CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD REMOTELY USING AUDIO VISUAL LINKS AND AUDIO STREAMED ON THE COUNCIL WEBSITE ON

ON MONDAY 25 OCTOBER 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 Rev Christine Bayliss Kelly.

PRESENT

Her Worship the Mayor, Councillor Karen McKeown OAM, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler OAM, Kath Presdee and John Thain.

  

APOLOGIES

216  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Brian Cartwright that the apology from Councillor Aaron Duke be received.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 September 2021

217  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that the minutes of the Ordinary Meeting of 27 September 2021 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 7  - Luddenham Road Planning Proposal as he knows a number of owners of land in the area affected by this planning proposal.

 

Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8  - Submission to Greater Sydney Parklands Trust Bill 2021 as his wife is the Member for Mulgoa and was involved in the State Government’s purchase of the site. 

 

 

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 5 - 57 Henry Street, Penrith Planning Proposal and VPA offer as he is a Director of the company which owns property adjoining the subject property.  Councillor Fowler stated that he would not take part in debate or voting on this matter and would leave the meeting during consideration of the item.

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 7 - Luddenham Road Planning Proposal as he acts for the landowner.  Councillor Fowler stated that he would not take part in debate or voting on this matter and would leave the meeting during consideration of the item.

 

 

SUSPENSION OF STANDING ORDERS

218  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:10pm.

 

Karen Taylor

 

Item 15 - 2020-21 Draft Financial Statements

 

Ms Karen Taylor, Director, Financial Audit Services at the Audit Office of New South Wales addressed Council on the Draft 2020-21 Financial Statements, and advised that she would be issuing an unqualified audit report, noting that there were no material misstatements and that the Statements present fairly.

 

 

Grace McDonald

 

Item 4 -  Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development

 

A Council staff member read out Ms McDonald’s application to address the Ordinary Meeting and outlined her reasons for addressing the meeting as follows:

 

Ms McDonald submitted an objection to the proposed amendment on behalf of the Mamre Road Landowners Group (LOG), which includes several logistics developers, noting that the repeal of the Section 7.12 Plan has significant implications on the ability of the LOG and other developers in the Precinct to response to industrial land shortfall in Greater Sydney. The submission requested Council to defer the repeal of the Section 7.12 Plan until Council has tabled the final Mamre Road Precinct Section 7.11 Contribution Plan for endorsement, stating that progression of this repeal in lieu of an alternative contribution plan would prevent immediate and direct investment into the Local Government Area.

 

 

RESUMPTION OF STANDING ORDERS

219  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Robin Cook that Standing Orders be resumed, the time being 7:28pm.

 


 

 

Procedural Motion

220  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish that Item 15 - 2020-21 Draft Financial Statements be considered before all other items of business.

 

DELIVERY PROGRAM REPORTS

 

Outcome 7 - We have confidence in our Council

 

15      2020-21 Draft Financial Statements                                                          

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

That:

1.     The information contained in the report on 2020-21 Draft Financial Statements be received.

2.     Pursuant to s413(2)(c) it is the Council's opinion that:

a.   The Financial Statements and schedules have been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting, the Local Government Australian Infrastructure Management Guidelines, and Australian Accounting Standards. The Statements comply with Australian Statements of Accounting Concepts.

b.   The Financial Statements present fairly the Council's financial position as at 30 June 2021 and the operating result for the year then ended.

c.   The statements are in accord with Council's accounting and other records.

3.     Pursuant to the Local Government Code of Accounting Practice and Financial Reporting and Section 215 of the Local Government (General) Regulation 2005 it is the Council's opinion that:

a.   The accompanying Special Purpose Financial Report has been drawn up in accordance with the Local Government Act 1993 and Regulations, the Local Government Code of Accounting Practice and Financial Reporting and the requirements of National Competition Policy. The Code requires the inclusion of various charges and subsidies which are not actually paid or payable.

b.   The Special Purpose Financial Report is a special purpose report and is not required to comply with Australian Accounting Standards. The above legislative requirements differ from Australian Accounting Standards and hence the report does not comply with Australian Accounting Standards.

c.   The Special Purpose Financial Statements present a modelled scenario for comparative purposes. They do not report an actual result.

4.     The Statements be forwarded to Council's Auditors.

5.     The Financial Statements be placed on public exhibition.

6.     A further report be presented to Council following the public exhibition period.

7.     Council staff be congratulated for preparing the Statements in a timely manner under trying circumstances.

 

  

Mayoral Minutes

 

1        Congratulations to the Panthers                                                               

222  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Tricia Hitchen that the Mayoral Minute on Congratulations to the Panthers be received.

 

Notices of Motion

 

1        Planning Proposal – 1-4 Old Bathurst Road, Emu Plains                      

 

A MOTION was moved by Councillor John Thain seconded Councillor Greg Davies that Council resolve to charge the proponent for the site at 1-4 Old Bathurst Road, the minor fee in accordance with the Council’s Fees and Charges.

 

The MOTION was PUT.

 

For

Against

 

Councillor Kath Presdee

Councillor Marcus Cornish

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Mark Davies

Councillor Todd Carney

Councillor Ross Fowler OAM

Councillor John Thain  

Councillor Tricia Hitchen

Councillor Kevin Crameri OAM

Councillor Brian Cartwright

Councillor Karen McKeown

Councillor Jim Aitken OAM

 

The MOTION was declared LOST on the casting vote of the Mayor.

 

 

2        Road Re-sealing Budget                                                                            

223  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish that Council consider increasing the road re-sealing budget at the next budget.

 

 


 

 

Questions on Notice

 

1        12 Judd Street, Berkshire Park                                                                 

 

Councillor Kevin Crameri OAM ASKED:

 

Does the subject property at 12 Judd Street, Berkshire Park meet the exempt and complying criteria in the SEPP where it refers to:

 

The standards specified for that development are that the development must—

(b)  be located at least 1m from each lot boundary, and

 

(i)  if the land is in a rural zone or an environmental zone—not be fill of more than 100 cubic metres on each lot?

 

 

 

Reports of Committees

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 11 October 2021                                                             

224  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 11 October, 2021 be adopted.

 

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 11 October 2021                                                             

225  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marcus Cornish that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 October, 2021 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Endorsement of the Green Grid Strategy                                                

226  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Endorsement of the Green Grid Strategy be received

2.     Council note the feedback received as part of the exhibition of the draft Green Grid Strategy provided in Attachments 1, 2, 3 and 4

3.     Council endorse the amended Green Grid Strategy provided in the separate enclosure

4.     Delegation be granted to the General Manager to make minor changes to the Green Grid Strategy prior to publication on Council’s website, if required.

 

 

2        Endorsement of the Employment Lands Strategy                                  

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

That:

1.     The information contained in the report on Endorsement of the Employment Lands Strategy be received.

2.     Council endorses the amended Employment Lands Strategy provided in Attachment 1.

3.     Council notes the feedback received during exhibition and in the Community Engagement Report for the draft Employment Lands Strategy provided in Attachment 2.

4.     Council notes the responses to the submissions in the table provided in Attachment 3.

5.     Delegation be granted to the General Manager to make minor changes to the Employment Lands Strategy and supporting documents prior to publication on Council’s website, if required.

 

 

9        Accelerated Infrastructure Fund Nomination - Aldington Road, Kemps Creek                                                                                               

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

That:

1.     The information contained in the report on Accelerated Infrastructure Fund Nomination - Aldington Road, Kemps Creek be received.

2.     Council authorise the General Manager to submit two formal applications to the Department of Planning, Industry & Environment for Accelerated Infrastructure Funding for Aldington Road in the Mamre Precinct, as detailed in this report.

3.     Council be notified of the result of the Accelerated Infrastructure Fund applications, when announced.

4.     Council authorise the General Manager to execute a Funding Agreement (Attachment 1 to this report) where Council has been approved for Accelerated Infrastructure Funding by the Minister for Planning and Public Spaces.

 

 


 

 

3        Amendment to Penrith Development Control Plan 2014 - Urban    Heat Controls   

229  A MOTION was moved by Councillor Tricia Hitchen seconded Councillor Robin Cook

That:

1.     The information contained in the report on Amendment to Penrith Development Control Plan 2014 - Urban Heat Controls be received.

 

2.      The General Manager be authorised to make any minor changes to the draft Penrith Development Control Plan 2014 prior to exhibition.

3.      Amendments to draft Penrith Development Control Plan 2014 be publicly exhibited, in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations and Councils Community Participation Plan.

4.      A further report be presented to Council following the public exhibition.

 

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Jim Aitken OAM that consideration of this matter be deferred.

The AMENDMENT was PUT.

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

For

Against

 

Councillor Bernard Bratusa

Councillor Kath Presdee

Councillor Mark Davies

Councillor Robin Cook

Councillor Tricia Hitchen

Councillor Greg Davies

Councillor Jim Aitken OAM

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

The AMENDMENT was LOST.

The MOTION was PUT.

The MOTION was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

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 Bernard Bratusa   

Councillor Robin Cook

Councillor Mark Davies

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

Councillor Jim Aitken OAM

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

4        Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development                                                    

230  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marcus Cornish

That:

1.     The information contained in the report on Amendment to Penrith City Wide 7.12 Development Contributions Plan for Non-Residential Development be received.

2.     Council adopt the draft amendment to Penrith Section 7.12 Development Contributions Plan as outlined and attached to this report.

3.     The amended Plan be brought into effect in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

4.     Details of Council’s decision be provided to the authors of the submissions received.

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 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

 

 

 


 

 

6        Planning Proposal - Mitigating the Urban Heat Island Effect                

 

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

That:

1.     The information contained in the report on Planning Proposal - Mitigating the Urban Heat Island Effect be received.

2.     Council endorse the Planning Proposal presented in this report which has been provided as Attachment 1 of this report and is publicly available on Council’s website.

3.     The General Manager be granted delegation to update and finalise the Planning Proposal referred to in resolution 2 prior to Council’s submission of the Planning Proposal to the Minister for Planning and Public Spaces.

4.     Council officers forward the Planning Proposal to the Minister for Planning and Public Spaces with a request to issue a Gateway Determination.  The submission will include a request to issue Council with Delegation for plan making authority.

5.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal in the lead up to the Gateway Determination and prior to the public exhibition in response to the conditions of the Gateway Determination and negotiations with stakeholders.

6.     Council publicly exhibits the Planning Proposal for a period specified in the Gateway Determination and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

7.     A further report be presented to Council following 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 Mark Davies

Councillor Robin Cook

Councillor Bernard Bratusa

Councillor Greg Davies

Councillor Tricia Hitchen

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Ross Fowler OAM

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

 

Having previously declared a Pecuniary Interest in Items 5 and 7, Councillor Ross Fowler OAM left the meeting, the time being 8:43pm.

 

5        57 Henry Street, Penrith Planning Proposal and VPA offer                  

232  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.     The information contained in the report on 57 Henry Street, Penrith Planning Proposal and VPA offer be received.

2.     Council support the Planning Proposal and VPA offer presented in this report, and requests the Department of Planning, Industry and Environment to gazette the LEP amendment sought by the Planning Proposal after a Planning Agreement reflecting the VPA offer has been executed.

3.     The Planning Proposal is submitted to the Department of Planning, Industry and Environment, requesting the LEP clause includes:

a.   A deferred commencement of 12 months or alternative agreed timeframe to allow for the necessary infrastructure to be designed, approved and secured before the new controls come into effect; and

b.   A concurrence clause, where the Planning Secretary must be satisfied that there is adequate infrastructure to support the development before any development consent is issued under the new controls.

4.     The draft VPA be reported back to Council for its consideration.

5.     A VPA be prepared in accordance with the Environmental Planning & Assessment Act 1979 and be notified and executed.

6.     The General Manager be granted delegation to update and finalise the Planning Proposal prior to Council’s submission of the Planning Proposal to the Department of Planning, Industry and Environment for making of the amendment to the Penrith Local Environmental Plan 2010. The update to the Planning Proposal is to reflect the changes recommended in this report, include recommendation 3 and address any minor or typographical errors, and contemporise the document.

 

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 Kevin Crameri OAM

Councillor Robin Cook

Councillor Marcus Cornish

Councillor Greg Davies

 

Councillor Todd Carney

 

Councillor John Thain  

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Karen McKeown

 

 

Having previously declared a Non-Pecuniary Conflict of Interest – Less than Significant in Items 7 and 8, Councillor Mark Davies left the meeting, the time being 8:49pm.

 

7        Luddenham Road Planning Proposal                                                      

233  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Greg Davies

That:

1.     The information contained in the report on Luddenham Road Planning Proposal be received

2.     Council endorse the Planning Proposal at Attachment 1 to this report, subject to any further changes resulting from Item 4 below.

 

3.     Council officers forward the Planning Proposal to the Minister for Planning with a request to issue a Gateway Determination. (The submission will include a request to issue Council with Delegation for plan making authority).

 

4.     The General Manager be granted delegation to make any necessary changes to the Planning Proposal referred to in Item 2 above:

 

a.   prior to Council’s submission of the Planning Proposal to the Minster for Planning to request a Gateway Determination.

b.   as a result of negotiated changes sought by DPIE in the lead up to the issuing of the Gateway Determination.

c.   prior to public exhibition in response to the conditions of the Gateway Determination or negotiations with public authorities and other stakeholders.

 

5.     A Development Control Plan be prepared for the subject site, to be publicly exhibited concurrently with the Planning Proposal.

 

6.     Council publicly exhibit the Planning Proposal for a period to be specified in the Gateway Determination, and in accordance with the community consultation requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

 

7.     A further report be presented to Council following 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 John Thain  

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Brian Cartwright

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Karen McKeown

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:51pm.

 

8        Submission to Greater Sydney Parklands Trust Bill 2021                     

234  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Greg Davies

That:

1.     The information contained in the report on Submission to Greater Sydney Parklands Trust Bill 2021 be received.

2.     Council endorse the Submission at Attachment 1 to be forwarded to the Department of Planning, Industry and Environment for its consideration.

 

 

Councillor Mark Davies returned to the meeting, the time being 8:52pm.

 

 

Outcome 3 - We can get around the City

 

10      Sydney Metro Interface Agreement                                                          

235  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM

That:

1.     The information contained in the report on Sydney Metro Interface Agreement be received.

2.     Council enter into the Interface Agreement with Sydney Metro as outlined in the separate enclosure to this report.

3.     Delegation be provided to the General Manager to sign the Interface Agreement.

 

Outcome 4 - We have safe, vibrant places

 

11      Renewal of Service NSW Partnership Agreement - Easy to do Business                                                                                                      

236  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Robin Cook

That:

1.     The information contained in the report on Renewal of Service NSW Partnership Agreement - Easy to do Business be received.

2.     Council delegates authority to the General Manager to enter into an agreement with Service NSW; and

3.     Any necessary documents be authorised for execution under the Common Seal of Council.

 

 

12      RFT21/22-02 Construction of Mulgoa Rural Fire Service Station         

237  RESOLVED on the MOTION of Councillor Brian Cartwright seconded Councillor Kevin Crameri OAM

That:

1.     The information contained in the report on RFT21/22-02 Construction of Mulgoa Rural Fire Service Station be received.

2.     Rogers Construction Group Pty Ltd be awarded the contract subject to the execution of a formal agreement for Construction of Mulgoa Rural Fire Service Station, for an amount of $1,399,818.46 excluding GST.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

13      RFT21/22-06 Tree Planting Services                                                         

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

That:

1.     The information contained in the report on RFT21/22-06 Tree Planting Services be received

2.     That the tender from Summit Open Space Services for Tree Planting Services be accepted, for an initial period of three (3) years, with an option to extend for a further two (2) x one (1) year periods subject to satisfactory performance and mutual agreement.

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 


 

 

Outcome 7 - We have confidence in our Council

 

14      Pecuniary Interest Returns 2020 - 2021                                                   

239  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Pecuniary Interest Returns 2020 - 2021 be received.

 

16      Audit, Risk and Improvement Committee                                                

240  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

 

17      Summary of Investment & Banking for the Period 1 September 2021 to 30 September 2021                                                                                 

241  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marcus Cornish

That:

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

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 September 2021 to 30 September 2021 be noted and accepted.

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

 

 

Procedural Motion

242  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Ross Fowler OAM that Council waive the period of insufficient notice in order to consider Item 18 - RFT 21/22 Police Cottage Construction Works.

 

 

18      RFT 21/22 Police Cottage Construction Works                                       

243  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Tricia Hitchen

That:

1.     The information contained in the report on RFT 21/22 Police Cottage Construction Works be received

2.     The tender from AMA Projects Pty Ltd, for the amount of $1,687,471.00 (excluding GST) be accepted for RFT 21/22 Police Cottage Construction Works

3.     The General Manager (or their delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND  URGENT BUSINESS

 

RR 1           Topiary - Roundabout at Castlereagh and Andrews Roads, Cranebrook        

Councillor Ross Fowler OAM requested that remediation and improvement works be carried out to the topiary planted on the roundabout at Castlereagh and Andrews Roads, Cranebrook.

 

RR 2           Penrith Lakes   

Councillor John Thain requested a report to Council detailing options for a waterside recreational area that could be provided for residents of the Penrith LGA, at Penrith Lakes, similar to that which is located at Southbank in Brisbane.

 

RR 3           Access to Tench Avenue   

Councillor Mark Davies requested a briefing detailing options for providing access off Blaikie Road to car parking for the East Bank restaurants along Tench Avenue in order to reduce traffic congestion along Tench Avenue.

 

RR 4           Montgrove College - Provision of Pedestrian Crossing

Councillor Mark Davies requested that the Local Traffic Committee investigate all options for installing a pedestrian crossing for school children and the general public on or near Montgrove College, Orchard Hills due to increased traffic in this area since the intersection upgrade at Northern Road and the new bus route that been established.

 

RR 5           Missed Bin Collections      

Councillor Mark Davies requested that Council staff investigate the efficiency of the process when residents bin collections are missed and reported to council, in particular in  Bringelly Road, Kingswood.

 

RR 6           Masterplan - St Marys        

Councillor Todd Carney requested that a masterplan for St Marys be prepared as a matter of priority with work on this to be commenced early next year.

 

RR 7           Legal Matter      

Councillor Kevin Crameri OAM requested that a matter be referred to committee of the whole as it refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

RR 8           Drainage Issues -  Fourth Avenue, Llandilo

Councillor Kevin Crameri OAM requested information as to what is happening with the group houses on Fourth Avenue, as the water is still running down the road and into the culvert and into a paddock with green slime.

 

 

 

RR 9           Status of Requests    

Councillor Kevin Crameri OAM requested a memo response on a number of requests he has been waiting on answers for including trees, local land services, why we don’t apply etc, and a report on rural gutters.

 

RR 10         Recognition of Jessica Fox        

Councillor Tricia Hitchen requested that Council name the section of road that leads from McCarthys Lane into Penrith Whitewater Stadium Jessica Fox Drive and that a plaque be erected at the entrance to Whitewater Stadium outlining her amazing achievements.

 

RR 11         City Park for St Marys        

Councillor Tricia Hitchen requested that consideration be given to creating a City Park for St Marys to provide a meeting and recreational space for the St Marys community.

 

RR 12         Changes to Child Care Fees       

Councillor Tricia Hitchen requested that an investigation take place into the recent changes to times and fees at Council’s child care centres and also advise if there is a fee relief process available to users of this service.

 

UB 1           Installation of Signs at the Community Kitchen   

Councillor Tricia Hitchen requested that Council staff assist with installing new signs at the Community Kitchen at PCYC.

 

244  RESOLVED on the MOTION of Councillor Tricia Hitchen 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.

 

245  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Marcus Cornish that Council staff assist with installing new signs at the Community Kitchen at PCYC.

 

RR 13         Boat Ramps - Tench Reserve     

Councillor Marcus Cornish requested a memo reply regarding the situation at the boat ramps in Tench Reserve, with a view to Council Rangers patrolling the area around the boat ramps to manage traffic and to prevent cars without trailers parking in trailer parking bays; also that Council write to the State Government requesting funding for managing this situation.

 

 

RR 14         Salvinia in Waterways        

Councillor Marcus Cornish requested that Council write to the Department Planning, Environment and Industry seeking action to remove Salvinia in waterways in the Penrith LGA as it poses a danger to the water quality of the Nepean River.

 

RR 15         Linking of Green Recreational Spaces in Glenmore Park      

Councillor Kath Presdee requested a memo reply investigating ways in which we can link and improve the green recreation spaces in and around Glenmore Park, providing additional amenities, pathways and signposting to create a network of parks and reserves across the suburb. The memorandum should also include indicative funding levels and options to be considered by the new Council and the community.

 

RR 16         Recycling Strategies 

Councillor Kath Presdee requested a briefing on ways of expanding Council’s recycling strategies to encompass soft plastic waste and clothing and textiles, including ways in which Council can make better use of recycled materials in the provision of local infrastructure such as play equipment and road base.

 

Councillor Mark Davies left the meeting and did not return the time being 9:38pm.

 

UB 2           Civic and Ceremonial Functions

Councillor Kath Presdee requested that Penrith Council delegate the authority to the Mayor, Clr Karen McKeown, and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

246  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Todd Carney 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.

 

 

A MOTION was moved by Councillor Kath Presdee seconded Councillor Todd Carney that Penrith Council delegate the authority to the Mayor, Clr Karen McKeown, and the General Manager, Warwick Winn, to carry out civic and ceremonial functions of the office of Mayor between election day and the holding of the Mayoral Election at the first meeting of the new Council in January 2022.

 

Councillor Marcus Cornish called for a DIVISION.

 

For

Against

 

Councillor Kath Presdee

Councillor Ross Fowler OAM

Councillor Robin Cook

Councillor Brian Cartwright

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor Todd Carney

Councillor Marcus Cornish

Councillor John Thain  

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa

 

 

 

 

 

Note:

Councillor Kath Presdee agreed to withdraw this motion and gave Notice for the Motion to be listed on the November Ordinary Meeting agenda.

 

 

 

RR 17         Pink Up Penrith - McGrath Foundation Golf Day - 29 October         2021 

Councillor Bernard Bratusa highlighted Friday’s event to be held at Twin Creeks and requested support for the Golf Day which is being held to raise funds for the McGrath Foundation.

 

RR 18         November Ordinary Council Meeting 

Councillor Bernard Bratusa requested that, as this will be the last Ordinary meeting of the current Council, the meeting be held in person in the Council Chambers.

 

RR 19         Melbourne Cup Luncheon - Regatta Centre

Councillor Greg Davies advised that a Melbourne Cup luncheon will also be held at the Regatta Centre this year raising funds for the McGrath Foundation.

 

RR 20         Function for Jessica Fox   

Councillor Greg Davies requested consideration of holding a celebratory function for Jessica Fox at the same time as the celebratory function for Panthers is planned to be held later this year.

 

RR 21         Planning Reports - Details of Board of Directors 

Councillor Greg Davies requested that information be provided to Councillors detailing the names of all persons who are on the Board of Directors of companies who are landowners and proponents for planning reports.

 

 

RR 22         Boarding Houses - Cnr of Coreen Avenue and Kareela Avenue,    Penrith     

Councillor Todd Carney requested information as to whether the development of a boarding house at the corner of Coreen Avenue and Kareela Avenue, Penrith has been submitted to the Local Planning Panel.

 

RR 23         Civic Reception - Panthers         

Councillor Greg Davies requested a memorandum advising whether a civic reception  congratulating the Panthers on their 2021 Premiership win would be included in the planned December celebrations.

 

RR 24         1-4 Old Bathurst Road        

Councillor Bernard Bratusa requested information as to whether there is an existing precedent for Council reducing fees in regard to planning proposals in the past.

 

RR 25         12 Judd Street, Berkshire Park 

Councillor John Thain requested information as to whether this was a retrospective development application or a complying development.

 

RR 26         Re Item 3 – Amendment to Penrith DCP 2014 - Urban Heat    Controls   

Councillor Mark Davies requested a memo reply detailing why this matter was not brought to a Councillor Briefing as previously requested by him.

 

.

 

Committee of the Whole

 

247  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:48pm.

 

Councillors Jim Aitken OAM left the meeting at 9:48pm and did not return.

 

1        Presence of the Public

 

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

 

 

Outcome 7

 

2        RFT 20/21-39 The Police Cottage Food and Beverage Operator                                 

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Agreement to Lease - 4 Punt Road Emu Plains                                                             

 

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        Unsolicited Proposal - Lang and Kokoda Park St Marys                                             

 

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.

 

 

 

5        Partial Road Closure of Northend Avenue, South Penrith                                           

 

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.

 

6        Penrith Stadium Lease                                                                                                     

 

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.

 

7        Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood                                                                                                                         

 

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.

 

8        Legal Matter

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, prejudice the maintenance of law and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

         

The meeting resumed at 10:27pm and the General Manager reported that the Committee of the Whole met at 9:48pm on 25 October 2021, the following being present

 

Her Worship the Mayor, Councillor Karen McKeown OAM, Deputy Mayor, Councillor Tricia Hitchen, and Councillors Bernard Bratusa, Todd Carney, Brian Cartwright, Robin Cook, Marcus Cornish, Kevin Crameri OAM, Greg 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

 

2        RFT 20/21-39 The Police Cottage Food and Beverage Operator                                 

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

CW2 That:

1.     The information contained in the report on RFT 20/21-39 The Police Cottage Food and Beverage Operator be received

2.     The recommended tender 2773 Pty Ltd be accepted for RFT20/21-39 The Police Cottage Food and Beverage Operator

3.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

4.     A copy of this report be made available on Council’s website at an appropriate time.

 

 

3        Agreement to Lease - 4 Punt Road Emu Plains                                                             

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kath Presdee

CW3 That:

1.     The information contained in the report on Agreement to Lease - 4 Punt Road Emu Plains be received

2.     Council agree to enter into an agreement to lease under the terms and conditions listed within the report to 2773 Pty Ltd.  

3.     The Common Seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

 

4        Unsolicited Proposal - Lang and Kokoda Park St Marys                                             

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

RECOMMENDED

That:

1.     The information contained in the report on Unsolicited Proposal - Lang and Kokoda Park St Marys be received

2.     Council decline the current Unsolicited Proposal submitted by Pacific Planning based on the details provided within this report

3.     Council proceed with the development of a High Level Business Case over the subject Council owned land in St Marys.

 

An AMENDMENT was moved by Councillor Bernard Bratusa seconded Councillor Tricia Hitchen:

RECOMMENDED

CW4 That:

1.     The information contained in the report on Unsolicited Proposal - Lang and Kokoda Park St Marys be received

2.     Council defer the current Unsolicited Proposal submitted by Pacific Planning as requested and set a specific date in the first quarter of 2022 for the proponent to table an offer.

3.     Council proceed with the development of a High Level Business Case over the subject Council owned land in St Marys.

The AMENDMENT was PUT.

The AMENDMENT was CARRIED and on becoming the SUBSTANTIVE MOTION was also CARRIED.

 

 

5        Partial Road Closure of Northend Avenue, South Penrith                                           

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Kath Presdee   

CW5 That:

1.     The information contained in the report on Partial Road Closure of Northend Avenue, South Penrith be received

2.     Part Northend Avenue South Penrith, as identified within the report, be permanently closed in accordance with the Roads Act 1993 and classified as operational land.

3.     Upon closure of the road, the subject land form part of a land swap agreement between Council and the Applicant as detailed in this report with compensation subject to market valuation at that time.

4.     The land transferred to Council is to be dedicated as Public Road in accordance with the Roads Act.

5.     The common seal of the Council of the City of Penrith be affixed to all documents as required, and the General Manager (or his delegate) be authorised to sign all necessary legal documents in relation to this matter.

 

 

6        Penrith Stadium Lease                                                                                                     

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

CW6 That:

1.     The information contained in the report on Penrith Stadium Lease be received

2.     Council provides financial relief as outlined in the report.

 

 

7        Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood                                                                                                              

RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies   

CW7 That:

1.     The information contained in the report on Licence of Temporary Carpark located at the corner of Rodgers and Somerset Street Kingswood be received.

2.     Council commence the advertising process for a new 2 year Licence Agreement with 2 year option to Healthscope Limited over the existing temporary carpark on the corner of Rodgers & Somerset Streets, Kingswood in accordance with Section 47A of the Local Government Act 1993.

3.     Upon completion of the advertising process Council enter into a new 2 year Licence Agreement with 2 year option to Healthscope Limited over the existing temporary carpark on the corner of Rodgers & Somerset Streets, Kingswood.

 

 

 

ADOPTION OF Committee of the Whole

 

248 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Todd Carney that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6 and CW7 be adopted.

 

 

Her Worship the Mayor, Councillor Karen McKeown OAM then advised that Urgent Business Item 2 - Civic and Ceremonial Functions would need to be recommitted to Council as the Governance Coordinator advised the vote with respect to that item had not been accurate. Rather than recommit the item however, Councillor Kath Presdee agreed to withdraw the motion and list it as a Notice of Motion for the next Ordinary Council Meeting in November.

 

There being no further business the Chairperson declared the meeting closed the time being 10:31pm.

 

 

 

 

I certify that these 23 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 25 October 2021.

 

 

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