OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 20 FEBRUARY 2012 AT 7:35PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Greg Davies 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 Greg Davies, and Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Mark Davies, Tanya Davies, Ross Fowler OAM, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Deputy Mayor, Councillor Jackie Greenow for a period of 22 days, as disclosed in her Councillor request.
DECLARATIONS OF INTEREST
Councillor Jim Aitken OAM declared a Pecuniary Interest in the Report and Recommendations of the Policy Review Committee Meeting held on 13 February 2012 as he owns a property in the area to which Item 6 - Billington Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking Restrictions relates to. Councillor Jim Aitken OAM indicated he intended on staying in the Chambers, unless discussion takes place, at which place he would leave the Chambers.
Councillor Jim Aitken OAM declared a Pecuniary Interest in Committee of the Whole - Item 4 Land and Environment Court ruling, North Western Surveys Pty Ltd v Penrith City Council as he owns property in the area referred to in the report. Councillor Jim Aitken OAM indicated he would leave the Chambers for consideration of the item.
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2 Community pulls together over severe storm event Councillor John Thain spoke in support of the Mayoral Minute. |
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30 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain That: 1. That the Mayoral Minute on Community
pulls together over severe storm event be received. 2. Council write to the State Emergency Service, Rural Fire Service and other emergency services thanking them for their assistance and efforts throughout the storm event.
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3 Nepean Legacy 50th Anniversary Councillor Ross Fowler OAM spoke in support of the Mayoral Minute. |
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31 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Nepean Legacy 50th Anniversary be received. |
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1 Report and Recommendation of the Local Traffic Committee Meeting held on 6 February 2012 |
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32 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 February, 2012 be adopted.
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2 Report and Recommendations of the Policy Review Committee Meeting held on 13 February 2012 Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM, left the meeting the time being 7:52pm. |
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33 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Robert Ardill that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 February, 2012 be adopted subject to an amendment to Item 6 - Billington Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking Restrictions, so that it now reads: “That: 1. The information contained in the report on Billington Place Car Park, Emu Plains - Request for Provision of 4-Hour Parking Restrictions be received. 2. Council prepare a detailed submission to Transport for NSW seeking their urgent review and reconsideration of our request for the allocation of not less than 61 (4P) parking spaces in Billington Place, Emu Plains. 3. Council further write to Transport for NSW, the minister for Transport, the Minister for Roads and the local Members of Parliament to seek engagement in the review process of parking requirements around Railway Stations including Emu Plains Railway Station. 4. A detailed audit be conducted to determine the current usage and demand within the Billington Place car park and other surrounding car parks in the vicinity. 5. Council investigates the implementation of a park in marked bay scheme along the length of Railway Row. 6. The shop owners and shop keepers who signed the petition be advised of the response from the Roads and Maritime Services and Council’s resolution.”
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Councillor Jim Aitken OAM returned to the meeting, the time being 7:58pm.
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34 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc that the information contained in the report on Delivery Program Six Month Progress Report be received.
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4 Summary of Investments for the period 1 January 2012 to 31 January 2012 |
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35 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Summary of Investments for the period 1 January 2012 to 31 January 2012 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2012 to 31 January 2012 be noted and accepted. 3. The graphical investment analysis as at 31 January 2012 be noted.
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3 2012 Australian Local Government Association (ALGA) National General Assembly of Local Government |
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37 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on 2012 Australian Local Government Association (ALGA) National General Assembly of Local Government be received. 2. Council nominate His Worship the Mayor, Councillor Greg Davies as its voting delegate for the 2012 National General Assembly of Local Government. 3. Council nominate Councillor Marko Malkoc and any other interested Councillors to attend as observers at the 2012 National General Assembly of Local Government. 4. Leave of Absence be granted to all Councillors attending the 2012 National General Assembly of Local Government to be held in Canberra from 17-20 June 2012. 5. A further report detailing suggested motions be considered at Council’s Policy Review Committee meeting to be held on 16 April 2012.
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5 Development Application DA11/1034 existing masonry outbuilding, front boundary fence and entrance gate at Lot 816 DP 1068323 (No. 174 - 186) Capitol Hill Drive, Mount Vernon Applicant: Patrick Hurley; Owner: Cornelius D Cipri & Catrina Stylianou |
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38 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee That: 1. The information contained in the report on Development Application DA11/1034 existing masonry outbuilding, front boundary fence and entrance gate at Lot 816 DP 1068323 (No. 174 - 186) Capitol Hill Drive, Mount Vernon be received 2. That DA11/1034 for Masonry Outbuilding Front Boundary Fence and Entrance Gate Masonry Outbuilding Front Boundary Fence and Entrance Gate at 174-186 Capitol Hill Drive MOUNT VERNON NSW 2178, be approved subject to the attached conditions (Development Assessment Report Part B) 3. Standard Conditions 3.1 A008 – Works to BCA requirements A009 – Residential Works DCP A019 – Occupation Certificate A020 – Use of Building D001 – Sedimentation and Erosion Controls D009 – Covering Waste Storage area E001 – BCA compliance F010 – Septic distance from house H001 – Stamped plans and erection of site notice H041 – Hours of work K017 – Stormwater and sewerage plan L008 – Tree preservation order Q01F – Notice of commencement and appointment of PCA2 Special Conditions 3.2 The development must be implemented substantially in accordance with the plans drawn by Mira Husar Design and Drafting Services Drawing Number A-01 to A-06, dated July 2011, 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
3.3 All boundary fences are to be low profile, open style and rural in character. The front fence is not to exceed 1.8m in height
3.4 You are required to submit a construction certificate for the yet to be constructed portion. An engineer’s certificate is to form part of the application attesting to the structural adequacy of the existing building. Note: This relates to the portion of the building yet to be constructed
3.5 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands
The variation to the covenant shall be in the terms approved by resolution of Penrith City Council. The plan attached to the documentation shall indicate that an additional building envelope is to be provided which represents the footprint of the outbuilding approved by this development
3.6 All house sewer and plumbing work shall be carried out in accordance with Sydney Water's requirements or the Local Government (Water, Sewerage and Drainage) Regulation 1993 a) Penrith City Council is both the consent authority and certifying authority for the installation of the On Site Sewage Management System (OSSM), otherwise known as a septic tank system. It is your responsibility to contact Council's Building Approvals and Environment Protection Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection: · All internal and external drainage lines and septic tanks before they are backfilled/covered · On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system
A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority
i. The septic tank and drainage lines shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered ii. There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves iii. There shall be available all year round, adequate water supply that is available to the property
3.7 Prior to the commencement of construction works: (a) Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be: · A standard flushing toilet connected to a public sewer, or · If that is not practicable, an accredited sewage management facility approved by the council, or · Alternatively, any other sewage management facility approved by council
3.8 Roof and surface water shall be disposed of in accordance with the approved drainage design. Overflow from the existing in-ground rainwater tank is to be disposed of via a level spreader system
3.9 All landscaping works are to be constructed in accordance with the stamped-approved plan by PGH Environmental Planning drawing No. PGH-110397-LS0001 dated 26/10/2011 and sections F5”Planting Techniques”, F8 “Quality Assurance Standards”, F9 “Site Management Plan” of Penrith Councils Landscape Development Control Plan Landscaping shall be maintained: · In accordance with the approved plan, and · In a healthy state, and · In perpetuity by the existing or future owners and occupiers of the property If any of the vegetation comprising that landscaping dies or is removed, it is to be replaced with vegetation of the same species and, to the greatest extent practicable, the same maturity, as the vegetation which dies or was removed
3.10 A copy of the Occupation Certificate and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. In the event that a Compliance Certificate was issued by the Principal Certifying Authority certifying compliance that all conditions of the development consent required to be met has in fact been met as well as any documentation stated above, shall be submitted to Penrith City Council if Council is not the Principal Certifying Authority. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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6 Tender Reference 11/12-06, Scheduled Maintenance of Mechanical Services Minor Buildings |
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39 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor John Thain That: 1. The information contained in the report on Tender Reference 11/12-06, Scheduled Maintenance of Mechanical Services Minor Buildings be received. 2. CBD Mechanical Electrical be appointed as the preferred contractor for the provision of Scheduled Maintenance of Mechanical Services in Minor Buildings for a period of 3 years for a lump sum price of $13,500 (ex GST, with the option to extend for a further two (2) X one (1) year periods subject to satisfactory performance.
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7 Tender Reference 11/12-07, Scheduled Maintenance of Mechanical Services Major Buildings |
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40 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor John Thain That: 1. The information contained in the report on Tender Reference 11/12-07, Scheduled Maintenance of Mechanical Services Major Buildings be received 2. Hirotec Maintenance Pty Ltd be appointed as the preferred contractor for the provision of Scheduled Maintenance of Mechanical Services in Major Buildings for a period of 3 years for a lump sum price of $170,994.78, with the option to extend for a further two (2) X one (1) year periods subject to satisfactory performance.
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REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Greg Davies requested a report to the Local Traffic Committee providing an audit on roundabouts within council’s LGA which details issues in relation to visibility caused by overgrowth. |
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Kath Presdee seconded Councillor Prue Guillaume that the press and public be excluded from Committee of the Whole to deal with the following matters:
A Leading City
2 Property Matter - Assignment of Lease by Sapphires Cafe at 31 Blue Hills Drive Glenmore Park
3 Property Matter - Penrith Swimming Pool Site off Station Street Penrith
4 Land and Environment Court ruling, North Western Surveys Pty Ltd v Penrith City Council
The meeting resumed at 8:26pm and the General Manager reported that the Committee of the Whole met at 8:12pm on Monday, 20 February 2012, the following being present
His Worship the Mayor Councillor Greg Davies, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Mark Davies, Tanya Davies, Ross Fowler OAM, 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
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2 Property Matter - Assignment of Lease by Sapphires Cafe at 31 Blue Hills Drive Glenmore Park |
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RECOMMENDED on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Property Matter - Assignment of Lease by Sapphires Cafe at 31 Blue Hills Drive Glenmore Park be received. 2. Council grant an Assignment of Lease to Jenna Vicary, Tarryn Ireland, Jack Vicary and Kelly Vicary 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 necessary documentation.
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3 Property Matter - Penrith Swimming Pool Site off Station Street Penrith |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM CW3 That: 1. The information contained in the report on Property Matter - Penrith Swimming Pool Site off Station Street Penrith be received. 2. Council agree to purchase Part Lot 1 DP 998482 from the subject owner in accordance with the purchase price as indicated in the Summary of the report.
3. Funding for the proposed acquisition be financed by way of loan borrowing with debt servicing costs to be funded from the Property Development Reserve.
4. Investigations commence to reclassify the land subject of this report from “Community” to “Operational”, in accordance with the Local Government Act, 1993.
5. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.
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4 Land and Environment Court ruling, North Western Surveys Pty Ltd v Penrith City Council Having previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the meeting the time being 8:17pm. |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain CW4 That: 1. The information contained in the report on Land and Environment Court ruling, North Western Surveys Pty Ltd v Penrith City Council be received. 2. The General Manager be given delegated authority to instruct Council’s external legal advisors to lodge an appeal against the Commissioner’s decision in the matter of North Western Surveys Pty Limited v Penrith City Council. 3. A further report be presented to Council upon resolution of the appeal. 4. Council continue to lobby the Minister for Planning and Infrastructure and the Department of Planning and Infrastructure, and local Members of State Parliament to achieve either abandonment of the cap or its significant amendment to ensure essential local infrastructure can be provided without further burden on ratepayers. 5. A further report on the planning options in response to the ruling be presented to Council in the near future. 6. A written request be made to the Local Government Association seeking monetary contributions towards Council’s legal costs for this matter.
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Councillor Jim Aitken OAM returned to the meeting, the time being 8:28pm.
ADOPTION OF Committee of the Whole
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42 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee That the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted. |
There being no further business the Chairperson declared the meeting closed the time being 8:28pm.
I certify that these 12 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 20 February 2012.
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Chairperson Date