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 25 JULY 2022 AT 7:00PM

 

NATIONAL ANTHEM  

The meeting opened with the National Anthem.

 

WEBCASTING STATEMENT

Her Worship the Mayor, Councillor Tricia Hitchen read a statement advising that Council Meetings are recorded and webcast.

 

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.

 

PRAYER

The Council Prayer was read by the Rev Christine Bayliss Kelly.

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,  Mark Rusev and Marlene Shipley.

  

APOLOGIES

187  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the apology received from Councillor Jonathan Pullen be received.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 June 2022

188  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley that the minutes of the Ordinary Meeting of 27 June 2022 be confirmed, with an amendment to Declarations of Interest to now read:

 

“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.”

 

 

  

DECLARATIONS OF INTEREST

There were no declarations of interest.

 

SUSPENSION OF STANDING ORDERS

189  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Glenn Gardiner that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04pm.

 

Mr Samih Khan

 

Item 7 - Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan

 

Mr Khan, an affected person, spoke in opposition to the recommendation.  Mr Khan outlined his family’s long history of living in the Penrith LGA.  Mr Khan noted that their property on Chain O Ponds Road is the only one in the subject proposal which is not controlled by any purchase agreement with the proponent, as they had not signed an agreement with Mirvac when approached in the past when other landowners in the area had done so.  Mr Khan stated that he believed his family have been unfairly burdened with C2 Environmental zoning and Open Space, compared to the properties which would be controlled by the proponent, as they would then not be able to use approximately 60% of their land bordering the proposed development as this is proposed to be zoned for environmental protection and parklands.

 

 

Procedural Motion

190  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Kevin Crameri OAM that an extension of time be granted to the speaker so that he may conclude his address, the time being 7:12pm.

 

Mr Khan concluded his address by requesting consideration of a better outcome for his family’s property, adding that R3 zoning should be included for the part of their property which borders onto the open space component of the proposal. 

 

 

RESUMPTION OF STANDING ORDERS

191  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Sue Day that Standing Orders be resumed, the time being 7:26pm.

 

  

 

Mayoral Minutes

 

1        Passing of Glenn Sargeant OAM                                                             

192  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Passing of Glenn Sargeant OAM be received.

 

 


 

 

2        2022 Local Celebration Award Winners                                                 

193  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on 2022 Local Celebration Award Winners  be received.

 

Reports of Committees

 

1        Report and Recommendations of the Heritage Advisory Committee Meeting held on 15 June 2022                                                                 

194  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 15 June, 2022 be adopted.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 1 - We protect and enhance an ecologically sustainable environment

 

1        NSW Environmental Trust - Organics Collections Grants Program   

195  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Robin Cook

That:

1.     The information contained in the report on NSW Environmental Trust - Organics Collections Grants Program be received

2.     Council accepts the $521,824.00 (ex GST) grant funding from the NSW Environmental Trust to support this trial.

 

 

2        Resilience Committee - Community and Professional Membership  

196  RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook

That:

1.     The information contained in the report on Resilience Committee - Community and Professional Membership be received

2.     The nominated professional organisations, and the five (5) community members selected through the expression of interest process outlined in the report, be appointed for the term of the Resilience Committee until August 2024, with an extension beyond this term if required.

 

 


 

 

Outcome 2 - We are welcoming, healthy, happy and connected

 

3        Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia)                  

197  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Australian Waterski and Wakeboard Federation Limited (t/a Wakeboard Australia) be received

2.     Council endorse sponsorship funding of $10,000 (plus GST) to Wakeboard Australia in support of the 2022 Cable Wakeboard National Championships.

 

 

4        Request for Major Event Sponsorship - Band Association of NSW Incorporated                                                                                               

198  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Band Association of NSW Incorporated be received

2.     Council endorse sponsorship funding of $5,000 (plus GST) to the Band Association of NSW Incorporated in support of the 2022 NSW State Band Championships event.

 

 

5        Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated                                                                         

199  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Veterans Cricket NSW Association Incorporated be received

2.     Council endorse sponsorship funding of $5,000 (plus GST) and $1,500 (plus GST) towards a civic reception to Veterans Cricket NSW in support of the 2022 Veteran Cricket NSW 60’s State Championships event.

 

 


 

 

Outcome 3 - We plan and shape our growing City

 

6        Affordable Rental Housing Contribution Scheme Planning Proposal

200  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor John Thain

That:

1.     The information contained in the report on Affordable Rental Housing Contribution Scheme Planning Proposal be received.

2.     Council endorse the Planning Proposal presented in this report which has been provided as Enclosure 1 to this report.

3.     The General Manager be granted delegation to make minor changes 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.

4.     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.

5.     The General Manager be granted delegation to make necessary minor 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.

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 is presented to Council following the public exhibition of the Planning Proposal.

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

For

Against

 

Councillor Karen McKeown OAM

 

Councillor Robin Cook

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Jim Aitken OAM

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

7        Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan                                                                                                             

201  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Planning Proposal to amend Penrith LEP 2010 - Glenmore Park Stage 3 - draft Development Control Plan and draft Contributions Plan be received.

2.     The Planning Proposal for Glenmore Park Stage 3 (RZ18/0006) be placed on public exhibition and agency consultation as soon as practical, concurrently with the draft Section 7.11 Contributions Plan, draft Development Control Plan, and VPA Letters of Offer which are attached or enclosed to this report.

3.     A report be prepared for Council to present the outcomes of the public exhibition and agency consultation.

4.     After exhibition of the Letters of Offer, a draft Voluntary Planning Agreement be reported to Council for endorsement for public notification.

5.     The Department of Planning and Environment be provided with an update on Council’s decision.

6.     Council perform ground proofing on the properties in Chain O Ponds Road to confirm the ecology that is being proposed.

 

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

For

Against

 

Councillor Karen McKeown OAM

Councillor Jim Aitken OAM

Councillor Robin Cook

Councillor Glenn Gardiner

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 


 

 

8        Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek                                           

202  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Sue Day

That:

1.     The information contained in the report on the Voluntary Planning Agreement offer by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek be received.

2.     Council endorse, for notification, the draft Voluntary Planning Agreement for by Altis Frasers for the Yards Estate 657-769 Mamre Road, Kemps Creek, provided as a separate enclosure to this report.

3.     A further report to Council be prepared following the notification of the VPA, that details any submissions received and should no significant issues be raised in submissions received, seek Council’s endorsement of the VPA.

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

For

Against

 

Councillor Karen McKeown OAM

 

Councillor Robin Cook

 

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Jim Aitken OAM

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

Outcome 4 - We manage and improve our built environment

 

9        Grant Acceptance - Metropolitan Greenspace Program                      

203  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on Grant Acceptance - Metropolitan Greenspace Program be received

2.     Council accept the Metropolitan Greenspace program funding for $100,000 and allocate the matched Council Contribution of $100,000 for the update of the Our River Masterplan

3.     Council write to relevant State Members and the Minister thanking them for their funding support towards delivering positive opportunities in planning public spaces for our community

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

 

 

10      Multi-Sport Community Facility Fund - Grant Acceptance                  

204  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain

That:

1.     The information contained in the report on Multi-Sport Community Facility Fund - Grant Acceptance be received.

2.     Council endorse acceptance of the grant awards for Gipps Street ($5m) and The Kingsway ($1.425m)

3.     Provisional stage 2 rates from Glascott Landscape and Civil Pty Ltd for Multi-Sport Community Facility Fund - Grant Acceptance, for an amount up to $5,000,000 (excluding GST) inclusive of rise and fall allowance be accepted.

4.     Letter of appreciation be issued to the NSW Government.

 

 

11      RFT21/22-09 Woodriff Gardens Tennis                                                   

205  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain

That:

1.     The information contained in the report on RFT21/22-09 Woodriff Gardens Tennis be received.

2.     Alpall Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the RFT21/22-09 Woodriff Gardens Tennis for an amount of $2,282,000.00 excluding GST.

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

 

12      RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works

206  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain

That:

1.     The information contained in the report on RFT22/23-01 Surveyors Creek Footpath and Associated Civil Works be received

2.     The tender from Axial Construction Pty Ltd provided for the amount of $214,929.61 (excluding GST) be accepted for construction of a new footpath and drainage works at Surveyors Creek Softball Facility, Glenmore Park

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

 

13      RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender                                                                       

207  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor John Thain

That:

1.     The information contained in the report on RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction Tender be received.

2.     The total project budget be increased by $4.61m. This additional budget is to be funded from the Financial Management Reserve.

3.     The tender from Regal Innovations Pty Ltd, for the amount of $11,712,778.00 (excluding GST) be accepted for RFT22/23-07 City Park Landscape Construction and Allen Place Lane Construction.

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

 

 

Outcome 5 - We have open and collaborative leadership

 

14      Local Government NSW Annual Conference 2022                               

208  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Glenn Gardiner

That:

1.     The information contained in the report on Local Government NSW Annual Conference 2022 be received

2.     Council nominate nine (9) Councillors as its voting delegates for motions to attend the 2022 LGNSW Conference being held at The Crowne Plaza Hunter Valley, from 23-25 October 2022.

3.     Council consider the nomination of observers to attend the 2022 LGNSW Annual Conference.

4.     Leave of absence be granted as appropriate for those Councillors attending the conference.

5.     Council motions as outlined in the report be endorsed and forwarded to LGNSW.

6.     A further report be brought back to the Council with any identified additional motions (if required).

 


 

 

15      Summary of Investment & Banking for the period 1 June 2022 to 30 June 2022                                                                                                   

209  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa

That:

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

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

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

 

 

URGENT BUSINESS

 

 

UB 1           Prue Car MP     

Councillor Todd Carney requested that Council write to Prue Car MP wishing her a speedy recovery.

 

210  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Karen McKeown OAM that the matter be brought forward and dealt with as a matter of urgency. 

 

Her Worship the Mayor, Councillor Tricia Hitchen, ruled that the matter was urgent and should be dealt with at the meeting.

 

211  RESOLVED on the MOTION of Councillor Todd Carney seconded Councillor Karen McKeown OAM that Council write to Prue Car MP wishing her a speedy recovery.

 

The Mayor vacated the Chair and the Deputy Mayor took the Chair, the time being 7:53pm.

 

UB 2           Briefing from Water NSW  

Councillor Tricia Hitchen requested that Council seek a briefing from Water NSW concerning future plans for Warragamba Dam and that information also be requested regarded future plans for flood evacuations.

212  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that the matter be brought forward and dealt with as a matter of urgency. 

 

Her Worship the Mayor, Councillor Tricia Hitchen, ruled that the matter was urgent and should be dealt with at the meeting.

 

213  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Robin Cook that Council seek a briefing from Water NSW concerning future plans for Warragamba Dam and that information also be requested regarded future plans for flood evacuations.

 

The Deputy Mayor then vacated the Chair and the Mayor retook the Chair, the time being 7:54pm.

 

UB 3           61-79 Henry Street, Penrith

Councillor Bernard Bratusa requested that an urgent memo be provided to all Councillors regarding the development at 61-79 Henry Street, Penrith.

214  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that the matter be brought forward and dealt with as a matter of urgency. 

 

Her Worship the Mayor, Councillor Tricia Hitchen, ruled that the matter was urgent and should be dealt with at the meeting.

 

215  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney that an urgent memo be provided to all Councillors regarding the development at 61-79 Henry Street, Penrith.

 

 

Committee of the Whole

 

216 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Glenn Gardiner that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 7:56pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jim Aitken OAM seconded Councillor Glenn Gardiner that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 5

 

2        Council Property - Variation of Lease - The Salvation Army - Suite 2, 54 Henry St, Penrith                                                                                                                                

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        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 7:58pm and the Mayor reported that the Committee of the Whole met at 7:56pm on 25 July 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,  , 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        Council Property - Variation of Lease - The Salvation Army - Suite 2, 54 Henry St, Penrith                                                                                                                                

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

CW2 That:

1.     The information contained in the report on Council Property - Variation of Lease - The Salvation Army - Suite 2, 54 Henry St, Penrith be received

2.     Council approve the proposed variation of lease for an additional 45sqm.

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.

 

3        Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment                                                                                                                   

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

CW3 That:

1.     The information contained in the report on Unsolicited Proposal to Purchase Lang and Kokoda Park - Detailed Proposal Reassessment be received

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

 

 

ADOPTION OF Committee of the Whole

 

217 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor  Robin Cook 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 8:00pm.

 

 

I certify that these 12 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 25 July 2022.

 

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date