OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 25 FEBRUARY 2019 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Ross Fowler OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by Rev Neil Checkley.
PRESENT
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.
There were no declarations of interest.
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2 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm. |
Vince Montgomery
Notice of Motion – Boarding Houses/Kingswood Residential Zones
Mr Montgomery advised he has been a long term resident in the Kingswood area. Vince expressed concern that large portions of land had been sold to developers who have already had approved and continue to seek approval for boarding houses, which are not in keeping with the amenity of the area. Vince also raised issues with respect of traffic, the current infrastructure and general road design.
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3 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that an extension of time be granted to permit the speaker to conclude his address, the time being 7:10pm. |
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Vince continued expressing his concern with pedestrian crossings in the area and raised questions with respect to accident and traffic statistics.
Lyndy Rastall
Notice of Motion – Boarding Houses/Kingswood Residential Zones
Lyndy addressed the Council on the number and clustering of boarding houses being built in the Kingswood area. Lyndy outlined her belief that the developments are excessive and are not keeping with the residential amenity. Lyndy requested that Council cap the number of boarding houses in Kingswood. Lyndy also raised concerns around the widths of the streets and parking availability. Lyndy further requested better notification of developments and better transparency measures be implemented with respect to community consultation.
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4 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Todd Carney that an extension of time be granted to permit the speaker to conclude her address, the time being 7:23pm. |
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Lyndy requested Council consider rezoning the area to better meet the community expectations.
Wendy Spinks
Notice of Motion – Boarding Houses/Kingswood Residential Zones
Wendy expressed concerns with the multiple boarding houses and the social issues that come with them. Wendy expressed her view that Kingswood is the ideal family location and is being degraded by the number of boarding house approvals. Wendy asked whether Council had considered the traffic ramifications and the clustering occurring in Kingswood.
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5 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee that Standing Orders be resumed, the time being 7:32pm. |
A minute’s silence was observed by Council at 8:03pm.
Councillor Marcus Cornish left the meeting, the time being 8:23 pm.
Councillor Marcus Cornish returned to the meeting, the time being 8:25pm.
Councillor Aaron Duke left the meeting, the time being 8:25pm.
Councillor Aaron Duke returned to the meeting, the time being 8:27pm.
Councillor John Thain left the meeting, the time being 8:38pm.
Councillor Karen McKeown OAM left the meeting, the time being 8:38pm.
Outcome 2 - We plan for our future growth
Councillor Karen McKeown OAM returned to the meeting, the time being 8:39pm.
Outcome 3 - We can get around the City
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2 Roads and Maritime Services (RMS) 2018/19 Road Funding Grants |
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20 RESOLVED on the MOTION of Councillor Greg Davies That: 1. The information contained in the report on Roads and Maritime Services (RMS) 2018/19 Road Funding Grants be received 2. The RMS 2018/19 Program Funding Block Grant of $1,168,000 be accepted. 3. The Common Seal of the Council of the City of Penrith be affixed to the “Agreement for Block Grant Assistance to Council for Regional Roads 2018/19”. 4. Council write to the NSW State Government formally thanking them for the funding under the RMS 2018/19 Program Funding Block Grant. |
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3 Roads and Maritime Services (RMS) 2018/19 REPAIR Program (Rehabilitation) Road Funding Grant |
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21 RESOLVED on the MOTION of Councillor Greg Davies That: 1.
The information contained in the report on Roads and Maritime
Services (RMS) 2018/19 REPAIR Program (Rehabilitation) Road Funding Grant be
received 2.
Council accept the grant of $300,000, offered under the 2018/19
Roads and Maritime Services REPAIR Program, for the pavement reconstruction
works on Andrews Road at Greygums Road, Cranebrook. 3. Council write to the NSW State Government formally thanking them for the funding under the Roads and Maritime Services (RMS) 2018/19 REPAIR Program (Rehabilitation) Road Funding Grant. |
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4 Federal Roads to Recovery Grant funding for the period 2019/20 to 2023/24 |
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22 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown OAM That: 1. The information contained in the report on Federal Roads to Recovery Grant funding for the period 2019/20 to 2023/24 be received 2. Council accept the allocation of $6,089,098 from the Australian Government under the Roads to Recovery Program 3. Council write to the Federal Government formally thanking them for the funding under the Roads to Recovery Program. |
Councillor Greg Davies left the meeting, the time being 8:41pm.
Councillor John Thain returned to the meeting, the time being 8:41pm.
Outcome 4 - We have safe, vibrant places
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23 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kath Presdee That: 1. The information contained in the report on Penrith Mayoral Challenge Update be received 2. Council endorse the delivery of the 2019-20 Penrith Mayoral Challenge in Brian King, Oxley Park. |
Councillor Kevin Crameri OAM left the meeting, the time being 8:42pm.
Outcome 6 - We are healthy and share strong community spirit
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24 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee That: 1. The information contained in the report on RFT18/19-07 Childcare Cleaning Tender be received. 2. Charmax Property Maintenance Pty Ltd be awarded the contract subject to the execution of a formal agreement for the provision (supply and delivery) of Childcare Cleaning for a period of three (3) years, with an option to extend for a further two (2) x (1) year periods for the tendered price of $431,210.00 p.a., subject to satisfactory performance. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary. |
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25 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee That: 1. The information contained in the report on Multicultural Working Party - Terms of Community Members be received. 2. The term of community members on the Multicultural Working Party be extended to September 2020 to align with the term of the current Council. 3. The Terms of Reference for the Multicultural Working Party be amended so that the term of community members align with the Council election cycle. |
Councillor Kevin Crameri OAM returned to the meeting, the time being 8:47pm.
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26 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish That: 1. The information contained in the report on Sports Facilities - Successful Grant Applications be received. 2. Council accept the Greater Sydney Sports Facility Fund grants awarded, and enter into funding agreements with the NSW Government, for the projects at: - Jamison Park, South Penrith – multi-sport synthetic surface $2,565,300 - Mark Leece Oval, St Clair - new amenity building $1,285,000 - Mulgoa Rise, Glenmore Park – amenity building extension $650,000 3. Council accept the ‘Move It Aus’ - Community Sport Infrastructure Program grants awarded, and enter into funding agreements with the Australian Government, for the projects at: - Hunter Fields, Emu Plains – amenities upgrade $200,000 - Surveyors Creek, Glenmore Park – floodlight upgrades $50,000 - The Kingsway (North), Werrington – floodlight upgrades $500,000 4. Council
prepares letters of thanks to the three State MPs, the
NSW |
Outcome 7 - We have confidence in our Council
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9 Organisational Performance and Financial Review - December 2018 |
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27 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on Organisational Performance and Financial Review - December 2018 be received. 2. The Organisational Performance and Financial Review - December 2018 as at 31 December 2018, including the revised estimates outlined in this report and detailed in the Organisational Report - December 2018 be adopted. |
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28 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on 2018-19 Borrowing Program be received. 2. The current 2018-19 loan budget to offset s7.11 Cultural Facilities deficit balance be reduced from $4,800,000 to $2,700,000. 3. Council borrow the $7,782,752.08 to fund infrastructure assets. 4. The General Manager be granted delegated authority to negotiate the loans in accordance with this resolution. 5. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings. 6. The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts. |
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29 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee that the information contained in the report on Audit, Risk and Improvement Committee be received. |
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11 2019 Australian Local Government Association (ALGA) National General Assembly |
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30 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain That: 1. The information contained in the report on 2019 Australian Local Government Association (ALGA) National General Assembly be received. 2. Council nominate, His Worship the Mayor, Councillor Ross Fowler OAM as the voting delegate for the 2019 National General Assembly of Local Government. 3. Council nominate Councillors John Thain, Marcus Cornish and Greg Davies and any other interested Councillors to attend as observers at the 2019 National General Assembly of Local Government. 4. Leave of Absence be granted to all Councillors attending the 2019 National General Assembly of Local Government to be held in Canberra from 16-19 June 2019. |
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13 Summary of Investments & Banking for the Periods 1 December 2018 to 31 December 2018 and 1 January 2019 to 31 January 2019 |
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31 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on Summary of Investments & Banking for the Periods 1 December 2018 to 31 December 2018 and 1 January 2019 to 31 January 2019 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 December 2018 to 31 December 2018 and 1 January 2019 to 31 January 2019 be noted and accepted. 3. The graphical investment analysis as at 31 December 2018 and 31 January 2019 be noted. |
Councillor Greg Davies returned to the meeting, the time being 8:51pm.
REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS
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Councillor Brian Cartwright requested that Council allocate $250 from both the South and East Ward Voted Works for Orchard Hills Public School to assist with an Honour Roll Centenary Commemorative Ceremony. |
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32 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Mark Davies that the matter be brought forward and dealt with 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. |
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33 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Mark Davies that Council allocate $250 from both the South and East Ward Voted Works for Orchard Hills Public School to assist with an Honour Roll Centenary Commemorative Ceremony. |
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Councillor Brian Cartwright requested Council allocate $2000 from South Ward Voted Works for the Luddenham Show organising committee. |
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34 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Mark Davies that the matter be brought forward and dealt with 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. |
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35 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Mark Davies that Council allocate $2000 from South Ward Voted Works for the Luddenham Show organising committee. |
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RR 1 Shade Structure, Caddens Park - Morello Terrace, Caddens |
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Councillor Mark Davies requested a further follow up to his request for information on shade structures at this park. Information was requested with respect to why the shade structures were not installed originally and any policies council has with respect to installation of shade of structures more generally. |
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Councillor Marcus Cornish requested a memo reply providing the total cost of supplying and installing a shade sail at the new Emu Village Before and After School Care. |
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Councillor Marcus Cornish requested a memo reply providing information on the open gate at Emu Plains Post Office and outlining whether we can secure the gate to prevent vandalism. Additionally, could the matter of erecting a sign advising the public of the Post Office building be referred to the Heritage Advisory Committee. |
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Councillor Marcus Cornish requested a memo to councillors providing information on why the fences are still erected at Steamroller Park, Kingswood. |
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Councillor Marcus Cornish requested a memo reply providing information on the timber sides of the new green footbridge, as the coating on the timber sides has already been lost. Information should include who is responsible for recoating, how much it will cost, and when it would occur. |
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Councillor Tricia Hitchen requested Council staff urgently consider the closure of the laneway between 15 and 16 Sennar Rd, Erskine Park as a resident has advised that colourbond fences have been repaired and damaged multiple times. The closure should be considered in the context of many of the other alleyways in this area already being close. |
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Councillor John Thain requested that the Resilience Committee look into a think tank/summit for heat in our city and that it be considered in consultation with the building industry and the University to canvas ideas on how to cool Penrith. |
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Councillor Kevin Crameri OAM requested a memo reply providing information with respect to whether Eileen Cammack Reserve will be ready for the soccer season. The memo should include information with respect to any asbestos issues, requests made upon the soccer club for funding, why it has taken so long including a chronological outline of what has happened and what departments have been involved. Additionally have Australian Standards been followed. |
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Councillor Robin Cook requested a memo reply with respect to revisiting a request from the community for zebra crossings at this location. |
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Councillor Robin Cook requested a memo reply providing an update on the progress of the Cooling the City Strategy. |
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Councillor Robin Cook requested a memo reply providing information on the function of the Council’s Nursery. |
Councillor John Thain left the meeting, the time being 9:09pm.
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Councillor Karen McKeown OAM requested a memo to all councillors providing information on the possibility of fencing triangle park to improve safety concerns that have been raised by business owners. |
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Councillor Aaron Duke requested a leave of absence which would include the 29 April 2019 Ordinary Council meeting. |
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36 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish that the matter be brought forward and dealt with 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. |
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37 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish that leave of absence be granted to Councillor Aaron Duke for the period identified including the Ordinary Council meeting scheduled for 29 April 2019. |
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Councillor Greg Davies requested a memo reply providing an update to the tree and garden barriers that were proposed along the Great Western High at Victoria Park over 2 years ago. |
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Councillor Greg Davies requested a memo reply providing information on the current status of the MOU with St Clair High School to use their playing fields now the school has been rebuilt. |
38 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:12pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Kath Presdee that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 4
2 Acquisition of 46-50 Station Street, Penrith. Lot 1 DP526304 & Lot E DP163176
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.
Outcome 7
3 Personnel Matters
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 9:24pm and the General Manager reported that the Committee of the Whole met at 9:12pm on 25 February 2019, the following being present
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.
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 Acquisition of 46-50 Station Street, Penrith. Lot 1 DP526304 & Lot E DP163176 |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies CW2 That: 1. The information contained in the report on Acquisition of 46-50 Station Street, Penrith. Lot 1 DP526304 & Lot E DP163176 be received. 2. Council resolve to compulsorily acquire Lot E DP 163176 and Lot 1 DP 526304 known as 46-50 Station Street Penrith, for the sum and on the terms and conditions outlined in this report, with funding being provided from the Major Projects Reserve. 3. Council make an application to the Minister and the Governor for approval to acquire land described as Lot E DP 163176 and Lot 1 DP 526304 known as 46-50 Station Street Penrith, by compulsory process under section 186(2)(a) of the Local Government Act 1993 for the purpose of Public Recreation in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991. 4. The land is to be classified as Community land. 5. Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days. 6. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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RECOMMENDED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright CW3 That: 1. Council adopts the attached Organisational Chart, referred to in the report.
2. Council notes the consultation regarding the deletion of the Assistant General Manager role from the Council structure. |
ADOPTION OF Committee of the Whole
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39 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted. |
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There being no further business the Chairperson declared the meeting closed the time being 9:26pm.
I certify that these 14 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 25 February 2019.
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Chairperson Date