CONFIRMED MINUTES

 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 26 APRIL 2021 AT 7:04PM

 

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, Mark Davies, Aaron Duke, Ross Fowler OAM, Kath Presdee and John Thain.

  

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 March 2021

60  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 22 March 2021 be confirmed.

  

DECLARATIONS OF INTEREST

There were no declarations of interest. 

  

 

Mayoral Minutes

 

1        Mayoral Charity Golf Day                                                                           

61  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Mayoral Charity Golf Day be received.

 

Reports of Committees

 

1        Report and Recommendations of the Policy Review Committee Meeting held on 19 April 2021                                                                   

62  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Brian Cartwright that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 19 April, 2021 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We can work close to home

 

1        Grant Funding Offer - Regional Tourism Bushfire Recovery Grant Program                                                                                                       

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

That:

1.     The information contained in the report on Grant Funding Offer - Regional Tourism Bushfire Recovery Grant Program be received

2.     Council note receipt and endorse acceptance of the grant.

 

 

Outcome 2 - We plan for our future growth

 

2        Proposed Design and Place State Environmental Planning Policy     

64  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Proposed Design and Place State Environmental Planning Policy be received.

2.     Council endorse the draft submission to the proposed Design and Place SEPP and that this submission is provided to the Department of Planning, Industry & Environment for their consideration.

 

 

3        Planning Proposal to reclassify land on Reynolds Road and The Driftway, Londonderry                                                                               

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

That:

1.     The information contained in the report on Planning Proposal to reclassify land on Reynolds Road and The Driftway, Londonderry be received.

2.     Council endorse the Planning Proposal that seeks to reclassify seven sites owned by Hawkesbury City Council on Reynolds Road and The Driftway, Londonderry which is provided as a separate enclosure to this report.

3.     The General Manager be granted delegation to make minor and administrative changes to the Planning Proposal referred to in resolution 2 prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for finalisation.

4.     Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces with a request to make the local environmental amendments. 

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

For

Against

 

Councillor Kath Presdee

 

Councillor Robin Cook

 

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor Aaron Duke

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown OAM

 

 

 

Outcome 3 - We can get around the City

 

4        RFT2021-12 Dunheved Road Design Tender                                           

66  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on RFT20/21-12  12 Dunheved Road Upgrade – Investigation, concept & detailed design and for construction documentation be received

2.     Cardno (NSW/ACT) Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT20/21-12 Dunheved Road Upgrade – Investigation, concept & detailed design and for construction documentation for an amount of $1,737,314 excluding GST.

3.     Cardno (NSW/ACT) Pty Ltd to also be awarded for provisional items and construction phase services for an amount of $572,067 excluding GST.

4.     The Common Seal of the Council of the City of Penrith be placed on all documentation, if necessary.

 


 

 

Outcome 6 - We are healthy and share strong community spirit

 

5        RFT20/21-26 Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting                                                                                  

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

That:

1.     The information contained in the report on RFT20/21-26 Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting be received

2.     The tender from Central West Electrical Contractors Pty Ltd, for the amount of $338,060.00 (excluding GST) be accepted for Dukes Oval & Monfarville Reserve Baseball Stage 1 Sports Field Lighting.

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

 

8        Audit, Risk and Improvement Committee                                                

68  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Audit, Risk and Improvement Committee be received

2.     The revised Enterprise Risk Management Framework Policy be adopted

3.     Council extend the appointment of Mr Bruce Turner AM (Chair), Ms Elizabeth Gavey, Mr Darren Greentree and Mr John Barbeler as independent external members of Council’s ARIC, for a further 12-months.

 

9        Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248       

69  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Registration of a restriction and a positive covenant over Council owned land located at 86 Reid Street Werrington, Lot 5 DP28248 be received

2.     Council permit the registration of a restriction as to the user and a positive covenant relating to the stormwater management system

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

 


 

 

11      Summary of Investment & Banking for the Period 1 March 2021 to 31 March 2021                                                                                                  

70  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 March 2021 to 31 March 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period 1 March 2021 to 31 March 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 31 March 2021 be noted.

 

6        RFT2021-21 Provision of Banking Services                                            

71  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on RFT2021-21 Provision of Banking Services be received.

2.     The Commonwealth Bank of Australia be reappointed to provide Transactional Banking services to Council for the period 1 July 2021 to 30 June 2027 with the possibility by Council to extend for a further two (2) x two (2) year options.

3.     National Australia Bank be appointed to provide Purchase/Corporate Card services to Council for the period 1 July 2021 to 30 June 2027 with the possibility by Council to extend for a further two (2) x two (2) year options.

 

7        Exhibition of Draft Delivery Program (2017-22) & Draft 2021-22 Operational Plan (including Draft 2021-22 Fees & Charges)                 

72  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Exhibition of Draft Delivery Program (2017-22) & Draft 2021-22 Operational Plan (including Draft 2021-22 Fees & Charges) be received.

2.     In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005, the Draft Delivery Program 2017-22 (incorporating the Operational Plan for 2021-22 and Draft Fees and Charges 2020-21) be placed on Public Exhibition for 28 days commencing on Monday 3 May 2021 and closing on Monday 31 May 2021 (inclusive).

3.     The Public Exhibition arrangements are implemented as detailed in this report, and submissions from the community are invited.

 

 


 

 

10      131 Henry St, Penrith - Next Steps                                                           

73  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on 131 Henry St, Penrith - Next Steps be received

2.     Council progress with the lodgement of:

a.   The Capital Expenditure Review to Council for its consideration at the earliest opportunity, and

b.   The Development Application to define planning certainty for the site.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1           131 Henry Street (old Council Chambers)   

Councillor Kath Presdee requested that information be provided to all Councillors about the process being followed to keep all tenants of 131 Henry Street (old Council Chambers) informed of the progress of the redevelopment of the new site. Councillor Presdee also requested that information be provided to Councillors on what assistance, if any, Council will be providing to enable the community groups who are located in the building to find new premises. Such information should be provided on an ongoing basis as part of regular updates on the redevelopment process to Council.

 

UB 1           Zonta Club of Nepean Valley - Support for provision of community        programs 

Councillor Kath Presdee requested that an amount of $1,000 be allocated from South Ward voted works to the Zonta Club of Nepean Valley Inc to provide support for their community programs, as they have not had the ability to fundraise over the past year due to COVID.

74  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marcus Cornish 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.

 

75  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marcus Cornish that an amount of $1,000 be allocated from South Ward voted works to the Zonta Club of Nepean Valley Inc to provide support for their community programs, as they have not had the ability to fundraise over the past year due to COVID.

 

 

 

 

 

 

 

RR 2           Celebration of Waitangi Day       

Councillor Tricia Hitchen requested that Council assist residents of St Marys who are of Pacific Islander descent in recognising and celebrating Waitangi Day which is on 6 February and celebrates New Zealand’s National Day.

 

RR 3           ANZAC Day Dawn Service, 2021

Councillor Bernard Bratusa congratulated everyone who was associated with organising this year’s ANZAC Day Dawn Services in Penrith and St Marys.

 

RR 4           Mark Leece Oval, St Clair   

Councillor Bernard Bratusa requested a memo reply to all East Ward Councillors clarifying the status of current lighting works at Mark Leece Oval, St Clair and whether or not the lack of facilities is forcing users of the fields to restrict and/or reschedule training sessions due to lack of lighting.

 

RR 5           Recreational Fields near Banks Drive and Shakespeare Drive,       St Clair     

Councillor Bernard Bratusa requested a memo reply providing clarification of Council’s role and/or responsibilities in the management of the recreational fields near Banks Drive and Shakespeare Drive, St Clair and also if the recreational footprint is a Council asset, as this area is currently being used by trail bike riders.

 

RR 6           Wallacia Golf Club Area     

Councillor Bernard Bratusa requested a memo reply to all Councillors providing an update on previous development applications lodged by the St Johns Park Bowling Club and detailing the status of all other development applications that have been lodged for this footprint.

 

UB 2           Jeff Philips - Fundraising Night 

Councillor Bernard Bratusa requested that an amount of $130 be allocated from Voted Works to purchase a table at the fundraising trivia night to be held at Penrith Valley Basketball Stadium on 19 June 2021 to raise money for the family of Jeff Philips.

76  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish 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.

 

77  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marcus Cornish that an amount of $130 be allocated from Voted Works to purchase a table at the fundraising trivia night to be held at Penrith Valley Basketball Stadium on 19 June 2021 to raise money for the family of Jeff Philips.

 


 

 

RR 7           Fire Trail between Government Road and Sirius Place,          Berkshire Park  

Councillor Kevin Crameri OAM requested that the fire trail between Government Road and Sirius Place, Berkshire Park be remediated as it is now damaged and impassable and needs to be made accessible in the event of a flood.

 

RR 8           Ownership of Current Developments located in Penrith Local       Government Area (LGA)        

Councillor Marcus Cornish requested a memo reply detailing how many large current developments in the Penrith LGA are owned by Chinese companies; if any of these developments are owned by the Chinese government; and the likelihood of the Chinese government taking over the privately owned developments.

 

RR 9           Compliance Matter - Illegal Mosques  

Councillor Marcus Cornish requested a compliance investigation into the establishment of illegal mosques in the Penrith Local Government Area, in particular one which is located in North St Marys.

 

RR 10         ANZAC Day Event 2021 - St Marys      

Councillor Todd Carney conveyed his congratulations to St Marys RSL for their efforts in organising this year’s ANZAC Day event and in particular to Frank Lawton for his efforts as MC on the day.

 

RR 11         ANZAC Day Activities 2021

Councillor Karen McKeown OAM conveyed her congratulations to those who were involved in organising various ANZAC Day events in the Penrith Local Government Area, over the last week, and in particular individuals from the Penrith Sub Branch of the RSL and CBD Corporations, as well as making special mention of the inaugural women’s day event which was held on Saturday 24 April 2021.

 

RR 12         Rowers Training on Nepean River      

Councillor Karen McKeown OAM requested that Council staff investigate the provision of banners along the Nepean River and also at the entry to Penrith City to recognise and encourage the efforts of rowers training for the next Olympic Games.

 

RR 13         Development for Hindu Temple in Adlington Road, Kemps   Creek        

Councillor Aaron Duke conveyed his congratulations to the Hindu Bochasanwasi Akshar Purushottam Sanstha group who are hosting the ground breaking ceremony for their Mandir (Temple) in Adlington Road, Kemps Creek tomorrow, and also conveyed his appreciation for the great work they do in the community

 

 

 

 

 

RR 14         Glenmore Park - Subsidence      

Councillor Greg Davies requested a memo reply to all Councillors providing an update on the subsidence issues in Glenmore Park and the damage to infrastructure in this area.

 

RR 15         Werrington Arterial   

Councillor Greg Davies requested that Council staff develop a media campaign to inform residents of Council’s advocacy and support in resolving traffic issues on the Werrington Arterial Road.

 

 

Committee of the Whole

 

78  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:27pm.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        Potential Acquisition - Property Matter                                                                          

 

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        Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith                                                                                                                    

 

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        Lease of 3/564 High St, Penrith for public amenities                                                    

 

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 6

 

5        Parks 4 People - Tench Reserve Concept Design                                                         

 

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 9:55pm and the General Manager reported that the Committee of the Whole met at 8:28pm on 26 April 2021, the following being 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.     

 

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

 

3        Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith                                                                                                        

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Todd Carney

CW3 That:

1.     The information contained in the report on Variation to expiring lease between PCC and The Salvation Army -  Suite 2, 54 Henry Street, Penrith be received.

2.     Council approve the proposed variation of lease for an additional two (2) years.

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

 

 

4        Lease of 3/564 High St, Penrith for public amenities                                                    

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish

CW4 That:

1.     The information contained in the report on Lease of 3/564 High St, Penrith for public amenities be received

2.     Council exit the lease for the property Shop 3/564 High St providing six months notice

3.     Council commence design and seek quotes for the upgrade of Judges place car park.

 

5        Parks 4 People - Tench Reserve Concept Design                                                         

RECOMMENDED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook

CW5 That:

1.     The information contained in the report on Parks 4 People - Tench Reserve Concept Design be received

2.     Council approve the Parks 4 People Tench Reserve Concept Design to proceed into the detailed design stage.

3.     Council request that DPIE fund the redevelopment of the toilets, playground equipment and viewing deck from Jamison road. Council meet with the Local Member for Penrith to thank him for his support of the $10m project at Tench reserve and to advocate for the inclusion of the above items in the Parks 4 People project.

 

 

2        Potential Acquisition - Property Matter

Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest - Less than Significant in this matter, as he owns two shops in the vicinity of the area, however Councillor Jim Aitken OAM left the meeting during voting, the time being 9:54pm.

         

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

CW2  That:

 

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

2.       The High Level Business case is noted.

3.       Council enter into a contact to purchase 158-164 Old Bathurst Rd, Emu Plains (Lot 1 & 2 DP588918) for the purchase price of $50,000,000 (ex. GST).  The contract will be in accordance with the report to the Committee of the whole.

4.       Council authorise the deposit of $5,000,000 to be paid by the Property Reserve.

5.       Council notes the balance $45,000,000 will fall due no later than or before 1 May 2023.

6.       On completion of the acquisition the property be classified as Operational Land.

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

 

Councillor Kevin Crameri OAM moved that the MOTION be PUT.

 

 

 

Upon being PUT to the meeting, the MOTION was CARRIED.

 

For

Against

 

Councillor Kath Presdee

Councillor Mark Davies

Councillor Robin Cook

Councillor Tricia Hitchen

Councillor Greg Davies

Councillor Bernard Bratusa

Councillor Todd Carney

Councillor John Thain

Councillor Aaron Duke

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown OAM

 

 

 

 

ADOPTION OF Committee of the Whole

 

Councillor Jim Aitken OAM returned to the meeting, the time being 9:55pm.

 

79  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 and CW5  be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:56pm.

 

 

 

I certify that these 12 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 26 April 2021.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date