OF THE ORDINARY
MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND
AUDIO STREAMED ON THE COUNCIL WEBSITE ON MONDAY 30 NOVEMBER 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 Jim Aitken OAM, Bernard
Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin
Crameri OAM, Greg Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, Kath
Presdee and John Thain.
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APOLOGIES
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There were no
apologies.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 26 October 2020
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247 RESOLVED
on the MOTION of Councillor Todd Carney seconded Councillor Brian Cartwright that
the minutes of the Ordinary Meeting of 26 October 2020 be confirmed.
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Reports of Committees
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1 Report
and Recommendations of the Access Committee Meeting held on 14 October 2020
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248
RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia
Hitchen that the recommendations contained in the Report and
Recommendations of the Access Committee meeting held on 14 October, 2020 be
adopted.
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2 Report
and Recommendations of the Heritage Advisory Committee Meeting held on 21
October 2020
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249 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM that
the recommendations contained in the Report and Recommendations of the
Heritage Advisory Committee meeting held on 21 October, 2020 be adopted.
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3 Report
and Recommendations of the Local Traffic Committee Meeting held on 2 November
2020
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250 RESOLVED on the MOTION of
Councillor Robin Cook seconded Councillor Marcus Cornish that the
recommendations contained in the Report and Recommendations of the Local
Traffic Committee meeting held on 2 November, 2020 be adopted.
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4 Report
and Recommendations of the Policy Review Committee Meeting held on 9 November
2020
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251 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Ross Fowler OAM that the
recommendations contained in the Report and Recommendations of the Policy
Review Committee meeting held on 9 November, 2020 be adopted.
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5 Report
and Recommendations of the Resilience Committee Meeting held on 18 November
2020
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252 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Robin Cook that the
recommendations contained in the Report and Recommendations of the Resilience
Committee meeting held on 18 November, 2020 be adopted.
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DELIVERY PROGRAM
REPORTS
Outcome
2 - We plan for our future growth
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1 Draft
Penrith Development Agreements Policy
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253 RESOLVED on the MOTION of
Councillor Aaron Duke seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Draft Penrith Development Agreements
Policy be received.
2. The draft
Penrith Development Agreements Policy be adopted, with the amendments
proposed in this report.
3. The draft
Penrith Development Agreements Policy supersede Council’s existing
Works in Kind Policy.
4. A notice
be placed on Council’s website and the Western Weekender Newspaper to
inform the community of the Policy being adopted.
5. The Policy
be made publicly available on Council’s website.
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2 Submission
to Draft Cumberland Plain Conservation Plan
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254 RESOLVED on the MOTION of
Councillor Aaron Duke seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Submission to Draft Cumberland Plain
Conservation Plan be received.
2. Council
endorse the Submission provided as Appendix 1 to be forwarded to the
Department of Planning, Industry and Environment for its consideration.
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Outcome
3 - We can get around the City
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3 Submission
to exhibition of Environmental Impact Statement for Sydney Metro - Western
Sydney Airport
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255 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Submission to exhibition of
Environmental Impact Statement for Sydney Metro - Western Sydney Airport be
received.
2. Council
endorse the Submission provided as attachment for this report to be forwarded
to the Department of Planning, Industry and Environment for its consideration.
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4 The
Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City
Council
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256 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor John Thain
That:
1. The
information contained in the report on The Driftway, Londonderry - Memorandum
of Understanding with Hawkesbury City Council be received.
2. The
Memorandum of Understanding between Penrith City Council and Hawkesbury City
Council for the maintenance of The Driftway be executed by the City Assets
Manager.
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5 Naming
of New Bridge Over Warragamba Pipeline - Craig Ross Bridge
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257 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Naming of New Bridge Over Warragamba
Pipeline - Craig Ross Bridge be received.
2. Council
endorse the naming of the bridge as ‘Craig Ross Bridge’
3. Community
Consultation be undertaken, and an application be made to Transport for NSW
for official Approval.
4. Following
approval by Transport for NSW, an official naming ceremony be held at the
bridge.
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6 Mamre
Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park
Road, Erskine Park
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258 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Mamre Road Upgrade - Stage 1 between
the M4 Motorway, St Clair and Erskine Park Road, Erskine Park be
received.
2. Council’s
Engineering Services Manager be authorised to finalise a submission, based on
this report, to Transport for NSW by 4 December 2020.
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Outcome
5 - We care about our environment
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7 Emu
Plains Overland Flow Flood Study
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259 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Emu Plains Overland Flow Flood Study
be received.
2. The Emu
Plains Overland Flow Flood Study Final Report October 2020 be adopted.
3. The Emu
Plains Overland Flow Flood Study Final Report October 2020 be made available
to the public through Council’s website.
4. Council
write to those who made a submission advising of Council’s resolution.
5. Council
write to relevant State and Federal Members of Parliament advising them of
the adoption of the Emu Plains Overland Flow Flood Study and thanking them
for their continued support of Council’s Floodplain Management program.
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Outcome
6 - We are healthy and share strong community spirit
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8 Review
of the Protocol for Service Delivery to People Experiencing Homelessness
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260 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Jim Aitken OAM
That:
1. The
information contained in the report on Review of the Protocol for Service
Delivery to People Experiencing Homelessness be received.
2. Council
endorse the Homelessness Protocol.
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9 RFT20/21-09
Gipps Street Recreation Precinct Detailed Design and Construction
Documentation
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261 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Jim Aitken OAM
That:
1. The
information contained in the report on RFT20/21-09 Gipps Street Recreation
Precinct Detailed Design and Construction Documentation be received.
2. Group
GSA Pty Ltd be awarded the Contract subject to the execution of a formal
agreement for the Gipps Street Recreation Precinct Detailed Design and
Construction Documentation for an amount of $1,337,000 excluding GST.
3. The Common
Seal of the Council of the City of Penrith be placed on all documentation, if
necessary.
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10 RFT20/21-10
Sports Field Lighting at Various Sites
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262 RESOLVED on the MOTION of Councillor
Brian Cartwright seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on RFT20/21-10 Sports Field Lighting at
Various Sites be received.
2. The
proposal and lump sum price from Kealec Pty Ltd t/a Sportz
Lighting, for the amount of $306,893.00 (excluding GST) be accepted for RFT20/21-10 Sports Field
Lighting at Various Sites.
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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11 Plan
of Redefinition - Allen Place Carpark
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263 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Plan of Redefinition - Allen Place
Carpark be received.
2. The
Plan of Redefinition of Allen Place identified as DP1263787 be registered at
NSW Land Registry Services.
3. The
Common Seal of the Council of the City of Penrith be placed on all necessary
documentation.
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12 Soper
Place - Partial Road Closure
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264 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Soper Place - Partial Road Closure be
received.
2. Part Soper
Place, as identified within the report, be permanently closed in accordance
with the Roads Act 1993
3. The Common
Seal of the Council of the City of Penrith be placed on all necessary
documentation
4. The parcel
of closed road, once registered and vested in Council, be classified as
Operational Land.
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13 Easement
for Water Supply - Lot 1 DP 566392 Factory Road Regentville
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265 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. The
information contained in the report on Easement for Water Supply - Lot 1 DP
566392 Factory Road Regentville be received.
2. Council
grant an easement over Lot 1 DP 566392 in favour of Lot 133 DP 1204164 as per
the terms and conditions listed within the report.
3. The
applicant as a condition, extinguish the existing easement for water supply
over Lot 1 DP 566392, created by Deed of Conveyance No 501 Book 326.
4. The Common
Seal of the Council of the City of Penrith be placed on all necessary
documentation.
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Councillor Tricia Hitchen declared a Conflict of Interest in
Item 14 – Mayoral Charity Golf Day 2021 Nominated Charity, as she
is a Board member of the Haven Women’s Refuge.
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14 Mayoral
Charity Golf Day 2021 Nominated Charity
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266 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Tricia Hitchen
That:
1. The
information contained in the report on Mayoral Charity Golf Day 2021
Nominated Charity be received.
2. Council
endorse the selection of nominated charity The Haven, Nepean Women’s
Refuge as the beneficiary of funds raised from the Mayoral Charity Golf Day
2021.
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15 Code
of Conduct - Report on Complaints Statistics
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267 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. The
information contained in the report on Code of Conduct - Report on Complaints
Statistics be received.
2. A copy of this
report along with complaints statistics provided in accordance with 12.1 of
the Model Code Procedures be forwarded to the Office of Local Government.
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16 Organisational
Finance Review - September 2020
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268 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. The
information contained in the report on Organisational Finance Review -
September 2020 be received.
2. The Organisational
Finance Review - September 2020 as at 30 September 2020, including the
revised estimates outlined in this report and detailed in the
Organisational Report - September 2020, be adopted.
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17 Summary
of Investment & Banking for the Period 1 October 2020 to 31 October 2020
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269 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor John Thain
That:
1. The
information contained in the report on Summary of Investment & Banking
for the Period 1 October 2020 to 31 October 2020 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the Period 1 October 2020 to 31 October 2020 be noted and
accepted.
3. The
graphical Investment Analysis as at 31 October 2020 be noted.
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REQUESTS FOR REPORTS AND MEMORANDUMS
and URGENT BUSINESS
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UB 1 Sponsorship
of Blacktown Red Belly Warriors Team
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Councillor Greg Davies requested that an
amount of $2,500 be allocated from each Ward’s voted works (totalling
$7,500) towards the sponsorship package for the Blacktown Red Belly Warriors
team.
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270 RESOLVED on the MOTION of Councillor Greg Davies
seconded Councillor Aaron Duke that the matter be brought forward and dealt
with as a matter of urgency.
Her Worship the Mayor, Councillor Karen McKeown OAM, ruled
that the matter was urgent and should be dealt with at the meeting.
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271 RESOLVED on the MOTION of Councillor Greg Davies
seconded Councillor Aaron Duke that an amount of $2,500 be allocated from
each Ward’s voted works (totalling $7,500) towards the sponsorship
package for the Blacktown Red Belly Warriors team.
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UB 2 Donation
to English Language Class Community Group
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Councillor Aaron Duke requested that an
amount of $600 be allocated from North Ward voted works to the English
Language Class Community Group at the Thornton Community Centre.
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272 RESOLVED on the MOTION of Councillor Aaron Duke
seconded Councillor John Thain that the matter be brought forward and dealt
with as a matter of urgency.
Her Worship the Mayor, Councillor Karen McKeown OAM, ruled
that the matter was urgent and should be dealt with at the meeting.
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273 RESOLVED on the MOTION of Councillor Aaron Duke
seconded Councillor John Thain that an amount of $600 be allocated from North
Ward voted works to the English Language Class Community Group at the
Thornton Community Centre.
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RR 1 Condition
of Whitewater Stadium Road
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Councillor Marcus Cornish requested a
memorandum advising who is responsible for Whitewater Stadium Road, what is
being done to have the dangerous access road fixed and the possibility of
installing warning signs.
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RR 2 Parking
Fines at Skiptons Arcade
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Councillor Marcus Cornish requested a
memorandum to all Councillors advising if it is legal for Skiptons Arcade to
issue parking fines and under what authority.
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RR 3 ReAnimate
Penrith
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Councillor Marcus Cornish requested a
memorandum regarding the possibility of Council conducting a joint ReAnimate
project with Penrith Panthers for the launch of the 2021 NRL Season,
including moving holograms of players around Penrith, St Marys and Emu
Plains.
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RR 4 Hawkebsury
River County Council (HRCC)
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Councillor Marcus Cornish requested a
memorandum regarding what can be done to resolve the issue of HRCC being
unable to launch their weed harvester from the new boat ramp.
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RR 5 M4
Resurfacing
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Councillor Marcus Cornish requested that
Council contact the RMS regarding the resurfacing of the M4 from Mamre Road
to after Kent Road.
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RR 6 Commuter
Car Parks
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Councillor Marcus Cornish requested a
memorandum advising if the State Government intends to make all commuter car
parks paid parking, which would unfairly tax Penrith residents.
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RR 7 Suspension
of Sister Cities Connection with China
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Councillor Marcus Cornish requested a
memorandum regarding the possibility of the suspension of Council’s
Sister Cities activities and connection with China, due to the recent media
incident that has occurred.
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RR 8 Energy
Saver Option Rebate with Endeavour Energy
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Councillor Bernard Bratusa requested a
memorandum regarding Council's 'partnership' with Endeavour Energy in
selected suburbs.
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RR 9 Trimming
of Trees and Installation of Sign at Jordan Springs
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Councillor Bernard Bratusa requested a
memorandum regarding the trimming of trees at the intersection at the
entrance of Jordan Springs and the installation of a ‘Jordan
Springs’ sign.
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RR 10 Apple
of Sodom Cards
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Councillor Kevin Crameri OAM requested
an update and a draft copy of the cards that will be distributed to residents
who have apple of sodom on their properties.
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RR 11 Social
Media and Online Gaming Advertising
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Councillor Kath Presdee requested a
memorandum with information regarding Council’s advertising via social
media platforms and online gaming, including what campaigns are being
advertised, how they are being targeted, reporting measures and costs.
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RR 12 COVID-19
Registration Measures at Council's Facilities
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Councillor Kath Presdee requested a
memorandum regarding what COVID-19 registration measures are being used at
Council’s facilities such as QR codes, what data is required and how
long the data is retained.
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RR 13 Planting
of Gum Trees
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Councillor Kevin Crameri OAM requested a
memorandum regarding the planting of gum trees throughout the Penrith LGA and
the blocking of drains from falling bark.
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Committee of the Whole
274 RESOLVED on the MOTION of Councillor Todd Carney
seconded Councillor Aaron Duke that the meeting adjourn to the Committee of the
Whole to deal with the following matters, the time being 8:00pm.
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Todd Carney
seconded Councillor Aaron Duke that the press and public be excluded from
Committee of the Whole to deal with the following matters:
Outcome 7
2 5-13
Gidley Street, St Marys
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.
3 Proposed
sale of Council owned land located at 86 Reid Street Werrington, Lot 5 & 6,
DP28248
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 Proposed
Easement over Council Land - 1-2 Floribunda Avenue Glenmore Park (Lot 10 DP
832179)
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 Proposed
Easement over Council Land - 144a Dunheved Road Werrington County (Lot 32 DP
576288)
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.
6 Property
Matter - Proposed Acquisition
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.
The meeting resumed at 9:28pm and the General Manager reported that
the Committee of the Whole met at 8:00pm on Monday, 30 November 2020, the
following being present
His Worship the Mayor, Councillor Karen McKeown OAM, Deputy
Mayor, Tricia Hitchen and Councillors Jim Aitken OAM, Bernard Bratusa, Todd
Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg
Davies, Mark Davies, Aaron Duke, Ross Fowler OAM, 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 5-13
Gidley Street, St Marys
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RECOMMENDED on the MOTION of Councillor
Ross Fowler OAM seconded Councillor Robin Cook
CW2 That:
1. The
information contained in the report on 5-13 Gidley Street, St Marys be
received.
2. Council
decline the Unsolicited Proposal submitted by Haben Property Fund for the
purchase of Council owned land at 5-13 Gidley Street, St Marys.
3. Council
proceed with its proposed Multi deck Car Park project through the Federally
funded National Commuter Car Park scheme as outlined in this report.
4. A further
confidential report be brought back to Council, relating to the optimum
utilisation of the site incorporated in the commuter car park.
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3 Proposed
sale of Council owned land located at 86 Reid Street Werrington, Lot 5 &
6, DP28248
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RECOMMENDED on the MOTION of Councillor
Marcus Cornish seconded Councillor Kevin Crameri OAM
CW3 That:
1. The
information contained in the report on Proposed sale of Council owned land
located at 86 Reid Street Werrington, Lot 5 & 6, DP28248 be received.
2. Council
endorse the sale of the property as per the terms and conditions listed
within the report.
3. Council
authorise the General Manager to negotiate and accept offers in line with the
minimum sale price outlined within this report.
4. The sale
proceeds be retained in the Property Development Reserve.
5. The Common
Seal of the Council of the City of Penrith be placed on all necessary
documentation.
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5 Proposed
Easement over Council Land - 144a Dunheved Road Werrington County (Lot 32 DP
576288)
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RECOMMENDED on the MOTION of Councillor
Brian Cartwright seconded Councillor Todd Carney
CW5 That:
1. The
information contained in the report on Proposed Easement over Council Land -
144a Dunheved Road Werrington County (Lot 32 DP 576288) be received.
2. Council
grant an easement over Lot 32 DP 576288 to benefit Lot 1 DP1218801 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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6 Property
Matter - Proposed Acquisition
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RECOMMENDED
on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain
CW6 That:
1. The
information contained in the report on Property Matter - Proposed Acquisition
be received.
2. The report
be deferred, pending a detailed Briefing and reported back to Council, and
the due diligence process continue.
3. A further urgent
report come back to Council regarding the Employment Lands Strategy.
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ADOPTION OF
Committee of the Whole
275 RESOLVED on the MOTION of Councillor John Thain
seconded Councillor Todd Carney that the recommendations contained in the
Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5 and CW6 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 9:29pm.
I certify that these 12
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 30 November 2020.
____________________
______________
Chairperson
Date