OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 21 MARCH 2011 AT 7:33PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
Deputy Mayor, Councillor Jim Aitken OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by Rev. Neil Checkley
PRESENT
Deputy Mayor, Jim Aitken OAM, Councillors Kevin Crameri OAM, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown and John Thain.
LEAVE OF ABSENCE
Leave of Absence was previously requested by Councillors Kath Presdee and Kaylene Allison.
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53 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marko Malkoc that Leave of Absence be granted for Councillors Kath Presdee and Kaylene Allison. |
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Leave of Absence was granted to Councillor Kath Presdee for 21 March 2011.
Leave of Absence was granted to Councillor Kaylene Allison for the period 21 March 2011 to 27 March 2011 inclusive.
DECLARATIONS OF INTEREST
Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant interest in Item 2 of the Report and Recommendations of the Policy Review Committee meeting, held on 14 March, 2011 - Protocol for Service Delivery to People Experiencing Homelessness as he was previously employed by the Minister for Housing who coordinates the Project 40 program.
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 1- Draft Planning Proposal - Amendments to Penrith Local Environmental Plan 2010 and draft Penrith Local Environmental Plan (Environmental Heritage Conservation) 2011 as he is a Director of, Accountant for, Auditor for or has clients in the areas that are the subject of the report. Councillor Ross Fowler OAM indicated he would leave the room for consideration of the items.
Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 1 - Draft Planning Proposal - Amendments to Penrith Local Environmental Plan 2010 and draft Penrith Local Environmental Plan (Environmental Heritage Conservation) 2011 as he has an interest in properties located in the area subject to the report. Councillor Jim Aitken OAM indicated his intention to leave the room for consideration of this item, and indicated that Councillor John Thain would take the Chair.
Having previously declared a Pecuniary Interest in Item 1, Councillors Ross Fowler OAM and Jim Aitken OAM left the meeting, the time being 7:42pm.
Councillor John Thain took the Chair for consideration of Item 1, the time being 7:43pm.
Councillors Jim Aitken OAM and Ross Fowler OAM returned to the meeting, the time being 7:56pm.
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5 Request for Councillor nominations for the Emu Plains Correctional Centre Community Consultative Committee |
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62 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Request for Councillor nominations for the Emu Plains Correctional Centre Community Consultative Committee be received. 2. Council nominate Councillors John Thain and Marko Malkoc to be the Councillor representatives to the Emu Plains Correctional Centre Community Consultative Committee. |
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6 Development Application DA10/0632 Proposed Additions, Alteration and Swimming Pool at Lot 15 DP 237405 (No. 11) Sylvan Place, Leonay. Applicant: Mr and Mrs Lee; Owner: Matthew S Lee |
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63 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application DA10/0632 alteration and additions at Lot 15 DP 237405 (No.11) Sylvan Place, Leonay be received 2. The SEPP 1 objection relating to the minimum landscaped area and minimum rear setback be supported 3. DA10/0632 for alterations and additions at 11 Sylvan Place, Leonay be approved subject to the attached condition: Standard Conditions
3.1 A001 – Approved Plans A008 – Works to BCA requirements A019 – Occupation Certificate A041 – Building in Bushfire Prone Land A046 – Construction Certificate Required D001 – Erosion and Sediment Controls D007 – Filling of Land D009 – Covering of Waste Storage Area D010 – Appropriate Disposal of Excavated Area E001 – BCA Compliance F006 – Rainwater Tanks and Nuisance H001 – Stamped Plans and Site Notice H002 – All forms of Construction H009 – Cut/Fill details H030 – External Finishes H037 – Safe supply of water from catchment H038 – Connection of rainwater tank supply H039 – Rainwater tank pump H041 – Hours of work 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 Disposal L008 – No tree removal P001 – Costs P002 – Fees associated with Council Land Q01F – Notice of Commencement Q05F – Occupation Certificate
Special Conditions
3.2 A Special – Building in Bushfire Prone Land:
Conditions imposed by RFS:
3.3 At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.
3.4 New construction shall comply with section 8 (BAL 40) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’.
3.5 There is to be no exposed timber on the proposed building.
3.6 The existing building shall be upgraded to improve protection against bush fires by preventing the entry of embers by undertaking the following:
a) Windows are to be screened with aluminium, bronze or corrosion resistant steel mesh with a maximum aperture size of 2mm. Screens shall be placed over that part of the window that can be opened; b) Vents, weepholes and the like are to be screened with aluminium, bronze or corrosion resistant steel mesh with a maximum aperture of 2mm; c) External doors to be sealed with draft excluders.
3.7 Landscaping to the site to comply with the principles of Appendix 5 of ‘Planning for Bush Fire Protection 2006’.
3.8 Compliance with the requirements of Bushfire Threat Assessment Report dated 26 November 2010 prepared by Bushfire Safety Solutions are as follows:
a) External cladding material to be -/30-30 FRL (or greater up to 60 minutes FRL) and be non combustible and not subject to “sprawling” during the standard fire test in accordance with As 1530.8.2;
b) External cement rendered concrete brickwork;
c) Existing external timber support posts to be clad with non combustible cladding to achieve at least -/30/30 fire resistance levels. Fire protection material to comply with the requirements of As 1530.8.2;
d) External windows to be protected with flexible radiant heat curtains (or similar);
e) Glazed elements to the western northern and southern elevations to be toughened glazing to comply with AS 1530.8.2;
f) A system of external radiant heat curtains to be incorporated into the window and sliding doors located along the western elevation;
g) External doors to be solid core doors to comply with AS 1530.8.2;
h) Garage roller doors to be protected in accordance with PBP Chapter 4, Clause 4.3.5 Figure 4.9;
i) Proposed glazed balustrade to western elevation balcony to be toughened glazing to 6mm in thickness. Alternatively, the proposed glazed elements be substituted with an open, non combustible material that complies with the Building Code of Australia Part 3.9.2;
j) External defendable space at the rear of dwelling to be constructed to IPA standard;
k) External rear boundary line drencher system to protect and lower radiant heat flux. The design of the external drencher system to be formulated by a hydraulic specialist and details to be submitted with the Construction Certificate application;
l) Additional static water supply to be provided by protected water supply tank to be connected to a permanent bushfire pump system located with the workshop portion of the dwelling. The proposed water storage column to be coordinated with the delivery rates and estimated water supply requirements for the external fire hose and fixed external drencher system.
m) Fire fighting 18mm rubber fire hose and reel to be provided to reach all elevations of the dwelling.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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7 Tenders for the Processing, Treatment and/or Disposal of Garbage - Tender No 06-10/11 |
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64 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies That: 1. The information contained in the report on Tenders for the Processing, Treatment and/or Disposal of Garbage - Tender No 06-10/11 be received.
2. The Waste & Community Protection Manager and the Legal & Governance Group Manager be authorised to conduct negotiations with SITA Environmental Solutions in regard to their tender option 2 for the processing and treatment of residual waste (from the two bin system only) and for the residual waste from the three-bin system to be disposed of at landfill; and prepare contracts for signing under the Common Seal of Council.
3. The outcomes of the negotiations in relation to the terms of the contract be brought back to a Councillor Briefing and then a report be prepared to Council.
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A Liveable City
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8 Tender Reference 14-10/11, Provision of Building Trades Services |
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65 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 14-10/11, Provision of Building Trades Services be received 2. Council appoints the tenderers as recommended in the report to the Panel of Approved Contractors for the provision of building trade services.
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10 Redevelopment of Penrith Park Football Stadium and Howell Oval Cricket Pavilion |
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66 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc That: 1. The information contained in the report on Redevelopment of Penrith Park Football Stadium and Howell Oval Cricket Pavilion be received 2. Council endorse the decision of the Working Party to expend the remaining project budget on: - The installation of a pathway linking the southern end to the eastern and western grandstands increasing accessibility at the facility. - Enhanced security to the cricket pavilion including window shutters, a security screen to an electrical cupboard, and back to base alarm. - Additional drainage work to Howell Oval for stormwater. - Pavilion naming sign (design and install). - Reinstatement of sight screen. - Design variations for adjustment to posts outside the training area and coving support to wet areas. - Professional fees -QS and consultants during construction, and inspections on completion). - Provision of additional contingency for the Howell Oval Project. - Enhancement of the hospitality level in the Eastern Grandstand subject to Federal Government approval. - Upgrades to the Western Grandstand catering facility, including equipment purchase, if the Federal Government do not approve the proposed upgrades to the hospitality level of the Eastern Grandstand. |
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67 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robert Ardill That: 1. The information contained in the report on Naming of the Pavilion at Howell Oval be received. 2. The Pavilion at Howell Oval retains the existing name of the N A Hunter Pavilion. 3. An appropriate other ground or facility be identified in the city to be named after Trevor Wholohan OAM. An AMENDMENT was MOVED by Councillor Karen McKeown seconded Councillor Greg Davies That: 1. The information contained in the report on Naming of the Pavilion at Howell Oval be received. 2. The matter be deferred to allow additional information to be provided to Councillors after further consultation with all parties. The AMENDMENT was PUT.
The AMENDMENT was LOST.
The MOTION was PUT.
The MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED. |
REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Tanya Davies requested a memo reply on the outcomes of Clean Up Australia Day in the Penrith City Council area detailing the trends, volume of rubbish and number of people and groups involved. |
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Councillor Tanya Davies requested a memo reply on actions that can be taken to clean up a small park located between Tulipwood and Coral Pea Circuit, Colyton |
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Councillor Tanya Davies requested the intersection between Coonawarra Drive and Bennett Road, St Clair be investigated to determine appropriate treatments to minimise the instances of speeding vehicles taking this corner dangerously. |
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RR 4 Round-a-bout - O'Connell Street & Second Avenue, Kingswood |
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Councillor Tanya Davies requested a memo reply concerning the Round-a-bout - at O'Connell Street & Second Avenue, Kingswood which has been built in a way that an existing telegraph pole is only inches away from the gutter. Councillor Davies asked if Council could investigate ways to improve the safety for motorists. |
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Councillor Tanya Davies requested a letter to the resident concerning issues to do with noise from trucks and hotel patrols on Park Road, Wallacia. Councillor Tanya Davies has requested the possibility of signs being erected to alert drivers to avoid the use of air breaks in a residential area be investigated and hotel owners be written to asking them to respect their neighbours in relation to noise. |
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RR 6 Park - Bass & Barr Street, Colyton and Tree Issue - 30 Garrick Street, St Clair |
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Councillor Tanya Davies requested a memo reply concerning the condition of a park located between Bass & Barr Street, Colyton and that it have a thorough clean up. In addition Councillor Tanya Davies requested that an onsite inspection be arranged with Mr Rizwan Ali of 30 Garrick Street, St Clair, to discuss his tree issue. |
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Councillor Jackie Greenow requested a report be brought to Council on the passing of Steve Hyland. |
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RR 8 Cr McKeown receives Ministers’ Award for Women in Local Government |
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Councillor Jackie Greenow requested a report to Council recognising Cr McKeown’s achievements in receiving this award. |
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Councillor Jackie Greenow requested a report to Council concerning the bus stop facilities at this location, and in particular that it is not paved or there is no bus stop infrastructure. In addition the report should also detail the costing of providing a footpath along Mamre Road, and the potential to seek funding for such a project. |
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Councillor Jackie Greenow advised that this group is holding a fundraiser at the markets this weekend, and invited all Councillors to attend. |
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Councillor John Thain requested signage or information be provided to residents to identify that this park is not an off-leash park area. Councillor Thain also advised that there is broken glass near the path areas that requires cleaning. |
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Councillor Karen McKeown requested a memo regarding how Council can partner with Panthers this year for White Ribbon day. |
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68 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Prue Guillaume that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:31pm. |
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1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Robert Ardill seconded Councillor Marko Malkoc that the press and public be excluded from Committee of the Whole to deal with the following matters:
Councillor John Thain left the meeting, the time being 8:33pm and did not return.
A Leading City
2 Council Property - Lease of Shop 14, Cranebrook Village Shopping Centre to existing Tenants, Mr Mohit Patel & Mrs Shruti Ben Patel
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 Council Property - Bennett Road, St Clair
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.
4 Council Property - Lease of Proposed Cafe Shop, 225-227 Queen Street, 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.
5 Senior Staff Matters
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 8:44pm and the General Manager reported that the Committee of the Whole met at 8:32 pm on Monday, 21 March 2011 the following being present
Deputy Mayor Jim Aitken OAM, Councillors Kevin Crameri OAM, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc and Karen McKeown.
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
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2 Council Property - Lease of Shop 14, Cranebrook Village Shopping Centre to existing Tenants, Mr Mohit Patel & Mrs Shruti Ben Patel |
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69 RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Marko Malkoc CW2 That: 1. The information contained in the report on Council Property - Lease of Shop 14, Cranebrook Village Shopping Centre to existing Tenants, Mr Mohit Patel & Mrs Shruti Ben Patel be received. 2. Council grant a five (5) year lease with a five (5) year option to the existing tenant in accordance with the terms and conditions as outlined in the report. 3. The Common Seal of the Council of the city of Penrith be placed on all documentation.
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70 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Council Property - Bennett Road, St Clair be received. 2. Council raise no objection to Optus investigating the installation of a telecommunication facility in relation to the existing light pole located at the Mark Leece Sporting Complex at Bennett Road/Endeavour Avenue, St Clair on Lot 5 DP 248680. 3. Council accept the access compensation in the amount as stated in the report. 4. The applicant to be responsible for all survey, legal and construction costs associated with the access notice.
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4 Council Property - Lease of Proposed Cafe Shop, 225-227 Queen Street, St Marys |
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71 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM CW4 That: 1. The information contained in the report on Council Property - Lease of Proposed Cafe Shop, 225-227 Queen Street, St Marys be received 2. Council grant a five (5) year lease with a five (5) year option to Maria & Robert Azize in accordance with the terms and conditions as outlined in the report 3. The Common Seal of the Council of the City of Penrith be placed on all documentation
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72 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch CW5 That: 1. The information contained in the report on Senior Staff Matters be received 2. The recommendation of the Senior Staff Recruitment Review Committee be adopted.
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ADOPTION OF Committee of the Whole
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73 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted. |
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There being no further business the Chairperson declared the meeting closed the time being 8:46pm.
I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 21 March 2011.
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Chairperson Date