CONFIRMED MINUTES

 OF THE POLICY REVIEW COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON MONDAY 14 JULY 2014 AT 7:04PM

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Jim Aitken OAM and Councillors Bernard Bratusa, Prue Car, Marcus Cornish, Greg Davies, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown and John Thain.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Kevin Crameri OAM for the period 10 June 2014 to 25 July 2014 inclusive.

APOLOGIES

PRC 31  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Maurice Girotto that an apology be received for Councillor Michelle Tormey.

 

DECLARATIONS OF INTEREST

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 -  Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains as she owns a business across the road from the property subject of the report.

  

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains                                    

Executive Officer Glenn McCarthy introduced the report and invited Dr Ian Joliffe, Independent Reviewer from GHD to give a presentation.

Ken Kanjian, Solicitor for the applicants then addressed Council on the Item.

A MOTION was MOVED by Councillor Greg Davies seconded Councillor John Thain

That:

 

1.    Council seek independent legal advice to obtain an interpretation of the potential responsibility of Council in respect to the Section 117 Direction including what is meant by the term “minor significance”.

 

2.     In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council commence the consultation program with State Agencies and the community in accordance with the Gateway Determination.

 

3.     A further report be presented to Council following the public exhibition of the Planning Proposal advising of the outcomes of the community and State Agency consultation and legal advice.

 

 

 

 

An AMENDMENT was MOVED by Councillor Bernard Bratusa seconded Councillor Tricia Hitchen

That:

 

1.    Council seek independent legal advice to obtain an interpretation of the potential responsibility of Council in respect to the Section 117 Direction including what is meant by the term “minor significance”.

 

2.    Should legal advice indicate that the Planning Proposal meets the requirements of “minor significance” the following two recommendations proceed:

 

a)    In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council commence the consultation program with State Agencies and the community in accordance with the Gateway Determination.

 

b)    A further report be presented to Council following the public exhibition of the Planning Proposal advising of the outcomes of the community and State Agency consultation and legal advice.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Ross Fowler OAM

Councillor Karen McKeown

Councillor Bernard Bratusa

Councillor John Thain

Councillor Jackie Greenow OAM

Councillor Jim Aitken OAM

Councillor Tricia Hitchen

Councillor Prue Car

 

Councillor Marcus Cornish

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Maurice Girotto

 

Councillor Ben Goldfinch

 

The AMENDMENT was PUT.

The AMENDMENT was LOST.

 

Councillor Jim Aitken OAM FORESHADOWED a further MOTION that the information contained in the report on Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains be received.

 

The FORESHADOWED MOTION moved by Councillor Jim Aitken OAM seconded Councillor Bernard Bratusa was PUT.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

 

 

 

 

For

Against

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Bernard Bratusa

Councillor John Thain

 

Councillor Ross Fowler OAM

 

Councillor Prue Car

 

Councillor Marcus Cornish

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Maurice Girotto

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow OAM

 

Councillor Tricia Hitchen

 

The FORESHADOWED MOTION was LOST.

 

The MOTION moved by Councillor Greg Davies seconded Councillor John Thain was PUT.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Karen McKeown

Councillor Jim Aitken OAM

Councillor John Thain

Councillor Bernard Bratusa

Councillor Prue Car

Councillor Ross Fowler OAM

Councillor Marcus Cornish

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Maurice Girotto

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow OAM

 

Councillor Tricia Hitchen

 

 

The MOTION was CARRIED on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

PRC 32  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

 

That:

 

1.    Council seek independent legal advice to obtain an interpretation of the potential responsibility of Council in respect to the Section 117 Direction including what is meant by the term “minor significance”.

 

2.     In accordance with the Environmental Planning and Assessment Act, 1979 and Regulations, 2000, Council commence the consultation program with State Agencies and the community in accordance with the Gateway Determination.

 

3.     A further report be presented to Council following the public exhibition of the Planning Proposal advising of the outcomes of the community and State Agency consultation and legal advice.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Karen McKeown

Councillor Jim Aitken OAM

Councillor John Thain

Councillor Bernard Bratusa

Councillor Prue Car

Councillor Ross Fowler OAM

Councillor Marcus Cornish

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Maurice Girotto

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow OAM

 

Councillor Tricia Hitchen

 

 

 

Outcome 5 - We care about our environment

 

3        Regional Waste Strategy

The Waste & Community Protection Manager, Tracy Chalk, introduced the report and invited Amanda Bombaci from WSROC to make a presentation.

Councillors Mark Davies and Jackie Greenow OAM  left the meeting, the time being 9:04pm.

Councillors Prue Car and Jim Aitken OAM left the meeting, the time being 9:04pm and did not return.

Councillors Mark Davies and Jackie Greenow OAM returned to the meeting, the time being 9:06pm.

Councillor John Thain left the meeting, the time being 9:07pm.

Councillor John Thain returned to the meeting, the time being 9:15pm.                                      

PRC 33  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM

That:

1.     The information contained in the report on Regional Waste Strategy be received.

2.     Penrith City Council endorse the Regional Waste Avoidance and Resource Recovery Strategy.

 

Outcome 4 - We have safe, vibrant places

 

2        Penrith City Centre Park Update

PRC 34  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Maurice Girotto that the information contained in the report on Penrith City Centre Park Update be received.

 

 

 

 

Outcome 7 - We have confidence in our Council

 

4        2014 Local Government NSW Annual Conference                                                       

PRC 35  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Maurice Girotto

That:

1.     The information contained in the report on 2014 Local Government NSW Annual Conference be received.

2.     The Issue detailed in the report be submitted for inclusion in the 2014 Local Government NSW Annual Conference Business Paper prior to 1 August 2014.

 

 

5        Community Building Partnership 2014                                                                                                                                                                                                                                   

PRC 36  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies

That:

1.  The information contained in the report on Community Building Partnership 2014 be received.

2.     Council endorse the submission of application for the following four projects to the 2014 Community Building Partnership Program and confirm the source of matching funds, pending the application being successful:

                               Penrith: Interactive Active Zone - Tench Reserve

                               Estimate project cost: $94,000

                               Grant Request: $47,000        

                               Council contribution: $47,000 from the Parks Asset Renewal ($27,000)                   program and the Digital Economy Strategy project ($20,000).

                         
                             Londonderry: Pedestrian Bridge upgrade at Werrington Lake

                               Estimate project cost: $376,000

                               Grant Request:$60,000         

                               Council contribution: $316,000 from the District Open Space section 94                  plan.

                               Mulgoa: Installation of an outdoor health and fitness zone at Myrtle Road               Reserve, Claremont Meadows                       

                               Estimate project cost: $100,000

                               Grant Request: $50,000        

                               Council contribution: $50,000 from the Local Open Space Section 94 plan


                             Smithfield: Playground replacement at Kestral Cres Reserve, Erskine Park

                               Estimate project cost: $75,000

                               Grant Request: $37,500        

      Council contribution: $37,500 from the Parks Asset Renewal Program

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Reserve behind Erskine Park High School                                                          

Councillor Greg Davies requested a memo reply to East Ward Councillors providing an update on the reserve behind Erskine Park High School.

 

RR 2           St Clair High School Fire                                                                                        

Councillor Greg Davies requested a memo reply concerning the temporary school buildings which have been erected on the school sporting fields due to the recent fire at St Clair High School, providing information concerning returning the fields to their former condition once the temporary buildings have been removed.

 

RR 3           Clearing of Land - Werrington                                                                               

Councillor Tricia  Hitchen requested a memo reply providing an update on the clearing of land in the Cumberland Plain Woodland near Werrington shops.

 

 

URGENT BUSINESS

 

UB 1           Leave of Absence Request                                                                                     

Councillor Tricia  Hitchen requested leave of absence for the period 21 July 2014 to 27 July 2014 inclusive.

PRC 37  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Marcus Cornish that the matter be brought forward as a matter of urgency.

 

His Worship the Mayor, Councillor Ross Fowler OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

PRC 38  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that leave of absence be granted to Councillor Tricia Hitchen for the period 21 July 2014 to 27 July 2014 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 9:25pm.

 

I certify that these 6 pages are the Confirmed Minutes of the Policy Review Committee Meeting of Penrith City Council held on 14 July 2014.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date