OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 15 OCTOBER 2012 AT 7:33PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Mark Davies 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 Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow, Karen McKeown, John Thain and Michelle Tormey.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Ben Goldfinch for the period 25 September 2012 to 17 October 2012 inclusive.
Leave of Absence was previously granted to Councillor Tricia Hitchen for the period 11 October 2012 to 19 October 2012 inclusive.
DECLARATIONS OF INTEREST
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 – 2012-13 Financial Assistance Grant, with regard to events proposed to be held in Llandilo, as he is a resident of this area.
Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 6 - Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains as he owns property in the vicinity of these properties.
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 of Report and Recommendations of the Policy Review Committee meeting held on 8 October, 2012, as he was a member of the Joint Regional Planning Panel that previously considered this matter.
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – Community Assistance Program Planned Component 2012-13, as he is the Auditor/Accountant of a number of organisations listed in this report.
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1 Congratulations Ruth Goldsmith - 2012 Public Service Excellence Award |
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312 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the Mayoral Minute on Congratulations Ruth Goldsmith - 2012 Public Service Excellence Award be received. Councillors Ross Fowler OAM, John Thain, Greg Davies, Jim Aitken OAM and Jackie Greenow congratulated Ms Goldsmith on being presented with this prestigious award. |
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1 Report and Recommendations of the Local Traffic Committee Meeting held on 8 October 2012 |
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313 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 8 October, 2012 be adopted. |
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2 Report and Recommendations of the Policy Review Committee Meeting held on 8 October 2012 |
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314 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 8 October, 2012 be adopted, with the exception of Item 3 – Planning Proposal – Land at 1-4 Old Bathurst Road, Emu Plains.
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Item 3 - Report and Recommendations of the Policy Review Committee Meeting held on 8 October 2012 (Planning Proposal – Land at 1-4 Old Bathurst Road, Emu Plains)
315 A MOTION was moved by Councillor John Thain seconded Councillor Greg Davies
That:
1. The information contained in the report on Planning Proposal - Land at 1-4 Old Bathurst Road, Emu Plains be received.
2. In accordance with Sections 55 and 56 of the Environmental Planning and Assessment Act 1979, that the Planning Proposal prepared by Cityscape Planning and Projects dated September 2011, the original rezoning application dated February 2006 and supporting documentation, and the Department of Planning and Infrastructure’s 25 September 2012 Evaluation Report be forwarded to the Department of Planning and Infrastructure seeking a Gateway Determination.
3. The Department of Planning and Infrastructure be requested to include in its Gateway Determination confirmation of the terms of reference that are identified in the Independent Evaluation Report, prepared by the Department of Planning and Infrastructure for an independent review of flooding matters and any other specific further investigations required under Section 56 of the Environmental Planning and Assessment Act 1979.
4. The engagement of a suitably qualified consultant be agreed between Council and the proponent to conduct an independent review of flooding matters based on the terms of reference confirmed by the Department of Planning and Infrastructure’s Gateway Determination.
5. Council officers be authorised to request the proponents to make any minor amendments to the Planning Proposal necessary to meet the Department of Planning and Infrastructure’s guidelines for the content and format for Planning Proposals.
An AMENDMENT was moved by Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that consideration of this matter be deferred to enable a site inspection by Councillors to take place, and that a Briefing be arranged for the Council on the matter.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
The AMENDMENT was PUT.
The AMENDMENT was LOST, the voting being:
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For |
Against
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Councillor Michelle Tormey |
Councillor Prue Car |
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Councillor Maurice Girotto |
Councillor Greg Davies |
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Councillor Kevin Crameri OAM |
Councillor John Thain |
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Councillor Jim Aitken OAM |
Councillor Karen McKeown |
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Councillor Ross Fowler OAM |
Councillor Jackie Greenow |
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Councillor Bernard Bratusa |
Councillor Marcus Cornish |
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Councillor Mark Davies |
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
The MOTION was PUT.
The MOTION was CARRIED, the voting being:
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For |
Against
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Councillor Prue Car |
Councillor Michelle Tormey |
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Councillor Greg Davies |
Councillor Maurice Girotto |
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Councillor John Thain |
Councillor Kevin Crameri OAM |
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Councillor Karen McKeown |
Councillor Jim Aitken OAM |
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Councillor Jackie Greenow |
Councillor Ross Fowler OAM |
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Councillor Marcus Cornish |
Councillor Bernard Bratusa |
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Councillor Mark Davies |
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316 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on 2012-13 Financial Assistance Grant be received. |
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317 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on Pecuniary Interest Returns be received. |
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6 Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains |
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318 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown That: 1. The information contained in the report on Council Property - Owner's Consent to DA Submission over Lot 3 DP234477 Billington Place, Emu Plains to DA12/0194 over Lot 1 DP91022 and Lot 10 DP807323 Lamrock Street, Emu Plains be received. 2. Owner’s consent be provided in relation to the lodgement of DA12/0194 in relation to a proposed alternative access over Council’s land Lot 3 DP234477 Billington Place, Emu Plains. |
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7 Summary of Investments and Banking for the period 1 September to 30 September 2012 |
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319 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown That: 1. The information contained in the report on Summary of Investments and Banking for the period 1 September to 30 September 2012 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2012 to 30 September 2012 be noted and accepted. 3. The graphical investment analysis as at 30 September 2012 be noted. 4. The Agency Collection Methods be noted. |
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320 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the information contained in the report on 2011-12 Financial Statements be received. |
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4 Australian Local Government Women's Association 2012 National Conference |
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322 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Australian Local Government Women's Association 2012 National Conference be received. 2. Council’s delegates to attend the Australian Local Government Women’s Association 2012 National Conference, to be held in Ipswich from 8 to 10 November 2012, be Councillors Jackie Greenow, Michelle Tormey, Karen McKeown and any other interested and available Councillors, with leave of absence being granted as appropriate. |
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9 Access Committee - Appointment of Community Members 2012-2014 |
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325 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Prue Car That: 1. The information contained in the report on Access Committee - Appointment of Community Members 2012-2014 be received. 2. The following persons be appointed as community members on Council’s Access Committee for the two year term 2012-14: Mrs Denise Heath Ms Ronda Hopkins Mr Michael Morris Mrs Farah Madon Mr David Currie Ms Melanie Coid. 3. A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Access Committee. |
A Liveable City
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13 NSW Bike Plan River Cities Program - Funding Offer from Roads and Maritime Services for Year 3 |
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327 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on NSW Bike Plan River Cities Program - Funding Offer from Roads and Maritime Services for Year 3 be received. 2. Council accept the funding offer of $1.5m from the Roads and Maritime Services for the NSW Bike Plan – River Cities Program, subject to the following conditions: (a) Council’s contribution towards the Year 3 (2012/13) project be $500,000, including support through design and project management (b) Council’s acceptance of funding be for Year 3 only and any future funding associated agreements be separate and discrete from Year 3 funding (c) Council’s acceptance of Year 3 project not bind Council to acceptance of future funding/program agreements.
3. Council write to the Minister for Roads and the Local Members expressing appreciation of the funding offer. |
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14 Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook . Applicant: John I Klinsic; Owner: John I Klinsic
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330 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook be received. 2. The SEPP 1 objection relating to the rear setback be supported. 3. Development Application DA12/0598 for Two storey dwelling - Lot 2018 DP 1022422 (No. 82) Andromeda Drive, Cranebrook be approved subject to the following conditions: Standard Conditions A001 - Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A019 – Occupation Certificate A046 – Issue of Construction Certificate D001 – Implement Sediment and Erosion Control Measures 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 H002 – All Forms of Construction H009 – Cut/Fill Details H022 – Survey H030 – Colours and finishes H036 – Rainwater Tank H037 – Safe Supply of Water From Catchment H038 – Connection of Rainwater Tank Supply H039 – Rainwater Tank Pumps H041 – Hours of work I003 – Roads Act Approval 1 K016 – Stormwater K026 – Stabilised Access K041 – Infrastructure Bond L008 – Tree preservation order P002 – Fees Q01f – Notice of commencement and appointment of PCA Q05f – Occupation Certificate.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Marcus Cornish requested a memo reply concerning Council’s arrangements for the collection of garbage over the six-week Christmas period, particularly in regard to the red and yellow bins. |
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Councillor Kevin Crameri OAM requested an urgent report to Council on the widening of Northern Road to Andromeda Drive, Cranebrook, instead of to Borrowdale Way, as previously proposed. |
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Councillor Kevin Crameri OAM requested a memo reply concerning the spectator fee charged to parents whose children are participating in school swimming programs. |
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Councillor Greg Davies requested an urgent report to Council outlining how Council has supported McHappy Day at McDonalds in previous years and seeking support for this year’s event. |
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Councillor Greg Davies requested a report to Council, providing an update on the safety audit previously requested for the St Marys Station Precinct. |
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Councillor Greg Davies requested a report outlining the details of the costs of construction of the car park at the Nepean Hospital. |
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Councillor Prue Car requested that a safety audit of the St Marys Station Precinct be carried out. |
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Councillor Prue Car requested that the matter of dangerous driving practices in the vicinity of No. 86 Carpenter Street, Colyton be referred to the Local Traffic Committee for investigation. |
URGENT BUSINESS
335 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Michelle Tormey that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:04 pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Michelle Tormey that the press and public be excluded from Committee of the Whole to deal with the following matters:
A Leading City
A City of Opportunities
Councillors Prue Car and Michelle Tormey left the meeting, the time being 9:05 pm.
The meeting resumed at 9:26 pm and the General Manager reported that the Committee of the Whole met at 9:07 pm on 15 October 2012, the following being present
His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Greg Davies, Maurice Girotto, Jackie Greenow, Karen McKeown, John Thain and Michelle Tormey.
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 Commercial Matter - Council Property - Leasing of Shop 4 at Cranebrook Village Shopping Centre to Sen Khun & Boyanmolika Kong |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies CW2 That: 1. The information contained in the report on Commercial Matter - Council Property - Leasing of Shop 4 at Cranebrook Village Shopping Centre to Sen Khun & Boyanmolika Kong be received. 2. Council grant Sen Khun & Boyanmolika Kong a 3 year lease over Shop 4 at Cranebrook Village Shopping Centre in accordance with the terms and conditions set out in the report. 3. The Common Seal of the City of Penrith be placed on all necessary documentation. |
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3 Commercial Matter - Council Property - Leasing of Cooinda Child Care Centre at 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993 |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Commercial Matter - Council Property - Leasing of Cooinda Child Care Centre at 35 Colorado Drive St Clair to Little Smarties Pty Ltd under Section 47A of the Local Government Act 1993 be received. 2. Council grant a new 5 year Lease to Little Smarties Pty Ltd in accordance with Section 47A of the Local Government Act 1993 as outlined in the report. 3. The Common Seal of the City of Penrith be placed on all necessary documentation.
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Councillors Prue Car and Michelle Tormey returned to the meeting, the time being 9:08 pm.
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4 Legal Matter - Land and Environment Court proceedings: Dellara Pty Limited v Minister for Planning and Penrith City Council (123 Patons Lane, Orchard Hills) |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM CW4 That: 1. The information contained in the report on Legal Matter - Land and Environment Court proceedings: Dellara Pty Limited v Minister for Planning and Penrith City Council (123 Patons Lane, Orchard Hills) be received. 2. Council not pursue an appeal against the decision of the Commissioners of the Land and Environment Court. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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5 Development Application DA09/0164 Legal Proceedings in relation to Hi Quality quarry and rehabilitation Lot 228 DP 221313 & Lot 229 DP 1134016 (No. 1513-1519) Elizabeth Drive, Kemps Creek. Applicant: Hi Quality Quarry (NSW) Pty Ltd; Owner: Tranteret Pty Ltd |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish CW5 That: 1. The information contained in the report on Development Application DA09/0164 Legal Proceedings in relation to Hi Quality quarry and rehabilitation Lot 228 DP 221313 & Lot 229 DP 1134016 (No. 1513-1519) Elizabeth Drive, Kemps Creek be received. 2. Council enter into a s.34 agreement whereby the Court be invited to grant an order upholding the applicant’s appeal and thereby approving the amended development application subject to the proposed conditions in this report. 3. The site is not to be used as a transport terminal. 4. A further report be presented to Council on the monitoring regime for facilities of this nature across the City.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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ADOPTION OF Committee of the Whole
336 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:29 pm.
I certify that these 17 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 15 October 2012.
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Chairperson Date