OF
THE ORDINARY MEETING OF PENRITH
CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 5 MAY 2008 AT 7:35PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
The Deputy Mayor, Councillor Jackie Greenow 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
The Deputy Mayor Councillor Jackie Greenow, Councillors Jim Aitken OAM, Kaylene Allison,
David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark Davies, Ross Fowler OAM,
Karen McKeown, Garry Rumble, Pat Sheehy AM, Steve Simat and John Thain.
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APOLOGIES
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148 RESOLVED
on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Steve Simat
that the apology from Councillor Greg Davies be accepted.
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LEAVE OF ABSENCE
Leave
of Absence was previously granted to Councillor Susan Page for the period 21
April 2008 to 12 May 2008 inclusive.
149 RESOLVED on the MOTION of Councillor John
Thain seconded Councillor Lexie Cettolin that Councillor Susan Page be granted
an extension to her leave of absence, for another two weeks, to 26 May 2008
inclusive.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 21 April 2008
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150 RESOLVED on the MOTION
of Councillor Pat Sheehy AM seconded Councillor Mark Davies that the minutes
of the Ordinary Meeting of 21 April 2008 be confirmed.
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DECLARATIONS OF INTEREST
There were no declarations of interest made at this stage of
the meeting.
Councillors Jim Aitken OAM and Ross Fowler OAM made
declarations of interest as part of the consideration of Reports of Committees.
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SUSPENSION OF
STANDING ORDERS
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151 RESOLVED on the MOTION
of Councillor Pat Sheehy AM seconded Councillor Kevin Crameri OAM that
Standing Orders be suspended to allow members of the public to address the
meeting, the time being 7:38 pm.
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Daniel McNamara
Report and Recommendations of Policy Review
Committee Meeting – 28 April 2008 (Item 3 – Riverlink Precinct Plan)
Speaking FOR the Recommendation
Mr McNamara, Director of DMPS, thanked Council and Council
officers for the opportunity to contribute at this early stage of the planning
process for the Riverlink Precinct Plan and expressed hope that Council will
continue to co-operate in the sharing of information, particularly with regard
to the flood study, and proposed permitted uses within the Precinct. Mr McNamara noted that residents were
concerned at the lack of detailed information related to development potential
of land available and viable recreation uses for the precinct.
Lorraine Quartermain
Report and Recommendations of Policy Review
Committee Meeting – 28 April 2008 (Item 3 – Riverlink Precinct Plan)
Speaking AGAINST the
Recommendation
Ms Quartermain, representing residents of Blaikie Road, expressed disappointment
and frustration with the process that has been followed during Council’s
development of the Riverlink
Precinct Plan, and noted that several residents
had been attempting to develop their land for some 20 years, including having
numerous flood, and other, studies done.
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RESUMPTION OF
STANDING ORDERS
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152 RESOLVED on the MOTION
of Councillor John Thain seconded Councillor Jim Aitken OAM that
Standing Orders be resumed, the time being 7:51 pm.
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Reports of
Committees
Councillor Jim Aitken OAM declared a pecuniary interest in Item 4 of the Report and Recommendations of
the Policy Review Committee Meeting held on 28 April 2008 – Caddens Release
Area draft Local Environmental Plan and draft Development Control Plan as
he owns land within the area, and left the meeting, the time being 7:52 pm.
Councillor Ross Fowler OAM declared a pecuniary interest in Item 3 of the Report and Recommendations of
the Policy Review Committee Meeting held on 28 April 2008 - Riverlink Precinct
Plan as he is a Director of a company that owns property in the Plan area
and also the accountant for property owners within the Plan area, and left the
meeting, the time being 7:52 pm.
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1 Report
and Recommendations of the Policy Review Committee Meeting held on 28 April
2008
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153
RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor
Karen McKeown that the recommendations contained in the Report and
Recommendations of the Policy Review Committee meeting held on 28 April, 2008
be adopted.
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Councillors Jim Aitken OAM and Ross Fowler OAM returned to
the meeting, the time being 7:53 pm.
MASTER PROGRAM REPORTS
Leadership
and Organisation
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1 Draft
2008-2009 Management Plan
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154 RESOLVED
on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown
That:
1. The information contained in the report
on Draft 2008-2009 Management
Plan be received.
2. The
proposed amendments to the Strategic Program as detailed in Appendix 1 to the
report be adopted from 1 July 2008.
3. The
proposed consolidation of certain Services as detailed in the report be
adopted from 1 July 2008.
4. Council
adopt the Draft 2008-2009 Management Plan, including the amendments detailed
in the memorandum from the Corporate Development Manager, dated 5 May 2008.
5. The
Draft 2008-2009 Management Plan be placed on Public Exhibition for 30 days,
commencing on Monday 12 May 2008 and closing on Tuesday 10 June 2008.
6. Submissions
from the public on the Draft Management Plan be invited and the public
consultation arrangements as detailed in this report be implemented,
including a public meeting and forum to be held on Monday 2 June 2008 in the
Civic Centre.
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The City as a Social Place
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12 Research
Partnerships Program - University
of Western Sydney
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155 RESOLVED
on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown
That:
1. The information contained in the report
on Research Partnerships
Program - University
of Western Sydney be
received.
2. Council endorse the research grant as
outlined in this report and a contribution of $15,971 as the partner in the
research project.
3. Council be advised of the outcome of the
grant application.
4. Should the
research grant be successful, Council and the Penrith City Children’s
Services Cooperative be advised of the findings of the research.
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2 Feasibility
of Sporting Fields at Brookfield
Reserve
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156 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Lexie Cettolin that
this matter be deferred until consultation has taken place with the Penrith
Junior Rugby League Club and the Nepean
Soccer Club, and the maximum amount available for a Capital Assistance
Program grant has been established.
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3 Requirements
for submission of a development application for dual occupancy in rural areas
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157 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM
That:
1. The information contained in the report on
Requirements for submission of a development application for dual occupancy
in rural areas be received.
2. The report be submitted for consideration
of the Development Regulation Working Party, in particular the issue of fees
and charges and if payment of these can be deferred over a period of time,
and also matters regarding costs associated with water and electricity
meters.
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The
City In Its Environment
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4 Request
for Tender 12-07/08 for the Provision of Bushland Management and Associated
Project Management
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158 RESOLVED
on the MOTION of Councillor Jim Aitken OAM seconded Councillor Kevin Crameri
OAM
That:
1. The information contained in the report
on Request for Tender 12-07/08
for the Provision of Bushland Management and Associated Project Management be
received.
2. The six
highest ranked Tenderers be placed on the approved panel for Bushland
Management & Associated Project Management for an initial period of three
years with an option to extend for a further two by one year periods.
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The
City Supported by Infrastructure
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5 Local Government Road
Safety Program - Additional Funding
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159 RESOLVED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kaylene Allison
That:
1. The information contained in the report
on Local Government Road
Safety Program - Additional Funding be received.
2. Council accept
the grant from the Roads and Traffic Authority as outlined in the report.
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6 Fire
Safety of Council Facilities
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160 RESOLVED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jim Aitken OAM
that the information contained
in the report on Fire Safety
of Council Facilities be received.
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Leadership
and Organisation
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7 Pecuniary
Interest Returns
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161 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that
the information contained in the
report on Pecuniary Interest
Returns be received.
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8 Australian
Local Government Women's Association (ALGWA) NSW Branch
State Conference
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162 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM that
the information contained in the
report on Australian Local
Government Women's Association (ALGWA) NSW Branch State Conference be
received.
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10 Transfer
and Dedication as Road - Lot 8349, DP 1003801, Kyarra Terrace, Glenmore Park.
Owner: Mrs Zagorka Ljubic. Applicant:
J Wyndham Prince Pty Ltd
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163 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM
That:
1. The information contained in the report
on Transfer and Dedication as
Road - Lot 8349, DP 1003801, Kyarra Terrace, Glenmore Park. Owner:
Mrs Zagorka Ljubic. Applicant: J Wyndham Prince Pty Ltd be received.
2. Council accept
the transfer of Lot 8349, DP 1003801 in the
amount of $1 on the basis the administration cost of $500 is paid to Council.
3. Lot 8349, DP1003801 be dedicated as road by a notice in
the Government Gazette under Section 10 of the Roads Act 1993.
4. The Common
Seal of the Council of the City of Penrith
be affixed to all necessary documentation.
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11 Annual
GST Compliance Certificate
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164 RESOLVED
on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM
That:
1. The information contained in the report
on Annual GST Compliance
Certificate be received.
2. The Mayor,
Deputy Mayor, General Manager and Chief Financial Officer sign the 2008 GST
Compliance Certificate.
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9 20th
Women, Management and Employment Relations Conference - 24 to 25 July 2008
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165 RESOLVED
on the MOTION of Councillor Pat Sheehy AM seconded Councillor John Thain
That:
1. The information contained in the report
on 20th Women, Management and
Employment Relations Conference - 24 to 25 July 2008 be received.
2. Councillors
Karen McKeown and Kaylene Allison attend the 20th Women,
Management and Employment Relations Conference.
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QUESTIONS WITHOUT NOTICE
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QWN 1 Japanese
Weeping Willow Tree
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Councillor Pat Sheehy AM requested a memo
reply to all Councillors concerning a Japanese Weeping Willow tree on a
property in Weatherby Avenue,
Cambridge Park that has become
a matter of concern to the owner and neighbours, the owner having been denied
permission to have the tree removed.
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QWN 2 Footpaving
- Brougham Street,
Emu Plains
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Councillor Karen McKeown requested a memo
reply concerning the provision of footpaving on Brougham Street, Emu Plains, on the
western side between the Great
Western Highway and Pyramid Street.
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QWN 3 Provision
of Signage - Ray Morphett Pavilion at Dukes Oval
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Councillor
Karen McKeown requested that an amount of $600 from South Ward voted works be
allocated to the provision of signage to the Ray Morphett Pavilion.
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166 RESOLVED on the MOTION of Councillor Karen
McKeown seconded Councillor Garry Rumble that the matter be brought forward
and dealt with as a matter of urgency.
The Deputy Mayor,
Councillor Jackie Greenow, ruled that the matter was urgent and should be
dealt with at the meeting.
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167
RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor
Garry Rumble that an amount of $600 from South Ward voted works be allocated
to the provision of signage to the Ray Morphett Pavilion.
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QWN 4 River
Summit
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Councillor John Thain requested a memo
reply to all Councillors on possible items for the agenda of the planned
River Summit, as referred to in the letter to members from Hawkesbury River
County Council, dated 2 May 2008.
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QWN 5 Roadworks
in Kolenberg Place,
Emu Plains
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Councillor Jim Aitken OAM requested a
report to Council on roadworks that need to be completed in Kolenberg Place,
Emu Plains this year.
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QWN 6 Spray
paint damage to cars parked in Allen
Place Carpark
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Councillor Jim Aitken OAM requested a memo
reply concerning spray paint damage that has occurred to cars parked in the
Allen Place Carpark in Penrith.
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QWN 7 Overgrown
vegetation - land on corner of Iken Street and York Road, Penrith
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Councillor Garry Rumble requested a memo
reply to all Councillors concerning overgrown land on the corner of Iken Street and York Road, Penrith,
asking if this land is part of a Council bushland regeneration program.
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QWN 8 Criteria
for Successful Tenderers - Training
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Councillor Mark Davies requested a report
to Council on the feasibility of including the criterion of training as an
aspect of the list of criteria considered when determining a successful
tenderer.
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QWN 9 Referral
of Legal Matter to Committee of the Whole
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Councillor David Bradbury advised that the
had a legal matter to be considered at the end of the meeting, in Committee
of the Whole.
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QWN 10 Sailability
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Councillor
Jackie Greenow requested that an amount of $11,875, derived in equal amounts from
each Ward’s voted works, be allocated to the provision of path paving and the
purchase of a 4 person boat for the Sailability Program to be located at the Sydney International
Regatta Centre.
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168 RESOLVED on the MOTION of Councillor Jackie
Greenow seconded Councillor Jim Aitken OAM that the matter be brought forward
and dealt with as a matter of urgency.
The Deputy Mayor,
Councillor Jackie Greenow, ruled that the matter was urgent and should be
dealt with at the meeting.
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169
RESOLVED on the MOTION of Councillor Jackie Greenow seconded
Councillor Jim Aitken OAM that an amount of $11,875, derived in equal amounts
from each Ward’s voted works, be allocated to the provision of path paving
and the purchase of a 4 person boat for the Sailability Program to be located
at the Sydney
International Regatta Centre.
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Committee of the
Whole
170 RESOLVED on
the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that the
meeting adjourn to the Committee of the Whole to deal with the following
matters, the time being 8:38 pm.
1 Presence of the Public
CW1 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that the press and public be excluded from
Committee of the Whole to deal with the following matters:
City as an Economy
2 Commercial Matter - Acquisition of
Property - Christie Street,
Dunheved
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
3 Property Matter - Council Property -
Sale of Lots 120 & 121, DP 1121806, Koloona Drive, Emu Plains
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 Question Without Notice 9 - Referral
of Legal Matter to Committee of the Whole
This
item has been referred to Committee of the Whole as it 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 8:53 pm and the General Manager reported that the Committee
of the Whole met at 8:38 pm on 5 May 2008, the following being present
The Deputy Mayor Councillor Jackie Greenow, Councillors Jim
Aitken OAM, Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM,
Mark Davies, Ross Fowler OAM, Jackie Greenow, Karen McKeown, Garry Rumble,
Steve Simat, Pat Sheehy AM 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 Commercial
Matter - Acquisition of Property - Christie
Street, Dunheved
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RECOMMENDED on the MOTION of Councillor Ross
Fowler OAM seconded Councillor Steve Simat
CW2 That:
1.
The
information contained in the report on Commercial
Matter - Acquisition of Property - Christie
Street, Dunheved be received.
2.
Council submit an offer to purchase the property from
the owner in the form of the tender documentation, at the price indicated in
the summary of the report.
3.
Funding for the proposed acquisition be by way of
loan borrowing, with debt servicing costs met by the Property Development
Reserve.
4.
If Council is successful in acquiring the subject
land then it be classified as “Operational” land.
5.
A further report be presented to Council as a result
of the outcome concerning the subject site.
6.
The Common Seal Council of the City of Penrith be placed on all
necessary documentation.
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3 Property
Matter - Council Property - Sale of Lots 120 & 121, DP 1121806, Koloona
Drive, Emu Plains
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RECOMMENDED on the MOTION of Councillor Pat Sheehy
AM seconded Councillor Mark Davies
CW3 That:
1. The information contained in the report
on Property Matter - Council Property - Sale of Lots 120 & 121, DP
1121806, Koloona Drive,
Emu Plains be received.
2. Council sell Lots 120 & 121, DP
1121806, at Nos. 89-91 Koloona
Drive, Emu Plains by public auction.
3. Century 21 Renshaw Realty be engaged to
undertake the advertising and public auction of the property.
4. A further report be presented to Council
to determine the reserve price to be presented to the auctioneer on the day
of the auction.
5. The Common Seal of the Council of the
City of Penrith
be placed on all necessary documentation.
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4 Question Without Notice
9 - Referral
of Legal Matter to Committee of the Whole
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RECOMMENDED on
the MOTION of Councillor David Bradbury seconded Councillor Pat Sheehy AM
CW4 That the information concerning
various properties in Strathdon
Road, Emu
Heights be received.
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ADOPTION
OF Committee of the Whole
171 RESOLVED on
the MOTION of Councillors Ross Fowler OAM seconded Councillor David Bradbury
that the recommendations contained in the Committee of the Whole and shown as CW2
and CW3 be adopted, with CW4 being adopted, as amended, to read:
“That the information concerning various
properties in Strathdon Road,
Emu Heights be received and a further report
be submitted to Council after a site meeting for Councillors has been
convened.”
There being no further business the Chairperson declared the
meeting closed the time being 8:56 pm.
I certify that these 10 pages are the Confirmed Minutes of the
Ordinary Meeting of Penrith City Council held on 5 May 2008.
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Chairperson Date