OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL
CHAMBERS
ON
MONDAY 25 MARCH 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 the Rev Neil Checkley.
Councillor Marcus
Cornish left the meeting, the time being 7:04pm.
A minute’s
silence was then observed in remembrance of the victims of the recent attacks
in Christchurch, New Zealand.
Councillor Marcus
Cornish returned to the meeting, the time being 7:05pm.
PRESENT
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy
Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Todd Carney,
Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Aaron Duke, Tricia
Hitchen, Karen McKeown OAM, Kath Presdee and John Thain.
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APOLOGIES
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40 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that
apologies be accepted for Councillors Jim Aitken OAM and Mark Davies.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 25 February 2019
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41 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the minutes
of the Ordinary Meeting of 25 February 2019 be confirmed.
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DECLARATIONS OF INTEREST
There were no declarations of interest.
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SUSPENSION OF
STANDING ORDERS
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42 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Brian Cartwright that
Standing Orders be suspended to allow members of the public to address the
meeting, the time being 7:06pm.
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Mr Ronald Johnston
Item 6 – Mulgoa Rural Fire Service Options for a
site for a new Category 3C Station in Mulgoa
Mr Johnston, an affected person, spoke in opposition to the
recommendation for the location of the new fire station in the northern end of
Mulgoa Park. Mr Johnston cited three areas of concern regarding the
proposed relocation of the Mulgoa Rural Fire Service station. Mr Johnston
stated that, that during the cleaning of fire trucks, waste oils and chemicals
would be washed into the water catchment drain on the corner of his residential
property. He also raised concerns regarding the ambience of Mulgoa
Park and that the rural look of the park and surrounding properties would be
compromised, and also that the traffic point at the proposed position of the
driveway leading onto Mulgoa Road would not be the safest due to the traffic
speed zones in the area.
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RESUMPTION OF
STANDING ORDERS
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43 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing
Orders be resumed, the time being 7:12pm.
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Mayoral Minutes
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1 Retirement
of Janet Keegan
Councillors Kath Presdee and John Thain spoke in
support of the Mayoral Minute.
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44 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Kath Presdee that the Mayoral
Minute on Retirement of Janet Keegan be received.
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Reports of Committees
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1 Report
and Recommendations of the Access Committee Meeting held on 13 February 2019
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45 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Brian Cartwright that the
recommendations contained in the Report and Recommendations of the Access
Committee meeting held on 13 February, 2019 be adopted.
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2 Report
and Recommendations of the Local Traffic Committee Meeting held on 4 March
2019
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46 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Karen McKeown OAM that the recommendations
contained in the Report and Recommendations of the Local Traffic Committee
meeting held on 4 March, 2019 be adopted.
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3 Report
and Recommendations of the Resilience Committee Meeting held on 6 March 2019
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47 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Kath Presdee that the
recommendations contained in the Report and Recommendations of the Resilience
Committee meeting held on 6 March, 2019 be adopted, with the addition of apologies
being recorded for Councillors Ross Fowler OAM and Greg Davies.
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4 Report
and Recommendations of the Policy Review Committee Meeting held on 11 March
2019
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48 RESOLVED on the MOTION of
Councillor Brian Cartwright seconded Councillor John Thain that the
recommendations contained in the Report and Recommendations of the Policy
Review Committee meeting held on 11 March, 2019 be adopted, with Item 2
– Compliance and Enforcement Policy and Guidelines to now read:
“That:
1.
The information contained in the
report on Compliance and Enforcement Policy and Guidelines be received.
2.
Council adopt the attached
Compliance and Enforcement Policy, with the following words being inserted in
place of the current words at Clause 19:
‘Compliance
and enforcement matters are sensitive and easily susceptible to allegations
of impropriety, bias or inconsistency. Gathering of evidence can be a matter
that is complex and subject to information not being able to be admitted into
evidence because of the way it was gathered.
In
order to manage those risks, and consistent with the Council’s Code of
Conduct, and Councillors/Staff Interaction Policy, Councillors should carefully consider their role and the provisions
of the Code of Conduct and Local Government Act. Prior to any meeting on site
where there is the potential for regulatory action, the Councillor should
contact the Director Development and Regulatory Services or relevant manager
to establish the situation. ‘”
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DELIVERY PROGRAM REPORTS
Outcome
3 - We can get around the City
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1 Funding
Acceptance - 2018-19 and 2019-20 Safer Roads and Pedestrian Safety Program
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49 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Funding Acceptance - 2018-19 and
2019-20 Safer Roads and Pedestrian Safety Program be received.
2. Council
acknowledge acceptance of grant funding of $1,545,825 offered for the Safer
Roads and Pedestrian Safety Projects shown in Tables 1 and 2 for the 2018/19
and 2019-20 financial year.
3. Council
write to relevant State and Federal Members thanking them for their continued
support of road safety improvements.
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Outcome
4 - We have safe, vibrant places
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2 Funding
Acceptance - Everyone Can Play program funding for Robin Wiles Park Stage 2
Upgrade
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50 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Robin Cook
That:
1. The
information contained in the report on Funding Acceptance - Everyone Can Play
program funding for Robin Wiles Park Stage 2 Upgrade be received
2. Council
endorse the grant application for $50,000 to NSW Department of Planning and
Environment in December 2018 for the Robin Wiles Park Stage 2 Upgrade.
3. Council
write to relevant State Members thanking them for their funding support
towards delivering inclusive play spaces.
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3 Works
on private land to facilitate placemaking on Parklawn Place, North St Marys
Councillor Marcus Cornish left
the meeting, the time being 7:24pm.
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51 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Tricia Hitchen
That:
1. The
information contained in the report on Works on private land to facilitate
placemaking on Parklawn Place, North St Marys be received
2. Council
approve the scoping and delivery of public works on private land at no cost
to the property owners as described in this report.
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Outcome
5 - We care about our environment
Councillor Marcus Cornish returned to the meeting, the time
being 7:26pm.
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6 Mulgoa
Rural Fire Service Options for a site for a new Category 3C Station in
Mulgoa
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52 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Mulgoa Rural Fire Service Options for
a site for a new Category 3C Station in Mulgoa be received.
2. Council
endorse the location of the new fire station in the northern end of Mulgoa
Park as recommended by Council officers and the feedback from the Mulgoa
Community.
3. Council
staff progress the development application for the construction of the Mulgoa
Rural Fire Brigade Station in the northern end of Mulgoa Park.
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4 Recycling
Processing Service RFT18/19-07
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53 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Recycling Processing Service
RFT18/19-07 be received
2. All
tenders be rejected and Council enter into negotiations with market leaders
for recycling processing services with the aim of entering into a contract, which
represents the best value for money.
3. The
reason for rejecting all tenders, negotiating and not calling fresh tenders
is that Council has now called tenders on two occasions and it is not
considered that a satisfactory result could be achieved from calling fresh
tenders, given the changing commercial climate around commodity prices of the
recycled material.
4. The
Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
5. Council
notify unsuccessful tenderers.
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5 Acceptance
of Grant Funding Offers - NSW Floodplain Management Program 2018/19
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54 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Acceptance of Grant Funding Offers -
NSW Floodplain Management Program 2018/19 be received.
2. Council
accept the grant funding offers from the NSW Government for the following
studies:
a. College, Orth and
Werrington Creeks Catchment Floodplain Risk Management Study and Plan -
$236,000; and
b. Little Creek
Catchment Floodplain Risk Management Study and Plan – $154,000.
3. Council
write to the Minister for the Environment, Local Members and the Office of
Environment and Heritage, expressing appreciation of their continued support
and funding towards Council’s Floodplain Management programs.
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Outcome
7 - We have confidence in our Council
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7 2019
Australian Local Government Association (ALGA) National General Assembly
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55 RESOLVED on the MOTION of
Councillor Brian Cartwright seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on 2019 Australian Local Government
Association (ALGA) National General Assembly be received.
2. The three
motions outlined in tonight’s report with respect to the future of
Australian Cities, big and small be endorsed for submission to the National
General Assembly.
3. The motion
regarding Implementation of a Nationwide approach to urban development that
is responsive to local climates be endorsed.
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8 Summary
of Investments & Banking for the Period 1 February 2019 to 28 February
2019
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56 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Summary of Investments & Banking
for the Period 1 February 2019 to 28 February 2019 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the period 1 February 2019 to 28 February 2019 be noted
and accepted.
3. The
graphical investment analysis as at 28 February 2019 be noted.
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REQUESTS FOR REPORTS AND MEMORANDUMS
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RR 1 Settlement
of New Immigrants
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Councillor Marcus Cornish requested a
memo to all Councillors outlining the effect on the Penrith Local Government Area
of the proposed settlement of new immigrants into regional areas, and
clarifying if this settlement is proposed for areas only outside the Sydney
Basin.
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RR 2 Path
paving in Warwick Street, Penrith
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Councillor Tricia Hitchen requested
that footpaths in Warwick Street, Penrith be added to Council’s path
paving program as a matter of priority.
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RR 3 Racecourse
Road Site
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Councillor Kevin Crameri OAM requested a
report to Council outlining the history of ownership of the Racecourse Road site
and electricity substation and whether this land is held in a bequest or
trust to Council.
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RR 4 NSW
State Election held on 23 March 2019
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Councillor John Thain requested that the
Mayor write letters of congratulations to the local Members of Parliament in
the Penrith area who were re-elected at the NSW State Election held on 23
March 2019 and also letter of congratulations to those candidates who
participated in the election.
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RR 5 Operation
of Local Independent Hearing and Assessment Panels (IHAPs)
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Councillor Karen McKeown OAM requested
that, after 12 months of the local IHAPs being in operation, Councillors be
provided with a report including a table of the decisions made by local
IHAPs, including the Sydney Western City Planning Panel, as well as the
amount of time the Panels have sat and the total dollar amount of payment for
each meeting, and that this information be declared each quarter into the
future.
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RR 6 Banks
Public School, St Clair
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Councillor Greg Davies requested that
Council investigate the remediation of paving outside the Banks Public School
as well as the removal of a tree on the school grounds which is leaning onto
the front fence and encroaching onto the footpath.
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RR 7 Traffic
Lights - Jane Street, Penrith
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Councillor Kevin Crameri OAM requested
that the tree branches in front of the traffic lights in Jane Street, located
opposite Penrith Plaza be trimmed as they currently obscure those traffic
lights.
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Committee of the Whole
57 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 7:44pm.
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 matter:
Outcome 2
2 Proposed
Amendment to an Executed Voluntary Planning Agreement Between Penrith City
Council and Legacy Property for Caddens
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.
The meeting
resumed at 7:45pm and the General Manager reported that the Committee of the
Whole met at 7:44pm on 25 March 2019, the following being present
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy
Mayor, Councillor Greg Davies, and Councillors Bernard Bratusa, Todd Carney,
Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, 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 Proposed
Amendment to an Executed Voluntary Planning Agreement Between Penrith City
Council and Legacy Property for Caddens
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RECOMMENDED on the MOTION of Councillor
Greg Davies seconded Councillor Bernard Bratusa
CW2 That:
1. The information
contained in the report on Proposed Amendment to an Executed Voluntary
Planning Agreement Between Penrith City Council and Legacy Property for
Caddens be received.
2. The draft VPA be
placed on public exhibition in accordance with the requirements of the
Environmental Planning and Assessment Act and Regulations.
3. In the event that no
submissions are received, Council authorise the General Manager and Mayor to
sign the amended Voluntary Planning Agreement and the Common Seal of the
Council of the City of Penrith be affixed to the Voluntary Planning
Agreement.
4. In the event that
submissions are received in response to the public exhibition period, the
matter be reported back to Council post exhibition for further consideration.
5. A
copy of the Voluntary Planning Agreement if executed, be provided to the
Minister for Planning.
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ADOPTION OF
Committee of the Whole
58 RESOLVED on the MOTION of Councillor Greg Davies
seconded Councillor Tricia Hitchen that the recommendations contained in the
Committee of the Whole and shown as CW1 and CW2 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 7:46pm.
I certify that these 9 pages
are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held
on 25 March 2019.
____________________
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Chairperson
Date