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 24 JUNE 2024 AT 7:00PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
WEBCASTING STATEMENT
His Worship the Mayor, Councillor Todd Carney read a statement advising that Council Meetings are recorded and webcast.
ACKNOWLEDGEMENT OF COUNTRY
His Worship the Mayor, Councillor Todd Carney read an Acknowledgement of Country.
PRAYER
The Council Prayer was read by Governance Manager, Adam Beggs.
PRESENT – IN PERSON
His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Glenn Gardiner, Tricia Hitchen, Karen McKeown OAM, Jonathan Pullen, Mark Rusev and Marlene Shipley.
PRESENT – ATTENDED REMOTELY
Councillor Tricia Hitchen.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor John Thain for the period 5 June 2024 to 5 July 2024 inclusive.
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147 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 27 May 2024 be confirmed. |
DECLARATIONS OF INTEREST
Councillor McKeown OAM declared a Pecuniary Interest in Notions of Motion Item 1 - Penrith CBD Shuttle Bus, Item 5 - Grant Acceptance - Transport for NSW Permit/Plug/Play Program, Item 7 - Results of the Public Exhibition of amendments to Chapter E17 Orchard Hills North, and Chapter E7 Part B Glenmore Park Stage 2 and Part C Glenmore Park Stage 3 of Penrith DCP 2014, Item 10 -Submission- IPART draft reports for Orchard Hills North and Glenmore Park Stage 3 Development Contribution Plans, Item 19 - The Parks Governance Review, Committee of the Whole Item 2 - Property Investment Strategy, Committee of the Whole Item 3 - Council as Crown Land Manager - Lease Negotiations - 143 Station Street, Penrith and Committee of the Whole Item 7 - Grant Funding Offer - NSW Government Local Small Commitments Allocations as she is a current Member of Parliament for Penrith. Councillor Karen McKeown OAM stated that she would leave the meeting during consideration of these items and would not take part in voting or discussion on this issue.
Councillor Marlene Shipley declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - City Centre Corporations - 2024-2027 Strategic Plans and 2024-2025 Business Plans and Item 14 – Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges as she is on the St Marys Town Centre Board as Council’s Representative. Councillor Marlene Shipley stated she will not participate or vote on, both items.
Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 4 - City Centre Corporations - 2024-2027 Strategic Plans and 2024-2025 Business Plans and Item 14 – Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges as he is on the Penrith CBD Corporation Board as Council’s Representative. Councillor Mark Rusev stated he will not participate or vote on, both items
Councillor Mark Rusev declared a Non-Pecuniary Conflict of Interest – Less than Significant in Committee of the Whole Item 7 - Grant Funding Offer - NSW Government Local Small Commitments Allocations as he is employed as an electorate officer for Tanya Davies MP Member for Badgerys Creek. Councillor Mark Rusev stated he will not participate or vote on the item.
Councillor Mark Davies declared a Non-Pecuniary Conflict of Interest – Less than Significant in Committee of the Whole Item 7 - Grant Funding Offer - NSW Government Local Small Commitments Allocations as his wife is Tanya Davies MP Member for Badgerys Creek. Councillor Mark Davies stated he will not participate or vote on the item.
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 4 - City Centre Corporations - 2024-2027 Strategic Plans and 2024-2025 Business Plans as he is the Auditor of the Penrith CBD Corporation. Councillor Ross Fowler OAM stated that he would leave the meeting during consideration of this item and would not take part in voting or discussion on the issue.
Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 7:47pm.
Councillor Karen McKeown OAM returned to the meeting, the time being 7:51pm.
Outcome 2 - We are welcoming, healthy, happy and connected
Having previously declared an interest, Councillor Ross Fowler OAM left the meeting, the time being 7:57pm.
Councillor Ross Fowler OAM returned to the meeting, the time being 7:58pm.
Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 7:58pm.
Outcome 3 - We plan and shape our growing City
Councillor Karen McKeown OAM returned to the meeting, the time being 7:59pm.
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165 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on Submission on Draft National Urban Policy for Australia be received. 2. Council endorses the submission at Attachment 1 and forwards the submission to the Department of Infrastructure, Transport Regional Development, Communications and the Arts by 4 July 2024. |
Outcome 4 - We manage and improve our built environment
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167 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies That: 1. The information contained in the report on Gipps Street - Sportsground Allocation be received. 2. The northern fields consisting 2 full-size fields and one modified size field;
a. Be allocated to St Marys Convent Football Club from the 2025 winter season. b. Be allocated to the Nepean Football Association from the summer 2024-2025 summer season for its summer soccer competition (with capacity limited to ensure sustainability of the new surface).
3. The southern fields consisting of 2 full-sized fields;
a. Be allocated to Penrith Panthers District Junior Rugby League as the primary user group solely for the purpose of its women’s programs and competitions from the 2025 winter season. b. Be allocated to the Nepean Ducks Gridiron as the secondary user for game days and major events.
4. The 2 cricket fields and cricket practice area;
a. Be allocated to Nepean District Cricket Association for allocation and programming from the 2024-2025 summer season. b. Two lanes of the four-lane cricket practice facility will be allocated to Nepean District Cricket Association.
5. The 2 floodlit netball courts;
a. Be allocated to a club identified by Penrith District Netball Association. 6. The amenities building be provided as a joint use facility for the occupancy of the allocated sports user groups. |
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12 Gipps Street Recreation Precinct - Draft Plan of Management |
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168 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Mark Davies That: 1. The information contained in the report on Gipps Street Recreation Precinct Plan of Management. 2. Council endorse the public exhibition of the draft Plan of Management for the Gipps Street Recreation Precinct. |
Outcome 5 - We have open and collaborative leadership
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13 Proposed Drainage Easement over Council Land "Chapman Gardens" Second Avenue Kingswood |
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169 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Proposed Drainage Easement over Council Land "Chapman Gardens" Second Avenue Kingswood be received. 2. Council proceeds to publicly notify the proposed 2m wide drainage easement over Chapman Gardens, Second Avenue Kingswood. |
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170 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Debt Write Off Report be received. 2. The three accounts totalling $10,130.99 outlined above be written off as irrecoverable. |
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171 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on RFT23/24-40 - Provision of Legal Services Tender be received. 2. The three successful tenderers – Dentons Australia Limited, Sparke Helmore Lawyers (RM Hassall & AS White & Others) and HWL Ebsworth Lawyers (the Martinez HWL Practice Trust & the East HWL Practice Trust & the Warat HWL Practice Trust & the Marin HWL Practice Trust & Others) form a Panel of Approved Vendors for legal services. 3. The contract will be for a period of 3 years with the option by Council to extend for a further 2 x 1 year extensions at Council’s discretion and based on performance. 4. Variations and amendments that do not materially alter the original scope of the contract be managed under the existing Penrith City Council financial delegations within the approved budgets. 5. The General Manager or his delegate be authorised to sign all necessary legal documents in relation to this matter. |
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172 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Special Purpose Financial Statements Review be received. 2. Council accepts to undeclare the list of the two declared business activities (Property Development and Penrith Performing and Visual Arts) and retain one (Children’s services) for the financial year 2023-24 for fulfilling the requirements of the National Competition Policy. |
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18 Meeting
Procedures-Councillor Attendance at Public |
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173 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Meeting Procedures-Councillor Attendance at Public Meetings be received. 2. The draft amended Code of Meeting Practice be placed on public exhibition for 28 days and provide members of the community at least 42 days to comment, before being brought back to Council for adoption. 3. The General Manager be authorised to make any minor administrative changes prior to exhibition. |
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20 Summary of Investments & Banking for the period 1 May 2024 to 31 May 2024 |
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174 RESOLVED on the MOTION of Councillor Sue Day seconded Councillor Glenn Gardiner That: 1. The information contained in the report on Summary of Investments & Banking for the period 1 May 2024 to 31 May 2024 be received. 2. The Council’s Cash Book and Bank Statements have been reconciled as at 31 May 2024. |
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14 Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges |
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175 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa That: 1. The information contained in the report on Penrith City Council 2024-25 Operational Plan and 2024-25 Fees and Charges be received. 2. In accordance with the Local Government Act 1993 and Local Government (General) Regulation 2021, Council adopt the 2024-25 Operational Plan and 2024-25 Fees & Charges, incorporating proposed changes outlined in this report, and any amendments made at tonight’s meeting. 3. Council agree to underwrite the operations of Penrith Performing and Visual Arts Ltd until the presentation of its Annual Reports for 2024-25. 4. Council adopt the following to make the Rates, Charges and Pensioner Rebates for 2024-25: a. Ordinary Rate: Council make its Residential, Business and Farmland rates for 2024-25 in accordance with Section 535 of the Local Government Act 1993 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 2024-25 Operational Plan and 2024-25 Fees & Charges. d. Effluent Charges: Council make its annual charge for effluent removal services as outlined in the report and the 2024-25 Operational Plan and 2024-25 Fees & Charges. e. Pensioner Rebates: Council will provide a mandatory pension rebate to a maximum of $250 for eligible pensioners in accordance with Section 515 of the Local Government Act 1993. In addition to the mandatory pensioner rebate, Council will continue a voluntary rebate under Section 582 of the Local Government Act 1993. The voluntary rebate will be equivalent to the annual stormwater charge applicable to the property. Properties that do not receive a Stormwater Management Service Charge will not receive a voluntary rebate. Pro-rata calculations will be applied to rebates that start or cease within the financial year according to Sections 575 and 584 of the Local Government Act 1993. f. Service of Rate Notices: The General Manager be authorised to prepare and serve Rates and Charges Notices for and on behalf of Council. |
Having previously declared an interest, Councillor Karen McKeown OAM left the meeting, the time being 8:09pm.
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176 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev That: 1. The information contained in the report on The Parks Governance Review be received 2. Council notes that this updated governance model retains the autonomy of all member Councils and brings with it no or minimal additional financial costs on members. 3. That Council endorses: I. that the existing governance model for The Parks be updated to a Section 358 entity under the Local Government Act 1993 constituted as an Incorporated Association under the Associations Incorporation Act 2020 with primary responsibility for conducting research and gathering evidence to advocate effectively for the residents, businesses and visitors of the Western Parkland City and implement programs and initiatives that bring regional benefits.
II.the attached Constitution as the Constitution for this organisation, to be known as the ‘The Parks’ Councils Organisation. 4. Subject to Ministerial consent, authorises the Mayor and General Manager to work with the other councils’ Mayors and General Managers to establish the entity as per Section 358 of the Local Government Act and the OLG Guidelines for the Formation of Corporations and Entities (s358). 5. Council make representations to the Executive Director, The Parks requesting a review of the entity name to better reflect the grouping and objectives of member councils. |
178 RESOLVED on the MOTION of Councillor Jonathan Pullen seconded Marlene Shipley that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:10pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Jonathan Pullen seconded Councillor Marlene Shipley that the press and public be excluded from Committee of the Whole to deal with the following matters:
Outcome 5
2 Property Investment Strategy
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 Council as Crown Land Manager - Lease Negotiations - 143 Station Street, 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.
4 Council Property - New Lease - Suite 2, 54 Henry Street 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.
5 Council Property - New Sub Lease - Units 1-3 at 40-52 Harris Street, North St Mary's
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.
6 Easement Creation - 27a Collins Street St Marys
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.
Outcome 4
7 Grant Funding Offer - NSW Government Local Small Commitments Allocations
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.
Outcome 5
8 General Manager's Annual Performance Review 2023-24 and Performance Measures 2024-25
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 8:30pm and the General Manager reported that the Committee of the Whole met at 8:10pm on Monday, 24 June 2024, the following being present
His Worship the Mayor, Councillor Todd Carney, Deputy Mayor, Councillor Mark Davies and Councillors Bernard Bratusa, Robin Cook, Kevin Crameri OAM, Sue Day, Ross Fowler OAM, Glenn Gardiner, Tricia Hitchen, 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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179 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies CW2 That: 1. The information contained in the report on Property Investment Strategy be received. 2. The Property Investment Strategy be endorsed. |
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7 Grant Funding Offer - NSW Government Local Small Commitments Allocations |
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180 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Bernard Bratusa CW7 That: 1. The information contained in the report on Grant Funding Offer - NSW Government Local Small Commitments Allocations be received. 2. Grant applications be submitted to the LSCA grant program as detailed in the report.
3. The financial contributions from existing budget programs be allocated to the delivery of the projects as detailed in the report and included in the LSCA grant submissions.
4. Details of the grants be made publicly available when permitted. |
Councillor Karen McKeown OAM returned to the meeting, the time being 8:17pm.
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3 Council as Crown Land Manager - Lease Negotiations - 143 Station Street, Penrith |
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181 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Jonathan Pullen CW3 That: 1. The information contained in the report on Council as Crown Land Manager - Lease Negotiations - 143 Station Street, Penrith be received. 2. Council endorse the recommendations in the report in relation to 143 Station Street Penrith. 3. 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 further negotiate and sign all necessary legal documents in relation to this matter. |
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4 Council Property - New Lease - Suite 2, 54 Henry Street Penrith |
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182 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jonathan Pullen CW4 That: 1. The information contained in the report on Council Property - New Lease - Suite 2, 54 Henry Street Penrith be received. 2. Council enters the proposed lease over Suite 2, 54 Henry Street, Penrith on the terms and conditions detailed within this report. 3. All funds received from the lease be allocated to the Property Reserve. 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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5 Council Property - New Sub Lease - Units 1-3 at 40-52 Harris Street, North St Mary's |
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183 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev CW5 That: 1. The information contained in the report on Council Property - New Sub Lease - Units 1-3 at 40-52 Harris Street, North St Mary's be received. 2. Council approves the proposed new lease agreement under the terms and conditions listed within the report. 3. All funds received from the lease be allocated to the Property Reserve. 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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184 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Mark Rusev CW6 That: 1. The information contained in the report on Easement Creation - 27a Collins Street St Marys be received. 2. Council proceed with the public notification of the easement application to drain water over Council located at Lot 10 DP38927, 27a Collins Street St Marys, on the terms and conditions detailed within this report. 3. Should no objections to the easement be received during the notification period, the creation of the easement be undertaken in accordance with the terms of this report and that 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. 4. The compensation received be allocated to the Property Reserve. |
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8 General Manager's Annual Performance Review 2023-24 and Performance Measures 2024-25 |
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185 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Mark Davies CW8 That the information contained in the report on General Manager's Annual Performance Review 2023-24 and Performance Measures 2024-25 be received. |
ADOPTION OF Committee of the Whole
186 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jonathan Pullen that the recommendation contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4, CW5, CW6, CW7 and CW8 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 8:34pm.
I certify that these 18 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 24 June 2024.
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Chairperson Date