CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 27 APRIL 2020 AT 7:00PM

 

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, Aaron Duke, Tricia Hitchen, Kath Presdee and John Thain.

WEBCASTING STATEMENT

His Worship the Mayor, Councillor Ross Fowler OAM read a statement advising that Council Meetings are recorded and webcast.

  

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 23 March 2020

68  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that the minutes of the Ordinary Meeting of 23 March 2020 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest - Not Significant n Item 10 – NSW Government Grants – Everyone can Play and Community Building Partnership – Successful Project, as he works for the Office of the Minister of Sport.

 

SUSPENSION OF STANDING ORDERS

69  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm.

 

Ms Mary Vella

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Ms Mary Vella’s application to address the Ordinary meeting and outlined her reasons for opposition to the recommendation as follows:

 

Ms Vella expressed her concerns regarding the proposed land rates for 2020-2021 and the effect on rural landholders. Ms Vella highlighted the financial hardships experienced by various rural landholders and the inability to pay for such a major increase in rates. She also provided a comparison between the rural land rates at surrounding Councils such as Blacktown City Council and Hawkesbury City Council. She also highlighted the lack of Council services provided in the rural areas such as drainage and kerbs and gutters. She requested a review of Council land rates for rural properties.

Mr Mario Pace

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Mr Mario Pace’s application to address the Council meeting and outlined his reasons for opposition to the recommendation as follows:

 

Mr Pace expressed his concerns regarding the increase in Council land rates for rural properties. He stated that rural residents are unfairly disadvantaged and not provided with adequate Council services and facilities such as stormwater drainage, footpaths etc. Mr Pace highlighted that most Council services and amenities are provided to urban areas, rather than rural areas. He requested that Council decrease land rates for rural landholders.  

 

Ms Elisa Tadesco

 

Item 11 - Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)

 

A Council staff member read out Ms Elisa Tadesco’s application to address the Council meeting and outlined her reasons for opposition to the recommendation as follows:

 

Ms Tadesco expressed her concerns in relation to increased land rates on behalf of the Mount Vernon Community and the lack of Council services available. Ms Tadesco also requested that Council assist the members of the community who are experiencing financial hardships by utilising the base rate system.  

 

RESUMPTION OF STANDING ORDERS

70  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown OAM that Standing Orders be resumed, the time being 7:29pm.

  

Mayoral Minutes

 

1        The Passing of David King                                                                        

71  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on The Passing of David King be received.

 

2        The Passing of Garry Rumble OAM                                                          

72  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on The Passing of Garry Rumble OAM be received.

 

3        Mayoral Charity Golf Day                                                                           

73  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa that the Mayoral Minute on Mayoral Charity Golf Day be received.

 


 

 

4        Louise Petchell Sustainability Scholarship                                             

74  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM that the Mayoral Minute on Louise Petchell Sustainability Scholarship be received.

 

5        COVID - 19 Community Support                                                               

75  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

 

That:

 

1.   The Mayoral Minute on COVID - 19 Community Support be received and the measures announced adopted.

 

2.   Council commend the NSW and Australian Governments on their stewardship during this crisis and commit to working in partnership to protect community health and sustain local economies through this crisis.

 

3.   Council endorse Local Government NSW’s sector-wide campaign to obtain financial assistance, employment support and stimulus funding for the local government sector.

4.   Council call on the Australian and NSW Governments to deliver comprehensive and multifaceted financial support and stimulus packages to local government, to enable local government to continue operating effectively and providing essential services during the COVID-19 pandemic and beyond.

 

 

Notices of Motion

 

1        Grading of Rural Gutters                                                                           

76  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council bring a report to a meeting that addresses how we can increase our program of grading for all rural gutters on a two or three year cycle to assist in preventing gutters becoming overgrown and increased water flow which causes damage to roads and property.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 6 April 2020                                                                     

77  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 6 April, 2020 be adopted.

 


 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Interim Centres Strategy for the East West Corridor                             

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

That:

1.     The information contained in the report on Interim Centres Strategy for the East West Corridor be received

2.     Council endorse the Interim Centres Strategy for the East West Corridor.

 

 

Outcome 4 - We have safe, vibrant places

 

2        Greater Sydney Women's Safety Charter                                                

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

That:

1.     The information contained in the report on Greater Sydney Women's Safety Charter be received

2.     Council become a signatory to the Greater Sydney Women’s Safety Charter.

 

3        Kingswood Park Community Action Plan 2019-22                                 

80  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Kingswood Park Community Action Plan 2019-22 be received

2.     That Council endorse the delivery of the Kingswood Park Community Action Plan 2019-22.

 

4        Neighbourhood Renewal Action Plans - Progress Report                    

81  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that the information contained in the report on Neighbourhood Renewal Action Plans - Progress Report be received.

 


 

 

5        RFT 19/20-34 Soper Place Infrastructure                                                 

82  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies

That:

1.     The information contained in the report on RFT 19/20-34 Soper Place Infrastructure be received.

2.     The proposal and lump sum price from Statewide Civil Pty Ltd Pty Ltd for the amount of $2,343,498 (excluding GST) be accepted for the construction of Soper Place Infrastructure subject to the return of an acceptable financial report.

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

 

6        RFT19/20-28 Supply and Installation of Workstations and Office Furniture                                                                                                      

83  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

1.     The information contained in the report on RFT19/20-28 Supply and Installation of Workstations and Office Furniture be received

2.     A panel of suppliers comprising Krost Business Furniture Centre Pty Ltd as preferred supplier and Accent Furniture as second preferred supplier be established for the scope of works outlined in RFT 19/20-28 supply and installation of workstations and office furniture.

 

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

 

7        South Creek Floodplain Risk Management Study and Plan                  

84  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on South Creek Floodplain Risk Management Study and Plan be received.

2.     The South Creek Floodplain Risk Management Study and Plan Final Report dated February 2020 be adopted.

3.     The South Creek 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 South Creek Floodplain Risk Management Study and Plan reports dated February 2020 for inclusion by Council in future Capital Works Programs and for grant funding applications.

5.     Council consider the flood planning recommendations listed in the South Creek Floodplain Risk Management Study and Plan Final Reports 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 South Creek 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

 

8        Penrith Sport and Recreation Strategy                                                    

85  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

That:

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

2.     Council adopt the Penrith Sport and Recreation Strategy.

3.     Council adopt the Penrith Sport and Recreation Strategy Executive Summary.

4.    The mixed recreation facility at Bennett Park, St Marys specifically include a skate park.

 

9        Waterplay Facility in Jamison Park                                                          

86  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that the information contained in the report on Waterplay Facility in Jamison Park be received.

 

10      NSW Government Grants - Everyone Can Play and Community Building Partnership - Successful Projects                                            

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

That:

1.     The information contained in the report on NSW Government Grants - Everyone Can Play and Community Building Partnership - Successful Projects be received

2.     Council endorse the Community Building Partnership (CBP) grants awarded and the funding contribution for the projects at;

-     Brian King Park Playspace, Oxley Park

§ CBP $49,775; Council $140,000

-     Robin Wiles Park Playspace, North St. Marys

§ CBP $9,245; Council $12,000

-     Myrtle Road, Claremont Meadows

§ CBP $24,750; Council $22,500

-     Chapman Gardens Outdoor Fitness Gym, Kingswood

§ CBP $30,000, Council $40,000

 

3.     Council endorse the Everyone Can Play (ECP) grants awarded and the funding contribution for projects at;

-     Brian King Park Playspace, Oxley Park

§ ECP $50,000; Council $140,000

-     Ironbark Reserve, Cranebrook

§ ECP $50,000; Council $121,400

-     The Carriageway, Glenmore Park

§ ECP $40,000; Council $40,000

 

4.     Council endorse entering into funding agreements with NSW Government for the successful CBP and ECP grants awarded.

 

5.     Letters be provided to the successful community organisations providing Council approval to accept the award of CBP grant awards including; Penrith BMX, St Clair Comets JRLC, St Marys Netball Club, and Nepean Naval Museum.

 

6.     Letters of appreciation be provided to community organisations that supported Council’s ECP and CBP grant applications.

 

7.     Letters of appreciation be provided to  The Hon. Stuart Ayres MP, The Hon. Tanya Davies MP, and Ms Prue Car MP thanking them for allocating funding to the CBP and ECP projects.

 

 

 

Outcome 7 - We have confidence in our Council

 

11      Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges)                 

A MOTION was MOVED by Councillor Mark Davies seconded Councillor John Thain

That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

3.     The Public Exhibition arrangements are implemented as detailed in this report, and submission from the community are invited.

4.    Council write to the NSW Premier, The Hon. Gladys Berejiklian, MP and Minister for Local Government, The Hon. Shelley Hancock, MP during the exhibition of the Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) seeking the deferral of the recent valuations issued by the NSW Valuer General.

 

An AMENDMENT was moved by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

          That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

3.     Council not apply the 2.6% IPART determination in 2020-21 so that the total rates levied generates the same level of income as 2019-20 and that Council does not seek to recover that amount on top of the next IPART determination for 2021-22. 

4.     The Public Exhibition arrangements are implemented as detailed in this report and recommendations, and submissions from the community are invited.

The AMENDMENT was PUT.

The AMENDMENT was LOST.

 

88  A FURTHER AMENDMENT was moved by Councillor Mark Davies seconded Councillor John Thain

          That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2020-21 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 4 May 2020 and closing on Monday 1 June 2020 (inclusive).

3.     The Public Exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited. 

4.    Council write to the NSW Premier, The Hon. Gladys Berejiklian, MP and Minister for Local Government, The Hon. Shelley Hancock, MP during the exhibition of the Draft Delivery Program (2017-22) and Draft 2020-21 Operational Plan (including Draft 2020-21 Fees & Charges) seeking the deferral of the recent valuations issued by the NSW Valuer General.

5.    Council advocate to both levels of government for increased support for pensioners including an increase in the Pensioner Rebate to be at least 50%.

The FURTHER AMENDMENT was PUT.

The FURTHER AMENDMENT was CARRIED, and on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

12      Union Road Project                                                                                    

89  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Union Road Project be received

2.     Council resolve to mutually agree to withdraw from the Project Delivery Agreement

3.     The General Manager be delegated to execute the Deed of Termination

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

 

13      Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248       

90  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248 be received

2.     Council permit the registration of a restriction as to the user and a positive covenant relating to the stormwater management system

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

 

14      Audit, Risk & Improvement Committee                                                    

91  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor John Thain that the information contained in the report on Audit, Risk & Improvement Committee be received.

 

15      Insurance Contributions 2020/21                                                              

92  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Insurance Contributions 2020/21 be received.

2.     Council retains its $100,000 claims excess for Public Liability & Professional Indemnity cover and agrees to pay a contribution of $917,000 to CivicRisk West for this cover.

3.     Council retains its $20,000 claims excess for Industrial Special Risk (Property) cover and agrees to pay a contribution of $867,000 to CivicRisk Mutual for this cover.

4.     Council retains its $2,000 excess for comprehensive motor vehicle cover and agrees to pay a contribution of $249,000 to CivicRisk Mutual for this cover.

5.     Council agrees to pay a contribution of $117,000 for Management Liability cover.

6.     Council agrees to pay a contribution of $38,000 for Fidelity Guarantee / Crime cover.

7.     Further investigations be carried out in conjunction with the broker, Willis Towers Watson, regarding the purchase of tailored flood insurance.

 

16      Summary of Investment & Banking for the Period 1 March 2020 to 31 March 2020                                                                                                  

93  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 March 2020 to 31 March 2020 be received

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 March 2020 to 31 March 2020 be noted and accepted.

3.     The graphical investments analysis as at 31 March 2020 be noted.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           20 Robert Street, Penrith   

Councillor Kevin Crameri OAM requested a memorandum to all Councillors regarding the heritage listing of the building located at 20 Robert Street, Penrith and if a heritage study was carried out.

 

RR 2           Property Matter - Terrybrook Road, Llandilo        

Councillor Kevin Crameri OAM requested that a matter be referred to Committee of the Whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 3           David King Memorial Award       

Councillor Greg Davies requested that Council consider creating a David King memorial award in remembrance of his outstanding service and childcare advocacy work.  

 

Committee of the Whole

 

94  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:26pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Acquisition for Carparking                                                                                               

 

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        Financial Position - COVID-19                                                                                         

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        Property Matter – Terrybrook Road, Llandilo

 

This item has been referred to Committee of the Whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 10:07pm and the General Manager reported that the Committee of the Whole met at 9:26pm on Monday, 27 April 2020, 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, Aaron Duke, 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        Acquisition for Carparking                                                                                               

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

CW2 That:

1.     The information contained in the report on Acquisition for Carparking be received.

2.     Council make an application to the Minister and the Governor for approval  to acquire the interests described in BK 3398 No 627 Easement for Support 8.5 metre(s), BK 3398 No 627 Right of Carriageway 8.5 metre(s) in title Lot 1 Deposited Plan 1255137 and Easement for Support Variable Width (R679226) shown in DP452461 by compulsory process under section 186(1) of the Local Government Act 1993 for the purpose of public carparking in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

3.     Council approve the extinguishment of the interests described in BK 3398 No 627 Easement for Support 8.5 metre(s), BK 3398 No 627 Right of Carriageway 8.5 metre(s) in title Lot 1 Deposited Plan 1255137 and Easement for Support Variable Width (R679226) shown in DP452461.

 

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

 

 

3        Financial Position - COVID-19                                                                                         

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

CW3 That the information contained in the verbal report on Financial Position - COVID-19 be received.

 

 

4        Property Matter – Terrybrook Road, Llandilo       

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

CW4  That the information discussed be noted.

 

 

ADOPTION OF Committee of the Whole

 

95  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen that the recommendation 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 10:12pm.

 

 

 

I certify that these 13 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 April 2020.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date