OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL
CHAMBERS
ON
MONDAY 22 JULY 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.
PRESENT
His Worship the Mayor, Councillor Ross Fowler OAM, and
Councillors Jim Aitken OAM, Bernard Bratusa (arrived 7:19pm), Todd Carney,
Robin Cook, Marcus Cornish, Kevin Crameri OAM, Mark Davies, Tricia Hitchen, Karen
McKeown OAM, Kath Presdee and John Thain.
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APOLOGIES
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124 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Jim Aitken OAM that apologies for
Councillors Greg Davies, Brian Cartwright and Aaron Duke be accepted for
their non-attendance at the meeting, and for Councillor Bernard Bratusa for
his late arrival at the meeting.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 24 June 2019
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125 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that
the minutes of the Ordinary Meeting of 24 June 2019 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Jim Aitken OAM declared a Pecuniary Interest in
COW Item 6 – Property Matter as Jim Aitken & Partners Emu Plains
is the listing agent for the vendor. Councillor Aitken stated that he
would not take part in debate on this item and would leave the meeting during
consideration of this item.
Councillor Kevin Crameri OAM declared a Non-Pecuniary
Conflict of Interest – Significant in an urgent motion proposed to be
raised by Councillor John Thain during Urgent Business as it refers to works at
St David’s Hall, Llandilo and Councillor Crameri is the Public Officer of
the St David’s Hall Committee.
Mayoral Minutes
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1 Passing
of Andrew (Andy) Robertson
Councillor John Thain spoke in
support of the Mayoral Minute.
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126 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral
Minute on Passing of Andrew (Andy) Robertson be received.
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2 Council
Annual Report Wins Gold (Again)
Councillor John Thain spoke in
support of the Mayoral Minute.
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127 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral
Minute on Council Annual Report Wins Gold (Again) be received.
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Reports of Committees
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1 Report
and Recommendations of the Access Committee Meeting held on 12 June 2019
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128 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Karen McKeown OAM that
the recommendations contained in the Report and Recommendations of the Access
Committee meeting held on 12 June, 2019 be adopted.
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2 Report
and Recommendations of the Local Traffic Committee Meeting held on 1 July
2019
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129 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Marcus Cornish that the
recommendations contained in the Report and Recommendations of the Local
Traffic Committee meeting held on 1 July, 2019 be adopted.
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DELIVERY PROGRAM
REPORTS
Outcome
2 - We plan for our future growth
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1 Heritage
Assistance Fund
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130 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Heritage Assistance Fund be received.
2. The
Heritage Assistance Fund be allocated as outlined in this report and be
available for two financial years.
3. Further
applications be sought and funded from the unallocated balance of the
2019-20 Heritage Assistance Fund for the preparation of Conservation
Management Plans/Costed Maintenance Plans for individually listed heritage
items.
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2 Boarding
Houses
Councillor Bernard Bratusa arrived at the meeting, the
time being 7:19pm.
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131 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Boarding Houses be received.
2. Council
continue to advocate with State Government in relation to Boarding Houses and
the Affordable Rental Housing SEPP that reflect the concerns of our
community.
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Outcome
5 - We care about our environment
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3 RFT18/19-26
Disposal of Construction Waste
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132 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Todd Carney
That:
1. The
information contained in the report on RFT18/19-26 Disposal of Construction
Waste be received.
2. Hi-Quality
Recycling Services Pty Ltd be awarded the contract for both disposal and
haulage portions of the contract for an initial period of six (6) years, with
an option by Council to extend the agreement for a further two (2) x 2 year
periods, subject to satisfactory performance and subject to the return of an
acceptable financial check.
3. The
Common Seal of the Council of the City of Penrith be placed on all
documentation if necessary
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Outcome
6 - We are healthy and share strong community spirit
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4 RFT18/19-27
Detailed Landscape Design of Regatta Park Precinct
Councillor Todd Carney left the
meeting, the time being 7:23pm.
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133 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on RFT18/19-27 Detailed Landscape Design
of Regatta Park Precinct be received
2. McGregor
Coxall Unit Trust be awarded the Contract subject to the execution of a
formal agreement for the Detailed Landscape Design of Regatta Park Precinct
for the amount of $442,912 excluding GST, subject to the return of an
acceptable financial check.
3. The
Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
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Councillor Bernard Bratusa declared a Non-Pecuniary Conflict
of Interest - Less Than Significant in Item 5 - Financial
implications of State Government funding for Penrith City facilities as he is
employed by the office of the Minister for Sport. Councillor Bratusa then
left the meeting during consideration of this item, time being 7:23pm.
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5 Financial
implications of State Government funding for Penrith City facilities
Councillor Todd Carney returned
to the meeting, the time being 7:24pm.
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134 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Kath Presdee that the
information contained in the report on Financial implications of State
Government funding for Penrith City facilities be received.
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6 Naming
of Playground in Colyton - Hazel Little
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135 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Naming of Playground in Colyton -
Hazel Little be received.
2. Council
endorse the naming of the playground in Ted Little Park, Colyton after Hazel
Eileen Little.
3. Following
endorsement, an official naming ceremony be held at the park.
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Councillor Bernard Bratusa returned to the meeting, the time
being 7:27pm.
Outcome
7 - We have confidence in our Council
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7 Investment
Policy
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136 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor John Thain
That:
1. The
information contained in the report on Investment Policy be received.
2. Council
adopt the proposed changes to the Investment Policy tabled in this report.
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8 Borrowing
Policy
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137 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor John Thain
That:
1. The
information contained in the report on Borrowing Policy be received.
2. Council
adopt the Borrowing Policy.
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9 Borrowing
Program 2018-19
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138 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Tricia Hitchen
That:
1. The
information contained in the report on Borrowing Program 2018-19 be received.
2. Council
be advised that NSW TCorp was the successful lender for the $5,500,000 new
monies and ANZ was the successful lender for the renewal loans that comprised
the 2018-19 Borrowing Program.
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11 Audit,
Risk and Improvement Committee
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139 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Tricia Hitchen that the
information contained in the report on Audit, Risk and Improvement Committee
be received.
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12 Summary
of Investments & Banking for the Period 1 June 2019 to 30 June 2019
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140 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Tricia Hitchen
That:
1. The
information contained in the report on Summary of Investments & Banking
for the Period 1 June 2019 to 30 June 2019 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the period 1 June 2019 to 30 June 2019 be noted and
accepted.
3. The
graphical investment analysis as at 30 June 2019 be noted.
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10 Proposed
Amendments to 2019-20 Fees and Charges
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141 RESOLVED on the MOTION of
Councillor Jim Aitken OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Proposed Amendments to 2019-20 Fees
and Charges be received.
2. Council
adopt the amended Fees and Charges document, excluding the following two fees,
and that a review of these fees be the subject of a Councillor Briefing:
·
Request to Review Determination Fee (Tree Removal Applications)
$175; and
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Request to Review Determination Fee (Vegetation Clearing
Applications) $350.
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REQUESTS FOR REPORTS AND MEMORANDUMS
AND URGENT BUSINESS
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UB 1 NSW
Corps of Marines Inc
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Councillor
Marcus Cornish requested that $1,000 be allocated, in equal amounts, from
each Ward’s voted works, to the NSW Corps of Marines Inc to assist in the
cost of their uniforms and equipment.
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142 RESOLVED on the MOTION of Councillor Marcus
Cornish seconded Councillor John Thain 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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143 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor John Thain that $1,000 be
allocated, in equal amounts, from each Ward’s voted works, to the NSW
Corps of Marines Inc to assist in the cost of their uniforms and equipment.
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RR 1 Dangerous
Tree - Great Western Highway, Emu Plains
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Councillor Marcus Cornish requested a
memo reply to all Councillors providing an assessment of any potential danger
that is posed by a large gum tree growing near the Great Western Highway at
Emu Plains, close to the Emu Plains Before and After School Care premises.
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RR 2 Blocking
Vehicular Access to Reserve in Short Street, Emu Plains
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Councillor Marcus Cornish requested that
a gate be provided at the access to the reserve at the bend in Short Street,
Emu Plains to prevent vehicular access.
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RR 3 Parking
Signs - East Lane, St Marys
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Councillor Marcus Cornish requested that
the missing and damaged ‘No Stopping’ and ‘No Parking’
signs and poles in East Lane, St Marys behind the shops be replaced.
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RR 4 Update
on Proposed Waste Transfer Station - Bromley Road, Emu
Heights
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Councillor Marcus Cornish requested an
update on the development application for a proposed waste transfer station
at Bromley Road, Emu Heights.
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RR 5 Update
on Proposed Community Centre in Cranebrook
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Councillor Marcus Cornish requested an
update on the development application for a community centre in Cranebrook,
and requested information as to whether the intended use is a place of public
worship.
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RR 6 Policy
on Group Homes
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Councillor Tricia Hitchen
requested a Councillor Briefing or a report to Council on developing a policy
for Group Homes, with the policy to cover permissible numbers of group homes
in one street to ensure neighbourhood amenity is maintained.
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RR 7 Private
Certification Issues
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Councillor Mark Davies requested a memo
reply to all Councillors providing information regarding the issue of
personal indemnity insurance for certifiers, and Council’s position
regarding certification in light of the issues surrounding private
certifiers.
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UB 2 Consideration
of Urgent Property Matter in Committee of the Whole
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Councillor Mark Davies
requested that an urgent property matter be considered in Committee of the
Whole because the matter 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.
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144 RESOLVED on the MOTION of Councillor Mark Davies
seconded Councillor John Thain 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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145 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor John Thain requested that an
urgent property matter be considered in Committee of the Whole because the
matter 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.
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RR 8 Drainage
Issues - Llandilo
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Councillor Kevin Crameri OAM requested
that Council revisit the drainage issues at Xavier College, Llandilo and also
in Fourth Avenue, Llandilo where the group homes are located as water in both
areas is flowing across the road and into properties.
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RR 9 Properties
in Ninth Avenue, Llandilo
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Councillor Kevin Crameri OAM requested a
memo reply to all Councillors providing an explanation as to why Lendlease
has not provided a footpath behind the properties built in Ninth Avenue as
part of the Jordan Springs development.
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RR 10 Displaying
Street Numbers on Business Premises in Penrith CBD
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Councillor Kevin Crameri OAM requested a
memo reply to all Councillors providing information as to how businesses in
the Penrith CBD may be required to display the street number of the business
on the premises and if this is a requirement in Penrith’s DCP and LEP.
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RR 11 Provision
of Truck Rest Area on Northern Road
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Councillor Kevin Crameri OAM requested
that Council write to local State Members and the Premier requesting them to
make representations to the Roads and Maritime Services seeking the
reinstatement of a truck rest area on The Northern Road, after it was removed
during the road widening works on The Northern Road through the Penrith LGA.
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RR 12 Repairs
to Garbage Bin - Carolyn Chase, Orchard Hills
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Councillor Jim Aitken OAM requested that
Council officers follow up an issue regarding broken wheels on a red lidded
garbage bin in Carolyn Chase, Orchard Hills.
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Having previously declared an interest in an urgent business
item concerning voted works, Councillor Kevin Crameri OAM left the meeting, the
time being 7:52pm.
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UB 3 St
David's Hall, Llandilo
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Councillor
John Thain requested that an amount of $5,400 be allocated from North Ward
voted works to St David’s Hall Committee, Llandilo for repairs to the floors
of the Hall.
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146 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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147 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Marcus Cornish that an amount of
$5,400 be allocated from North Ward voted works to St David’s Hall
Committee, Llandilo for repairs to the floors of the Hall.
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Councillor Kevin Crameri OAM returned to the meeting, the
time being 7:53pm.
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RR 13 Ripples
Facility Board
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Councillor Todd Carney requested that
the Board of Ripples be congratulated for its decision to consider naming
part of the facility after the Late Alan Brown who was a volunteer member of
the Board of Ripples since 1994.
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RR 14 National
Heavy Vehicle Regulator
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Councillor Todd Carney requested a memo
reply to all Councillors advising whether the National Heavy Vehicle
Regulator has contacted Council with a view to mapping out areas where cranes
and other heavy vehicles can travel through the Penrith LGA.
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RR 15 Disposal
of Recycled Waste
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Councillor Kath Presdee requested that
in light of Council’s new recycling contract, an update be sought from
VISY (a) seeking an assurance that all recyclable waste collected form
kerbside collection under the Penrith City Council contract will be dealt
with within Australia; and (b) asking what measures will be taken to prevent
the contamination of this waste if the waste is being transported to its
ultimate destination.
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RR 16 Canal
through Thornton
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Councillor Marcus Cornish requested that
Urban Growth be requested to clean the canal that runs through Thornton as it
has become polluted.
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RR 17 Footpath
Paving - Coreen Avenue, Penrith
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Councillor Kevin Crameri OAM requested
that a high priority be given to extending the footpath paving along Coreen
Avenue from Lemongrove Road to Thornton.
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Committee of the Whole
148 RESOLVED on the MOTION of Councillor Marcus
Cornish seconded Councillor Mark Davies that the meeting adjourn to the
Committee of the Whole to deal with the following matters, the time being 7:59pm.
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Marcus Cornish seconded Councillor Mark Davies that the press and
public be excluded from Committee of the Whole to deal with the following
matters:
Outcome 7
2 Council
Property - Lease Agreement - Suite G02/114-116 Henry Street, Penrith (Community
Connections Building)
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 Council
Property - Lease Agreement - Suite 1, Ground Floor and Level 1, 225-227 Queen
Street, St Marys
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 5
4 Acquisition
of Easement - 2-16 Leland Street, Penrith (Lot 6 DP1040572)
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
5 Property
Matter
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.
6 Property
Matter
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.
The meeting
resumed at 8:19pm and the General Manager reported that the Committee of the
Whole met at 7:59pm on 22 July 2019, the following being present
His Worship the Mayor, Councillor Ross Fowler OAM, and
Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Robin Cook, Marcus
Cornish, Kevin Crameri OAM, 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 Council
Property - Lease Agreement - Suite G02/114-116 Henry Street, Penrith
(Community Connections Building)
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RECOMMENDED on the MOTION of Councillor
Bernard Bratusa seconded Councillor Robin Cook
CW2 That:
1. The
information contained in the report on Council Property - Lease Agreement -
Suite G02/114-116 Henry Street, Penrith (Community Connections Building) be
received.
2. Council
approve the proposed new lease agreement 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 Council
Property - Lease Agreement - Suite 1, Ground Floor and Level 1, 225-227 Queen
Street, St Marys
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RECOMMENDED on the MOTION of Councillor
Tricia Hitchen seconded Councillor Jim Aitken OAM
CW3 That:
1. The
information contained in the report on Council Property - Lease Agreement -
Suite 1, Ground Floor and Level 1, 225-227 Queen Street, St Marys be
received
2. Council
approve the proposed new lease agreement 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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4 Acquisition
of Easement - 2-16 Leland Street, Penrith (Lot 6 DP1040572)
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RECOMMENDED on the MOTION of Councillor
Todd Carney seconded Councillor John Thain
CW4 That:
1. The
information contained in the report on Acquisition of Easement - 2-16 Leland
Street, Penrith (Lot 6 DP1040572) be received.
2. Council
acquire an easement over Lot 6 DP1040572 under the terms outlined within 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 Property
Matter
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RECOMMENDED on the MOTION of Councillor
Marcus Cornish seconded Councillor Karen McKeown
CW5 That:
1. The
information contained in the report on Property Matter (Lot 2526 DP 710266,
Peachtree Road, Penrith) be received.
2. Council
resolve to adopt the recommendations as listed within the body of the
distributed report.
3. The
Common Seal of the Council of the City of Penrith be placed on any necessary
documentation.
4. A
further report be presented to Council detailing the outcome of any
negotiations in this matter.
5. If
negotiations are successful, the property be proposed to be classified as
operational land in a future report.
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Having declared a Pecuniary Interest COW Item 6 –
Property Matter, Councillor Jim Aitken OAM left the meeting at 8:10pm and did
not return.
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6 Property
Matter
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RECOMMENDED on the MOTION of
Councillor Marcus Cornish seconded Councillor John Thain
CW6 That:
1. The
information contained in the report on Property Matter (Lot 2 DP 504935, 92
River Road, Emu Plains) be received.
2. Council
resolve to adopt the recommendations as listed within the body of the
distributed report.
3. The
Common Seal of the Council of the City of Penrith be placed on any necessary
documentation.
4. A further
report be presented to Council detailing the outcome of any negotiations in
this matter.
5. If negotiations
are successful, the property be proposed to be classified as operational land
in a future report.
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ADOPTION OF Committee of the Whole
149 RESOLVED on the MOTION of Councillor Todd Carney seconded
Councillor Mark Davies that the recommendations contained in the Committee of
the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 8:20pm.
I certify that these 12
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 22 July 2019.
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Chairperson Date