OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 26 OCTOBER 2020 AT 7:03PM
WEBCASTING STATEMENT
Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.
STATEMENT OF RECOGNITION
Her Worship the Mayor, Councillor Karen McKeown OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by Glenn McCarthy, Governance Manager.
PRESENT
Her Worship the Mayor, Councillor Karen McKeown OAM, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, and John Thain.
LEAVE OF ABSENCE
Leave of Absence was granted to Councillor Jim Aitken OAM for the period 26 October 2020 to 9 November 2020 inclusive.
Leave of Absence was granted to Councillor Kath Presdee for 26 October 2020.
DECLARATIONS OF INTEREST
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less then Significant in Item 3 – Draft Aerotropolis Development Contributions Plan, Item 6 – Draft Mamre Road Development Contributions Plan, Item 8 – Transport for NSW – Emu Plains At-Grade Commuter Car Park, Item 12 – Acceptance of Grant Funding – NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics and Item 14 – NSW Government Grants – Everyone can Play Project Nominations, as he is an employee for the Minister for Sport. Councillor Bernard Bratusa stated that he would still take part in the debate and voting on these items.
Councillor Bernard Bratusa also declared a Non-Pecuniary Conflict of Interest – Significant in Item 10 – RFT20/21-07 Leonay Oval Amenities, as he is an employee for the Minister for Sport and his role is involved in election commitments. Councillor Bernard Bratusa stated that he would leave the meeting during consideration of this item.
Councillor Robin Cook declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 – NSW Government Grants – Everyone can Play – Project Nominations, as her family member lives on a street located near one of the upgraded playgrounds.
Mario Pace
Notice of Motion – Item 2 – Intersection of Llandilo Road and Richmond Road
A Council staff member read out Mr Mario Pace’s application to address the Ordinary Meeting and outlined his reason for supporting the motion as follows:
Mr Pace expressed his support in relation to the installation of traffic lights at the intersection of Llandilo Road and Richmond Road and highlighted his concerns regarding the lack of safety at the intersection, due to the high traffic congestion, and 80km/hr speed limit which has caused numerous road accidents. He also expressed his concerns regarding the difficulty to access Richmond Road via Llandilo Road, which results in motorists and heavy vehicles alternatively travelling along the rural roads through Berkshire Park, which negatively impacts upon the condition of the roads and the safety of pedestrians.
218 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that Standing Orders be resumed, the time being 7:12pm. |
219 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Acknowledgement of Penrith Panthers 2020 Season be received. |
220 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on Passing of Greg Speed OAM be received. |
Outcome 1 - We can work close to home
Outcome 2 - We plan for our future growth
4 Voluntary Planning Agreement for 33-43 Phillip Street, St Marys |
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228 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney That: 1. The information contained in the report on Voluntary Planning Agreement for 33-43 Phillip Street, St Marys be received. 2. Council endorse the draft Voluntary Planning Agreement and explanatory note for 33-43 Phillip Street, St Marys for execution. 3. Council authorise the General Manager to finalise and sign the VPA and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.). 4. The Common Seal of the Council of the City of Penrith be affixed to the legal document. 5. The Department of Planning, Industry and Environment be notified of the signing of the VPA and Council’s register of VPAs and website be updated to record the Agreement. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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229 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Fire Safety Update be received 2. Council continue to monitor properties as part of its Fire Safety Audit Program and take any further action as necessary. 3. Fire and Rescue NSW be advised of Council’s decision.
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6 Draft Mamre Road Development Contributions Plan
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230 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Draft Mamre Road Development Contributions Plan be received 2. Council endorse the draft Section 7.11 Plan Development Contributions Plan for the Mamre Road Precinct and background report (under separate cover) for public exhibition. 3. The plan be exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations for a minimum of 28 days. 4. At the conclusion of the exhibition period, a further report be provided to Council on the submissions received during the exhibition period. 5. Penrith Citywide s7.12 Development Contributions Plan for non- residential development be amended to no longer apply to the Mamre Road Precinct, and that this is publicly exhibited in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations. 6. After the exhibition of an amended Penrith Citywide s7.12 Development Contributions Plan for non-residential development, which removes the Mamre Road Precinct from applying to Plan, that delegation is provided to the General Manager to finalise and make this amendment, in accordance with the Environmental Planning & Assessment Act, 1979 and Regulations. 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
7 RFT20/21-06 Construction of Caddens Road upgrade between Gipps Street and Heaton Avenue |
231 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on RFT20/21-06 Construction of Caddens Road upgrade between Gipps Street and Heaton Avenue be received. 2. Quickway Constructions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the Construction of the Caddens Road Upgrade for an amount of $5,209,904 excluding GST. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation if necessary. |
232 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Transport for NSW - Emu Plains At-Grade Commuter Car Park be received. 2. Council’s Engineering Services Manager be authorised to finalise a submission, based on this report, to Transport for NSW by 6 November 2020.
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Outcome 4 - We have safe, vibrant places
9 Tender Reference RFT 14/15-31 Provision of Grave Digging Services |
233 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain That: 1. The information contained in the report on Tender Reference RFT 14/15-31 Provision of Grave Digging Services be received 2. The tender from L J Follington Pty Ltd be accepted for the provision of Grave Digging Services for a three (3) year period, with an option to extend for a further two (2) one (1) year periods subject to satisfactory performance and mutual agreement and allowing for rise and fall. |
Councillor Bernard Bratusa left the meeting, the time being 8:26pm.
234 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Marcus Cornish That: 1. The information contained in the report on RFT20/21-07 Leonay Oval Amenities be received 2. The proposal and lump sum price from Coverit Building Group Pty Ltd, for the amount of $322,940.00 (excluding GST) be accepted for Leonay Oval Amenities Stage 2, 3 and 4, Emu Plains. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary. |
Councillor Bernard Bratusa returned to the meeting, the time being 8:27pm.
Outcome 5 - We care about our environment
11 Tender Reference 19/20-41 Manufacture and/or Distribution of Compostable Bags |
235 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Tender Reference 19/20-41 Manufacture and/or Distribution of Compostable Bags be received 2. The tender from Cardia Bioplastics (Australia) Pty Ltd be accepted for the provision of Manufacture and Distribution of Compostable Bags for a three (3) year period, with an option to extend a further two (2) one (1) year periods subject to satisfactory performance and mutual agreement and allowing for rise and fall. |
12 Acceptance of Grant Funding - NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics |
236 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke That: 1. The information contained in the report on Acceptance of Grant Funding - NSW Environmental Protection Authority, Local Council Transition of Recovering Further Organics be received 2. Council write to the Hon Matthew Kean, Minister for Energy and Environment thanking him for his support in approving and providing funding for these initiatives.
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Outcome 6 - We are healthy and share strong community spirit
13 Investigation into access to shop fronts in Penrith City Centre and St Marys Town Centre |
237 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that the information contained in the report on Investigation into access to shop fronts in Penrith City Centre and St Marys Town Centre be received. |
14 NSW Government Grants - Everyone Can Play - Project Nominations |
238 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Brian Cartwright That: 1. The information contained in the report on NSW Government Grants - Everyone Can Play - Project Nominations be received 2. Council endorse the allocation of existing budgets as contributing funds to enable grant applications for improvements to Spence Park, Banks Drive, and Brooker and Day Street. 3. Council endorse the submission of grant applications to the NSW Government’s Everyone Can Play program for the following projects:
- Spence Park, Penrith (2020 Mayoral Challenge)
- David Currie Playspace, Banks Drive, St Clair
- Brooker and Day Street Reserve, Colyton
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Outcome 7 - We have confidence in our Council
15 Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith |
239 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney That: 1. The information contained in the report on Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith be received 2. Council support the dedication of the sections of Road Dedication - Part Union Road, Union Lane, Station Street and Worth Street Penrith 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
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16 RFT2021-03 Kingswood Commuter Carpark - Project Management |
240 RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Todd Carney That: 1. The information contained in the report on RFT2021-03 Kingswood Commuter Carpark - Project Management be received. 2. The proposal and total fee from Roots Partnerships Pty Ltd for the amount of $237,650 (excluding GST) be accepted. 3. The engagement of the project manager and associated project sub-consultants is currently being forward funded by the property development reserve fund under the 2020-21 capital expenditure budget. 4. That Council accept the funding offer from Department of Infrastructure, Transport, Regional Development and Communications for the development of the Cox Avenue project, reimbursing forward funding cost back to the reserve. 5. Following approval and Council’s receipt of Federal funding, a project code will be established to reallocate project management and sub-consultancy. These costs will be reclaimed/recouped against the new project. 6. Council write to Minister for Population, Cities and Urban Infrastructure and the Local Federal Member acknowledging the funding support for the project. 7. The Common Seal of the Council of the City of Penrith be placed on all documentation necessary. |
241 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that the information contained in the report on Pecuniary Interest Returns 2019 - 2020 be received. |
242 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that the information contained in the report on Audit, Risk and Improvement Committee be received. |
243 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney That: 1. The information contained in the report on 2020-21 Borrowing Program - renewal of existing loan be received. 2. Council be advised that offers will be requested for the $2,424,521.31 renewal of the CBD Drainage Loan in November 2020. 3. The General Manager be granted delegated authority to negotiate the loan in accordance with this resolution. 4. The Common Seal of the Council of the City of Penrith be affixed to those documents that are necessary to finalise these borrowings. 5. The final terms and conditions of the borrowings be reported to the Council upon completion of the loan contracts.
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20 Summary of Investment & Banking for the Period 1 September 2020 to 30 September 2020 |
244 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney That: 1. The information contained in the report on Summary of Investment & Banking for the Period 1 September 2020 to 30 September 2020 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 September 2020 to 30 September 2020 be noted and accepted. 3. The graphical Investment Analysis as at 30 September 2020 be noted.
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21 Finalisation of 2019-20 Financial Statements (post public exhibition) |
245 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney That: 1. The information contained in the report on Finalisation of 2019-20 Financial Statements (post public exhibition) be received. 2. Council note the completion of the public exhibition process for Council’s 2019-20 Financial Statements and that Council has submitted its Financial Statements for the year ended 30 June 2020 to the Office of Local Government. |
246 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright that the information contained in the report on Outcomes in Recent Legal Proceedings be received. |
REQUESTS FOR REPORTS AND MEMORANDUMS
Councillor Tricia Hitchen has requested if Council could assist with the installation of a community garden at Kingswood at Wainwright Park or the Community Centre. |
RR 2 DA Submitted by The Next Generation Company for a Waste to Energy Facility |
Councillor Tricia Hitchen has requested a report to a Councillor Briefing regarding the DA submitted by The Next Generation Company for a Waste to Energy Facility in the Blacktown LGA and the impact that it would have on the residents of Erskine Park and St Clair. |
Councillor Tricia Hitchen requested that the Local Traffic Committee investigate the issue of speeding vehicles along Avium Drive, Caddens and Lorne Avenue, South Penrith. |
Councillor Marcus Cornish requested a report to Council providing information regarding sites for a second boat ramp to alleviate congestion at the current site and also the benefits of using the new ramp for boats in and the old ramp for boats out. |
Councillor Kevin Crameri OAM requested that Council print cards/flyers that can be distributed to affected residents that state, “There appears to an outbreak of apple of soddam, which is a noxious weed on your property. This can be controlled by chipping out or spraying with a broad leaf spray or roundup. If you need any further advice, please contact Penrith City Council or HRCC”. |
Councillor Kevin Crameri OAM requested that Council advocate for a koala population to be established in the ADI site. |
Councillor Kevin Crameri OAM requested a memo regarding the details of the camel races to be held at the Paceway. |
Councillor Robin Cook requested for regular memo updates regarding the progress of Dunheved Road and continue the advocacy of having it taken over by the State Government. |
Councillor Robin Cook requested that Council write to all relevant Ministers about engaging with Council Staff in regards to planning systems and accelerated programs that have been put forward to allow Council to be better prepared to put in submissions. |
RR 10 Intersection of Melville Road and Banks Drive, St Clair |
Councillor Greg Davies requested that the Local Traffic Committee investigate the intersection of Melville Road and Banks Drives, St Clair and consider the installation of a roundabout. |
There being no further business the Chairperson declared the meeting closed the time being 9:02pm.
I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 26 October 2020.
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Chairperson Date