CONFIRMED
MINUTES
OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL
CHAMBERS
ON
MONDAY 28 FEBRUARY 2011 AT 7:35PM
|
29 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Greg Davies that Council
reaffirm Standing Orders in place and prohibit the use of an electronic
device during the meeting.
|
|
|
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
Deputy Mayor, Councillor Jim Aitken OAM 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
Deputy Mayor Councillor Jim Aitken OAM, Councillors, Kevin
Crameri OAM, Kaylene Allison, Greg Davies, Mark Davies, Tanya Davies, Ross
Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen
McKeown, Kath Presdee and John Thain.
|
APOLOGIES
|
|
30 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Ross Fowler OAM than an apology be
received for Councillor Robert Ardill.
|
|
CONFIRMATION OF MINUTES -
Ordinary Meeting - 7 February 2011
|
|
31 RESOLVED on the MOTION of Councillor
Marko Malkoc seconded Councillor Greg Davies that the minutes of the Ordinary
Meeting of 7 February 2011 be confirmed.
|
DECLARATIONS OF INTEREST
Councillor Kevin Crameri OAM declared a Non Pecuniary
Conflict of Interest – Less than Significant in Item 1 - Code of Conduct -
Mayor Councillor Kevin Crameri OAM as the matter relates to him.
Deputy Mayor, Councillor Jim Aitken OAM declared a Pecuniary
Interest in the Report and Recommendations of the Policy Review Committee
held on 21 February, 2011 as he is a owner of property in the area.
Reports of Committees
|
1 Report and
Recommendations of the Local Traffic Committee Meeting held on 7 February
2011
|
|
32 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 7 February, 2011 be adopted.
|
|
3 Report and
Recommendations of the Access Committee Meeting held on 2 February 2011
|
|
33 RESOLVED on the MOTION of
Councillor Jackie Greenow seconded Councillor Kevin Crameri OAM that
the recommendations contained in the Report and Recommendations of the Access
Committee meeting held on 2 February, 2011 be adopted.
Councillor Jackie Greenow spoke
to General Business Item 5- Pathway Construction St Marys Village Shopping
Centre in the report and wished to acknowledge the efforts of the Shop
Owners in contributing half of the required funds required to construct the
pathway which provides improved pedestrian access to St Marys Village
Shopping Centre from Carinya Avenue.
Councillor Jackie Greenow also
spoke to General Business Item 4 - Accessible Holiday Accommodation in
the report and asked that a motion be presented to the Local Government
Association that ensures standard Accessible Holiday Accommodation
information is available advising customers of the level of accessibility of
the facilities..
Deputy Mayor, Councillor Jim
Aitken OAM advised this would be included as a recommendation in Item 6 of
tonight’s meeting.
|
Having previously declared a Pecuniary Interest in Report
and Recommendations of the Policy Review Committee held on 21 February, 2011, Deputy
Mayor, Councillor Jim Aitken OAM left the meeting, the time being 7:46pm.
Councillor Ross Fowler OAM, took the Chair for consideration
of Report and Recommendations of the Policy Review Committee held on 21
February, 2011.
|
2 Report and
Recommendations of the Policy Review Committee held on 21 February, 2011
|
|
34 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marko Malkoc that the
recommendations contained in the Report and Recommendations of the Policy
Review Committee meeting held on 21 February, 2011 be adopted.
|
Deputy Mayor, Councillor Jim Aitken OAM, returned to the
meeting and took the Chair the time being 7:48pm.
DELIVERY PROGRAM REPORTS
A Leading City
|
3 Pecuniary Interest
Returns
|
|
35 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Ben Goldfinch that the
information contained in the report on Pecuniary Interest Returns be received.
|
|
4 Summary of Investments
for Period 1 January 2011 to 31 January 2011
|
|
36 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Ben Goldfinch
That:
1. The information contained in
the report on Summary of Investments for Period 1 January 2011 to 31 January
2011 be received.
2. The Certificate of the Responsible
Accounting Officer and Summaries of Investments and Performance for the
period 1 January 2011 to 31 January 2011 be noted and accepted.
3. The graphical investment
analysis as at 31 January 2011 be noted.
|
|
7 Amendments to 2011
Meeting Calendar
|
|
37 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Ben Goldfinch
That:
1. The information contained in
the report on Amendments to 2011 Meeting Calendar be received
2. The 2011 Meeting Calendar be
altered as follows:
· an additional Ordinary Council Meeting be
convened for 7:00pm on Monday 11 April 2011 for the purpose of considering
one item of business only - the ‘Adoption of the Draft Operational Plan for
2011-12 for exhibition’;
· the Operational Plan Public Forum be held
on Wednesday 4 May 2011 in lieu of Monday 30 May 2011; and
· the Ordinary Council meeting scheduled for
Monday 23 May 2011 be held instead on Monday 30 May 2011.
|
|
1 Code of Conduct - Mayor
Councillor Kevin Crameri OAM
Deputy
Mayor, Councillor Jim Aitken OAM read a statement expressing disappointment
over the incidents discussed in the report and his confidence in the
transparency of the process in bringing this report to an open Council
meeting.
Councillor
John Thain expressed concern towards the Mayor’s actions and disappointment
in the lack of contrition the Mayor has demonstrated and outlined the
training that had been provided.
Councillor
Kevin Crameri OAM spoke to the report and expressed his disappointment at not
being able to show a presentation to the meeting. Councillor Kevin Crameri
OAM strongly denied any inappropriate behaviour with young women, and
reiterated that all photographs he appeared in were requested by other
parties, with the exception of one.
At
the conclusion of Councillor Kevin Crameri’s OAM 5 minute address he was
invited by the Deputy Mayor, Councillor Jim Aitken OAM to ask for an
extension of time to continue addressing the meeting. Councillor Crameri OAM
however, indicated that he would close his address as he had previously been
told that he could not make his full electronic presentation and declined to
request an extension.
Councillor
Ross Fowler OAM requested that a Councillor Officer highlight the process which
has been undertaken since the Code of Conduct matter was first raised.
Group
Manager – Legal & Governance, Stephen Britten responded outlining the
process that had been followed in relation to providing Councillor Kevin
Crameri OAM with natural justice.
Councillor
Ross Fowler OAM then discussed the ‘Reasonable Man Test’ and whether natural justice
has been served. Councillor Ross Fowler OAM stated he believed anyone who
reviewed the process and the opportunities that have been extended to
Councillor Kevin Crameri OAM to comment on the issues raised would say that
natural justice has been served. Councillor Ross Fowler OAM, reaffirmed that
all Councillors had adopted and agreed to the same Code of Conduct and that
it is reasonable to determine that the series of behaviours outlined in the
report would be a breach of the Code of Conduct.
Councillor
Greg Davies requested a response from Councillor Kevin Crameri OAM in respect
of recommendation 10.
Councillor
Kevin Crameri OAM indicated that any resignation would mean pleading guilty
to the 38 complaints. Councillor Crameri OAM stated he stepped aside voluntarily
and indicated that he will wait until the Division of Local Government makes
a further decision.
|
|
38 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Code of Conduct - Mayor Councillor
Kevin Crameri OAM be received.
2. Council
Receive and note the report of the Conduct Review Committee;
3. The
Council determines that the Mayor Councillor Kevin Crameri OAM has breached
clauses 6.1 (c), 6.2 and 6.3 of Penrith City Council’s Model Code of
Conduct.
4. The
Mayor, Councillor Crameri OAM be censured for misbehaviours in (22)
of (38) allegations, defined in the Report through (22) Breaches of the Penrith
City Council Code of Conduct identified by Clauses 6.1 (c), 6.2 and
6.3.
5. The
Mayor, Councillor Crameri OAM be required to provide to the Council,
the Penrith Business Alliance, the International Friendship Alliance
and to the leaders of the host delegations in the Cities visited,
an unreserved written apology for his inappropriate behaviour while on
a trade delegation to China, Korea and Japan between 14 October 2010 and
3 November 2010. The written apology is to be copied to all Councillors
and to the General Manager.
6. The Mayor, Councillor Crameri OAM be
required to participate in a planned Counselling
Program. The Program is to be determined by an appropriate
independent person.
7. The
censuring, apologies and counselling are to be completed within 30 days
of the Council decision on the report.
8. That the
Council considers the conduct of the Mayor, Councillor Kevin Crameri
OAM to be of such a nature that warrants the Division of Local Government
to consider suspension of the Mayor as a Councillor under Section
440H (1) (a) of the Local Government Act 1993, and that Council Officers
write to the Division seeking the Division of Local Government consider
the suspension of the Mayor, Councillor Kevin Crameri OAM at the
request of Council.
9. Council moves
that it has no confidence in Councillor Kevin Crameri OAM as
Mayor.
10. This Council
call Councillor Crameri OAM to resign as Mayor effective immediately.
|
Councillor Kevin Crameri OAM, left the meeting and did not
return, the time being, 8:14pm.
|
2 Six Month Review of the
Delivery Program 2009-2013 and the December Quarter Review of the 2010-2011
Operational Plan
|
|
39 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. The information contained in
the report on Six Month Review of the Delivery Program 2009-2013 and the
December Quarter Review of the 2010-2011 Operational Plan be received
2. The 2010-11 Operational Plan
Review as at 31 December 2010, including the revised estimates identified in
the recommended budget, be adopted.
|
|
5 Planning for Penrith
Lakes
|
|
40 RESOLVED on the MOTION of Councillor
John Thain seconded Councillor Ross Fowler OAM
That:
1. The information contained in
the report on Planning for Penrith Lakes be received
2. The Minister for Planning, the
Head of the State Government Taskforce, and the Chairman of the Board of Directors
of the Penrith Lakes Development Corporation be invited to brief Council on
the status of planning for the Penrith Lakes Scheme.
3. The Department of Planning be
requested to coordinate a briefing of Council staff by the Penrith Lakes
Development Corporation and their technical consultants on the methodology
and infrastructure for managing flooding within the Scheme in order to
progress the application.
4. Council write to the Minister
for Planning requesting that a Councillor and a Council Officer be included
as members of the State Government Taskforce.
|
|
6 2011 Australian Local
Government Association (ALGA) National General Assembly of Local Government
|
|
41 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Ross Fowler OAM
That:
1. The information contained in
the report on 2011 Australian Local Government Association (ALGA) National
General Assembly of Local Government be received
2. Council nominate Deputy Mayor,
Councillor Jim Aitken OAM as its voting delegate for the 2011 National
General Assembly of Local Government.
3. Council nominate Councillors
Ross Fowler OAM, Karen McKeown, Jackie Greenow and Marko Malkoc to attend as
observers at the 2011 National General Assembly of Local Government.
4. Leave of Absence be granted to
all Councillors attending the 2011 National General Assembly of Local
Government to be held in Canberra from 19-22 June 2011.
5. A further report detailing
suggested motions be considered at Council’s Policy Review Committee meeting
to be held on 4 April 2011.
6. A motion be presented to the
Australian Local Government Association that ensures standard Accessible
Holiday Accommodation information is available advising customers of the
level of accessibility of the facilities.
|
A City of Opportunities
|
9 Community Assistance
Program Rolling Component Projects Approved Under Delegated Authority July -
December 2010
|
|
42 RESOLVED on the MOTION of
Councillor Ben Goldfinch seconded Councillor Jackie Greenow
That the information contained in the report on Community
Assistance Program Rolling Component Projects Approved Under Delegated
Authority July - December 2010 be received.
|
|
8 Grant Application -
Regentville Hall Kitchen upgrade
|
|
43 RESOLVED on the MOTION of
Councillor Prue Guillaume seconded Councillor Greg Davies
That:
1. The information contained in
the report on Grant Application - Regentville Hall Kitchen upgrade be
received
2. The funding agreement between
Council and Ageing, Disability and Home Care NSW Department of Human Services
be signed enabling the sum of $46,070 to be utilised for the refurbishment of
the Regentville Hall kitchen.
3. Correspondence be forwarded to
the Minister for Ageing, Disability Services, Volunteering and Youth thanking
the NSW Government for the grant to complete the project as outlined in this
report.
|
|
10 St Marys Spring Festival
|
|
44 RESOLVED on the MOTION of
Councillor Jackie Greenow seconded Councillor Ross Fowler OAM
That:
1. The
report on the St Marys Spring Festival be received.
2. Option
2 (the St Marys Development Committee engage an external event manager to
organise the festival) be pursued with the additional $10,000 funding required
to come from $3,000 voted works for North and South Wards, and $4,000 from
East Ward.
3. At the
conclusion of the 2011 St Marys Spring Festival a comprehensive review be
undertaken to determine a long term solution to delivering the Spring Festival
into the future.
4. A
contribution of $1,377 be voted from each ward from voted works (total
$4,131) to cover the net deficit for the 2010 St Marys Spring Festival.
|
A Green City
|
11 Support for Earth Hour
2011
|
|
45 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Tanya Davies
That:
1. The information contained in
the report on Support for Earth Hour 2011 be received
2. Council participate in Earth
Hour 2011 and promote the event to the community.
|
A Liveable City
|
12 Great River Walk Stages 7
and 7a grants
|
|
46 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Kath Presdee
That:
1. The information contained in
the report on Great River Walk Stages 7 and 7a grants be received.
2. Council endorse the acceptance
of funding for Great River Walk Stage 7 – West Bank Construction Phase 2
offered under the Metropolitan Greenspace Program 2010.
3. Council send letters of thanks
to the Minister for Planning and the Local Member, and to the Great River
Walk Inc and Hawkesbury City Council for their support.
4. Council endorse the lodgement
of the application for the 2011 Metropolitan Greenspace Program grant for the
Great River Walk Stage 7a – West Bank Construction Phase 3 as outlined in
this report.
|
|
13 Community Safety Grant
Funding
|
|
47 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Kath Presdee
That:
1. The information contained in
the report on Community Safety Grant Funding be received.
2. Council accept the grant
funding from the NSW Department of Justice and Attorney General, CPTED
Graffiti Hotspot Program, in the amount of $103,833.
3. Council accept the grant
funding under the Federal Government’s, Safer Suburbs Program, in the amount
of $200,000.
4. Council write to the NSW
Attorney General expressing appreciation of the funding offer.
5. Council write to the Federal
Minister for Home Affairs/Minister for Justice expressing appreciation of the
funding offer.
|
A Vibrant City
|
14 Fire Safety Report
|
|
48 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Mark Davies
That:
1. The information contained in
the report on Fire Safety Report be received
2. Council continue to monitor
the four premises as part of its Fire Safety Audit Program with a view to
ensure essential fire safety measures are being maintained in the buildings
3. Council advise the Brigade of
its decision
|
REQUESTS FOR REPORTS AND MEMORANDUMS
|
RR 1 50/50 Development
|
|
Councillor
John Thain requested a report to Council on the status of what the proposed
50/50 development would mean to the current LEP and will it need to be
revised, and if so the cost in doing so. Also, what will this mean to the
City Centre and Rural Lands.
|
|
RR 2 Economic Benefits
of Sporting Events - Penrith Whitewater
Stadium & Regatta Centre
|
|
Councillor
Kath Presdee requested a report to a future Policy Review Committee meeting,
on the economic benefits of international, national and state level sporting
events at the Penrith Whitewater Stadium and Regatta Centre.
|
|
RR 3 Public Space -
Surveyors Creek, Glenmore Park
|
|
Councillor
Prue Guillaume requested a memo reply on the space near Surveyors Creek,
Glenmore Park which adjoins Aberdeen Circuit and expedite plans for it’s
urgent clean up.
|
|
RR 4 50/50 Urban
Development
|
|
Councillor
Prue Guillaume requested a report to Council, detailing how many Greenfield
sites will need to be considered for housing to accommodate the NSW Coalition’s
plan for 50/50 Urban development should they be elected.
|
|
RR
5 St Marys Town Centre
|
|
Councillor
Greg Davies requested an urgent report on the processes to be put in place to
replace the St Marys Town Centre Manager following the retirement of the
current position holder.
|
|
RR
6 Traffic Safety - Bromley Street & Russell Street intersection
- Emu Heights
|
|
Councillor
Mark Davies requested a memo regarding safety issues at the intersection of
Bromley & Russell Street, Emu Heights and the possibility of making the
intersection safer in terms of pulling out on to Russell Street.
|
URGENT BUSINESS
|
UB 1 Christchurch
Earthquake Appeal
|
|
Councillor
Marko Malkoc requested that an amount of $1,000 be taken from each ward’s
voted works and donated to the New Zealand 2011 Red Cross Earthquake Appeal.
|
Committee
of the Whole
|
49 RESOLVED on the MOTION of
Councillor Jackie Greenow seconded Councillor Marko Malkoc that the
meeting adjourn to the Committee of the Whole to deal with the following
matters, the time being 8:56pm.
|
|
|
Councillors Ross Fowler OAM and Tanya Davies left the
meeting, the time being 8:57pm.
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:
A
Leading City
2 Commercial Matter - Property
Great Western Highway, St Marys
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 Council Property - Lease
of Shop 5, Cranebrook Village Shopping Centre to existing Tenants, Stuart &
Tammie Plevey
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 8:59pm and the General Manager reported that the Committee of the
Whole met at 8:57pm on Monday 28 February 2011, the following being present
Deputy Mayor Councillor Jim Aitken OAM, Councillors Kevin
Crameri OAM, Kaylene Allison, 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
|
2 Commercial Matter -
Property Great Western Highway, St Marys
|
|
50 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Ben Goldfinch
CW2
That:
1. The information contained in
the report on Commercial Matter - Property Great Western Highway, St Marys
be received
2. Council purchase the subject
property in accordance with Conditions 1-6 as outlined in the summary of the
report
3. The Common Seal of the Council
of the City of Penrith be placed on all necessary documentation
|
|
3 Council Property - Lease
of Shop 5, Cranebrook Village Shopping Centre to existing Tenants, Stuart
& Tammie Plevey
|
|
51 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Greg Davies
CW3
That:
1. The information contained in
the report on Council Property - Lease of Shop 5, Cranebrook Village Shopping
Centre to existing Tenants, Stuart & Tammie Plevey be received
2. Council grant a five (5) year
lease with a five (5) year option to the existing tenant 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 documentation.
|
Councillors Ross Fowler OAM and Tanya Davies returned to the
meeting, the time being 8:59pm.
ADOPTION OF Committee of the Whole
|
52 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Marko Malkoc that the
recommendations contained in the Committee of the Whole and shown as CW1, CW2
and CW3 be adopted.
|
|
|
There being no further business the Chairperson declared the
meeting closed the time being 9:00pm.
I certify that these 12
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 28 February 2011.
____________________ ______________
Chairperson Date