OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 23 MARCH 2020 AT 7:04PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
WEBCASTING STATEMENT
His Worship the Mayor, Councillor Ross Fowler OAM read a statement advising that Council Meetings are recorded and webcast.
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 Bernard Bratusa (arrived 7:05pm), Todd Carney, Brian Cartwright, Robin Cook, Kevin Crameri OAM, Mark Davies, Aaron Duke, Tricia Hitchen, Kath Presdee and John Thain.
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41 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that apologies be accepted from Councillors Aaron Duke, Jim Aitken OAM, Marcus Cornish and Greg Davies. |
DECLARATIONS OF INTEREST
There were no declarations of interest.
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43 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Retirement of Murray Wilcockson be received. |
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44 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the Mayoral Minute on Council's response to COVID-19 be received. |
Outcome 2 - We plan for our future growth
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2 Section 7.12 Development Contributions Plan for non-residential development |
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49 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright That: 1. The information contained in the report on Section 7.12 Development Contributions Plan for non-residential development be received 2. Council endorse the draft Section 7.12 Development Contributions Plan for non-residential development for public exhibition. 3. The plan is exhibited for a period of 28 days and undertaken in accordance with the requirements of Councils Community Participation Plan and the Environmental Planning & Assessment Act Regulations. 4. A report be presented to Council on submissions received during the public exhibition. 5. Council adopt the draft additional works list for a higher rate level in order to commence discussions with the Department of Planning, Industry and Environment on pursuing a greater rate levy for this Plan. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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3 Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition |
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50 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney That: 1. The information contained in the report on Penrith Development Control Plan 2014 Housekeeping Amendments for Public Exhibition be received. 2. The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition. 3. Amendments to draft Penrith Development Control Plan 2014 be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations and Councils Community Participation Plan. 4. A further report be presented to Council following the public exhibition. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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4 Draft submission to Fernhill Estate Future Use Options Paper |
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51 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook That: 1. The information contained in the report on Draft submission to Fernhill Estate Future Use Options Paper be received 2. Council endorse the Fernhill Estate Future Use Submission to be provided to Department of Planning, Industry & Environment for consideration. |
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52 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain That: 1. The information contained in the report on Planning Proposal 33-43 Phillip Street, St Marys be received. 2. Council endorse the Planning Proposal for Station Plaza at 33-43 Phillip Street, St Marys provided in the separate enclosure to this report, subject to the VPA being signed. 3. The Department of Planning, Industry and Environment are notified of Councils intention to make the amendment to Penrith Local Environmental Plan 2010 after the VPA is executed. 4. A VPA be prepared in accordance with the Environmental Planning & Assessment Act 1979 and letter of offer, and be notified and executed. 5. The draft VPA be reported back to Council for its consideration. 6. Council officers forward the Planning Proposal to Parliamentary Counsel for an opinion in accordance with the plan making process, after the VPA has been executed. 7. Consistent with our plan making delegations, Council make the required amendment to Penrith Local Environmental Plan 2010. 8. Council authorise the General Manager to execute all necessary documents and do all necessary things to give effect to the Council’s decision to make the amendment to the Penrith Local Environmental Plan 2010. 9. The Department of Planning, Industry and Environment be provided with a copy of the amended plan for notification. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Outcome 3 - We can get around the City
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53 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on 2020-21 Blackspot and Safer Roads Program Funding Offer be received. 2. Council acknowledge acceptance of grant funding of $1,250,000 offered for the Blackspot and Safer Roads Projects shown in Tables 1 for the 2020/21 financial year. 3. Council write to relevant State and Federal Members thanking them for their continued support of road safety improvements. |
Outcome 4 - We have safe, vibrant places
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7 Application to NSW Government Infrastructure Grant 2019-20 |
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54 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies That: 1. The information contained in the report on Application to NSW Government Infrastructure Grant 2019-20 be received 2. Council endorse the allocation of $83,750 from the Grant Funded Projects Reserve 3. Council endorse Neighbourhood Renewal’s application to the NSW Government’s Infrastructure Grant 2019-20 for a new BBQ facility, playspace and dynamic fitness equipment at Robin Wiles Park, North St Marys. |
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55 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee That: 1. The information contained in the report on RFT19/20-27 Kingswood Pedestrian Lighting be received 2. Remaining available funds from the rescinded Kingswood Neighbourhood Centre Development Contributions Plan be allocated toward the Kingswood Pedestrian Lighting Project. 3. The proposal and Lump sum price from Stowe Australia Pty Ltd of $529,494.00 excluding GST be accepted for RFT19/20-27Kingswood Pedestrian Lighting, Kingswood. 4. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary.
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9 RFT19/20-37 Design and Construction of Shade Sails and Structures |
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56 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Karen McKeown OAM That: 1. The information contained in the report on RFT19/20-37 Design and Construction of Shade Sails and Structures be received 2. Tender received from Central Industries Pty Ltd, be accepted to form a three (3) year schedule of rates contract, with an option to extend two (2) x one (1) year periods by mutual agreement, subject to satisfactory performance 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. |
Outcome 5 - We care about our environment
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10 Penrith Central Business District Floodplain Risk Management Study and Plan |
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57 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa That: 1. The information contained in the report on Penrith Central Business District Floodplain Risk Management Study and Plan be received. 2. The Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 be adopted. 3. The Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 be published and made available on Council’s website. 4. Council further consider the recommended mitigation works in the Penrith CBD Floodplain Risk Management Study and Plan for inclusion by Council in future Capital Works Programs and for grant funding applications. 5. Council consider the flood planning recommendations listed in the Penrith CBD Floodplain Risk Management Study and Plan Final Report dated March 2020 when reviewing its Development Control Plan 2014, and the Local Environmental Plan 2010. 6. Council write to those who made submissions advising of Council’s resolution. 7. Council write to relevant State and Federal Members of Parliament advising them of the adoption of the Penrith CBD Floodplain Risk Management Study and Plan and thanking them for their continued support of Council’s Floodplain Management program. |
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11 St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan |
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58 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa That: 1. The information contained in the report on St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan be received. 2. The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 be adopted. 3. The St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 be published and made available on Council’s website. 4. Council further consider the recommended mitigation works in the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan for inclusion by Council in future Capital Works Programs and for grant funding applications. 5. Council consider the flood planning recommendations listed in the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan Final Report dated February 2020 when reviewing its Development Control Plan 2014, and the Local Environmental Plan 2010. 6. Council write to those who made submissions advising of Council’s resolution. 7. Council write to relevant State and Federal Members of Parliament advising them of the adoption of the St Marys (Byrnes Creek) Catchment Floodplain Risk Management Study and Plan and thanking them for their continued support of Council’s Floodplain Management program. |
Outcome 6 - We are healthy and share strong community spirit
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12 RFT19/20-36 Construction of Kingsway Sports Fields Councillor Todd Carney left the meeting, the time being 7:36pm. |
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59 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on RFT19/20-36 Construction of Kingsway Sports Fields be received 2. The tender received from Romba Pty Ltd, for the amount of $1,176,445.59 (excluding GST) be accepted for construction the fields and all associated works subject to the provision of additional securities. 3. Tender options one $223,104.75, option two $16,500.00, option three $39,226.00, and option nine $115,500.00 (all excluding GST) be accepted for a total of $394,330.75 (excluding GST). 4. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. |
Outcome 7 - We have confidence in our Council
Councillor Todd Carney returned to the meeting, the time being 7:37pm.
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13 Caddens Road Upgrade - Dedication of Council Land for Road Widening Purposes |
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60 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright That: 1. The information contained in the report on Caddens Road Upgrade - Dedication of Council Land for Road Widening Purposes be received. 2. Council dedicate part Lots 196 -197 DP1169281 and part Lot 4 DP813516 for the purposes of Public Road in accordance with the terms and conditions listed in the report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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14 Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976 |
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61 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright That: 1. The information contained in the report on Caddens Road Upgrade - Easement for Electrical Purposes -Lot 499 DP 1197976 be received. 2. Council grant an easement over Lot 499 DP 1197976 as per 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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15 2020 Australian Local Government Association (ALGA) Annual General Assembly |
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62 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook That: 1. The information contained in the report on 2020 Australian Local Government Association (ALGA) Annual General Assembly be received. 2. Subject to the Annual General Assembly being held, the motion outlined in tonight’s report with respect to the Fire Technician Course be endorsed. |
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16 Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782 |
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63 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Brian Cartwright That: 1. The information contained in the report on Council Nursery Revitalisation Project - Easement for underground cables - Lot 112 DP774782 be received. 2. Council grant an Easement over Lot 112 DP774782 for the electrical infrastructure as per 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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17 Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020 |
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64 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright That: 1. The information contained in the report on Summary of Investment & Banking for the Period 1 January 2020 to 31 January 2020 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 January 2020 to 31 January 2020 be noted and accepted. 3. The graphical investment analysis as at 31 January 2020 be noted. |
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18 Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020 |
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65 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright That: 1. The information contained in the report on Summary of Investment & Banking for the Period 1 February 2020 to 29 February 2020 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 February 2020 to 29 February 2020 be noted and accepted. 3. The graphical investment analysis as at 29 February 2020 be noted
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REQUESTS FOR REPORTS AND MEMORANDUMS
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RR 1 Refunds for Sportsfield and Recreation Facility Bookings |
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Councillor Bernard Bratusa requested a memo reply advising whether refunds could be granted to organisations who have booked sportsfields and recreation facilities which have now become unavailable for hire. |
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Councillor Kevin Crameri OAM requested a memo reply regarding not charging cafes and restaurants in the Penrith Local Government Area the fee for use of footpaths for outdoor dining during the current Coronavirus crisis, as they are unable to trade in this manner. |
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Councillor Ross Fowler OAM requested that a Personnel Matter be referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest. |
66 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:47pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Karen McKeown OAM 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 Seeking Council resolution to use Reasonable Force - 5 Whitbeck Place, Cranebrook
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Removal of Easement over Property at 149-155 Boundary Road, Cranebrook
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
4 Property Matter - Proposed Acquisition (Commercial Matter – Diversification of Council’s Property Investment Portfolio)
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.
5 Personnel Matter
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 8:05pm and the General Manager reported that the Committee of the Whole met at 7:47pm on 23 March 2020, the following being present
His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Karen McKeown OAM, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Kevin Crameri OAM, 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
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2 Seeking Council resolution to use Reasonable Force - 5 Whitbeck Place, Cranebrook |
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RECOMMENDED on the MOTION of Councillor Brian Cartwright seconded Councillor John Thain CW2 That: 1. The information contained in the report on Seeking Council resolution to use Reasonable Force - 5 Whitbeck Place, Cranebrook be received. 2. Council resolve under s.377(p) of the Local Government Act 1993 allowing Council’s Compliance officers and engaged contractors to use reasonable force to enter 5 Whitbeck Place, Cranebrook to give effect to the terms of the Order issued on 13 December 2019. |
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3 Removal of Easement over Property at 149-155 Boundary Road, Cranebrook |
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RECOMMENDED on the MOTION of Councillor Karen McKeown seconded Councillor Tricia Hitchen CW3 That: 1. The information contained in the report on Removal of Easement over Property at 149-155 Boundary Road, Cranebrook be received. 2. No further action be taken by Council in this matter except in extenuating circumstances, should they arise. Councillor Kevin Crameri OAM requested that his name be recorded has having voted AGAINST the MOTION. |
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4 Property Matter - Proposed Acquisition (Commercial Matter – Diversification of Council’s Property Investment Portfolio) |
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RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright CW4 That: 1. The information contained in the report on Property Matter - Proposed Acquisition (Commercial Matter – Diversification of Council’s Property Investment Portfolio) be received. 2. Council resolve to adopt the recommendations as listed within the body of this 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. |
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RECOMMENDED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright CW5 That: 1. The information contained in the report on Decision making arrangements between Council meetings be received 2. Council’s functions which would normally warrant reporting to Council be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, or in his absence the Deputy Mayor. 3. Councillors be advised of the functions of the Council exercised by the General Manager under delegation should such be made. |
ADOPTION OF Committee of the Whole
67 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:06pm.
I certify that these 13 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 23 March 2020.
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Chairperson Date