OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 27 JULY 2020 AT 7:03PM
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 His Worship the Mayor, Councillor Ross Fowler OAM.
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 (arrived 7:08pm), Mark Davies (arrived 7:05pm), Aaron Duke, Tricia Hitchen, Kath Presdee and John Thain.
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143 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Karen McKeown OAM that the minutes of the Ordinary Meeting of 22 June 2020 be confirmed. |
Councillor Mark Davies arrived at the meeting, the time being 7:05pm.
DECLARATIONS OF INTEREST
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 – Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade as his wife is the State Member for Mulgoa and was involved in the granting of the funds for this upgrade. Councillor Mark Davies stated that he would not take part in debate or voting on this item.
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – COVID-19 Community Recovery Fund - Projects recommended for funding as he is a Director of an organisation recommended to receive funding under this program.
Councillor Mark Davies stated that he would not take part in debate or voting on this item.
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7 – Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade as he is an employee of the Minister for Sport, who administers this grant. Councillor Bratusa stated that he would not take part in debate or voting on this item.
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 10 – RFT19/20-26 Mark Leece Amenity Upgrade as he is an employee of the Minister for Sport, who administers the grant for this project. Councillor Bratusa stated that he would not take part in debate or voting on this item.
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest - Significant in Item 21 – Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement as he is the Auditor for this organisation. Councillor Fowler stated that he would leave the meeting during consideration of this item.
Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 21 – Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement as he is a Director of this organisation. Councillor Thain stated that he would not take part in debate or voting on this item.
Councillor Greg Davies arrived at the meeting, the time being 7:08pm.
Outcome 2 - We plan for our future growth
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147 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Brian Cartwright That: 1. The information contained in the report on Penrith Developer Infrastructure Agreements Policy be received. 2. Council endorse the draft Penrith Developer Infrastructure Agreements Policy for public exhibition for a period of 28 days and advertise the exhibition on Council’s website and local newspaper. 3. A further report be provided to Council providing a review of any submissions received during the exhibition period. |
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148 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Submission to NSW Flood Prone Land Package be received. 2. Council endorse the submission provided as Appendix 1 to be forwarded to NSW Department of Planning, Industry, and Environment for their consideration. |
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4 Submission to the Discussion Paper: A Housing Strategy for NSW |
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149 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown OAM That: 1. The information contained in the report on Submission to the Discussion Paper: A Housing Strategy for NSW be received 2. Council endorse the draft submission at Attachment 2 allowing it to be sent as a final submission to the Department of Planning, Industry and Environment on the Discussion Paper: A Housing Strategy for NSW, May 2020
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Outcome 3 - We can get around the City
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150 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Road classification review and transfer be received 2. Council write to Local State Members to seek their support for the proposed Road Re-classifications as detailed in the report. 3. The NSW Government be requested to work with Western Sydney Councils to establish a future road hierarchy to support the Western City and through same, establish a classification framework which provides certainty of funding, ownership and maintenance for the growth area road network.
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Outcome 4 - We have safe, vibrant places
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151 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen That: 1. The information contained in the report on RFT19/20-42 Kingswood Pedestrian Lighting be received 2. The Tender from Stowe Australia Pty Ltd for the amount of $358,320 (excluding GST) and tender options one $151,880, and option four $50,310, for a total of $560,510 (excluding GST) be accepted for RFT19/20-42 Kingswood Pedestrian Lighting, Kingswood. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. |
Outcome 6 - We are healthy and share strong community spirit
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7 Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade |
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152 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright That: 1. The information contained in the report on Round 2 - NSW Government's Greater Sydney Sports Facility Fund - Ched Towns Reserve Amenity Building Upgrade be received 2. Council accept the award of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park. 3. Council write to the Minister for Sport, and the State Member for Mulgoa, thanking them for their ongoing support and the grant. 4. Council enter into a funding agreement with the NSW Government for the sum of $1.660m from the NSW Government’s Greater Sydney Sports Facility Fund to upgrade and embellish the amenities building at Ched Towns Reserve, Glenmore Park.
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8 COVID-19 Community Recovery Fund - Projects recommended for funding |
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153 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on COVID-19 Community Recovery Fund - Projects recommended for funding be received. |
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154 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Gipps Street Recreation Precinct Masterplan be received 2. The Masterplan for Gipps Street Recreation Precinct be adopted. 3. Council officers involved in the preparation of this Masterplan be thanked for their efforts. |
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155 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen That: 1. The information contained in the report on RFT19/20-26 Mark Leece Amenity Upgrade be received 2. The proposal and Lump sum price from Westbury Constructions Pty Ltd of $1,195,742 excluding GST be accepted for the Construction of the Mark Leece Amenity Upgrade, 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 7 - We have confidence in our Council
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156 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Karen McKeown OAM that the information contained in the report on Audit, Risk and Improvement Committee be received. |
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12 Closure of Temporary Road and Transfer - Lot 210 DP1157160 Pandorea St Claremont Meadows |
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157 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright That: 1. The information contained in the report on Closure of Temporary Road and Transfer - Lot 210 DP1157160 Pandorea St Claremont Meadows be received
2. Lot 210 DP1157160 be transferred to Arella Group Pty Ltd in accordance with the terms listed within the report.
3. The Common Seal of the Council of the City of Penrith be placed on any necessary documentation. |
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13 Acceptance of Grant Funding - Local Roads and Community Infrastructure Program |
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158 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Acceptance of Grant Funding - Local Roads and Community Infrastructure Program be received 2. Council accept the grant funding of $1,522,275 3. Council endorse the Work schedules as listed in the report 4. Council write to The Hon Michael McCormack MP, Deputy Prime Minister - Minister for Infrastructure, Transport and Regional Development and The Hon Mark Coulton MP - Minister for Regional Health, Regional Communications and Local Government thanking them for the funding.
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14 Transfer of Lot 4 DP 271141 to Council for Public Road Purposes |
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159 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies That: 1. The information contained in the report on Transfer of Lot 4 DP 271141 to Council for Public Road Purposes be received 2. Council accept the transfer of Lot 4 DP271141 on the terms and conditions listed within the report. 3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.
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15 Chesham Street St Marys - Proposed Plan of Subdivision for Road Dedication Purposes |
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160 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney That: 1. The information contained in the report on Chesham Street St Marys - Proposed Plan of Subdivision for Road Dedication Purposes be received 2. A plan of subdivision be prepared in accordance with the contents of this report and the appended Proposed Subdivision Layout, and the encroachment into Glossop Street and area to the north of the cul de sac required for road verge be dedicated to the public as public road. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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16 Lot Consolidation - Colyton Neighbourhood Centre - 30 Jensen St Colyton |
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161 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Greg Davies That: 1. The information contained in the report on Lot Consolidation - Colyton Neighbourhood Centre - 30 Jensen St Colyton be received. 2. Council approve the consolidation of Lots 7 and 8 in Deposited Plan 244431. 3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation. |
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17 Variation to Easement and 88b Instrument - 128 Andrews Road Cranebrook |
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162 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright That: 1. The information contained in the report on Variation to Easement and 88b Instrument - 128 Andrews Road Cranebrook be received. 2. Council approve of the changes as set out in the Variation of Easement document as it pertains to Lot 3 DP747153 and on the terms listed within the report. 3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation.
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18 RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith |
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163 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown OAM That: 1. The information contained in the report on RFT19/20-43 Roof Sheeting and Ancillary Works - 6 Peachtree Road, Penrith be received. 2. The proposal and lump sum price from Reld Group Pty Ltd for the amount of $173,984.80 excluding GST be accepted for the roof sheeting and ancillary works at 6 Peachtree Road, Penrith. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. |
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164 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright That: 1. The information contained in the report on Local Government NSW Annual Conference 2020 be received. 2. Councillors Kath Presdee, Greg Davies, Karen McKeown OAM, John Thain, Kevin Crameri OAM, Tricia Hitchen, Bernard Bratusa, Brian Cartwright and Ross Fowler OAM be Council’s voting delegates for motions to attend the 2020 LG NSW Conference being held at The Crowne Plaza Hunter Valley, Lovedale from 22-24 November 2020. 3. Councillor Robin Cook be nominated as an observer to attend the 2020 LGNSW Conference. 4. Leave of absence be granted as appropriate for those Councillors attending the conference. 5. Council sponsor up to three (3) Aboriginal observers, nominated by the Deerubbin Local Aboriginal Land Council, to attend the 2020 Local Government NSW Conference. 6. A motion be drafted for the LGNSW Conference reviewing the roles of Councillors in their community and their authority. |
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20 Road Dedication Wolseley Road and Gibbes Street Jamisontown |
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165 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies That: 1. The information contained in the report on Road Dedication Wolseley Road and Gibbes Street Jamisontown be received 2. Council support the dedication of the sections of Wolseley Road and Gibbes Street as outlined in the report, in accordance with section 16 & 17 of the Roads Act 1993 3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation. |
Having previously declared a Non-Pecuniary Conflict of Interest – Significant in Item 21, His Worship the Mayor, Councillor Ross Fowler OAM left the meeting, the time being 7:52pm.
The Deputy Mayor, Councillor Karen McKeown OAM then took the Chair.
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21 Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement |
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166 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish That: 1. The information contained in the report on Penrith Valley Regional Sports Centre (PVRSC) Loan Application Guarantor Arrangement be received. 2. Council approve the request to provide a letter of guarantee to the Penrith Valley Regional Sports Centre for the new loan to a maximum amount of $500,000 over a maximum term of 10 years, and 3. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise Council being Guarantor for the Penrith Valley Regional Sports Centre borrowings as outlined in this report.
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His Worship the Mayor, Councillor Ross Fowler OAM returned to the meeting, the time being 7:53pm, and retook the Chair.
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22 Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021 |
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167 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2020-2021 be received (Ordinary Meeting 22 July 2020).
2. Council acknowledge that due to COVID-19 pandemic and the recent bushfires that there has been no increase to the minimum and maximum fees payable for this period with the figure to remain set at the same level as last year. 2. The fees payable to the Mayor and Councillors for 2020-21 remain at last year’s level. |
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23 Summary of Investment & Banking for the Period 1 June 2020 to 30 June 2020 |
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168 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Robin Cook That: 1. The information contained in the report on Summary of Investment & Banking for the Period 1 June 2020 to 30 June 2020 be received 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 June 2020 to 30 June 2020 be noted and accepted. 3. The graphical Investment Analysis as at 30 June 2020 be noted. |
REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Mark Davies requested a memo reply regarding issues of speeding vehicles and increased vehicular activity in Ridgetop Drive, Glenmore Park, which is to include all the information at hand including when counters were installed and for how long. Councillor Mark Davies has requested that Council staff additionally contact him by phone regarding this response. |
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Councillor Tricia Hitchen requested a memo reply regarding the suitability of the works proposed to be carried out to the shared pathway at Nepean Avenue, Penrith and requested that the area of Nepean, Ladbury and Memorial Avenues, Penrith be looked at as a whole when considering pedestrian needs at this location, including the future likely impacts of vehicles in the area. |
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RR 3 Impacts of Western Sydney Airport on Future Development in the Penrith LGA |
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Councillor Todd Carney requested a memo reply regarding likely impacts on future development in the Mt Vernon and Twin Creeks areas as a result of the imposition of noise contour lines for the future Western Sydney Airport. |
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RR 4 Speeding Vehicles - Camelot Street and Nepean Street, Cranebrook |
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Councillor Kevin Crameri OAM requested that the matter of speeding vehicles and reckless driver behaviour occurring in Camelot and Nepean Street, Cranebrook be referred to the Local Traffic Committee for investigation, and requested a memo reply detailing any traffic calming devices that could be installed to alleviate this issue. |
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RR 5 Provision of Automatic Doors to Shop fronts in Penrith and St Marys CBDs |
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Councillor Marcus Cornish requested a report investigating the viability and estimated cost of subsidising the installation of automatic doors to shop fronts and at the same time eliminating steps to shop fronts in CBD shopping strips in Penrith and St Marys. |
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Councillor Marcus Cornish requested a memo reply providing information as to whether Council enforces the walking of dogs on leashes in public walkways, and also what fines, if any, apply for non-compliance. |
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Councillor Bernard Bratusa requested that relevant Council staff, in particular the Director – City Services and Community Facilities and Recreation Manager, be commended for their assistance in facilitating the recent recommencement of Netball competition in the Penrith LGA. |
169 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:24pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies 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 Penrith Stadium Lease
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 General Manager's Annual Performance Review 2019-20
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 8:49pm and the General Manager reported that the Committee of the Whole met at 8:24pm on 27 July 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
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RECOMMENDED on the MOTION of Councillor Brian Cartwright seconded Councillor John Thain CW2 That the information contained in the report on Penrith Stadium Lease be received. |
Councillor Mark Davies left the meeting at 8:36pm and did not return.
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RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish CW3 That: 1. The information contained in the report on General Manager's Annual Performance Review 2019-20 be received 2. Council endorse the actions outlined in the report. |
ADOPTION OF Committee of the Whole
170 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 and CW3 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:50pm.
I certify that these 13 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 July 2020.
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Chairperson Date