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 12 AUGUST 2024 AT 7:00 PM
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 the Head of Governance, 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, Marlene Shipley and John Thain.
PRESENT – ATTENDED REMOTELY
Councillor Jonathan Pullen.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Karen McKeown OAM for the period 12 August to 9 September 2024 inclusive.
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196 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor John Thain that the apologies for Councillor Mark Rusev be accepted. |
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197 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Sue Day that the minutes of the Ordinary Meeting of 22 July 2024 be confirmed. |
DECLARATIONS OF INTEREST
Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 6 – RFT 22/23-018 Electrical Maintenance, as she has a family member who works for one of the tendering companies. Councillor Tricia Hitchen stated she would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
Councillor Tricia Hitchen declared a Non-Pecuniary Conflict of Interest – Less than Significant in Committee of the Whole Item 4 – Council as Crown Land Manager – Lease Negotiations – 143 Station Street Penrith, as she is a Director on the Panthers Board. Councillor Tricia Hitchen stated she would leave the meeting during consideration of this item and would not take part in voting or discussion on this issue.
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Councillor Kevin Crameri OAM ASKED:
With respect to the filling in Jordon springs of 700,000T:
Note from Officers: A memo response to all Councillors was prepared and distributed responding to the questions and tabled at the Council Meeting.. |
Outcome 2 - We are welcoming, healthy, happy and connected
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202 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that the information contained in the report on Youth Week 2024 be received. |
Councillor Kevin Crameri OAM left the meeting, the time being 7:47pm.
Outcome 3 - We plan and shape our growing City
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4 The Quarter Penrith Health and Education Precinct - Terms of Reference and Heads of Agreement |
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205 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Marlene Shipley That: 1. The information contained in this report on The Quarter Penrith Health and Education precinct is received and noted. 2. Council agrees to become a member of The Quarter Penrith Steering Committee in accordance with the Heads of Agreement and Terms of Reference as attached to this report. 3. Council acts as the host organisation to the Steering Committee in accordance with the Heads of Agreement and Terms of Reference as attached to this report. 4. The General Manager be delegated authority to sign and execute any required documents associated with Council joining The Quarter Penrith Steering Committee, including the Heads of Agreement. 5. The General Manager is authorised to make minor amendments to the governance documents as required. |
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206 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Marlene Shipley That: 1. The information contained in the report on Fire Safety Update be received. 2. Council proceed to issue Fire Safety Orders for 481 High Street, Penrith and 483 High St, Penrith subject to further investigation and should the fire safety issues not be addressed in response to notice from, and to the satisfaction of, Council’s Building Certification and Fire Safety Co-ordinator. 3. Council continues to monitor all premises as part of its Fire Safety Program. |
Having previously declared an interest, Councillor Tricia Hitchen left the meeting, the time being 7:49pm.
Outcome 4 - We manage and improve our built environment
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207 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Bernard Bratusa That: 1. The information contained in the report on RFT 22/23-018 Electrical Maintenance be received. 2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) and subject to the execution of a formal agreement be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender: a. Hix Group Pty Limited as primary electrical contractor to complete all scheduled maintenance work, and reactive maintenance work up to $50,000 inclusive of GST
b. Hix Group Pty Limited, BGL Electrical Pty Limited and Mirila Electrical Group Pty Ltd to form the panel of approved electrical contractors to competitively quote and undertake reactive maintenance work greater than $50,000 inclusive of GST, Electrical project work and electrical design work
3. 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. 4. The General Manager be authorised to sign all necessary legal documents in relation to this matter. |
Councillor Tricia Hitchen returned to the meeting, the time being 7:50pm.
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7 NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds |
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208 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on NSW Government 'Safe Speed Program' 2024-25 Financial Year: Acceptance of Grant Funds be received. 2. Council acknowledge acceptance of grant funding of $896,900 from the TfNSW Safe Speeds in High Pedestrian Activity and Local Areas Program 2024/25. 3. Council write to the Local State Members thanking them for their ongoing support and continued funding of active transport and road safety initiatives. |
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8 RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing |
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209 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on RFT 23/24-019 Supply, Installation and Repair of various Types of Fencing be received. 2. A new 3 year contract with the option to extend for a further two (2) x one (1) year periods (subject to satisfactory performance) be awarded to the following companies for the specified services in accordance with the terms and conditions of the Tender: a) Supply & Installation of Chain Wire Boundary Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor
b) Supply & Installation of Post and Rail Fencing be awarded to Metal Fencing Specialists Pty Ltd.
c) Supply & Installation of RMS Boundary Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
d) Supply & Installation of Balustrade Fencing be awarded to Metal Fencing Specialists Pty Ltd.
e) Supply & Installation of Coloured Steel Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
f) Supply & Installation of Guard Rail Barrier Fencing be awarded to Metal Fencing Specialists Pty Ltd.
g) Supply & Installation of Wire Type Barrier Fencing be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
h) The repair of existing Fencing and Barriers be awarded to Metal Fencing Specialists Pty Ltd as the primary contractor and Northern Fencing Specialists Pty Ltd as the secondary contractor.
3. 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. 4. The General Manager be authorised to sign all necessary legal documents in relation to this matter. |
Outcome 5 - We have open and collaborative leadership
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210 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that Item 10 - PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management be deferred until after Committee of the Whole for consideration. |
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14 PWA funded St Marys Flood Levee Repair and Maintenance Project |
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211 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Councillor Sue Day That: 1. The information contained in the report on PWA funded St Marys Flood Levee Repair and Maintenance Project be received. 2. Council accept the offer from PWA to complete repairs to the St Marys Levee up to a value of $1,071,225. 3. Council write to PWA thanking them for the offer to undertake repairs to the St Marys Levee. |
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2102 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Local Government NSW Annual Conference 2024 be received. 2. Council nominate ten (10) Councillor as its voting delegates for motions to attend the 2024 LGNSW Conference being held at Tamworth Regional Entertainment and Conference Centre from 17 - 19 November 2024. 3. Council consider the nomination of observers to attend the 2024 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. The names of the nominated ten (10) Councillors to attend the conference be determined after the Local Government elections.[JP1] [AB2] |
Councillor Kevin Crameri OAM returned to the meeting, the time being 7:53pm.
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11 Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 |
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213 RESOLVED on the MOTION of Councillor Glenn Gardiner seconded Councillor Marlene Shipley That: 1. The information contained in the report on Acceptance of Grant Funding - Roads to Recovery Program 2024-2029 be received. 2. Council accept the allocation of $13,396,064 from the Australian Government under the Roads to Recovery Program over the 1 July 2024 to 30 June 2029 funding period. 3. Council write to the Federal Members and Federal Government, formally thanking them for the generous allocation of additional funding under the 2024-29 Roads to Recovery Program. |
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12 Model Code of Meeting Practice - Councillor Attendance at Public Meetings |
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2114 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia Hitchen That: 1. The information contained in the report on Model Code of Meeting Practice - Councillor Attendance at Public Meetings be received. 2. The attached draft Code of Meeting Practice with amendments made to clauses 5.18 - 5.21 be adopted. 3. Council authorise the General Manager to make minor administrative amendments to the Code when and where required. |
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13 Acceptance of Grant Funding - Natural Disaster Relief Assistance |
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2125 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Sue Day That: 1. The information contained in the report on Acceptance of Grant Funding - Natural Disaster Relief Assistance be received. 2. Council accept the total allocation of $1,089,876 ($861,440.25 + $228,435.75) from NSW Public Works. 3. Council fund the 25% co-contribution cost of $363,292 to complete the repairs. 4. $25,000 be donated from each Ward’s voted works to make up for the shortfall in funding. [JP3] [AB4] |
URGENT BUSINESS
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Councillor Tricia Hitchen requested that an amount of $1430 from each Ward’s voted works be donated to the One Community Many Abilities Council project to fund the voice-over to the video campaign to make it accessible to all. |
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216 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Robin Cook that the matter be brought forward and dealt with as a matter of urgency. |
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His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
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217 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Robin Cook that the amount of $1430 from each Ward’s voted works be donated to the One Community Many Abilities Council project to fund the voice-over on the video campaign to make it accessible for all. |
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Councillor Marlene Shipley requested that an amount of $800 from each Ward’s voted works be donated to fund the installation of a memorial plague in honour of John Boccanfuso. |
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218 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Bernard Bratusa that the matter be brought forward and dealt with as a matter of urgency. |
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His Worship the Mayor, Councillor Todd Carney ruled that the matter was urgent and should be dealt with at the meeting. |
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219 RESOLVED on the MOTION of Councillor Marlene Shipley seconded Bernard Bratusa that the amount of $800 be donated from each Ward’s voted works to fund the installation of a memorial plague in honour of John Boccanfuso in the garden outside Westfield Penrith. |
220 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Glenn Gardiner that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:01pm.
1 Presence of the Public
CW1 RESOLVED on the motion of Councillor Mark Davies 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 Crown Land Manager Relinquishment
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management
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.
4 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.
The meeting resumed at 8:05pm and the General Manager reported that the Committee of the Whole met at 8:01pm on Monday, 12 August 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, Jonathan Pullen, Marlene Shipley and John Thain.
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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221 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook CW2 That: 1. The information contained in the report on Crown Land Manager Relinquishment be received. 2. Council endorse the recommendations in the report in relation to 143 Station Street Penrith.
3. Council make an application to Minister for Lands and Property that on any appointment of a new Crown Land Manager for the property, Council's rights under the lease to the Club should not be transferred to the new Crown Land Manager.
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 further negotiate and sign all necessary legal or other documents in relation to this matter. |
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3 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management |
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222 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Robin Cook CW3 That: 1. The information contained in the report on Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management be received. 2. The recommendations in the body of the report on Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management be adopted. |
Having previously declared an interest, Councillor Tricia Hitchen left the meeting, the time being 8:03pm.
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4 Council as Crown Land Manager - Lease Negotiations - 143 Station Street Penrith |
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223 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Mark Davies CW4 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. |
Councillor Tricia Hitchen returned to the meeting, the time being 8:05pm.
ADOPTION OF Committee of the Whole
224 RESOLVED on the MOTION of Councillor Sue Day seconded John Thain that the recommendations contained in the Committee of the Whole and shown as CW1, CW2, CW3, CW4 be adopted.
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10 PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management |
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225 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Glenn Gardiner That: 1. The information contained in the report on PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management be received. 2. After considering the responses to the PCC2024-86 Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management Select Tender and in accordance with clause 178(1)(b) of the Local Government (General) Regulation 2021 (the Regulation), Council decline to accept any of the tenders. 3. In accordance with clause 178(3)(e) of the Regulation, Council authorise the General Manager to enter into negotiations with TechnologyOne Limited with a view to entering into a contract in relation to the subject matter of the tender. 4. Pursuant to clause 178(4)(a) of the Regulation, the Council’s reasons for declining to invite fresh tenders are: a. Given the extensive Expression of Interest and Select Tender process already conducted inviting fresh tenders would unlikely result in a significant different or improved outcome for Council. b. The complexity of the proposal will require extensive negotiation on the contract terms which a fresh tender process won’t alter. c. Direct negotiation will enable Council to achieve optimal value for money. 5. Pursuant to clause 178(4)(b) of the Regulation, the Council’s reasons for determining to enter into negotiations with TechnologyOne Limited are: a. The TechnologyOne Limited tender satisfactorily demonstrates the capability and capacity to undertake the scope of works and based on the evaluation was determined to be the preferred tenderer. b. To reach an agreement on the appropriate software to be included and subsequent licencing fees. c. To allow for discussion and clarification on contract terms, conditions and length. 6. Council authorises the General Manager to enter into a contract with TechnologyOne Limited following a satisfactory outcome of the Negotiations subject to the negotiation terms included in the Committee of the Whole Report titled Business Systems Transformation: Finance Procurement, Property & Rating and Asset Management. 7. An information only report be provided on the outcome of the negotiations. |
There being no further business the Chairperson declared the meeting closed the time being 8:07pm.
I certify that these 13 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 12 August 2024.
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Chairperson Date
[JP1]Fowler asked this to be added as a recommendation.
[AB2]All good I changed slightly to be really clear
[JP3]Hitchen raised this during the item and advised for it to go under urgent business, however the Mayor stated it be added as an additional recommendation to the report.
[AB4]Yes I told the Mayor to do that, just as an FYI when a motion is considered it is better they just add it as a resolution rather than create a general business item, it’s unnecessary to do that