OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 7 FEBRUARY 2011 AT 7:36PM
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 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.
DECLARATIONS OF INTEREST
Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 8 - Development Application DA09/0609 Final Voluntary Planning Agreement for 2/91 Great Western Highway, Emu Plains. Applicant: J A Aitken, J W Aitken, M R Aitken & D J Reeves; Owner: Innovation Planning Australia Pty Ltd as he is one of the owners of the property. Councillor Jim Aitken OAM indicated he would leave the room for discussion on the item.
Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 - Regional and Local Community Infrastructure Program Round Three Funding as she is on the Parent Advisory Committee of the Werrianda Child Care Centre which will be receiving funding for shade structures.
Councillor Robert Ardill declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 - Youth Week 2011- Proposed Activities and Funding as one of the recipients of funding is a church he attends.
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 - Youth Week 2011- Proposed Activities and Funding as one of the recipients of funding is a church he attends.
Councillor Tanya Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 - Youth Week 2011- Proposed Activities and Funding as one of the recipients of funding is a church she attends.
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 - 2010 NSW Community Building Partnership Program Funding as he is the Public Officer of the Llandilo Hall which will be the recipient of funding recommended in the report.
|
6 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee that the information contained in the report on Audit Committee be received |
Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the meeting, the time being 8:38pm.
Councillor Jim Aitken OAM, returned to the meeting, the time being 8:39pm.
|
9 Development Application DA10/0664 Proposed Dwelling Addition at Lot 268 DP 240525 (No. 34) Kilkenny Road, South Penrith. Applicant: H R Ovenden & K J Ovenden; Owner: H R Ovenden & K J Ovenden
|
||||||||||||||||||||||||||||||||
|
14 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies That: 1. The information contained in the report on Development Application DA10/0664 Proposed Dwelling Addition at Lot 268 DP 240525 (No. 34) Kilkenny Road, South Penrith be received. 2. The SEPP 1 objections relating to landscape area be supported. 3. DA10/0664 for a dwelling addition at 34 Kilkenny Road, Penrith be approved subject to the attached conditions: Standard Conditions 3.1 A008 – Works to BCA requirements A019 – Occupation Certificate A046 – Construction Certificate required D001 – Sediment and Erosion Control D009 – Covering Waste Storage area D010 – Waste disposal E001 – BCA compliance H001 – Stamped plans and erection of site notice H041 – Hours of work K016 – Stormwater L008 - Tree Preservation Order L012 – General landscaping P002 - Fees Q01f – Notice of commencement and appointment of PCA Q05f - Occupation Certificate Special Conditions 3.2 The development must be implemented substantially in accordance with the plans drawn by Wayne Ryan, Drawing Number 10-19 pages 1- 6, dated 21.6.10, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following 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. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
|
10 Development Application DA10/1184 Proposed Single Storey Dwelling & Inground Swimming Pool at Lot 1050 DP 1128253 (No. 8 - 10) Crestwood Avenue, Glenmore Park. Applicant: B.A.C. Design Pty Ltd; Owner: P Tzirkas & L Tzirkas |
||||||||||||||||||||||||||||||||
|
15 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Development Application DA10/1184 Proposed Single Storey Dwelling & Inground Swimming Pool at Lot 1050 DP 1128253 (No. 8 - 10) Crestwood Avenue, Glenmore Park be received. 2. The SEPP 1 objections relating to landscape area be supported. 3. DA10/1184 for a dwelling at 8-10 Crestwood Avenue, Glenmore Park be approved subject to the attached conditions: Standard Conditions 3.1 A008 – Works to BCA requirements A019 – Occupation Certificate A046 – Construction Certificate required D007 – Filling of Land D009 – Covering of Waste Storage Area D010 – Appropriate disposal of excavated waste E001 – BCA Compliance H001 – Stamped Plans and Site Notice H002 – All forms of Construction H009 – Cut/Fill details H036 – Rainwater Tank H037 – Safe supply of water from catchment H038 – Connection of rainwater tank supply H039 – Rainwater tank pump I003 – Roads Act approval 1 J001 – Excavated material removal J002 – Fencing when water in pool J004 – Pool fence residential J007 – Boundary fencing J010 – Pool board/sign K016 – Stormwater K026 – Stabilised access L008 – Tree prevention order P002 – Fees associated with Council land Q01F – Notice of Commencement & Appointment of PCA Q05F – Occupation Certificate Special Conditions 3.2 The development must be implemented substantially in accordance with the plans drawn by Wayne Ryan, Drawing Number 10-19 pages 1- 6, dated 21.6.10, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions 3.3 Erosion and sediment control measures shall be installed prior to the commencement of works on site including approved clearing of site vegetation. The erosion and sediment control measures are to be maintained 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 The approved sediment and erosion control measures are to be installed prior to and maintained throughout the construction phase of the development until the landscaping, driveway and on-site parking areas have been completed for the development. These measures shall ensure that mud and soil from vehicular movements to and from the site does not occur during the construction of the development 3.4 The operating noise level of the swimming pool filter and equipment shall not exceed 5dB(A) above the background noise level when measured at the boundaries of the premises. The provisions of the Protection of the Environment and Operations Act 1997 apply on the development, in the terms of regulating offensive noise 3.5 The building shall be set out by a registered surveyor. A Survey Certificate shall be undertaken and submitted to the Principal Certifying Authority when the building is constructed to ground floor slab level and frame stage with eaves and gutters installed 3.6 The external finishes of the dwelling are to compliment and blend with the established streetscape and amenity of the area 3.7 No earthworks including cut and fill or building works including a retaining wall, garden shed or other structures 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:
|
|
11 Managed Aquifer Recharge Project Councillor Greg Davies left the meeting, the time being 8.40pm. Councillor Greg Davies returned to the meeting, the time being 8:42pm. |
|
16 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown That: 1. The information contained in the report on Managed Aquifer Recharge Project be received 2. Subject to grant funding of $2,200,000 through the NSW Office of Water, Council support the acceptance of the grant from DSEWPC on the basis of the grant and funding agreement incorporating: a. A first stage allocation sufficient for Council to undertake the required detailed design, costing and risk assessment, and b. A provision that progression of the project to construction is subject to a favourable confirmation of costs and a satisfactory risk assessment being confirmed by Council 3. Subject to approval by NSW Office of Water of the application for grant funding of $2,200,000, Council accept that grant funding subject to the favourable detailed design, costing and risk assessment to be undertaken in Stage 1 of the project 4. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation. 5. Council write to all Local and Federal members of parliament thanking them for their support with this project and also passing on Council’s thanks to the former and current Ministers. |
|
17 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Provision of Animal Pound Services be received. 2. The Waste & Community Protection Manager be authorised to prepare an inter Council agreement with Hawkesbury City Council for the provision of Animal Pound Services. |
|
18 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee That: 1. The information contained in the report on Magnetic Places Community Cultural Grants Program be received. 2. The five recommended projects listed in Table 1 in this report be approved for funding to the value of $27,354. |
|
19 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Youth Week 2011- Proposed Activities and Funding be received. 2. Council endorse the five recommended projects and funding amounts to the total value of $6,150 as outlined in Table 1 of this report.
|
Councillor Ben Goldfinch left the meeting, the time being 8:52pm.
REQUESTS FOR REPORTS AND MEMORANDUMS
|
Councillor Marko Malkoc requested a report to Council on having a permanent ‘Penrith Ambassador’ to represent the City. |
Councillor Ben Goldfinch returned to the meeting, the time being 8:54pm.
|
Councillor Tanya Davies requested that investigations take place into speeding on Bennett Road, St Clair & Colyton and that speed measuring devices be placed at intervals along this section of road. Councillor Davies requested that the residents be concerned be notified of the outcome of the investigations. |
|
RR 3 Traffic Issues - Northern Road, Chain - O - Ponds Road, Kings Hill Road and Littlefields Road |
|
Councillor Tanya Davies requested a letter which details the accident history at the above intersections with the Northern Road, what steps Council has taken to address the safety issues and any potential further improvements to driver safety. |
|
Councillor Jim Aitken OAM requested a report to Council on the Walking Bus Program that is in operation in Rouse Hill currently. |
|
Councillor Jim Aitken OAM requested a report to Council investigating the new section of Riverside Road, over the creek and whether this section of the road could be renamed to allow both the public and emergency services to find this area quickly without confusion. |
|
Councillor John Thain undertook to make representations and lobby the Premier of NSW Kristina Keneally for a shuttle bus service in the Penrith CBD. |
|
Councillor Prue Guillaume requested Council support the campaign to extend the 799 bus to Blue Hills, Glenmore Park by writing to Westbus and the NSW Minister for Transport. |
|
Councillor Tanya Davies requested Council seek irrefutable evidence that the contract to send radioactive waste from Hunters Hill to Kemps Creek has been cancelled. |
|
20 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Ben Goldfinch that the matter be brought forward and dealt with as an urgent matter. |
|
|
His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent and should be dealt with at the meeting.
|
21 RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Ben Goldfinch that Council seek irrefutable evidence that the contract to send radioactive waste from Hunters Hill to Kemps Creek has been cancelled. |
|
|
|
UB 2 Penrith District Netball Association - Request for Funding |
|
Councillor Ross Fowler OAM requested $8000 from each ward voted works be allocated to the Penrith District Netball Association to assist with the refurbishment and upgrade of the main meeting room area of their complex. 22 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as an urgent matter. |
His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent and should be dealt with at the meeting.
|
23 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that $8000 from each ward voted works be allocated to the Penrith District Netball Association to assist with the refurbishment and upgrade of the main meeting room area of their complex. |
|
|
|
24 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ben Goldfinch that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:07pm |
|
|
Councillor Tanya Davies left the meeting, the time being 9:10pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Marko Malkoc seconded Councillor Greg Davies that the press and public be excluded from Committee of the Whole to deal with the following matters:
A Leading City
2 Acquisition of Open Space, Caddens Road, Claremont Meadows
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Property Matter - Acquisition of No. 18 Carinya Avenue, St Marys
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 9:22pm and the General Manager reported that the Committee of the Whole met at 9:07pm on Monday, 7 February 2011 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 Acquisition of Open Space, Caddens Road, Claremont Meadows |
|
25 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc CW2 That: 1. The information contained in the report on Acquisition of Open Space, Caddens Road, Claremont Meadows be received. 2. Council pay compensation to the owners of Lot 5 DP 27105 for the dedication as Public Reserve of approximately 1.706 hectares of land zoned “7(a) flora and fauna conservation” in accordance with the Claremont Meadows Section 94 Plan as outlined within the summary in the report. 3. The owners be responsible for the survey, subdivision, registration and associated costs involved in dedicating the land. 4. Each party be responsible for their own legal and associated costs. 5. The land be classified as “Community” land in accordance to the Community Plans of Management. 6. The payment of the compensation amount to the owners be incorporated into Council’s 2010-11 Borrowing Program.
|
Councillor Tanya Davies returned to the meeting, the time being 9:11pm.
|
3 Property Matter - Acquisition of No. 18 Carinya Avenue, St Marys |
|
26 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Greg Davies CW3 That: 1. The information contained in the report on Property Matter - Acquisition of No. 18 Carinya Avenue, St Marys be received. 2. Council purchase Lot 199 DP 26908 in accordance with Conditions 1- 4 as outlined in the summary of the report. 3. The land, Lot 199 DP 26908, be classified as “Operational” land. 4. The City Works Manager is authorised to remove all structures from the property. 5. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. 6. A Further report be brought to Council on provision for managing traffic and parking between, Carinya Avenue and West Lane, St Marys.
|
ADOPTION OF Committee of the Whole
That the recommendation contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.
|
Councillor Ross Fowler OAM requested that $3,000 from each Wards voted works be allocated to the Queensland Premier's flood relief appeal. |
|
27 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as an urgent matter. |
His Worship the Mayor, Councillor Kevin Crameri OAM, ruled that the matter was urgent and should be dealt with at the meeting.
|
28 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that $3,000 from each Wards voted works be allocated to the Queensland Premier's flood relief appeal. |
|
|
There being no further business the Chairperson declared the meeting closed the time being 9:26pm.