OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 22 MAY 2017 AT 7:30PM
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 Governance Coordinator, Adam Beggs.
PRESENT
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, Karen McKeown, Kath Presdee and Ben Price.
LEAVE OF ABSENCE
Leave of Absence was previously requested by Councillor Mark Davies for the 22 May 2017.
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98 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the leave of absence be granted to Councillor Mark Davies for his non-attendance at the meeting. |
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99 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Aaron Duke that the minutes of the Ordinary Meeting of 1 May 2017 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest - Less than Significant in Item 1 – Development Application DA16/1359 Construction of a Church Hall Including an Indoor Recreation Area, Provision for Religious Classes, Clergy Accommodation and Associated Car Parking and Landscaping Works Lot 5 DP 231946 (No. 363) Ninth Avenue, Llandilo Applicant: Paul Lemm Planning Consultant; Owner: ~Coptic Orthodox Church (NSW) Property Trust as he lives nearby the development and stated he would not vote on the matter.
Notices of Motion
Reports of Committees
DELIVERY PROGRAM REPORTS
Outcome 2 - We plan for our future growth
Outcome 3 - We can get around the City
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2 Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option |
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107 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Greg Davies That: 1. The information contained in the report on Mulgoa Road/Castlereagh Road Corridor Upgrade - Preferred Option be received. 2. Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to the Roads and Maritime Services by 25 May 2017. 3. Council write to the Local and Federal Members seeking support for the Mulgoa Road/Castlereagh Road Corridor Upgrade and highlighting the important elements of Council’s submission. |
Outcome 4 - We have safe, vibrant places
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108 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Vegetation Management to reduce Fire Risk be received. 2. That Council Officers undertake further discussions with the NSW Rural Fire Service to develop a strategy for the entire local government area, including Londonderry, Llandilo and Mulgoa. |
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Councillor Karen McKeown requested this matter be referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, on balance, contrary to the public interest. |
Outcome 5 - We care about our environment
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109 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that the information contained in the report on Successful Green Army Projects be received. |
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110 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Little Creek Catchment Overland Flow Flood Study be received. 2. The Little Creek Catchment Overland Flow Flood Study November 2016 be adopted. 3. The Little Creek Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website. 4. Council update s149 (2) flood planning notations by including properties identified by the Little Creek Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard). 5. Council write to those who made a submission advising of Council’s resolution. |
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6 Appointment of Community and Professional Members to the Resilience Committee |
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111 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Appointment of Community and Professional Members to the Resilience Committee be received. 2. The following persons be appointed as community members of Council’s Resilience Committee for the two-year term 2017-2019: · Mr Nevin Sweeney · Ms Carina Fernandes · Ms Helen Ryan · Ms Michelle Tormey
3. A letter be forwarded to all community applicants to thank them for submitting an Expression of Interest for appointment to the Resilience Committee. 4. The following persons be appointed as professional members of the Council’s Resilience Committee for the two-year term 2017-19: · Ms Suzanne Dunford · Associate Professor Bradley Forssman · Dr Teresa Swist · Mr Jeremy Spinak |
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7 College, Orth and Werrington Creeks Catchment Overland Flow Flood Study Councillor Aaron Duke left the meeting, the time being 8:25pm. Councillor Aaron Duke returned the meeting, the time being 8:27pm. |
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112 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on College, Orth and Werrington Creeks Catchment Overland Flow Flood Study be received. 2. The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be adopted. 3. The College, Orth and Werrington Creeks Catchment Overland Flow Flood Study November 2016 be made available to the public through Council’s website. 4. Council update s149 (2) flood planning notations by including properties identified by the College, Orth and Werrington Creeks Catchment Overland Flow Flood Study 2016 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard). 5. Council write to those who made a submission advising of Council’s resolution. |
Outcome 7 - We have confidence in our Council
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9 Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18 |
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113 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kath Presdee That: 1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2017-18 be received. 2. The fees payable to the Mayor and Councillors for 2017-18 be set at the maximum level permitted. |
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11 Organisational Performance and Financial Review - March 2017 |
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114 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kath Presdee That: 1. The information contained in the report on Organisational Performance and Financial Review - March 2017 be received. 2. The Organisational Performance and Financial Review - March 2017 as at 31 March 2017, including the revised estimates outlined in this report and detailed in the Organisational Performance and Financial Review – March 2017 be adopted. |
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12 Summary of investments & Banking for the period 1 April to 30 April 2017 |
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115 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Kath Presdee That: 1. The information contained in the report on Summary of investments & Banking for the period 1 April to 30 April 2017 be received 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2017 to 30 April 2017 be noted and accepted. 3. The graphical investment analysis as at 30 April 2017 be noted. |
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10 Update on NSW Government Fire and Emergency Services Levy |
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116 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Update on NSW Government Fire and Emergency Services Levy be received. 2. In support of local ratepayers, Council write to the State Government and Local members expressing Council’s disappointment in the handling of the Fire and Emergency Services Levy and specifically the refusal to reduce the levy paid by Local Government despite the State Government reducing its own contribution by 50%, effectively double dipping on Penrith residents. 3. Council write further to the State Government requesting a review of the decision with respect to the Local Government levy and ask that they levy be brought into line with the same 50% reduction of the State Government. |
REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Karen McKeown requested a leave of absence from 3 June 2017 to 18 June 2017 inclusive. |
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117 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded 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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118 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Aaron Duke that Leave of Absence be granted to Councillor Karen McKeown from 3 June 2017 to 18 June 2017 inclusive. |
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Councillor Karen McKeown requested that Council write to the Minister for Heritage, Gabrielle Upton and Local Member, Prue Car MP to have Hadley Park and Castlereagh Cemetery listed on the State Heritage Register. Councillor McKeown also requested this item be referred to Councils Heritage Committee for discussion and any further action deemed necessary be undertaken. |
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Councillor Kath Presdee requested that Council write to the PPVA to congratulate the Penrith Regional Gallery and Lewers Bequest on winning the Museums and Galleries National Award for Temporary or Travelling Exhibitions for the Gravity (and Wonder). Council acknowledges that the exhibition was in partnership with the Museum of Applied Arts and with additional collaboration with Western Sydney University. Council supports and encourages such partnerships, and recognises both the cultural and economic benefits of such partnerships to both the area and its residents. |
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119 RESOLVED on the MOTION of Councillor Kath Presdee 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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120 RESOLVED on the MOTION Councillor Kath Presdee seconded Councillor Aaron Duke that Council write to the PPVA to congratulate the Penrith Regional Gallery and Lewers Bequest on winning the Museums and Galleries National Award for Temporary or Travelling Exhibitions for the Gravity (and Wonder). Council acknowledges that the exhibition was in partnership with the Museum of Applied Arts and with additional collaboration with Western Sydney University. Council supports and encourages such partnerships, and recognises both the cultural and economic benefits of such partnerships to both the area and its residents. |
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Councillor Kevin Crameri OAM requested that Council contact RMS to check the timing of the lights at Borrowdale and Northern Road intersection. |
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Councillor Tricia Hitchen requested a briefing in regards to parking at Oxley Park, specifically in relation to implementing a residential parking system. |
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Councillor Greg Davies requested that an amount of $500 from each wards voted works be added to the Great Walk Fundraising. |
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121 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler 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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122 RESOLVED on the MOTION Councillor Greg Davies seconded Councillor Ross Fowler OAM that an amount of $500 from each wards voted works be added to the Great Walk Fundraising. |
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Councillor Marcus Cornish requested that the Development Application DA17/0141 for Fit-Out and Use of Existing Buildings for Independent Primary and Secondary School at 57 Henry Street, Penrith be determined under delegated authority after completion of the public exhibition period if the recommendation made is for refusal of the development application. If the recommendation is made for accepting the application, it be reported to the next Ordinary meeting and a public meeting is not required if the development application is refused under delegated authority. |
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123 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies 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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124 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies that the Development Application DA17/0141 for Fit-Out and Use of Existing Buildings for Independent Primary and Secondary School at 57 Henry Street, Penrith be determined under delegated authority after completion of the public exhibition period if the recommendation made is for refusal of the development application. If the recommendation is made for accepting the application, it be reported to the next Ordinary meeting and a public meeting is not required if the development application is refused under delegated authority. |
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Councillor Marcus Cornish requested that Councillors be briefed on the LEP and DCP for Penrith and St Marys Town Centres with a view to exclude all places of worship and all secondary schools from both DCP’s and LEP’s. |
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Councillor Bernard Bratusa requested that Councillors discuss the possibility of a Council meeting being held at St Marys and a report is prepared for a Councillor Briefing. |
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His Worship the Mayor, Councillor John Thain requested that Council write to Mr Artie & Mrs Jean Willmington thanking them on their fundraising efforts at Luddenham Markets for Cancer Council NSW and invite them to an afternoon tea as an appreciation. |
Councillors Jim Aitken OAM and Marcus Cornish left the meeting, and did not return the time being 9:16pm.
125 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:14pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Karen McKeown that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 7
2 Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483)
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 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 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.
4 Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals
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.
5 Tender Reference 16/17-14, Triangle Park Upgrade
This matter has been referred to Committee of the Whole as it refers to commercial information of a confidential nature that would, on balance, contrary to the public interest.
The meeting resumed at 9:18pm and the General Manager reported that the Committee of the Whole met at 9:14pm on 22 May 2017, the following being present
His Worship the Mayor, Councillor John Thain, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Kevin Crameri OAM, Greg Davies, Aaron Duke, Ross Fowler OAM, Joshua Hoole, 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 Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483) |
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RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa CW2 That: 1. The information contained in the report on Creation of Drainage Easement over Council Land at 146-150 Derby Street Penrith (Lot 2 DP505483) be received. 2. Council grant a Drainage Easement over Lot 2 DP 506881 in accordance with 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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RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa 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 Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals |
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RECOMMEDED on the MOTION Councillor Greg Davies seconded Councillor Bernard Bratusa CW4 That: 1. The information contained in the report on Penrith Ambulance Superstation - Compulsory Acquisition and Construction Lease by Roads and Maritime Services for the purpose of traffic signals be received 2. Council provide concurrence for the compulsory acquisition as per the terms and conditions listed in the report and subject to the rights of appeal under the Land Acquisition (Just terms Compensation) Act 1991. 3. Council approve the lease to Roads and Maritime Services in accordance with the terms and conditions of the report. 4. Council provide consent to extinguish the existing right of carriageway known as DP1198434. 5. The common seal of the Council of the City of Penrith be placed on all necessary documentation. |
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5 Tender Reference 16/17-14, Triangle Park Upgrade |
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RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen CW5 That: 1. The information contained in the verbal report on Tender Reference 16/17-14, Triangle Park Upgrade be received. 2. The item be considered in open council. |
ADOPTION OF Committee of the Whole
126 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.
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4 Tender Reference 16/17-14, Triangle Park Upgrade |
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127 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Tender Reference 16/17-14, Triangle Park Upgrade be received. 2. Community Assets & Infrastructure be awarded the Contract for the Construction of Triangle Park Upgrade, for an amount of $2,846,612 excluding GST. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary. |
There being no further business the Chairperson declared the meeting closed the time being 9:25pm.
I certify that these 14 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 22 May 2017.
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Chairperson Date