OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL
LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY
22 FEBRUARY 2021 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
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 Adam Beggs, Governance Coordinator.
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 - 14 December 2020
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1 RESOLVED on
the MOTION of Councillor Greg Davies seconded Councillor Robin Cook that the
minutes of the Ordinary Meeting of 14 December 2020 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict
of Interest – Less then Significant in Item 6 – Transport for
New South Wales (TfNSW) 2020/21 Road Funding Grants, Item 13 – Department
of Planning, Industry and Environment Funding Opportunities, Item 17 –
Sport, Recreation and Play Grant Awards and Item 18 – Greater
Cities Sport Facility Fund 2021, as he is an employee of the Minister of
Sport.
Mayoral Minutes
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1 Passing
of Chris Nobis
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2 RESOLVED on the MOTION of Councillor
Karen McKeown OAM seconded Councillor Ross Fowler OAM that the Mayoral
Minute on Passing of Chris Nobis be received.
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2 Australia
Day Honours Recipients
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3 RESOLVED
on the MOTION of Councillor Karen McKeown OAM seconded Councillor John Thain
that the Mayoral Minute on Australia Day Honours Recipients be
received.
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Notices of Motion
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1 Constitutional
Referendum - Change the method of election of the mayor
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4 A
MOTION was MOVED by Councillor Marcus Cornish seconded Councillor Kevin
Crameri OAM
That:
1. Council
hold a constitutional referendum at the September 2021 Election seeking the community’s
agreement to abolish all Wards and introduce a popularly elected Mayoral
Election from 2024.
2. Council’s
Election Contractor be contacted and notified of the requirement to hold a
constitutional referendum at the September 2021 election.
On being PUT to the Meeting, the MOTION was LOST.
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Reports of Committees
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1 Report
and Recommendations of the Penrith Community Safety Partnership Meeting held
on 21 October 2020
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5 RESOLVED on the MOTION of Councillor
Kath Presdee seconded Councillor Todd Carney that the recommendations
contained in the Report and Recommendations of the Penrith Community Safety
Partnership meeting held on 21 October, 2020 be adopted.
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2 Report
and Recommendations of the Access Committee Meeting held on 9 December 2020
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6 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Marcus Cornish that the
recommendations contained in the Report and Recommendations of the Access
Committee meeting held on 9 December, 2020 be adopted.
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3 Report
and Recommendations of the Heritage Advisory Committee Meeting held on 16
December 2020
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7 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Brian Cartwright that
the recommendations contained in the Report and Recommendations of the
Heritage Advisory Committee meeting held on 16 December, 2020 be adopted.
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4 Report
and Recommendations of the Local Traffic Committee Meeting held on 1 February
2021
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8 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 1 February, 2021 be adopted.
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DELIVERY PROGRAM
REPORTS
Outcome
2 - We plan for our future growth
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1 Draft
Development Control Plan - Mamre Road Precinct
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9 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Kath Presdee
That:
1. The
information contained in the report on Draft Development Control Plan - Mamre
Road Precinct be received
2. Council
endorse the Final Submission to Draft Mamre Road Development Control Plan
provided as Attachment 1 to this report to be forwarded to the Department of
Planning, Industry and Environment for their consideration.
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2 Submission
on Place-based Infrastructure Compact
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10 RESOLVED on the MOTION of
Councillor Marcus Cornish seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Submission on Place-based
Infrastructure Compact be received
2. Council
endorse the Submission attached to this report to be forwarded to the Greater
Sydney Commission for its consideration
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3 Submission
to draft Fernhill Estate Plan of Management 2030
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11 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Kath Presdee
That:
1. The
information contained in the report on Submission to draft Fernhill Estate
Plan of Management 2030 be received
2. Council
endorse the Submission attached to this report to be forwarded to the NSW
Government’s Greater Sydney Parklands agency for its consideration
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4 Submission
on Draft Western Sydney Aerotropolis Special Infrastructure Contributions
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12 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Kath Presdee
That:
1. The
information contained in the report on Submission on Draft Western Sydney
Aerotropolis Special Infrastructure Contributions be received
2. Councillors
endorse the submission on the Western Sydney Aerotropolis Special
Infrastructure Contribution as Attachment 1 of this report to be provided to
the Department of Planning, Industry and Environment for their consideration.
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5 Nomination
for Panel Member to the Sydney Western City Planning Panel
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13 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Nomination for Panel Member to the
Sydney Western City Planning Panel be received.
2. The Panel
Secretariat of the Sydney Western City Planning Panel be advised of the
outcome of the nomination(s).
3. Councillor Ross
Fowler OAM be nominated as the primary Panel Member and Her Worship The Mayor
Councillor Karen McKeown OAM be nominated as the alternate Panel Member to
the Sydney Western City Planning Panel.
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Outcome
3 - We can get around the City
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6 Transport
for New South Wales (TfNSW) 2020/21 Road Funding Grants
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14 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Transport for New South Wales (TfNSW)
2020/21 Road Funding Grants be received
2. The TfNSW
2020/21 Program Funding Block Grant of $1,191,000 be accepted.
3. The Common
Seal of the Council of the City of Penrith be affixed to the “Agreement
for Block Grant Assistance to Council for Regional Roads 2020/21”.
4. Council
write to the State Government formally thanking them for the Road Funding
Grants
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7 Acceptance
of Grant Funding - Local Road and Community Infrastructure Program -
extension of program
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15 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Acceptance of Grant Funding -
Local Road and Community Infrastructure Program - extension of program be
received
2. Council
accept the grant funding of $6,613,341
3. Council
endorse the Work schedules as listed in the report
4. Council
write to The Hon Michael McCormack MP,
Deputy Prime Minister - Minister for Infrastructure, Transport and Regional
Development and The Hon Mark Coulton MP - Minister for Regional Health,
Regional Communications and Local Government and Melissa McIntosh, Federal MP
for Lindsay, thanking them for the funding.
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Outcome
4 - We have safe, vibrant places
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8 RFT
19/20-08 Major Mechanical Services
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16 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on RFT 19/20-08 Major Mechanical Services
be received
2. A three
(3) year contract with an option to extend two (2) x one (1) year periods,
subject to satisfactory performance be awarded to Interchillers, as the
provider of major mechanical services in accordance with the terms and
conditions of the Tender.
3. The Common
Seal of the Council of the City of Penrith be placed on all documentation as
necessary.
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9 RFT
20/21-15 Civic Centre Ground Floor Refurbishment - Stage 2
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17 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on RFT 20/21-15 Civic Centre Ground Floor
Refurbishment - Stage 2 be received
2. Hunter
Mason Pty Ltd be awarded the contract subject to the execution of a formal
agreement for Civic Centre Ground Floor Refurbishment – Stage 2, for an
amount of $1,101,259.74 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 RFT
20/21-16 Werrington County Childcare Centre Refurbishment
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18 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on RFT 20/21-16 Werrington County
Childcare Centre Refurbishment 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 Werrington County
Childcare centre for the amount of $500,876.40 ex GST excluding GST.
3. The
Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
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11 RFT
20/21-17 Refurbishment of Platypus and Jamisontown Childcare Centres
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19 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on RFT 20/21-17 Refurbishment of Platypus
and Jamisontown Childcare Centres 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 Platypus and Jamisontown
Childcare centres for the amount of $980,522.32 excluding GST.
3. The
Common Seal of the Council of the City of Penrith be placed on all
documentation as necessary.
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12 Works
on private land for Kingswood Gateway project
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20 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Works on private land for Kingswood
Gateway project be received
2. Council approve
public works on private land as described in this report.
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13 Department
of Planning, Industry and Environment Funding Opportunities
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21 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Department of Planning, Industry and
Environment Funding Opportunities be received
2. Council
endorse the Festival of Place Summer Fund funding for $10,000 from the NSW
Department of Planning, Industry and Environment for the Live, Work, Play
Grid.
3. Council
endorse the application for $972,782 grant funding to NSW Department of
Planning, Industry and Environment for Your High Street Project.
4. Council
write to relevant State Members thanking them for their funding support
towards delivering placemaking and activation of public spaces initiatives.
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14 Naming
of Reserve - John Gandell Reserve, Caddens
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22 RESOLVED on the MOTION of Councillor
Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Naming of Reserve - John Gandell
Reserve, Caddens be received
2. Council
endorse the naming of the reserve corner of Murcott Terrace and Bargo Boulevard,
Caddens – Lot 159 DP1172506 as John Gandell Reserve and advice be
provided to the Geographical Names Board in this regard to enable the
official gazetting.
3. Following
gazettal, a sign denoting the reserve name be installed and an official naming
ceremony be held.
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15 Charity
Clothing Bins Policy
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23 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Charity Clothing Bins Policy be
received
2. Council
rescind the current policy Charity Clothing Bins (PDAS006) allowing
charity clothing bins to be placed on Council owned land.
3. Council
assist charity clothing bin operators to remove bins from Council owned land
and assist National Association of Charitable Recycling Organisations (NACRO)
Charities in finding alternate, appropriate locations on private land over
the next six months.
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Outcome
5 - We care about our environment
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16 Supporting
Sustainable Choices Scheme
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24 RESOLVED
on the MOTION of Councillor Kath Presdee seconded Councillor John Thain
That:
1. The
information contained in the report on Supporting Sustainable Choices Scheme
be received.
2. The Waste
and Resource Recovery Team seek further grant funding under the NSW EPA Better
Waste Recycling Fund to continue the Supporting Sustainable Choices Scheme
to 30 June 2021 with no financial contribution from Council.
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Outcome
6 - We are healthy and share strong community spirit
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17 Sport,
Recreation and Play Grant Awards
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25 RESOLVED on the MOTION of Councillor
Kevin Crameri OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Sport, Recreation and Play Grant
Awards be received
2. Council
endorse both the $400,815 funding offered from the NSW Government and Cricket
Australia Funds and, signing funding agreements for the projects at:
o NSW
Government Community Building Partnership 2020 Round
§ Brooker
and Day playspace upgrade – $57,787
§ Spence Park playspace upgrade - $33,028
o NSW
Government ICC T20 Legacy Fund
§ Bill
Ball Oval, Cook Park, amenity upgrade $100,000
o Australian
Cricket Infrastructure Fund
§ Bill
Ball Oval, Cook Park, amenity upgrade $50,000
o NSW
Government Crown Reserves Improvement Fund
§ Dukes
Oval Floodlight upgrades $160,000 (incl. GST)
3. Council
write to the relevant State Members, Ministers, Cricket NSW, Cricket
Australia and Penrith Cricket Club thanking them for their funding support
towards delivering improved sport and recreation facilities.
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18 Greater
Cities Sport Facility Fund 2021
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26 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish
That:
1. The
information contained in the report on Greater Cities Sport Facility Fund
2021 be received
2. Council
endorse the applications be prepared and submitted for GCSFF;
- Doug
Rennie Field (Chapman Gardens Precinct), Kingswood - amenity upgrade.
- The
Kingsway North, Werrington – irrigation and field surface improvements.
- Surveyors
Creek Softball Facility, Glenmore Park – floodlight installation.
3. Council
endorse the funding allocations from existing budgets allocated to the
projects as contributions to be included in the grant application:
- Doug
Rennie Field amenity upgrade, $750,000
- The
Kingsway North – irrigation and field upgrade, $100,000
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Outcome
7 - We have confidence in our Council
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19 Organisational
Performance and Financial Review - December 2020
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27 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Organisational Performance and
Financial Review - December 2020 be received.
2. The Organisational
Performance and Financial Review - December 2020 as at 31 December 2020,
including the revised estimates outlined in this report and detailed in the
Organisational Report - December 2020, be adopted.
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20 2021
Australian Local Government Association (ALGA) Annual General Assembly
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28 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on 2021 Australian Local Government
Association (ALGA) Annual General Assembly be received
2. Council Officers
develop a motion for the conference, concerning a national code for waste
collection, reuse and recycling, with an emphasis on sustainable practices
and any other motions as requested by Councillors.
3. Council
nominate Her Worship The Mayor, Councillor Karen McKeown OAM as the voting
delegate for the 2021 National General Assembly of Local Government
4. Council
nominate any Councillors who wish to attend as observers at the 2021 National
General Assembly of Local Government.
5. Leave of
absence be granted to all Councillors attending the 2021 National General
Assembly of Local Government to be held in Canberra from 20 – 23 June
2021.
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21 Summary
of Investment & Banking for the Period 1 December 2020 to 31 December
2020
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29 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Summary of Investment & Banking
for the Period 1 December 2020 to 31 December 2020 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the Period 1 December 2020 to 31 December 2020 be noted
and accepted.
3. The
graphical Investment Analysis as at 31 December 2020 be noted.
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22 Summary
of Investment & Banking for the Period 1 January 2021 to 31 January 2021
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30 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Brian Cartwright
That:
1. The
information contained in the report on Summary of Investment & Banking
for the Period 1 January 2021 to 31 January 2021 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the Period 1 January 2021 to 31 January 2021 be noted and
accepted.
3. The
graphical Investment Analysis as at 31 January 2021
be noted.
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23 Audit,
Risk and Improvement Committee
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31 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Brian Cartwright that the
information contained in the report on Audit, Risk and Improvement Committee
be received.
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REQUESTS FOR REPORTS AND MEMORANDUMS
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RR 1 196
Desborough Road, Colyton
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Councillor Bernard Bratusa requested
information on behalf of Patricia Quintell in regards to the third rental
dwelling currently under construction at 196 Desborough Road, Colyton.
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RR 2 Council
Advertising
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Councillor Bernard Bratusa requested a
memorandum outlining the proofreading process that is undertaken in relation
to Council’s advertising material, in particular the recent E-Waste
advertisement.
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RR 3 Apology
in Relation to Councillor Briefing held on 15 February 2021
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Councillor Bernard Bratusa stated a
sincere apology towards The Mayor, General Manager, Councillor Colleagues,
Council Staff and anyone who was offended by his comments made at the
Councillor Briefing held on 15 February 2021.
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RR 4 St
Clair Dog Park
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Councillor Mark Davies requested
information on behalf of Becky Lee Chenoweth regarding disability access
issues, in particular wheel chair access at St Clair Dog Park.
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RR 5 Apology
in Relation to Councillor Briefing on 15 February 2021
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Councillor Mark Davies stated a sincere
apology towards anyone who was offended by his frustrations expressed at the
Councillor Briefing held on 15 February 2021.
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RR 6 Slashing
at Intersection at Llandilo Road and Second Road, Berkshire
Park
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Councillor Kevin Crameri OAM requested
that the intersection of Llandilo Road and Second Road, Berkshire Park be
slashed immediately due to road safety issues.
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RR 7 Slashing
at Northern Side of Vincent Road, Cranebrook
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Councillor Kevin Crameri OAM requested
that the Northern Side of Vincent Road be slashed around the bus stop near
Hydrus Street.
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RR 8 Culvert
on the Intersection of Vincent Road and The Northern Road, Cranebrook
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Councillor Kevin Crameri OAM requested
that the culvert at the intersection of Vincent Road and The Northern Road,
Cranebrook be attended to, as it is currently blocked.
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RR 9 Footpath
near Xavier College, Llandilo
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Councillor Kevin Crameri OAM requested
that gravel be put down across the road from Xavier College near the new
substation to improve pedestrian access.
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RR 10 Update
on LEPS
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Councillor Kevin Crameri OAM requested a
memorandum regarding an update on the LEPS.
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RR 11 Complying
Development Codes
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Councillor John Thain requested a report
to a Councillor Briefing regarding Complying Development Codes.
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RR 12 Thornton
Estate Oval
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Councillor Ross Fowler OAM requested
that Council consider implementing a leash-free dog area, at least on a timed
basis at the Thornton Estate Oval.
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RR 13 Walking/Running
Event from Penrith City Centre to Penrith Lakes
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Councillor Ross Fowler OAM requested a
report regarding an update on the walking/running event from the Penrith City
Centre to Penrith Lakes, including the costing, sponsorship and potential
funding from the government and organisations.
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RR 14 Re-sheeting
of Taylor Road, Londonderry
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Councillor Marcus Cornish requested
information regarding if Taylor Road, Londonderry will be re-sheeted north of
the school.
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RR 15 RMS
Mobile Speed Cameras
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Councillor Marcus Cornish requested
clarification in relation to if it is legal for RMS mobile speed camera operators
to use their phones whilst behind the wheel.
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RR 16 Plans
for Penrith Lakes
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Councillor Greg Davies requested a
report to a Councillor Briefing regarding the intended plans for Penrith
Lakes.
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Committee of the Whole
32 RESOLVED on the MOTION of Councillor Brian
Cartwright seconded Councillor Aaron Duke that the meeting adjourn to the
Committee of the Whole to deal with the following matters, the time being 8:08pm.
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Ross Fowler OAM
seconded Councillor Brian Cartwright that the press and public be excluded from
Committee of the Whole to deal with the following matters:
Outcome 7
2 Borrowing
Program 2020-21
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 Jordan
Springs East
This item has been referred to
Committee of the Whole as the report refers to advice concerning litigation, or
advice that would otherwise be privileged from production in legal proceedings
on the ground of legal professional privilege and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 8:33pm and the General Manager reported that
the Committee of the Whole met at 8:08pm on Monday, 22 February 2021, the
following being present
Her Worship the Mayor, Karen McKeown OAM, Deputy Mayor, Tricia
Hitchen and Councillors Ross Fowler OAM, Jim Aitken OAM, Bernard Bratusa, Todd
Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg
Davies, Mark Davies, Aaron Duke, 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 Borrowing
Program 2020-21
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RECOMMENDED on the MOTION of Councillor
Kevin Crameri OAM seconded Councillor Ross Fowler OAM
CW2 That:
1. The
information contained in the report on Borrowing Program 2020-21 be received.
2. Council
note that Commonwealth Bank of Australia was the successful lender for the
renewal loan in the Council’s 2020-21 Borrowing Program.
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Councillor Bernard Bratusa declared a Pecuniary Interest in Item
3 – Jordan Springs East, as his daughter owns a property in Jordan
Springs.
Councillor Bernard Bratusa left the meeting, the time being
8:14pm.
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3 Jordan
Springs East
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RECOMMENDED on the MOTION of Councillor
Kevin Crameri OAM seconded Councillor Marcus Cornish
CW3 That:
1. The
information contained in the report on Jordan Springs East be received.
2. Notations
be applied to planning certificates pursuant to section 10.7(5) of the EPA
Act in the manner identified in this report.
3. The
General Manager be authorised to add, amend, vary or revoke notations on
planning certificates, including the geographical extent, should advice be
received from Council’s geotechnical or legal consultant’s
advising the amendment, variation or revocation of notations on planning
certificates.
4. Letters
be sent to owners of the relevant properties to advise them that a notation
will be applied to planning certificates for their property pursuant to
section 10.7(5) of the EPA Act.
5. Where a
person applies for a planning certificate pursuant to section 10.7(2) of the
EPA Act for a property that has the above notation, then the information
pursuant to section 10.7(5) is to be included on the certificate when issued
to that person.
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ADOPTION OF
Committee of the Whole
33 RESOLVED on the MOTION of Councillor Brian
Cartwright seconded Councillor Aaron Duke that the recommendations contained in
the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.
Councillor Bernard Bratusa returned to the meeting, the time
being 8:33pm.
There being no further business the Chairperson declared the
meeting closed the time being 8:36pm.
I certify that these 14
pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council
held on 22 February 2021.
____________________
______________
Chairperson
Date