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 26 JULY 2021 AT 7:04PM

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Karen McKeown OAM read a statement advising that Council Meetings are recorded and webcast.

PRAYER

The Council Prayer was read by Rev Christine Bayliss Kelly.

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.

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 - 28 June 2021

139  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Brian Cartwright that the minutes of the Ordinary Meeting of 28 June 2021 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 11 - Community Assistance Program Planned Component 2021-22 as he is a Director of WestCare – Penrith Men’s Walk and Talk who have received a grant under this program.

 

Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 14 - Greater Cities Sports Facility Fund - Successful Grants                              as his former employer was the Minister for Sport who oversees this grants program.

 

Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 -  Planning Proposal for 61-79 Henry Street Penrith to Gateway                     as her family is a client of AFFORD, the proponent of this development.

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 -  Planning Proposal for 61-79 Henry Street Penrith to Gateway as his family is a client of AFFORD, the proponent of this development.

 

 

 

Councillor John Thain declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 17 -  Penrith Valley Regional Sports Centre as he is Council’s representative for the organisation the subject of this report.  Councillor Thain stated that he would not take part in the debate or voting on this matter.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 2 -  Planning Proposal for 61-79 Henry Street Penrith to Gateway as he a Director of the company making the application for this development.  Councillor Fowler stated that he would leave the meeting during consideration of this item and would not take part in the debate or voting on the matter.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 17 - Penrith Valley Regional Sports Centre as he is the Auditor of the organisation the subject of this report.  Councillor Fowler stated that he would leave the meeting during consideration of this item and would not take part in the debate or voting on the matter.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Significant in Committee of the Whole Item 3 - Conduct Matter - Councillor Kevin Crameri OAM, as he is the subject of this report. 

 

Her Worship the Mayor, Councillor Karen McKeown OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 13 – Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM, as she has had a long working relationship with The Hon Peter Anderson AM on the Board of the PP&VA.

 

ADDRESSING THE MEETING

 

David Bentham

 

Item 4 – Implementation of the Flood Prone Land Package

 

A Council staff member read out Mr David Bentham’s application to address the Ordinary Meeting and outlined his reason for addressing the meeting as follows:

 

Mr Bentham expressed his concerns about flooding in Penrith and the devastation that would occur as a result. Mr Bentham noted that recently consideration of flooding in the Hawksbury /Nepean Valley has been focused on raising the Warragamba Dam Wall and other retention systems, and that this is very unlikely to happen due to environmental, cultural issues and other risks, as well as the capital needed.  Mr Bentham stated that he believed the time has come to seriously look at changing the hydraulic gradient and efficiency of the river system. The major work would be the widening of the Sackville Gorge and Mr Bentham requested Council to consider this and support a major study of this idea.

  

Mayoral Minutes

 

1        The passing of Frank Lawton                                                                    

140  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Greg Davies that the Mayoral Minute on The passing of Frank Lawton be received.

 


 

 

2        The passing of Max Baker                                                                         

141  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on The passing of Max Baker be received.

 

3        150th Anniversary of Penrith as a Municipality                                      

142  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on 150th Anniversary of Penrith as a Municipality be received.

 

4        Local Government Professional Excellence and Zest award success

143  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Local Government Professional Excellence and Zest award success be received.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 16 June 2021                                             

144  RESOLVED on the MOTION of Councillor Aaron Duke seconded Councillor Kevin Crameri OAM that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 16 June, 2021 be adopted.

 

 

2        Report and Recommendations of the Access Committee Meeting held on 16 June 2021                                                                                  

145  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 16 June, 2021 be adopted.

 

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Submission on Employment Zones Reform                                            

146  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Submission on Employment Zones Reform be received

2.     The submission provided in Appendix 1 be endorsed and submitted to the Department of Planning, Industry and Environment as Council’s final submission.

 

Having previously declared a Pecuniary Interest in Item 2, Councillor Ross Fowler OAM left the meeting, the time being 7:54pm

 

2        Planning Proposal for 61-79 Henry Street Penrith to Gateway             

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

That:

1.     The information contained in the report on Planning Proposal for 61-79 Henry Street Penrith to Gateway be received.

2.     Council endorse the enclosed Planning Proposal to be submitted to the Department of Planning and Environment seeking a Gateway Determination.

3.     The General Manager be granted delegation to undertake any minor updates to the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for a Gateway Determination, and advise Councillors accordingly.

4.     Consultation with the community and public agencies be undertaken in accordance with any Gateway Determination issued by the Department of Planning and Environment.

5.     Council resolve that should any future residential accommodation development occur on the lot:

a.   The development should include a minimum of 20% of all dwellings developed on the site are to be provided as affordable, accessible and seniors living dwellings.

b.   Adequate Public Open Space should be secured within 200m of any proposed high density development (development with over 60 dwellings).

And that these features must be secured before the Planning Proposal is publicly exhibited.

6.     A further report come back to Council with details of a draft Voluntary Planning Agreement seeking endorsement for notification with the exhibition of the Planning Proposal.

7.     A report be presented to Council on the submissions received during the public exhibition.

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 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

 

 

3        Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington

Councillor Ross Fowler OAM returned to the meeting, the time being 7:57pm. 

148  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney

That:

1.     The information contained in the report on Voluntary Planning Agreement offer by Lendlease for 16 Chapman Street Werrington be received.

2.     Council endorse the draft Voluntary Planning Agreement for 16 Chapman St, Werrington, provided as a separate enclosure to this report.

3.     By agreement with Transport for NSW Council acquire the part of the land owned by Transport for NSW to deliver the Werrington Road roundabout.

4.     Council agree to transfer the part of the land acquired from Transport for NSW to Lendlease Communities (Werrington) Pty Ltd in accordance with the terms of the Voluntary Planning Agreement provided as a separate enclosure to this report.

5.     The General Manager be provided delegation to make any changes necessary to the draft Voluntary Planning Agreement resulting from negotiations with Transport for NSW, and advise Councillors accordingly.

6.     Following the agreement with Transport for NSW, the draft Voluntary Planning Agreement be publicly notified in accordance with the requirements of Environmental Planning and Assessment Regulation 2000 and Penrith Developer Infrastructure Agreements Policy.

7.     Where any submissions are received in relation to the public notification of the draft Voluntary Planning Agreement, these be reported to Council.

8.     Upon the conclusion of the notification, where no submissions are received, the draft Voluntary Planning Agreement be executed by the General Manager.

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

 

 

4        Implementation of the Flood Prone Land Package                                

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

That:

1.     The information contained in the report on Implementation of the Flood Prone Land Package be received

2.     The Special Flood Consideration clause not be adopted by Council until such time the work being undertaken by DPIE and INSW in relation to land use planning in the Hawkesbury Nepean Catchment is complete.

3.     Council continue to apply the 1 in 100 year flood event plus freeboard as the flood planning area.

 

 

Outcome 3 - We can get around the City

 

6        Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22                         

150  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Brian Cartwright

That:

1.     The information contained in the report on Acceptance of Grant Funding under the NSW Government's Local Government Road Safety Behaviour Program 2021-22 be received.

2.     Council accept the grant offered by Transport for NSW under its Local Government Road Safety Behavioural Program, totalling $14,450, as outlined in the report.

3.     Council’s General Manager sign the Transport for NSW funding on the terms and conditions outlined in the TfNSW funding letter.

4.     Council write to Transport for NSW and Local State Members thanking them for their continued support for road safety initiatives within the Penrith Local Government Area.

 

 

5        Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW                                                                                       

151  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Submission Inquiry into Mobile Speed Camera Enforcement Programs in NSW be received.

2.     Council endorse the appended submission to NSW Joint Standing Committee on Road Safety.

 

 

Outcome 4 - We have safe, vibrant places

 

7        Magnetic Places 2021                                                                                 

152  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Magnetic Places 2021 be received

2.     The 5 projects listed in Table 1 be funded as part of the Magnetic Places Grants Program 2021-22

 

8        Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025                                                                                               

153  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Prohibited Areas for 2021-2025 be received

2.     Council endorse the re-establishment of Alcohol Free Zones and Alcohol Prohibited Areas at designated locations effective for the four year period from 1 July 2021 to 30 June 2025.

3.     Alcohol Free signage be updated at relevant locations as required to reflect the new timeframe and support local Police with enforcement efforts.

 


 

 

9        RFT20/21-31 Kingsway Sports Fields Irrigation System                        

154  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney

That:

1.     The information contained in the report on RFT20/21-31 Kingsway Sports Fields Irrigation System be received.

2.     The tender from Never Stop Irrigation, for the amount of $266,686.42 (excluding GST) be accepted for RFT20/21-31 Kingsway Sports Fields Irrigation System.

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

 

 

Outcome 6 - We are healthy and share strong community spirit

 

10      Outcomes of Youth Week Forum on Housing                                        

155  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke that the information contained in the report on Outcomes of Youth Week Forum on Housing be received.

 

 

11      Community Assistance Program Planned Component 2021-22           

156  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Community Assistance Program Planned Component 2021-22 be received

2.     Council approve funding the highly ranked applications and amounts totalling $38,379.70 as outlined in Table 1 of this report with $38,379.70 allocated from the Planned Component 2021-22 Community Assistance Program and for remaining funds to be distributed through the CAP Rolling Component.

 

12      Real Festival Event Strategy and 10 Year Plan 2021-2031                     

157  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Real Festival Event Strategy and 10 Year Plan 2021-2031 be received.

2.     Council endorse the Real Festival Event Strategy and 10 Year Plan 2021-2031.

3.     From the 2022-23 year the Real Festival be held in the second week in September.

 

 

14      Greater Cities Sports Facility Fund - Successful Grants                       

158  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Aaron Duke

That:

1.     The information contained in the report on Greater Cities Sports Facility Fund - Successful Grants be received

2.     Grant funding agreements be signed with the NSW Office of Sport for the following projects and grant awards:

·    Doug Rennie Field (Chapman Gardens Precinct), Kingswood - $750,000 contributing to the construction of a new amenity building.

 

·    The Kingsway North (Oztag, Touch Football, Cricket), Werrington – $300,000 contributing to irrigation and field surface improvements.

 

·    Surveyors Creek Softball Facility, Glenmore Park– $800,000 for floodlight installation and access path, seating with landscaping.

 

3.     Thank you letters be provided to the Minister for Sport and local State Members.

 

13      Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM                                                                                               

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

That:

1.     The information contained in the report on Naming of PP&VA Atrium Foyer in Recognition of The Hon. Peter Anderson AM  be received

2.     Council endorse naming the atrium foyer at Joan Sutherland Performing Arts Centre, the Anderson Atrium.

 

 

 Outcome 7 - We have confidence in our Council

 

15      Audit, Risk and Improvement Committee                                                

160  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the information contained in the report on Audit, Risk and Improvement Committee  be received.

 


 

 

16      Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys                                                                                                            

161  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook

That:

1.     The information contained in the report on Compulsory Acquisition by Sydney Metro - 11-13 Chesham Street St Marys be received.

2.     Council divest Lot 1 DP1267484 known as 11-13 Chesham Street 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.

 

 

18      Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021                                                                                                     

162  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook

That:

1.     The information contained in the report on Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the Period Summary of Investment & Banking for the Period 1 June 2021 to 30 June 2021 be noted and accepted.

3.     The graphical Investment Analysis as at 30 June 2021 be noted.

 

17      Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request                                                                                     

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

That:

1.     The information contained in the report on Penrith Valley Regional Sports Centre (PVRSC) Loan Repayment Deferment Request be received.

2.     Council approve the PVRSC request for a pause in their loan repayment from after the August 2021 repayment for a period that extends for three months past the date of the lifting of the current COVID-19 restrictions that have required the PVRSC to close.

 

 


 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

UB 1           Penrith Community Kitchen       

Councillor Greg Davies requested that an amount of $3,000 be allocated, in equal amounts from each Ward’s voted works, to Penrith Community Kitchen to assist the organisation in its work within the community.

 

164  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen 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.

 

 

165  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen that an amount of $3,000 be allocated, in equal amounts from each Ward’s voted works, to Penrith Community Kitchen to assist the organisation in its work within the community.

 

RR 1           Memorial for the Late Max Baker

Councillor Greg Davies requested that Council officers consult with the family of the Late Max Baker with a view to arranging a memorial to recognise the legacy he has left Penrith City.

 

RR 2           Provision of Winter Clothing to Local Schools    

Councillor Greg Davies requested that Council officers investigate where parcels of winter clothes can be delivered so that they may be provided to local school children in need of clothing, in particular in the St Marys area.

 

RR 3           Traffic - Glossop Street, St Marys       

Councillor Tricia Hitchen requested that the State Government be requested to take over responsibility for Glossop Street, St Marys, as the road has become increasingly busy and will become busier once the new container terminal is established in the area.  Councillor Hitchen added that the roundabout on Forrester Road, St Marys would also be affected by this increase in traffic and asked if there was a traffic management plan in place for this area.

 

RR 4           Provision of Pram Ramps - Masters Place Carpark      

Councillor Tricia Hitchen thanked the staff involved in arranging for pram ramps to be installed in the vicinity of Masters Place Carpark.

 

RR 5           Provision of Walk In Vaccination Clinics     

Councillor Robin Cook requested that Council officers investigate which Council facilities would be suitable for use as walk in COVID-19 vaccination clinics in the Local Government Area, and in particular in St Marys.

 

RR 6           Provision of Directions to Public Toilets in Penrith LGA       

Councillor Marcus Cornish requested improved directions to public toilets in the Penrith Local Government Area, in particular on phone applications which only appear to show a few of the facilities available.

 

UB 2           Castlereagh Rural Fire Brigade  

Councillor Ross Fowler OAM requested that an amount of $560 be allocated from North Ward voted works to the Castlereagh Rural Fire Brigade to cover the cost of hiring  Castlereagh Hall for the conduct of the Brigade’s Christmas celebration.

 

166  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM 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.

 

 

167  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM that an amount of $560 be allocated from North Ward voted works to the Castlereagh Rural Fire Brigade to cover the cost of hiring Castlereagh Hall for the conduct of the Brigade’s Christmas celebration.

 

 

Committee of the Whole

 

168  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Greg Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:35pm.

 

1        Presence of the Public

 

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

 

Outcome 7

 

2        Council Property - Lease Agreement - Shop 1, 131 Queen St, 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.

 

3        Conduct Matter - Councillor Kevin Crameri OAM                                                         

 

This item has been referred to Committee of the Whole as the report refers to alleged contraventions of any code of conduct requirements applicable under section 440 and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

4        General Manager's Annual Performance Review 2020-21 and Review of Contract  

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 10:59pm and the General Manager reported that the Committee of the Whole met at 8:35pm on 26 July 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

 

2        Council Property - Lease Agreement - Shop 1, 131 Queen St, St Marys                    

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM      

CW2 That:

1.     The information contained in the report on Council Property - Lease Agreement - Shop 1, 131 Queen St, St Marys  be received

2.     Council approve the proposed new lease agreement under 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.

 

 

3        Conduct Matter - Councillor Kevin Crameri OAM                                                         

RECOMMENDED on the MOTION of Councillor Marcus Cornish seconded Councillor Jim Aitken OAM     

CW3 That:

1.    The information contained in the report on Conduct Matter – Councillor Kevin Crameri OAM be received

2.    Council adopt the recommendation of the final investigation report into the conduct of Councillor Crameri at the Councillor Briefing on 8 March 2021

3.    Under Section 440G of the Local Government Act 1993, Councillor Crameri be formally censured for breach of the Penrith City Council Code of Conduct, the Council being satisfied that, on the balance of probabilities, at the Councillor Briefing on Monday 8 March 2021 Councillor Crameri:

a)    Breached Clauses 3.1 e), 3.1 g), 3.10 a), 3.10 b), 3.21, 7.6 f) and 7.6 h) of the Penrith City Council Code of Conduct by addressing the Councillor Briefing in an aggressive, disrespectful and/or unprofessional manner by using a raised voice.

b)    Breached Clauses 3.1 e), 3.1 g), 3.7, 3.10 a), 3.21, 7.6 f) and 7.6 h) of the Penrith City Council Code of Conduct by acting in an aggressive, disrespectful and/or unprofessional manner by throwing papers on the desk at X and X.

c)    Breached Clauses 3.1 e), 3.1 g), 3.7 b) and 3.10 b) of the Penrith City Council Code of Conduct by using words to the effect of “I proved him wrong” in respect of the presentation made by Barrister, Mr Philip Boncardo.

d)    Breached Clauses 3.1 e), 3.1 g), 3.7 b) 3.8, 3.9 a), 3.10 a), 3.10 b), 3.21, 7.6 f) and 7.6 h) of the Penrith City Council Code of Conduct by using the Councillor Briefing to bully, intimidate and/or harass Council staff by saying on a number of occasions words to the effect that “our people have not done the right thing.”

e)    Breached Clauses 3.1 e), 3.1 g), 3.7 b) 3.8, 3.9 a), 3.10 a), 3.10 b), 3.21, 7.6 f) and 7.6 h) of the Penrith City Council Code of Conduct by using the Councillor Briefing to bully, intimidate and/or harass Council staff by making comments to suggest that Council staff misled the Courts with false information regarding the health of trees that had been removed by the defendant in the prosecution.

f)     Breached Clauses 9.1, 9.2, 9.10 and 9.11 of the Penrith City Council Code of Conduct by making a Code of Conduct complaint against Council staff in relation to the prosecution, and that this was undertaken in a matter that lacked merit, was designed to bully, intimidate or harass another Council official and was done with an improper purpose.

 

 

4        General Manager's Annual Performance Review 2020-21 and Review of Contract  

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Brian Cartwright       

CW4 That:

1.     The information contained in the report on General Manager's Annual Performance Review 2020-21 and Review of Contract be received.

2.     Council agree to appoint an external independent consultant to review the General Manager’s performance at the next review.

3.     Council resolve to enter into a new contract of employment with the incumbent General Manager but defer consideration as to the term of that contract commencing on 27 August 2022 until Council’s next meeting. Council note that the term of the new contract is to be at least 12 months but not greater than 5 years.

4.     Council having considered the General Manager’s Total Remuneration Package defer the consideration of the quantum of that package to the August Ordinary Council meeting.

 

 

ADOPTION OF Committee of the Whole

 

169  RESOLVED on the MOTION of Councillor Ross Fowler OAM 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 11:02pm.

 

 

 

I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 26 July 2021.

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date