwater or sewer pipes) shall not be permitted within the maintenance easements.

(d)  Stormwater management controls.

(e)  Residue allotments – no development or building shall be allowed or be permitted to remain on residue lots unless satisfactory arrangements have been made with Penrith City Council for services (water, sewer, electricity and telephone), any outstanding contributions or consolidation with adjoining lots.

(f)   Asset Protection Zones (APZs).

2.39   Prior to the issue of a Subdivision Certificate, a Surveyors Certificate shall be submitted certifying that all services (including stormwater) are located wholly within the proposed lots or are within existing easements or proposed easements indicated on the subdivision plan.

2.40   Prior to the issue of a Subdivision Certificate, a copy of the geotechnical report indicating the soil classification for all lots shall be submitted to Penrith City Council.

2.41   Prior to the issue of a Subdivision Certificate, street trees shall be planted in accordance with the submitted street tree plan (Drawing No. WP-V1e-STP, Issue B, dated 02/08/10). Street trees shall be located so as not to diminish the effectiveness of street lighting.

2.42   Prior to the issue of a Subdivision Certificate, a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed.

                                      The Subdivision Certificate shall not be issued until all conditions of                                 consent, except those relating to ongoing operational matters, have                                     been completed.

2.43   The temporary on-site detention system and erosion and sediment control system shall be maintained by the person with the benefit of the development consent until development run-off is diverted into the ultimate water quality/detention system and the temporary system has been decommissioned. A minimum 12 month maintenance period will apply to the ultimate water quality/detention system when completed.

2.44   All bicycle path construction shall be in accordance with the relevant provisions of the Roads and Traffic Authority’s NSW Bicycle Guidelines and Austroads Guide to Traffic Engineering Practice – Part 14 Bicycles.

2.45   The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

2.46   The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

2.47   The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement.

2.48   The ultimate (permanent) treatment of the intersection of The Northern Road and the southern entry collector road shall be satisfactorily completed prior to the issue of a Subdivision Certificate.

2.49   The proposed Stage 1G road connection to The Northern Road (left‑in/left-out only) shall be satisfactorily completed prior to the issue of a Subdivision Certificate.

2.50   Decorative open-style fencing with associated landscaping shall be provided to the rear of Lots 1162 to 1171 and Lots 1207 to 1212 and to the secondary frontage of Lot 1171. The rear and side fencing to these allotments shall ensure an appropriate level of privacy is afforded to future residents of these allotments. Detailed plans and specifications shall be submitted and approved prior to the issue of a Construction Certificate. The fencing and associated landscaping works shall be satisfactorily completed prior to the issue of a Subdivision Certificate.

2.51   The linen plan of subdivision is to be supported by an 88B instrument in accordance with Section 88B of the Conveyancing Act 1919 creating a positive covenant requiring that future dwellings on Lots 1162 to 1171 and Lots 1207 to 1212 appropriately address the future northern entry collector road to ensure adequate natural surveillance and a suitable aesthetic appearance when viewed from this public area. Council shall be nominated as the only authority permitted to modify, vary or rescind such positive covenant.

2.52   A detailed landscape plan for the road verges at the four-way intersection of Road No. 8, 12 and 13 shall be submitted and approved prior to the issue of a Construction Certificate. All works shall be satisfactorily completed prior to the issue of a Subdivision Certificate.

2.53   A detailed landscape plan for the public pathway adjacent to Lots 1170 and 1171 shall be submitted and approved prior to the issue of a Construction Certificate. The landscape plan shall include details of suitable landscaping, paving, lighting and fencing adjacent to Lots 1170 and 1171. The fencing shall be decorative, low-rise and open-style. The works shall be satisfactorily completed prior to the issue of a Subdivision Certificate.

2.54   Prior to the commencement of works on the site, the remaining Canary Island palm tree associated with heritage item “Site 14” (Dumbles new house and outbuildings) shall be preserved and translocated to another location in the Western Precinct. Details of the proposed translocation and an Interpretation Strategy relating to the former Dumbles house and outbuildings and the remnant palm tree shall be submitted and approved prior to the issue of a Construction Certificate.

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 Kaylene Allison

Councillor Kevin Crameri OAM

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

 

 

 

16      Development Application DA10/0713 for a NSW Police Weapons and Ordnance Disposal Facility and a two lot subdivision to create one lease lot and a residue lot at Lot 221 DP 752037, (No. 667 - 683) The Northern Road, Londonderry. Applicant: Landcom;  Owner: WorkCover Authority of New South Wales                                                                      

 

349  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Development Application DA10/0713 for a NSW Police Weapons and Ordnance Disposal Facility and a two lot subdivision to create one lease lot and a residue lot at Lot 221 DP 752037, (No. 667 - 683) The Northern Road, Londonderry be received.

2.     The State Environmental Planning Policy No. 1 objection to the Development Standard be supported.

3.     The application be referred to the Department of Planning for concurrence in accordance with the requirements of the guidelines for concurrence provisions.

4.     Upon receipt of concurrence from the Department of Planning, Development Application DA10/0713 for a NSW Police Weapons and Ordnance Disposal Facility and a two lot subdivision to create one lease lot and a residue lot at Lot 221 DP 752037, (No. 667 - 683) The Northern Road, Londonderry be determined under delegated authority of the Development Services Manager.

 

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

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

 

 

Having previously declared a Pecuniary Interest in Item 17, Councillors Ross Fowler OAM, Ben Goldfinch and Kevin Crameri OAM left the meeting, the time being 9:07 pm.

The Deputy Mayor, Councillor Jim Aitken OAM then took the Chair for consideration of Item 17.

 

17      Development Application DA10/0275 - Proposed 2 Lot Torrens Title Subdivision at Lot 200 DP 811535 (No. 28 - 30) Grays Lane, Cranebrook. Applicant: Freeburn Surveying;  Owner: Lexie and Giovanni Cettolin                                                                                              

 

350  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that consideration of this item be deferred to a future Council Meeting to allow for a site meeting to be held.

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

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

 

The Deputy Mayor, Councillor Jim Aitken OAM, vacated the Chair, the time being 9:09 pm.

Having previously declared a Pecuniary Interest in Item 18, Councillors Mark Davies and Tanya Davies left the meeting, the time being 9:09 pm.

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:09 pm.

 

His Worship the Mayor, Councillor Kevin Crameri OAM returned to the meeting, and took the Chair, the time being 9:10 pm.

 

 

18      Section 96 application for modification to DA10/0289 for a Self Storage Facility on Lot 8 DP 1105133 and Variation to 88b Restriction affecting Lots 1-8 DP 1105133 (No. 142) Old Bathurst Road, Emu Plains. Applicant: Trevor Hitchen;  Owner: Ryan Hitchen Pty Ltd & Emumatta Pty Ltd                                                                                                               

 

351  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown

That:

1.     The information contained in the report on the Section 96 application for modification to DA10/0289 for a Self Storage Facility on Lot 8 DP 1105133 and Variation to 88b Restriction affecting Lots 1-8 DP 1105133 (No. 142) Old Bathurst Road, Emu Plains be received.

2.     The terms of the easement for access numbered 3 in the deposit plan, relating to lots 1-8 in DP 1105133,  be amended to delete the following wording ‘Access to all lots sharing a common driveway shall be from Old Bathurst Road and within the shared driveways’

3.     The easement for access numbered 3 in the plan be extinguished as it relates to lots 1-8 in DP 1105133

4.     The Council seal be affixed where required to affect the recommendations contained in points two (2) and three (3)

5.     DA10/0289.01 for a Section 96 modification to an approved self storage facility be granted consent under delegation upon completion of recommendations 2-4 subject to the following amended conditions:

1     The development must be implemented substantially in accordance with the following plans/documents:

 

§ Site Plan, numbered 10/110-01 Rev K, drawn by Stor-co Mini Storage Systems, and dated 4 August 2010;

§ Elevations, numbered 10/110-04 Rev B, drawn by drawn by Stor-co Mini Storage Systems, and dated 2 June 2010;

§ Ground Floor Unit Layout, numbered 10/110-02 Rev F, drawn by Stor-co Mini Storage Systems, and dated 25 February 2010;

§ First Floor Unit Layout, numbered 10/110-03 Rev F, drawn by Stor-co Mini Storage Systems, and dated 25 February 2010;

§ Drainage Plan, numbered 87182- D1-D3 Rev C, drawn by Kneebone Beretta & Hall and dated 31 August 2010;

§ Statement of Environmental Effects, prepared by Mullane Planning Consultants and (undated). 

 

       and stamped approved by Council, the application form and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions.

 

As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

6     Any structures or use located in the floodway area (including the future driveway extension) will require the submission of a new development application.

 

Existing surface levels and batters within the drainage easement / floodway area shall not be altered.

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

11   The landscape concept is to be revised to take into account the following matters:

      

§ landscaping along the northern boundary in the floodway (easement) is restricted to tree plantings, and the groundcovers are to be removed to enable the flow of water during a flood event;

§ the landscape bed is to be revised to be consistent with the architectural plans (with emphasis on the depth of the landscaping bed)

§ the provision of fencing, with landscape climbers, restricting access underneath the suspended driveway as required. In front of this area a variety of plantings are to be provided that will grow to a minimum height of 4m to screen the fencing. The length of the landscaped bed should be the first 20m of Stage 1. Species selection must consider impacts on the floodway.

§ fencing forward of the building line is to be black palisade fencing and is to be wholly located behind the landscape plantings

 

       In this regard the revised landscape plan is to be submitted to Penrith City Council for consideration and approval prior to the issue of a Construction Certificate.

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

12   Landscaping works are not to impede the operation of the bioretention basin as shown on engineering plans by Kneebone, Beretta & Hall numbered 87182-D1 issue C dated 31/08/2010.

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

17   All vehicles are to enter and leave the property in a forward direction.  Vehicles are to exit the property by Left Turn only. 

 

       A curved concrete median or curb shall be provided at the driveway exit to prevent right hand turns. Details are to be provided prior to the issue of the Construction Certificate.

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

33   Prior to the issue of a Construction Certificate a Roads Act application, including payment of appropriate application and inspection fees shall be lodged with  Penrith City Council, as the Roads Authority, for the following works:

(a)            Provision of two (2) heavy-duty vehicular crossings. Widths are to be in accordance with AS2890.2-2002 Section 3.4 Access Driveways.

(b)            Opening the road reserve for the provision of services including stormwater.

(c)             Placing of hoardings, containers, waste skips, etc. in the road reserve.

 

       All works within the road reserve shall be carried out in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.

 

       Penrith City Council (being the Roads Authority under the Roads Act) shall approve the works completed on or over the road reserve.  Contact Council’s City Works  Department on (02) 4732 7777 to arrange an inspection of the works (and payment of inspection fees, if required).

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

44   Prior to the issue of a Construction Certificate the Certifying    Authority shall ensure that vehicular access, pedestrian access, carparking and manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS2890.2, AS2890.6 and Penrith City Council’s Development Control Plan.

 

       In this regard the dedicated space and adjacent shared area are to be provided in accordance with AS2890.6:2009

 

       As amended on 11 October 2010 under Section 96 of the Environmental Planning and Assessment Act 1979.

 

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

 

 

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Robert Ardill

 

Councillor Ben Goldfinch

 

Councillor Marko Malkoc

 

Councillor Kevin Crameri OAM

 

 

 

 

Having previously declared a Pecuniary Interest in Item 19, Councillor Kaylene Allison left the meeting, the time being 9:11 pm.

 

19      Section 96 Application DA07/0742.02 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: Rev George William Omara;  Owner: Trustees Roman Catholic Church

Councillors Ross Fowler OAM, Mark Davies and Tanya Davies returned to the meeting, the time being 9:11 pm.   

 

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

That:

1.     The information contained in the report on Section 96 Application DA07/0742.02 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. 17 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 conditions:

Amend Condition 13 to read:

 

The recommendations provided in the Report by Renzo Tonin and Associates in relation to the acoustic assessment are to be implemented. The Renzo Tonin and Associates reports include:

·        Noise Impact Assessment – Corpus Christi Parish Report Ref TD561-01F02 dated 13th June 2007;

·        The additional information supplied by Renzo Tonin and Associates on 29 November 2007 and

·        Noise Compliance Survey – Corpus Christi Parish Report Ref TD561-02F02 (Rev2) dated 21 October 2008.

A report is to be obtained from a qualified acoustic consultant confirming that the development meets the relevant noise criteria and conditions of this consent. This report is to be submitted to the Council within 60 days from the date of this notice.

 

Amend Condition No. 17 to read:

 

All doors and windows are to be closed during the band practice

 

Amend Condition No. 18 to read:

 

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

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

 

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

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

 

For

Against

 

Councillor Prue Guillaume

Councillor Kevin Crameri OAM

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

 

 

 

Councillor Kaylene Allison returned to the meeting, the time being 9:17 pm.

 

A Green City

 

20      Additional Garbage and Recycling Collections - Christmas Period                                

353  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Marko Malkoc

That:

1.       The report on the Additional Garbage and Recycling Collections - Christmas Period be received.

2.       Arrangements be made with SITA and VISY for the implementation of the additional services over the 2010 Christmas period with funding from the Domestic Waste Reserve.

 

21      E-Waste                                                                                                                              

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

That:

1.      The information contained in the report on E-Waste be received.

2.      Council investigate options for an E-Waste collection and storage site until Framework legislation is operational in 2011.

3.      Council write to the Federal Minister for the Environment to seek funding for the on-going collection of E-waste.

4.      A further report be presented to Council detailing the possible cost of potential storage sites.

 

 

A Liveable City

 

22      Neighbourhood Safer Places                                                                                              

355  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1.      The information contained in the report on Neighbourhood Safer Places be received.

2.      The Rural Fire Service be requested to identify Neighbourhood Safer Places for St Marys and Emu Plains.

 

 

 

 

 

 

23      Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel                                                                         

356  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc that the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel be received.

 

 

24      St Marys Spring Festival & Street Parade - Change of Date for Approval of Traffic Management Plans                                                                                                             

357  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on St Marys Spring Festival & Street Parade - Change of Date for Approval of Traffic Management Plans be received.

2.     The approval date of the Traffic Management Plans associated with the St Marys Spring Festival and Street Parade be changed from 4 September 2010 to 30 October 2010.

3.     All previously approved traffic management related conditions remain in place.

4.     The event organiser be advised of Council’s resolution.

 

 

25      Tender Reference 09-10/11 for the provision of Traffic Control Services                      

358  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Tender Reference 09-10/11 for the provision of Traffic Control Services be received.

2.     The tenders received from Site Group Pty Ltd, Orbital Traffic Management (Aust) Pty Ltd and Traffic Logistics Pty Ltd for the provision of Traffic Control Services be accepted (in this ranking order) as the panel of approved contractors for a period of 2 years with an option to extend the arrangements for a further 2 x 12 month periods, in accordance with the conditions within the tender documents.

 

 

 

 

 

 

 

 

26      Western Sydney Car Pool Project                                                                                     

359  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Western Sydney Car Pool Project be received.

2.     Council advise TNSW and associated key stakeholders of our support and commitment to the Western Sydney Carpool project.

3.     An allocation of $5,000 per year, for two years, be approved to support this initiative with funding being made available through the Enhanced Environmental Protection Program.

 

 

27      Floodplain Management Program 2010/2011 - Grant Offer                                            

360  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Floodplain Management Program 2010/2011 - Grant Offer be received.

2.     Council complete and submit the necessary documentation to DECCW to secure the $50,000 grant.

 

 

28      Floodplain Management Authorities 51st Annual Conference - 22 February 2011 to 25 February 2011                                                                                                                     

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

That:

1.     The information contained in the report on Floodplain Management Authorities 51st Annual Conference - 22 February 2011 to 25 February 2011 be received.

2.     Councillors Kevin Crameri OAM, Jim Aitken OAM, Jackie Greenow, and any other available and interested Councillors be Council’s delegates to the 2011 Floodplain Management Authorities Conference and Workshop, to be held at Tamworth from 22 February 2011 to 25 February 2011.

 

 

 

 

 

 

 

 

31      Progress Report and Expressions of Interest Tender Selection for the Penrith Commuter Carpark                                                                                                                               

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

That:

1.     The information contained in the report on Progress Report and Expressions of Interest Tender Selection for the Penrith Commuter Carpark be received.

2.     The following contractors be invited to submit proposals for the Selective Tender for the Penrith Commuter Carpark construction:

a.   A W Edwards Pty Ltd

b.   Laing O’Rourke Australia Construction Pty Ltd

c.   Arenco (NSW) Pty Ltd

d.   Hansen Yuncken Pty Ltd

e.   Richard Crookes Constructions Pty Ltd

f.    ADCO Constructions Pty Ltd

g.   St Hilliers Contracting Pty Ltd

h.   Denham Constructions Pty Ltd

i.    Buildcorp Pty Ltd

 

3.     A further report be submitted to Council to address the Selective Tenders received.

Councillor Greg Davies requested that his name be recorded as having voted AGAINST the recommendation.

 

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          Tree branches - Moira Crescent, St Marys                                                            

Councillor Tanya Davies requested a memo reply concerning the trimming of tree branches growing above power lines at 46 Moira Crescent, St Marys South.

 

RR 2          Dangerous Tree - Council reserve in Daffodil Place, Glenmore          Park 

Councillor Tanya Davies requested a memo reply concerning the removal of a dead tree in the Council reserve opposite 2 Daffodil Place, Glenmore Park.

 

RR 3          Intersection of Wentworth and Darvill Roads, The Vines           (Orchard Hills)   

Councillor Tanya Davies requested that the matter of a dangerous intersection at Wentworth and Darvill Roads, Orchard Hills, in particular the visibility of the intersection from the eastern direction along Wentworth Road, be referred to the Local Traffic Committee for investigation and that a memo reply concerning this matter be forwarded to her.

 

RR 4          Bus Shelter - Mulgoa Road & Fairlight Road, Mulgoa                                         

Councillor Robert Ardill requested a memo reply to all South Ward Councillors detailing the cost of replacing the bus shelter at Mulgoa Road & Fairlight Road, Mulgoa.

 

RR 5          Accommodation of Emu Plains Scout Group                                                           

Councillor Jim Aitken OAM requested a report to Council investigating available premises to accommodate the Emu Plains Scout Group, including the possibility of using the Girl Guides Hall in Nepean Street, Penrith.

 

RR 6          Basketball ring - Erskine Park Netball Training Courts                                        

Councillor Greg Davies requested a memo reply concerning the possibility of providing a basketball ring at the side of the Erskine Park Netball Training Courts.

 

RR 7          Chapel Street, St Marys                                                                                           

Councillor Greg Davies requested that the Local Traffic Committee re-investigate the possibility of providing a pedestrian crossing at Chapel Street, St Marys, and that a memo reply be forwarded to him on this matter.

 

RR 8          Amenities Block - Ched Towns Reserve, Glenmore Park                                     

Councillor Prue Guillaume requested a memo reply detailing how a thorough security assessment of the amenities block at Ched Towns Reserve, Glenmore Park can be undertaken, for both football and junior rugby league, in particular looking into enforcing the responsibilities of key holders to close the amenities after games finish.

 

RR 9          Speed Limits near Child care centres in Penrith LGA                                            

Councillor Prue Guillaume requested that the Local Traffic Committee investigate ways to mitigate speeding around child care centres in the Penrith LGA, looking at the possibility of the reduction of speed limits in these areas, as well as provision of signage or other passive traffic calming measures.

 

RR 10        Changes to graffiti removal program                                                                       

Councillor Greg Davies requested a memo reply concerning possible changes to the graffiti removal program, in particular changing to paint colours for shopping areas that are not conducive to the painting of graffiti and obtaining colour matches from shopkeepers in advance of painting these areas.

 

RR 11        Guidelines for request for reports                                                                            

Councillor Ross Fowler OAM requested a report to Council detailing the reasons for the new guidelines concerning requests for reports and memorandums by Councillors, at Council meetings, and including a program of action to change the procedures to enable requests for reports to be heard and processed by Council.

 

 

Committee of the Whole

 

363  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matter, the time being 9:56 pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Marko Malkoc seconded Councillor Karen McKeown that the press and public be excluded from Committee of the Whole to seek legal advice on the following matter:

 

 

A Leading City

 

2        Legal Matter - Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown      

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 10:26 pm and the General Manager reported that the Committee of the Whole met at 9:56 pm on 11 October 2010, the following being present

 

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

 

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

 

 

CONFIDENTIAL BUSINESS

 

2        Legal Matter - Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown      

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

CW2 That the information on Legal Matter -  Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown be received. 

 

 

 

 

 

ADOPTION OF Committee of the Whole

 

364  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robert Ardill that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.

 

 

13      Development Application DA09/0782 Construction of a Service Road from Mulgoa Road and an Access Driveway to an Existing Motor Showroom Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown . Applicant: Penrith Automotive Pty Ltd;  Owner: Penrith Automotive Pty Ltd                                                                                                            

 

365  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Development Application DA09/0782 Construction of a Service Road from Mulgoa Road and an Access Driveway to an Existing Motor Showroom Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown be received.

2.     The Development Application DA09/0782 Construction of a Service Road from Mulgoa Road and an Access Driveway to an Existing Motor Showroom Lot 100 DP 1058901 (No. 81 - 87) Regentville Road, Jamisontown be refused as follows: 

(a)   The application is inconsistent with Section 91(A)(4) of the Environmental Planning and Assessment Act 1979 as the General Terms of Approval have not been issued from the Roads and Traffic Authority pursuant to Section 138 of the Roads Act 1993 for works to Mulgoa Road

(b)   The application is inconsistent with Section 91(A)(4) of the Environmental Planning and Assessment Act 1979 as the General Terms of Approval have not been issued from the Department of Environment, Climate Change and Water – NSW Office of Water for a Controlled Activity Approval pursuant to Section 91 of the Water Management Act 2000.

3.     Council facilitate an on-site meeting with officers from the  RTA and the NSW Office of Water to discuss the organisation’s concerns with issuing a general terms of approval, and that this meeting be held after 6 November 2010.

4.     Council write to the Ministers responsible for Sydney Water and the RTA seeking their assistance in resolving the matter.

5.     Council write to the State Member for Penrith, Stuart Ayres, seeking his support in the matter.

 

 

 

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

 

For

Against

 

Councillor Kaylene Allison

Councillor Kevin Crameri OAM

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

Councillor Marko Malkoc

 

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 10:28 pm.

 

 

 

 

 



PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·     Their name;

 

·     Organisation or group they are representing (if applicable);

 

·     Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·     Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·           The interest of the speaker (e.g. affected person, neighbour, applicant,        applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        Passing of Dame Joan Sutherland AC DBE

 

2        Passing of Hakusan City Mayor Mitsuo Kado

 

3        Councillor Karen McKeown elected to Local Government Association of NSW

 

4        Draft Health Strategy wins Planning Commendation

 

 



Ordinary Meeting

8 November 2010

A Leading City

 

Mayoral Minute

Passing of Dame Joan Sutherland AC DBE

 

           

 

Dame Joan Sutherland AC DBE, “the voice of the century”, passed away last month.

Her loss has a particular resonance for Council and the Penrith community.

 

Council’s prestigious Joan Sutherland Performing Arts Centre is the only building in the world to bear the name of the much loved opera singer and we are fortunate to be associated with such an iconic Australian.

 

The name Joan Sutherland has long been associated with excellence. From humble beginnings, Dame Joan rose to become one of the world’s finest bel canto singers.

In graciously giving her name to the Performing Arts Centre, Dame Joan also gave generations of future performers the chance to be their very best. Thanks largely to the prestige of the Joan Sutherland Performing Arts Centre, Penrith has developed a reputation as a centre for cultural excellence.

 

The Joan, as it is fondly known, is managed by the Penrith Performing & Visual Arts (PP&VA) Board. It oversees a combination of the visual arts, performing arts and arts education in our City. It has brought the best of performing arts to the region and has been instrumental in establishing our City at the forefront of musical and cultural excellence in Western Sydney.

 

Dame Joan and her husband, celebrated pianist and conductor Richard Bonynge, visited Penrith six times. It was in Penrith in 1990 that Dame Joan, accompanied by Richard, gave her final recital. Appropriately, the recital was given in the Centre’s Richard Bonynge Concert Hall. Another highlight was in 2000 when Dame Joan and Mr Bonynge were granted the keys to the City of Penrith – the first recipients of the City’s highest honour.

 

Penrith Council and the PP&VA are planning a memorial concert to pay tribute to Dame Joan. The concert, which will include performances from former Penrith Conservatorium students, will be a fitting way to honour a woman who was a champion of music education and access to the arts.

 

Penrith is proud of the Joan Sutherland Performing Arts Centre and of its ongoing association with a woman whose name will continue to inspire people around the world for years to come.

 

 

Councillor Kevin Crameri OAM

Mayor

 

 

 

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Dame Joan Sutherland AC DBE be received.

 

 

 


Ordinary Meeting

8 November 2010

A Leading City

 

Mayoral Minute

Passing of Hakusan City Mayor Mitsuo Kado

 

 

           

 

It is with great sadness that I note the passing of Hakusan City Mayor Mitsuo Kado.

 

Penrith City Council values its links with our international partners, including our long standing relationship with Hakusan in Japan.

 

Penrith City entered a Friendship Agreement with Matto City, as it was then known, in November 1989. The agreement was re-signed with Hakusan during Mayor Kado’s visit to Penrith in October 2005.

 

Over the years our relationship with Hakusan has gone from strength to strength and this is largely thanks to Mayor Kado’s influence. His impact was recognised at the international dinner for the 20th anniversary of our Friendship Agreement in Penrith last November.

 

Our agreement has been celebrated through cultural exchanges including visits from early childhood teachers from Kinjo College and the annual student exchanges between Hakusan and Penrith high schools.

 

Several art exhibitions have been mounted to celebrate our relationship with Japan and our cities’ Chrysanthemum societies have worked closely for many years.

 

We have also been fortunate to have Hakusan’s world famous drummers, Hanoo Daiko, perform twice in Penrith City.

 

More personally, Mayor Kado’s beautiful craftsmanship has lent a special touch to some of the gifts from Hakusan. His calligraphy and tea ceremony cups are proudly displayed in our Civic Centre and will be a lasting memorial to a dedicated Mayor and a wonderful man.

 

Penrith City Deputy Mayor Jim Aitken OAM, General Manager Alan Stoneham and I attended a memorial service for Mayor Kado during our recent visit to Japan. A letter of condolence from Council was read out at the funeral service on Sunday, 7 November.

 

 

Councillor Kevin Crameri OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Passing of Hakusan City Mayor Mitsuo Kado be received.

 

 

 


Ordinary Meeting

8 November 2010

A Leading City

 

Mayoral Minute

Councillor Karen McKeown elected to Local Government Association of NSW

Strategic Objective: A Council that behaves responsibly and ethically (5)

           

 

I am delighted to recognise the appointment of Councillor Karen McKeown to the Executive of the Local Government Association of NSW (LGA). On Tuesday, 26 October Cr McKeown was elected to one of 10 metropolitan positions on the Executive at the Local Government Association Conference in Albury.

 

The Local Government Association of NSW and the Shires Association of NSW are the peak industry bodies for Local Government in NSW.

 

Cr Karen McKeown was elected to Council in 2004, served as Deputy Mayor in 2006-2007 and is an active member on many community organisations and committees. Cr McKeown is a National Ambassador for the Year of Women in Local Government, 2010. She is President of the Australian Local Government Women’s Association of NSW and is a member of the Joint Ministerial Advisory Council for Women in Local Government. Cr McKeown is a Director of the Penrith Performing & Visual Arts Board, a member of the Penrith Valley Community Safety Partnership Committee, Council’s Local Traffic Committee, the Senior Staff Review Committee, the Wall of Achievement Awards Working Party and the Community Relations Commission of NSW Nepean Blacktown Regional Advisory Council. She is also a member of the Blue Mountains/Nepean Interagency Taskforce on Homelessness and the Greater Western Sydney Regional Homelessness Committee. Her commitment to preserving the environment saw her appointed as one of two Council Sustainability Champions and she has represented Council and the City on environmental topics since 2005.

 

These positions and appointments clearly reflect Cr McKeown’s commitment to serving the people and the City of Penrith. She represents her community with passion and integrity, and her appointment to the LGA Executive is another example of her dedication.

 

Once again, I congratulate Cr McKeown on this impressive achievement.

 

 

Cr Kevin Crameri OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Councillor Karen McKeown elected to Local Government Association of NSW be received.

 

 

 


Ordinary Meeting

8 November 2010

A Leading City

 

Mayoral Minute

Draft Health Strategy wins Planning Commendation

Strategic Objective: A Council that plans responsibly for a sustainable future (3)

           

 

It gives me great pleasure to congratulate Penrith City Council staff on winning a Commendation award for our draft Health Strategy and Action Plan in the 2010 NSW Awards for Excellence in Planning.

 

The draft Health Strategy won the Commendation in The Planning Institute of Australia NSW Division’s Planning for Healthy Urban Environments category, which was announced at a presentation at Pyrmont Bay on November 3.

 

The Planning Institute recognised Penrith City Council’s plan as an innovative example of the significant role Councils can play in creating supportive environments for health and wellbeing. The Institute also commended Council’s range of programs, policies and environmental improvements to promote social, physical and mental health.

 

The Excellence in Planning awards promote the benefits of planning to the community at large, recognise the outstanding achievements of planners and acknowledge the role of public and private organisations in creating environments of distinction. State winners are automatically entered in the Institute’s Annual National Awards for Excellence, which will be held next year.

 

Council was represented on the night by Acting Deputy Mayor Ross Fowler OAM, Group Managers Ruth Goldsmith and Roger Nethercote and a number of staff from Environmental Health and Development Services.  

 

The draft Health Strategy and Action Plan promotes the health and well being of our communities and outlines actions designed to promote social, physical and mental health through programs, policies, events and environmental improvements.

 

I would like to congratulate those who have been involved in the development of the draft Health Strategy, including staff from the following departments; Sustainability and Planning, Community and Cultural Development and Environmental Health. I would also like to particularly mention Monique Desmarchelier and Anthony Price, who were instrumental in developing the strategy.

 

 

Kevin Crameri OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Draft Health Strategy wins Planning Commendation be received.


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 29 September 2010

 

2        Report and Recommendations of the Access Committee Meeting held on 6 October 2010

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 11 October 2010

 

4        Report and Recommendations of the Policy Review Committee meeting held on 18 October, 2010

 

 



Ordinary Meeting

8 November 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Penrith Valley Community Safety Partnership MEETING

HELD ON 29 September, 2010

 

 

 

PRESENT

Councillor Kaylene Allison, Councillor Karen McKeown, Councillor Prue Guillaume, Ben Feszczuk - Penrith Local Area Command, Julie Passau - Penrith Local Area Command, Jeni Pollard - Penrith City Council, Katerina Tahija - Penrith City Council, Trudy Grant - Penrith Youth Interagency, Olivia Kidon - Penrith City Council, David Burns - Penrith City Council, Yvonne Perkins - Penrith City Council, Peter Butler – RailCorp, Murray Halls - Penrith City Council, Kylie Chang - St Marys Local Area Command, Ray Filewood -St Marys Local Area Command, Erin Davidson - Penrith City Council.

 

APOLOGIES

His Worship the Mayor, Councillor Kevin Crameri OAM, Wendy Herne - St Clair Erskine Park Community Safety Association Inc, Gladys Reed - Penrith City Centre Association, Susan Page - Glenmore Park Action Group, Mary Cook - Glenmore Park Action Group, Grant Healey - Penrith Local Area Command, Kristy Williams - St Marys Local Area Command, Linda Baumgartner - Penrith Local Area Command, Gina Field - Penrith Valley Chamber of Commerce, Tracy Leahy - Penrith City Council, Allison Dunsdon – RailCorp, Patrick Conway - RailCorp.

 

CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 30 June 2010

The minutes of the Penrith Valley Community Safety Partnership Meeting of 30 June 2010 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

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

1.   Alcohol Free Zones and Alcohol Free Areas

Olivia Kidon advised that since the last Penrith Valley Community Safety Partnership meeting a report recommending the proposed establishment for two Alcohol Free Zones and four Alcohol Free Areas was approved at Council’s Ordinary meeting on 19 July 2010.

Installation of this signage is currently in progress.

 

A further three requests for Alcohol Free Areas and one additional Alcohol Free Zone have been received since the June Partnership meeting and have been added to the list for further investigation.

 

2.   NSW Attorney General Projects

‘Plate Safe’ Program

Olivia advised that since the last Partnership meeting a further three fitting sessions have taken place at Production Automotives. A further 37 cars were fitted with the anti theft screws during these sessions, bringing the total number of vehicles fitted to 150.

 

Olivia further advised that during discussions with National Locksmiths they have advised that alternative screws are now available which will assist in reducing the time taken to install the screws. These screws will be used for the remainder of the fittings.

The following two public fitting session have also been scheduled, with fittings being conducted between 10.00am and 3.00pm:

 

·    Saturday 30 October 2010 – St Marys Rugby League Car Park, Forrester Road, St Marys

·    Saturday 6 November 2010 – Soper Place Car Park, Corner Belmore and Lawson Street, Penrith

 

Jane Street Car Park CPTED Project

Olivia advised that the Jane Street Car Park CPTED project was completed in June 2010. An evaluation period is now in place for the next three months and will conclude at the end of September 2010. The evaluation will assess the impact of the upgrades on reducing levels of steal from motor vehicles at this location.

 

3.    Domestic Violence Resource Project

Olivia advised that the Domestic Violence Resource Project is now at stage two. An expression of interest has been advertised to engage a casual worker to coordinate the second stage of the project, the delivery of training activities for non government community workers within the Penrith Local Government Area around domestic and family violence. The closing date for applications has been extended to 30 September 2010.

 

4.   Reclaim the Night – Nepean Domestic Violence Network

Olivia advised that the Nepean Domestic Violence Network has had a few meetings in preparation for the Reclaim the Night event.

 

Olivia further advised that traditionally Reclaim the Night is an international march against sexual violence. This year the Nepean Domestic Violence Network is holding an information event distributing flyers and balloons at Westfield Penrith Plaza and the Green Space, Penrith and St Marys Village Shopping Centre, St Marys from 6.00pm to 8.00pm.

 

5.   Cranebrook Street Lighting Enhancement Project

Yvonne Perkins advised that Connect Infrastructure Construction received approval in mid August to commence construction and installation of lighting within identified areas in Cranebrook.

 

The status of works at each location is:

 

·    Pendock Road is fully completed

·    Nepean Street is currently 50% completed

·    Nepean Street and Warndon Place is currently 30% completed

·    Pendock and Martley Way is currently 5% completed

 

The progress of work is currently on track and is scheduled to be completed by December 2010.

 

6.   Draft Code of Practice – Public Spaces CCTV Program

Yvonne advised that the Public Spaces CCTV Code of Practice was adopted by Council at its Policy Review Committee Meeting on 30 August 2010.

 

7.   Citywide Graffiti Minimisation Strategy

Warner Group Graffiti Education Program – Presentation

David Burns advised that during the 2009/2010 financial year the Warner group has delivered 67 performances to primary school students and 47 performances to secondary students.

 

The program will continue to be delivered throughout 2011.

 

David also advised that graffiti reports are trending down and hot spots are declining in recorded incidents.

 

Graffiti Contractor

Murray Halls advised that the graffiti removal contractor that was engaged late 2009 for the continuation of graffiti removal from private property across the City has asked to be released from their contract. 

 

A new tender process to engage a Graffiti Removal Contractor for the removal of graffiti from private property was undertaken, with Wundaguard being appointed the successful applicant. Wundaguard will commence this week.

 

A further report will be tabled for the November meeting, including updated graffiti figures and statistics.

 

E-nose Graffiti Sensor 

David advised that a meeting was held with the providers of E-Nose, where a demonstration and overview of the product was provided.

 

E-nose will be trialled at two locations, ie Cambridge Park Hall and Werrington Lakes Amenities, for a period of three months.

 

David further advised that the device detects aerosol or solvents that are commonly contained within spray paints. Once the aerosol or solvent has been detected the device sends a text message to a registered phone number to alert it has detected an aerosol or solvent sprayed in its vicinity.

 

 

8.   Red Cross Park Bollard Lighting Project

Olivia advised that a community safety audit was conducted in and around the Kingswood Station area in early 2009.

 

Red Cross Park, located on the corner of Somerset Street and the Great Western Highway was identified as having high pedestrian traffic, at both the day time and night time audit, and being poorly lit for the pedestrian traffic.

 

As a result of the community safety audit, Council officers investigated options for the installation of bollard lighting along the path to provide appropriate lighting.

 

Scoping works have commenced and quotes are currently being received for the supply and installation of low voltage power supply in Red Cross Park.

 

Jeni Pollard further advised that this location has been identified as a suitable location to incorporate a cultural arts project. Discussions will continue with Jeni to continue to develop and implement this element of the project.

 

9.  Pedestrian Laneway Closures and Upgrades

Yvonne advised that Council has conducted investigations into the potential physical closure of five identified laneways within the Penrith Local Government Area in response to ongoing requests from residents regarding antisocial behaviour.

 

Yvonne further advised that following the assessment process it was determined that three of the five laneways were suitable for physical closure. Morningbird Lane, St Clair, McCartney Lane, St Clair and Vista Lane, Penrith will have security fencing and gates installed at each end of the laneway to physically restrict public access.

 

The other two remaining laneways, Rodley Lane, Penrith and Ball Lane, Colyton will remain open. Further community safety enhancement strategies will be investigated to minimise the negative impacts on surrounding residents.

 

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

 

2        Funding of Domestic Violence projects in the Penrith Local Government Area            

Olivia advised that funding is primarily obtained from the NSW Department of Justice and Attorney General and Community Services NSW although the NSW Department of Justice and the Attorney General is now reluctant to fund non Crime Prevention Through Environmental Design (CPTED) projects.

 

The Department of Premier and Cabinet recently launched the Domestic and Family Violence Action Plan which Olivia advised focuses on the integrated and coordinated response of government to domestic and family violence.

 

 

 

Olivia further advised that recently announced funding under this action plan excluded the Penrith region from receiving recurrent funding to support existing domestic violence support services.

 

The Bridges Project, which is auspiced by the Penrith Women’s Health Centre, provides a link for victims of domestic violence to support services and workers for assistance within the Penrith region. The funding for this project, which is non recurrent ceases in June 2011.

 

The report recommended that Council write to the Department of Premier and Cabinet requesting that the Penrith region be included for recurrent funding to support existing Domestic Violence Proactive Support Services (DVPASS) administered and coordinated locally through the Bridges Project.

 

RECOMMENDED That:

 

1.     The information contained in the report on Funding of Domestic Violence projects in the Penrith Local Government Area be received.

 

2.     Council write to the Department of Premier and Cabinet requesting that the Penrith region be included for recurrent funding to support existing Domestic Violence Proactive Support Services (DVPASS) administered and coordinated locally through the Bridges Project.

 

 

Regular Items

 

A)      Police Statistics

 

Penrith Local Area Command Crime Statistics

 

June 2010 – August 2010

 

Crime Category

June

July

August

Assault

93

88

71

Robbery

3

3

8

Break & Enter

32

49

47

Stealing

140

139

137

Steal Motor Vehicle

23

31

33

Malicious Damage

118

115

113

Drug Detection

34

28

21

Traffic Offences

547

529

557

Motor Vehicle Accident

67

71

79

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


St Marys Local Area Command Crime Statistics

June 2010 – August 2010

 

Crime Category

June

July

August

Assault

117

101

113

Robbery

7

4

9

Break & Enter

60

57

61

Stealing

128

149

153

Steal Motor Vehicle

32

46

27

Malicious Damage

135

143

137

Drug Detection

30

29

14

Traffic Offences

758

573

599

Motor Vehicle Accident

61

59

74

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B) What’s in the Media?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


GENERAL BUSINESS

 

GB 1          Farmers Market                                                                                                       

Yvonne advised that the Farmers Market has applied for an Alcohol Free Area exemption. Upon receiving the request it has been highlighted that there is a need to review the process of applying for exemptions.

Yvonne further advised that the following will be considered during the review period:

·    The submission date will be reduced to 30 days rather than 60 days prior to the proposed exemption;

·    The public liability clause be amended to reflect a minimum $10 million cover rather than $20 million cover;

·    Nomination of the Public Domain Amenity and Safety Manager as the relevant Manager to authorise exemptions.

Yvonne requested anyone with feedback on the current policy and proposed changes to email Olivia Kidon. The policy document will be amended and submitted to the next Council Policy Review Committee Meeting on 18 October 2010.

 

 

 

GB 2          Mondo Meeting                                                                                                        

Katerina reported on the stakeholders working group which discusses issues arising in the Green Space.

 

The PCYC truck has been secured for the next six months to provide activities to young people within the Green Space on Thursday nights.

 

Katerina also advised that Father Chris Riley was invited to a working group meeting to provide a presentation on the programs he delivers to young people.

 

Fusion Youth Services will also provide games and activities to young people in the Green Space on Thursday nights.

 

Ben Feszczuk also advised that the management of Westfield Penrith Plaza has asked for additional police officers to be present in the Green Space of a Thursday evening. This arrangement is on a ‘user pay’ arrangement.

 

 

GB 3          Next Meeting Update                                                                                               

David advised that at the next meeting there will be a status report on the Penrith Valley Community Safety Plan with details on the further development of the new plan.

Yvonne advised that Council may seek to apply for a one year extension of the current plan.

 

There being no further business the Chairperson declared the meeting closed the time being 8.10pm.

 

 

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 29 September, 2010 be adopted.

 

 

 


Ordinary Meeting

8 November 2010

A City of Opportunities

 

REPORT AND RECOMMENDATIONS OF THE
 Access Committee MEETING

HELD ON 6 October, 2010

 

 

 

PRESENT

Councillor Prue Guillaume (Chair), Ronda Hopkins, John Farragher, Sherille Stephens, Denise Heath, Councillor Robert Ardill (5.30pm).

 

IN ATTENDANCE

 

Joe Ibbitson, Community Programs Coordinator; Robyn Brookes, Disability Services Officer; Vanessa Muscat, Environmental Health and Building Surveyor; Ben Felten, Disability Access Officer; Josh Martin, Asset Coordinator; Steve Barratt, Building Compliance Coordinator; Robert Craig, Senior Environmental Planner; Jeni Pollard, Acting Community and Cultural Development Manager.

 

APOLOGIES

Apologies were accepted from Councillor Jackie Greenow, Erich Weller, Graham Howe and Michael Morris.

 

CONFIRMATION OF MINUTES - Access Committee Meeting - 4 August 2010

The minutes of the Access Committee Meeting of 4 August 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

5        Development Application Referrals to the Access Committee                                       

Robert Craig spoke to the development application for the Jordan Springs estate, the former ADI site.

 

Robert Craig advised that Council has previously approved several subdivisions (approximately 100 lots).  These subdivisions are in the initial stages of development. Part of the initial stage of development is the village centre which includes a main street and town square.

 

In February, a DA was considered for the sales and information centre at Jordan Springs.  Robert Craig presented plans for the proposal on the screen.

 

The current proposal includes landscaping and works to the southern entry boulevard, embellishment works to the new town square including landscaping, paving, planting, street furniture and a water feature.  There will also be a grassed performance area to the north east of the town square.  The applicants have submitted an access report with the key issues considered being the paved surfaces, footpath access and kerb ramps, accessible parking, stairways and street furniture.

 

Some issues discussed by the Committee included:

 

·    appropriate signage to the ramp

·    a safety railing around the water area

·    level access from the path to the performance and gathering space

·    the new standard requiring level transition from the grass to the pathway

·    no requirements for fencing around lakes but the railing will be over the requirement

·    the depth of the water in the lake.

 

Councillor Robert Ardill arrived at the meeting at 5.30pm.

 

Robert Craig advised that the lake is a storm water retention point.  There is a separate development application for the lake which will have a cosmetic function as well as a drainage function.  The maximum depth at the centre of the lake is two metres.

 

Vanessa Muscat advised that in other developments there are signs around the lake saying no swimming, fishing, etc.

 

Further issues discussed were:

 

·    concern regarding this being a family orientated area and the worry that children will jump into the water

·    relief seating

·    the need for bollards to have contrasting colours – red and yellow or reflective for night-time

·    suggestion to ask for a colour schedule.

 

Robert Craig indicated that the Access Report highlighted that the number of bollards be reconsidered, there is a pinch point between a bench seat and landscaping features, a need for wheelchair seating space in the performance and gathering space and a need for companion seating.  The developer has agreed to these additional works.

 

Robert Craig advised that the matters raised would be incorporated in the detailed construction plans.

 

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

 


 

1        Projects and Activities - Disability Access Improvement Program
2010-2011

Ben Felten spoke to the Disability Access Improvement Program 2010/11 report.  Ben Felten advised that there was a revote of $3,243 from last year’s budget to this year’s budget with the total budget now $28,243.

 

Robert Craig left the meeting at 5.43pm.

 

Ben Felten advised that the original pool hoist did not meet requirements. The company agreed to remove the hoist and has constructed a permanent pool hoist in same location which was installed on 7 October 2010.

 

Ben Felten suggested that it could be arranged for the Access Committee members to have an inspection of the pool hoist.

 

Other issues discussed were:

 

·    a wet wheelchair, which will especially benefit children

·    possible development of an information kit concerning making business more accessible

·    organising a breakfast or lunch forum to promote the benefits of an accessible business

·    establishing a job disability network.

 

Ben Felten undertook to provide more information on the Disability Access Improvement Program project and activities to the Access Committee throughout the course of the year.

 

RECOMMENDED that:

 

1.     The information contained in the report on Projects and Activities - Disability Access Improvement Program 2010-11 be received.

2.     The list of proposed projects identified in the report be endorsed as the 2010-11 Disability Access Improvement Program.

 

2        Master Locksmith Access Key Scheme                                                                           

Ben Felten reported that the Master Locksmith Access Key (MLAK) scheme is to be implemented across Penrith.  A list of the 19 Council owned MLAK fitted accessible toilets is provided in the report.

 

The implementation of the MLAK program is in collaboration with Penrith Disabilities Resource Centre (PDRC).  The application form is available on Council and PDRC’s websites.

 

The media release and brochure will be displayed at the front counter and on Council’s website.  Ben Felten asked the members of the Committee for feedback on the brochures. 

 

Some suggestions made by the Committee members included:

 

·    front page corner MLAK key scheme picture –  the writing is not legible – it was advised that this is an example of the signage – suggestion to place the words “example signage” or similar near the picture

·    there needs to be a space on the back between “contact” and “Penrith”

·    suggestion to put an asterisk next to the toilets on the list which are not open 24 hours a day

·    suggestion to put times next to the toilets on the list.

 

Ben Felten advised that the list of accessible toilets will also be included on Council and PDRC’s websites.

 

RECOMMENDED that:

1.   The information contained in the report on Master Locksmith Access Key Scheme be received.

2.   A letter of thanks be forwarded to the Penrith Disabilities Resource Centre acknowledging their significant contribution and involvement with the implementation of the MLAK scheme across the Penrith area.

 

3        Access Committee Community Members Feedback - Orientation and Support            

Robyn Brookes advised that the report provides background to a brief survey to be distributed to members of the Access Committee.  The survey will obtain members’ feedback on the orientation process they undertook at the commencement of their term and also on support provided to them.

 

Joe Ibbitson handed out the surveys to the community members of the Access Committee.

 

Robyn Brookes explained that any information or feedback provided would assist in orientating the new community members.  The survey, which is confidential and comprises a short list of questions, can be posted back or handed in at the front counter.

 

Joe Ibbitson advised that a report has been prepared about the Expressions of Interest for appointment as a community member to the Access Committee for Council’s consideration at the Ordinary Meeting on 11 October 2010.

 

Robyn Brookes stated that the orientation training for the new Committee will occur in November.  She asked for survey responses within the next two weeks to assist with the review of the orientation package.

 

RECOMMENDED that:

 

1.     The information contained in the report on Access Committee Community Members Feedback - Orientation and Support be received.

2.     A brief survey seeking feedback from community members on the Access Committee be distributed and completed to assist Council officers in preparing the information package and orientation for new community members.

 

 

 

4        Disability (Access to Premises - Buildings) Standards                                                     

Steve Barratt spoke to the report which details the changes to legislation regulating access to buildings and the problems with the differences between the Building Code of Australia (BCA) and the Disability Discrimination Act (DDA).

 

In 2011 the BCA will be amended to include access in line with standards in the DDA.  This will apply to new building work, not retrospectively. Steve Barratt advised that this is a big step forward as it will remove the inconsistency between the two Acts.

 

Other matters discussed included:

 

·    unjustifiable hardship

·    alternative solutions

·    parking heights

·    the new standards being available on the HREOC website.

 

Steve Barratt undertook to provide further details to the Access Committee before the new standards are implemented.  It was also suggested that at the February 2011 meeting the role of the Committee in providing input on major developments would be discussed further.

 

RECOMMENDED that the information contained in the report on Disability (Access to Premises - Buildings) Standards be received.

 

GENERAL BUSINESS

 

GB 1          2010 Nepean Disability Expo                                                                                   

Ben Felten reminded Committee members that the 2010 Nepean Disability Expo opens on Friday 22 October 2010 at 9.30am.  An invitation is extended to all Councillors and community representatives to attend the Expo.  Ben Felten advised that there will be over 100 exhibitors and a series of information sessions will be held. Information cards and posters advertising the event are available.

 

GB 2          National Disability Strategy                                                                                     

Robyn Brookes advised that the draft National Disability Strategy was reported to the Access Committee in August.  It was explained that because there were significant consultations in developing the draft it is going to the next COAG meeting and then will become a final strategy.  After that there will be consultations about the implementation process which will occur in the new year.  The National Disability Strategy will be discussed further by the Access Committee.

 

GB 3          Civic Centre Lift Upgrades                                                                                      

Vanessa Muscat advised that the lift upgrades in the Civic Centre had been completed and all lifts are now accessible.

 

 

 

 

 

GB 4          Hearing Loop                                                                                                            

Ben Felten advised that the hearing loop in the Nepean Room has now been commissioned.

 

GB 5          Upgrade of the Civic Centre First Floor Toilet                                                       

Ben Felten stated that quotations have been sought for the upgrade of the first floor toilet and there is a firm commitment the work will go ahead this year.

 

Councillor Prue Guillaume acknowledged that this was the last meeting of the current Access Committee.  The new Committee will attend the December meeting.  Joe Ibbitson thanked all the Committee members.

 

There being no further business the Chairperson declared the meeting closed the time being 6.35pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 6 October, 2010 be adopted.

 

 

 


Ordinary Meeting

8 November 2010

A Liveable City

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 11 October, 2010

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Councillor Karen McKeown – Representative for the Member for Mulgoa, David Lance - Roads and Traffic Authority, Sergeant Natasha Crawford – Penrith Police, The Mayor – Councillor Kevin Crameri OAM, Wayne Mitchell – Group Manager City Infrastructure, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer

 

IN ATTENDANCE

Phil Davies – Westbus, Darrell Boggs – Investigation Officer

 

APOLOGIES

Councillor Jackie Greenow, Pat Sheehy AM Emeritus Mayor – Representative for the Member for Londonderry, Senior Constable Mark Elliott – St Marys Police, Adam Wilkinson – Engineering Services Manager, Alyce Kliese – Trainee Engineer, Noel Fuller – Co-ordinator Ranger Services, Steven Purvis - Ranger

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 6 September 2010

The minutes of the Local Traffic Committee Meeting of 6 September 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Seventh Avenue, Llandilo - Request for Time Limited On-Street Parking Restrictions

RECOMMENDED

That:

1.     The information contained in the report on Seventh Avenue, Llandilo - Request for Time Limited On-Street Parking Restrictions be received.

2.    Time limited on-street parking zones, on the north side of Seventh Avenue, not be provided at this time.

3.    ½-hour timed parking (8.00am-4.00pm School Days) be provided on the southern side of Seventh Aven ue at the frontage of the shops and Post Office, being no. 255 Seventh Avenue, Llandilo, between the driveways east and west of the main shop building, with the exception of the post box zone restrictions.  This timed parking will be on a trial basis until 30 June 2011.

4.    Full-time “No Parking – Australia Post Vehicles Excepted” be provided for the 7m (approximately) of the public post box zone.  The parking restrictions commence 3m to the west of the existing Australia Post Box for a distance of 12m to the western driveway entrance to the shops.  This timed parking will be on a trial basis until 30 June 2011.

5.    The Llandilo shopkeepers, Post Office Licensee, Public School Principal and the Llandilo Parents and Citizens’ Association be advised of Council’s resolution and opportunity is available to provide feedback on how the changes are working during the trial period.

6.    The Llandilo Parents and Citizens’ Association be advised that a “No Stopping” zone to the west of the school driveway not be provided at this time.

7.    The Mayor, Councillor Kevin Crameri OAM be advised of Council’s resolution.

 

 

2        Penrith City Centre - Proposed Load Limit Within High Pedestrian Activity Area       

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Centre - Proposed Load Limit Within High Pedestrian Activity Area be received.

2.   A 3-tonne load limit be imposed, under Rule 104 of the Australian Road Rules, in the Penrith City Centre in:

· High Street, between Henry Street and Lawson Street ;

· Henry Street, between Worth Street and Gaymark Lane;

· Riley Street, between Jane Street and High Street;

· Station Street, between Jane Street and Union Lane;

· Woodriff Street, between High Street and Union Lane;

· Castlereagh Street, between High Street and Tindale Street; and

· John Cram Place.

 

3.    The proposal be advertised in the local newspapers and the Government Gazette for a period of two weeks.

4.    The Penrith City Centre Association and Chamber of Commerce, together with shopkeepers and property owners of affected properties in the Penrith City Centre be advised of the proposal.

5.    The Roads and Traffic Authority and NSW Fire Brigades be advised of Council’s resolution.

 

 

3        Blackwell Avenue, St Clair - Provision of Full-Time 'Bus Zone' at Blackwell Public School   

RECOMMENDED

That:

1.     The information contained in the report on Blackwell Avenue, St Clair - Provision of Full-Time 'Bus Zone' at Blackwell Public School be received.

2.     A full time ‘Bus Zone’ be provided for a length of 15.0m on the northern approach to the Pedestrian Crossing in front of Blackwell Public School. The ‘Bus Zone’ commence 23m from the crossing.

3.     The existing timed 8:00am–9:30am and 2:30pm–4:00pm school days Bus Zone  on the southern side of the pedestrian crossing be reduced to 14m and the existing Kiss and Drop Zone be extended by 6.0m

4.     A full time ‘Bus Zone’ be provided on the western side of Blackwell Avenue on the corner of McCartney Crescent to replace the existing timed 8:00am‑9:30am and 2:30pm–4:00pm school days ‘Bus Zone’.

5.     Westbus, Blackwell Public School and Blackwell Public School P&C be advised of Council’s resolution.

 

 

4        Penrith City Centre - Proposed Temporary City Centre Christmas Shuttle Bus           

RECOMMENDED

That:

1.     The information contained in the report on Penrith City Centre - Proposed Temporary City Centre Christmas Shuttle Bus be received.

2.     The route for the temporary shuttle bus service be approved for the period inclusive of 29 November to 24 December 2010.

3.     Temporary “Bus Zone” restrictions replace the existing “No Parking” area directly opposite the Nepean Centro driveway in Reserve Street (north side) for the period inclusive of 29 November to 24 December 2010.

4.     Temporary “Bus Zone” restrictions be installed to supplement the existing “Taxi Stand” adjacent to the Australia Post collection box in High Street (north side) immediately east of Woodriff Street, for the period inclusive of 29 November to 24 December 2010.

5.     Temporary “Bus Zone” restrictions replace the existing “No Parking” area on the western side of Riley Street outside number 21 for the period inclusive of 29 November to 24 December 2010.

6.     The Taxi Council and Premier Cabs be consulted by the Penrith City Centre Association regarding the temporary “Bus Zone” restrictions supplementing the existing “Taxi Stand” adjacent the Australia Post collection box in High Street, east of Woodriff Street.

7.     Council consult the Ministry of Transport for approval of the temporary Penrith City Centre Shuttle Bus Service route and operator, for the period inclusive of 29 November to 24 December 2010.

8.     The applicant be advised of Council’s resolution.

 

 

5        School Zone Alert Systems - Penrith Anglican College & Nepean High School            

RECOMMENDED

That:

1.     The information contained in the report on School Zone Alert Systems - Penrith Anglican College & Nepean High School be received.

2.     Council and the Committee note the information.

 

 

6        Hall Street & Atchison Street, St Marys and Aldington Road & Abbotts Road, Kemps Creek - Reverse T-Intersections                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Hall Street & Atchison Street, St Marys and Aldington Road & Abbotts Road, Kemps Creek - Reverse T-Intersections be received.

2.     Hall Street and Atchison Street, St Marys remain as a reverse T-intersection.

3.     Abbotts Road and Aldington Road, Kemps Creek remain as a reverse T‑intersection.

4.     An additional “Give Way” sign be provided for the eastbound movement on Hall Street at Atchison Street, St Marys.

5.     An “All Traffic Left” sign be provided on Atchison Street (southern approach) at Hall Street, St Marys, subject to approval of a Traffic Management Plan by the Roads and Traffic Authority.

6.     Linemarking at the Hall Street and Atchison Street intersection, St Marys be reinstated as a matter of maintenance.

7.     A lighting assessment be conducted at the intersections of Hall Street and Atchison Street, St Marys and Abbotts Road and Aldington Road, Kemps Creek and appropriate lighting be provided.

8.     Council’s Risk Management Co‑ordinator and Westpool be advised of Council’s resolution.

 

 

 

 

 

 

 

 

7        Penrith Court House Annexe - Changes to Public Car Park                                            

RECOMMENDED

That:

1.     The information contained in the report on Penrith Court House Annexe - Changes to Public Car Park be received.

2.     Eight spaces adjacent to the Penrith Court House Annexe be signposted as “Private Parking” spaces.

3.     A Condition of Entry sign be installed under the Local Government Act (Section 270) at the entrance to the car park.

4.     All costs associated with supply and installation of new signage be funded from Council’s Property Development Department.

5.     Penrith Police and Penrith Court House be advised of Council’s resolution.

 

 

8        National Blackspot Program Accident Evaluation - Penrith LGA                                   

RECOMMENDED

That:

1.     The information contained in the report on National Blackspot Program Accident Evaluation - Penrith LGA be received.

2.     Council note the information.

 

 

 

GENERAL BUSINESS

 

GB 1          Evan Street, The Crescent & Macquarie Avenue, Penrith – Endorsement of Signs & Lines Plan  (Raised Council)                                                                                                       

Council’s Design Section has provided design plans for the installation of a single lane roundabout at the intersection of The Crescent, Evan Street and Macquarie Avenue in Penrith.  This report seeks to endorse the signs and lines plans and proposed roundabout (Plan No. AE 78) in order for the legal regulation of traffic to occur.  The current proposal, with accompanying plan, shows a semi-mountable roundabout with associated splitter islands, kerb ramps, and associated signage and linemarking.

 

The project was funded as a Black Spot under the 2010/11 Nation Building Black Spot Program, with construction required to be complete by June 2011.  Due to inadequate sight distances on the western leg of the intersection, a Part Road Closure (currently under community consultation as part of a submitted TMP process) is proposed to alleviate road safety issues.

 

 

 

RECOMMENDED

That:

1.   A single lane roundabout at the intersection of The Crescent, Evan Street and Macquarie Avenue in Penrith, including all associated linemarking and signage as per Plan No. AE 78 be finalised and endorsed, with funding available under the 2010/11 Nation Building Black Spot Program.

2.   Any substantial objections resulting from the Traffic Management Plan process for the part closure of the western leg of the intersection be referred back to the Local Traffic Committee.

 

 GB 2         Castlereagh Road, Penrith – Gap in Median Island  (Raised Mayor)                    

The Mayor, Councillor Kevin Crameri OAM requested an investigation into the reason for an existing gap in the median island on Castlereagh Road, south of Andrews Road, Penrith.

RECOMMENDED that the matter be investigated.

 

GB 3          Castlereagh Road/Andrews Road, Penrith – Sight Distance at Service Road  (Raised Roads and Traffic Authority)                                                                                                      

The Roads and Traffic Authority representative advised that vehicles are again being parked on the strip of land between the service road (at the Castlereagh Road/Andrews Road roundabout) and Castlereagh Road, which reduces sight distance for drivers exiting the service road.  The Roads and Traffic Authority requested that Council again carry out enforcement as required.

RECOMMENDED that Council’s Rangers again be requested to carry out enforcement for vehicles parked illegally within the vicinity of Castlereagh Road and Andrews Road, Penrith.

 

 

GB 4          Glebe Place, Cambridge Park – Speeding Vehicles  (Raised Penrith Police)       

The Penrith Police representative raised concerns, on behalf of a resident, regarding vehicles speeding in Glebe Place, Cambridge Park.  Police have carried out patrols, however due to restraints of the roadway, Glebe Place is unsuitable for mobile or stationary speed enforcement.  The Police have requested that Council investigate this matter.

RECOMMENDED that the matter be investigated.

 

 

GB 5          Memory Park, Penrith – Remembrance Day Ceremony  (Raised Penrith Police)         

The Penrith Police representative advised that the RSL will hold a Remembrance Day Ceremony at Memory Park in Penrith on 11 November 2010 from 10:45am to 11:45am.  This event is a Class 4 event under Police supervision.

 

 

RECOMMENDED that the Committee note the information.

 

There being no further business the Chairperson declared the meeting closed, the time being 10:15am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 11 October, 2010 be adopted.

 

 

 


Ordinary Meeting

8 November 2010

A Leading City

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 18 October, 2010

 

 

 

PRESENT

Acting Deputy Mayor, Ross Fowler OAM, Kaylene Allison, Robert Ardill, Greg Davies, Tanya Davies, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 14 October 2010 to 6 November 2010 inclusive.

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 14 October 2010 to 6 November 2010 inclusive.

Leave of Absence was previously granted to Councillor Mark Davies for the period 14 October 2010 to 25 October 2010 inclusive.

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 13 September 2010

The minutes of the Policy Review Committee Meeting of 13 September 2010 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

The Acting Deputy Mayor, Councillor Ross Fowler OAM ruled an urgency motion to have a late report considered at tonight’s meeting on Transportation of Restricted Solid Waste to SITA Landfill Facility.

 

Procedural Motion

RECOMMENDED that a late report on Transportation of Restricted Solid Waste to SITA Landfill Facility be considered at tonight’s meeting.

 

 

 

 

 

 

 

 

 

 

DELIVERY PROGRAM REPORTS

 

A City of Opportunities

 

5        Concept Plan Precinct D & E in Glenmore Park Stage 2 Release Area. Applicant: Norwest Land Pty Ltd, Owner Mulpha FKP Pty Ltd

Development Services Manager, Paul Lemm introduced the report and Cameron Lamb from Norwest Land who gave a presentation on the Concept Plan.                                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Concept Plan Precinct D & E in Glenmore Park Stage 2 Release Area. Applicant: Norwest Land Pty Ltd, Owner Mulpha FKP Pty Ltd be received.

2.     The Precinct D & E Concept Plan be endorsed by Council with the exception of the departure proposed on the width of southern most local road where DCP compliance is required to be achieved. 

3.     A further briefing be provided to Council dealing with the issues raised tonight in regards to the Concept Plan including public lighting in parks, ongoing maintenance of facilities and the transition of responsibility, built to boundary properties, fencing types of lot boundaries and management of litter in the nature reserve.

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

For

Against

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor John Thain

 

Councillor Robert Ardill

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Marko Malkoc

 

Councillor Jackie Greenow

 

Councillor Karen McKeown

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Kath Presdee

 

 

4        Penrith Whitewater Stadium - Annual Report and Board of Directors

Councillor Tanya Davies left the meeting, the time being 8:19pm.

Councillor Tanya Davies returned to the meeting, the time being 8:21pm.

Chairman of Penrith Whitewater Stadium, Councillor Ross Fowler OAM introduced the report and Stadium Manager, Jack Hodge who gave a presentation.

Councillor Prue Guillaume left the meeting, the time being 8:27pm.                                                   

 

 

RECOMMENDED

That:

1.     The information contained in the report on Penrith Whitewater Stadium - Annual Report and Board of Directors be received

2.     Council agree to underwrite the operation of the Penrith Whitewater Stadium Limited until the presentation to Council of the Penrith Whitewater Stadium Limited Annual Report for 2010-11

3.     Council note and support the Board’s re-appointment of Councillor Ross Fowler OAM as the continuing Chairman of Penrith Whitewater Stadium.

4.     Council congratulate the Whitewater Board, Stadium Manager and Staff on another successful year.

 

 

Councillor Prue Guillaume returned to the meeting, the time being 8:35pm.

 

3    Neighbourhood Renewal Program - Update of Activities and Neighbourhood Action Plans - Kingswood and St Marys

Councillor Robert Ardill left the meeting, the time being 8:51pm.

Councillor Robert Ardill returned to the meeting, the time being 8:53pm.

Neighbourhood Renewal Programme Coordinator, Jeni Pollard and Community Engagement Officer, Heather Chaffey gave a presentation on the Neighbourhood Action Plans of Kingswood and St Marys.      

RECOMMENDED

That:

1.     The information contained in the report on Neighbourhood Renewal Program - Update of Activities and Neighbourhood Action Plans - Kingswood and St Marys be received.

2.     Council endorse the Neighbourhood Action Plans for Kingswood and St Marys as provided in the attachments to this report.

3.     Council endorse the proposed schedule of Neighbourhood Renewal activities as outlined in Table 2 of the report.

 

 

A Leading City

 

1        North Cranebrook Release Area Development Contributions Plan                               

RECOMMENDED

That:

1.     The information contained in the report on North Cranebrook Release Area Development Contributions Plan be received.

2.     Council resolve to rescind the North Cranebrook Release Area Development Contributions Plan.

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

 

For

Against

Councillor Greg Davies

 

Councillor Tanya Davies

 

Councillor John Thain

 

Councillor Robert Ardill

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Marko Malkoc

 

Councillor Jackie Greenow

 

Councillor Karen McKeown

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Kath Presdee

 

 

2        Formation of Local Health Networks                                                                                

RECOMMENDED

That:

1.   The information contained in the report on Formation of Local Health Networks be received.

2.   Council endorse the General Manager or his nominee to submit an Expression of Interest to become a member of the Nepean Blue Mountains Local Health Network.

3.   Council write to the NSW Department of Health strongly advocating that a Penrith City Council Councillor be appointed to the Nepean Blue Mountains Local Health Network.

 

 

A Liveable City

 

6        Feral and Infant Animals Policy                                                                                         

RECOMMENDED

That:

1.     The information contained in the report on Feral and Infant Animals Policy be received.

2.     Council adopt the Feral and Infant Animals Policy.

 

 

 

 

 

7        Review of the Alcohol Free Public Spaces Policy                                                             

RECOMMENDED

That:

1.     The information contained in the report on Review of the Alcohol Free Public Spaces Policy be received.

2.     The proposed changes to the Alcohol Free Public Spaces Policy be adopted to support the establishment, suspension and/or cancellation of Alcohol Free Areas and Alcohol Free Zones in designated areas in the Penrith Local Government Area.

 

 

A Vibrant City

 

8        Transportation of Restricted Solid Waste to SITA landfill facility                                  

RECOMMENDED

That:

1.     The information contained in the report on Transportation of Restricted Solid Waste to SITA landfill facility be received

2.     Council write to the Premier Keneally indicating Council’s opposition to the proposal to dispose of the contaminated wastes from 7-9 Nelson Parade, Hunters Hill and request that the Remediation Action Plan include an alternative option for disposal of the waste

3.     Council write to the Member for Mulgoa, Diane Beamer and seek her support in opposing the proposal to dispose of the contaminated waste to the SITA landfill site.

4.     A further report on the legal position in terms of the DA consent on the SITA site be submitted to Council detailing issues surrounding the acceptance of radio-active waste.

5.     Council write to SITA seeking clarification of the Company’s position on accepting the proposal for radio-active contaminated waste and expressing concern over the lack of prior consultation provided to Council.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1          International Users of Penrith Whitewater Stadium                                               

Councillor Greg Davies requested a memo reply to provide information on the economic benefit to Penrith of visiting training squads and delegations who utilise Penrith Whitewater Stadium. The information may include information detailing how many people used the facility, the duration and location of their accommodation. Further information relating to a formula which may be used to calculate the economic benefit to the City might also be provided.

 

 

RR 2          Hotel Development - Great Western Highway                                                       

Councillor Greg Davies requested a memo reply to update Councillors on the status of the proposed Hotel development located at Kingswood on the Great Western Highway.

 

RR 3          Oxely Park - Neighbourhood Action Plan                                                                

Councillor Greg Davies requested a memo reply to provide information on the endorsed Neighbourhood Action Plan for Oxley Park.

 

RR 4          Legal Advice - Conflict of Interest                                                                           

Councillor Tanya Davies requested a memo reply providing legal advice on the appropriateness of the NSW Lands Minister putting forward an application and the Planning Minister determining the Part 3a application given both portfolios are occupied by the same Minister.

 

There being no further business the Chairperson declared the meeting closed the time being 9:41pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 18 October, 2010 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

A Leading City

 

1        2010-2011 Operational Plan - September Quarter Review

 

2        2010-11 Financial Assistance Grant 

 

3        Audit Committee

 

4        Pecuniary Interest Returns

 

5        2010 Local Government Association Annual Conference

 

6        Glenmore Park Stage 2 - Voluntary Planning Agreement 

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

7        Revitalisation of Dunheved Business Park in conjunction with "Link Road, St Marys Planning Agreement"

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

URGENT

 

14      Amendment to 2010 Meeting Calendar

 

A City of Opportunities

 

8        Council's 2009-10 Annual Report

 

9        St Marys Spring Festival

 

10      Application to remove a restriction to user on the title for the retention of existing trees on Lots 112 - 118 DP 1063700 (No. 62 - 76) Great Western Highway, Colyton. Applicant: Landcom;  Owner: Landcom

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

11      Development Application DA08/1333.02 Proposed Modification to Mixed Use Development at Part Lot 21 Sec 30 & Part Lot 22 Sec 30 DP 1855 & Part Lot 46B DP 411863 (No. 182 - 190) Great Western Highway, Kingswood. Applicant: Cityscape Planning & Projects;  Owner: Aesthete Pty Ltd DA08/1333.02

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

  

 

A Liveable City

 

12      Lenore Drive Extension Status

 

13      Proposed Renaming of Part Mayo Road, Llandilo

  

 


A Leading City

 

Item                                                                                                                                       Page

 

1        2010-2011 Operational Plan - September Quarter Review

 

2        2010-11 Financial Assistance Grant 

 

3        Audit Committee

 

4        Pecuniary Interest Returns

 

5        2010 Local Government Association Annual Conference

 

6        Glenmore Park Stage 2 - Voluntary Planning Agreement 

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

7        Revitalisation of Dunheved Business Park in conjunction with "Link Road, St Marys Planning Agreement"

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

URGENT

 

14      Amendment to 2010 Meeting Calendar

 

 



Ordinary Meeting

8 November 2010

A Leading City

 

 

 

1

2010-2011 Operational Plan - September Quarter Review   

 

Compiled by:                Geraldine Brown, Budget Accountant

Ken Lim, Management Planning Co-ordinator

David McIllhatton, Acting Financial Services Manager

Authorised by:             Craig Butler, Acting General Manager   

 

Objective

We plan responsibly for now and the future

Community Outcome

A Council that plans responsibly for a sustainable future (3)

Strategic Response

Build our City's future on the principles of sustainability (3.1)

       

 

Executive Summary

This review presents to Council the progress to date of the delivery of the 2010-2011 Operational Plan, which also forms the second instalment of Council’s (4 Year) Delivery Program and Community Strategic Plan 2031 adopted in June 2010.

 

As part of this review Councillors will receive as part of the Ordinary Meeting business paper, a separate “Services Performance and Financial Review Summary” report which focuses on Council performance; Services Performance and the Financial Position, with particular emphasis on exception and highlight reporting.

 

The combined effort of Council’s 45 services for the three month period ending 30 September 2010, has resulted in a 33% achievement of the yearly requirement as recorded in the adopted 2010-2011 Operational Plan and is 8% above the quarterly target.

 

Council’s Performance Planning System indicates that of Council’s 460 Tasks, Key Performance Indicators (KPIs) and Capital and Operating Projects, 447 were either “on target” or “completed” by 30 September 2010.  Details of the remaining 13 items and the challenges they are facing have been included in this report and in the separate “Services Performance and Financial Review Summary” report.

 

The cumulative budget result for the year as at September 2010 is a deficit of $107,663.  This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional funding from the financial assistance grant, variations in development related income, and the allocation of additional records management resources identified by an audit review of this service. The Review also identifies salary savings for the September quarter of $44,624. It is considered prudent that these salary savings be retained within the employee costs budget at this stage to mitigate the impact of year end balancing of employee costs. In addition to these adjustments there is one project proposed to be revoted into 2011-12 as it is not expected to be completed in the current financial year. Further details on proposed major variations and revotes are provided later in this report.

 

This report recommends that the revised budget estimates identified in the report be adopted.

Background

In accordance with the Local Government Act 1993, the Operational Plan progress report for the period ending 30 September 2010 is presented tonight for Council’s consideration. This is the first quarterly review of Council’s 2010-2011 Operational Plan which in turn contributes to the delivery of Council’s (4 Year) Delivery Program and Community Strategic Plan 2031.

 

This review provides a comprehensive performance report on all Council’s external and internal services with the exception of the three controlled entities which have separate reporting requirements (outlined in the Operational Plan). It provides clarity and accountability to Council and the public on the annual delivery of Council’s program through its approved services and their required goals.

 

The business paper report and separate summary report focus on two key areas of Council performance; Services Performance and the Financial Position. These are explained below.

 

1.       Services Performance

The adopted 2010-2011 Operational Plan lists the annual plans for all Council (internal and external) services. Each quarter all Managers are required to report progress for each service based on the following measurement types:

 

§  Service Budgets

§  Tasks

§  Key Performance Indicators (KPIs)

§  Capital Projects

§  Operating Projects

 

The results are reported back to Council in the following three ways:

 

·        Overall Services Performance Summary

A table is produced which summarises the results of all measurement types reflecting an overall service summary. Progress is expressed through the use of percentages and ‘traffic light’ indicators. These are based on the responsible Manager’s statement of the delivery of the year-to-date requirements for that item.

 

Explanation of the Traffic Light Indicators

Council has, for a number of years, used a traffic light rating scale for reporting on the performance of Operational Plan deliverables. The rating scales are explained in the table on page three.

 


Table 1. Guidelines for ‘Traffic Light’ Status Indicators

 

*

[Green]

On

Target

Performance is “on target” or satisfactory to meet the year-to-date requirements of the relevant action. Normally indicates completion of 90% of the scheduled requirements.

*

[Amber]

Attention Required

Performance is marginal and extra attention is needed for ongoing items. Normally indicates completion of 75%-89% of the scheduled requirements and may be the subject of a proposed carry over or partial revote of works.

[Red]

At Risk

Performance is not on target and the requirement is “at risk” of not being delivered. This is addressed by the Manager’s commentary. Delivery is normally rated as less than 75% of the scheduled requirements and/or is the subject of a proposed revote of works.

Text Box: C

Completed (usually applies to Capital & Operating Projects and Tasks with defined target dates) represents 100% completion.

 

The Services Performance Summary is included in this report. The table is sorted by reporting elements (eg Overall Service Level, Tasks, KPIs, Capital and Operating Projects). The table for the September March Quarter is also provided in the Services Performance and Financial Review Summary Report provided separately to Councillors as are the completed tasks and projects and also details of the amber and red elements.

 

·        Completed Tasks and Projects

In the adopted 2010-2011 Operational Plan, there are approximately 160 tasks and 200 capital and operating projects listed for completion. Rather than report the progress on every task and project, only the larger key projects and tasks that were completed within the quarter are listed as “highlights”.

 

·        Exception Reporting

The most significant change in the quarterly reporting format has been the move to “exception” reporting as contained in the new Integrated Planning and Reporting Guidelines for Local Government in NSW. This means that reporting only elements which have incurred an “Amber” traffic light (that is, reportable items Requiring Attention) or a “Red” traffic light (that is, reportable items At Risk of not being delivered). This part of the report allows Council the opportunity to focus on those services that require attention or are at risk of not being delivered and to be accountable to the Community in addressing issues that arise.

 

2.       Financial Position

The financial position of Council for the quarter will be expressed by providing information on:

·        The budget position (whether balanced/surplus/deficit)

·        Significant variations

·        Identified Revotes

·        Funding Summary

·        Reserve Movements for the quarter, and

·        the Capital and Operating Budget Projects list for the quarter

Key performance comments regarding the Financial Position are included later in this report with all the above information provided in the Attachment to this report.

 

Overall Services Performance Summary for the September Quarter

Council’s Performance Planning System indicates that the combined effort of all services for the three month period ending 30 September 2010, has resulted in a 33% achievement of the yearly requirement as recorded in the adopted 2010-2011 Operational Plan.

 

This result is encouraging demonstrating that Services Performance was 8% above the quarterly target of 25% at this stage of the year. The contributing factors to this result are summarised in the table below.

 

Table 2 : Services Performance Summary for September Quarter 2010

 

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

(Attention Required)

RED

(At Risk)

Totals

SERVICES OVERALL (excluding Controlled Entities)

 

45

(100%)

-

-

45

 

·     Tasks

8

(5%)

150

(93%)

3

(2%)

-

161

·     Key Performance Indicators (KPIs)

 

100

(95%)

4

(4%)

1

(1%)

105

·     Capital Projects

21

(21%)

78

(76%)

2

(2%)

1

(1%)

102

·     Operating Projects

7

(8%)

83

(90%)

2

(2%)

-

92

Totals

36

411

11

2

460

 

Analysis of Results

 

Table 2 shows that the 45 Council services performed well and were “On Target” as at 30 September 2010. This result is was due to:

·        98% of Tasks Completed or On Target

·        95% of KPIs were On Target

·        97% of Capital Projects were Completed or On Target, and

·        98% of Operating Projects were Completed or On Target.

 

It is generally the case that for the first quarter in any Operational Plan year that most reporting elements would normally be “on track” especially given that a large number of projects are phased for completion in the remaining nine months of the year. It is encouraging to see so many completed items in the first quarter (36 for this three month period).

 

Completed Task and Projects

A positive result coming from Table 2 is the identification of 36 tasks and projects that were completed within the quarter. Some of the key projects and tasks are listed below:

 

Key Task or Project Completed

Commentary

Berkshire Park Fence

This project was in response to community concerns of anti social behaviour.  The incidence of vandalism has been reduced with the installation of a new fence preventing unauthorised car access and a safe and pleasant environment for families to enjoy.

Children’s Services Playground Upgrades

Playground upgrades were completed at Emu Village OOSH (Out Of School Hours), Strauss Road, Stepping Stones and Wattle Glenn Child Care Centres. Work included new turf around slippery dips, dry creek beds, concrete terraces to shaded play areas; Imaginative Open Play Cubby space; open space artificial turf; sandstone walkways; new shade structures; vegetable gardens and a dual slide with softfall.

Council Services Guide for all Ratepayers

Public awareness of Council services was enhanced with the production of a comprehensive Council Services Guide which was distributed to all ratepayers with the July rates notice.

Cultural Development Projects – St Marys Corner

The “Disorder Disorder“ project attracted an audience of over 90 people from across Sydney attending the Artists Talk at the St Marys Corner Community and Cultural Precinct. The project has positioned Penrith as a ‘regional’ cultural centre showing leadership in cultural development strategies and for St Marys to be recognised as a vibrant cultural hub with its own distinct character.

The launch of the Neighbourhood Stories St Marys Project was held in July at the St Marys Corner. The local residents team that worked on the project were from diverse cultural and social backgrounds as well as a range of ages and have been vital contributors to the program.

Erskine Park Roadworks completed

A 500 metre extension to Lenore Drive at Erskine Park was completed this quarter. The work included the completion of an intersection which has improved the access and egress to the Erskine Business Park. The project cost was $2.7 million.

Jamison Park - Cricket Practice Nets installed

The project has delivered an excellent facility which meets the needs of the cricket community and serves as a district facility supporting the ongoing development of the sport of cricket. This project was a partnership between the Nepean District Cricket Association, who sourced the grant funding and Council who part-funded and project managed the installation.

Landcare Plant Project

This project was grant funded through the Landcare Mobile Muster for the purchase and planting of native trees and shrubs. The September quarter saw 9,000 plants installed at locations across the City.

New Playground Facilities

Four new playground facilities at Erskine Park, South Penrith, Emu Plains and Berkshire Park were completed this quarter. Positive feedback has been received in particular the new playground at Grassmere and Gilda Reserve, South Penrith. The new playgrounds with rubberised softfall installed have seen a marked increase in utilisation from local communities.

New Workers Compensation Model Implemented

By introducing improved workers compensation management systems, Council applied for and subsequently implemented a new workers compensation model on 1 July 2010 which will provide an estimated ongoing saving of $700,000 per annum.

Off leash Dog Area Upgrade

Bollards and signs were installed at the Wedmore Road Dog Off leash area in Emu Plains. Concrete pads were also completed for the installation of garbage bins and poo bag dispensers.

Penrith CBD High Pedestrian upgrade

Council and the RTA have jointly funding the implementation of a 40km/h High Pedestrian Activity Area Scheme in the Penrith City Centre. The scheme constructed high quality traffic facilities in designated locations across the City together with 40km/h zones implemented in Henry Street, High Street, Station Street, Riley Street, Woodriff Street and Castlereagh Street.  The scheme is aimed at reducing vehicle speeds and creating a safer pedestrian environment in areas of High Pedestrian Activity. Construction in the Penrith City Centre has now been completed and post construction evaluation is underway.

Public Amenities Program

Weir Reserve toilets were completed and re opened to the public in this quarter.  Crime Prevention through Environmental Design principles were incorporated into the design to enhance public safety and amenity at this location.

Rural Roads Widening

Works completed this quarter included 1.5 kilometres of Second Avenue, Llandilo resurfaced with asphaltic concrete between Sixth Avenue and Old Llandilo Road.

Tree Replacement Program - Nicholli

5 Year Program Completed

In 2008-09 Council began a 5 year program to remove Eucalyptus Nicholii trees that had reached the end of their serviceable life and those posing a risk especially during storm events. In the past, Eucalyptus Nicholii’s were planted extensively in Cambridge Park, Cranebrook, Emu Plains, Emu Heights, Kingswood, Penrith, St.Clair, St. Marys and Werrington. All the trees in these areas needed to be replaced.

Through a competitive quotation process Council was able to secure very competitive rates for tree removal resulting in an acceleration of the program. 230 trees were removed in the September quarter bringing to a close the (5 year) program, 2 years earlier than expected.

The completion of this program has seen a reduction in the ongoing reactive tree maintenance work required following storm events and reduces Council’s risk exposure in this area.

In terms of tree replacement, species are carefully selected to avoid future problems and are planted in the most appropriate location, taking into consideration services, driveways, street lighting and garbage bin collection.

 

 

Exception Reporting

A total of 13 Tasks, KPIs and Projects in 8 services were identified in the Services Performance Summary (Table 2) as being an “Amber Traffic Light “requiring attention” or a “RedTraffic Light “at risk” of not being delivered or “not achieved this quarter”. A complete listing, sorted by individual service, is provided in the table below with commentary/remedial action also provided.

 

Traffic

Light

Measure

Result

Target

Comment / Remedial Action

Building Approvals & Certificates

AMBER

(Attention Required)

KPI:

More than 85% of Construction Certificates determined within 28 days of receiving an application that provides all required information

65%

85%

141 Construction Certificates were determined in the quarter with 92 determinations within 28 days (65%).

There have been some resourcing issues in the quarter created by staff vacancies and extended leave. Once these have been resolved attention will be focused on recapturing this KPI next quarter.

 


 

Building Maintenance & Construction

AMBER

(Attention Required)

Capital Project:

Bus Shelters Program

0%

25%

Work was deferred due to possible changes in the design of bus stops and shelters under the State Government’s new requirements which may impact on the construction of bus shelters in both the CBD and rural areas.

Council is working closely with neighbouring councils in seeking advice and clarification on the application of the new accessibility standards. These requirements could possibly increase the cost of all bus stops and shelters by up to 100%. A list of priority locations has been finalised and the shelters are now expected to be installed in the 3rd and 4th quarters.

Design & Project Management

AMBER

(Attention Required)

Capital Project:

Penrith Station Commuter Carpark

10%

25%

Designs have been completed and there has been considerable negotiation with Railcorp to gain their approval.

Expression of Interest tenders have been called to select contractors for a Selective Tender process.  This was reported to Council in October 2010. Construction is anticipated to commence in early 2011.

RED

(At Risk)

Capital Project:

WELL Infrastructure Fund

10%

25%

A consultant has been commissioned to prepare designs for the road upgrades.  These designs are almost complete however the project has been put on hold until there is resolution of the Dept of Planning cap on S94 contributions which will limit the available funds for the project.

AMBER

(Attention Required)

Operating Project:

CUA Stadium Stage 3 - Southern Grandstand

5%

25%

This project is being delivered by Panthers as components of the stadium upgrade.  The designs and approvals are completed however construction has been delayed to avoid conflicts with the end of season football competition. The project is scheduled to commence early in the next quarter and to be finished by March 2011.

 

 

 

Development Applications

AMBER

(Attention Required)

KPI:

More than 70% of Major Development Applications determined within 50 days

58%

70%

The complexity of the DA process and the requirement to report matters to Council, due to the SEPP 1 direction from the Dept of Planning have caused noticeable delays in decision making.  Over the period there have been a number of older DAs determined which have influenced these KPIs. Over the quarter there have been challenges from a resourcing perspective with several vacancies which have also combined to impact on the KPIs. 

It is recognised that recapturing the ground lost during this quarter while embarking on a period of concentration on older applications, will prove a major challenge for KPI compliance over the next couple of quarters.

Greater focus on this area of the Service will be provided in the next quarter recognising that these KPIs are not a true measure of quality outcomes but rather a procedural one. A renewed focus on the implementation of an escalation policy for difficult DAs and a focus on older DAs throughout October will concentrate attention to DA efficiency.

Processes are in train to fill the vacancies.  Outsourcing of DA Assessment is also being undertaken in line with budget constraints...

AMBER

(Attention Required)

KPI:

Average Mean processing time for Development Approvals (40 days)

46 days

40 days

RED

(At Risk)

KPI:

More than 70% of Advertised, Integrated, Concurrent or Major development applications determined within 70 days

41%

70%

Floodplain & Drainage Engineering

AMBER

(Attention Required)

Task:

Complete the Nepean River and South Creek flood studies and revise Council's Flood Policy

25%

50%

Nepean River Flood Study and South Creek Flood Study are expected to be completed by the end of the 2nd quarter. The “Main Stream” policy has to be prepared following the acceptance of the final reports of these studies. Unscheduled delays have occurred as a result of detailed modelling and floodway definition.

AMBER

(Attention Required)

Task:

Complete the Penrith City Centre and St Marys Town Centre flood studies and develop a works and mitigation program

25%

50%

These two studies have been delayed due to technical difficulties with the computer modelling. Council is working with the consultants to overcome these difficulties and undertake the necessary modelling works to inform the studies. Council is looking at splitting the work into stages, with critical data being determined early in the process. A revised timeframe is currently being determined in consultation with the consultant.

Strategic Planning

AMBER

(Attention Required)

Task:

Consolidate Council's adopted strategies, relating to the City's people and places, into a new City Planning Strategy

20%

25%

PROPOSED DEFERRAL OF TASK  TO 2011-12

The draft Penrith Planning Strategy will bring together Council’s adopted strategies for its people and places.  As exhibition of one key component, the draft Urban Strategy (along with the draft Penrith LEP 2012 – Stage 2) has been delayed, the overall Strategy cannot be progressed this year.

Deferral of this project does not impact other projects, as it consolidates and streamlines Council’s existing strategies.

Traffic Management, Parking and Road Safety

AMBER

(Attention Required)

Operating Project Penrith CBD Traffic Study (EEP)

25%

100%

PROPOSED REVOTE ($85,900)

This project has been identified as requiring a revote due to the delays in commencing (and hence finalising) the study. GHD have been engaged by Council however the commencement of the preliminary data gathering process was delayed pending the finalisation of the Penrith City Centre High Pedestrian Activity Area (HPAA) Scheme. It was deemed critical to undertake the data capture following implementation to ensure accurate and contemporary data was used to underpin the study.

Similarly the St Marys Town Centre Traffic Study has been delayed to 2011-12 due to the construction activities associated with St Marys Station carpark and the disruption to normal traffic activities and is the basis for the proposed revote.

Workforce & Workplace

AMBER

(Attention Required)

KPI:

More than 90% of staff return to pre injury duties each year

78%

90%

There are currently 14 claims this quarter of which 11 employees have returned back to normal duties and 3 are on Return To Work Programs with two employees expected to return to work in October.

This result is consistent with 1st quarter reporting.

 

Progress for each of these exceptions listed above will continue to be monitored and remedial action taken to return these to a “Green” traffic light “On Target” status where possible.

 

Financial Position

                                                                                               $000’s

Original Budget Position Surplus/(Deficit)

(18.3)

 

 

 

 

Less: September Review variations   

(89.4)

 

Revised Surplus/(Deficit)

(107.7)

 

 

The more significant variations (F – favourable, U- unfavourable) proposed for the first quarter include:

                                                                                                                           $000’s

Financial Assistance Grant – general component

60.2

F

Transfer from s94 Reserve-Footpath Construction

53.7

F

Net Development Related Income

51.6

F

Salary Savings

44.6

F

Provision for Retirements/Resignations 

44.6

U

Records Management – Additional Staff

115.9

U

Penrith Valley Cultural Precinct

62.2

U

Civic Centre Facility Improvements

25.0

U

 

The predicted cumulative result for the year as at September is a deficit of $107,663 after the recommended variations for the quarter. These adjustments together with proposed minor variations, revotes, and reserve movements are detailed in the attachment (2010-11 Operational Plan – Services Performance and Financial Review Summary).  Commentary is provided below on the more significant issues in the review.

 

Financial Assistance Grant (General Component) $60,243 F (0.65%)

Advice has now been received confirming Council’s 2010-11 Financial Assistance Grant (FAG).  The grant to be received in 2010-11 consists of two components, a general component ($9.3m) and a roads component ($2.0m).

 


This year’s grant is $60,243 (0.65%) above the estimate for the general component, and $91,416 (4.8%) above the estimate for the roads component compared to what was included in the original 2010-11 budget. It is recommended that the roads expenditure budget be increased, as has been council practice, to match the actual FAG roads component received. 

 

Further information regarding this Grant is provided in a separate report to tonight’s meeting.

Transfer from s94 Reserve -Footpath Construction $53,659 F (no original budget)

The current year budget for Footpath Construction is $150,000 which is fully funded from general revenue. It is proposed to allocate the balance available within the s94 Footpath Construction Reserve to the Footpath Construction project which will reduce the general revenue funding in 2010-11.

 

Development Related Income $51,600 F

·    Development Applications Income $100,000 F (10%): Estimated income has been increased due to some major development applications submitted which has influenced the anticipated income level. It is also recognised that there is improved confidence in the market which may lead to further benefits throughout the year.

 

·    Subdivision Development Applications Income $20,000 F (33%): Activity in the subdivision area has increased due in part to the renewed interest in residential release areas resulting in an increase in anticipated income.

 

·    Engineering Construction and Compliance Certificates $100,000 F (70%): This increase in income has resulted from Council being appointed as the Certifying Authority for issue of Certificates for a number of large subdivisions including Glenmore Park Stage 2, Waterside, and Jordan Springs. It is expected that these subdivisions will likely generate further income for subsequent stages during this financial year. The original income projections were achieved in the first quarter. At this stage an adjustment for additional income of $145,000 is considered appropriate, with $45,000 of this being allocated to resources required to address the increasing workload. This results in a net increase of $100,000.

 

·    Infrastructure Restoration Fee $123,400 U (72%): Council’s process of receipting and recording this fee was reviewed in 2009-10 and an amended fee structure was included in the d in the 2010-11 budget.  The implementation of the new inspection/administration fee with a security bond at the time the development application is lodged means that the increased revenue will not eventuate until the 2011-12 financial year.

 

·    Building Certificates Income $20,000 U (40%): There is more reliance on Occupation Certificates than Building Certificates which has resulted in a decline in the number of Building Certificates applied for.  

 

·    Construction Certificates Income $25,000 U (8%): The types of Construction Certificates applied for to date have generally been for smaller scale developments.  There has been a decline in the number of Certificates applied for over the period.

Salary Savings

During the first quarter of 2010-11 salary savings of $44,624 have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled. It is proposed that as part of the September Review that the salary savings identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for terminations. Any remaining savings at year end could then be transferred to the ELE Reserve.

Records Management – Additional Staffing $115,901 U (13.5%)

Records Management is a key requirement in the governance of Council.  Independent experts were engaged to review Council’s Records Management function and the review identified a number of issues. The consideration of the audit recommendations from the perspective of risk analysis and the three key areas of response (policy, process and people) has assisted in prioritising potential solutions. A Records Management Improvement Plan has been developed to progress this matter and this Plan has been presented to Council’s Audit Committee.

 

The audit identified that the key limitation to the speed with which records management can improve is the current allocation of resources to this service. The need for additional resources to support the record management service was recognised in the audit review recommendations. As the recommendations of the Improvements Plan are implemented and efficiency gains realised, the exact scope of the resources required has become clearer.  The records management team have commenced re-aligning existing resources to increase service in the areas of auditing, training, and business support. All Council staff have been required to attend training in code of conduct responsibilities, including record keeping responsibilities.

 

This budget variation represents the cost of three additional records management staff to address the audit recommendations and support the key actions of the Improvement Plan in relation to staff resources.

Penrith Valley Cultural Precinct $62,173 U (1% of actual project cost to date)

The Penrith Valley Cultural Precinct project incorporated the building upgrade and refurbishments of the former St Marys Council Chambers, Memorial Hall, Community Centre, construction of a new disabled toilet, car park, roundabout, provision of landscaping, and a new community square. The construction works were completed and occupation of the St Marys Memorial Hall occurred in January 2010, with minor precinct works still required. An additional amount of $62,173 from general revenue was required this financial year to fund the approved contract variations for additional signage and installation of a hydrant.

Other variations with no impact on Surplus

Lenore Drive, Erskine Pk Extension - $449,000 (s94 Reserve)

This project was originally approved by Council on 30 November 2009 at a contracted cost of $2.3m to be funded from Erskine Business Park (EBP) s94 Reserve. The original contract value awarded to Burton Contractors Pty Ltd has since been varied by $421,607 bringing the revised contract cost to $2.7m.  These variations to the contract have been approved by the Major Projects Review Group with the majority of the variation relating to the removal of fill from the site having to be taken to a licensed waste facility.

 

Additional expenditure has also been incurred in relation to this project including $10,200 for fencing, $44,200 for landscaping, $60,000 for supervision, $16,000 for legal expenses, $40,000 for Construction Management, and $37,000 contingency for advertising, minor plant etc. The total revised cost for this project is now $2.9m to be funded from EBP s94 Reserve which includes the proposed September Quarter variation of $449,000. 

 

Due to the large variation from the initial estimates for this project a separate project update is included in tonight’s business paper. It is expected that there will be a reimbursement of approximately $218,000 to the EBP s94 Reserve on final settlement of claims relating to works-in-kind.

 

Pre-Schools - increase of $327,957 (Grant)

Funding of $327,957 has been provided to Pre Schools in 2010-11 under the Department of Community Services Resource Allocation Model.  This funding is intended to enhance access to Pre Schools particularly for Indigenous Children, children from low income families and children from culturally and linguistically diverse (CALD) backgrounds.  It is proposed that these additional funds be applied to reduce fees for these families across Council’s Pre School Services.

 

Supporting Children with Additional Needs (SCAN) - increase of $120,000 (Grant)

Funding of $120,000 has been provided to Pre Schools in 2010-11 under the Supporting Children with Additional Needs (SCAN) Scheme established by the Department of Community Services. This funding will be used to provide specialist training for staff, employ additional support workers, improve resources and purchase equipment suitable for children with additional needs.  It is envisaged that these grant funds will give children with additional needs the opportunity to have equal access and be fully included in the centre’s program.

 

Final Pumpouts – Agnes Banks/Londonderry  $66,000 (Reserve)

As reported to Council on 19 April 2010, funding for the Londonderry and Agnes Banks Sewerage Scheme was announced in March 2009 under the Sydney Water Priority Sewerage Program (PSP) with connections to be available in 2010-11.  This report recommended the adoption of incentive measures for residents to encourage early connection following on from the success of these measures when implemented in relation to the Mulgoa and Wallacia PSP Scheme. These recommendations were adopted and included Council covering the cost of the final pump-outs of septic tanks provided the sewer is connected within 12 months of it becoming available.  This variance establishes a budget for this service to be provided based on an estimated 164 properties in the two villages, with funding to be provided from the Sullage Reserve.

Property Development (Reserve)

Budget variations proposed for the Property Development in the September Review are as follows:

 

·    Capital Expenditure – Net decrease of $50,000. This follows the deferral of proposed expenditure of $350,000 to latter years with an offset of $300,000 required to refurbish a vacant commercial property to improve it’s rental prospects;

·    Rental income – Reduction of $140,000 in rental income due to premises being vacated and the need for this property to be refurbished;

·    Additional revenue from Sale of Property

 

The total budget variations proposed as part of the September Review have resulted in a net increase in the predicted balance of the Property Development Reserve as of June 2010 to $5.2m.

 

Revotes

There is one adjustment to planned capital works funded proposed for adoption this quarter:

 

St Marys CBD Traffic Study -$85,900 (EEP/Revote Reserve)

Commencement of the St Marys Town Centre Transport Management Study has been postponed to 2011-12.  This delay is due to the current construction works of the St Marys commuter multi-deck car park by the Transport Construction Authority (TCA). 

 

It is expected that the construction of the car park will be completed at the end of this year and works on the bus turning circle road works on the northern side of the rail interchange are expected to be completed by the early part of next year, and the study will commence afterwards.

 

Proposed Amendment to Key Performance Indicators (KPI’s)

A review of the newly introduced Government Information (Public Access) Act 2009 (GIPA) has identified a number of changes to the way Council processes Freedom of Information requests. As a result the  Records Management Service KPI listed in the 2010-2011 Operational Plan (page 23) “All formal applications for access to Council information are completed within 20 working days (Target 100%)” needs to make reference to cases where third party consultations are required and therefore is proposed to be replaced by two new KPIs :

 

·        All formal applications for access to Council information ‘not requiring’ consultation with another party or access to a records archive are decided within 20 working days” (Target 100%)

·        All formal applications for access to Council information ‘requiring’ consultation with another person or retrieval from a records archive are decided within 35 working days (Target 100%)

Conclusion

The 2010-2011 Operational Plan September Quarter review indicates that the performance of Council Services is “on track” in order to meet Council’s challenging annual program despite the ongoing financial challenges faced.

 

The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any section of this report or the separately distributed Services Performance and Financial Review Summary Report.

 

The review documents will be placed, in full, on Council’s website, as well as being made available to the public in hard copy and CD versions on request.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2010-2011 Operational Plan - September Quarter Review be received.

2.     The amendments to the 2010-2011 Operational Plan KPIs or task deferments be adopted.

3.     The 2010-2011 Operational Plan Review as at 30 September 2010, including the revised estimates and re-vote identified in the recommended budget, be adopted.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting

8 November 2010

A Leading City

 

 

 

2

2010-11 Financial Assistance Grant    

 

Compiled by:                Ben Collins, Management Accountant - Budget

Authorised by:             Vicki O’Kelly, Group Manager - Finance   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that manages its finances, services and assets effectively (4)

Strategic Response

Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

       

 

Executive Summary

This report provides Council with an update regarding the 2010-11 Financial Assistance Grant (FAG) from the Federal Government. The report recommends that the information be received.

 

Advice has now been received confirming Council’s 2010-11 Financial Assistance Grant.  The grant to be received in 2010-11 consists of two components, a general component ($9.3m) and a roads component ($2m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors. As it is an allocation of a pool of funds, the impacts of social and economic factors in other areas of the State will have an impact on the amount available for Penrith.

 

This year’s grant is $60,243 above the estimate for the general component, and $91,416 above the estimate for the roads component compared to what was included in the 2010-11 budget. It is recommended that the roads budget be increased, as has been Council practice, to match the actual FAG roads component received.

Background

A significant part of Council’s annual revenue ($11.3m in 2010-11) is derived from the Financial Assistance Grant. Local Government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.

 

The grant to be received in 2010-11 consists of two components, a general component ($9.3m) and a roads component ($2m). The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors.

 

Council made a number of submissions to the Grants Commissions after they visited Penrith in November 2004, however none of the submissions resulted in a change to the factors used to calculate the grant distribution, as our existing measures were considered adequate.  More recently, the Grants Support Officer has examined the most recent factors and discussed these with the Grants Commission. There were no areas where it was able to be identified that the disability factors relating to Penrith contained within the formula were not adequate.

Current Situation

The Financial Assistance Grant (FAG) allocated this year is $151,659 more than was estimated during the budget process. At the time of preparing the 2010-2011 original budget, a 3% increase on the 2009-10 actual grant received was factored in. The 2010-11 allocation is a 4.4% increase on the previous year. The roads component of the grant is an additional $91,416, compared to the budget and it is recommended that the budget is adjusted to reflect this.

 

Prior Years Financial Assistance Grants

 

 2006-07

 2007-08

 2008-09

 2009-10

 2010-11

Total Financial Assistance Grant

        9,586,765

        9,953,104

      10,711,342

      10,854,653

      11,331,951

General Purpose Component

        7,959,646

        8,264,426

        8,902,094

        9,005,740

        9,336,155

Roads Component

        1,627,119

        1,688,678

        1,809,248

        1,848,913

        1,995,796

 

 

 

 

 

 

% Increase on prior year

 

 2006-07

 2007-08

 2008-09

 2009-10

 2010-11

Total Financial Assistance Grant

4.57%

3.82%

7.62%

1.34%

4.40%

General Purpose Component

 

4.63%

3.83%

7.72%

1.16%

3.67%

Roads Component

 

4.25%

3.78%

7.14%

2.19%

7.94%

 

 

 


Conclusion

Advice has now been received confirming Council’s 2010-11 Financial Assistance Grant.  The grant received is $151,659 above the estimate included in the 2010-11 budget. This variance has been included as part of the September Quarterly Review process.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2010-11 Financial Assistance Grant  be received.

2.     Council increase the Financial Assistance Grant roads component budget by $91,416 to match the actual Financial Assistance Grant roads component received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

8 November 2010

A Leading City

 

 

 

3

Audit Committee   

 

Compiled by:                Peter Browne, Internal Auditor

Authorised by:             Stephen Britten, Group Manager - Legal & Governance   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

This report provides information on the meetings of the Council’s Audit Committee held on
25 August 2010 and 6 October 2010.  The report covers a number of issues including:

Ø reviewing the Annual Financial Statements

Ø ongoing review of Records Management

Ø that the Audit Committee Chairperson intends to write to DLG advising how Penrith’s current Audit Committee structure is working well.

Background

The Audit Committee is comprised of the Mayor (or the Mayor’s representative), three other Councillors and three independent members appointed by Council, to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  The Audit Committee Charter was created by Council resolution on 13 November 2006 and has been amended by Council three times, the most recent being on 4 May 2009.

 

The NSW Local Government Internal Audit Guidelines (issued 14 October 2008) provide that:

 

An audit committee plays a pivotal role in the governance framework. It provides councils with independent oversight and assistance in the areas of risk, control, compliance and financial reporting.

Current Situation

The Audit Committee met on 25 August 2010 and adopted the draft minutes of the prior meeting (as provided to Council on 19 July 2010) without alteration.  The main issue for the 25 August 2010 meeting was consideration of the Draft Annual Financial Statements.  Due to the time taken to deal with this issue, an additional meeting was held 6 October 2010 to deal with items deferred from the earlier meeting.

 

The Committee’s Charter requires the draft minutes of each Audit Committee meeting to be reported to Council.  In this instance two sets of minutes are being reported.  The 25 August 2010 meeting’s adopted minutes and the draft minutes of the 6 October 2010 are appendixed to this report.

Draft Annual Financial Statements

As the attached Audit Committee minutes show, the Audit Committee meeting of 25 August 2010 discussed many items and received appropriate explanations for all issues raised.  The Audit Committee considered that the Draft Annual Financial Statements should be presented to Council for adoption.  Details of the review of the Financial Statements by the Audit Committee were included in the Business Paper Report on the Financial Statements to the Ordinary Meeting of 6 September 2010.

Records Management

The Audit Committee considered reports on Records Management on 9 December 2009, 31 March 2010 and 6 October 2010.  The latest report identifies a number of improvements that are being made including re-tasking some records staff to address higher risk issues and to improving organisational productivity.  Elsewhere in this Business Paper, the quarterly review of the Operational Plan proposes budget adjustments to fund additional resources for Records. 

 

As part of this process the Records section will examine the specific needs of each department to determine if a more customised configuration of the software system to those departments’ needs would be beneficial.  The Audit Committee will continue to monitor improvements in Records Management and the application of resources.

Release of Revised Audit Guidelines by DLG

The Division of Local Government (Department of Premier and Cabinet) released new “Internal Audit Guidelines” in September 2010 to replace the first version issued in August 2008.  The guidelines are issued under s23A of the Local Government Act and compliance is not mandatory.  Council is however required to consider the guidelines.

 

A brief report on the new guidelines was provided to the Audit Committee on 6 October 2010.  The report advised that full analysis of the guidelines had not been completed but never the less, there was clearly substantial agreement between Council’s processes and those recommended by DLG.  Where there were minor differences, these were generally seen as issues of style in constructing the charters. 

 

The current guidelines suggest that the membership of the Audit Committee should be 3 to 5 members structured as:

Ø 1 or 2 Councillors (excluding the Mayor)

Ø 2 or 3 independents

 

It appears that the guidelines have endeavoured to achieve best practice in Audit Committee membership by attempting to map commercial best practice strategies to the nearest match in Local Government.  In this process, the elected Council has been seen as the equivalent of a commercial board of directors.  However, Local Government is different to commercial operations and Audit Committee membership should reflect these differences.

 

There may be a risk that a board of directors becomes too entrenched and blinkered in its view.  However boards do not encounter a one person one vote election process every four years.  They tend not to have the media present at each ordinary meeting and tend not to face scrutiny from multiple political parties.  Yet to assume that a Council faces the same risk of becoming blinkered as a commercial board of directors is implicit, if you decide to require the same risk mitigation processes to be applied.  Risks need to be assessed from first principles not copied from another organisation. 

 

The new guidelines look to exclude the Mayor from the Audit Committee.  However, to safeguard the independence of an Audit Committee and to ensure an experienced, capable and well functioning panel, a Council’s Audit Committee should be comprised of Councillors, the Mayor or Deputy Mayor and external members that are independent of the Council. 

 

By including the Mayor as a member of the Audit Committee (but not as the chair of the committee), the organisation makes a significant statement about the importance and independence of the Committee. Importantly, if Councils were to exclude the Mayor or Deputy Mayor the Audit Committee may lose some of the most capable and experienced Councillors, and the effectiveness of the Committee may be diminished.

Consideration of Guidelines and Audit Committee Charter

The Audit Committee considered its Charter and functioning in response to the DLG recommendations.  At present, the Audit Committee consists of three non-councillor independents, a Councillor representative from each of the two major political parties, an independent Councillor and the Mayor.  This balance has been consistent since the establishment of the Audit Committee and is the accepted interpretation of the Charter provision that the membership be “broadly representative of the composition of the Council”.  This Local Government specific strategy to ensure balance and fair treatment is considered more effective than attempting to copy commercial business strategies to ensure the minority receives fair treatment.

 

The Committee Chairperson, Emeritus Professor Robert Coombes advised the Audit Committee that he considered the Committee was functioning well and considered that the DLG proposal was counter productive in Penrith’s case.  The other independent members likewise expressed confidence in the current structure before the Audit Committee resolved unanimously to support the current charter.

 

The minutes of the Audit Committee meeting note that

 

The Audit Committee was of the view that Penrith’s structure works very well and should be preferred to the structure being advocated by DLG.  It was unanimously agreed that a letter should be sent to DLG advising of this.  There was discussion about whether the letter should come from the Audit Committee Chair or from Council.

 

It is understood that a letter to the DLG from Professor Coombes and the other independent members has been drafted and will soon be sent.

 

 

 

 

RECOMMENDATION

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

 

 

ATTACHMENTS/APPENDICES

1. View

Audit Committee Minutes for 25 August 2010

3 Pages

Appendix

2. View

Audit Committee Minutes for 6 October 2010

4 Pages

Appendix

  


Ordinary Meeting

8 November 2010

Appendix 1 - Audit Committee Minutes for 25 August 2010

 

 

 




Ordinary Meeting

8 November 2010

Appendix 2 - Audit Committee Minutes for 6 October 2010

 

 

 





Ordinary Meeting

8 November 2010

A Leading City

 

 

 

4

Pecuniary Interest Returns   

 

Compiled by:                Adam Beggs, Administration Officer - Policy and Council Support

Authorised by:             Glenn Schuil, Acting Executive Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

Chapter 14 of the Local Government Act, 1993 (the Act) concerns “Honesty and Disclosure of Interests”, and requires all elected members and designated persons to complete an initial Pecuniary Interest Return, and every year thereafter an annual return.  Designated persons include the General Manager, other senior staff, and staff holding a position identified by the Council as a position of a designated person, because it involves the exercise of certain functions such as regulatory or contractual functions.  First returns have to be completed and lodged within three months of becoming a Councillor or designated person. Annual returns have to be completed and lodged within three months of 30 June each year.

 

With the exception of two staff members, all Councillors’ and staff Pecuniary Interest Returns were completed and lodged within the due time. In respect of the two staff members, one officer lodged the return one day after the due date and the other staff member chose not to submit a Return, notwithstanding a number of requests from his Manager. The staff member concerned expressed a significant personal concern about the potential availability of information listed on the pecuniary interest return. This employee is on a short term contract position and alternative arrangements have been made for his delegated responsibilities.

 

Given the circumstances, Council is obliged to refer the matter to the attention of the Division of Local Government.

Current Situation

Section 450A of the Act regarding the registration and tabling of returns lodged by Councillors and designated persons is as follows:

 

 Register and Tabling of Returns
450A.


1. The General Manager must keep a register of returns required to be lodged with the General Manager under Section 449.

2. Returns required to be lodged with the General Manager under Section 449 must be tabled at a Meeting of the Council, being:

 

(a) in the case of a return lodged in accordance with section 449(1) - the first Meeting held after the last day for lodgement under that subsection; or

(b) in the case of a return lodged in accordance with section 449(3) - the first Meeting held after the last day for lodgement under that subsection; or

(c) in the case of a return otherwise lodged with the General Manager - the first Meeting after lodgement.

 

A register of all returns lodged by Councillors and designated persons, in accordance with Section 449 of the Act, is currently kept by Council as required by this part of the Act.

 

All returns lodged by Councillors and designated persons under Section 449 of the Act must be tabled at a Council Meeting as outlined in Sections 450A(2)(a), (b) and (c) above.

 

The following Section 449(3) returns have been lodged:

 

Councillor

Return Period

Date Lodged

Councillor Jim Aitken OAM

1 July 2009-30 June 2010

17 August 2010

Councillor Kaylene Allison

1 July 2009-30 June 2010

3 August 2010

Councillor Robert Ardill

1 July 2009-30 June 2010

28 September 2010

Councillor Kevin Crameri OAM

1 July 2009-30 June 2010

21 July 2010

Councillor Greg Davies

1 July 2009-30 June 2010

7 July 2010

Councillor Mark Davies

1 July 2009-30 June 2010

23 September 2010

Councillor Tanya Davies

1 July 2009-30 June 2010

9 September 2010

Councillor Ross Fowler OAM

1 July 2009-30 June 2010

8 July 2010

Councillor Ben Goldfinch

1 July 2009-30 June 2010

7 July 2010

Councillor Jackie Greenow

1 July 2009-30 June 2010

7 July 2010

Councillor Prue Guillaume

1 July 2009-30 June 2010

28 September 2010

Councillor Marko Malkoc

1 July 2009-30 June 2010

7 July 2010

Councillor Karen McKeown

1 July 2009-30 June 2010

7 July 2010

Councillor Kath Presdee

1 July 2009-30 June 2010

7 July 2010

Councillor John Thain

1 July 2009-30 June 2010

28 September 2010

 

 

 

Name

Position Title

Return Period

Date Lodged

Terry Agar

Place Management Coordinator

1 July 2009-30 June 2010

14 July 2010

Alex Alagiah

Asset Systems Engineer

1 July 2009-30 June 2010

3 August 2010

Mahbub Alam

Planner

1 July 2009-30 June 2010

7 September 2010

Robert Anderson

Property Valuation Officer

1 July 2009-30 June 2010

3 September 2010

Zukauskas Antanas

Works Coordinator

1 July 2009-30 June 2010

30 September 2010

Natasha Baker

Senior Planner

1 July 2009-30 June 2010

28 September 2010

Graham Bambrick

Customer Service Supervisor

1 July 2009-30 June 2010

14 July 2010

Zig Barglik

Works Coordinator

1 July 2009-30 June 2010

14 July 2010

Linden Barnett

Group Manager – Workforce & Workplace

1 July 2009-30 June 2010

2 July 2010

Steven Barratt

Building Regulatory Coordinator

1 July 2009-30 June 2010

14 July 2010

Paul Battersby

Senior Planner

1 July 2009-30 June 2010

17 August 2010

Josephine Meiijers

Environmental Planner - EP

1 July 2009-30 June 2010

25 August 2010

Kristin Blain

Environmental Health Officer

1 July 2009-30 June 2010

14 July 2010

Peter Blazek

Property Management Officer

1 July 2009-30 June 2010

14 July 2010

Darrell Boggs

RID Squad Investigation Officer

1 July 2009-30 June 2010

27 July 2010

Stephen Britten

Group Manager – Legal & Governance

1 July 2009-30 June 2010

2 July 2010

Mark Broderick

Planning & Advocacy Coordinator

1 July 2009-30 June 2010

6 August 2010

Geoffrey Brown

Waste Management / Contracts Coordinator

1 July 2009-30 June 2010

14 July 2010

Peter Browne
Peter Browne

Internal Auditor

1 July 2009-30 June 2010

28 September 2010

Matthew Bullivant

Legal Officer

1 July 2009-30 June 2010

2 August 2010

Amanda Burns

Companion Animals Officer

1 July 2009-30 June 2010

14 July 2010

David Burns

Group Manager – City Presentation

1 July 2009-30 June 2010

27 July 2010

Greg Butchard

Senior Asset Coordinator

1 July 2009-30 June 2010

27 July 2010

Wendy Butler

Graduate Environmental Planner

1 July 2009-30 June 2010

7 September 2010

Craig Butler

Director

1 July 2009-30 June 2010

20 July 2010

Laurence Cafarella

Acting Waste and Community Protection Officer

1 July 2009-30 June 2010

9 September 2010

Allison Cattell

Environmental Planner - DA

1 July 2009-30 June 2010

14 July 2010

Ian Catto

Environmental Health & Building Surveyor

1 July 2009-30 June 2010

9 September 2010

Abdul Cheema

Senior Planner

1 July 2009-30 June 2010

14 July 2010

Steven Chong

Senior Environmental Planner - DA

1 July 2009-30 June 2010

27 September 2010

Julian Clark

Environmental Health Officer (Compliance)

1 July 2009-30 June 2010

15 July 2010

Lindsay Clarke

Parks Coordinator

1 July 2009-30 June 2010

14 July 2010

Judy Cobb

Neighbourhood Facilities Coordinator

1 July 2009-30 June 2010

17 August 2010

Grant Collins

Recreational and Cultural Facilities Planner

1 July 2009-30 June 2010

17 August 2010

Andrew Colusso

Environmental Health & Building Surveyor

1 July 2009-30 June 2010

27 September 2010

Belinda Comer

Environmental Health Officer

1 July 2009-30 June 2010

17 September 2010

Julie Condon

 Coordinator Development Enquiry & Customer Service

1 July 2009-30 June 2010

9 September 2010

Kelly Connor

Senior Environmental Health Officer

1 July 2009-30 June 2010

14 July 2010

Robert Craig

Senior Environmental Planner

1 July 2009-30 June 2010

14 September 2010

Aldo Credaro

Asset Coordinator

1 July 2009-30 June 2010

20 July 2010

Anthony Crichton

Senior Planner

1 July 2009-30 June 2010

14 September 2010

Ashlee Cutter

Trainee Environmental Planner

1 July 2009-30 June 2010

14 July 2010

Teresa Dalton

Environmental Health Officer

1 July 2009-30 June 2010

27 September 2010

Albert Davis

Animal Services Officer

1 July 2009-30 June 2010

3 September 2010

Monique Desmarchelier

Healthy People Partnership Officer

1 July 2009-30 June 2010

27 September 2010

Colin Dickson

Marketing, Partnerships & Events Coordinator

1 July 2009-30 June 2010

21 July 2010

Rodney Esdaile

Senior Development Engineer

1 July 2009-30 June 2010

14 July 2010

Adrian Estreich

Team Leader (Environment)

1 July 2009-30 June 2010

9 September 2010

Craig Field

Caretaker / Building Services Officer

1 July 2009-30 June 2010

28 September 2010

Karin Fuller

Ranger – Parking

1 July 2009-30 June 2010

14 July 2010

Noel Fuller

Coordinator Ranger and Animal Services

1 July 2009-30 June 2010

14 July 2010

Nabil Garas

Ranger – Parking

1 July 2009-30 June 2010

14 July 2010

Christopher Gardner

Information Management and Technology Manager

1 July 2009-30 June 2010

14 July 2010

Joshua Giblin

Acting Human Resources Officer

1 July 2009-30 June 2010

6 August 2010

Stephen Gillis

RID Squad Senior Investigations Officer

1 July 2009-30 June 2010

27 July 2010

Ruth Goldsmith

Group Manager - Leadership

1 July 2009-30 June 2010

3 September 2010

Geoff Goodacre

Customer Services Officer – Development Services

1 July 2009-30 June 2010

14 July 2010

John Gordon

Parks Manager

1 July 2009-30 June 2010

25 August 2010

Peter Graham

Works Coordinator

1 July 2009-30 June 2010

15 July 2010

Brian Griffiths

Manager Property Development

1 July 2009-30 June 2010

27 July 2010

Andrew Gunner

HR Systems Administrator

1 July 2009-30 June 2010

29 September 2010

Greg Hall

Principal Planner DA

1 July 2009-30 June 2010

14 September 2010

Len Hall

RID Squad Investigation Officer

1 July 2009-30 June 2010

27 July 2010

Murray Halls

Public Domain Coordinator

1 July 2009-30 June 2010

9 September 2010

Carmel Hamilton

Sustainability Coordinator

1 July 2009-30 June 2010

27 July 2010

Elizabeth Hanlon

Senior Planner

1 July 2009-30 June 2010

27 July 2010

Andrew Hewson

Sustainability Education Officer

1 July 2009-30 June 2010

14 July 2010

Eric Hausfeld

Development Engineering Coordinator

1 July 2009-30 June 2010

14 July 2010

Christopher Hawkins

Environmental Health & Building Surveyor

1 July 2009-30 June 2010

14 July 2010

Phil Hendrie

Public Domain Operations Supervisor

1 July 2009-30 June 2010

14 July 2010

John Hollier

Planning Information Coordinator

1 July 2009-30 June 2010

14 July 2010

Graham Howe

Building Projects & Maintenance Coordinator

1 July 2009-30 June 2010

14 July 2010

Justin Howe

Environmental Compliance Officer (Compliance)

1 July 2009-30 June 2010

14 July 2010

Paul Humphreys

Workforce Training Development Coordinator

1 July 2009-30 June 2010

8 July 2010

Barry Husking

Director

1 July 2009-30 June 2010

14 July 2010

Sam Innes

Senior Waterways Officers

1 July 2009-30 June 2010

27 September 2010

Tanya Jackson

Strategic Coordinator

1 July 2009-30 June 2010

15 September 2010

Amanda James

Human Resource Officer

1 July 2009-30 June 2010

6 August 2010

Sellathurai Kananathan

Ranger – Parking

1 July 2009-30 June 2010

2 August 2010

Nadadajah Karunakaran

Projects Engineer

1 July 2009-30 June 2010

29 September 2010

Janet Keegan

Children’s Services Manager

1 July 2009-30 June 2010

17 September 02010

Grace Keenan

Trainee Environmental Health Officer

1 July 2009-30 June 2010

14 July 2010

Vince Klajevic

RID Squad Investigation Officer

1 July 2009-30 June 2010

28 September 2010

Jessie Koza

Environmental Health Officer (Compliance)

1 July 2009-30 June 2010

14 July 2010

Stephen Krimmer

Environmental Health and Building Surveyor

1 July 2009-30 June 2010

14 September 2010

John Krkach

Building Maintenance Supervisor

1 July 2009-30 June 2010

14 July 2010

Allison Kyriakakis

Community Safety Coordinator

1 July 2009-30 June 2010

21 July 2010

Peter Lang

Marketing Officer

1 July 2009-30 June 2010

27 September 2010

Gary Lawson

Traffic & Special Events Coordinator

1 July 2009-30 June 2010

20 July 2010

Aimee Lee

Environmental Planner - DA

1 July 2009-30 June 2010

27 September 2010

Paul Lemm

Development Services Manager

1 July 2009-30 June 2010

2 August 2010

Graham Liehr

Environmental Health Manager

1 July 2009-30 June 2010

2 August 2010

Kenneth Lim

Management Planning Coordinator

1 July 2009-30 June 2010

25 August 2010

Vanessa Luck

Environmental Healthy Officer

1 July 2009-30 June 2010

14 July 2010

Ryan Maestri

Fire Safety Officer

1 July 2009-30 June 2010

14 July 2010

Carlie Mason

Environmental Health Officer (Compliance)

1 July 2009-30 June 2010

27 July 2010

Stephen Masters

Senior Development Engineer

1 July 2009-30 June 2010

28 September 2010

Paul Maynard

Ranger – General

1 July 2009-30 June 2010

27 September 2010

Glenn McCarthy

Executive Officer

1 July 2009-30 June 2010

14 July 2010

Kristy McCreadie

Team Leader ( Health)

1 July 2009-30 June 2010

22 September 2010

Mark McLachlan

Asset Coordinator

1 July 2009-30 June 2010

29 September 2010

Amanda McMurtrie

Planner

1 July 2009-30 June 2010

14 July 2010

Johannes Meijer

City Works Manager

1 July 2009-30 June 2010

14 July 2010

Michael Mendham

Supervisor Halls and Cleaning

1 July 2009-30 June 2010

14 July 2010

Anthony Milanoli

Senior Planner

1 July 2009-30 June 2010

8 July 2010

Marnie Mitchell

Human Resource Coordinator

1 July 2009-30 June 2010

14 July 2010

Wayne Mitchell

Group Manager – City Infrastructure

1 July 2009-30 June 2010

5 July 2010

Kenneth Muir

Risk Management Coordinator

1 July 2009-30 June 2010

17 September 2010

Vanessa Muscat

Team Leader Building Approvals

1 July 2009-30 June 2010

14 July 2010

Andrew Moore

Financial Services Manager

1 July 2009-30 June 2010

17 August 2010

Kenneth Myhill

Fleet Coordinator

1 July 2009-30 June 2010

15 July 2010

Roger Nethercote

Group Manager – People & Places

1 July 2009-30 June 2010

17 August 2010

Vicki O’Kelly

Group Manager – Finance

1 July 2009-30 June 2010

7 July 2010

Paul Page

City Marketing Supervisor

1 July 2009-30 June 2010

3 August 2010

Jonathan Page

Team Leader (Land Use & Auditing)

1 July 2009-30 June 2010

14 July 2010

Geoff Payne

OH&S & IM Coordinator

1 July 2009-30 June 2010

8 July 2010

Yvonne Perkins

Public Domain Amenity & Safety Manager

1 July 2009-30 June 2010

14 July 2010

Nora Pillon

Casual Health and Building Surveyor

1 July 2009-30 June 2010

27 July 2010

Pukar Pradhan

Senior Environmental Planner - DA

1 July 2009-30 June 2010

3 September 2010

Anthony Price

Environmental Health Coordinator

1 July 2009-30 June 2010

7 September 2010

Steven Purvis

Senior Ranger – General

1 July 2009-30 June 2010

27 July 2010

Krystie Race

Senior Sustainability Planner

1 July 2009-30 June 2010

23 September 2010

Deepa Randhawa

Environmental Planner - DA

1 July 2009-30 June 2010

27 September 2010

Daria Rech

Stormwater Management Officer

1 July 2009-30 June 2010

3 September 2010

Bernadette Riad

Acting Sustainability Coordinator

1 July 2009-30 June 2010

14 September 2010

Darren Riding

RID Squad Investigation Officer

1 July 2009-30 June 2010

27 July 2010

Hamish Roberston

Team Leader (Natural Systems)

1 July 2009-30 June 2010

19 July 2010

Andrew Robinson

Recreation Manager

1 July 2009-30 June 2010

17 August 2010

Craig Ross

Major Projects Manager

1 July 2009-30 June 2010

14 September 2010

Stacey Rossetto

City Marketing Officer

1 July 2009-30 June 2010

25 August 2010

Evan Rowse

Tree Management Officer

1 July 2009-30 June 2010

14 July 2010

Barry Ryan

Coordinator RID Squad

1 July 2009-30 June 2010

27 July 2010

Glenn Schuil

Acting Executive Officer

1 July 2009-30 June 2010

14 September 2010

Geoffrey Shuttleworth

Manager City Marketing

1 July 2009-30 June 2010

21 July 2010

Gurvinder Singh

Senior Environmental - Team Leader

1 July 2009-30 June 2010

27 September 2010

Indar Singh

Environmental Health and Building Surveyor

1 July 2009-30 June 2010

3 August 2010

Carl Spears

Media Liaison Officer

1 July 2009-30 June 2010

14 September 2010

Gowry Sriskandagowrythasan

Civil Operations Engineer

1 July 2009-30 June 2010

27 July 2010

Brian Steffen

Group Manager – Information & Customer Relations

1 July 2009-30 June 2010

5 July 2010

Colin Stevenson

Library Services Manager

1 July 2009-30 June 2010

25 August 2010

Alan Stoneham

General Manager

1 July 2009-30 June 2010

25 August 2010

Joan Suckling

Resources Librarian

1 July 2009-30 June 2010

3 September 2010

Samantha Sutherland

Human Resource Officer

1 July 2009-30 June 2010

14 July 2010

Robert Taylor

Engineering Coordinator

1 July 2009-30 June 2010

14 July 2010

Matthew Tempest

Environmental Planner - DA

1 July 2009-30 June 2010

30 September 2010

Wayne Trew

Project Coordinator Development Contributions

1 July 2009-30 June 2010

19 July 2010

Glen Tuckwell

Building Projects & Maintenance Coordinator

1 July 2009-30 June 2010

14 July 2010

Jeanne Uren

Ranger – Parking

1 July 2009-30 June 2010

14 July 2010

Gabor Very

Environmental Health and Building Surveyor

1 July 2009-30 June 2010

16 July 2010

Joe Vocisano

Ranger – Parking

1 July 2009-30 June 2010

14 July 2010

Drago Vrh

Environmental Health and Building Surveyor

1 July 2009-30 June 2010

14 July 2010

Beth Wade-Ferrell

Companion Animals Officer

1 July 2009-30 June 2010

6 August 2010

Erich Weller

Manager Community & Cultural Development

1 July 2009-30 June 2010

14 July 2010

Danielle Welsh

Manager Personnel Services

1 July 2009-30 June 2010

2 August 2010

Thomas Wheeler

Trainee Environmental Planner DA

1 July 2009-30 June 2010

6 August 2010

Suzanne White

Restorations & Maintenance Engineer

1 July 2009-30 June 2010

27 September 2010

Gordon Williams

Environmental Planner - DA

1 July 2009-30 June 2010

28 September 2010

Colin Wood

Building Approvals Coordinator

1 July 2009-30 June 2010

14 July 2010

Jonathan Wood

Trainee Environmental Planner DA

1 July 2009-30 June 2010

14 July 2010

Peter Wood

Development Services Coordinator

1 July 2009-30 June 2010

14 July 2010

David Yee

Engineering Policy Officer

1 July 2009-30 June 2010

14 July 2010

Allegra Zakis

Strategic Coordinator

1 July 2009-30 June 2010

27 July 2010

Mary Zuber

Environmental Marketing Officer

1 July 2009-30 June 2010

27 September 2010

 

The following Section 449 (1) returns have been lodged:

 

Name

Position Title

Due Date

Date lodged

Michael Alderton

Road Network Services Engineer

30 September 2010

9 September 2010

Samuel Becke

RID Squad Investigation Officer

30 September 2010

27 July 2010

Phillipa Bishop

Senior Sustainability Planner

30 September 2010

9 September 2010

Charlie Caraballo

Senior Development Engineer

30 September 2010

7 September 2010

Phillip Doy

Animal Services Officer

30 September 2010

3 September 2010

Andrew Hewson

Sustainability Education Officer

29 June 2010

12 April 2010

Olivia Kidon

Acting Community Safety Coordinator

30 September 2010

27 July 2010

Lynda Lowe

Cemeteries Supervisor

30 September 2010

14 July 2010

Soraya Mahomed

Restorations & Maintenance Engineer

30 September 2010

3 September 2010

Denis McKeon

Casual Environmental Health Officer

30 September 2010

22 September 2010

Jamie Redman

Casual Environmental Health Officer

30 September 2010

3 August 2010

Matthew Rose

Senior Planner

30 September 2010

27 July 2010

Stacey Rossetto

City Marketing Officer

5 August 2010

28 May 2010

Robert Simpson

Project Engineer

30 September 2010

Not lodged

Walter Sinnadurai

Transportation Planner

30 September 2010

30 September 2010

Ratnam Thilliyar

Engineering Stormwater Supervisor

30 September 2010

30 September 2010

Adam Wilkinson

Engineering Services Manager

30 September 2010

20 July 2010

Therese Winn

Casual Environmental Health Officer

30 September 2010

1 October 2010

With the exception of two pecuniary interest returns by designated employees, the returns were completed and lodged prior to the due date for the receipt of the returns and are kept in a register held by the Acting Executive Officer. In respect of the two staff members, one return was submitted a day after the return was due, and the other staff member chose not to complete a return, notwithstanding a number of requests from his Manager. The staff member concerned expressed a significant personal concern about the potential availability of information listed on the pecuniary interest return. This employee is on a short term contract position and alternative arrangements have been made for his delegated responsibilities.

Given the circumstances, Council is obliged to refer the matter to the attention of the Division of Local Government.

The Acting Executive Officer has the returns available in the Chamber.

 

 

RECOMMENDATION

That the information contained in the report on Pecuniary Interest Returns be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

8 November 2010

A Leading City

 

 

 

5

2010 Local Government Association Annual Conference   

 

Compiled by:                Glenn McCarthy, Public Officer

Authorised by:             Glenn McCarthy, Public Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

This report provides details of the proceedings of the 2010 Local Government Association (LGA) Conference held in Albury from 24 to 27 October 2010.

 

Council submitted thirteen (13) motions to the Conference with the following result:

·      Six (6) motions were adopted either as submitted, with minor amendment or as being covered by a similar motion

·