OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 27 MAY 2013 AT 7:47PM
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 Bernard Bratusa, Prue Car, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.
LEAVE OF ABSENCE
Leave of Absence was previously requested by Councillors Jim Aitken OAM and Kevin Crameri OAM to allow them to attend the Floodplain Management Association Conference, to be held in Tweed Heads from 28 May 2013 to 31 May 2013.
123 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Leave of Absence be granted to Councillors Jim Aitken OAM and Kevin Crameri OAM to allow them to attend the Floodplain Management Association Conference, to be held in Tweed Heads from 28 May 2013 to 31 May 2013.
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124 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 29 April 2013 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Jackie Greenow declared a Non-Pecuniary Conflict of Interest – Significant in Committee of the Whole Item 4 – Commercial Matter - High Street, Penrith as she has a personal relationship with a person who may be associated with the matter.
Item 4 – Development Application DA 12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith
Ms Bechaye, an affected person, spoke in opposition to the recommendation for approval of the development application. Ms Bechaye noted a lack of car parking spaces in the area and suggested that the application does not address this issue in line with the DCP and that the waiting list may not be accurate. Ms Bechaye also cited a number of petitions that have been signed for limiting child care centres within certain areas from service operators and residents.
Councillor Karen McKeown left the meeting, the time being 7:56 pm.
Councillor Karen McKeown returned to the meeting, the time being 7:58 pm.
Mario Pace
Item 14 – Community Building Partnership 2012-2013
Mr Pace, representing the Berkshire Park, Llandilo and Shanes Park Community Action Group, spoke to the report, requesting Council fund the shortfall of $31,000 for the construction of a netball court and ˝ basketball court in the area.
Mr Pace stated that the facility would benefit the community greatly, especially teenagers and young adults, enabling them to participate in team sports. Mr Pace also stated that only a modest facility that would last a number of years, would be required.
Catherine O’Farrell
Item17 – Residents’ concerns – Hornseywood Avenue, Penrith
Ms O’Farrell, an affected resident, spoke to the report, stating that no notice was given to residents of the work scheduled to take place in Hornseywood Avenue on service pits and that no representative of Council has met with residents to advise them of what would take place.
Ms O’Farrell also stated that, even though Workcover recognised asbestos was present, the hygienist employed by Service Stream did not handle the asbestos appropriately.
126 RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Greg Davies that an extension of time be granted at 8:08pm to Ms O’Farrell to enable her to conclude her address.
Ms O’Farrell claimed the asbestos was still present and Telstra had not carried out due diligence and that young families in the area and residents have now been exposed to asbestos.
Ms O’Farrell asked what protocol Council has in place for dealing with asbestos related issues.
Matthew O’Farrell
Item17 – Residents’ concerns – Hornseywood Avenue, Penrith
Mr O’Farrell, an affected resident, spoke to the report, citing incorrect practices where work was being carried out on the pits, and advised that he had contacted Workcover, who inspected the area and confirmed that asbestos had been spread wide around the area surrounding the pits. Mr O’Farrell also stated that he considered there had been no support from Council, Telstra or Service Stream in this regard and that asbestos can still be seen lying around the area.
Ann-Louise Dampney
Item17 – Residents’ concerns – Hornseywood Avenue, Penrith
Ms Dampney, an affected person, spoke to the report, expressing concerns around the awareness by Council staff regarding asbestos disposal and asking if Council has an asbestos register. Ms Dampney asked if Council had any protocols and procedures in place for dealing with asbestos related enquiries.
Troy Lancaster
Item17 – Residents’ concerns – Hornseywood Avenue, Penrith
Mr Lancaster, an affected person, spoke to the report, stating that residents were not notified of work to be carried out on the service pits. Mr Lancaster also stated that workers were not wearing protective clothing. Mr Lancaster stated that families will be affected by asbestos being spread onto properties and vehicles and that there could be a number of other pits where this same effect has occurred.
Barry Robson
Item17 – Residents’ concerns – Hornseywood Avenue, Penrith
Mr Robson, representing Asbestos Disease Foundation Australia, spoke to the report, stating that on Saturday he viewed the asbestos debris that had been created by the pit works and that fibres were still present a week after the incident. Mr Robson suggested that all residents in the area be tested by the Dust Board. Mr Robson requested that Council write to Telstra, strongly demanding that the Residents Action Plan provided be implemented. Mr Robson concluded by saying that when any further remediation plans are carried out that every measure is taken to ensure residents are notified.
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127 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Michelle Tormey that Standing Orders be resumed, the time being 8:41 pm. |
Mayoral Minute
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1 The passing of Ronda Hopkins Councillors Jackie Greenow, John Thain, Greg Davies and Prue Car spoke in support of the Mayoral Minute. |
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128 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jackie Greenow that the Mayoral Minute on The passing of Ronda Hopkins be received. The meeting observed a minute’s silence at 8:51pm. |
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1 Report and Recommendations of the Access Committee meeting held on 10 April 2013 |
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129 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Michelle Tormey that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 April, 2013 be adopted.
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2 Report and Recommendations of the Local Traffic Committee meeting held on 6 May 2013 |
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130 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 May, 2013 be adopted.
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3 Report and Recommendations of the Policy Review Committee meeting held on 13 May 2013 |
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131 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 13 May, 2013 be adopted.
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A LIVEABLE CITY
Councillor Marcus Cornish left the meeting, the time being 8:52 pm.
Councillor Marcus Cornish returned to the meeting, the time being 8:53 pm.
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132 RESOLVED on the MOTION of Councillor Prue Car seconded Councillor Karen McKeown that item 17 be dealt with first. |
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2 Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014 |
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134 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marcus Cornish That: 1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2013/2014 be received. 2. The fees payable to the Mayor and Councillors for 2013/2014 be set at the maximum level permitted. |
Councillor Prue Car left the meeting, the time being 9:04 pm.
Councillor Prue Car left the meeting, the time being 9:06 pm.
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1 Organisational Performance Report - Quarterly Review March 2013 |
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136 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown That: 1. The information contained in the report on Organisational Performance Report - Quarterly Review March 2013 be received. 2. The Organisational Performance Report - Quarterly Review March 2013 as at 31 March 2013, including the revised estimates outlined in this report and detailed in Attachment 1 – Organisational Performance Report – Quarterly Review March 2013 be adopted.
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4 Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith Applicant: Nor'side Investments Pty Ltd; Owner: Nor'side Investments Pty Ltd |
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137 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Development Application DA12/0721 for a Child Care Centre at Lot B DP 389004 & Lot A DP 389004, (No. 168-170) Stafford Street, Penrith be received. 2. Consideration of this item be deferred to allow for an on-site meeting and discussion of a number of issues including car parking, access and vacancy numbers. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Ben Goldfinch left the meeting, the time being 9:19 pm.
Councillor Tricia Hitchen left the meeting, the time being 9:19 pm.
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13 Tender Reference 12/13-03 Provision of Hired Plant & Equipment |
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140 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Tender Reference 12/13-03 Provision of Hired Plant & Equipment be received. 2. A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the companies for the specified services, listed in Table 1 – Preferred panel of contractors contained in Tender Reference 12/13-03 Report to Council 27 May 2013, in accordance with the terms and conditions of the Tender. |
Councillor Ben Goldfinch returned to the meeting, the time
being 9:22 pm.
Councillor Tricia Hitchen returned to the meeting, the time being 9:22 pm.
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9 NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13 |
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145 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marcus Cornish That: 1. The information contained in the report on NSW Bike Plan "River Cities Program" - Additional Funding from Roads & Maritime Services for 2012/13 be received. 2. Council write to the Minister for Roads and the Local Members expressing appreciation of the funding offer and requesting their continued financial support. |
Councillor Michelle Tormey left the meeting, the time being 9:26 pm.
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10 Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge |
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146 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Woodriff Street, Penrith - Safety Concerns with Pedestrian Refuge be received, and Council note the information provided. 2. Consideration of this item be deferred to the next Ordinary Meeting of Council. |
Councillor Michelle Tormey returned to the meeting, the time
being 9:28 pm.
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11 Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys |
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147 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish That: 1. The information contained in the report on Proposed Road Link between Kurrajong Avenue in the Blacktown Local Government Area & Kurrajong Road, St Marys be received. 2. The Blacktown City Council proposal for the connection of a road link between Kurrajong Avenue, Mt Druitt, in the Blacktown Local Government Area, and Kurrajong Road in St Marys not be supported. 3. Council advise Blacktown City Council of its decision to not support the proposal at this time. |
Councillor Ross Fowler OAM left the meeting, the time being 9:30 pm.
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16 Mondo Community Safety and Youth Engagement Project - funding opportunity |
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149 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Michelle Tormey That: 1. The information contained in the report on Mondo Community Safety and Youth Engagement Project - funding opportunity be received. 2. Council endorse the submission of the new expanded Mondo project proposal as outlined in this report for funding under the National Crime Prevention Fund. 3. Council congratulate all staff involved in the Youth Engagement Project. |
Councillor Ross Fowler OAM returned to the meeting, the time being 9:38 pm.
REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Jackie Greenow requested a report to Council exploring the possibility of naming the pathway between St Marys and Penrith the ‘Ronda Hopkins Walkway’. |
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Councillor John Thain requested that representations be made on behalf of Nepean Historical Society regarding the expressions of interest for Thornton Hall. |
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Councillor Prue Car requested a report to Council reviewing Council’s policies and processes relating to responding to asbestos emergencies, dealing with enquiries and assisting with removal. |
Councillor John Thain left the meeting, the time being 9:46 pm.
Councillor John Thain returned to the meeting, the time being 9:46 pm.
Committee of the Whole
152 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:43 pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Jackie Greenow 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
3 Commercial Matter - Lease of Shop 1 140 Henry Street, Penrith (Allen Arcade)
4 Commercial Matter - High Street, Penrith
5 Personnel Matter - Structure of Penrith City Council
6 Commercial Matter – Nepean River Green Bridge
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 10:42pm and the General Manager reported that the Committee of the Whole met at 9:43 pm on 27 May 2013, the following being present
His Worship the Mayor, Councillor Mark Davies, Deputy Mayor, Councillor Ross Fowler OAM and Councillors Bernard Bratusa, Prue Car, Marcus Cornish, Greg Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow, Tricia Hitchen, 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 Suite 1 at Community Connections Nos. 114-116 Henry Street, Penrith to Gametraders Live |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish CW2 That: 1. The information contained in the report on Commercial Matter - Council Property - Leasing of Suite 1 at Community Connections Nos. 114-116 Henry Street, Penrith to Gametraders Live. 2. Council grant a three year lease with a three year option to Gametraders Live 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 Commercial Matter - Lease of Shop 1 140 Henry Street, Penrith (Allen Arcade) |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish CW3 That: 1. The information contained in the report on Commercial Matter - Lease of Shop 1 140 Henry Street, Penrith (Allen Arcade) be received. 2. Council grant Mr & Mrs Geras (trading name to be confirmed) a new 5+5+5 year lease in accordance with the terms and conditions outlined in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
Having previously declared a Non-Pecuniary Conflict of Interest - Significant, Councillor Jackie Greenow left the meeting, the time being 9:47 pm.
Councillor Jackie Greenow returned to the meeting, the time being 9:52 pm.
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6 Commercial Matter - Nepean River Green Bridge RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM CW6 That the information be noted. |
ADOPTION OF Committee of the Whole
153 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 10:45pm.
I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 May 2013.
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Chairperson Date