OF THE ORDINARY MEETING OF PENRITH CITY
COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 23 JULY 2007 AT 7:34PM
NATIONAL ANTHEM
The meeting opened with the National
Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Pat
Sheehy AM read a statement of recognition of Penrith City’s
Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by the Executive Officer.
PRESENT
His Worship the Mayor Councillor Pat Sheehy
AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie
Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie
Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat and John Thain.
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APOLOGIES
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There were no apologies.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 2 July 2007
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258
RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded
Councillor Garry Rumble that the minutes of the Ordinary Meeting of 2 July
2007 be confirmed.
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DECLARATIONS OF INTEREST
Nil.
Mayoral
Minutes
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1 The Retirement of Sir Ian Turbott AO, CMG, CVO
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259
RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor
Jackie Greenow that the Mayoral Minute on The Retirement of Sir Ian
Turbott AO, CMG, CVO, be received.
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2 Retirement of Children's Services Manager Denise Gibson
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260
RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor
Jackie Greenow that the Mayoral Minute on Retirement of Children's
Services Manager Denise Gibson be received.
His
Worship the Mayor, Councillor Pat Sheehy AM, presented Denise Gibson with a
framed copy of the Mayoral Minute.
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3 Emu
Village Childcare
Centre recognised in State awards
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261
RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor
Karen McKeown that the Mayoral Minute on Emu Village Childcare Centre
recognised in State awards be received.
His
Worship the Mayor, Councillor Pat Sheehy AM, presented Cathy Omerod, Co-ordinator
of Emu Village Childcare Centre, with
a framed certificate from Network
NSW in recognition of the
outstanding work done by the Centre in Out of School Hours care.
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Reports
of Committees
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1 Report and Recommendations of the Disability Access
Committee Meeting held on 6 June 2007
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262
RESOLVED on the MOTION of Councillor Jackie Greenow seconded
Councillor Susan Page that the recommendations
contained in the Report and Recommendations of the Disability Access
Committee meeting held on 6 June, 2007 be adopted.
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2 Report and Recommendations of the Local Traffic Committee
Meeting held on 2 July 2007
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263
RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor
Greg Davies that the recommendations contained in the
Report and Recommendations of the Local Traffic Committee meeting held on 2
July, 2007 be adopted.
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3 Report and Recommendations of the Policy Review Committee
Meeting held on 9 July 2007
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264
RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor
Garry Rumble that the recommendations contained in
the Report and Recommendations of the Policy Review Committee meeting held on
9 July, 2007 be adopted.
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MASTER PROGRAM
REPORTS
The
City in its Broader Context
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1 Finalise Master Plan and implementation Strategy for the
Civic Space between the JSPAC, Civic Centre and Westfield
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265 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Steve Simat
That:
1. The information contained in the report
on Finalise Master
Plan and implementation Strategy for the Civic Space between the JSPAC, Civic
Centre and Westfield
be received.
2. Council
endorse the draft Landscape Master Plan for exhibition purposes and the
commencement of the pathway upgrade outlined in Stage 1 commence immediately
following completion of detailed designs.
3. In
conjunction with the Landscape
Master Plan, Council conduct a safety audit of
the Henry/High Streets
section of the walkway between Railway Street
and the Civic Centre, with special consideration being given to lighting
requirements.
4. A
memorandum of understanding and a program of events be developed between
Council, the JSPAC and Westfield
5. The
matter be reported back to Council following completion of the consultation
process for adoption.
Councillor
Kevin Crameri requested that his name be recorded as having voted AGAINST the
MOTION.
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Councillor Mark
Davies left the meeting, the time being 8:10 pm.
Councillor Mark
Davies returned to the meeting, the time being 8:17 pm.
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2 Great
River Walk Stage 5
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Councillor David Bradbury left the meeting, the time being 8:18
pm.
Councillor David Bradbury returned to the
meeting, the time being 8:19 pm.
266 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Garry Rumble
That:
1. The information contained in the report
on Great River Walk
Stage 5 be received.
2. Council endorse
the lodgement of the application for the 2007-2008 Metropolitan Greenspace
Program grant for the Great River Walk Stage 5.
3. The Department of
Planning be notified of Council’s endorsement of the application.
4. A
further report be presented to Council
concerning the provision of street lighting for the pavement of the Great
River Walk Stage
5.
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The
City as
a Social Place
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4 Unauthorised development carried out by Walker Corporation
Pty Limited. Applicant: Walker Group Constructions Pty Limited; Owner: Macquarie
Goodman DA04/1637
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267 RESOLVED on the MOTION of Councillor Greg
Davies seconded Councillor Ross Fowler that the information contained in the
report on Unauthorised
development carried out by Walker Corporation Pty Limited be received.
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3 Assistance Towards Amateur Sportspersons and
Representatives in the fields of Art, Music, Culture - Overseas and
Interstate Travel
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268 RESOLVED on the MOTION of Councillor John
Thain seconded Councillor Susan Page
That:
1. The information contained in the
report on Assistance Towards Amateur Sportspersons and Representatives in the
fields of Art, Music, Culture - Overseas and Interstate Travel be received.
2. Council be provided with
quarterly reports detailing the results/outcomes gained by recipients of this
assistance.
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The
City In Its Environment
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5 Grant Received - Waterwise Garden - St Marys
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269 RESOLVED on the MOTION of Councillor David
Bradbury seconded Councillor Greg Davies
That:
1. The information contained in the report
on Grant Received -
Waterwise Garden - St Marys be received.
2. Council
endorse the acceptance of $42,735 for the construction of a Waterwise
demonstration garden at St Marys, from the Hawkesbury Nepean Catchment
Management Authority.
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The
City Supported by Infrastructure
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7 Local Government Road Safety Program - Roads and Traffic
Authority Grant Funding 2007-2008
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270 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Jim Aitken OAM
That:
1. The information contained in the report
on Local Government
Road Safety Program - Roads and Traffic Authority Grant Funding 2007-2008 be
received.
2. Council
accept the grants from the Roads and Traffic Authority as outlined in the
report.
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6 RTA 2007/08 Road Funding Grants
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271 RESOLVED on the MOTION of Councillor Steve
Simat seconded Councillor Kevin Crameri OAM
That:
1. The information contained in the report
on RTA 2007/08 Road
Funding Grants be received.
2. The
RTA 2007/08 Program Funding Block Grant in the amount of $894,000 be
accepted.
3. The
Supplementary Road Component in the amount of $156,000 be allocated to the
next stage of the upgrading of Luddenham Road, a 1km section commencing 1km
south of Twin Creeks Drive, heading south.
4. Council
accept the grant of $250,000, offered under the 2007/2008 Roads and Traffic
Authority REPAIR Program, for the reconstruction of Jamison Road, South Penrith between Woodriff Street
and 50m east of Castlereagh
Street.
5. The
Common Seal of the Council of the City of Penrith be affixed to the “Agreement for
Block Grant Assistance to Council for Regional Roads 2007/2008”.
6. Council
accept the grant of $44,000 offered under the Road Safety Program to
partially fund the position of Road Safety Co-ordinator.
7. A
report be provided to Council, detailing options available to accelerate the
provision of funding to complete upgrading of Luddenham Road.
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8 Connecting Road between Erskine Business
Park and the M7
Motorway
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272 RESOLVED on the MOTION of Councillor Steve
Simat seconded Councillor John Thain
That:
1.
The information contained in
the report on Connecting Road
between Erskine
Business Park
and the M7 Motorway be received.
2.
Council make urgent
representations to the NSW Planning Minister
regarding the urgency of accelerating the provision of this important
element of infrastructure.
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Leadership
and Organisation
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9 Bestowing the Civic Recognition of Honorary Citizen of the
City of Penrith
upon Sir Ian Turbott AO, CMG, CVO
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273 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Jackie Greenow
That:
1. The information contained in the report
on Bestowing the
Civic Recognition of Honorary Citizen of the City of Penrith upon Sir Ian Turbott AO, CMG, CVO
be received.
2. Council
bestow the Civic recognition of Honorary Citizen of the City of Penrith upon
Sir Ian Turbott AO, CMG, CVO at a Civic Reception, to be held as soon as
practicable.
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14 Pecuniary Interest Returns
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274 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Jackie Greenow that the information contained in the
report on Pecuniary
Interest Returns be received.
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15 City Operations Directorate Report to end June 2007
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275 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Jackie Greenow that the information contained in the
report on City
Operations Directorate Report to end June 2007 be received.
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17 Summary of Investments & Banking for the period 29 May to
30 June 2007
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276 RESOLVED on the MOTION of Councillor Ross Fowler
seconded Councillor Jackie Greenow
That:
1. The information contained in the report
on Summary of
Investments & Banking for the period 29 May to 30 June 2007 be received.
2. The
Certificate of the Responsible Accounting Officer and Summaries of Investments
and Performance for the period 29 May 2007 to 30 June 2007 be noted and
accepted.
3. The graphical investment analysis as at
30 June 2007 be noted.
4. The Agency Collection Fees information as at 30 June 2007
be noted.
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10 Bestowing the Civic Recognition of Honoured Citizen of the
City of Penrith
upon the Hon Peter Anderson AM
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277 RESOLVED on the MOTION of Councillor Kevin
Crameri OAM seconded Councillor Ross Fowler
That:
1. The information contained in the report
on Bestowing the
Civic Recognition of Honoured Citizen of the City of Penrith upon the Hon Peter Anderson AM be
received.
2. Council
bestow the Civic recognition of Honoured Citizen of the City of Penrith upon the Hon
Peter Anderson AM, at a Civic Reception, to be held as soon as practicable.
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11 NSW Electoral Commission - Anticipated Cost of 2008 Local
Government Elections
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278 RESOLVED on the MOTION of Councillor Jim
Aitken OAM seconded Councillor Susan Page
That:
1. The information contained in the report
on NSW Electoral
Commission - Anticipated Cost of 2008 Local Government Elections be received.
2. Council write to the Premier,
the Minister for Local Government, Local State Members and the Local
Government Association of New South Wales expressing Council’s
dissatisfaction in such a large increase in costs being passed on to local
government.
3. Council write to WSROC, seeking their
support by way of representations to Government in this matter.
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12 2007 Local Government Association NSW Conference Motions
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279 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Jackie Greenow
That:
1. The information contained in the report
on 2007 Local
Government Association NSW Conference Motions be received.
2. The
eleven (11) motions detailed in the report be submitted for inclusion in the
2007 Local Government Association NSW Conference Business Paper.
3. The
following additional motion be submitted for inclusion in the 2007 Local
Government Association NSW Conference Business Paper:
“That
the NSW Local Government Association make a submission to the Independent
Transport Safety & Reliability Regulator (ITSRR) and the Minister for
Transport regarding the likely financial and legal impact on councils in
regard to responsibility and liability resulting from any Interface
Agreements.
That the NSW Local Government Association
also be requested to negotiate with the appropriate Rail Authorities on an
agreed template for Interface Agreements.”
4. Councillor Kaylene Allison be nominated
as a voting delegate at the 2007 Local Government Association NSW Conference to
replace Councillor Jim Aitken OAM who is unable to attend.
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13 2007 Australian Local Government Association (ALGA) National
General Assembly of Local Government
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280 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Jackie Greenow
That:
1. The
information contained in the report on 2007 Australian Local Government Association
(ALGA) National General Assembly of Local Government be received.
2. The Motion
detailed in the report be submitted for inclusion in the 2007 Australian
Local Government Association National General Assembly Business Paper.
3. The
following additional motion be submitted for inclusion in the 2007 Australian
Local Government Association (ALGA) National General Assembly of Local
Government Business Paper:
“That the Australian Local Government
Association make a submission to the Independent Transport Safety &
Reliability Regulator (ITSRR) and the Minister for Transport regarding the
likely financial and legal impact on councils in regard to responsibility and
liability resulting from any Interface Agreements.”
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16 Standard & Poor's Credit Rating
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281 RESOLVED on the MOTION of Councillor Ross
Fowler seconded Councillor Karen McKeown
That:
1.
The information contained in
the report on Standard & Poor's Credit Rating be received.
2.
A report be provided to
Council examining the capacity of Penrith
City Council to issue
its own infrastructure bonds, and if needed, a recommendation be prepared for
the LGA Conference regarding approaching the Government to change legislation
to allow this to occur.
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QUESTIONS
WITHOUT NOTICE
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QWN 1 Consultation with Local Youth – Youth
Advisory Council (YAC)
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Councillor
Susan Page requested that an urgent report be brought to Council on how
Penrith City Council consults with its young people, and detailing how
Council would participate in any Western Sydney Regional YAC that may be
created in the future.
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282
RESOLVED on the MOTION of Councillor Susan Page seconded Councillor
Jackie Greenow that the matter be brought forward and dealt with as a matter
of urgency.
His Worship the Mayor, Councillor Pat
Sheehy AM, ruled that the matter was urgent and should be dealt with at the
meeting.
283 RESOLVED on the MOTION of Councillor Susan
Page seconded Councillor Jackie Greenow that an urgent
report be brought to Council on how Penrith
City Council consults with its young
people, and detailing how Council would participate in any Western
Sydney Regional YAC that may be created in the future.
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QWN 2 Lighting - Henry Street side of Westfield
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Councillor Susan Page requested
a memo reply concerning the lights over the footpath alongside Westfield in Henry Street,
which are not working, and requested that they be repaired.
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QWN 3 Trees - Racecourse Road, Penrith
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Councillor Susan Page requested
a memo reply concerning the need to trim overhanging branches on trees along Racecourse Road,
particularly on the left hand side on the corner of Gilda Avenue, travelling north.
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QWN 4 Activities of Western Sydney Alliance
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Councillor David Bradbury
requested a report to Council providing an update on the activities of the
Western Sydney Alliance in relation to the campaign against the proposed Badgerys Creek Airport.
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QWN 5 Access on Australian Aeroplanes
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Councillor David Bradbury requested
that the Disability Access Committee review the matter of disability access
on Australian aeroplanes and that a report be provided to Council on this
matter, the review to consider the suitability of toilet facilities provided.
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QWN 6 Recycling facilities available to
Council's Controlled Entities
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Councillor Karen McKeown requested
a report to Council detailing what recycling facilities are available, and
being utilised, at the premises of Council’s controlled entities.
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QWN 7 Scientific Weeds Study
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Councillor John Thain
requested that the Mayor write to the State Government, seeking information
on the progress of the Scientific Weeds Study, and that a memo reply be
forwarded to all Councillors when this information has been received.
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QWN 8 Community Services Directory
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Councillor Kevin Crameri OAM requested
that his fax number be amended in the Community Services Directory, and
including the CD version and electronically available information.
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QWN 9 Immunisation Clinic
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Councillor Kevin Crameri OAM requested
a memo reply to all Councillors concerning the booking of the Penrith Library
Theatrette, and the facility available at St Marys, for the immunisation
clinics.
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Committee
of the Whole
284 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Susan Page that the meeting
adjourn to the Committee of the Whole to deal with the following matters, the
time being 8:59 pm.
1 Presence of the Public
CW1 RESOLVED on the MOTION of Councillor
Karen McKeown seconded
Councillor Susan Page that the press and public be excluded from Committee of
the Whole to deal with the following matters:
Leadership and
Organisation
2 Property Matter - Council Property - Lease
of Suite 2
at Gaymark Lane,
134-138 Henry Street,
Penrith
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.
3 Property Matter - Council Property -
Assignment of Lease - from Suzanne Fenech to proposed new tenant Clever Kids Education
Centre Penrith over Suite 3 at Gaymark Lane, 134-138 Henry Street, Penrith
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.
Leadership and Organisation
4 Legal Matter - Penrith Whitewater
Stadium
This item has been referred
to Committee of the Whole as the report refers to advice concerning litigation,
or advice that would otherwise be privileged from production in legal
proceedings on the ground of legal professional privilege and discussion of the
matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 9:08 pm and the General Manager reported that
the Committee of the Whole met at 8:59 pm on 23 July 2007, the following being
present
His Worship the Mayor Councillor Pat Sheehy
AM, Councillors Jim Aitken OAM, Kaylene Allison, David Bradbury, Lexie
Cettolin, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Jackie
Greenow, Karen McKeown, Susan Page, Garry Rumble, Steve Simat, 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 - Council Property - Lease of Suite 2 at Gaymark Lane, 134-138 Henry Street,
Penrith
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RECOMMENDED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Garry Rumble
CW2 That:
1. The information contained in the report
on Property Matter
- Council Property - Lease of Suite 2 at Gaymark Lane, 134-138 Henry Street, Penrith be
received.
2. Council
grant a 1 year lease with a 1 year option to Kapsis & Associates
Solicitors & Barristers 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 - Council Property - Assignment of Lease -
from Suzanne Fenech to proposed new tenant Clever Kids Education Centre
Penrith over Suite 3 at Gaymark Lane, 134-138 Henry Street, Penrith
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RECOMMENDED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Garry Rumble
CW3 That:
1. The information contained in the report
on Property Matter
- Council Property - Assignment of Lease - from Suzanne Fenech to proposed
new tenant Clever Kids Education Centre Penrith over Suite 3 at Gaymark Lane, 134-138 Henry Street, Penrith be
received.
2. Council
grant Suzanne Fenech an Assignment of Lease to Clever Kids Education Centre
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.
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4 Legal Matter - Penrith Whitewater Stadium
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RECOMMENDED on the MOTION of
Councillor Greg Davies seconded Councillor Karen McKeown
CW4 That:
1. The
information contained in the report on Legal Matter - Penrith Whitewater
Stadium be received.
2. A
further
report be provided, as requested by Council, on this matter.
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ADOPTION
OF Committee of the Whole
285 RESOLVED on the MOTION of Councillor Susan
Page seconded Councillor Jackie Greenow that the recommendations
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 9:10 pm.
I certify that these 12 pages are the Confirmed
Minutes of the Ordinary Meeting of Penrith City Council held on 23 July 2007.
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Chairperson Date