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 JANUARY 2023 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
WEBCASTING STATEMENT
The Deputy Mayor, Councillor Todd Carney read a statement
advising that Council Meetings are recorded and webcast.
STATEMENT OF RECOGNITION
The Deputy Mayor, Councillor Todd Carney read a statement of
recognition of Penrith City’s Aboriginal and Torres Strait Islander
Cultural Heritage.
PRAYER
The Council Prayer was
read by Rev Christine Bayliss-Kelly.
PRESENT – IN PERSON
Deputy Mayor, Councillor Todd Carney and Councillors Bernard
Bratusa, Mark Davies, Sue Day, Ross Fowler OAM, Marlene Shipley, Karen McKeown
OAM and Kevin Crameri OAM.
PRESENT – ATTENDED REMOTELY
Her Worship the Mayor, Councillor Tricia Hitchen and
Councillors Robin Cook, Mark Rusev and Glenn Gardiner.
LEAVE OF ABSENCE
1 RESOLVED on the MOTION of Councillor Bernard Bratusa
seconded Councillor Ross Fowler OAM that Leave of Absence be granted to
Councillor John Thain for his non-attendance at the meeting.
2 RESOLVED on the MOTION of Councillor Bernard Bratusa
seconded Councillor Ross Fowler OAM that Leave of Absence be granted to
Councillor Jim Aitken OAM for Ordinary Meetings and Policy Review Committee
Meetings up to and including 17 April 2023.
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APOLOGIES
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3 RESOLVED on
the MOTION of Councillor Kevin Crameri OAM seconded Councillor Marlene
Shipley that the apology received from Councillor Jonathan Pullen be
received.
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CONFIRMATION
OF MINUTES - Ordinary Meeting - 12 December 2022
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4 RESOLVED on
the MOTION of Councillor Mark Davies seconded Councillor Kevin Crameri OAM that
the minutes of the Ordinary Meeting of 12 December 2022 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Bernard Bratusa declared a Non-Pecuniary Conflict
of Interest – Less than Significant in Item 3 - Request For Major
Event Sponsorship - 2023 Redline Games Western Sydney, as he is a former
employee of the Minister for Sport. Councillor Bernard Bratusa stated that he
would remain in the meeting for consideration of this item, but not participate
in the debate or voting on the matter.
Mayoral Minutes
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1 The
passing of local artist Susan Oxenham
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5 RESOLVED on the MOTION of Councillor
Todd Carney seconded Councillor Tricia Hitchen that the Mayoral Minute
on the passing of local artist Susan Oxenham be received.
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Notices of Motion
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1 Staffing
Levels
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6 RESOLVED
on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Sue Day that
a report go to Council regarding the staffing levels and resourcing of the
Environmental Health and Compliance Department.
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Questions on Notice
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1 Property
Register
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Councillor Kevin Crameri OAM ASKED:
Many years ago there use to be a property register at the
counter that people could look at to see who owned a property. Is this still
available, if not what has changed and when?
Note from Officers:
Council has previously provided members of the public with
information about properties through a Rates Book which could be viewed at
the front counter. This information at times included property owner details.
Council staff are unable to confirm the exact date these books stopped being
available, but it was sometime in the mid to late 90s when the introduction
of electronic registers became available, and hard copy registers were
replaced. Further to this, in 1998 the Privacy and Personal Information
Protection Act 1998 was introduced which made much of the information
previously freely available restricted.
The current process for getting information about a
neighbouring property involves completing an informal GIPA application, which
allows officers to verify the particulars of what is being asked and
releasing information in accordance with the provisions of the GIPA Act.
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DELIVERY PROGRAM
REPORTS
Outcome
1 - We protect and enhance an ecologically sustainable environment
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1 Cranebrook
Catchment Overland Flow Flood Study
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7 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Cranebrook Catchment Overland Flow
Flood Study be received.
2. The draft
for public exhibition of the Cranebrook Catchment Overland Flow Flood Study
(October 2022) be endorsed for public exhibition for a period of 4 weeks
commencing in March/April 2023.
3. A further
report to be presented to Council on the results of the public exhibition
addressing any submissions received during the exhibition period.
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2 Acceptance
of Grant Funding - Greening Our City Program
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8 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Acceptance of Grant Funding - Greening
Our City Program be received.
2. Council
accepts the $614,000 (ex GST) grant funding from the NSW Department of
Planning and Environment to deliver the project.
3. The
General Manager (or their delegate) be authorised to sign all documentation
as necessary.
4. A letter
of thanks be sent to the Minister for Planning.
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Outcome
2 - We are welcoming, healthy, happy and connected
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3 Request
For Major Event Sponsorship - 2023 Redline Games Western Sydney
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9 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Karen McKeown OAM
That:
1. The
information contained in the report on Request For Major Event Sponsorship -
2023 Redline Games Western Sydney be received
2. Council
provide sponsorship of $10,000 (plus GST) in support of the 2023 Redline
Games Western Sydney, consisting of $7,500 (plus GST) to Elite Energy Pty Ltd
and $2,500 (plus GST) to Sports Marketing Australia Pty Ltd.
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Outcome
3 - We plan and shape our growing City
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4 Reporting
on Determined Clause 4.6 Variations to Development Standards
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10 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM that the
information contained in the report on Reporting on Determined Clause 4.6
Variations to Development Standards be received.
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5 Submission
on Explanation of Intended Effect - Amendments to State Environmental
Planning Policy (Housing) 2021
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11 RESOLVED on the MOTION of
Councillor Tricia Hitchen seconded Councillor Ross Fowler OAM
That:
1. The
information contained in the report on Submission on Explanation of Intended
Effect - Amendments to State Environmental Planning Policy (Housing)
2021 be received
2. Council
endorse the submission on the Explanation of Intended Effect, provided at
Appendix 1 to this report, and submit it to the DPE for their consideration.
3. Any
feedback from the Council’s Access Committee on the proposed amendments
be forwarded to the DPE as an addendum to the submission.
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Outcome
4 - We manage and improve our built environment
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6 Completion
of Playspaces Shade Project
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12 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Karen McKeown OAM that the
information contained in the report on Completion of Playspaces Shade Project
be received.
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7 Multi-Sport
Community Facility Fund - Grant Acceptance
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13 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM
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 award for Monfarville Reserve ($2.143m).
3. The
General Manager (or their delegate) be authorised to sign all necessary legal
documents in relation to this matter.
4. A letter
of appreciation be issued to both the NSW Government and Local Members.
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8 Acceptance
of grant funding - Western Sydney Infrastructure Plan, Local Roads Package,
Round 4
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14 RESOLVED on the MOTION of
Councillor Bernard Bratusa seconded Councillor Karen McKeown OAM
That:
1. The
information contained in the report on Acceptance of grant funding - Western
Sydney Infrastructure Plan, Local Roads Package, Round 4 be received
2. The
General Manager (or their delegate) be authorised to sign all necessary legal
documents in relation to this matter.
3. Council
write to the Minister for Infrastructure, Transport, Regional Development,
Communications and the Arts, and Local Members expressing appreciation for
their support and funding.
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9 Penrith
Whitewater Stadium - Lease Agreement
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15 RESOLVED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM
That:
1. The
information contained in the report on Penrith Whitewater Stadium - Lease
Agreement be received.
2. The lease
be executed in accordance with the information provided in this report.
a) The lease is not
executed until a licence agreement for use of the warm-up lake is entered
into by Penrith Whitewater Stadium Ltd and Office of Sport.
b) Council enter into a
licence with Penrith Whitewater Stadium Ltd to reflect the terms of the lease
between Council and the Office of Strategic Lands.
3. The Common
Seal of the Council of the City of Penrith be affixed to all necessary
documentation.
4. An urgent
briefing come back to Council in relation to the ongoing operations of
Penrith Whitewater Stadium Ltd post 30 June 2023.
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Outcome
5 - We have open and collaborative leadership
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10 Local
Government Remuneration Tribunal - Annual Determination 2023
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16 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Mark Davies
That:
1. The
information contained in the report on Local Government Remuneration Tribunal
- Annual Determination 2023 be received
2. Council
endorse the attached ‘Penrith City Council Submission to the Local Government
Remuneration Tribunal – 2023’.
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11 Summary
of Investment & Banking for the period 1 December 2022 to 31 December
2022
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17 RESOLVED on the MOTION of
Councillor Kevin Crameri OAM seconded Councillor Mark Davies
That:
1. The
information contained in the report on Summary of Investment & Banking
for the period 1 December 2022 to 31 December 2022 be received.
2. The
certificate of the Responsible Accounting Officer and Summary of Investments
and Performance for the period 1 December 2022 to 31 December 2022 be noted
and accepted.
3. The
graphical Investment Analysis as at 31 December 2022 be noted.
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URGENT BUSINESS
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UB 1 Zonta
Club of Nepean Valley - Support for 30th Year Celebration
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Councillor
Karen McKeown OAM requested that an amount of $1,000 be allocated equally
from each Ward’s voted works to the Zonta Club of Nepean Valley Inc to
provide financial support for their 30th year celebration.
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18 RESOLVED on the
MOTION of Councillor Karen McKeown OAM seconded Councillor Mark Davies that
the matter be brought forward and dealt with as a matter of urgency.
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The Deputy Mayor, Councillor
Todd Carney, ruled that the matter was urgent and should be dealt with at the
meeting.
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19 RESOLVED on the MOTION of
Councillor Karen McKeown OAM seconded Councillor Mark Davies that an amount
of $1,000 be allocated equally from each Ward’s voted works to the
Zonta Club of Nepean Valley Inc to provide financial support for their 30th
year celebration.
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Committee of the
Whole
20 RESOLVED on the MOTION of Councillor Kevin Crameri OAM
seconded Councillor Bernard Bratusa that the meeting adjourn to the Committee
of the Whole to deal with the following matters, the time being 7:51pm.
1 Presence of
the Public
CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM
seconded Councillor Bernard Bratusa that the press and public be excluded from
Committee of the Whole to deal with the following matters:
Outcome 5
2 Road
Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 607528 known as
2257-2265 Castlereagh Road, 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 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 7:53pm and the General Manager reported that
the Committee of the Whole met at 7:51pm on Monday, 30 January 2023, the
following being present
Her Worship the Mayor, Councillor
Tricia Hitchen, Deputy Mayor Councillor Todd Carney and Councillors Bernard
Bratusa, 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
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2 Road
Lease Agreement - Unused Road Reserve adjacent Lot 10 DP 607528 known as
2257-2265 Castlereagh Road, Penrith
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RECOMMENDED on the MOTION of
Councillor Ross Fowler OAM seconded Councillor Mark Davies
CW2 That:
1. The
information contained in the report on Road Lease Agreement - Unused Road
Reserve adjacent Lot 10 DP 607528 known as 2257-2265 Castlereagh Road,
Penrith be received.
2. Public
notice of the proposed lease is given in accordance with s.154 of the Roads
Act 1993.
3. If any
objections are received in response to the public notice, a report be brought
back to Council for consideration of those submissions.
4. If no
objections are received in response to the public notice, Council approve the
proposed new road lease agreement under the terms and conditions listed
within the report.
5. 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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ADOPTION OF
Committee of the Whole
21 RESOLVED on the MOTION of Councillor Karen McKeown OAM
seconded Councillor Ross Fowler OAM 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 7:56pm.
I certify that these 8 pages
are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held
on 30 January 2023.
____________________
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Chairperson
Date