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 27 JUNE 2022 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
PRAYER
The Council Prayer was read by Rev Christine Bayliss Kelly.
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, Sue Day, Ross Fowler OAM, Glenn Gardiner, Karen McKeown OAM, Jonathan Pullen, Mark Rusev and Marlene Shipley.
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154 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev that the apology be accepted for Councillor Mark Davies. |
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155 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 30 May 2022 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 - Update on COVID Recovery - Special Purposes Grant, as he is the Public Officer for Llandilo Hall, which was successful in receiving a grant. Councillor Kevin Crameri OAM stated that he would leave the meeting during consideration of this item.
Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, as she is a Director of St Marys Town Centre Limited.
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans and Item 9 - Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan, as he is on the Board of St Marys Town Centre Limited. Councillor Bernard Bratusa stated that he would remain in the meeting during consideration of these items and take part in discussion on the matters but will not vote on the issues.
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North, as he is currently employed by Golf NSW who have a proposal for the Legacy Property Group. Councillor Bernard Bratusa stated that he would leave the meeting during consideration of this item.
Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, as he is the Auditor for the Penrith CBD Corporation. Councillor Ross Fowler OAM stated that he would leave the meeting during consideration of this item.
Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - Centre Corporations - 2022-23 Business Plans, Item 9 - Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan and Item 14 – WestInvest Program, as he is on the board of the Penrith CBD Corporation. Councillor Mark Rusev stated that he would remain in the meeting during consideration of these items but would not participate in discussion of the items.
Councillor Jim Aitken OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North. Councillor Jim Aitken OAM stated that he would leave the meeting during consideration of this item.
Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North, as she resides in Orchard Hills. Her Worship the Mayor Councillor Tricia Hitchen stated that she would leave the meeting during consideration of this item.
Ms Kylie McCausland
Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022
Ms McCausland, affected citizen spoke against the recommendation in Item 7 of the Local Traffic Committee Meeting held on 6 June 2022 . Ms McCausland raised concerns regarding the lack of traffic safety in the vicinity of her residence at the intersection of Walter Street and Victoria Street, particularly in relation to the current buffer lane and speeding traffic. She also raised concerns in relation to the lack of parking availability for residents. Ms McCausland recommended that Council not approve the proposed works on the intersection of Walter Street and Victoria Street and reconsider the design by implementing speed humps and signage that indicates limited right-hand turns.
Ms Bea Sapina
Report and Recommendations of the Local Traffic Committee Meeting held on 6 June 2022
Ms Sapina, affected citizen spoke against the recommendation in Item 7 of the Local Traffic Committee Meeting held on 6 June 2022. Ms Sapina emphasised the need for the buffer lane as a safety buffer, particularly when experiencing the tailgating of vehicles when pulling into her driveway. Ms Sapina also expressed concerns in relation to the hazard of stormwater run off with the proposed lane.
Mr Mike Williams
Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North
Mr Williams spoke in support of the recommendations in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North on behalf of Legacy Property. Mr Williams stated that this planning proposal in a significant milestone for the rezoning and is the best opportunity to provide new detached housing in the Penrith LGA. He also expressed appreciation on behalf of the Legacy Group for Council’s ongoing constructive engagement and reiterated that they remain committed to continue working collaboratively with Council to ensure that the planning proposal can be reported back after public exhibition.
Mr Damian Vella
Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North
Mr Vella spoke in support of the recommendations in Item 1 - Planning Proposal to amend Penrith Local Environmental Plan 2010 - Orchard Hills North. Mr Vella stated that the rezoning will provide new opportunities for more affordable housing for future generations. Mr Vella also expressed positive feedback in relation to the work of the Legacy Property Group and their ability to deliver another successful development.
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157 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that Standing Orders be resumed, the time being 7:20pm. |
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159 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Locals Recognised in 2022 Queen's Birthday Honours be received. |
Councillors Bernard Bratusa and Councillor Jim Aitken OAM left the meeting, the time being 7:37pm.
Her Worship the Mayor Councillor Tricia Hitchen vacated the Chair and left the meeting, and Deputy Mayor Councillor John Thain took the chair, the time being 7:37pm.
Outcome 2 - We plan for our future growth
Councillors Bernard Bratusa and Councillor Jim Aitken OAM returned to the meeting, the time being 7:41pm.
Deputy Mayor, Councillor John Thain vacated the chair and Her Worship the Mayor Councillor Tricia Hitchen returned to the meeting and retook the chair, the time being 7:41pm.
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2 Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington |
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163 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington be received 2. Council endorse the draft Deed of Novation Deed of Novation of Voluntary Planning Agreement for 731-769 Great Western Highway (French Street), Werrington for execution. 3. Council authorise the General Manager to finalise and sign the Deed of Novation and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.). 4. The Common Seal of the Council of the City of Penrith be affixed to any necessary legal documents. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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164 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley That: 1. The information contained in the report on Faster Local Assessment Grant Program be received. 2. Council proceed with a funding agreement with the Department of Planning and Environment for the Faster Local Assessment Grant Program. 3. Council write to the Minister for Planning, thanking the Department of Planning and Environment for the offer to participate in the Faster Local Assessment Grant Program.
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Councillor Ross Fowler OAM left the meeting, the time being 7:44pm.
Outcome 4 - We have safe, vibrant places
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165 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Sue Day that the information contained in the report on Centre Corporations - 2022-23 Business Plans be received. |
Outcome 6 - We are healthy and share strong community spirit
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166 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the information contained in the report on Youth Week 2022 be received. |
Councillor Ross Fowler OAM returned to the meeting, the time being 7:46pm.
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6 Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant) |
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167 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Marlene Shipley That: 1. The information contained in the report on Request for Major Event Sponsorship - Regatta Restaurant and Bar Pty Ltd (t/a Lakeside Restaurant) be received 2. Council endorse $5,000 (plus GST) in sponsorship to the Regatta Restaurant and Bar Pty Ltd in support of the ‘An Afternoon with James Morrison’ event to be held 30 October 2022.
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7 Disability Inclusion Action Plan 2022-2026 - Final document |
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168 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook That: 1. The information contained in the report on Disability Inclusion Action Plan 2022-2026 - Final document be received 2. The Disability Inclusion Action Plan 2022-26 be endorsed as final and submitted to the Department of Communities and Justice 3. An amount of $16,666 be allocated from each Ward’s voted works to fund the stretch events. |
Councillor Kevin Crameri OAM left the meeting, the time being 7:53pm.
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169 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the information contained in the report on Update on COVID Recovery - Special Purposes Grant be received. |
Councillor Kevin Crameri OAM returned to the meeting, the time being 7:53pm.
Outcome 7 - We have confidence in our Council
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9 Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan |
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170 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Adoption of Community Strategic Plan - Penrith 2036,+ 2022-32 Resourcing Strategy, Delivery Program 2022-26 and 2022-23 Operational Plan be received. 2. In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, Council adopt the Penrith 2036+ Community Strategic Plan, 2022 Resource Strategy, 2022-26 Delivery Program, 2022-23 Operational Plan (Including 2022-23 Fees & Charges), including proposed changes outlined in this report, and any amendments made at tonight’s meeting 3. Council agree to underwrite the operations of Penrith Whitewater Stadium Limited and Penrith Performing and Visual Arts Ltd until the presentation of the respective Annual Reports for 2022-23. 4. Council adopt the following to make the Rates and Charges for 2022-23: a. Ordinary Rate: Council make its Residential, Business and Farmland rates for 2022-23 in accordance with Section 535 of the Local Government Act 1993 such rate to be as follows:
b. Stormwater Charges: Council make its Stormwater Management Service charge to be applied on all urban residential and urban business land as outlined in the report. c. Domestic Waste Charges: Council make its Domestic Waste Service charge in accordance with Section 496 of the Local Government Act 1993 and the 2022-23 Operational Plan and 2022-23 Fees & Charges. d. Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2022-23 Operational Plan and 2022-23 Fees & Charges.
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171 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain That: 1. The information contained in the report on Model Code of Meeting Practice be received 2. The Code of Meeting Practice attached to this report be adopted as the Council’s Code of Meeting Practice with Clause 5.2 being amended to provide for live audio broadcast 3. The General Manager being authorised to make minor administrative amendments to the Code of Meeting Practice.
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11 Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith |
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172 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Council Property - Lease Agreement - Joan Sutherland Performing Arts Centre - 597- 599 High Street Penrith be received 2. Council approve the proposed new lease as per the terms and conditions listed in 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 their delegate) be authorised to sign all necessary legal documents in relation to this matter.
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12 Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211) |
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173 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jonathan Pullen That: 1. The information contained in the report on Plan of delimitation over Council's land located at 6 Cox Avenue Kingswood (Part of lot 1 DP 198211) be received. 2. Council undertake and register the delimitation plan with NSW Land Registry Services to facilitate the boundary definition of the land as part of the Kingswood Commuter Carpark Upgrade Project. 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 legal documents in relation to this matter.
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13 Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood |
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174 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown OAM That: 1. The information contained in the report on Proposed easement over Council's land located at Lot 349 and Lot 350 DP14333, 5A Stafford Street Kingswood be received 2. Council support the creation of an easement over Lot 349 and Lot 350 DP14333, on the terms and conditions detailed within this report. 3. The compensation received be allocated to the Property Reserve for future development 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 his delegate) be authorised to sign all necessary legal documents in relation to this matter.
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175 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on WestInvest Program be received 2. The action taken by Council staff under the WestInvest Program as detailed in the report, and the list of projects listed in Appendix 1, be endorsed. 3. Council thanks and congratulates the team of Council Officers led by Governance Manager, Glenn McCarthy, for their efforts in relation to the WestInvest program.
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15 Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022 |
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176 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Sue Day That: 1. The information contained in the report on Summary of Investment & Banking for the period 1 May 2022 to 31 May 2022 be received. 2. The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 May 2022 to 31 May 2022 be noted and accepted. 3. The graphical Investment Analysis as at 31 May 2022 be noted. |
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Councillor John Thain requested that an amount of $1,000 be allocated from each Ward’s voted works to St Stephen’s Anglican Church, Penrith to assist them with the removal of graffiti on their stain glass windows. |
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177 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that the matter be brought forward and dealt with as a matter of urgency.
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Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.
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178 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM that an amount of $1,000 be allocated from each Ward’s voted works to St Stephen’s Anglican Church, Penrith to assist them with the removal of graffiti on their stain glass windows. |
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Councillor Todd Carney requested that Council write to the relevant Minister in relation to Council’s objection of the proposed incinerators at Eastern Creek. |
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179 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that the matter be brought forward and dealt with as a matter of urgency. |
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Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting. |
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180 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook that Council write to the relevant Minister in relation to Council’s objection of the proposed incinerators at Eastern Creek. |
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Councillor Marlene Shipley requested that an amount of $3,330 plus GST be allocated from the East Ward’s voted works to the Potter’s Society to assist with the repairing of their kiln. |
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181 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.
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Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.
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182 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor John Thain that an amount of $3,330 plus GST be allocated from the East Ward’s voted works to the Potter’s Society to assist with the repairing of their kiln.
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Councillor Ross Fowler OAM requested a memorandum to all Councillors in relation to the requirement for Council’s to include RFS assets in their financial statements under the Local Government Act. |
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183 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain that the matter be brought forward and dealt with as a matter of urgency.
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Her Worship the Mayor Councillor Tricia Hitchen ruled that the matter was urgent and should be dealt with at the meeting.
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184 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain requested a memorandum to all Councillors in relation to the requirement for Council’s to include RFS assets in their financial statements under the Local Government Act. |
185 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:41pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor John Thain that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 7
2 Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment
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 8:58pm and the General Manager reported that the Committee of the Whole met at 8:41pm on 27 June 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, 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 Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes |
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RECOMMENDED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Planning Ministerial Corporation Land Transfer to Penrith City Council for Recreational Purposes be received 2. Council accept the transfer of the land outlined in Table 1 – Schedule of Lands in accordance with the terms and conditions listed in the report. 3. Council resolve to classify the land in the schedule as Community Land in accordance with s.31 of the Local Government Act 1993. 4. A public positive covenant and a caveat be registered over the land to protect the interests of each party as outlined in the Land Transfer Agreement with transfer of the lands. 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. |
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3 Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment |
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RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney CW3 That: 1. The information contained in the report on the Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment be received 2. This matter be deferred and that the proponent provide further information and present at the Councillor Briefing on 4 July 2022.
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ADOPTION OF Committee of the Whole
186 RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Mark Rusev that the recommendations contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 9:02pm.
I certify that these 15 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 27 June 2022.
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Chairperson Date