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 26 SEPTEMBER 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 Adam Beggs, Governance Coordinator.  

PRESENT

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor John Thain, and Councillors Bernard Bratusa, Todd Carney, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, Karen McKeown OAM,  Jonathan Pullen, Mark Rusev and Marlene Shipley.

  

APOLOGIES

245  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Marlene Shipley that the apologies received from Councillor Glenn Gardiner and Councillor Jim Aitken OAM be accepted.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 22 August 2022

246  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Rusev that the minutes of the Ordinary Meeting of 22 August 2022 be confirmed.

  

DECLARATIONS OF INTEREST

Councillor Ross Fowler OAM declared a Pecuniary Conflict of Interest – Significant in Item 5 - Voluntary Planning Agreement for 57 Henry Street, Penrith and Item 8 - Letter of Offer - 61-79 Henry Street Penrith, as he is a Director of the owner of the adjoining property. Councillor Ross Fowler OAM left the meeting during the consideration of these items and did not take part in discussion or voting on the issues.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Interest – Less than Significant in Item 7 – Endorsement of the Rural Lands Strategy and in Question on Notice – Grading of Rural Gutters as he is a resident in the rural area of Llandilo.

 

Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 1 - CBD Revitalisation Program - Round 2 Grant Update        and Item 2 - Request for Major Event Sponsorship - Penrith CBD Corporation Limited, as he is on the Board of the Penrith CBD Corporation as Council’s representative. Councillor Mark Rusev stated that he will remain in the meeting during consideration of this item, but will not take part in discussion or voting on the issue.

 

Her Worship the Mayor, Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 8 – Letter of Offer – 61-79 Henry Street, Penrith, as her son is a client of the company. Her Worship the Mayor, Councillor Tricia Hitchen remained in the meeting during consideration of this item.

 

SUSPENSION OF STANDING ORDERS

247  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:06pm.

 

Mr Christopher Brophy

 

Item 7 – Endorsement of Rural Lands Strategy

 

Mr Christopher Brophy, affected person and spokesperson of the Luddenham Collective spoke in opposition to the recommendation. Mr Brophy proposed that Council consider designating the 1.046 acre Luddenham rural land site as an Urban Investigation Area. He also outlined Council’s findings in relation to the Rural Lands Strategy. Mr Brophy then discussed the Western Sydney Aerotropolis Structure Plan.

 

Mr Matthew Borazio

 

Item 7 – Endorsement of Rural Lands Strategy

 

Mr Matthew Borazio, affected person spoke in opposition to the recommendation. Mr Borazio raised concerns regarding the lack of community awareness and consultation in regard to the endorsement of the Rural Lands Strategy. Mr Borazio expressed his objections towards the Rural Lands Strategy and proposed that Council remove the plans to impose a rural edge in the Mulgoa Plains area and consider alternative options.

 

Mr Nicholas Wilson

 

Item 7 – Endorsement of Rural Lands Strategy

 

Mr Nicholas Wilson, affected person spoke in opposition to the recommendation. Mr Wilson raised concerns regarding the lack of access to information relating to the Rural Lands Strategy for elderly residents. He also highlighted the minimal community engagement and awareness of the Rural Lands Study. Mr Wilson additionally emphasised the importance of gaining an understanding of rural residents and the general population of Penrith.

 


 

Mr Barrie Nesbitt

 

Item 7 – Endorsement of Rural Lands Strategy

 

Mr Barrie Nesbitt, affected person spoke in opposition to the recommendation. Mr Nesbitt initially raised concerns regarding the lack of community consultation and feedback. Mr Nesbitt expressed that a majority of residents do not support additional securing of the rural edge in the Mulgoa plains area.

 

Councillor Kevin Crameri OAM left the meeting, the time being 7:33pm.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:35pm.

 

RESUMPTION OF STANDING ORDERS

248  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev that Standing Orders be resumed, the time being 7:37pm.

 

  

Mayoral Minutes

 

1        The Passing of Queen Elizabeth II                                                            

249  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on The Passing of Queen Elizabeth II be received.

 

2        Mr Leigh Hartog Honoured Citizen of the City of Penrith                      

250  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Mr Leigh Hartog Honoured Citizen of the City of Penrith be received.

 

3        Mr John Bateman OAM Honoured Citizen of the City of Penrith          

251  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Mr John Bateman OAM Honoured Citizen of the City of Penrith be received.

 

4        Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success                                                                  

252  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Todd Carney that the Mayoral Minute on Local Celebration Awards night and Council's 150 year anniversary event - a tremendous success be received.

 

5        Farewell to Council's General Manager, Warwick Winn                        

253  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Farewell to Council's General Manager, Warwick Winn be received.

 

6        Go the Mighty Panthers!                                                                            

254  RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the Mayoral Minute on Go the Mighty Panthers be received.

 

Notices of Motion

 

1        Removal of Culvert                                                                                     

A MOTION was moved by Councillor Kevin Crameri OAM seconded Councillor Sue Day that Council urgently remove the culvert on the bottom of Fifth Avenue because it is dramatically under size and is creating a dam which raises the water level more than a metre and half before it then crosses the road causing the homes on Sixth and Seventh to flood.

 

255 An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Bernard Bratusa that consideration of this matter be deferred until a report comes back to Council concerning the culvert.

On being PUT to the meeting, the AMENDMENT was CARRIED and on becoming the MOTION, was also CARRIED.

 

 

Questions on Notice

 

1        Grading of Rural Gutters                                                                           

Councillor Kevin Crameri OAM ASKED:

 

Could we have a report to council on how far we have gotten with the grading of all rural gutters on a three-year rotation?

 

Note: A memo was circulated to all Councillors providing an update on this matter.

 

 

Reports of Committees

 

1        Report and Recommendations of the Resilience Committee Meeting held on 31 August 2022                                                                              

256 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that the recommendations contained in the Report and Recommendations of the Resilience Committee meeting held on 31 August, 2022 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 September 2022                                                          

257 RESOLVED on the MOTION of Councillor Karen McKeown OAM seconded Councillor Robin Cook that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 September, 2022 be adopted.

 


 

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 12 September 2022                                                        

258  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Todd Carney that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 12 September, 2022 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

259  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Bernard Bratusa that Item 7 – Endorsement of Rural Lands Strategy, Item 17 – 2021-22 Draft Financial Statements and Item 15 – Election of Deputy Mayor now be brought forward for consideration.

 

Outcome 3 - We plan and shape our growing City

 

7        Endorsement of Rural Lands Strategy                                                     

260  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Ross Fowler OAM

That:

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

2.     Council note the feedback received as part of the exhibition of the draft Rural Lands Strategy provided under separate enclosure

3.     Council endorse the amended Rural Lands Strategy and finalise the three supporting technical studies provided under separate enclosure

 

 

Outcome 5 - We have open and collaborative leadership

 

17      2021-22 Draft Financial Statements                                                          

261  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on 2021-22 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 2022 and the operating result for the year then ended.

c.   The statements are in accordance 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.     A further report be provided to the ARIC, and subject to endorsement from the ARIC,

6.     The Financial Statements, be placed on public exhibition.

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

 

15      Election of Deputy Mayor                                                                          

RECOMMENDATION

That:

1.     The information contained in the report on Election of Deputy Mayor be received

2.     Council consider the Election of a Deputy Mayor.

3.     In the event of more than one Councillor being nominated, Council determine the method of election to be open voting for the Office of Deputy Mayor.

4.     In accordance with Section 231 (2) of the Local Government Act 1993, the term of Office of the Deputy Mayor be until September 2023 or the date of the next Mayoral election in the event of any postponements.

 

The Returning Officer, General Manager, Warwick Winn indicated that he had received two (2) nominations for the position of Deputy Mayor and asked whether there were any other nominations. No other nominations were forthcoming.

 

The Returning Officer stated that the following nominations were in order:

 

Councillor Todd Carney

Councillor Kevin Crameri OAM

 

The Returning Officer then asked for voting by way of a show of hands, with the following result:

 

Councillor Todd Carney – 10 votes

Councillor Kevin Crameri OAM – 3 votes

 

The Returning Officer declared Councillor Todd Carney duly elected as Deputy Mayor for the 2022/2023 Term.

 

 

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

 

1        CBD Revitalisation Program - Round 2 Grant Update                           

262  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Marlene Shipley

That:

1.     The information contained in the report on CBD Revitalisation Program - Round 2 Grant Update be received

2.     Council write to Investment NSW, formally withdrawing Council’s application for the CBD Revitalisation Program – Round 2 grant.

 

 

2        Request for Major Event Sponsorship - Penrith CBD Corporation Limited                                                                                                         

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

That:

1.     The information contained in the report on Request for Major Event Sponsorship - Penrith CBD Corporation Limited be received

2.     Council endorse sponsorship funding of $10,000 (plus GST) to Penrith CBD Corporation Limited in support of the 2022 Penrith Community Christmas Tree Lighting Event

 

 

Councillor John Thain left the meeting, the time being 8:41pm.


 

 

Outcome 3 - We plan and shape our growing City

 

3        Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010                                                   

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

264  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Rusev

That:

1.     The information contained in the report on Employment Zones Reform - Endorsement of final translation of Penrith Local Environmental Plan 2010 be received

2.     Council endorses the preliminary translation of Penrith Local Environmental Plan 2010 as the final translation as provided in Attachment 1, in addition to the amendment outlined in this report permitting a restaurant or café for existing land zoned B6 Enterprise Corridor via an amendment to Schedule 1 – Additional Permitted Uses

3.     The translation of Penrith Local Environmental Plan 2010, as amended, be submitted to the Department of Planning and Environment for finalisation and gazettal

 

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 Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Jonathan Pullen

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

Councillor John Thain returned to the meeting, the time being 8:44pm.


 

 

4        Planning Proposal to amend Penrith Local Environmental Plan 2010 - 170 Russell Street, Emu Plains                                                               

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

265  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Todd Carney that the matter be deferred to the next Council meeting and taken to a Councillor Briefing to explain the conclusion that the Council Officers have come to, which is contrary to the Planning Panel’s recommendation.

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 John Thain

Councillor Robin Cook

Councillor Mark Davies

Councillor Todd Carney

Councillor Jonathan Pullen

Councillor Kevin Crameri OAM

 

Councillor Sue Day

 

Councillor Marlene Shipley

 

Councillor Ross Fowler OAM

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Tricia Hitchen

 

 

Councillor Ross Fowler OAM left the meeting, the time being 8:44pm.

 

5        Voluntary Planning Agreement for 57 Henry Street, Penrith                

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

266  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Robin Cook

That:

1.     The information contained in the report on Voluntary Planning Agreement for 57 Henry Street, Penrith be received.

2.     Council endorse for notification, the draft Voluntary Planning Agreement for 57 Henry Street Penrith, provided as an attachment to this report.

3.     A further report be prepared for Council following the notification of the draft VPA, if submissions are received and amendments to the draft VPA are proposed.

4.     A further report be prepared for Council following the notification of the draft VPA, if the Heritage Advisory Committee raise significant comments for consideration.

5.     Council endorses the Voluntary Planning Agreement for 57 Henry Street Penrith for execution, where no submissions are received during the notification and no amendments are proposed.

6.     If the Voluntary Planning Agreement is to be executed, Council authorise the General Manager to finalise and sign the Voluntary Planning Agreement and make any minor amendments where necessary to ensure its legality (e.g. typographic errors, dates, etc.).

7.     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:

For

Against

 

Councillor Karen McKeown OAM

Councillor Kevin Crameri OAM

Councillor Robin Cook

Councillor Sue Day

Councillor Todd Carney

 

Councillor John Thain

 

Councillor Jonathan Pullen

 

Councillor Marlene Shipley

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

8        Letter of Offer - 61-79 Henry Street Penrith                                             

267  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Todd Carney

That:

1.     The information contained in the report on Letter of Offer - 61-79 Henry Street Penrith be received.

2.     Council endorse for public exhibition the Letter of Offer for 61-79 Henry Street Penrith, provided in Appendix 1 of this report, in conjunction with the Planning Proposal for the subject site.

3.     Following exhibition of the Letter of Offer, a draft VPA be prepared and reported to Council for endorsement for public notification.

4.     The Planning Proposal for the subject site is not made until a draft VPA is executed in accordance with the terms of the Letter of Offer provided in Appendix 1.

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:47pm.

 

Councillor Jonathan Pullen left the meeting, the time being 8:48pm and did not return.


 

 

6        Voluntary Planning Agreement 657-769 Mamre Road Kemps Creek   

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

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

That:

1.     The information contained in the report on Voluntary Planning Agreement 657-769 Mamre Road Kemps Creek be received

2.     Council endorse the draft Voluntary Planning Agreement for 657-769 Mamre Road Kemps Creek

3.     The General Manager execute the draft Voluntary Planning Agreement for 657-769 Mamre Road Kemps Creek.

 

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 Glenn Gardiner

 

Councillor Bernard Bratusa

 

Councillor Mark Rusev

 

Councillor Mark Davies

 

Councillor Tricia Hitchen

 

 

9        Heritage Advisory Committee - Community Representatives              

269  RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain

That:

1.     The information contained in the report on Heritage Advisory Committee - Community Representatives be received.

2.     The nominated Community Representatives as described in the report and listed in the Attachment be appointed to Council’s Heritage Advisory Committee for a term of four (4) years.

 


 

 

Outcome 4 - We manage and improve our built environment

 

10      Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032  

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

That:

1.     The information contained in the report on Seek Endorsement for Public Exhibition of the Draft Penrith Accessible Trails Hierarchy Study Implementation Plan 2022 - 2032 be received.

2.     Council endorse the draft PATHS Implementation Plan 2022 - 2032, to be publicly exhibited for broader consultation.

3.     At the conclusion of the exhibition and consultation process, a further report be presented to Council.

 

11      Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23 

271  RESOLVED on the MOTION of Councillor Robin Cook seconded Councillor Sue Day

That:

1.     The information contained in the report on Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 Nominations and Funding Acceptance for 2022/23 be received.

2.     Council note the nine (9) projects listed in Table 1 of this report for funding application to TfNSW under the Australian Government Black Spot Program and NSW Safer Roads Program 2023/24 to the value of $2,750,000.

3.     Council acknowledge acceptance of grant funding of $1,515,000 offered for the Black Spot and Safer Roads Projects shown in Table 2 for the 2022/23 financial year.

4.     Council write to the Local State Members thanking them for their ongoing support and continued funding of road safety initiatives

 

12      Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade                                                                                    

272  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

That:

1.     The information contained in the report on Adoption of Transport for NSW Panel Contract of Architectural Acoustic Treatment for At Home Noise Treatment works - Erskine Park Road Upgrade be received

2.     Upon the completion of procurement process, award of works be reported to Council’s Ordinary Meeting of 31 October 2022.

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

 

13      RFT 22/23-04 Boronia Park Upgrade                                                        

273  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

That:

1.     The information contained in the report on RFT 22/23-04 Boronia Park Upgrade be received

2.     Coverit Building Group Pty Ltd be awarded the Contract subject to the execution of a formal agreement for the refurbishment works to Boronia Park Upgrade for the amount of $1,282,349.16 excluding GST

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

 

14      RFT22/23-12 Ched Towns Landscaping                                                  

274  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day

That:

1.     The information contained in the report on RFT22/23-12 Ched Towns Landscaping be received

2.     The proposal and lump sum price from Asplundh Tree Expert (Australia) Pty Ltd t/a Summit Open Space Services for the amount of $314,181.23 (excluding GST) be accepted for the Ched Towns Landscaping.

3.     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

 

16      Review of Delegations                                                                                

275  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Sue Day

That:

1.     The information contained in the report on Review of Delegations be received

2.     Council, in accordance with Section 377 of the Local Government Act 1993, approve the delegation of its functions and responsibilities under the Act and other Acts to the General Manager as listed in “Schedule 1 – Proposed Delegations of Authority to the General Manager” that is appended to this report.

3.     Council, in accordance with Section 377 of the Local government Act 1993, delegate authority to Council’s committees, as shown in ”Schedule 2 – Delegations of Authority to Committees” that is appended to this report.

4.     Council, in accordance with Section 377 of the Local Government Act 1993, delegate authority to the entities as listed in “Schedule 3 – Delegations of Authority to Other Entities” that is appended to this report.

5.     Council’s Seal of Authority when required be placed on the Certificate of Identification for Officers with delegated authority under the Swimming Pools Act 1992.

 

18      2022-23 Financial Assistance Grant                                                         

276  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on 2022-23 Financial Assistance Grant be received.

2.     The Budget be adjusted to reflect the revised Financial Assistance Grant as part of the September 2022 Quarterly Review.

 

19      Transfer of Land Titles - Regatta Park                                                     

277  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Transfer of Land Titles - Regatta Park be received

2.     Council note the boundary adjustments required by the NSW Government Proclamation 1963 and accepts the transfer of the following lands to Penrith City Council:

§ Lot 5 in DP 342116

§ Lots 1 & 2 in DP 1117991

§ Lot 16 in DP 1117951

§ Lots 7, 8, 10, 11 12, 13, 14, 15, 124, 125, 126 in DP 751662

§ Lot 57 in DP 204976

§ Lot B in DP 435464

 

3.     Council retain the classification of the land as “Community” in accordance with s31 of the Local Government Act.

 

4.     The Common Seal of the Council or 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.

 

20      RFT 20/21-24 Bus Shelter Advertising                                                     

278  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on RFT 20/21-24 Bus Shelter Advertising be received

2.     Council enter into a Licence Agreement with Claude Outdoor for Bus Shelter Advertising, Bus Shelter Supply and Maintenance for a period of 10 years.

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

 

21      Summary of Investment & Banking for the period 1 August 2022 to 31 August 2022                                                                                            

279  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM

That:

1.     The information contained in the report on Summary of Investment & Banking for the period 1 August 2022 to 31 August 2022 be received.

2.     The certificate of the Responsible Accounting Officer and Summary of Investments and Performance for the period 1 August 2022 to 31 August 2022 be noted and accepted.

3.     The graphical Investment Analysis as at 31 August 2022 be noted.

 

 

URGENT BUSINESS

 

UB 1           NSW Rural Fire Service Women's Forum    

Councillor Marlene Shipley requested that an amount of $3,400 be allocated in equal amounts from each Ward’s voted works to cover 50% of the cost of the NSW Rural Fire Service Cumberland and Macarthur District’s Women’s Forum to be held at Penrith Panthers on Saturday, 8 October 2022.

280  RESOLVED on the MOTION of Councillor Marlene Shipley 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.

 

281  RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Karen McKeown OAM that an amount of $3,400 be allocated in equal amounts from each Ward’s voted works to cover 50% of the cost of the NSW Rural Fire Service Cumberland and Macarthur District’s Women’s Forum to be held at Penrith Panthers on Saturday, 8 October 2022.

 

UB 2           Request for Leave of Absence   

Councillor Mark Davies requested Leave of Absence.

282  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley 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.

 

 

283  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Marlene Shipley that leave of absence be granted to Councillor Mark Davies for the period provided.

 

 

Committee of the Whole

 

284 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robin Cook that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:52pm.

 

1        Presence of the Public

 

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

 

 

Outcome 5

 

2        General Manager Recruitment                                                                                         

 

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

The meeting resumed at 9:47pm and the Mayor reported that the Committee of the Whole met at 8:52pm on 26 September 2022, the following being present

 

Her Worship the Mayor, Councillor Tricia Hitchen, Deputy Mayor Councillor Todd Carney, and Councillors Bernard Bratusa, John Thain, Robin Cook, Kevin Crameri OAM, Mark Davies, Sue Day, Ross Fowler OAM, 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        General Manager Recruitment                                                                                         

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

CW2 That:

1.     The information contained in the report on General Manager Recruitment be received.

2.     The Mayor, Tricia Hitchen, Deputy Mayor, Todd Carney and Councillors Mark Davies, Ross Fowler OAM and John Thain be appointed to the Selection Panel in accordance with the 23A Guidelines for the Appointment and Oversight of General Managers.

3.     A report be brought back to the next Ordinary Council meeting detailing options for a suitably qualified independent female member to be included on the Selection Panel.

4.     A further report be brought back to the next Council meeting on the General Manager recruitment process specifically detailing further options for the engagement of a consultant.

5.     Council delegate authority to the Mayor to be able to negotiate a fixed term contract with the person identified in Committee of the Whole, to be the Acting General Manager until such time as Council appoints a permanent General Manager.

6.     In the event the person identified in Committee of the Whole cannot be engaged prior to the current General Manager leaving, the Chief Governance Officer, Stephen Britten be appointed as the Acting General Manager until such time as the engagement outlined in resolution 5 is finalised.

 

 

ADOPTION OF Committee of the Whole

 

285  RESOLVED on the MOTION of Councillor John Thain 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 9:47pm.

 

 

 

 

I certify that these 17 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 26 September 2022.

 

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date