OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 27 MARCH 2017 AT 7:38PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor John Thain 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 John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price.
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55 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen that apologies be accepted for Councillors Bernard Bratusa and Joshua Hoole. |
DECLARATIONS OF INTEREST
Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Significant in Item 8 - Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs as she is on the executive of one of the clubs that have applied for use of one of the ovals the subject of this report, and stated that she would vacate the meeting during consideration of this Item.
Councillor Ben Price declared a Non-Pecuniary Conflict of Interest – Not Significant in Item 1 - Event Sponsorship Proposal from Golf NSW - NSW Open Golf Championships 2017-2019 as he is a resident of the Twin Creeks area, which is the location of the golf course the subject of this report.
Outcome 1 - We can work close to home
Outcome 2 - We plan for our future growth
Outcome 3 - We can get around the City
Outcome 4 - We have safe, vibrant places
Outcome 6 - We're healthy and share strong community spirit
Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 8 -Allocation of Sportsgrounds - Village and Northern Road Ovals, Jordan Springs, Councillor Kath Presdee left the meeting, the time being 8:49pm.
Councillor Kath Presdee returned to the meeting, the time being 8:50pm.
Outcome 7 - We have confidence in our Council
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9 Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at known as 1042 The Northern Road Llandilo (known as Lot 10 DP 802822) |
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70 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies That: 1. The information contained in the report on Licence Agreement - Penrith City Council to Roads and Maritime Services (RMS) - Occupation of Council owned land at known as 1042 The Northern Road Llandilo (known as Lot 10 DP 802822) be received 2. Council grant a twelve-month Licence Agreement to RMS as set out in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. 4. A report be presented to the next Ordinary Meeting of Council providing the following information: · clarifying if hazardous material has in fact been found on the site; · time constraints upon RMS for any necessary remediation works to be completed before the site can be used as a roadworks compound; and · what the final use of the compound site will be when the roadworks have been completed and if the site can then be used by the Rural Fire Service.
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71 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Todd Carney that the information contained in the report on Local Traffic Committee be received. |
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11 2017 Australian Local Government Women's Association NSW Annual State Conference |
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72 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke That: 1. The information contained in the report on 2017 Australian Local Government Women's Association NSW Annual State Conference be received 2. Council’s delegates to attend ALGWA’s NSW Annual State Conference, to be held in Penrith from Thursday 4 May to Saturday 6 May 2017, be Councillors Tricia Hitchen, Karen McKeown, Kath Presdee, John Thain and any other interested and available Councillors. |
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73 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke that the information contained in the report on Audit Committee be received. |
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13 Conduct of the 2016 Local Government Election Councillor Todd Carney left the meeting, the time being 9:07pm. Councillor Todd Carney returned to the meeting, the time being 9:08pm. |
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74 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies That: 1. The information contained in the report on Conduct of the 2016 Local Government Election be received 2. Council write to the Minister for Local Government providing the Council’s report as required and attached to this report in accordance with Section 393A(2) of the Local Government (General) Regulation. 3. Council congratulate the Returning Officer and staff of the Australian Election Company for the exemplary way they conducted the 2016 Local Government Election. 4. Council officers investigate practices to increase awareness of Local Government elections. |
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14 2017 Australian Local Government Association (ALGA) National General Assembly |
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75 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen That: 1. The information contained in the report on 2017 Australian Local Government Association (ALGA) National General Assembly be received 2. His Worship the Mayor, Councillor John Thain be Council’s voting delegate for the 2017 National General Assembly of Local Government. 3. Deputy Mayor, Councillor Tricia Hitchen and Councillors Ross Fowler OAM, Jim Aitken OAM and Marcus Cornish, as well as any other interested and available Councillors, attend as observers at the 2017 National General Assembly of Local Government. 4. Leave of Absence be granted to all Councillors attending the 2017 National General Assembly of Local Government to be held in Canberra from 18-21 June 2017. 5. A further report be prepared to the next Ordinary Council meeting outlining draft motions (if received) to submit to the National General Assembly. |
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15 Summary of Investments & Banking for the period 1 February to 28 February 2017 |
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76 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Aaron Duke That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 February to 28 February 2017 be received 2. The certificate of the Responsible Accounting Officer and Summaries of Investment and Performance for the period 1 February 2017 to 28 February 2017 be noted and accepted. 3. The graphical investment analysis as at 28 February 2017 be noted. |
Councillor Mark Davies left the meeting at 9:14pm and did not return.
REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS
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Councillor Kevin Crameri OAM requested that RMS be approached to address the issue of the gates at The Ponderosa being reopened so that it may be used as a truck layby and that a layby be provided on The Northern Road when road widening works are being carried out. |
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Councillor Kevin Crameri OAM requested that a report be presented to Council after a review of Council’s Tree Policy with regard to the possibility of large stand alone trees in the Penrith Local Government Area being removed as they are a hazard to power lines and houses when they fall. |
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Councillor Kevin Crameri OAM requested a memo reply providing details of what hours of work are currently in operation at the Penrith Lakes Scheme and also identifying the Directors of Penrith Lakes Development Corporation, as well as contractors working at the site. |
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Councillor Kevin Crameri OAM requested a memo reply concerning the issue of inadequate road drainage in the vicinity of Xavier College in Ninth Avenue, Llandilo. |
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Councillor Todd Carney requested that Council write to The Hon Penny Sharpe MLC, Shadow Minister for the Environment and Heritage, in support of her call for a parliamentary inquiry into waste-to-energy incinerator facilities in New South Wales.
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77 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke that the matter be brought forward and dealt with as a matter of urgency.
His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.
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78 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Aaron Duke that Council write to The Hon Penny Sharpe MLC, Shadow Minister for the Environment and Heritage, in support of her call for a parliamentary inquiry into waste-to-energy incinerator facilities in New South Wales. |
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Councillor Todd Carney requested a report to Council addressing the lack of parking in St Marys, in particular the lack of sufficient commuter car parking in the vicinity of the railway station, as well as the area behind Queen Street, with the report to focus on short term solutions. Councillor Todd Carney also requested that a letter be written to the Minister for Transport requesting improvement to the commuter parking facility by the provision of new spaces. |
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Councillor Tricia Hitchen requested that $600 from each Ward’s voted works be allocated to the purchase and installation of a new dishwasher for the Penrith Community Kitchen. |
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79 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Jim Aitken OAM that the matter be brought forward and dealt with as a matter of urgency.
His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.
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80 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Jim Aitken OAM that $600 from each Ward’s voted works be allocated to the purchase and installation of a new dishwasher for the Penrith Community Kitchen. |
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Councillor Marcus Cornish requested that Council write to the Federal Members for Lindsay and Chifley and to the Prime Minister’s Office, requesting a more suitable memorial, for example bronze statues of soldiers on horseback, be placed at the Lighthorse Interchange on the M4 Motorway at each approach to the Interchange.
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81 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the matter be brought forward and dealt with as a matter of urgency.
His Worship the Mayor, Councillor John Thain, ruled that the matter was urgent and should be dealt with at the meeting.
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82 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that Council write to the Federal Members for Lindsay and Chifley and to the Prime Minister’s Office, requesting a more suitable memorial, for example bronze statues of soldiers on horseback, be placed at the Lighthorse Interchange on the M4 Motorway at each approach to the Interchange. |
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RR 6 Development Application for School - Henry Street, Penrith |
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Councillor Marcus Cornish requested that a public meeting be held to inform local residents about the development application for a school at Henry Street, Penrith at a time and place that is suitable for local residents to attend. |
Councillor Marcus Cornish left the meeting at 9:39pm and did not return.
Councillor Tricia Hitchen left the meeting, the time being 9:39pm.
Councillor Tricia Hitchen returned to the meeting, the time being 9:39pm.
83 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Aaron Duke that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:39pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Ben Price that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 7
2 Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road
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.
Outcome 1
4 Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith
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.
Outcome 7
5 Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith
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.
6 Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park
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.
7 Code of Conduct Matter – Distribution of Confidential Information
This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 9:58pm and the General Manager reported that the Committee of the Whole met at 9:39pm on 27 March 2017, the following being present
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Todd Carney, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Karen McKeown, Kath Presdee and Ben Price.
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 Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392 |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Licence Agreements - Depagi Pty Ltd and Bennett Cruising Pty Ltd - Council owned land known as Part Lot 1 DP 566392 be received. 2. Council grant two separate five (5) year Licence Agreements to Depagi Pty Ltd and Bennett Cruising as per the terms and conditions listed in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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3 Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Compulsory Acquisition of Land by Roads and Maritime Services for Stage 3 Upgrade Works to the Northern Road be received. 2. Council provide concurrence for the compulsory acquisition, subject to the rights of appeal under the Land Acquisition (Just Terms Compensation) Act 1991. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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4 Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW4 That: 1. The information contained in the report on Lease Agreement to Starpec Pty Ltd trading as Wiseberry Penrith - Allen Arcade Shops 4, 5 and 6/140-142 Henry Street, Penrith be received 2. Council approve the proposed new lease agreement as detailed in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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5 Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW5 That: 1. The information contained in the report on Licence Agreement to Penrith City Council's Community and Cultural Development Department - Allen Arcade Shop 2/140-142 Henry Street, Penrith be received 2. Council approve the proposed new licence agreement as detailed in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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6 Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park |
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW6 That: 1. The information contained in the report on Lease Agreement to Kevin and Tai Fitness Pty Ltd trading as F45 Training - 3-4 Floribunda Avenue, Glenmore Park be received 2. Council approve the proposed new lease agreement as detailed in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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7 Code of Conduct Matter – Distribution of Confidential Information |
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RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Aaron Duke CW7 That the information contained in the report on Code of Conduct Matter – Distribution of Confidential Information be received. |
ADOPTION OF Committee of the Whole
84 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ben Price that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:59pm.
I certify that these 14 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 March 2017.
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Chairperson Date