OF
THE ORDINARY MEETING OF
COUNCIL CHAMBERS
ON MONDAY 13 OCTOBER 2008 AT 7:32PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Jim Aitken OAM read a
statement of recognition of
PRAYER
The Council Prayer was read by the Rev Neil Checkley.
PRESENT
His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain.
DECLARATIONS OF INTEREST
Councillor John Thain declared a non-pecuniary interest in Item 1 - Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel as one of the recipients referred to in the report is the son of a work colleague. Councillor Thain stated that he would not take part in any debate on the matter.
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379 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Karen McKeown that the Mayoral Minute on Council Awarded for Sustainability Initiatives be received. |
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381 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Glenn Mallard retires after 40 years with Council be received. |
The Mayor then presented Mr Mallard with a framed copy of the Mayoral Minute.
The
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385 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Pecuniary Interest Returns be received. |
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6 Council Property - Electricity
Easement for Underground Cables within existing |
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386 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor
Ross Fowler OAM That: 1. The information contained in the report
on Council Property - Electricity
Easement for Underground Cables within existing 2. Council grant
an easement for underground cables 5 metres wide to benefit Integral Energy
over Lot 8031 DP 870626, Lot 1000 DP 872795 and Lot 1 DP 1045500 at The
Glenmore Parkway, 3. The applicant bear all costs associated with the granting of the easements. 4. The Common
Seal of the Council of the City of |
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387 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor
Ross Fowler OAM that the
information contained in the report on 2008 Annual Financial Statements be received. |
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10 Summary of Investments for the period 1
September to 30 September 2008 |
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388 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor
Ross Fowler OAM That: 1. The information contained in the report
on Summary of Investments for
the period 1 September to 30 September 2008 be received. 2. The
Certificate of the Responsible Accounting Officer and Summaries of
Investments and Performance for the period 1 September 2008 to 30 September
2008 be noted and accepted. 3. The
graphical investment analysis as at 30 September 2008 be noted. 4. The
Agency Collection Fees be noted. |
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4 Going Public - A Conference for Women
in the Public Sector and Politics |
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389 RESOLVED on the MOTION of Councillor John Thain seconded Councillor
Jackie Greenow That: 1. The information contained in the report
on Going Public - A Conference
for Women in the Public Sector and Politics be received. 2. Councillors Karen McKeown, Prue Guillaume and Kaylene Allison and any other interested Councillors attend the Conference. |
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7 Independent Pricing and Regulatory
Tribunal review of Revenue Framework for Local Government |
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390 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor
Ross Fowler OAM That: 1. The information contained in the report on Independent Pricing and Regulatory Tribunal review of Revenue Framework for Local Government be received. 2. The WSROC submission to the IPART Review of the Revenue Framework for Local Government be endorsed. |
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391 A MOTION was moved by Councillor John Thain seconded Councillor Jackie
Greenow That: 1. The information contained in the report
on Councillor Representation
on External Organisation be received. 2. Council appoint Councillor Greg Davies to the Western Sydney Academy of Sport Advisory Forum. An AMENDMENT was moved by Councillors Mark Davies and Robert Ardill that Council appoint Councillor Tanya Davies to the Western Sydney Academy of Sport Advisory Forum. Upon the withdrawal of the nomination of Councillor Greg Davies, it was RESOLVED UNANIMOUSLY as follows: That: 1. The information contained in the report
on Councillor Representation
on External Organisation be received. 2. Council appoint Councillor Tanya Davies to the Western Sydney Academy of Sport Advisory Forum with Councillor Greg Davies to be the alternate delegate. |
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Councillor
Prue Guillaume requested a report to Council on the possible provision of a
bus to transport |
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Councillor John Thain thanked the electorate for their participation in the recent Local Government Election and for his re-election. |
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QWN 3 Late Motion to Local Government Association Conference -Uniform Laws for all Elections |
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Councillor John Thain requested that Council submit a late motion to the 2008 Local Government Association Conference seeking consistency with rules for where election officials can be located within the school grounds. |
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392 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward as a matter of urgency. His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting. |
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393 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that Council submit a late motion to the 2008 Local Government Association Conference seeking consistency with rules for where election officials can be located within the school grounds. |
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Councillor
John Thain requested a memo reply concerning the inspection of an overgrown Japanese
maple at an address in |
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Councillor John Thain requested a report to Council on the current rules and regulations for the building of carports and whether or not a development application is required in this regard. |
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QWN 6 Late Motion to Local Government Association Conference – Land Council Representation at Conference |
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Councillor
John Thain requested a report to the next Policy Review Committee meeting
concerning the submission of a late motion to the 2008 Local Government
Association Conference supporting the consideration of an amendment to the
Local Government and Shires Associations NSW constitution that will allow
independent membership to that of the |
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Councillor Jackie Greenow thanked Council and Council officers for their efforts in supporting the St Marys Spring Festival which was held on Saturday 11 October 2008 and requested that the Mayor send a letter of thanks to those staff involved. |
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QWN 8 Legal Matter - 8 Donohoes Road, Mulgoa - to be considered in Committee of the Whole |
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Councillor Kevin Crameri OAM requested that an item concerning 8 Donohoes Road, Mulgoa be 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. |
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Councillor Kevin Crameri OAM requested a memo reply concerning his previous question concerning Llandilo Hall and when the project is likely to be completed. |
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Councillor Ross Fowler OAM requested that an amount of $1,300, to be funded in equal amounts from each of North, South and East Ward voted works, be allocated to the funding of the publication of a booklet detailing the history of Creative Embroiderers. |
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394 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the matter be brought forward as a matter of urgency. His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting. |
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395 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that an amount of $1,300, to be funded in equal amounts from each of North, South and East Ward voted works, be allocated to the funding of the publication of a booklet detailing the history of Creative Embroiderers. |
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QWN 11 Councillor representative to 2008 Local Government Association Conference |
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Councillor Ross Fowler OAM requested that, as Councillor Ben Goldfinch is now unable to attend the 2008 Local Government Association Conference, Councillor Marko Malkoc attend the Conference as Councillor Goldfinch’s replacement. |
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Councillor
Mark Davies requested a memo reply concerning the possibility of repairing or
replacing the broken barrier fence in |
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Councillor
Mark Davies requested a memo reply concerning the proposed purchase and
closure of the laneway known as |
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Councillor
Mark Davies requested a report to Council detailing the impacts of losing two
District courts from Penrith when they are moved to |
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QWN 15 Representations to local State Members regarding the proposed closure of two district courts in Penrith |
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Councillor Mark Davies requested that representations be made to the three local State Members concerning the proposed closure of district courts in Penrith, and that copies of their replies be provided, with a covering memo, to all Councillors. |
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QWN 16 Request
for reports to Council on James Burns and the Commemoration of the Crossing
of the |
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Councillor
John Thain requested a memo reply on the status of reports to Council that
have been requested on James Burns and on the Commemoration of the Crossing
of the |
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Councillor Greg Davies requested a memo reply detailing what actions have been taken to rectify the air conditioning problems being encountered at the Penrith Seniors Centre. |
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Councillor
Greg Davies requested a memo reply to East Ward Councillors concerning works
to improve safety at the |
396 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:50 pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Jackie Greenow that the press and public be excluded from Committee of the Whole to deal with the following matters:
Leadership and Organisation
2 Commercial
Matter - Acquisition of Public Reserve,
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.
3 Commercial
Matter -
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 Legal Matter -
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 9:06 pm and the General Manager reported that the Committee
of the Whole met at 8:50 pm on 13 October 2008, the following being present
His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, 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
Public Reserve, |
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RECOMMENDED
on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies CW2 That: 1. The information contained in the report
on Commercial Matter -
Acquisition of Public Reserve, 2. Council pay compensation to J K Williams Staff Pty Ltd for the acquisition as Public Reserve of Lot 353, DP 752021 containing 63 square metres in accordance with Conditions 1, 2, 3 and 4 as outlined in the report. |
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3 Commercial Matter - |
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RECOMMENDED
on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch CW3 That consideration of this
item be deferred. |
4 Legal
Matter -
The Committee noted that no declarations of interest had been made in relation to this matter.
RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain
CW4 That the verbal information provided by Council officers be received.
ADOPTION
OF Committee of the Whole
397 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the recommendation contained in the Committee of the Whole and shown as CW2, CW3 and CW4 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:09 pm.
I certify that these 12 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 13 October 2008.
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Chairperson Date