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 14 DECEMBER 2020 AT 7:04PM

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 Mr Adam Beggs, Acting 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, Ross Fowler OAM, Kath Presdee and John Thain.

  

APOLOGIES

276  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney that an apology be received for Councillor Aaron Duke.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 30 November 2020

277  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Brian Cartwright that the minutes of the Ordinary Meeting of 30 November 2020 be confirmed.

  

DECLARATIONS OF INTEREST

Her Worship the Mayor, Councillor Karen McKeown OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 9 - 2021 Australian Local Government Women's Association NSW Annual Conference, as she is on the Executive of the Australian Local Government Women’s Association NSW.

 

  

Mayoral Minutes

 

1        White Ribbon Accreditation and Towards Zero Campaign                   

278  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on White Ribbon Accreditation and Towards Zero Campaign be received.

 

 

2        Observance of a minute's silence for the passing of Lucinda King     

279  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Observance of a minute's silence for the passing of Lucinda King be received.

 

 

Notices of Motion

 

1        Suspension of International Partnerships in China                               

280  A MOTION was moved by Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM

 

          That:

 

1.    Council immediately suspend its international partnership arrangements in China, specifically with the Xicheng District and Kunshan City.

 

2.    The suspension of international partnerships in China be reviewed 12 months from the date of the suspension.

 

Councillor John Thain requested that the MOTION be PUT.

 

On being PUT the MOTION was LOST.

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 7 December 2020                                                            

281  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 December, 2020 be adopted.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 7 December 2020                                                            

282  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Brian Cartwright that the s contained in the Report and s of the Policy Review Committee meeting held on 7 December, 2020 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Allocation of District Open Space Development Contribution funds to Harold Corr Oval                                                                                     

 

283  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Allocation of District Open Space Development Contribution funds to Harold Corr Oval be received

2.     Council reallocates $1,733,000 (plus indexation) from Item 1 South Creek Park (Blair Oval) within the Penrith City District Open Space Development Contributions Plan, to Item 2 Werrington Creek Park, for the purposes of delivering an athletics facility. 

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For

Against

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Karen McKeown OAM

 

Councillor John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Tricia Hitchen

 

Councillor Mark Davies

 

Councillor Marcus Cornish

 

Councillor Jim Aitken OAM

 

Councillor Kath Presdee

 

 

Outcome 3 - We can get around the City

 

2        RFT20/21-11 Concrete Maintenance Works                                             

284  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on RFT20/21-11 Concrete Maintenance Works be received.

2.     NSW Kerbing Pty Ltd be appointed as the preferred contractor for the provision of concrete maintenance works for a period of three (3) years with an option to extend two (2) x one (1) year periods, by mutual agreement, subject to satisfactory performance and allowing for rise and fall provisions.

3.     Del Rocchio Concreting Pty Ltd be appointed as the secondary contractor to be engaged in the event that the preferred contractor is unable to provide the service

4.     Statewide Civil Pty Ltd be appointed as the tertiary contractor to be engaged in the event that the above two contractors are unable to provide the service.

5.     The Common seal of the Council of the City of Penrith be placed on all documentation as necessary.

 

Outcome 4 - We have safe, vibrant places

 

3        RFT 20/21-13 Community Building Refurbishments                              

285  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.     The information contained in the report on RFT 20/21-13 Community Building Refurbishments be received.

 

2.     Rogers Construction Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Community Buildings namely Arthur Neave Hall, Werrington and Floribunda Community Centre, Glenmore Park for $1,241,695.00 excluding GST.

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

 

 

Outcome 5 - We care about our environment

 

4        Recycling Processing Contract                                                                

286  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Recycling Processing Contract be received

2.     The 4-year contract offer with VISY Recycling for recyclables processing commencing 1 July 2019 ending 30 June 2023 (with a 1-year plus a further year extension or a 2-year extension at mutual agreement) be accepted

3.     The General Manager be authorised to sign the contract documents

 

 

Outcome 7 - We have confidence in our Council

 

5        2019-20 Penrith City Council Annual Report                                           

287  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on 2019-20 Penrith City Council Annual Report be received

2.     The 2019-20 Annual Report be endorsed for submission to the NSW Office of Local Government by 31 December 2020, subject to minor amendments

 

 

6        2021 Proposed Council Meeting Calendar                                              

288  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on 2021 Proposed Council Meeting Calendar be received

2.     The draft Meeting Calendar for 2021 be adopted.

 

 

7        Acceptance of grant funding- Department of Planning, Industry and Environment - Greening our City - Cooler suburbs                                

289  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Acceptance of grant funding- Department of Planning, Industry and Environment - Greening our City - Cooler suburbs be received

2.     Council accept the grant of $1,000,400 offered under Stream 1 – Greening our City, Cooler suburbs

3.     Council accept the grant of $120,000 under Stream 2 – Passive stormwater capture/irrigation of street trees

4.     Council accept the grant of $500,000 under Stream 2 – Soper Place revitalisation project

5.     Council write to the Hon Rob Stokes Minister for Planning and Public Spaces thanking him for his support in approving and providing funding for these initiatives.

 

8        RFT20/21-02 5-13 Gidley Street, St Marys Commuter Car Park; Project Manager Engagement (External)                                                 

290  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

That:

1.     The information contained in the report on RFT20/21-02 5-13 Gidley Street, St Marys Commuter Car Park; Project Manager Engagement (External) be received.

2.     The proposal and total fee from APP Corporation Pty Ltd for the amount of $327,670 (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.     Council accept the funding offer from Department of Infrastructure, Transport, Regional Development and Communications for the development of the Gidley Street 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.

 

9        2021 Australian Local Government Women's Association NSW Annual Conference                                                                                     

291  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on 2021 Australian Local Government Women's Association NSW Annual Conference be received.

2.     Council nominate its delegates to attend ALGWA’s NSW Annual Conference, to be held in Shellharbour from Thursday, 18 March to Saturday, 20 March 2021.

3.    Councillors Tricia Hitchen, Robin Cook, Kath Presdee, Karen McKeown OAM and any other interested Councillors attend ALGWA’s NSW Annual Conference.

 

 

10      Summary of Investment & Banking for the Period 1 November 2020 to 30 November 2020                                                                                  

292  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 November 2020 to 30 November 2020 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 November 2020 to 30 November 2020 be noted and accepted.

3.     The graphical Investment Analysis as at 30 November 2020 be noted.

 

 

11      Appointment of a Director on the Board of the Penrith Whitewater Stadium Ltd                                                                                                 

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

That:

1.     The information contained in the report on Appointment of a Director on the Board of the Penrith Whitewater Stadium Ltd be received

2.     Council accept the nomination of Phil Jones as the Paddle Australia representative on the Penrith Whitewater Stadium Board.

3.     Council to write to Phil Jones advising acceptance of his nomination.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           International Sister City Relationships

Councillor Ross Fowler OAM requested a review of Council’s international Sister City relationships and the social, cultural and economic benefits that have accrued from these relationships over the past years.

 

RR 2           Roundabout at Forrester Road and Dunheved Road, St Marys

Councillor Tricia Hitchen requested that the roundabout at the intersection of Forrester Road and Dunheved Road, St Marys be signalised.

 

RR 3           Lighting at Skate Parks      

Councillor Tricia Hitchen requested that Council consider installing lighting in at least one of Council’s skate parks.

 

RR 4           Nepean Motor Raceway     

Councillor Bernard Bratusa requested a letter of endorsement from Council to Nepean Motor Raceway regarding the approval for motorsports.

 

RR 5           Stormwater Drainage at Mount Vernon        

Councillor Bernard Bratusa requested letter correspondence to be sent to all residents at Mount Vernon who are affected by Stormwater Drainage.

 

RR 6           Tree Roots in Erskine Park

Councillor Bernard Bratusa requested an investigation into the tree roots at Erskine Park which are causing damage to the property owned by Mrs Graves.

 

RR 7           Paying of Rates for Pensioners  

Councillor Bernard Bratusa requested that Council look into creating a policy to assist pensioners with the payment of their Council rates.

 

RR 8           Development Application for a Childcare Centre at St Marys          Leagues   

Councillor Greg Davies requested a memorandum regarding an update on the development application for a Childcare Centre at St Marys Leagues.

 

RR 9           Settlers Road Dispute        

Councillor Greg Davies requested a memorandum regarding the Settlers Road dispute regarding the drainage conservation area.

 

RR 10         Redevelopment Surrounding Glenmore Park Shops    

Councillor Todd Carney requested a memorandum to all Councillors regarding the redevelopment surrounding Glenmore Park shops and also a report to a Councillor Briefing to update Councillors on the proposal, if required.

 

RR 11         Road Maintenance    

Councillor Kevin Crameri OAM requested a report to a Councillor Briefing regarding the maintenance of roads to fix cracking of roads in the LGA.

 

RR 12         Water Damage on Roads   

Councillor Greg Davies requested a report regarding the new techniques and products available which reinforce the soil base and prevent water damage on roads.

 

RR 13         Sydney Winter Sports Facility    

Councillor John Thain requested a report to a Councillor Briefing in February 2021 regarding the Sydney Winter Sports Facility, to include a presentation from the proponent.

 

RR 14         Intersection at Links Road and Dunheved Circuit

Councillor Ross Fowler OAM requested an investigation into the intersection at Links Road and Dunheved Circuit, in particular the trees and parked cars along Links Road which cause a blind spot for drivers.

 

 

Committee of the Whole

 

294  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney  that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:56pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Divestment - Lot 55 Lenore Drive Erskine Park                                                            

 

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        Property 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.

 

4        Unsolicited Proposal                                                                                                        

 

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 8:07pm and the General Manager reported that the Committee of the Whole met at 7:56pm on Monday, 14 December 2020, the following being present

 

Her Worship the Mayor, Councillor Karen McKeown OAM, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Ross Fowler OAM, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, 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        Divestment - Lot 55 Lenore Drive Erskine Park                                                             

RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Greg Davies

CW2 That:

1.     The information contained in the report on Divestment - Lot 55 Lenore Drive Erskine Park be received

2.     Council divest Lot 55 DP 1170183 on 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 for the sale of the property.

 

 

3        Property Acquisition                                                                                                         

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain

CW3 That:

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

2.     Council approve the commencement of a formal due diligence period, by way of an agreement/option, as outlined in this report.

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

4.     A further report be provided to a future Council Meeting to advise the outcome of the due diligence.

 

Councillor Mark Davies called for a DIVISION.

 

For

Against

 

Councillor Kevin Crameri OAM

Councillor Bernard Bratusa

Councillor Karen McKeown OAM

Councillor Greg Davies

Councillor Marcus Cornish

Councillor Tricia Hitchen

Councillor Ross Fowler OAM

Councillor Mark Davies

Councillor Kath Presdee

 

Councillor Brian Cartwright

 

Councillor Robin Cook

 

Councillor John Thain  

 

Councillor Todd Carney

 

 

4        Unsolicited Proposal                                                                                                        

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

CW4 That:

1.     The information contained in the report on Unsolicited Proposal be received

2.     Council decline the Unsolicited Proposal submitted by Stimson Urban & Regional Planning (Stimson) on behalf of the Astina Group.

3.     Council proceed with its proposed City Park project and its design as proposed.

 

4.     The subject site remains a strategic landholding for Penrith City Council and its future city shaping activities and initiatives and that Council continues to prepare the site for a longer-term development opportunity.

 

 

 

 

ADOPTION OF Committee of the Whole

 

295  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Brian Cartwright that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3 and CW4 be adopted.

 

 

There being no further business the Chairperson declared the meeting closed the time being 8:07pm.

 

 

 

 

 

 

 I certify that these 11 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 14 December 2020.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date