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 2 MAY 2022 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
PRAYER
The Council Prayer was
read by Acting Governance Manager, Mr Adam Beggs.
STATEMENT OF RECOGNITION
Her Worship the Mayor, Councillor Tricia Hitchen read a
statement of recognition of Penrith City’s Aboriginal and Torres Strait
Islander Cultural Heritage.
WEBCASTING STATEMENT
Her Worship the Mayor, Councillor Tricia Hitchen read a
statement advising that Council Meetings are recorded and webcast.
PRESENT
Her Worship the Mayor, Councillor Tricia Hitchen, Deputy
Mayor Councillor John Thain, and Councillors Jim Aitken OAM, Bernard Bratusa,
Todd Carney, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler
OAM, Glenn Gardiner, Karen McKeown OAM, Jonathan Pullen, Mark Rusev and
Marlene Shipley.
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APOLOGIES
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There were no
apologies.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 28 March 2022
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107 RESOLVED
on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev that
the minutes of the Ordinary Meeting of 28 March 2022 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Sue Day declared a Non-Pecuniary Conflict of
Interest – Less than Significant in Item 1 - Tender Reference
RFT21/22-20 for the provision of Food Supplies as she is a Director on the
Board of Penrith City Children’s Services Cooperative, Woolworths is a customer
of her employer and one of the Woolworths Directors listed is a professional
associate of hers. Councillor Day stated that she would remain in the
meeting during consideration of this matter but would not take part in the
debate.
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict
of Interest – Less than Significant in Item 11 - WestInvest Program
as he is employed by Golf NSW and Wallacia Golf Course is listed as an
applicant for funding under the Program.
Councillor Kevin Crameri OAM declared a Non-Pecuniary
Conflict of Interest – Less than Significant in Item 4 – NSW
Rural Fire Service (RFS) - Rural Boundary Clearing Code as he owns 5 acres
of rural land which contains trees, a dam, and is in a bush fire zone and he is
a member of a Bush Fire Brigade.
Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict
of Interest – Less than Significant in Item 2 - Review of
Environmental Factors (REF) for “Mulgoa Road Upgrade Stage 2, 5A and 5B
Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and
Jamison Road to Union Road as he owns properties in the vicinity of the
area the subject of the report.
Notices of Motion
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1 Developer
Forum
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108 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor John Thain
That:
1. Penrith City
Councillors acknowledge on Monday 21 March, Council's planning team received
a commendation in the Research and Practice category for its' 'Places of
Penrith' submission at the 2022 National Growth Areas Alliance (NGAA) Awards.
2. Council
convenes a Developer Forum on or before 30 September 2022.
3. Council
outlines its:
a) Places
of Penrith strategic framework; and
b) Vision for our
City.
4. Council's Development
Assessment, and Strategic Planning Departments provide a brief overview of
current plans/expectations.
5. Council
invites feedback on opportunities directly and indirectly linked to the
Western Sydney Airport and North-South rail link projects.
6. Council
invites feedback on enhancing its reputation as a destination for investment
in Western Sydney.
7. Council
provides its direction for change and a commitment to work proactively with
developers to create better places for our community to connect, play, learn,
work and live.
8. Councillors be
invited to attend the Forum.
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Reports of Committees
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1 Report
and Recommendations of the Access Committee Meeting held on 16 March 2022
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109
RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Todd
Carney that the recommendations contained in the Report and Recommendations
of the Access Committee meeting held on 16 March, 2022 be adopted.
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2 Report
and Recommendations of the Access Committee Meeting held on 6 April 2022
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110 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Robin Cook that the
recommendations contained in the Report and Recommendations of the Access Committee
meeting held on 6 April, 2022 be adopted.
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DELIVERY PROGRAM
REPORTS
Outcome
1 - We can work close to home
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1 Tender
Reference RFT21/22-20 for the provision of Food Supplies
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111 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Todd Carney
That:
1. The
information contained in the report on Tender Reference RFT21/22-20 for the
provision of Food Supplies be received
2. Woolworths
Group Limited trading as Woolworths at Work and Denne Holdings Pty Ltd
trading as Valley Meats be awarded the contract subject to the execution of a
formal agreement for Children’s Services Food Supplies and upon a
satisfactory financial assessment, for a period of three (3) years, with an
option to extend for a further two (2) x (1) year periods, subject to
satisfactory performance.
3. The
General Manager (or their delegate) be authorised to sign all necessary legal
documents in relation to this matter.
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Outcome
3 - We can get around the City
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2 Review
of Environmental Factors (REF) for Mulgoa Road Upgrade Stage 2, 5A and 5B
Between Glenmore Parkway to Jeanette Street, Blaikie Road to Jamison Road and
Jamison Road to Union Road
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112 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Bernard Bratusa
That:
1. The
information contained in the report on Review of Environmental Factors (REF)
for Mulgoa Road Upgrade Stage 2, 5A and 5B Between Glenmore Parkway to
Jeanette Street, Blaikie Road to Jamison Road and Jamison Road to Union Road
be received
2. Council’s
Engineering Services Manager be authorised to finalise a submission, based on
this report, attachment and separate enclosure, to Transport for NSW (TfNSW)
by 6 May 2022.
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Outcome
4 - We have safe, vibrant places
Outcome
5 - We care about our environment
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4 NSW
Rural Fire Service (RFS) - Rural Boundary Clearing Code
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114 RESOLVED on the MOTION of
Councillor Glenn Gardiner seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on the NSW Rural Fire Service (RFS) -
Rural Boundary Clearing Code be received
2. Council
does not opt into the NSW Rural Fire Service Rural Boundary Code.
3. A further
report be presented to Council regarding the partial or full adoption of the
Small Holdings and Land Zoned Rural-Residential or Large Lot Residential
provisions found in the RAMA Code provided by NSW Environment & Heritage.
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5 Floodplain
Development Manual Update - Submission to the Department of Planning and
Environment
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115 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Floodplain Development Manual Update -
Submission to the Department of Planning and Environment be received.
2. Council’s
Engineering Services Manager be authorised to finalise a submission, based on
this report and attachments, to the Department of Planning and Environment.
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Outcome
6 - We are healthy and share strong community spirit
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6 Requests
for Community Event Sponsorship - NSW Office of Sport and Penrith District
Nitro Racing Incorporated
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116 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor Marlene Shipley
That:
1. The
information contained in the report on Requests for Community Event
Sponsorship - NSW Office of Sport and Penrith District Nitro Racing
Incorporated be received
2. Council
endorse $2,000 in community event sponsorship to the NSW Office of Sport in
support of the 2022 Western Sydney Marathon event
3. Council
endorse $1,000 in community event sponsorship to Penrith District Nitro
Racing Incorporated in support of the 2022 RCA NSW Onroad Championships event
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7 RFT
21/22-07 Gipps Street Recreation Precinct - Landscape Construction
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117 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on RFT 21/22-07 Gipps Street Recreation
Precinct - Landscape Construction be received
2. The tender
from Glascott Landscape and Civil Pty Ltd, for the amount of $25,989,264.27 (excluding
GST) be accepted for RFT 21/22-07 Gipps Street Recreation Precinct -
Landscape Construction.
3. The
provisional rates from Glascott Landscape and Civil Pty Ltd, for site
remediation and additional delivery items (stage 2 items) be accepted for RFT
21/22-07 Gipps Street Recreation Precinct - Landscape Construction subject to
the availability of additional funding within the contract period.
4. The
General Manager (or their delegate) be authorised to sign all necessary legal
documents in relation to this matter.
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Outcome
7 - We have confidence in our Council
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8 Exhibition
of Draft Community Strategic Plan 2036, Draft 2022 Resource Strategy, Draft
2022-26 Delivery Program, Draft 2022-23 Operational plan and Draft 2022-23
Fees and Charges
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118 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM
That:
1. The
information contained in the report on Exhibition of Draft Community
Strategic Plan 2036, Draft 2022 Resource Strategy, Draft 2022-26 Delivery
Program, Draft 2022-23 Operational plan and Draft 2022-23 Fees and Charges be
received.
2. In
accordance with the Local Government Act 1993 and Local Government (General)
Regulation 2021, the Draft Penrith 2036+ Community Strategic Plan,
Draft 2022 Resource Strategy, Draft 2022-26 Delivery Program, Draft
2022-23 Operational Plan and Draft 2022-23 Fees & Charges be placed
on Public Exhibition for 28 days commencing on Friday 6 May 2022, ending on
Thursday 2 June 2022 (inclusive).
3. The Public
Exhibition arrangements are implemented as detailed in this report, and
submissions from the community are invited.
4. Council
incorporates the subsidy request from Penrith Whitewater Stadium, once their
budget is finalised, into the 2022-23 Operational Plan during the exhibition
period and include the outcome in a future report to Council.
5. In
relation to an application for a Special Rate Variation, Council resolve to
(1) apply under the Additional Special Variation process for a special
variation under section 508(2) of the Local Government Act 1993 (the Act) for
2022-23, and (2) that the application for a special variation be a permanent
special variation under section 508(2) of the Act, and (3) that the
additional income that the council will receive in 2022-23 if the special
variation is approved is approximately $1.6 million, and (4) that the
additional funding is required to ensure that Council’s Asset
Management programs remain funded and (5) that the council has considered the
impact on ratepayers and the community in 2022-23 and future years if the special
variation is approved, and considers that it is reasonable.
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9 Amendment
to Easement Plan - Lot 106 DP1236304 benefiting Penrith City Council
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119 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor Marlene Shipley
That:
1. The
information contained in the report on Amendment to Easement Plan - Lot 106
DP1236304 benefiting Penrith City Council be received
2. Council
release the existing easements over Lot 106 DP1236304 and support the
creation of a new easement as detailed within this report.
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.
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10 Jamison
Road Penrith - Council Land Acquisition for Road Widening Purposes
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120 RESOLVED on the MOTION of
Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Jamison Road Penrith - Council Land
Acquisition for Road Widening Purposes be received
2. The
acquisition of part Jamison Park South Penrith (Lot 1 DP1057945), being
252-308 Jamison Road as detailed within this report, be undertaken in
accordance with the Roads Act 1993 and the Land Acquisitions (Just Terms
Compensation) Act 1991.
3. Following
the acquisition, the land be dedicated as public road under Section 10 of the
Roads Act 1993.
4. 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.
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11 WestInvest
Program
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121 RESOLVED on the MOTION of
Councillor Todd Carney seconded Councillor John Thain
That:
1. The
information contained in the report on WestInvest Program be received
2. Applications
for funding under the Council Direct Component of the program be prepared and
submitted for:
a. Gipps Street
Recreation Reserve and
b. St Marys City Park
and Entertainment Canopy
3. Council
note that Registrations of Interest for funding under the Community Contested
Component have been submitted for the projects listed in the Appendix to this
report.
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12 Workers
Insurance (Compensation) Service Review Outcome
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122 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Sue Day
That:
1. The
information contained in the report on Workers Insurance (Compensation)
Service Review Outcome be received.
2. Council
enter into a contract with StateCover Mutual Limited for Workers Insurance
(Compensation) from 30 June 2022, on an initial 3-year contract.
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13 Summary
of Investment & Banking for the period 1 March 2022 to 31 March 2022
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123
RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor
Marlene Shipley
That:
1. The
information contained in the report on Summary of Investment & Banking
for the period 1 March 2022 to 31 March 2022 be received
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the period 1 March 2022 to 31 March 2022 be noted and
accepted.
3. The
graphical Investment Analysis as at 31 March 2022 be noted.
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Committee of the Whole
124 RESOLVED on the MOTION of Councillor Karen McKeown OAM
seconded Councillor Todd Carney that the meeting adjourn to the Committee of
the Whole to deal with the following matters, the time being 7:39pm
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Karen McKeown seconded Councillor Todd Carney that the press
and public be excluded from Committee of the Whole to deal with the following
matter:
Outcome 2
2 Glenmore
Ridge
This item has been referred to
Committee of the Whole as the report refers to advice concerning litigation, or
advice that would otherwise be privileged from production in legal proceedings
on the ground of legal professional privilege and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
The meeting
resumed at 7:42pm and the General Manager reported that the Committee of the
Whole met at 7:39pm on 2 May 2022, the following being present
Her Worship
the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and
Councillors Jim Aitken OAM, Bernard Bratusa, Todd Carney, Robin Cook, Kevin
Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen
McKeown OAM, Jonathan Pullen, Mark Rusev and Marlene Shipley.
and the Committee of the Whole excluded
the press and public from the meeting for the reasons set out in CW1 and that
the Committee of the Whole submitted the following recommendations to Council.
CONFIDENTIAL BUSINESS
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2 Glenmore
Ridge
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RECOMMENDED on the MOTION of Councillor
Todd Carney seconded Councillor John Thain
CW2 That:
1. The
information contained in the report on Glenmore Ridge be received.
2. Notations
be applied to planning certificates pursuant to section 10.7(5) of the
Environmental Planning and Assessment Act 1979 in the manner identified in
this report.
3. The
General Manager be authorised to add, amend, vary or revoke notations on
planning certificates, including the geographical extent, should advice be
received from Council’s geotechnical or legal consultant’s
advising the amendment, variation or revocation of notations on planning
certificates.
4. Letters
be sent to owners of the relevant properties to advise them that a notation
will be applied to planning certificates for their property pursuant to
section 10.7(5) of the Environmental Planning and Assessment Act 1979.
5. Where a
person applies for a planning certificate pursuant to section 10.7(2) of the
EPA Act for a property that has the above notation, then the information
pursuant to section 10.7(5) is to be included on the certificate when issued
to that person.
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ADOPTION OF
Committee of the Whole
125 RESOLVED on the MOTION of Councillor John Thain seconded
Councillor Todd Carney that the recommendations
contained in the Committee of the Whole and shown as CW1 and CW2 be adopted.
There being no further business the Chairperson declared the
meeting closed the time being 7:43pm.
I certify that these 9 pages
are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held
on 2 May 2022.
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