OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL
CHAMBERS
ON
MONDAY 28 OCTOBER 2019 AT 7:04PM
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 Governance Co-ordinator, Mr Adam Beggs.
PRESENT
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy
Mayor, Councillor Karen McKeown OAM, and Councillors Jim Aitken OAM, Bernard
Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Kevin Crameri OAM, Greg
Davies, Mark Davies, Aaron Duke, Kath Presdee and John Thain.
LEAVE OF ABSENCE
Leave of Absence was previously
granted to Councillor Marcus Cornish for the period 14 October 2019 to 11
November 2019 inclusive.
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APOLOGIES
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216 RESOLVED on the MOTION of
Councillor Brian Cartwright seconded Councillor Karen McKeown OAM that the
apology received from Councillor Tricia Hitchen be accepted.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 23 September 2019
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217 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Jim Aitken OAM that the minutes of
the Ordinary Meeting of 23 September 2019 be confirmed, with an amendment to
Recommendation 2 of the resolution at COW Item 5 – Council
Property - Licence Agreement - Suite 102/114-116 Henry Street Penrith
(Community Connections) to AFFORD, to now read:
“2. Council
grant a new licence to AFFORD on the terms and conditions in this
report.”
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DECLARATIONS OF INTEREST
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict
of Interest – Less than Significant in Item 6 - RFT1920-12 Supply and
Installation of Automatic Irrigation System as
he works in the Office of the Minister for Sport whose portfolio
is responsible for the allocation of funding to the Rance Oval irrigation
project.
Mayoral Minutes
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1 Acknowledgement
of visiting delegation from Gangseo-gu Republic of Korea
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RESOLVED on the MOTION of Councillor Ross
Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on
Acknowledgement of visiting delegation from Gangseo-gu Republic Of
Korea be received.
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Reports of Committees
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1 Report
and Recommendations of the Resilience Committee Meeting held on 11 September
2019
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218 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 11 September, 2019 be adopted.
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2 Report
and Recommendations of the Local Traffic Committee Meeting held on 14 October
2019
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219 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Jim Aitken OAM that the
recommendations contained in the Report and Recommendations of the Local
Traffic Committee meeting held on 14 October, 2019 be adopted.
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3 Report
and Recommendations of the Policy Review Committee Meeting held on 21 October
2019
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220 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Robin Cook that the
recommendations contained in the Report and Recommendations of the Policy
Review Committee meeting held on 21 October, 2019 be adopted.
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DELIVERY PROGRAM
REPORTS
Outcome
2 - We plan for our future growth
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1 Western
Parkland Councils' Governance Arrangements
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221 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Mark Davies
That:
1. The
information contained in the report on Western Parkland Councils' Governance
Arrangements be received.
2. Council
formally enter into an alliance with the Western Parkland Councils in
accordance with the draft Deed of Agreement and Section 355 of the Local
Government Act 1993.
3. Council
contribute $20,000 for the 2019/20 financial year and then $40,000 annually
towards resourcing the Western Parkland Councils as outlined in the report.
4. Council
nominate the Deputy Mayor, Councillor Karen McKeown OAM to be appointed as an
alternate representative on the Western Parkland Councils’ Mayoral
Forum should the Mayor be unavailable.
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Procedural
Motion
222 RESOLVED on
the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa that
the following items be deferred to Committee of the Whole at the conclusion
of all other business before being considered in open Council:
Item
2 RFT1920-04 Werrington,
Hunter Field & Roper Road Sport Amenities Refurbishment
Item 3 RFT1920-11
Recreation and Leisure Centre Building Upgrade
Item 6 RFT1920-12
Supply and Installation of Automatic Irrigation System
Item 7 RFT1920-10
Cook and Banks Sports Field Lighting
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Outcome 5 - We care about our environment
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4 Penrith
CBD Catchment Floodplain Risk Management Study and Plan
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223 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Penrith CBD Catchment Floodplain Risk
Management Study and Plan be received.
2. The
draft report for public exhibition of the Penrith CBD Catchment Floodplain
Risk Management Study and Plan, October 2019 be endorsed for public
exhibition for a period of no less than 28 days.
3. A
further report be presented to Council on the results of the public
exhibition of the draft report for public exhibition of the Penrith CBD Catchment
Floodplain Risk Management Study and Plan, October 2019 addressing any
submissions received during the exhibition period.
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5 Hawkesbury
- Nepean Valley Regional Flood Study
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224 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Hawkesbury - Nepean Valley Regional
Flood Study be received.
2. Council
note that, as a result of the release of the INSW Regional Flood Study, there
is no change in managing those floodplains covered under the Penrith’s
Nepean River Flood Study, 2018.
3. Council
note that the estimated Probable Maximum Flood levels from the INSW Regional
Flood Study are approximately 2 metres higher than the Probable Maximum Flood
level estimated by the Penrith’s Nepean River Flood Study, 2018.
4. Council
investigate and reassess the Probable Maximum Flood levels for those areas
covered under its Nepean River Flood Study,2018 using the updated hydrology
information obtained from the NSW Government. This assessment will be
undertaken as part of the Nepean River Floodplain Risk Management Study and
Plan currently in progress.
5. Council
note that the flood levels for Emu Plains estimated by the INSW Regional
Flood Study is higher than the flood levels estimated by Penrith’s
Nepean River Flood Study, 2018. No action is required as the modelling
of the INSW Regional Flood Study does not provide adequate explanation, and
this may be due to mapping methods rather due to actual flood modelling
result.
6. Council
note that under the INSW Regional Flood Study there is a flood breakout near
Devlin Road, Castlereagh. No action is required as the Probable Maximum Flood
will be reassessed under the current Floodplain Risk Management Study and
Plan being undertaken by Council.
7. Council
note that, as a result of the release of the INSW Regional Flood Study, there
is no change in the 1 in 100-year (1% AEP) flood levels for Wallacia
Village. Council continues to use the 1995 Upper Nepean River Flood
Study until such time a detailed Flood Study is completed for the areas of
Wallacia Village.
8. Council
note that the estimated Probable Maximum Flood levels for the areas of
Wallacia Village from the INSW Regional Flood Study are approximately 9.4
metres higher than the levels currently being sourced from the 1995 Upper
Nepean River Flood Study. As the result, the area of Wallacia Village
will now be classified as “Low Flood Island” in terms emergency
response planning classification.
9. Council
update the section 10.7 (formally s149) flood planning notation to those
properties in the area of Wallacia Village impacted by the INSW Regional
Flood Study Probable Maximum Flood to reflect the changes in emergency
response planning classification from “High Flood Island” to
“Low Flood Island”.
10. Council
note that there is no change of the 1 in 100-year (1% AEP) flood levels for
Rickabys Creek by the INSW Hawkesbury – Nepean River backwater
flooding.
11. Council
note that there is a minor increase of 300 mm of the Probable Maximum Flood
level for Rickabys Creek from the INSW Hawkesbury – Nepean River
backwater flooding.
12. Council
note that there are no changes observed to the 1 in 100-year (1% AEP) flood
levels for South Creek by the INSW Hawkesbury – Nepean River backwater
flooding.
13. Council
note that there is a minor increase of 300 mm of the Probable Maximum Flood
level for South Creek by the INSW Hawkesbury – Nepean River backwater
flooding. No action is required at this stage however should a review
of South Creek Flood Study be undertaken in the future Council is to consider
the higher backwater river flooding of the Probable Maximum Flood by the Hawkesbury
– Nepean River.
14. Infrastructure
NSW be requested to undertake contemporary flood modelling
of the Upper Nepean Catchment and specifically the Probable Maximum
Flood levels for the Wallacia Village Area and that Council be consulted
on the brief for the study.
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Outcome
7 - We have confidence in our Council
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8 RFT1920-05
Development Management for Soper Place Carpark and Commercial Project
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225 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on RFT1920-05 Development Management for
Soper Place Carpark and Commercial Project be received.
2. The
proposal and total fee from Savills Project Management Pty Ltd, including
strategic leasing input, for the amount of $725,000 (excluding GST) be
accepted.
3. The Common
Seal of the Council of the City of Penrith be placed on all documentation
necessary.
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9 Pecuniary
Interest Returns
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226 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa that the
information contained in the report on Pecuniary Interest Returns be
received.
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10 Licence
Agreement for an Air Quality Monitoring Station at Part Lot 101 Laycock
Street, Cranebrook
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227 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Licence Agreement for an Air Quality
Monitoring Station at Part Lot 101 Laycock Street, Cranebrook be
received.
2. Subject to
no objections being received, Council grant a licence to Department of
Planning, Industry and Environment on the terms and conditions detailed in
this report.
3. Council
resolve to affix the Common Seal of the Council of the City of Penrith to any
necessary documentation.
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11 2018-19
Financial Statements
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228 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on 2018-19 Financial Statements be
received.
2. Council
note the completion of the public exhibition process for Council’s
2018-19 Financial Statements and that Council has submitted its Financial
Statements for the year ended 30 June 2019 to the Office of Local Government.
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12 Changes
to the 2019-20 Operational Plan
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229 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Changes to the 2019-20 Operational
Plan be received.
2. The
2019-20 Operational Plan be updated to ensure responsibilities and budget
allocations reflect the current organisational structure and emerging
priorities.
3. The
revised version of the plan be placed on Council’s website.
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13 Audit,
Risk and Improvement Committee
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230 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa that the
information contained in the report on Audit, Risk and Improvement Committee
be received.
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14 Summary
of Investment & Banking for the Period 1 September 2019 to 30 September
2019
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231 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Summary of Investment & Banking
for the Period 1 September 2019 to 30 September 2019 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the period 1 September 2019 to 30 September 2019 be noted
and accepted.
3. The
graphical investment analysis as at 30 September 2019 be noted.
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REQUESTS FOR REPORTS AND MEMORANDUMS
and URGENT BUSINESS
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RR 1 Honoured
Citizens of Penrith
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Councillor John Thain requested that a
report be presented to Council confirming the nomination of John
Bateman OAM and Leigh Hartog to be acknowledged as Honoured Citizens of
Penrith.
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UB 1 Terry
Ryan Memorial Golf Day
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Councillor
Bernard Bratusa requested that an amount of $150 be allocated from each
Ward’s voted works (totalling $450) towards the Terry Ryan Memorial
Golf Day to be held at Colonial Golf Course on 24 November 2019.
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232 RESOLVED on the MOTION of Councillor Bernard
Bratusa seconded Councillor Kevin Crameri OAM 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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233 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM an amount of
$150 be allocated from each Ward’s voted works (totalling $450) towards
the Terry Ryan Memorial Golf Day to be held at Colonial Golf Course on 24
November 2019.
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RR 2 Development
of a Financial Dashboard
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Councillor Brian Cartwright requested a
briefing on the development of a financial dashboard similar to that
presented at the recent LGNSW Conference.
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RR 3 Green
Bridge, Nepean River
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Councillor Mark Davies requested that
the Local Traffic Committee investigate the provision of signage on the Green
Bridge to encourage cyclists to reduce speed when crossing the bridge.
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RR 4 Information
regarding filling of land and changing flow of water on land
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Councillor Kevin Crameri OAM requested a
memo reply advising whether the Penrith LEP and DCPs contain information
regarding the filling of land without consent and changing the natural flow
of water for intensified farming on five acre blocks.
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RR 5 Minimum
Lot Size and Road Widths
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Councillor Kevin Crameri OAM requested an
update on his previous request regarding the minimum lot sizes and road
widths set out in the LEP and DCPs for the Penrith Local Government Area.
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UB 2 Request
for Leave of Absence
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Councillor
Kevin Crameri OAM requested Leave of Absence for 11 November 2019.
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234 RESOLVED on the MOTION of Councillor Karen
McKeown OAM seconded Councillor Greg 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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235 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Greg Davies that Leave of
Absence be granted to Councillor Kevin Crameri OAM for 11 November 2019.
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RR 6 Request
for Transportation of Carving Material
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Councillor Kevin Crameri OAM requested
that transportation be arranged for a log which is to be carved by artist
Adrian Shafer for the community centre at St Marys.
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RR 7 Pink
Up Penrith Initiative
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Councillor Karen McKeown OAM requested
that the St Marys and Penrith CBD Corporations, as well as Council staff, be
congratulated on the Pink Up Penrith initiative for 2019, and that starting
next year Council maintain a list of events for this initiative and publish a
calendar of the events on Council’s website.
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RR 8 Prosecution
of Bill Posters
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Councillor Greg Davies requested that
Council write to the LGNSW requesting information on what actions have been
taken and representations have been made to the State Government including
any replies regarding the association’s position on bill posters on
poles in light of this motion being considered a category 2 motion and not
discussed at this year’s Local Government Conference.
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Committee of the Whole
236 RESOLVED on the MOTION of Councillor Greg Davies seconded
Councillor Brian Cartwright that the meeting adjourn to the Committee of the
Whole to deal with the following matters, the time being 7:57pm.
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded
Councillor Brian Cartwright that the press and public be excluded from
Committee of the Whole to deal with the following matters:
Outcome 7
2 Lease
of Shop 2/134-138 Henry Street, Penrith (Gaymark Lane)
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
Land - Acquisition of Easements for Underground Cables (M4 Smart Motorway
Project)
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 Commercial
Matter – Tendering Process
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 8:25pm and the General Manager reported that the Committee of the
Whole met at 7:57pm on 28 October 2019, the following being present
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy
Mayor, Councillor Karen McKeown OAM, and Councillors Jim Aitken OAM, Bernard
Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Kevin Crameri OAM, Greg
Davies, Mark Davies, Aaron Duke, 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 Lease
of Shop 2/134-138 Henry Street, Penrith (Gaymark Lane)
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RECOMMENDED on the MOTION of Councillor
Greg Davies seconded Councillor Kath Presdee
CW2 That:
1. The
information contained in the report on Lease of Shop 2/134-138 Henry Street,
Penrith (Gaymark Lane) be received.
2. Council
approve the proposed new lease agreement under the terms and conditions
listed 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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3 Council
Land - Acquisition of Easements for Underground Cables (M4 Smart Motorway
Project)
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RECOMMENDED on the MOTION of Councillor
Kevin Crameri OAM seconded Councillor Mark Davies
CW3 That:
1. The
information contained in the report on Council Land - Acquisition of
Easements for Underground Cables (M4 Smart Motorway Project) be received.
2. Council
agree to grant easements over Lot 6 DP 1090232 and Lot 1043 DP252535 in
accordance with the terms and conditions 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 Commercial
Matter - Tendering Process
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RECOMMENDED on the MOTION of Councillor
John Thain seconded Councillor Brian Cartwright
CW4 That the information provided regarding the Tendering
Process be received.
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ADOPTION OF
Committee of the Whole
237 RESOLVED on the MOTION of Councillor Kath Presdee seconded
Councillor Aaron Duke that the recommendations contained in the Committee of
the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.
Outcome 4 - We
have safe, vibrant places
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2 RFT1920-04
Werrington, Hunter Field & Roper Road Sport Amenities Refurbishment
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238 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on RFT1920-04 Werrington, Hunter Field
& Roper Road Sport Amenities Refurbishment be received
2. Council accept the ‘Move It Aus’ – Community Sport
Infrastructure Program grants awarded for the Werrington & Roper Road
projects. Write to & thank the federal Minister for Youth and Sport and
Senator Marise Payne for her advocacy.
3. The proposal and lump sum price from Alpall
Pty Ltd, for the amount of $1,223,697
(excluding GST) be accepted for Construction and Refurbishment of Sporting
Amenities.
4. The Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
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3 RFT1920-11
Recreation and Leisure Centre Building Upgrade
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239 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on RFT1920-11 Recreation and Leisure
Centre Building Upgrade be received
2. The
proposal and Lump sum price from Westbury Constructions Pty Ltd of
$1,921,256.00 excluding GST be accepted for the Construction of St Clair
Recreation and Leisure Centre, St Clair.
3. The Common
Seal of the Council of the City of Penrith be placed on all documentation as
necessary.
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Outcome 6 - We are
healthy and share strong community spirit
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6 RFT1920-12
Supply and Installation of Automatic Irrigation System
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240 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Jim Aitken OAM
That:
1. The
information contained in the report on RFT1920-12 Supply and Installation of
Automatic Irrigation System be received
2. The proposal and lump sum price from Romba Pty Ltd of $249,547 excluding GST be accepted for
supply and installation of automatic irrigation system at Ridge Park North and
Rance Oval
3. The Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
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7 RFT1920-10
Cook and Banks Sports Field Lighting
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241 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Robin Cook
That:
1. The
information contained in the report on RFT1920-10 Cook and Banks Sports Field
Lighting be received
2. The
proposal and lump sum price from Kealec Pty Ltd T/As Sportz Lighting of
$167,220.00 excluding GST be accepted for supply, installation, testing and
commissioning of Cook and Banks Sports Field Lighting at Cook and Banks Oval,
St Clair.
3. The Common
Seal of the Council of the City of Penrith be placed on all documentation as
necessary.
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RR 9 Review
of Procurement Policy
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Councillor Greg Davies requested that an
urgent briefing be held to consider a review of Council’s procurement
policy including all weightings and methods of assessment.
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There being no further business the Chairperson declared the
meeting closed the time being 8:30pm.
I certify that these 12
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 28 October 2019.
____________________
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Chairperson
Date