OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 24 OCTOBER 2016 AT 7:30PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor John Thain 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 John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Ben Price for the period 3 October 2016 to 7 November 2016 inclusive.
DECLARATIONS OF INTEREST
Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 – Funding Opportunities from the NSW Department of Education as her son attends one of the child cares mentioned in the report.
Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest in Item 5 – Magnetic Grants Program 2016-17 as he is the Director of AFFORD mentioned the report. Councillor Fowler stated that he would not take part in any discussion and would leave the chambers when this item is considered.
|
3 Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016 – Item 2 - Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith |
||||||||||||||||||||||||||||||
|
277 RESOLVED on the MOTION of Councillor Greg Davies seconded Aaron Duke That: 1. The information contained in the report on Amendment to Penrith Development Control Plan 2014 - 164 Station Street, Penrith be received 2. Refer the draft Development Control Plan to Council’s Urban Design Review Panel for comment 3. The General Manager be granted delegation to make any necessary minor changes to the Draft Development Control Plan before public exhibition. 4. The Draft Development Control Plan be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations. 5. A further report be presented to Council following the Public Exhibition. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
|
3 Report and Recommendations of the Policy Review Committee Meeting held on 10 October 2016 – Item 3 - Proposed Reclassification of 154 Henry Street, Penrith
|
||||||||||||||||||||||||||||
|
278 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown That: 1. The information contained in the report on Proposed Reclassification of 154 Henry Street, Penrith be received, and 2. The proposed reclassification of 154 Henry Street, Penrith be included in the sponsored Planning Proposal reclassifying sites in Union Road, Penrith. 3. The updated Planning Proposal be sponsored for submission to NSW Planning & Environment with a request for a Gateway Determination. 4. The Minister for Planning be requested to delegate his authority for Council to finalise and make the proposed amendment to Penrith Local Environmental Plan 2010. 5. Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination. 6. A report be presented to Council on the submissions received from the community and public agencies. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
|
Outcome 1 - We can work close to home
|
1 Funding Opportunities from the NSW Department of Education |
|
279 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish That: 1. The information contained in the report on Funding Opportunities from the NSW Department of Education be received. 2. Council endorse the granting of funding of $30,000 each for Grays Lane and Emu Village OSHC services. 3. The NSW Department of Education be thanked for the funding for Grays Lane and Emu Village OSHC services. 4. Council endorse participation in Stage Two of the tender process, the Invitation to Apply, for Preschool Capital Work funding of $30,000 for Rainbow Cottage Preschool. |
Outcome 2 - We plan for our future growth
|
2 Western Sydney Rail Needs Scoping Study including rail infrastructure to the proposed Western Sydney Airport |
|
280 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke That: 1. The information contained in the report on Western Sydney Rail Needs Scoping Study including rail infrastructure to the proposed Western Sydney Airport be received. 2. Council reaffirm its current position on a north-south rail link and support Option 6 (a north-south link connecting Macarthur – Western Sydney Airport – St Marys – Schofields) extended to also link with the Sydney Metro Northwest line. 3. Council endorse the proposed approach outlined in this report and any other issues identified by Councillors, as the basis for a submission to Transport for NSW. 4. Council’s submission be forwarded to Transport for NSW by 28 October 2016 and a copy be forwarded to all Councillors. |
Outcome 4 - We have safe, vibrant places
|
3 Liveable Communities Grant Application The Village Cafe North St Marys |
|
281 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Liveable Communities Grant Application The Village Cafe North St Marys be received. 2. That Council endorse the application for funding of $59,536 to the Family and Community Services Liveable Communities Grant for The Village Café. |
|
4 Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 1-7 Warwick Street St Marys known as Lot 1 DP21325 and Lot 24 DP21325 |
|
282 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at 1-7 Warwick Street St Marys known as Lot 1 DP21325 and Lot 24 DP21325 be received. 2. Council grant a twelve-month Licence Agreement to RMS as set out in this report subject to the community notification period being undertaken and the absence of any public submissions. 3. Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation. |
|
5 Magnetic Grants Program 2016-17 Councillor Ross Fowler OAM left the meeting, the time being 7:46pm. |
|
283 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies That: 1. The information contained in the report on Magnetic Grants Program 2016-17 be received 2. The five projects listed in Table 1 are funded as part of the Magnetic Places Grants Program 2017. 3. $10,000 from all wards Voted Works be allocated to fund the AFFORD project detailed in the report. |
|
6 Building Resilience to Climate Change Application - Kommer Place Heat Island Reduction Pilot Councillor Ross Fowler OAM returned to the meeting, the time being 7:51pm. |
|
284 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown That: 1. The information contained in the report on Building Resilience to Climate Change Application - Kommer Place Heat Island Reduction Pilot be received 2. Council endorse the application for funding to LGNSW and OEH for the Kommer Place Heath Island Reduction Pilot |
Outcome 5 - We care about our environment
|
7 Update on Modifications and Odour Management in Relation to the SUEZ (formerly SITA) Facility at Kemps Creek |
|
285 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies That: 1. The information contained in the report on Update on Modifications and Odour Management in Relation to the SUEZ (formerly SITA) Facility at Kemps Creek be received. 2. A further report be presented to a Councillor Briefing providing further details on the facility in respect of complaints, consent and the other facilities mentioned in the report. |
Outcome 6 - We're healthy and share strong community spirit
|
286 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on National Training Centre for Rowing be received. 2. Council advertise its intention to enter into a licence agreement with Rowing NSW in accordance with the terms of s47 of the Local Government Act 1993 with a further report to be presented to Council at the conclusion of the public notification period. 3. Any development application in respect to this matter be reported to Council. |
|
9 Access Committee - Appointment of Community Members 2016-18 |
|
287 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Access Committee - Appointment of Community Members 2016-18 be received. 2. The following persons be appointed as community members of Council’s Access Committee for the two year term 2016-18: Mrs Farah Madon Mr David Currie Ms Carole Grayson Mr Allan Windley Mr Anthony Mulholland Mrs Dianne Brookes
3. The following persons be appointed as stand-by members of the committee: Mr Kevin Finlayson Mrs Scyma Afriecq 4. A letter be forwarded to all applicants to thank them for submitting an Expression of Interest for appointment to the Access Committee. |
Outcome 7 - We have confidence in our Council
|
10 Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council's Shed within Council's Sub Depot Nursery at 2151A Castlereagh Street, Penrith known as Lot 112 DP 774782 |
|
288 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council's Shed within Council's Sub Depot Nursery at 2151A Castlereagh Street, Penrith known as Lot 112 DP 774782be received. 2. A licence agreement be entered into with RMS for the occupation of Council’s Shed within Council’s Sub Depot Nursery at 2151A Castlereagh Street Penrith known as Lot 112 DP 774782. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
|
11 Amendment to previous Council Resolution relating to approval of Granting and Easement on Council reserve known as Lot 92 DP28389, 245 Desborough Road, St Marys |
|
289 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Amendment to previous Council Resolution relating to approval of Granting and Easement on Council reserve known as Lot 92 DP28389, 245 Desborough Road, St Marys be received. 2. Condition 8 in the report to Council’s Ordinary Meeting on 24 March 2014 be amended as outlined in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documents. |
|
12 Transfer of electricity easement to Endeavour Energy over Lot 1 DP 1137699 (Jane Street Penrith) incorrectly assigned to Penrith City Council |
|
290 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Transfer of electricity easement to Endeavour Energy over Lot 1 DP 1137699 (Jane Street Penrith) incorrectly assigned to Penrith City Council be received 2. Council approve to transfer an easement for electricity purposes that has been incorrectly assigned in favour of Penrith City Council to its rightful owner being Endeavour Energy over Jane Street Penrith. 3. Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation. |
|
14 Proposed Permanent Closure of Carlyle Lane, Cambridge Gardens |
|
291 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Proposed Permanent Closure of Carlyle Lane, Cambridge Gardens be received. 2. Council resolve to commence the permanent road closure process with an application to the Department of Primary Industries – Lands for a permanent road closure of Carlyle Lane, Cambridge Gardens and carry out the required public advertising. 3. A further report be submitted seeking Council resolution to the purchase price of Carlyle Lane, Cambridge Gardens. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. 5. The land comprising Carlyle Lane, Cambridge Gardens following closure be classified as Operational. |
|
292 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Audit Committee be received. |
|
293 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on 2016-17 Financial Assistance Grant be received 2. The budget be adjusted to reflect the revised Financial Assistance Grant as part of the September Quarterly Review. |
|
18 Summary of Investments & Banking for the period 1 September 2016 to 30 September 2016 and the Agency Collection Methods as at 30 September 2016. |
|
294 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 September 2016 to 30 September 2016 and the Agency Collection Methods as at 30 September 2016. be received 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 September 2016 to 30 September 2016 be noted and accepted. 3. The graphical investment analysis as at 30 September 2016 be noted. 4. Agency Collection Methods as at 30 September be noted. |
|
295 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Thornton Community Facility Transfer be received 2. The Council agrees to the transfer of the Thornton Community Facility to Council, subject to Council Officers granting Occupation Certificate for the conversion of the facility; 3. Council resolve to classify the land as Operational; and 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
|
296 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kath Presdee That: 1. The information contained in the report on Pecuniary Interest Returns be received. 2. Council officers write to the Office of Local Government notifying that five designated employees did not lodge their pecuniary interest returns by the due date. |
REQUESTS FOR REPORTS AND MEMORANDUMS
|
Councillor Karen McKeown requested a report on the proposed maximum security prisons at Emu Plains. The report should address the constraints of the site including flooding evacuation traffic, parking etc. This report should also include the impact on the existing dairy facility and the proposed style of prison e.g. ‘pop up’, open plan, and infrared monitoring. |
|
Councillor Aaron Duke requested a report to Council regarding a policy for future playgrounds instalments to ensure they are inclusive for everyone within the community. |
|
Councillor Aaron Duke requested that Council write to LendLease in response to a petition receive regarding the shopping centre at Jordan Springs. |
|
Councillor Tricia Hitchen thanked Council staff for their hard work on the Queen Street upgrades. |
|
Councillor Kevin Crameri OAM requested information regarding Council’s Customer Service Charter and sending a response within 10 days. |
|
Councillor Kevin Crameri OAM requested that the cords underneath the Councillor table’s be tidied to prevent cords from being pulled out. |
|
Councillor Mark Davies requested signs be put in place along the easement for powerlines near Glenmore Parkway after complaints about motorbikes being ridden through the area. |
|
Councillor Kevin Crameri OAM requested a memo reply to all Councillors on what hours of operation can occur at the Lakes Scheme and what can be done at the Lake Scheme out of hours. |
297 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:31pm.
1 Presence of the Public
CW1 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 7
2 Proposed sale of two Council owned vacant lots in Cranebrook
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 matters affecting the security of the Council, Councillors, Council staff or Council property and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Proposed sale of three Council owned vacant lots in 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 Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith
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 Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845
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.
6 Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group
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.
Outcome 4
7 Lease Allen Arcade - Shop 6 140-142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate
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.
Outcome 7
8 Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders
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.
The meeting resumed at 8:35pm and the General Manager reported that the Committee of the Whole met at 8:31pm on 24 October 2016 the following being present
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown and Kath Presdee.
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
|
2 Proposed sale of two Council owned vacant lots in Cranebrook |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW2 That: 1. The information contained in the report on Proposed sale of two Council owned vacant lots in Cranebrook be received. 2. The sale of the described two vacant lots proceed as recommended. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
|
3 Proposed sale of three Council owned vacant lots in St Clair |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW3 That: 1. The information contained in the report on Proposed sale of three Council owned vacant lots in St Clair be received 2. The sale of the described three vacant lots proceed as recommended 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
|
4 Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW4 That: 1. The information contained in the report on Assignment of lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd trading as Penrith Skin Cancer and Laser Clinic and exercise five (5) year lease option over Shop 1 144 Henry Street Penrith be received. 2. Council approve to assign the lease from Penrith Skin Cancer Foundation Pty Ltd to PSSC5 Pty Ltd and approve PSSC5 Pty Ltd to exercise 5-year lease option as set out in the terms and conditions in this report. 3. The Common Seal of the City of Penrith be placed on all necessary documentation. |
|
5 Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845 |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW5 That: 1. The information contained in the report on Lease Agreement to Donna Hildon and Belinda Erich trading as Supremacy Funerals over premises at 42-44 Station Street Penrith known as Lot C DP158845 be received. 2. Council approve a new 2-year lease to Donna Hildon and Belinda Erich trading as Supremacy Funerals as set out in the terms and conditions in the report. 3. The Common Seal of the City of Penrith be placed on all necessary documentation. |
|
6 Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW6 That: 1. The information contained in the report on Lease Old Council Chambers Suite 3 129 Henry Street Penrith to three community organisations being Penrith Women's Health Centre, Queen of Hearts Foundation and Nepean No Boundaries Art Group be received 2. Council grant a new licence to PWHC, QOH and Community and Cultural Development Department - Penrith City Council as set out in the terms and conditions in this report 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documents |
|
7 Lease Allen Arcade - Shop 6 140-142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate |
|
RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW7 That: 1. The information contained in the report on Lease Allen Arcade - Shop 6 140-142 Henry Street Penrith to CLB Property Group Pty Ltd trading as Wiseberry Real Estate be received 2. Council grant a one (1) year lease with a one (1) year option to CLB Property Group Pty Ltd trading as Wiseberry Penrith 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. |
|
8 Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders |
|
RECOMMENDED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney CW8 That: 1. The information contained in the report on Lease of Gaymark Lane Shop 2, 134-138 Henry Street Penrith to Phillip Hughes trading as No Bottom Feeders be received. 2. Council approve a new 1-year lease + 1 year option to Phillip Hughes at Shop 2, Gaymark Lane, 134 Henry Street Penrith as set out in the terms and conditions in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documents. |
ADOPTION OF Committee of the Whole
298 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Aaron Duke that the recommendation contained in the Committee of the Whole and shown as, CW1, CW2, CW3, CW4, CW5, CW6, CW7 and CW8 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:39pm.
I certify that these 16 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 24 October 2016.
____________________ ______________
Chairperson Date