27 November 2009 Dear Councillor, In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 30 November 2009 at 7:30PM. 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 Ordinary Meeting - 9 November 2009. 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 THE MEETING 6. MAYORAL MINUTES 7. NOTICES OF MOTION 8. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES Policy Review Committee Meeting - 16 November 2009. 9. DELIVERY PROGRAM REPORTS 10. URGENT REPORTS (to be dealt with in the delivery program to which the item relates) 11. QUESTIONS WITHOUT NOTICE 12. COMMITTEE OF THE WHOLE Enquiries regarding this Business Paper should be directed to the Acting Executive Officer, Mr Glenn Schuil on (02) 4732 7856 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. ORDINARY MEETING MONDAY 30 NOVEMBER 2009 TABLE OF CONTENTS SEATING ARRANGEMENTS MEETING CALENDAR CONFIRMATION OF MINUTES REPORT AND RECOMMENDATIONS OF COMMITTEES DELIVERY PROGRAM REPORTS 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.” For members of the Council Chambers public addressing the meeting Seating Arrangements Group Managers Lectern Clr Marko Malkoc East Ward Media Clr Tanya Davies Director East Ward Craig Butler Clr Ben Goldfinch North Ward Director Barry Husking Clr Mark Davies South Ward Clr Robert Ardill General South Ward Manager Alan Stoneham Clr Ross Fowler OAM Deputy Mayor His Worship North Ward the Mayor Councillor Clr Jim Aitken OAM Kevin Crameri South Ward OAM North Ward Clr Jackie Greenow Public Gallery East Ward Acting Clr John Thain Executive North Ward Officer Glenn Schuil Clr Greg Davies East Ward Clr Kath Presdee Minute Clerk North Ward Clr Karen McKeown South Ward Clr Prue Guillaume South Ward Clr Kaylene Allison East Ward Group Managers Managers 2009 MEETING CALENDAR February 2009 - December 2009 (adopted by Council 8/09/08 and amended by Council 6/4/09) FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC TIME Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon Mon 2 6 4 20 3 7 12 9 14 Ordinary Council Meetings 7.30 pm 23 23 25 29* 24 28^ 30 9 15 13 14@ 19 7 Policy Review Committee 7.30 pm 16#+ 30@ 27 18# 27 17 21 16# # MEETINGS AT WHICH THE MANAGEMENT PLAN 1/4LY REVIEWS ARE ^ ELECTION OF MAYOR/DEPUTY MAYOR (MEETING TO COMMENCE AT 7:00 PRESENTED PM) < BRIEFING TO CONSIDER DRAFT MANAGEMENT PLAN FOR 2009/2010 @ STRATEGIC PROGRAM PROGRESS REPORTS [ONLY BUSINESS] MEETING AT WHICH THE DRAFT MANAGEMENT PLAN IS ADOPTED FOR MEETING AT WHICH THE 2008/2009 ANNUAL STATEMENTS ARE EXHIBITION PRESENTED * MEETING AT WHICH THE MANAGEMENT PLAN FOR 2009/2010 IS ADOPTED. MANAGEMENT PLAN COUNCILLOR BRIEFINGS/PUBLIC FORUM (JUNE) - Council’s Ordinary Meetings are held on a three-week cycle where practicable. - Extraordinary Meetings are held as required. - Policy Review Meetings are held on a three-week cycle where practicable. - 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 the Public Officer, Glenn McCarthy on 4732 7649. UNCONFIRMED MINUTES OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE COUNCIL CHAMBERS ON MONDAY 9 NOVEMBER 2009 AT 7:40PM NATIONAL ANTHEM The meeting opened with the National Anthem. STATEMENT OF RECOGNITION His Worship the Mayor, Councillor Kevin Crameri 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 His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, 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 There were no apologies. CONFIRMATION OF MINUTES - Ordinary Meeting - 12 October 2009 354 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 12 October 2009 be confirmed. DECLARATIONS OF INTEREST His Worship the Mayor Councillor Kevin Crameri OAM declared: a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 - Chapters 1, 2 and 3 as he owns property in an area covered by the report. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part during discussion on the item. a Non-Pecuniary Conflict of Interest – Significant in relation to recommendation number 10 of Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition in regard to the Llandilo fruit and vegetable store, as the operators of the shop are an acquaintance of his and any development of the shop could increase the value of his land. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part in the debate and discussion on the item. This is Page No 1 of the Unconfirmed Minutes of the Ordinary Meeting of Penrith City Council held in the Council Chambers on Monday 9 November 2009 Ordinary Meeting Monday 9 November 2009 Councillor Jim Aitken OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as he owns property in an area covered by the reports. Councillor Jim Aitken OAM also declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 17- Council Property – Cranebrook Village Shopping Centre and CW 6 - Commercial Matter - Council property Cranebrook Village Shopping Centre as he is a Director of a company that leases a shop within the shopping centre. Councillor Jackie Greenow declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition – Chapter 5 and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition as she owns property in an area covered by the reports. Councillor Ross Fowler OAM declared a Pecuniary Interest in Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009 – Item 1 – Amendments to draft Penrith Local Environmental Plan 2008 in response to public exhibition and Item 2 - Amendments to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 Environmental Heritage Conservation in response to public exhibition Chapters 1, 2, 3, 4 & 5 as he is a property owner or a shareholder in a property; a director or secretary of companies that are property owners; or an auditor or accountant for clients who are property owners in the areas under consideration. Councillor Ross Fowler OAM also declared a Pecuniary Interest in Item 16 - Sponsorship Request for Australian Foundation for Disability Funathon as he is a Director of the Australian Foundation for Disability.