OF THE ORDINARY MEETING OF PENRITH CITY HELD REMOTELY USING AUDIO VISUAL LINKS, AUDIO STREAMED ON THE COUNCIL WEBSITE AND IN THE COUNCIL CHAMBERS ON MONDAY 22 MARCH 2021 AT 7:05PM
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 Governance Coordinator, Mr Adam Beggs.
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 (arrived 7.54pm), Mark Davies, Ross Fowler OAM, Kath Presdee and John Thain.
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34 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen that the apology from Councillor Aaron Duke be accepted. |
DECLARATIONS OF INTEREST
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 2 – 39 Henry Street, Penrith Planning Proposal and VPA offer as he is a Director of a company that owns land in the vicinity of the property the subject of this report. Councillor Fowler stated that he would vacate the meeting during consideration of this item.
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 3 – 57 Henry Street, Penrith Planning Proposal and VPA offer as he is a Director of a company which is an owner of a property adjoining the property the subject of the planning proposal. Councillor Fowler OAM stated that he would vacate the meeting during consideration of this item.
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36 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7.13pm. |
Mr Robert Simpson
Item 3 - 57 Henry Street, Penrith Planning Proposal and VPA offer
A Council staff member read out Mr Robert Simpson’s application to address the Ordinary Meeting and outlined his reason for not supporting the motion as follows:
Mr Simpson expressed concerns regarding the floor space ratio of the proposed development and described the proposal as essentially a residential development with minimal commercial and retail space. Mr Simpson also viewed that the community infrastructure levy is far too low, and that disruption would occur to traffic flow in the area due to the proposed plan of the entry/exit.
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37 RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that Standing Orders be resumed, the time being 7.16pm. |
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38 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Oxley Park Public School Green Flag Accreditation be received.
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39 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Kevin Crameri OAM that the Mayoral Minute on Flooding in Penrith be received. |
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1 Reports and Recommendations of the Access Committee Meeting held on 10 February 2021 |
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42 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 February, 2021 be adopted.
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2 Report and Recommendations of the Heritage Advisory Committee Meeting held on 16 February 2021 |
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43 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kath Presdee that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 16 February, 2021 be adopted.
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3 Report and Recommendations of the Resilience Committee Meeting held on 17 February 2021 |
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44 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 17 February, 2021 be adopted.
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4 Report and Recommendations of the Local Traffic Committee Meeting held on 1 March 2021 |
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45 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 1 March, 2021 be adopted.
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Outcome 2 – We plan for our future growth
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1 Aerotropolis Precinct Plan Submission Councillor Greg Davies arrived at the meeting, the time being 7.54pm. |
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46 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on Aerotropolis Precinct Plan Submission be received 2. Council endorse the submission on the Aerotropolis Precinct Plan and associated documents provided as Attachment 1 to this report to be provided to the Department of Planning, Industry and Environment for their consideration. 3. The submission include a preferred zoning of the Luddenham Village Precinct to B3 (Business) zoning.
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Having previously declared a Pecuniary Interest in Items 2 and 3, Councillor Ross Fowler OAM vacated the meeting, the time being 7.54pm.
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47 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor John Thain That: 1. The information contained in the report on 39 Henry Street, Penrith Planning Proposal and VPA offer be received. 2. Council endorse the VPA offer presented in this report. 3. A Planning Agreement be prepared in accordance with the terms agreed in the VPA offer, then publicly notified, and then executed by Council’s General Manager and the proponent. 4. Upon execution of the Planning Agreement, the associated Planning Proposal be forwarded to the NSW Department of Planning, Industry and Environment to request the making of the Local Environmental Plan amendment. 5. An amendment to Penrith Development Control Plan 2014 to support the Planning Proposal is not required. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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48 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright that consideration of this matter be deferred until all information has been completed regarding this planning proposal, including referral to the Heritage Advisory Committee. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Outcome 4 - We have safe, vibrant places
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4 RFT20/21-23 Chapman Gardens Amenities Councillor Ross Fowler OAM returned to the meeting, the time being 8:02pm. |
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49 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on RFT20/21-23 Chapman Gardens Amenities be received 2. The tender from Coverit Building Group Pty Ltd, for the amount of $1,021,375.00 (excluding GST) be accepted for Chapman Gardens Amenities, Kingswood. 3. The Common Seal of the Council of the City of Penrith be placed on all documentation as necessary.
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Outcome 5 - We care about our environment
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 5 - Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2020/21 as he is an employee of the Minister for Sport.
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5 Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2020/21 |
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50 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish That: 1. The information contained in the report on Acceptance of Grant Funding Offers - NSW Floodplain Management Program 2020/21 be received. 2. Council accept the grant funding offers from the NSW Government for the following studies: a. Peach Tree and Lower Surveyors Creek Catchment Floodplain Risk Management Study and Plan - $198,664; b. Doonmore Street, Penrith retarding Basin – Detailed investigation and Detailed Design - $160,000; and c. St Marys Flood Protection Levee Upgrade – Investigation and Detailed Design – $194,000. 3. Council write to Local Members and the Department of Planning, Industry and Environment, expressing appreciation of their continued support and funding towards Council’s Floodplain Management programs. |
Outcome 6 - We are healthy and share strong community spirit
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6 Reimagine Ageing Festival grant - Projects recommended for funding |
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51 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney That: 1. The information contained in the report on Reimagine Ageing Festival grant - Projects recommended for funding be received 2. The 7 projects listed in Table 1 be funded as part of the Reimagine Ageing Festival 2021.
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52 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the information contained in the report on Youth Week 2021 Program be received.
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53 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney That: 1. The information contained in the report on Greening the Great West Walk be received 2. Council accept the $245,995 (ex GST) grant funding from the NSW Department of Planning Industry and Environment’s Greening the Great West Walk project. 3. Letters of thanks be sent to the Minister for Planning, the Hon Rob Stokes MP, and the Local Member, the Hon Stuart Ayres MP. 4. 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
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9 2021 Australian Local Government Association (ALGA) National General Assembly |
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54 RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM That: 1. The information contained in the report on 2021 Australian Local Government Association (ALGA) National General Assembly be received. 2. The 4 Motions outlined in this report be endorsed and adopted for submission to the National General Assembly. |
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55 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on Proposed Road Closure - Part Webb Street Werrington be received 2. Part Webb Street, as identified within the report, be permanently closed in accordance with the Roads Act 1993. 3. The parcel of closed road, once registered and vested in Council, be classified as Operational Land in accordance with the Local Government Act. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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11 Summary of Investment & Banking for the Period 1 February 2021 to 28 February 2021 |
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56 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on Summary of Investment & Banking for the Period 1 February 2021 to 28 February 2021 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 February 2021 to 28 February 2021 be noted and accepted. 3. The graphical Investment Analysis as at 28 February 2021 be noted.
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12 Lot Consolidation – Soper Place – 5-17 Lawson Street, Penrith |
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57 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kath Presdee That: 1. The information contained in the report on Lot Consolidation – Soper Place – 5-17 Lawson Street, Penrith be received 2. Council approve the consolidation of Lots 1 & 2 DP198253, Lot 1 DP198453, Lot 10 DP849474, Lot 1 DP859369, Lot 10 DP859371, Lot 1 DP995047 and Lots 1, 2 & 3 DP1159119. 3. The Common Seal of the Council of the City of Penrith be affixed to any necessary documentation. |
REQUESTS FOR REPORTS AND MEMORANDUMS
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Councillor Bernard Bratusa requested that action be taken to find a solution to the method of calculating rural rates which currently results in high rates being paid by rural landowners when adequate services are not provided. |
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Councillor Tricia Hitchen requested that the Local Traffic Committee consider the provision of a bus stop on the southern side of Kingswood Railway Station as the lack of parking on the southern side means that public transport is the only way the majority of people can access the station. |
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Councillor Tricia Hitchen requested that the Local Traffic Committee take urgent action to make Wainwright Lane, Kingswood a one-way street or one with no parking permitted. |
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RR 4 Provision of Hoist and Accessible Changerooms at Ripples |
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Councillor Tricia Hitchen requested the installation of a hoist and addition of accessible changerooms at Ripples. |
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Councillor Tricia Hitchen requested a Councillor Briefing to consider the matter of the Warragamba Dam Wall once the Environmental Impact Statement has been completed and released and that urgent representations are made to DPIE to obtain all relevant information to allow an informed decision. |
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Councillor Marcus Cornish requested a memo reply to all Councillors detailing how many buildings Council has with Australian flags on poles outside and how often the condition of these flags is checked, with a list of these buildings with flags to be provided in the memo. |
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Councillor Marcus Cornish requested information regarding the indexing or rebate for payment of Council rates by pensioners since 1993 and requested a Councillor Briefing on this matter. |
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Councillor Marcus Cornish requested a memo reply advising whether the NSW Government has any plans to install east bound ramps on the M4 Motorway at Bennett Road to ease traffic congestion on Council roads around St Clair and Colyton. |
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Councillor Kevin Crameri OAM asked if it was possible to get a copy of the Penrith core centre transport management study and if it is confidential. |
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Councillor Kevin Crameri OAM referred to his previous request for a boom gate on Eighth Avenue west of South Creek and requested an update on the current situation. |
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Councillor Kevin Crameri OAM referred to his previous request regarding the possibility of a koala reserve in former ADI site and requested a memo providing an update. |
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Councillor Kevin Crameri OAM advised that a tree fell on Second Avenue at the corner of Fifth Avenue and that this blocked the evacuation route for three hours and requested that consideration be given to what things can impact on this flood evacuation route. |
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Councillor John Thain requested that consideration be given to installing a plaque in one of Council’s children’s playgrounds to commemorate the contribution of Council staff member, the Late Matthew Morris. |
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Councillor Mark Davies requested an audit of flags which are located in Council’s community centres. |
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Councillor Greg Davies requested a list of residential properties which currently incur rates of $10,000 or more. |
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Councillor Greg Davies requested a history of pensions and how they were brought in. |
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Councillor Marcus Cornish requested that the Local Traffic Committee investigate reopening Caddens Road, and if the State Member could be approached to fund safety measures to enable its reopening. |
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Councillor Kevin Crameri OAM requested a Councillor Briefing on the land stewardship in NSW and the Boset map and the questionnaire. |
58 RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Ross Fowler OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:38pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Robin Cook that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 7
2 Acquisition for Carparking
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.
3 Compulsory Acquisition by Sydney Metro - 36-38 Harris Street North St Marys
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.
4 Creation and Modification of Drainage Easements over Council Land - 34 Braddon Street, Oxley Park
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 Creation of Drainage Easements over Council Land - 146-150 Derby Street Penrith (Spence Park)
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.
Outcome 2
6 Fire Safety Update
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 9:03pm and the Chairperson reported that the Committee of the Whole met at 8:38pm on 22 March 2021, the following being present
His 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.
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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RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Kath Presdee CW2 That this matter be deferred and presented to a Councillor Briefing following consultation with the owners of the adjoining site.
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3 Compulsory Acquisition by Sydney Metro - 36-38 Harris Street North St Marys |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain CW3 That: 1. The information contained in the report on Compulsory Acquisition by Sydney Metro - 36-38 Harris Street North St Marys be received 2. Council divest Lots 1 & 2 DP1127305 known as 36-38 Harris Street, North St Marys in accordance with the terms and conditions listed within the report. 3. The common seal of the Council of the City of Penrith be placed on any necessary documentation.
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4 Creation and Modification of Drainage Easements over Council Land - 34 Braddon Street, Oxley Park |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa CW4 That: 1. The information contained in the report on Creation and Modification of Drainage Easements over Council Land - 34 Braddon Street, Oxley Park be received 2. Council grant a drainage easement over Lot 118 DP 243599 to the benefit of Lot 2 DP 214825 and Lot C DP 432667 as per the terms and conditions listed within the report. 3. Council agree to modify the existing drainage easements over Lot 118 & 119 DP 243599 and Lot 21 DP 714873, to include Lot 2 DP 214825 and Lot C DP 432667 as a benefiting party. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.
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5 Creation of Drainage Easements over Council Land - 146-150 Derby Street Penrith (Spence Park) |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish CW5 That: 1. The information contained in the report on Creation of Drainage Easements over Council Land - 146-150 Derby Street Penrith (Spence Park) be received 2. Council grant two new Drainage Easements over Lot 2 DP 505483 to benefit Lot 1 DP1230116 in accordance with the terms and conditions listed in this report. 3. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.
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RECOMMENDED on the MOTION of Councillor Todd Carney seconded Councillor Jim Aitken OAM CW6 That: 1. The information contained in the report on Fire Safety Update be received. 2. Council issue a Fire Safety Order in accordance with the terms of the Notice of Intention to Serve an Order. 3. Council continue to monitor the property as part of its Fire Safety Audit Program and take any further action as necessary. 4. Fire and Rescue NSW be advised of Council’s decision.
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ADOPTION OF Committee of the Whole
59 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright 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 9:04pm.
I certify that these 14 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 22 March 2021.
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Chairperson Date