CONFIRMED MINUTES

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

COUNCIL CHAMBERS

ON MONDAY 30 MAY 2022 AT 7:00PM

 

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

Deputy Mayor, Councillor John Thain 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

Deputy Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRESENT

Deputy Mayor Councillor John Thain, and Councillors 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.

  

APOLOGIES

126  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the apologies from Her Worship the Mayor, Councillor Tricia Hitchen and Councillor Jim Aitken OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 2 May 2022

127  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 2 May 2022 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 9 - Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo, as he is a resident of Llandilo.


 

 

Mayoral Minutes

 

1        Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive                

128  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Robin Cook that the Mayoral Minute on Councillor Karen McKeown OAM re-elected to the Australian Local Government Women’s Association NSW Branch Executive be received.

 

Reports of Committees

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 6 April 2022                                                                     

129  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the recommendations contained in the Report and Recommendations of the Heritage Advisory Committee meeting held on 6 April, 2022 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 2 May 2022                                                                      

130  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Jonathan Pullen that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 May, 2022 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 9 May 2022                                                                      

131  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 May, 2022 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Reporting on Determined Clause 4.6 Variations to Development Standards                                                                                                    

132  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa that the information contained in the report on Reporting on Determined Clause 4.6 Variations to Development Standards be received.

 

2        Fire Safety Update                                                                                      

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

That:

1.     The information contained in the report on Fire Safety Update be received.

2.     Council issue a Fire Safety Order on 1590-1594 Mulgoa Road, Wallacia and 159 Queen Street St Marys should the requirements of the Notice of Intention to Serve an Order not be met.

3.     Fire and Rescue NSW be advised of Council’s decision.

 

 

Outcome 4 - We have safe, vibrant places

 

4        RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space       

134  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on RFT21/22-29 Trinity Drive Mixed Recreation & Junior Play Space be received

2.     The tender from Romba Pty Ltd be accepted for the amount of $854,824.00 (excluding GST) for the full scope of works including both portions of works outlined in RFT21/22-29 Trinity Drive.

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

 

3        RFT21/22-28 St Marys Senior Citizens Centre Refurbishment              

135  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on RFT21/22-28 St Marys Senior Citizens Centre Refurbishment be received.

2.     Secure Building Solutions Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-28 St Marys Senior Citizens Centre Refurbishment Works for an amount of $2,486,165 excluding GST.

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

 

5        Londonderry Flood Recovery Hub                                                           

136  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Marlene Shipley that the information contained in the report on Londonderry Flood Recovery Hub be received.

 


 

 

Outcome 5 - We care about our environment

 

6        RID Squad EPA Project Agreement                                                          

137  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM

That:

1.      The information contained in the report on RID Squad EPA Project Agreement be received.

2.      Penrith City Council continue as the host Council under the terms of the Project Agreement and Strategic Alliance Agreement

3.      The General Manager be granted delegation to sign the EPA Project Agreement and Strategic Alliance Agreement for the Western Sydney Regional Illegal (RID) Squad for five years from 1 July 2022 – 30 June 2027, with the option for councils to review their involvement in the final two years at the end of the third year.

 

Outcome 6 - We are healthy and share strong community spirit

 

10      RFT 21/22-21 City Park Landscape Construction                                   

138  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on RFT 21/22-21 City Park Landscape Construction be received

2.     Council reject all tenders.

3.     Council readvertise the tender seeking new submissions.

 

7        Don Bosco Youth and Recreation Centre St Marys Funding Agreement                                                                                                   

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

That:

1.     The information contained in the report on Don Bosco Youth and Recreation Centre St Marys Funding Agreement be received

2.     Council endorse a two year funding agreement with Don Bosco Youth and Recreation Centre for the period July 2021- June 2023, including the provision of an annual subsidy of $33,200 (exc GST) as well as waste removal and rate costs.

 


 

 

8        Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia)                                                                                   

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

That:

1.     The information contained in the report on Request for Major Event Sponsorship - USM Events Pty Ltd (t/a IRONMAN Australia) be received

2.     Council endorse sponsorship funding of $20,000 (plus GST) to USM Events Pty Ltd (t/a IRONMAN Australia) in support of the 2022 IRONMAN 70.3 Western Sydney event.

 

9        Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo                                                                                                        

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

That:

1.     The information contained in the report on Greater Sydney Crown Land Open Space Activation Program - Endorsement of Grant Application for funding for Wilson Park Llandilo be received

2.     Council endorse receipt of grant funds of $350,000 from the Greater Sydney Crown Land Open Space Activation Program for a new accessible amenity building and upgraded sheltered picnic area at Wilson Park, Llandilo.

 

11      Grant Acceptance - Greening the Great West Walk                               

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

That:

1.     The information contained in the report on Grant Acceptance - Greening the Great West Walk be received

2.     Council accept the $249,597 (ex GST) grant funding from the NSW Department of Planning and Environment to deliver the project.

3.     Letters of thanks be sent to the Minister for Planning, the Hon Anthony Roberts MP, and the Local Member, the Hon Stuart Ayres MP.

4.     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      Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys                                        

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

That:

1.     The information contained in the report on Compulsory Acquisition by Sydney Metro - Lot 9 DP840717 and Lot 8 DP734738 being 45 Station Street, St Marys be received

2.     Council provide its acceptance of the offer of compensation as determined by the Valuer General and referenced in the Sydney Metro Compensation Notice.

3.     The funds generated from the compensation for the compulsory acquisition of the site be allocated to the Property Development Reserve to fund future investment opportunities.

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

 

16      Audit, Risk and Improvement Committee                                                

144  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley that the information contained in the report on Audit, Risk and Improvement Committee be received.

 

17      Organisational Financial Review - March 2022                                       

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

That:

1.     The information contained in the report on Organisational Financial Review - March 2022 be received.

2.     The Organisational Financial Review - March 2022 as at 31 March 2022, including the revised estimates outlined in this report and detailed in the Organisational Report – March 2022, be adopted.

3.     Council revote the works as detailed in the Recommended Revoted Works Lists, detailed in the Organisational Report – March 2022 for inclusion in the 2022-23 Operational Plan.

4.    A further report be provided to Councillors at a Councillor briefing in relation to the COVID reserves, movements they’re in and reconciliations.

 


 

 

12      Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910)                                                                                                         

146  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Property Purchase 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be received

2.     The property known as 5a Tindale Street Penrith (Lot 14 Deposited Plan 652910) be classified as operational in accordance with section 31 Local Government Act 1993.

 

13      Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa                                                                            

147  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Unsolicited Request to Purchase Council Owned Land Located at 1 Littlefields Road Mulgoa be received

2.     Council divests 1 Littlefields Road Mulgoa (Lot 1 DP852709) as per the terms outlined within this report.

3.     The funds generated from the divestment be allocated to the Property Development Reserve to fund future investment opportunities.

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

 

 

15      Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith                                                  

148  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Acquisition by Transport for NSW of Electrical Easement - Lot 12 DP 220581 151 Parker Street South Penrith be received

2.     Council accept the offer from TfNSW as supported by the valuation report by Colliers International for the acquisition of the electrical easement over Lot 12 DP220581.

3.     Council enter into an appropriate deed with TfNSW and execute relevant documents required for the creation of the easement.

4.     The funds generated from the compensation for the compulsory acquisition of the easement be allocated to the Property Development Reserve to fund future investment opportunities.

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

 

18      Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023        

149  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Superannuation Payments and Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2022-2023 be received

2.     The fees payable to the Mayor and Councillors for 2022-23 be set at the maximum level permitted.

3.     Superannuation payments be made to the Mayor and Councillors commencing 1 July 2022, in line with the superannuation guarantee levy.

 

19      Outcome of 2021-2022 Loan Borrowing Program                                  

150  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Outcome of 2021-2022 Loan Borrowing Program be received.

2.     Council be advised that NSW TCorp was the successful lender for $4m and CBA was the successful lender for $20m that comprised the Council’s 2021-2022 Borrowing Program.

 

20      Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022                                                                                                     

151  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Jonathan Pullen

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 April 2022 to 30 April 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 April 2022 to 30 April 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 30 April 2022 be noted.

 

Committee of the Whole

 

152 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:33pm.

 

1        Presence of the Public

 

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

 

 

Outcome 4

 

2        Regatta Park Update - Compulsory Acquisition                                                            

 

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

The meeting resumed at 7:38pm and the General Manager reported that the Committee of the Whole met at 7:33pm on 30 May 2022, the following being present

 

Deputy Mayor Councillor John Thain, and Councillors 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

 

2        Regatta Park Update - Compulsory Acquisition                                                            

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day    

CW2 That:

1.     The information contained in the report on Regatta Park Update - Compulsory Acquisition be received.

2.     Council allocate an additional budget as detailed in the body of the report, funded from the Major Projects Reserve.

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

 

 

ADOPTION OF Committee of the Whole

 

153  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies 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 7:38pm.

 

 

I certify that these 10 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 30 May 2022.

 

 

 

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