OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 30 MAY 2011 AT 7:30PM
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 Senior Governance Officer, Glenn Schuil.
PRESENT
Deputy Mayor, Councillor Jim Aitken OAM, Councillors Kevin Crameri 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.
|
111 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Jackie Greenow that the minutes of the Ordinary Meeting of 2 May 2011 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Kaylene Allison declared a Pecuniary Interest in Item 9 - Development Application DA10/0951 Two (2) Lot Subdivision and Construction of a Private Access Road at Lot 2 DP 556036 (No. 61 - 109) Bakers Lane, Kemps Creek as she is employed by the owner who is subject of the application. Councillor Allison indicated that she would leave the room and take no part in consideration of the item.
Item 15 - Proposal to name the cricket/AFL oval at Cook Park
Mr Wayne Ball
Mr Ball, an interested citizen spoke in support of the recommendation and on behalf of the Ball family. Mr Ball wished to thank Council, Council officers and Penrith Cricket Club representatives who had directly dealt with his father. Mr Ball indicated that his father never sought self recognition but he would be very proud to have received such an honour and wished to pass on the gratitude of the family for allowing his father to be recognised in this way by the community.
|
113 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 7:39pm. |
|
1 Report and Recommendation of the Access Committee meeting held on 6 April, 2011 |
|
114 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 6 April, 2011 be adopted. |
|
2 Report and Recommendations of the Local Traffic Committee Meeting held on 2 May 2011 |
|
115 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor John Thain That 1. The recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2011 be adopted.
2. The issue raised as General Business – Item 1 concerning traffic congestion in Glossop Street, St Marys be investigated as soon as possible.
|
|
3 Report and Recommendations of the Policy Review Committee meeting, held on 9 May, 2011 |
|
116 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 May, 2011 be adopted.
|
Deputy Mayor, Councillor Jim Aitken OAM read a statement which acknowledged Councillor Karen McKeown’s significant achievement in being bestowed life membership of the Australian Local Government Women’s Association (ALGWA). The Deputy Mayor passed on the Council’s congratulations to Councillor McKeown and also the staff representatives who represent Council on ALGWA.
|
2 A Summary of Investments and Banking for the period 1 April to 30 April 2011. |
|
117 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown That: 1. The information contained in the report on A Summary of Investments and Banking for the period 1 April to 30 April 2011 be received 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2011 to 30 April 2011 be noted and accepted. 3. The graphical investment analysis as at 30 April 2011 be noted.
|
|
1 Glenmore Park Stage 1 Development Contributions Plan Review |
||||||||||||||||||||||||||||||||
|
119 RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Karen McKeown That: 1. The information contained in the report on Glenmore Park Stage 1 Development Contributions Plan Review be received 2. Council resolve to expend remaining and projected Glenmore Park Stage 1 Development Contributions funds on the “recommended list of works” described in this report 3. That in the event that there are any further surpluses following completion of the adopted “recommended list of works”, that the remaining funds be spent on the “proposed capital works projects (further options)” described in this report 4. If Council resolves to fund works that are not currently provided for in the Glenmore Park Stage 1 Development Contributions Plan or the list recommended in this report, it resolves to amend the Plan to include those new works in the Plan’s facilities list and exhibit the revised plan in accordance with the requirements of the Environmental Planning & Assessment Act 5. Upon allocation of all remaining and projected funds in the Glenmore Park Stage 1 Development Contributions Plan, Council authorises staff to rescind the Plan in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations, and future additional residential development in the area be subject to contributions for established areas, upon amendment of the relevant Development Contributions Plans. 6. The issue of a library on the Southern part of the city be specifically referred to the Future Directions in Library Services Working Party In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
|
3 Passing of Betty Hargreaves OAM Councillor Kevin Crameri OAM and Ross Fowler OAM both spoke in support of the report. Deputy Mayor, Councillor Jim Aitken OAM then asked that the meeting observe a minute’s silence in memory of Betty Hargreaves OAM. |
|
120 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the information contained in the report on Passing of Betty Hargreaves OAM be received.
|
|
6 Draft Planning Proposal - Two Further Amendments to Penrith Local Environmental Plan 2010 |
||||||||||||||||||||||||||||||||
|
122 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Draft Planning Proposal - Two Further Amendments to Penrith Local Environmental Plan 2010 be received. 2. In accordance with the Environmental Planning and Assessment Act, 1979 and Regulation, 2000, Council endorse the inclusion of the Twin Creeks Amendment and the Smeeton Road Amendment, as discussed in the report, in the previously endorsed Draft Planning Proposal – Amendments to Penrith LEP 2010 and draft Penrith LEP (Environmental Heritage Conservation) 2011. 3. Council forward the amended Draft Planning Proposal to the Department of Planning and Infrastructure seeking the issue of a Gateway Determination, and upon receipt, commence a consultation program with public authorities and the community as required by the Gateway Determination. 4. A further report be presented to Council following the public exhibition of the amended Draft Planning Proposal advising of the outcomes of the consultation program and any recommendations relating to the adoption of the final Planning Proposal.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
|
10 2010/2011 Community Initiatives Grants Scheme Glenmore Park |
|
123 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on 2010/2011 Community Initiatives Grants Scheme Glenmore Park be received. 2. Council approve funding the applications and amounts totalling $20,000 from the Community Initiatives Grants Scheme component of the Glenmore Park Section 94 Contributions Plan as outlined in Table 1 of this report.
|
|
7 Development Application DA11/0025 Proposed Health Facility Lot 2 DP 157408 (No. 26) Gidley Street, St Marys Applicant: Savills Project Management; Owner: State Property Authority |
||||||||||||||||||||||||||||||||
|
124 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow That: 1. The information contained in the report on Development Application DA11/0025 Proposed Health Facility Lot 2 DP 157408 (No. 26) Gidley Street, St Marys be received 2. The report be deferred and Council write to the Minister for Health and all Local Members outlining that Council will not support the application until the parking and accessibility issues are satisfactorily resolved. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
|
8 Development Application DA11/0121 Proposed dwelling addition at Lot 270 DP 250485 (No. 5) Malabine Place, South Penrith Applicant: Michael O'Brien; Owner: Michael O'Brien |
||||||||||||||||||||||||||||||||
|
125 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown That: 1. The information contained in the report on Development Application DA11/0121 Proposed dwelling addition at Lot 270 DP 250485 (No. 5) Malabine Place, South Penrith be received 2. The SEEP 1 objection relating to landscape area and rear setback be supported 3. Development Application DA11/0121 Proposed dwelling addition at Lot 270 DP 250485 (No. 5) Malabine Place, South Penrith be approved subject to the attached conditions: Standard Conditions 3.1 A001 - Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A046 – Issue of Construction Certificate D007 – Cut and fill of land requiring Validation Certificate D009 – Covering Waste Storage area D010 – Waste disposal E001 – BCA compliance H001 – Stamped plans and erection of site notice H030 – Roof colours H041 – Hours of work L008 – Tree preservation order P002 - Fees Q01f – Notice of commencement and appointment of PCA Q05f - Occupation Certificate Special Conditions 3.2 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 (Note: To obtain a copy of the publication, you should contact Landcom on (02) 98418600) The approved sediment and erosion control measures are to be installed prior to and maintained throughout the construction phase of the development until the land, that was subject to the works, have been stabilised and grass cover established. 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 3.3 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 3.7.2 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 3.4 The external finishes of the dwelling are to compliment and blend with the established streetscape and amenity of the area 3.5 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:
|
Having previously declared a Pecuniary Interest Councillor Kaylene Allison left the meeting, the time being 8:41pm.
|
9 Development Application DA10/0951 Two (2) Lot Subdivision and Construction of a Private Access Road at Lot 2 DP 556036 (No. 61 - 109) Bakers Lane, Kemps Creek Applicant: Catholic Health Care Limited; Owner: Catholic Church (Diocese of Parramatta) DA10/0951 |
||||||||||||||||||||||||||||||
|
126 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Development Application DA10/0951 Two (2) Lot Subdivision and Construction of a Private Access Road at Lot 2 DP 556036 (No. 61 - 109) Bakers Lane, Kemps Creek 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 DA10/0951 Two (2) Lot Subdivision and Construction of a Private Access Road at Lot 2 DP 556036 (No. 61 - 109) Bakers Lane, Kemps Creek be determined under delegated authority.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
Councillor John Thain left the meeting the time being 8:41pm.
Councillor Kaylene Allison returned to the meeting, the time being 8:41pm.
Councillor John Thain returned to the meeting the time being 8:41pm.
|
11 Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Dr. Malcolm Borland, AM |
|
127 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain That: 1. The information contained in the report on Bestowing the Civic Recognition of Honoured Citizen of the City of Penrith upon Dr. Malcolm Borland, AM be received 2. Council bestow the civic recognition of Honoured Citizen of the City of Penrith upon Dr Malcolm Borland AM, at a civic reception to be held at a mutually convenient time.
|
|
128 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 16-10/11, Provision of Fire Services be received 2. Firetection be appointed as the preferred contractor for the provision of maintenance of Fire Services for a period of three (3) years with the option to extend for a further two (2) x one (1) year periods subject to satisfactory performance.
|
|
13 Tender Reference 17-10/11, Mechanical Services Upgrade at Queen Street, St Marys |
|
129 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 17-10/11, Mechanical Services Upgrade at Queen Street, St Marys be received 2. New tenders be called for Mechanical Services Upgrade at Queen St, St Marys. 3. AG Coombs (NSW) Pty Ltd be notified that their tender was unsuccessful
|
|
130 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that the information contained in the report on Council Wins State Engineering Excellence Award be received.
|
|
131 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain That: 1. The information contained in the report on Proposal to name the cricket/AFL oval at Cook Park be received 2. Council endorse the name of the oval as Bill Ball Oval, Cook Park.
3. A sign reflecting the name of the oval be installed.
4. A framed copy of the report be presented to the Ball Family.
|
|
16 Proposal to name the club room in the N.A. Hunter Pavilion |
|
132 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Proposal to name the club room in the N.A. Hunter Pavilion be received 2. The club room in the N.A. Hunter cricket pavilion building at Howell Oval be named in recognition of Trevor Wholohan OAM. 3. An appropriate sign be displayed in the club room identifying it as the Trevor Wholohan Room as well as providing details of his achievements. 4. A framed copy of the report be sent to Mr Trevor Wholohan OAM.
|
Councillors Kath Presdee and John Thain left the meeting, the time being 9:01pm.
Councillors Kath Presdee and John Thain returned to the meeting, the time being 9:02pm.
|
133 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Request to surrender lease by St Marys Tennis Club Inc. be received. 2. St Marys Tennis Club Inc. be notified that the lease can be surrendered with immediate effect on 30 June 2011. 3. The common seal of the Council of the City of Penrith be placed on all necessary documentation. 4. Council operates the facility as an interim arrangement until the most appropriate management model is adopted. |
|
18 Local Government and Shires Association of NSW - Cultural Awards |
|
134 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that the information contained in the report on Local Government and Shires Association of NSW - Cultural Awards be received
|
REQUESTS FOR REPORTS AND MEMORANDUMS
|
Councillor Marko Malkoc requested a report to Council concerning providing bubblers, solar lighting, benches and picnic benches for the comfort of pet owners and pets. The report should also detail costs and how this could be funded. |
|
Councillor Ben Goldfinch requested leave of absence for the period 17 July 2011 to 26 July 2011. |
|
Councillor Ben Goldfinch requested a memo reply and contact be made with the family of Katrina Stevens. Katrina is the Martial Arts champion for her age bracket and is travelling to England to compete. Can Council staff please advise how we may be of assistance to minimise the financial burden. |
|
Councillor Ross Fowler OAM advised that Shellharbour City Council have been admitted to Westpool (9th member) and United Independent Pools (16th member). |
|
Councillor Ross Fowler OAM advised that a significant announcement had been made concerning the Link Road, Erksine Park and that it would now been proceeding to completion. Councillor Fowler OAM requested that Council write to the Penrith Business Alliance, Chamber of Commerce, the Members for Smithfield, Mulgoa and Penrith, and the NSW State Premier thanking them for this initiative. |
|
Councillor Kath Presdee requested a memo reply concerning Thurston Street, Penrith and the possibility of installing traffic calming devices and footpaving to assist with traffic issues in the area. Councillor Presdee presented a petition from local residents and asked that a progress report or results of traffic monitoring which was requested in March 2011 be provided. |
|
Councillor Greg Davies requested that Council’s City Marketing and Events team have dialogue with Blue Mountains Tourism concerning a number of initiatives they have introduced to help promote Yulefest, their Christmas in July event. Councillor Greg Davies requested a report to Council outlining methods which we can adopt to assist our City’s promotions.
|
that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:11pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:
A Leading City
2 Personnel Matter - Communication Protocol
The meeting resumed at 9:15pm and the General Manager reported that the Committee of the Whole met at 9:11pm on 30 May 2011, the following being present
Deputy Mayor, Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, 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
|
135 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Personnel Matter - Communication Protocol be received 2. The recommendations in the report be adopted.
|
ADOPTION OF Committee of the Whole
|
136 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendation contained in the Committee of the Whole and shown as CW1 and CW2 be adopted. |
|
|
There being no further business the Chairperson declared the meeting closed the time being 9:17pm.
I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 30 May 2011.
____________________ ______________
Chairperson Date