5 July 2017

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an EXTRAORDINARY COUNCIL MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 10 July 2017 at at the conclusion of the Policy Review Committee meeting.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours faithfully

Alan Stoneham

General Manager

BUSINESS

1.           LEAVE OF ABSENCE

2.           APOLOGIES

3.           CONFIRMATION OF MINUTES

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

5.           ADDRESSING COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE

EXTRAORDINARY COUNCIL MEETING

Monday 10 July 2017

table of contents

ADVANCE AUSTRALIA FAIR

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

PRAYER

COUNCIL CHAMBER seating arrangements

meeting calendar

confirmation of minutes

PROCEDURE FOR ADDRESSING COUNCIL MEETING

MAYORAL MINUTES

report and recommendations of committees

DELIVERY program reports

ADVANCE AUSTRALIA FAIR

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

In joyful strains then let us sing,

Advance Australia Fair.

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

In joyful strains then let us sing,

Advance Australia Fair.

Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

PRAYER

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

Council Chambers

Seating Arrangements

For members of the public addressing the meeting

Lectern

Executive Managers

Clr Marcus Cornish

North Ward

Clr Bernard Bratusa

East Ward

Clr Tricia Hitchen

East Ward

Clr Joshua Hoole

South Ward

Clr Mark Davies

South Ward

Clr Jim Aitken OAM

North Ward

Clr Ross Fowler OAM

South Ward

Clr Kevin Crameri OAM

North Ward

Clr Karen McKeown

South Ward

Clr Aaron Duke

North Ward

Clr Todd Carney

East Ward

Clr Greg Davies

East Ward

Clr Ben Price

East Ward

Clr Kath Presdee

South Ward

Executive Managers

Oath of Office

I swear that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Affirmation of Office

I solemnly and sincerely declare and affirm that I will undertake the duties of the office of Councillor in the best interests of the people of Penrith and the Penrith City Council and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Taken at the Ordinary Meeting of Council on 26 September 2016, Minute Number 272

Local Government Act 1993, Section 233A

2017 MEETING CALENDAR

January 2017 - December 2017

(Adopted by Council - 28 November 2016 and Amended April 2017)

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Ordinary Council Meeting

7.30pm

6

1v

4

18 (7.00pm)

27@

27

10

22#

26*

24

28@

25^ü (7.00pm)

23∞

27#+

Policy Review Committee

7.00pm

13

13

8

10

14

11

9

11

13

v	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor/Deputy Mayor
ü	Meeting at which the 2016-2017 Annual Statements are presented
∞	Meeting at which any comments on the 2016-2017 Annual Statements are presented
+	Meeting at which the Annual Report is presented

- Extraordinary Meetings are held as required.

- Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact Governance Coordinator, Adam Beggs.

PENRITH CITY COUNCIL

Procedure for Addressing Meetings

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

Prior to addressing the meeting the person will be required to sign the following statement:

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

The Chairperson will then call the person up to the lectern or speaking area.

The person addressing the meeting needs to clearly indicate:

· Their name;

· Organisation or group they are representing (if applicable);

· Details of the issue to be addressed and the item number of the report in the Business Paper;

· Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

· The interest of the speaker (e.g. affected person, neighbour, applicant,       applicants spokesperson, interested citizen etc).

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

When this occurs, they should then return to their seat.

Glenn McCarthy

Public Officer

02 4732 7649  

Committee of the Whole

DELIVERY PROGRAM REPORTS

CONTENTS

Pecuniary Interests

Other Interests

Monday July 10 2017

Item                                                                                                                                       Page

1        Presence of the Public                                                                                                       1

2        Union Road Request for Proposal (RFP)                                                                          2

Ordinary Meeting                                                                                                    10 July 2017

A Leading City

1        Presence of the Public

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

(a) the discussion of any of the matters listed below; or

(b) the receipt or discussion of any of the information so listed.

The matters and information are the following:

(a) personnel matters concerning particular individuals;

(b) the personal hardship of any resident or ratepayers;

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d) commercial information of a confidential nature that would, if disclosed:

· prejudice the commercial position of the person who supplied it; or

· confer a commercial advantage on a competitor of the Council; or

· reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of the law;

(f) matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a) the relevant provision of section 10A(2);

(b) the matter that is to be discussed during the closed part of the meeting;

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

· a motion, based on the recommendation below, is moved and seconded

· the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

· if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

· if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

RECOMMENDATION

That:

Outcome 1

2        Union Road Request for Proposal (RFP)

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.