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 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.

  

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 26 October 2020

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.

  

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 14 October 2020                                                                            

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.

 

2        Report and Recommendations of the Heritage Advisory Committee Meeting held on 21 October 2020                                                             

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.

 


 

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 2 November 2020                                                           

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.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 9 November 2020                                                           

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.

 

5        Report and Recommendations of the Resilience Committee Meeting held on 18 November 2020                                                                        

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.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Draft Penrith Development Agreements Policy                                      

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.

 

 

2        Submission to Draft Cumberland Plain Conservation Plan                  

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.

 

 

Outcome 3 - We can get around the City

 

3        Submission to exhibition of Environmental Impact Statement for Sydney Metro - Western Sydney Airport                                                 

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.

 

 

4        The Driftway, Londonderry - Memorandum of Understanding with Hawkesbury City Council                                                                          

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.

 

5        Naming of New Bridge Over Warragamba Pipeline - Craig Ross Bridge                                                                                                           

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.

 


 

 

6        Mamre Road Upgrade - Stage 1 between the M4 Motorway, St Clair and Erskine Park Road, Erskine Park                                                      

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.

 

Outcome 5 - We care about our environment

 

7        Emu Plains Overland Flow Flood Study                                                  

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.

 

 

Outcome 6 - We are healthy and share strong community spirit

 

8        Review of the Protocol for Service Delivery to People Experiencing Homelessness                                                                                             

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.

 

 


 

 

9        RFT20/21-09 Gipps Street Recreation Precinct Detailed Design and Construction Documentation                                                                    

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.

 

 

10      RFT20/21-10 Sports Field Lighting at Various Sites                               

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.

 

Outcome 7 - We have confidence in our Council

 

11      Plan of Redefinition - Allen Place Carpark                                              

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.

 


 

 

12      Soper Place - Partial Road Closure                                                          

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.

 

13      Easement for Water Supply - Lot 1 DP 566392 Factory Road Regentville                                                                                                   

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.

 

 

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. 

 

14      Mayoral Charity Golf Day 2021 Nominated Charity                                

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.

 

 


 

 

15      Code of Conduct - Report on Complaints Statistics                              

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.

 

16      Organisational Finance Review - September 2020                                 

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.          

 

17      Summary of Investment & Banking for the Period 1 October 2020 to 31 October 2020                                                                                          

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.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

UB 1           Sponsorship of Blacktown Red Belly Warriors Team   

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.

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.

 

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.

 

UB 2           Donation to English Language Class Community Group      

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.

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.

 

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.

 

RR 1           Condition of Whitewater Stadium Road       

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.

 

RR 2           Parking Fines at Skiptons Arcade       

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.

 

RR 3           ReAnimate Penrith    

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.

 

RR 4           Hawkebsury River County Council (HRCC)

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.

 

RR 5           M4 Resurfacing

Councillor Marcus Cornish requested that Council contact the RMS regarding the resurfacing of the M4 from Mamre Road to after Kent Road.

 

RR 6           Commuter Car Parks

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.

 


 

 

RR 7           Suspension of Sister Cities Connection with China      

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.

 

RR 8           Energy Saver Option Rebate with Endeavour Energy  

Councillor Bernard Bratusa requested a memorandum regarding Council's 'partnership' with Endeavour Energy in selected suburbs.

 

RR 9           Trimming of Trees and Installation of Sign at Jordan Springs

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.

 

RR 10         Apple of Sodom Cards       

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.

 

RR 11         Social Media and Online Gaming Advertising      

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.

 

RR 12         COVID-19 Registration Measures at Council's Facilities        

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.

 

RR 13         Planting of Gum Trees       

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.

 

 

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

 

2        5-13 Gidley Street, St Marys                                                                                             

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.

 

3        Proposed sale of Council owned land located at 86 Reid Street Werrington, Lot 5 & 6, DP28248                                                                                                                          

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.

 

 

4        Proposed Easement over Council Land - 1-2 Floribunda Avenue Glenmore Park (Lot 10 DP 832179)                                                                                                            

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee

CW4 That:

1.     The information contained in the report on Proposed Easement over Council Land - 1-2 Floribunda Avenue Glenmore Park (Lot 10 DP 832179) be received.

2.     Council grant an easement over Lot 10 DP 832179 to the benefit of Lot 1 DP825553 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.

 

 

5        Proposed Easement over Council Land - 144a Dunheved Road Werrington County (Lot 32 DP 576288)                                                                                                            

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.

 

 

6        Property Matter - Proposed Acquisition                                                                         

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.

 

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