CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 25 NOVEMBER 2019 AT 7:03PM

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, Deputy Mayor, Councillor Karen McKeown OAM, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Tricia Hitchen, Kath Presdee and John Thain.

  

APOLOGIES

242  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Greg Davies that the apology received from Councillor Aaron Duke be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 28 October 2019

243  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 28 October 2019 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 -  RFT19/20-01 Security Services  as her family has an association with one of the tenderers who were unsuccessful in bidding for this tender.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 12 – Acceptance of Cricket Facility Grants as he works for the Office of the Minister for Sport whose portfolio is responsible for the allocation of funding to the ICC World T20 2020 Cricket Legacy Fund.   Councillor Bratusa stated that he would leave the meeting  during debate and voting on this item.

 


 

  

Notices of Motion

 

1        Code of Conduct - referral of complaints to a conduct reviewer          

244  A MOTION was moved by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

 

          That:

 

1.       Council write to the Office of Local Government (OLG) requesting an      amendment to the Procedures for the Administration of the Model Code    of Conduct for Councils in NSW (the Procedures) requiring the               appointment of conduct reviewers in relation to complaints about            councillors be made by the OLG rather than the council’s complaints      coordinator.

 

2.         Council write to the Department of Premier and Cabinet and Local Government NSW advising of Council’s representations to the OLG.

 

Councillor Marcus Cornish called for a DIVISION.

 

For

Against

 

Councillor Kevin Crameri OAM

Councillor Kath Presdee

Councillor Jim Aitken OAM

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Karen McKeown OAM

 

Councillor John Thain                              

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

The MOTION was LOST.

 

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 9 October 2019                                                                                                               

245  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 9 October, 2019 be adopted.

 


 

 

2        Report and Recommendations of the Resilience Committee Meeting held on 6 November 2019                                                                                                        

246  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 November, 2019 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 11 November 2019                                                                                                

247  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 November, 2019 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        RFT19/20-15  Child Care Management Software                                     

248  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.     The information contained in the report on RFT19/20-15  Child Care Management Software be received.

2.     HubHello Pty Ltd be awarded the contract for Child Care Management Software for a period of six (6) years with an option to extend for a further two (2) by two (2) years.

3.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

 

 

Outcome 2 - We plan for our future growth

 

2        Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway                                                                            

249  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Comments in Response to the Exhibited Environmental Impact Statement for the Proposed M12 Motorway be received.

2.     The matters identified within this report be included as a submission to the NSW Department of Planning, Infrastructure and Environment for their consideration and address in the assessment of the State Significant Infrastructure application.

3.     Upon receipt of a response to Council’s submission, a memorandum is to be circulated to all Councillors outlining the nature and outcome of the response received.

 

3        Western Parkland City Overseas Study Tour                                          

250  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies

That:

1.     The information contained in the report on Western Parkland City Overseas Study Tour be received

2.     Council authorise the attendance of the Mayor and Councillor John Thain to attend the 2020 City Deal Study Tour.

3.     The General Manager be authorised to make arrangements for Council participation in the 2020 City Deal Study Tour to the United Kingdom and Amsterdam once final details have been provided.

 

 

Outcome 3 - We can get around the City

 

4        Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding                                                                                  

251  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Western Sydney Infrastructure Plan, Local Roads Package, Round 3, Acceptance of funding be received

2.     Council write to the General Manager, Western Sydney Infrastructure Plan, RMS, to accept the funding offer for the projects as listed in the report.

3.     Council write to the Minister for Infrastructure, Transport and Regional Development, Minister for Population, Cities and Urban Infrastructure, and Local Members expressing appreciation for their support and funding.

 

 

Outcome 4 - We have safe, vibrant places

 

5        Naming of the Indoor Pool at Ripples St Marys                                      

252  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia  Hitchen

That:

1.     The information contained in the report on Naming of the Indoor Pool at Ripples St Marys be received

2.     Council endorse the name of the indoor swimming venue as Alan Brown Memorial Pool, Ripples St Marys.

 

3.     A plaque reflecting the name of the venue and Alan Brown’s contribution to the community be installed.

 

6        RFT18/19-15 Minor Mechanical Service                                                   

253  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT18/19-15 Minor Mechanical Service be received

2.     A new three (3) year contract with the option to extend for a further two (2) x one (1) year periods, subject to satisfactory performance and execution of a formal agreement to be awarded to Katopa Holdings Pty Ltd for the specified services in accordance with the terms and conditions of the Tender

3.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary

 

7        RFT19/20-01 Security Services                                                                                                                                                                                                                                                          

254  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT19/20-01 Security Services                                                                                                                                     be received.

2.     A new 3-year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to Piekar Comm Services for the specified services in accordance with the terms and conditions of the Tender with a requirement to provide financial and other information to support ongoing financial reviews at the request of the Council

3.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

 

 

Outcome 5 - We care about our environment

 

8        RFT19/20-09 Uneven Terrain Mowing and Clearing                               

255  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on RFT19/20-09 Uneven Terrain Mowing and Clearing be received

2.     Envirocivil Pty Ltd be appointed as the preferred contractor for the hire of specialised plant with an operator to undertake uneven terrain mowing and clearing work for a period of three (3) years with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance.

3.     Heaton Contracting Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unavailable or does not have the capacity to provide the service.

4.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

 

9        RFT19/20-16 Asbestos Removal and Treatment Services                     

256  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on RFT19/20-16 Asbestos Removal and Treatment Services be received.

2.     A panel of experts for asbestos consulting services be established that includes Beasy Pty Ltd, Absolute Environmental Services Pty Ltd and RMA Contracting Pty Ltd.

3.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

 

10      Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland                                        

257  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Acceptance of Grant Funding - NSW Environmental Trust Restoration and Rehabilitation of Cumberland Plain Woodland be received

2.     Council accept the offer of grant funding of $84,552 from the  NSW Department of Planning, Industry and Environment for Community education events across the LGA.

3.     Council write to relevant State Members thanking them for their funding support towards delivering community engagement initiatives toward bushland management.

 

11      60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020                                                                        

258  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor John Thain

That:

1.      The information contained in the report on 60th Annual Floodplain Management Australia Conference - Tuesday, 19 May to Friday, 22 May 2020 be received.

 

 

 

2.      Council nominate Councillors Marcus Cornish, Kevin Crameri OAM and Jim Aitken OAM as its delegates to the 2020 Floodplain Management Australia Conference and Workshops to be held in Toowoomba, Queensland from Tuesday, 19 May to Friday, 22 May 2020 and grant of leave absence as appropriate.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 12, Councillor Bernard Bratusa left the meeting, the time being 7:26pm.

 

12      Acceptance of Cricket Practice Facility Grants                                      

259  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright

That:

1.   The information contained in the report on Acceptance of Cricket Practice Facility Grants be received.

2.   Council endorse acceptance of the grants awarded to the projects to upgrade cricket practice facilities at Shepherd Street Reserve (Potter Fields), Colyton and Dukes Oval, Emu Plains, including:

   -        NSW Government’s ICC World T20 2020 Cricket Legacy Fund                $44,500     

   -        Cricket NSW Australian Cricket Infrastructure Fund $45,000

       -        NSW Government’s Community Building Partnership (2017 project                 redistribution) $35,000

 

       -        Nepean District Cricket Association $15,000

 

3.   Council endorse the allocation of $35,000 from the 2019/2020 Parks Asset Renewal Program as a contribution to the development of cricket practice facilities at Shepherd Street (Potter Fields), Colyton.

 

4.   Council endorse the allocation of $55,500 from the 2019/2020 Local Open Space Action Plan s7.11 as a contribution to the development of cricket practice facilities at Dukes Oval, Emu Plains.

 

5.   Letters of thank you be provided to the NSW State Government, Cricket Australia, Cricket NSW and the Nepean District Cricket Association.

 

 

Councillor Bernard Bratusa returned to the meeting, the time being 7:27pm.

 


 

 

13      The naming of the scoreboard at Howell Oval, Penrith                         

260  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on The naming of the scoreboard at Howell Oval, Penrith  be received

2.     Council endorse the naming of the scoreboard at Howell Oval, The Pat Cummins Scoreboard.

 

14      Shade Facilities and Policy for Playspaces                                             

261  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Shade Facilities and Policy for Playspaces be received.

2.     Council adopt the Shade Facilities at Playspaces Policy.

3.     $2,240,000 for the provision of artificial and natural shade to 83 playgrounds, to be installed over a three-year program 2020-2023, be allocated from the Financial Management Reserve.

 

15      Everyone Can Play Grants 2019-20                                                          

262  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Greg Davies

That:

1.     The information contained in the report on Everyone Can Play Grants 2019-20 be received

2.     Council endorse the allocation of existing budgets as contributing funds to enable grant applications for improvements to Brian King Park, Ironbark Reserve, The Carriageway, Peter Kearns Memorial Oval.

-     Parks Asset Renewal Program 2019/2020 - $205,000

-     Local Open Space Action Plan 7.11 - $30,114

-     Grants Reserve - $50,000

 

3.     Council endorse the submission of grant applications to the NSW Government’s Everyone Can Play program for the following projects: 

 

·    Brian King Park, Oxley Park

Accessible pathway connections, static fitness equipment and tree planting.

 

·    Ironbark Reserve, Cranebrook

Accessible pathway connections, accessible shelter, inclusive play and tree planting.

 

·    The Carriageway, Glenmore Park

Accessible picnic seating and additional inclusive play equipment.

 

·    Peter Kearns Memorial Oval, St. Clair

Accessible pathway connections, accessible shelter, formalised playspace edging and tree planting.

 

 

16      2018/19 Metropolitan Greenspace Program                                            

263  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on 2018/19 Metropolitan Greenspace Program be received

2.     Council accept the $600,000 allocated by the NSW Department of Planning, Industry and Environment through the 2018/19 Metropolitan Greenspace Program to develop the Penrith Green Grid Strategy and Implementation Plan ($400,000) and the Penrith Lakes Spatial Framework - Great River Walk Corridor ($200,000).

3.     A letter of thank you be provided to the NSW Department of Planning, Industry and Environment for the allocation of $600,000 to realise the Penrith Green Grid Strategy and Implementation Plan, and the Penrith Lakes Spatial Framework – Great River Walk Corridor.

 

17      Draft Penrith Sport and Recreation Strategy - Public Exhibition          

Councillor Kevin Crameri OAM left the meeting, the time being 7:38pm.

264  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Todd Carney

That:

1.     The information contained in the report on Draft Penrith Sport and Recreation Strategy - Public Exhibition be received

2.     A communications plan is to be developed to advise the community about the draft Penrith Recreation Sport and Recreation Strategy and the community consultation process.

3.     Community consultation is to be undertaken between January and March 2020.

4.     A further report be provided to Council’s Ordinary Meeting at the end of March 2020 outlining the outcomes of the consultation and, where necessary, proposing a strategic response.

 

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:41pm.


 

 

Outcome 7 - We have confidence in our Council

 

18      RFT 19/20-21 Manufacture and Delivery of Caravans                            

265  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on RFT 19/20-21 Manufacture and Delivery of Caravans be received

2.     Traymark Industrial Caravans Pty Ltd, for the lump sum price of $669,553 (excluding GST), be awarded for the Manufacture and Delivery of both four (4) single axle works caravans and five (5) dual axle works caravans.

3.     The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary.

 

19      Conduct of the 2020 Local Government Election                                   

266  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Conduct of the 2020 Local Government Election be received.

2.     A tender process not be entered into in accordance with Section 55 (3)(i) of the Local Government Act 1993 because a satisfactory result would not be achieved due to the unavailability of competitive tenderers

3.     The General Manager be authorised to engage the Australian Election Company to administer the election subject to a satisfactory terms being agreed upon.

4.     Council write to the Office of Local Government and NSWEC advising of this decision and of the nominated Returning Officer and Substitute Returning Officer when this information is available.

5.     The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary.

 

20      2018-19 Penrith City Council Annual Report                                           

267  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on 2018-19 Penrith City Council Annual Report be received

2.     The 2018-19 Annual Report be endorsed for submission to the NSW Office of Local Government by 30 November 2019.

 

 


 

 

22      Organisational Financial Review - September 2019                               

268  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Organisational Financial Review - September 2019 be received.

2.     The Organisational Financial Review - September 2019 as at 30 September 2019, including the revised estimates outlined in this report and detailed in the Organisational Report - September 2019, be adopted.

 

24      2020 Proposed Council Meeting Calendar                                              

269  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on 2020 Proposed Council Meeting Calendar be received.

2.     The draft Meeting Calendar for 2020 be adopted.

 

25      Outcomes of recent legal proceedings                                                    

270  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM that the information contained in the report on Outcomes of recent legal proceedings be received.

 

26      Summary of Investment & Banking for the Period 1 October 2019 to 31 October 2019                                                                                                     

271  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 October 2019 to 31 October 2019  be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 October 2019 to 31 October 2019 be noted and accepted.

3.     The graphical investment analysis as at 31 October 2019 be noted.

 

21      Adoption of the Engagement Strategy, with the Community Participation Plan

272  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Adoption of the Engagement Strategy, with the Community Participation Plan be received.

2.     The General Manager be granted delegation to update and finalise the Community Engagement Strategy, with the Community Participation Plan before the adopted document is published.

3.     The adopted Community Engagement Strategy, including the Community Participation Plan be published on the NSW Department of Planning and Environment’s Planning Portal by 1 December.

4.     Graphically designed and accessible version of the adopted Community Engagement Strategy, with the Community Participation Plan be uploaded on the website by 31 January 2020.

5.     Local known community networks be contacted regarding their areas of interest.

 

23      Code of Conduct - Report on Complaints Statistics                              

273  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1.     The information contained in the report on Code of Conduct - Report on Complaints Statistics be received

2.     A copy of this report along with the complaints statistics provided in accordance with 12.1 of the Model Code Procedures be forwarded to the Office of Local Government.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Repaving of Seventh Avenue, Llandilo        

Councillor Marcus Cornish requested that priority be given to the repaving of Seventh Avenue, Llandilo between Terrybrook Road and Third Avenue due to its current state of disrepair.

 

Councillor Todd Carney left the meeting, the time being 7:55pm.

 

RR 2           Provision of Children's Water Fountain at Jamison Park      

Councillor Marcus Cornish requested a report to Council outlining the cost of, and method of, funding a children’s water fountain in Jamison Park, similar to the water fountain located in the Triangle Park, Penrith.

 

Councillor Todd Carney returned to the meeting, the time being 7:57pm.

 

RR 3           Provision of Exercise Equipment along Great River Walk     

Councillor Tricia  Hitchen requested a memo reply providing information on the feasibility of providing exercise equipment along the Great River Walk.

 

RR 4           Use of Mains Water for Dust Suppression on Roads    

Councillor Tricia  Hitchen requested a memo reply addressing her concerns regarding the use of mains water for dampening roads in the Penrith LGA, given the current drought crisis in New South Wales.

 

RR 5           Provision of Truck Rest Area on The Northern Road    

Councillor Kevin Crameri OAM requested a memo reply detailing any response received by Council from Local State Members and the Premier of New South Wales regarding Council’s request that they make representations to Roads and Maritime Services seeking the reinstatement of a truck rest area on The Northern Road within the Penrith Local Government Area, and if Council has not received a reply from the Premier or responsible Minister, the Mayor send further letters to follow up.

 

RR 6           Fire Breaks on Fire Prone Rural Land in Penrith Local Government Area

Councillor Kevin Crameri OAM requested a report on fire breaks, seeing as most fires in New South Wales are coastal will Council allow full fire breaks on fire prone land that applies to all rural RU4 land in New South Wales.

 

RR 7           Removal of 88B Instrument on Property at 149-155 Boundary        Road, Cranebrook       

Councillor Kevin Crameri OAM requested a report to Council on the removal of the 88B Instrument on the property at 149-155 Boundary Road, Cranebrook.

 

RR 8           Chronological Report on Issues concerning 12 Judd Street,          Berkshire Park          

Councillor Kevin Crameri OAM requested a chronological report addressing all issues he has raised concerning 12 Judd Street, Berkshire Park.

 

RR 9           Christmas Tree Lighting - St Marys    

Councillor Greg Davies conveyed his congratulations to members of the Committee of the St Marys CBD Corporation and all others involved in organising the Christmas Tree lighting event held in Coachman’s Park, St Marys on 22 November 2019.

 

RR 10         Award for Park and Facilities Replacement Program - Erskine Park

Councillor Greg Davies conveyed his congratulations to Council on its award winning achievement with regard to the park and facilities replacement program at Erskine Park.

 

RR 11         Retirement of Erich Weller 

Councillor Greg Davies conveyed his congratulations to Council’s Community and Cultural Development Manager, Mr Erich Weller, on his upcoming retirement, and on behalf of all Councillors requested the General Manager pass on their best wishes for his retirement, thanking him for his contribution to the Penrith community.

 


 

 

Committee of the Whole

 

274  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jim Aitken OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:12pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Kath Presdee seconded Councillor Jim Aitken OAM that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 7

 

2        Commercial Lease - 118 Henry Street, Penrith (Lot 1 DP 113118) - Rivers Retail Holdings Pty Ltd                                                                                                                

 

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        Partial acquisition of Lot 1 DP1139256 for road widening purposes                          

 

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        Regatta Park Project - Property Acquisition                                                                  

 

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 8:21pm and the General Manager reported that the Committee of the Whole met at 8:12pm on 25 November 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, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Tricia Hitchen, 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

 

2        Commercial Lease - 118 Henry Street, Penrith (Lot 1 DP 113118) - Rivers Retail Holdings Pty Ltd                                                                                                                

RECOMMENDED on the motion of Councillor Greg Davies seconded Councillor Mark Davies

CW2 That:

1.     The information contained in the report on Commercial Lease - 118 Henry Street, Penrith (Lot 1 DP 113118) - Rivers Retail Holdings Pty Ltd 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.

 

3        Partial acquisition of Lot 1 DP1139256 for road widening purposes                          

RECOMMENDED on the motion of Councillor Greg Davies seconded Councillor Brian Cartwright

CW3 That:

1.     The information contained in the report on Partial acquisition of Lot 1 DP1139256 for road widening purposes be received.

2.     Council acquire part Lot 1 DP1139256 in accordance with the terms and conditions listed within the report.

3.     The Common Seal of the Council of the City of Penrith be placed on necessary documentation.

 

4        Regatta Park Project - Property Acquisition                                                                  

RECOMMENDED on the motion of Councillor Tricia Hitchen seconded Councillor Kevin Crameri OAM

CW4 That:

1.     The information contained in the report on Regatta Park Project - Property Acquisition be received.

2.     Council make an application to the Minister and the Governor for approval to acquire the land described as Lots 1-4 DP 342116 by compulsory process under section 186(1) of the Local Government Act 1993 for the purpose of the Regatta Park Project (public recreation) in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3.     Council make an application to the Minister and the Governor for approval to acquire the leasehold interest of Lots 1-4 DP 342116 by compulsory process under section 186(1) of the Local Government Act 1993 for the purpose of the Regatta Park Project (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 in accordance with section 31 of the Local Government Act 1993.

5.     Council requests the Minister for Local Government approve a reduction in the notification period from 90 days to 30 days. 

 

 

ADOPTION OF Committee of the Whole

 

275 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:22pm.

 

 

 

I certify that these 16 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 25 November 2019.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date