28 June 2006

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 3 July 2006 at 7:00PM.

Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.

Yours Faithfully

 

 

Alan Travers

General Manager

 

BUSINESS

 

1.           APOLOGIES

 

2.           LEAVE OF ABSENCE

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 19 June 2006.

 

4.           DECLARATIONS OF INTEREST

Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)

Non-Pecuniary Interest

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Policy Review Committee Meeting - 26 June 2006.

 

9.           MASTER PROGRAM REPORTS

 

10.         URGENT REPORTS (to be dealt with in the master program to which the item relates)

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 3 July 2006

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

master program reports

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 



MEETING CALENDAR

 

July 2006 - December 2006

 

 

TIME

JULY

AUG

SEPT

OCT

NOV

DEC

 

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Meetings

7.00 pm

3

7

4ü

9

6

4

 

17

21#+

18

25^

23

20 #

11

 

Policy Review Committee

7.00 pm

24

28

11@

16

13

 

 

 

 

 

 

 

 

 

 

 

 

 

 

#  Meetings at which the Management Plan quarterly reviews are presented.

v Meeting at which the Draft Management Plan is adopted for exhibition

#+  General Manager’s presentation – half year and end of year review

*   Meeting at which the Management Plan for 2006/2007 is adopted

@  Strategic Program progress reports (only business)

ü  Meeting at which the 2005/2006 Annual Statements are presented

 

^   Election of Mayor/Deputy Mayor (only business)

 

·         Council has two Ordinary Meetings per month where practicable.

·         Extraordinary Meetings are held as required.

·         Policy Review Meetings are held monthly where practicable.

·         Members of the public are invited to observe meetings (Ordinary & Policy Review) of the Council.

Should you wish to address Council, please contact the Executive Officer, Glenn McCarthy on 47327649.

 

 


UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 19 JUNE 2006 AT 7:00PM

NATIONAL ANTHEM

The meeting opened with the National Anthem

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor John Thain read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.

PRAYER

The Council Prayer was read by the Rev. Neil Checkley.

PRESENT

His Worship the Mayor Councillor John Thain, Kaylene Allison, David Bradbury (arrived at 7:41PM), Lexie Cettolin, Kevin Crameri OAM (arrived at 7:03PM), Greg Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, and Pat Sheehy AM.

 

APOLOGIES

890  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy that apologies be received and accepted from Councillors David Bradbury and Mark Davies.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken for the period 27 May 2006 to 20 June 2006 inclusive.

Leave of Absence was previously granted to Councillor Susan Page for the period 5 June 2006 to 26 June 2006 inclusive.

Leave of Absence was previously granted to Councillor Steve Simat for the period 19 June 2006 to 8 July 2006 inclusive.

CONFIRMATION OF MINUTES - Ordinary Meeting - 5 June 2006

891  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy that the minutes of the Ordinary Meeting of 5 June 2006 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Councillor Kevin Crameri OAM arrived at the meeting the time being 7:03PM.

SUSPENSION OF STANDING ORDERS

892  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Garry Rumble that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:04PM.

Ms Darani Lewers and Ms Tanya Crothers representing the Lewers family addressed the meeting on Item 6, Integration of the City’s Principal Cultural Facilities – Draft Constitution, and spoke against the recommendation.

Ms Lewers and Ms Crothers outlined the valuable contribution they had made to the success of the Penrith Regional Gallery and Lewers Bequest, and said that their continuing involvement, as representatives of the family that originally owned the property, would be of great benefit to the ongoing success of the gallery.

Ms Crothers said that Ms Lewers particularly has a great deal of experience in the arts including in arts education and administration.  Ms Lewers has been a member of the Australia Council and a trustee of the Powerhouse Museum.

His Worship the Mayor, Councillor John Thain informed Ms Lewers and Ms Crothers that the time for their address had expired.

893  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Lexie Cettolin that an extension of time be granted for Ms Lewers and Ms Crothers to complete their address.

Ms Lewers and Ms Crothers said that the Lewers family representatives should be members of the new Penrith Performing and Visual Arts Ltd. Board.

 

RESUMPTION OF STANDING ORDERS

894  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Lexie Cettolin that Standing Orders be resumed, the time being 7:14PM.

MAYORAL MINUTES

2006 Queens Birthday Honours

His Worship the Mayor, Councillor John Thain read a mayoral minute congratulating the five local residents receiving Australian Honours in the 2006 Queens Birthday Honours list

895  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the Mayoral Minute on the 2006 Queens Birthday Honours be received.

Success of Penrith Businesses in the 2006 Western Sydney Industry Awards

His Worship the Mayor, Councillor John Thain read a mayoral minute congratulating the Penrith Businesses that won awards at the recent 2006 Western Sydney Industry Awards.

896  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow that the Mayoral Minute on the Success of Penrith Businesses in the 2006 Western Sydney Industry Awards be received.

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership held on 29 March, 2006

897  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 29 March, 2006 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 5 June 2006

898  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 5 June, 2006 be adopted.

 

MASTER PROGRAM REPORTS

899  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Garry Rumble that Items 14, 2006-2007 Management Plan, & Item 15, Making of Rates and Charges 1 July 2006 to 30 June 2007 be dealt with as the first two items of business.

LEADERSHIP AND ORGANISATION

14      2006-2007 Management Plan

900  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler

That:

1.     The information contained in the report on the 2006-2007 Management Plan be received

2.     Consideration of the recommended actions regarding Penrith Cricket Club suggested on Page 167 of the business paper be deferred pending a further report on the audited accounts of the club for the last three years

3.     Except for the recommended actions regarding Penrith Cricket Club suggested on Page 167 of the business paper, the recommended actions, including changes to the draft budget, as detailed in the report be adopted and those which relate to variations to the exhibited draft plan be incorporated into the Management Plan

4.     The 2006-2007 Management Plan as amended be formally adopted

5.     An application be made to the Minister for Local Government for a Special Variation to General Rate Income of 8.8% for 2006-2007

6.     Council, subject to the Minister for Local Government approving a special variation to the rate of 8.8%, approve for expenditure the budget as detailed in the 2006-2007 Management Plan and on that basis formally vote these funds for the 2006-2007 financial year

7.     Those individuals and organisations who made submissions on Council’s Management Plan be thanked for their input and advised of Council’s decision

8.     Those projects in the 2005-2006 Management Plan which were approved by Council in the March Quarter Review 2006 to be carried forward be added to the adopted Management Plan and Budget for 2006-2007

9.     A further report on Council’s vehicle fleet and its use of fuels be brought to Council.

 

15      Making of Rates and Charges 1 July 2006 to 30 June 2007

901  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy

That:

1.     The information contained in the report on Making of Rates and Charges 1 July 2006 to 30 June 2007 be received.

2.     Ordinary Rate

In accordance with Section 535 of the Local Government Act 1993, an ordinary rate named Residential ordinary in accordance with Section 543(1) of point four six eight seven one (.46871) cents in the dollar being ad valorem amount on the land value of all rateable land in the City categorised as residential under Section 493 and that an ordinary rate named Farmland ordinary of point three zero four six six (.30466) cents in the dollar on the land value of all rateable land in the City categorised as Farmland and that an ordinary rate named Business ordinary of one point zero nine five three (1.0953) cents in the dollar on all rateable land in the City categorised as business and that an ordinary rate being a subcategory of Business rate named Penrith CBD Rate of one point two two two nine (1.2229) cents in the dollar and that an ordinary rate being a subcategory of Business rate named St Marys Town Centre Rate of one point  five five nine five (1.5595) cents in the dollar be now made for the period 1 July 2006 to 30 June 2007 subject to a minimum rate under Section 548(5) of six hundred and twenty seven dollars and seventy cents ($627.70) in respect of each separate parcel of land categorised as Residential and Farmland and that each separate parcel of land categorised as Business or as a subcategory of Business be subject to a minimum rate under Section 548(5) of the Local Government Act, 1993 of eight hundred and three dollars and ten cents ($803.10).

 

3.    Service of Rate Notices

The rate or charge for the 2006-07 rate year be levied on the land specified in a rates and charges notice by the service of that notice and the General Manger be and is hereby authorised to prepare and serve such notice for and on behalf of Council.

 

4.    Charges

 

The charges attached to the report to the Ordinary meeting on 19 June 2006 titled Making of Rates and Charges for 1 July 2006 to 30 June 2007 be made (see attachment).

 

5.    Interest

 

For the purpose of calculating the interest on overdue rates and charges in accordance with Section 566(3) of the Local Government Act, 1993 Council make the interest charge for 2006/07 nine (9.0) percent per annum.

 

6.    Pension Rebate

 

All eligible pensioners under Section 575 of the Local Government Act, 1993 be granted a rebate of 50% of the ordinary rate and domestic waste management service up to a maximum of $250.00 under Section 575(3) of the Local Government Act, 1993.

 

The City as a Social Place

 

2        Sixteenth National Urban Animal Management Conference

902  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Sixteenth National Urban Animal Management Conference be received.

2.     Interested Councillors be endorsed to attend the Urban Animal Management Conference, and leave of absence be granted to those Councillors, for the period 30 August – 1 September 2006.

 

3        Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith. Applicant: Cavasinni Constructions Pty Ltd;  Owner: Cavasinni Constructions Pty Ltd                                                                                       DA03/3292

903  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

That:

1.      The information contained in the report on Development Application 03/3292 for a six storey mixed retail, commercial and residential building over basement parking at Lot 1 DP 779550, Lot 2 DP 154388, Lot 1 DP 576961 and Lot B DP 152525 (No. 538 - 556) High Street, Penrith be received

2.      The Development Application 03/3292 be granted a Deferred Commencement Consent.  The Development Services Manager is to be satisfied that the items listed within Schedule 1 are satisfied prior to an Operational Consent being granted, which is subject to the non-standard and standard conditions listed in Schedule 2.  Items listed within Schedule 1 are to be lodged within 12 months of the date of this Deferred Commencement Consent:

Schedule 1

2.1     A study by an appropriately qualified Geotechnical Engineer is required to be submitted to Council for assessment in regards to the groundwater conditions.  The report is to address the depth of excavation and long-term stability of the proposed building in relation to the groundwater.  The report is also to address the stability of the road and footpath during excavation and construction works.

2.2     As a result of these investigations, the basement level(s) car parking is to be designed in accordance with the car parking policies and Australian Standards applicable at the time

2.3     A stormwater study is to be completed to assess the capacity of Council’s existing stormwater system in Union Lane.  The study is to investigate the capacity of the existing pipeline and in the event that there is not enough capacity in the existing system recommend an appropriate level of an on site detention to reduce stormwater discharge from the site, so the existing system is not overloaded.

Schedule 2

These conditions may be altered or added to as a result of the Schedule 1 investigations.

 

3.1  Standard conditions

A003 – deferred commencement approved plans

A008 –  works to BCA requirements

A011 –  Engineering Works DCP

A014 – lot consolidation (Lot 1, DP 779550; Lot 2, DP 154388; Lot 1, DP 576961; and Lot B, DP 152524)

A026 – advertising signs

A037 – positive covenant – To ensure glazing at ground level remains transparent

A039 – graffiti

B001 – demolition of existing structures

B002 – demolition and disposal to approved landfill site

B003 – asbestos

B004 – dust

B005 – mud/soil

C002 – archival recording

D001 – implement sediment and erosion control measures

D009 – covering of waste storage area

D010 – appropriate disposal of excavated or other waste

D013 – approved noise level 1

D014 – plant and equipment noise

E01A – BCA compliance for Class 2-9

E006 – disabled access and facilities

E008 – fire safety list

E009 – annual fire safety – essential fire safety Class 2-9

F006 – water tank and nuisance

G002 – Section 73

G004 – Integral Energy

G005 – rainwater tank plumbing

H01F – stamped plans, erection of site notice Class 2-9

H002 – all forms of construction

H003 – traffic safety during construction works

H011 – engineering plans and specifications

H013 – further details of building components (a, c, d, e, g)

H022 - survey (lowest basement level, ground floor slab level, highest roof level)

H033 – clothes drying facilities

H036 – rainwater tank

H038 – connection of rainwater tank supply

H041 – hours of work (Limited hours of construction for major earthworks, such as pile driving or rock breaking activities, are recommended to occur later in the morning and afternoon periods only)

I003 – Roads Act approval (b – provision of heavy duty crossings in Union Lane, e – provision of heavy duty footpath crossings in Union Lane, g, i, h, k – in Union Lane

I004  - Roads Act approval (e)

K009 – Where required

K019 – drainage connection to Council’s system

K025 – pavement seal

P001 – costs

P002 – fees associated with Council land

L001 – general landscaping as (amended by Level 4 architectural)

L002 – landscape construction

L003 – report requirement

L005 – planting of plant material

L006 – AS requirements

L008 – Tree Preservation Order

N001 - Section 94 Library Facilities $5,832.00

N003 - Section 94 Cultural Facilities $2,136.00

N004 - Section 94 Penrith City Centre – Roads and Traffic $627,096.00; Community Facilities $421,668.00

Q001 – Notice of commencement and appointment of PCA

Q006 – Occupation Certificate for Class 2-9

Q010 – BASIX

4        Non-standard conditions

General

4.1     Balustrades to the commercial tenancies on Level 3 are to be provided with translucent material to match those balustrades on Level 2.

 

4.2     An easement for pedestrian access shall be created between High Street and Union Lane for the arcade

 

4.3     To avoid glare, non-reflective glass is to be used in both street elevations.  Details shall be provided prior to the release of an Occupation Certificate. 

 

4.4     The glazing on the northern building façade is to be treated with solar protection.  Details shall be provided prior to the release of an Occupation Certificate. 

 

4.5     No advertising or logos are to be installed above the retail level awning in any elevation throughout the life of the development

 

4.6     A maximum of 40% coverage of windows on ground floors is to be used for display of signage

 

4.7     To assist Council’s Garbage Contractors, access to the bin storage room from the street must be without the use of keys or other locking devices

 

4.8     To protect the amenity of the CBD area, the Body Corporate and/or manager of the complex will be responsible for the placement and return of bins to Union Lane for servicing, and that it is conducted in a timely manner

 

4.9     Prior to occupation, lighting for the development is to be provided in the following manner:

 

(a)               To address increased pedestrian traffic that will be generated by the development within the CBD, prior to occupation, the supply and installation of Australian Standard Category P3 street lighting is required on High Street.  Lighting at the rear of the building on Union Land is to be upgraded to Australian Standard Category P1

(b)               All street awnings are to be fitted with under awning lighting

(c)               Entrances and exits to all units, communal space and the basement car park shall be well lit to clearly illuminate areas where people are most vulnerable.  This is to incorporate letterboxes and garbage areas.  Lighting should be consistent in order to reduce the contrast between shadows and illuminated areas

(d)               Lighting shall be vandal resistant

(e)               Lighting shall be contained within the property boundary (except in the case of entrances/exits and under awnings) and no light shall be projected upwards

(f)                Building lighting shall be mounted in a manner that does not       cause glare to approaching pedestrians

 

                             4.10   Prior to occupation, treatment to basement car parking area is to be                                provided in the following manner:

(a)     All surfaces are to be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible

(b)     All potential entrapment points are to be avoided, eg under stairs, blind corners and wide columns.  Adequate lighting and mirrors shall be used when certain design features are unavoidable

(c)     The car park shall be accessible by tenants/residents of the building only.  A security gate system shall be installed on the building entry/exit point, with for example, the use of swipe card security system

(d)     An intercom security system shall be installed in all levels of the car park

(e)     Consideration is to be given to the provision of emergency phone/help points in all levels of the basement

(f)      Commercial and residential car parking shall be separated to allow increased safety and security for residential tenants.  This will allow residential tenants to be better equipped to be “capable guardians” providing passive surveillance for after hours movements within the car park and the residential sections of the building

(g)     Access to the car park for commercial tenants and their staff members should be on a restricted basis

 

          Details of the above items are to be submitted with the              Construction Certificate

 

4.11   Prior to occupation, security of the complex is to be provided in the   following manner:

(a)     The pedestrian walk-through link shall be closed after hours.  High quality gates or shutters that allow for visual surveillance is required, with an approximate height of 2-3m

(b)     The installation of a high quality CCTV monitoring system is to be installed in the public areas of the commercial section, covering the entry/exit points.  Entries and exists should be clear of vegetation

(c)     CCTV coverage of the foyer area of the residential section is to be installed covering entry/exit points.  Entries and exists should be clear of vegetation

(d)     The CCTV monitoring system should be capable of providing   footage and information to assist Police enquiries should the need arise

(e)     Clear signage identifying private areas is to be erected

(f)      The street numbers identifying the building are to be clearly       visible on the building, for visitors and emergency services

 

          Details of the above items are to be submitted with the Construction   Certificate

 

Heritage

 

4.12  A qualified heritage consultant shall prepare and submit a heritage       interpretation plan for approval prior to the issue of a Construction Certificate.  The Interpretation Plan is to achieve the following outcomes:

(a)     identifies significant elements of the existing buildings on the       site (including fenestration/window treatments, tiling and flooring treatment, awning line) that may be appropriate reinstated or re-interpreted to enhance its contribution to the recognised heritage values of the streetscape in a manner that takes into account the overall form, height and function of the proposed contemporary building

(b)     provides details of the shop frontages to High Street and treatment of the eastern wall of the arcade

 

The approved Interpretation Plan is to be implemented during the construction period.  Prior to the issue of the Occupation Certificate, the supervising heritage architect shall submit a written report indicating that the Interpretation Plan has been implemented in conformity with the approved Interpretation Plan

 

Construction

 

4.13  The office component of the development is to achieve an Australian   Building Greenhouse Rating (ABGR) of 4.5 star energy efficiency          performance rating.  Certification is to be provided as part of the    Construction Certificate

 

Engineering

 

4.14   All off-street parking spaces are to be linemarked and maintained for the development.  The parking space dimensions and manoeuvring areas are to comply with AS2890.1 and AS2890.2, the Building Code of Australia and the Commonwealth Disability Discrimination Act.

 

4.15   Car park level(s) shall be designed so that all accessible parking is      located adjacent to or within the immediate vicinity of the lift shaft(s).

 

4.16  Any temporary loading zones in either High Street or Union Lane that           may be required during construction will be the subject of a separate         application to the Local Traffic Committee and payment of the appropriate fees

 

4.17  Existing parking restrictions in High Street and Union Lane are to        remain

 

4.18  Bicycle parking racks are to be installed on the Retail Ground Floor    Level (as a minimum) in appropriate locations so as not to hamper    pedestrian activity

 

4.19  The crest of the driveway leading to the basement car park is to be a minimum 150mm above the top of kerb in Union Lane

 

Landscaping and Public Domain

         

4.20   The structure of the atrium skylight is to be amended in order that       daylight access to residential Units Nos 7, 8 and 9 is not compromised

 

4.21   Prior to occupation of the building, suitable street trees are to be planted along the High Street frontage of the building.  Liaison with Council’s Landscape Services Supervisor is required to determine details of the proposed species, size, number and placement of the trees.   Paving detail around the trees shall be in accordance with Council’s Paving Specification for Asphalt “Pavement Texturing”

 

4.22   To allow for the provision of street trees, the height of the awning to the underside at its western end to be a maximum of 4.1m, and the width to be such that the front edge will be 1300mm setback from the back of kerb for the full frontage

 

4.23   Prior to occupation of the building, high quality unit pavers are to be   provided to the pedestrian walk-through link and High Street, and paved sections at the rear of the building.  Liaison with Council’s Landscape Services Supervisor is required to determine details of the specifications for paving

 

3.      In addition to the conditions listed above, the following advices be provided to the applicant at the end of Schedule 2:

(a)     In accordance with the Roads Act 1993, only the Council can issue a Construction Certificate for works within an existing road reserve

4.      Those persons who made a written submission during the assessment period be advised of Council’s decision.

 

4        Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook. Applicant: David & Sharon Ryan;  Owner: David & Sharon Ryan DA05/0633

904  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Development Application 05/0633 for the construction of a detached dual occupancy, approval of a shed and variations to the Section 88B Instrument applying to Lot 231 DP 828619 (No. 20 - 21) Woodside Glen, Cranebrook be received.

2.     The restrictions on the use of the land secondly and thirdly mentioned in the Section 88B Instrument applying to Lot 231 DP 828616 (No. 20-21) Woodside Glen, Cranebrook be varied to permit a detached dual occupancy development and the Common Seal of Penrith City Council be affixed to all necessary documentation.

3.   The application for the construction of a second dwelling as a dual occupancy and a shed on Lot 231 DP 828616 (No. 20-21) Woodside Glen, Cranebrook be approved subject to following conditions:

Standard Conditions

 

               3.1      A002 - Approved plans 

A008 - Works to BCA requirements

A009 - Residential Works DCP

A011 - Engineering works DCP

A019F - Compliance Certificate

A020 (shed) - Building to be used for commercial or habitable purposes

A039 - Graffiti

A043 - Air conditioning

D001 - Sediment and erosion control

D005 - No filling with out consent

D007 - Cut and fill

D009 - Covering of waste storage areas

D010 - Disposal of excavated or other waste

E001 - BCA compliance

E005 - Smoke detectors

F009 to F016 inclusive – on site sewer systems

G003 - Section 73 certificate

G004 - Integral Energy

G005 - Rainwater tank

H01F - Stamped plans

H002 - Site facilities and management

H04I - Hours of work

H013 c), e), f), g), h)  - Further details of building components

H015 - Termites

H031 -

H036 - Rainwater tank

H038 - Rainwater tank connection

H039 - Rainwater tank pump

I003 - Roads Act approval

K001 - Engineering works

K003 - Drainage design

K016 - Stormwater

K019 - Connection to Councils system

K025; access concrete/bitumen  -pavement seal

L001 - Landscape plan

L002 - Landscape construction

L003 I) & ii) - Report requirement

L005 - Plant material

L007 - Tree protection

L008 - Tree Preservation Order

P002 - Fees associated with Council land

N001 NCRA $6,805.00 – Section 94 contribution 

N001 Cultural Facilities $267 – Section 94 Contribution

Q001 - Notice of Commencement

Q005 - Occupation Certificate

Q010 - BASIX Certificate

Special Conditions

 

3.2      Design specifications of a sub-surface effluent disposal system are to be provided to Council for approval prior to the issue of an Occupation Certificate. The system should be designed with consideration of sub-surface drip irrigation and evapo-transpiration bed/trench technologies, a combination of the two or an equivalent sub-surface effluent disposal system (refer to Australian Standard AS1547: 2000). In this regard as absorption trench is not acceptable and should be replaced with a subsurface irrigation due to the slope and risk of effluent running to one end of trench:

3.2.1    Effluent disposal areas are to be planned in accordance with the buffer requirements detailed in the Penrith City Council On-site Sewage Management Strategy and to maximise sunlight exposure

 

3.2.2    The buffers detailed in the Penrith City Council On-site Sewage Management Strategy, site characteristics, building locations, boundaries, driveways, paths, swimming pools, watercourses and dams (including those on surrounding properties) are also to be clearly shown on the plan

 

3.3.3    Treated effluent is to be evenly distributed over effluent disposal areas in accordance with AS1547: 2000

 

3.3      Prior to the issue of an Occupation Certificate and construction of the effluent irrigation system, written certification is to be provided by an appropriately qualified electrician to the Principal Certifying Authority and Council stating that the proposed effluent disposal locations will not conflict (or pose any hazard) with the driveway lighting and associated electrical lines

3.4      The on-site sewage management system is to be installed in accordance with the approved site plan prior to the issue of the Occupation Certificate

3.5      The external finishes of the new dwelling are to complement the existing dwelling’s external finishes. Details are to be submitted along with the Construction Certificate to Council for consideration and approval.

3.6      No Construction Certificate shall be issued for the dual occupancy building approved under this Notice until such time as the Principal Certifying Authority is provided with documentary evidence that the that the restrictions secondly and thirdly referred to in the Section 88B instrument applying to the subject site have been formally deleted.

 

5        Development Application 05/1991 - Proposed construction of a Kindergarten block, Administration and Primary blocks with associated Site Works, Car Parking and Landscaping at Lot 502 DP 866791 Wentworth Road, Orchard Hills. Applicant: Sydney Anglican Schools Corporation;  Owner: Sydney Anglican Schools Corporation                                                                          DA05/1991

905  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Development Application 05/1991 - Proposed construction of a Kindergarten block, Administration and Primary blocks with associated Site Works, Car Parking and Landscaping at Lot 502 DP 866791 Wentworth Road, Orchard Hills be received

2.     The Development Application 05/1991 – Proposed construction of a Kindergarten Block, Administration and Primary Block with associated site works, car parking and landscaping be approved by granting of deferred commencement consent subject to the following conditions:

Deferred commencement Condition (to be completed within 1 year from the date of the consent)

2.1    A local drainage study is to be submitted to Council by an appropriately NPER qualified Drainage Engineer that address the flow conditions in the relocated watercourse. The study is to confirm the top water levels for the watercourse for a 1 in 100 year ARI event. The levels of building are to have a minimum 500mm freeboard to these levels

2.2     Standard Conditions of Consent

                   A001 – Approved plans that are architecturally drawn

                   A011 -  Engineering Works DCP

                   A014 -  Lot Consolidation

                   A19F -  Occupation Certificate

                   A028 – Rural fencing

                   A037 -  Positive covenants for the maintenance of landscaping

                   A038 -  Lighting locations

                   A039 – Graffiti

                   B005 - Road protection from Mud/Soil

C003 - Uncovering archeologically relics

D001 – Sediment & Erosion control Measures

D005 -  No filling without prior approval

D008 -  Filling compaction

D009 – Covering of waste storage area

D014 - Plant and Equipment noise

D025 -  Stormwater disposal

E01A -  BCA Compliance

E006 -  Disabled access and facilities

E008 -  Fire safety list with Construction certificate

E009 -  Annual fire safety statement

G002 -  Section 73 Certificate

G004 -  Integral Energy

H01F -  Stamped plans and erection of site notice

H002 -  Construction works requirements

H003 -  Traffic safety during construction

H006 – Waste management plan

H011 – Engineering plans and specifications

H013 -  Further details of building components

H024 -  Glass installation

H041 -  Hours of operation

I003 -   Roads Act approval

I004  -  Roads Act approval

K001 – Engineering works DCP

K002 -  WAE drawings and certificates

K009 – On-site detention

K016 -  Stormwater

K025 -  Pavement seal

K027 -  Car parking

K036 -  Maintenance bond

K037 -  Performance bond

K040 -  Line marking and signposting

L001 -  General landscaping

L002 – Landscape construction

L005 – Planting of plant materials

L006 -  Australian Standards (landscaping)

L008 -  Tree Preservation Order

P001 – Roadwork costs

P002 – Fees associated with Council owned land

Q001 – Notice of Commencement

Q006 -  Occupation Certificate

 

Non-standard conditions

2.3     The use and occupation of the premises, including all plant,       equipment, amplified music, public address system and after school functions shall not give rise to any offensive noise within the meaning of protection of Environment Operations Act 1997 No. 156

2.4     All activities that occur after normal school hours shall be restricted and controlled to ensure that any nuisance to neighbouring properties are preserved

2.5     Disabled toilet facilities are to be provided to the block of toilets adjacent to Kindergarten 3 Classroom. Details are to be provided with the application for Construction Certificate

2.6     Dust suppression techniques are to be employed during site works and construction works to reduce any potential nuisance to surrounding properties

2.7     Any advertising sign is to be rural in character and in accordance with the requirements contained in Orchard Hills Development Control Code No.1. Signs must:

·    Relate to the style, character and function of the building or activity they advertise

·    Only relate to the development on the land on which the sign is located

·    Not be illuminated

·    Not exceed 1.5m2 in area, or a maximum height of 2 metres above ground level, or intrude in the skyline

·    Not be freestanding, but related to walls, fences or buildings

Details are to be submitted with the application for Construction Certificate.

2.8     The additional car parking spaces shall be permanently marked in accordance with the submitted plans and having minimum dimensions complying with AS2890.1.2004

2.9     Two narrow aisles located between the existing car park and the proposed car park close to Wentworth Road shall be adequately signposted and line marked as one-way movement only. Alternatively the aisles shall be widened for two-way movements of vehicles

2.10   Localised road widening works are required for efficient movement of motor vehicles to and from the site via the proposed driveway. Engineering plans of such road widening works shall be submitted to Council for approval prior to the issue of a Construction Certificate

2.11   Street signage restricting parking in Wentworth Road is to be implemented in accordance with the Local Traffic Committee requirements

2.12   Water quality devices are to be installed in the onsite stormwater drainage system to ensure that all water discharged from the site        meets Council’s Stormwater Treatment Strategy. Details are to be submitted with the Construction Certificate application

2.13   The school is to operate from 8:30am to 3:30pm for students and 8:00am to 5:00pm for teachers during the weekdays.

 

7        Youth Week Report 2006

906  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown that the information contained in the report on Youth Week Report 2006 be received.

 

8        National Aborigines and Islander Day Observance Committee (NAIDOC) Week 2006

907  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Karen McKeown that the information contained in the report on National Aborigines and Islander Day Observance Committee (NAIDOC) Week 2006 be received.

 

1        Community Assistance Program - Funding Requests

908  RESOLVED on the MOTION of Councillor Kevin Crameri seconded Councillor Ross Fowler

That:

1.     The information contained in the report on Community Assistance Program - Funding Requests be received.

2.     Council approve a grant of $1,000.00 under the rolling component of the 2005-06 Community Assistance Program to the Aboriginal Catholic Ministry to assist with the costs of holding an Open Day.

3.     Council approve a grant of $200.00 under the rolling component of the 2005-06 Community Assistance Program to the Nepean Wives of Vietnam Veterans Women’s Support Group to assist with the costs of a morning tea to be held as part of a Women’s Health Day seminar.

4.     A further $240 be provided to the Nepean Wives of Vietnam Veterans Women’s Support Group to assist with the costs of a morning tea to be held as part of a Women’s Health Day seminar, to be funded by a contribution of $80 from each ward’s voted works budget.

Councillor David Bradbury arrived at the meeting the time being 7:41pm.

6        Integration of the City's Principal Cultural Facilities - Draft Constitution

909  RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Pat Sheehy that the information contained in the report on Integration of the City's Principal Cultural Facilities - Draft Constitution be received.

Councillor Kevin Crameri asked that his name be recorded as having voted against the motion.

9        Tender Number 19-05/06 - Provision of Lawn Maintenance

910  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the report be deferred pending confirmation that the Tender Number 19-05/06 - Provision of Lawn Maintenance provides for the maintenance of award provisions for employees.

The City In Its Environment

10      Water Savings Fund 2006 - Backwash Reuse Project

911  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Pat Sheehy that the information contained in the report on Water Savings Fund 2006 - Backwash Reuse Project be received.

The City as an Economy

11      Draft Employment Planning Discussion Paper and Draft Employment Planning Strategy

912  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Greg Davies

That:

1.     The information contained in the report on the Draft Employment Planning Discussion Paper and Draft Employment Planning Strategy be received.

2.     Council resolve to place the draft Employment Planning Discussion Paper and draft Employment Planning Strategy on public exhibition for community and stakeholder comments.

3.     A further report be presented to Council following the consultation.

4.     The Department of Planning be requested to advise Council on the timelines and process for examining the future potential employment lands at Badgerys Creek.

5.     The Department of Planning be requested to facilitate discussion with Penrith and Fairfield Councils to determine a planning process for the proposed employment lands south of the Sydney Water pipeline at Erskine Park.

6.     Support of Department of Planning, Western Sydney Regional Organisation  of Councils, and Greater Western Sydney Economic Development Board be requested for the preparation of a regional employment strategy.

Leadership and Organisation

12      Summary of Investments & Banking for the period 26 April 2006 to 30 May 2006

913  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Kaylene Allison

That:

1.   The information contained in the report on Summary of Investments & Banking for the period 26 April 2006 to 30 May 2006 be received.

2.   The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 26 April 2006 to 30 May 2006 be noted and accepted.

3.   The graphical investment analysis as at 30 May 2006 be noted.

 

13      City Operations Directorate Report to end of May 2006

914  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Pat Sheehy that the information contained in the report on City Operations Directorate Report to end of May 2006 be received.

 

QUESTIONS WITHOUT NOTICE

QWN 1      Leave of Absence request for 26 June                                                                    

Councillor Jackie Greenow requested Leave of Absence for 26 June 2006.

915  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

916  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Kevin Crameri that Leave of Absence be granted to Councillor Jackie Greenow for 26 June 2006.

 

QWN 2      Assistance for Berkshire Park Rural Fire Brigade                                                

Councillor Lexie Cettolin requested that Council make a donation of $500 from North Ward voted works to the Berkshire Park Rural Fire Brigade to assist with their fundraising function on 15 July 2006.

917  RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Pat Sheehy that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

918  RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Pat Sheehy that Council make a donation of $500 from North Ward voted works to the Berkshire Park Rural Fire Brigade to assist with their fundraising function on 15 July 2006.

 

QWN 3      Improvements to Lucy Cobcroft Reserve                                                               

Councillor David Bradbury requested that Council provide $5000 from East Ward voted works to effect improvements in Lucy Cobcroft Reserve as outlined in a memo he had received from Council’s Parks Construction and Maintainance Manager, Raphael Collins.

919  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jackie Greenow that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

920  RESOLVED on the MOTION of Councillor David Bradbury seconded Councillor Jackie Greenow that Council provide $5000 from East Ward voted works to effect improvements in Lucy Cobcroft Reserve, to be reimbursed out of the Open Space Action Plan.

 

QWN 4      Request for Council Officers to Contact Mr Mitry regarding Glossop Street St Marys                  

Councillor David Bradbury requested that a Council Officer from the Local Traffic Committee contact Mr Mitry from Glossop Street St Marys to clarify the issues he has raised in an email to Councillor Bradbury.

 

QWN 5      Adequacy of Lighting along Glenmore Parkway                                                     

Councillor David Bradbury requested a memo on the adequacy of Lighting along Glenmore Parkway.

 

QWN 6      Traffic in Glenmore Park Shopping Centre                                                             

Councillor David Bradbury requested that Council officers investigate the traffic situation in the Glenmore Park Shopping Centre, looking particularly at the flow of traffic out the front of the youth centre, and determine responsibility for traffic movement in the area.

 

QWN 7      Truck Parking in Penrith                                                                                          

Councillor David Bradbury requested a report on the options for truck parking in the city be brought to Council.

 

QWN 8      Open Manholes in Claremont Meadows                                                                 

Councillor David Bradbury requested that urgent action be taken to remedy the dangerous situation in Claremont Meadows, along the walkway adjacent to the detention basin between the two sets of play equipment, where access holes appear to be exposed.

 

QWN 9      Leave of Absence for 6 August - 3 September 2006                                               

Councillor Greg Davies requested leave of absence for the period 6 August to 3 September, 2006 inclusive.

921  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kaylene Allison that the matter be brought forward and dealt with as a matter of urgency.

His Worship the Mayor, Councillor John Thain ruled that the matter was urgent and should be dealt with at the meeting.

922  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Kaylene Allison that leave of absence be granted to Councillor Greg Davies for the period 6 August to 3 September, 2006 inclusive.

 

QWN 10    Report on Work Choices Legislation                                                                      

Councillor Greg Davies requested that a report on the Federal Government’s Work Choices legislation and its significance for Council be brought to Council before the end of July.

Committee of the Whole

Councillor Kevin Crameri informed the meeting that he had a matter he wished to raise during Committee of the Whole as it involved discussion in relation to the personal hardship of a resident or ratepayer.

Councillor Ross Fowler informed the meeting that he had a matter he wished to raise during Committee of the Whole as it concerned commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.

 

923  RESOLVED on the MOTION of Councillor Ross Fowler seconded Councillor Garry Rumble that the meeting adjorn to the Committee of the Whole to deal with the following matters, the time being 7:58PM.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Pat Sheehy seconded Councillor Ross Fowler that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

City as an Economy

 

2        Commercial Matter - Council Property - Queen Street and Carsons Lane 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.

Leadership and Organisation

3        Personal Matter

 

This item has been referred to Committee of the Whole as as the matter involves discussion in relation to the personal hardship of a resident or ratepayer.

 

4        Commercial Matter

 

This item has been referred to Committee of the Whole as the matter refers to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it.

 

5        Senior Staff Matter

 

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 8:22PM and the General Manager reported that the Committee of the Whole met at 7:58PM on Monday 19 June 2006, the following being present

 

His Worship the Mayor Councillor John Thain, Councillors Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Greg Davies, Ross Fowler, Jackie Greenow, Karen McKeown, Garry Rumble, and Pat Sheehy AM

 

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        Commercial Matter - Council Property - Queen Street and Carsons Lane St Marys

CW2  RECOMMENDED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler

That:

1.     The information contained in the report on Commercial Matter - Council Property - Queen Street and Carsons Lane St Marys be received

2.     A further report be presented to Council on the progress with the development.

 

3        Personal Matter

CW3 RECOMMENDED on the MOTION of Councillor Kevin Crameri seconded Councillor Lexie Cettolin that a further report be brought to Council on this matter.

 

4        Commercial Matter

CW4 RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy that the update by the Chairman of Westpool be received.

 

5        Senior Staff Matter

CW5  RECOMMENDED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the recommendations of the Senior Staff Recruitment / Review Committee be adopted.

 

ADOPTION OF Committee of the Whole

 

924  RESOLVED on the MOTION of Councillor Pat Sheehy seconded Councillor Ross Fowler that the recommendation contained in the Committee of the Whole and shown as CW2 to CW5 be adopted.

 

There being no further business the Chairperson declared the meeting closed the time being 8:23PM.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 6.45pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·   Their name;

 

·   Organisation or group they are representing (if applicable);

 

·   Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·   Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·     The interest of the speaker (e.g. affected person, neighbour, applicant, applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

 

Steve Hackett

Public Officer

02 4732 7637                                                        August 2003

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendation of the Policy Review Committee 26 June 2006                        1

 

 



Ordinary Meeting

3 July 2006

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 26 June, 2006

 

 

PRESENT

His Worship the Mayor Councillor John Thain, Councillors Jim Aitken OAM, Kaylene Allison, Kevin Crameri OAM, Greg Davies, Mark Davies, Ross Fowler, Garry Rumble, Steve Simat (arrived 7:09PM) and Pat Sheehy AM.

 

APOLOGIES

Apologies were received and accepted for Councillors Karen McKeown Lexie Cettolin and David Bradbury.

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jackie Greenow for 26 June 2006.

Leave of Absence was previously granted to Councillor Susan Page for the period 5 June 2006 to 26 June 2006 inclusive.

It was noted that Councillor Steve Simat who was previously granted Leave of Absence for the period 19 June to 8 July 2006 inclusive, had returned and arrived at the meeting. the time being 7:09PM.

His Worship the Mayor, Councillor John Thain, welcomed to the meeting Ms Bronwynn Nosworthy from the Internal Audit Bureau who is conducting a review of Council’s operations as part of the Department of Local Government’s “Promoting Better Practice” program.

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

MASTER PROGRAM REPORTS

 

The City in its Broader Context

1        WSROC Strategic Program Activities

Council’s Planning Manager, Mr Roger Nethercote introduced the Executive Director of the Western Sydney Regional Organisation of Councils (WSROC), Mr Alex Gooding who gave a short presentation on programs and activities undertaken by WSROC in delivering its 2004-08 strategic plan.

PRC 36  RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Garry Rumble that the information contained in the report on WSROC Strategic Program Activities be received.

 

The City as a Social Place

3        City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd – Ripples

The Chairman of Penrith Regional Indoor Aquatic and Recreation Centre Ltd, Councillor Ross Fowler introduced the report and said that Ripples’ business model was very good and had won awards.  He said that a number of other facilities had used a similar model, which was one of the challenges Ripples now faced.

Councillor Fowler introduced the General Manager of Ripples, Mr Geoff Yates.

Mr Yates outlined the challenges and issues that Ripples needed to address, as outlined in the report.

PRC 37  RECOMMENDED on the MOTION of Councillor Pat Sheehy seconded Councillor Kaylene Allison

That:

1.     The information contained in the report on City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd - Ripples be received

2.     Council endorse officers’ actions in advancing $290,000, such sum to be treated as a subsidy and the appropriate budget allocation be made as part of the June 2006 year end review

3.     Council agree to provide Ripples with an operating subsidy of $220,000 for the 2006-07 financial year

4.     In view of the Ripples Board’s request for a 2006/7 subsidy of $250,000, a progress report on Ripples financial performance be submitted to Council in conjunction with Council’s December 2006 quarterly financial review

5.     The Service Specification for Ripples as outlined in this report be adopted.

The City In Its Environment

6        Landscape Character Strategy

Council’s Design and Technical Advice Manager, Mr Craig Ross introduced the report and consultant, Mr Brett Newbold of Brett Newbold Urban Planning Ltd to answer questions about the Landscape Character Strategy.

Councillor Kevin Crameri asked for clarification of the phrase “on an opportunistic basis” on page 39 of the business paper.

Mr Newbold said that the strategy would be applied as opportunities presented themselves in the normal course of events.

PRC 38  RECOMMENDED on the MOTION of Councillor Steve Simat seconded Councillor Pat Sheehy

That:

1.     The information contained in the report on the Landscape Character Strategy be received.

2.     The Landscape Character Strategy and supporting Background Papers be endorsed.

3.     The prioritised list of key sites and actions be the subject of a further report to Council.

 

8        Penrith City Heritage Study

Council’s Planning Policy Unit Coordinator, Mr Terry Agar introduced heritage consultant, Mr Paul Davies, who gave a short presentation on the Penrith Heritage Study.

PRC 39  RECOMMENDED on the MOTION of Councillor Kevin Crameri seconded Councillor Jim Aitken that the information contained in the report on Penrith City Heritage Study be received.

The City in its Broader Context

2        The Development of a National Centre for Universal Design at the University of Western Sydney                                                                                                                                 

PRC 40  RECOMMENDED on the MOTION of Councillor Pat Sheehy seconded Councillor Garry Rumble

That:

1.   The information contained in the report on The Development of a National Centre for Universal Design at the University of Western Sydney be received.

2.   Council write to the Vice Chancellor of the University of Western Sydney formally indicating its commitment to the proposal, including contributing to the Research Project and development of a Business Plan. 

 

The City as a Social Place

4        Erskine Park Employment Area - Naming of the Estate and Renaming of Lenore Lane        

PRC 41  RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Steve Simat

That:

1.     The information contained in the report on Erskine Park Employment Area - Naming of the Estate and Renaming of Lenore Lane be received

2.     Council endorse ‘Lenore Drive’ as the new name for Lenore Lane and formally advertise the proposed road name in accordance with the requirements of the Roads (General) Regulation 2000.

3.     A further report on the naming of the Erskine Park Employment Area be brought to Council after further consultation with landowners on possible names for the site.

The City In Its Environment

 

5        Implementation of the Mulgoa/Wallacia Sewerage Scheme                                            

PRC 42  RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy

That:

1.     The information contained in the report on Implementation of the Mulgoa/Wallacia Sewerage Scheme be received

2.     Council pay for the cost of solids removal from existing septic tanks for premises in the nominated catchment that connect to the Mulgoa/Wallacia Sewerage Scheme within twelve months from the time that the sewer becomes available for connection

3.     A further report be brought to Council detailing the options for assisting residents to connect to the scheme, in circumstances where the cost of connection may result in financial hardship.

 

7        Status of the City's Major Planning Policy Program                                                        

PRC 43  RECOMMENDED on the MOTION of Councillor Ross Fowler seconded Councillor Pat Sheehy that the information contained in the report on Status of the City's Major Planning Policy Program be received.

 

Leadership and Organisation

9        Service Specification Program                                                                                   36/35

PRC 44  RECOMMENDED on the MOTION of Councillor Kevin Crameri seconded Councillor Ross Fowler

That:

1.     The information contained in the report on the Service Specification Program be received

2.     The specification for the Library Services be adopted

3.     The specification for the Regulatory Control service be adopted.

 

10      Proposed Suburb Boundary Re-alignment - Luddenham, Badgerys Creek and Kemps Creek.                                                                                                                                             

PRC 45  RECOMMENDED on the MOTION of Councillor Steve Simat seconded Councillor Mark Davies

That:

1.     The information contained in the report on Proposed Suburb Boundary Re-alignment - Luddenham, Badgerys Creek and Kemps Creek be received

2.     A submission be made to the Geographical Names Board seeking the re-alignment of the boundary between the suburbs of Luddenham, Badgerys Creek and Kemps Creek as depicted on the attached plan.

There being no further business the Chairperson declared the meeting closed the time being 8:52PM.

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 26 June 2006 be adopted.

 


 

Item                                                                                                                                       Page

 

The City in its Broader Context

 

1        Penrith Valley Cultural Precinct - Architectural Services for Memorial Hall Upgrade              1

 

The City as a Social Place

 

2        Claremont Meadows Community Centre Extension Project                                                   7

 

3        Fee Structures for Neighbourhood Facilities                                                                        15

 

4        Perimeter Fence at Darcy Smith Oval, Emu Plains                                                               22

 

5        Penrith Performing and Visual Arts Ltd - Company Formation                                             24

 

6        Tender Number 19-05/06 - Provision of Lawn Maintenance                                               28

 

7        Development Application 05/1239 for an additional packing shed with carparking, loading and driveway area for an existing rural industry at Lot 15 DP 30265 (No. 1219 - 1231) Mamre Road, Kemps Creek. Applicant: Mosca Pserras Architects;  Owner: Kool Packers Pty Ltd DA05/1239               35

 

Leadership and Organisation

 

8        Telecommunications Services Tender Ref 15-05/06                                                            53

 

9        Amendment to Council's 2006 Meeting Calendar                                                                67

 

10      Regional Illegal Dumping Squad Delegations                                                                       68

 

11      State Cabinet Visit to Penrith - 16 May, 2006                                                                     71

 

12      Council Property - Electricity Easement for Padmount Substation on Open Space, Lot 8400, DP 1008395, Westerly Way, Glenmore Park                                                                           82

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City in its Broader Context

 

Item                                                                                                                                       Page

 

1        Penrith Valley Cultural Precinct - Architectural Services for Memorial Hall Upgrade              1

 

 



Ordinary Meeting

3 July 2006

The City in its Broader Context

 

 

The City in its Broader Context

 

 

1

Penrith Valley Cultural Precinct - Architectural Services for Memorial Hall Upgrade   

 

Compiled by:                Robert Paluzzano, Project Coordinator

Authorised by:             Craig Ross, Design and Technical Advice Manager 

Strategic Program Term Achievement: The Penrith Valley Cultural Precinct is completed and contributing to a vibrant urban village lifestyle in St Marys.

Critical Action: Complete the Penrith Valley Cultural Precinct at St Marys.

     

Purpose:

To provide Council with details on tenders received for architectural services for the Memorial Hall upgrade and the outcomes of the tender assessment process. The report recommends Suters Architects as the preferred consultant.

 

Background

The development of the Penrith Valley Cultural Precinct at St Marys is a major project and has an implementation program over an extended period.  Council has adopted a Precinct Masterplan, which has been a guide for Council’s implementation strategy.

 

Council’s Steering Committee met late last year and determined a scope of work for the next stage of the masterplan implementation.  Council at its meeting on 12 December 2005 endorsed that program of activities.

 

The Steering Committee agreed to a plan for Memorial Hall which included modifications and refurbishment to provide for new spaces for use by a range of community/cultural groups.  It was also agreed a brief be prepared and expressions of interest be sought from suitably qualified and experienced architects to further develop those concept plans to the stage where approvals could be granted and builders engaged to carry out that work.

 

Extensive advertising was undertaken, seeking expressions of interest for the architectural services.  The process was concluded at the end of March 2006 and a report was submitted to Council’s meeting on 15 May 2006 advising that seventeen (17) submissions had been received.

 

The submissions were assessed by a panel of relevant Council Officers against an adopted evaluation criteria.

 

That process resulted in seven (7) companies being nominated (and subsequently endorsed by Council) to submit a formal tender for the scope of architectural services outlined in the brief. 


The selected companies were:

 

·   Tonkin Zulaikha Greer Architects

·   Suters Architects

·   Collard Architects

·   Caldis Cook Group

·   Integrated Design Associates

·   Baker Kavanagh Architects

·   Lahznimmo Architects

 

Current Situation

 

A tender assessment panel comprising Council’s Urban Designer, Landscape Supervisor and Client Services Co-ordinator was established to assess the submissions received.  The tenderers were ranked according to how they scored against the selection criteria.  The submissions were to address the following:

 

Fees

 

The tenderer had to prepare and submit a fee proposal for each professional service with a break-up of costs.  A schedule was also to be completed.

 

Project Appraisal

 

The submission had to provide an outline of the project methodology.

 

Programme

 

A detailed programme was required to be submitted for the duration of the project, which identified key milestones and ‘sign-offs’.

 

The scope of the services required from the tenderers was:

 

·    the design development and documentation of stage one of the landscape masterplan, including one or a number of commissioned public art elements integrated into the landscape with the intent of increasing the “local-place” identity

·    the design development and documentation of the refurbishment of the Memorial Hall

·    the design development and documentation of new car parking facilities as shown on the masterplan

·    Traffic and Parking Analysis for the fully developed precinct (possible road closure of Collins Street for future parking and access only)

·    an assessment of existing services and future requirements for the fully developed precinct including liaison with relevant authorities.

 

The selection process has focussed on the tenderers qualifications, relevant experience, project appraisal/methodology and proposed professional fees.  In view of Council’s strong commitment to achieve better energy and water efficiency outcomes in its buildings, high value has been placed on demonstrated experience in, and the delivery of, sustainable design principles.

 

The following fees submissions were received:

 

Caldis Cook Group                                                                           $170,820.10

 

Suters Architects                                                                              $204,125.00

 

Baker Kavanagh Architects                                                               $209,580.00

 

Collard Architects                                                                             $238,260.00

 

Tonkin Zulaikha Greer Architects                                                      $307,400.00

 

Integrated Design Associates                                                   $327,790.50

 

Lahznimmo Architects                                                                       did not tender

 

Note:  The above prices do not include GST

 

Summary of Assessments

 

Given the variance in the fees received it was decided to interview the three lowest tenders these being Caldis Cook Group, Suters Architects and Baker Kavanagh Architects to establish that all components had been accommodated in their tender.

 

During the interview process the Caldis Cook Group advised that they wished to revise their tender as they had excluded part of the works from their original price.  Caldis Cook Group subsequently withdrew their tender. 

 

Suters Architects confirmed their original tender and the panel assessment was that Suters Architects and their sub-consultants have the skill, knowledge and resources to effectively design and document the project.  Their price was lower than Baker Kavanagh’s fee.

 

Conclusion

 

Submissions by way of expression of interest were received from seventeen (17) architectural consultants.  An Assessment Panel determined that the seven (7) top ranking consultants be invited to submit a fee proposal for Council’s consideration.  Council endorsed that action at its meeting on 15 May 2006.

 

The submissions from the seven (7) consultants have been assessed against selection criteria and the preferred consultant for the scope of work required is Suters Architects for a fee of $204,125 + GST.

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Valley Cultural Precinct - Architectural Services for Memorial Hall Upgrade be received

2.     Suters Architects be appointed as the specialist architects to complete design and documentation in accordance with their submission for a scope of work at Memorial Hall and adjacent site

3.     The unsuccessful consultants be thanked for their submissions.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


The City as a Social Place

 

Item                                                                                                                                       Page

 

2        Claremont Meadows Community Centre Extension Project                                                   7

 

3        Fee Structures for Neighbourhood Facilities                                                                        15

 

4        Perimeter Fence at Darcy Smith Oval, Emu Plains                                                               22

 

5        Penrith Performing and Visual Arts Ltd - Company Formation                                             24

 

6        Tender Number 19-05/06 - Provision of Lawn Maintenance                                               28

 

7        Development Application 05/1239 for an additional packing shed with carparking, loading and driveway area for an existing rural industry at Lot 15 DP 30265 (No. 1219 - 1231) Mamre Road, Kemps Creek. Applicant: Mosca Pserras Architects;  Owner: Kool Packers Pty Ltd DA05/1239               35

 

 



Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

2

Claremont Meadows Community Centre Extension Project   

 

Compiled by:                Katerina Tahija, Acting Social Planner

Authorised by:             Erich Weller, Community Development Manager 

Strategic Program Term Achievement: Effective responses are made to the social impacts of growth, redevelopment and change.

Critical Action: Assess the social impacts of urban change in both new release and established areas and develop planned responses.

     

Purpose:

To inform Council about the progress made in the planning and design process for the building extensions to the Claremont Meadows Community Centre.  The report recommends that Council endorse the concept design for the Claremont Meadows Community Centre extensions.  The report also recommends that Council endorse, subject to obtaining development consent, proceeding to tender for the project.

 

Background

In 2004, a comprehensive community facility needs assessment was conducted to ensure the effective use of the existing and future Section 94 community facility contributions to meet the needs of the local community of Claremont Meadows, including the expansion area.

 

At the Ordinary Meeting on 16 August 2004, Council resolved to proceed with a building extension on the current community centre to meet local needs. This project was included in the Claremont Meadow Stage 2 S94 plan, which was adopted by Council at the Ordinary Meeting on 13 December 2004.  A budget of $300,000 has been allocated for the building extension, with an additional 16% of the construction budget ($48,000) allocated for design, documentation and supervision.

Design Process

To progress the building extension, a Design Reference Group was convened in May 2005 to inform the development of the project.  The external stakeholders, who are the primary service providers using the current facility, include:

 

·    South Creek Youth Outreach Project - operating a part-time youth service from the current Claremont Meadows facility (auspiced by North St Marys Neighbourhood Centre)

·    St Marys Area Community Development Project- offering outreach programs at the Claremont Meadows facility

·    Community Access Care Pair- the office of this organisation is based in the current facility. This mobile service provides childcare to non-profit community groups across the LGA to support program delivery. 

 

The Design Reference Group also included relevant Council officers from Community Development, Design and Technical Advice, Facilities Operations, and Children’s Services.

Stakeholder Requirements

An audit of current users of the Claremont Meadows Community Centre has been conducted. Along with the service providers listed above, there is a range of community groups that use the current facility. In assessing the needs of current users and looking at proposed future activities by current service providers, the following list of requirements was established:

 

·    Multi-purpose space - as there are a number of social services using the facility, a multi-purpose space has the flexibility to be used by a variety of groups. Specific demand is for access to accommodate youth activities and outreach community programs.

·    Large office space for up to two staff - community and youth activities are provided by St Marys Community Development Project and South Creek Mobile Youth Service respectively on an outreach basis

·    Sufficient space to relocate current youth activities from the main hall to a more user friendly youth space

·    A space that could be used for community and youth service providers, freeing up the main hall for general community groups

·    Consideration of children’s needs

·    Inclusion of access issues

·    Sufficient storage space available.

 

The design reference group have met on a number of occasions during 2005/06 to develop an agreed design for the building extension, using the list of requirements as a guide.

Proposed Extension

The design for the building extension has been finalised. The building addition will extend northeast from the current building.  The site plan and concept design floor plan at Attachment 1 details the extension.

 

The extension will consist of:

 

·    A hall approximately 42 sqm in size adjacent to the current hall and kitchen area

·    Office space of approximately 17 sqm in size (suitable for 2 people)

·    Storage room approximately 8 sqm (relocation and reconfiguration of current storage allocation to enable more effective use of storage)

·    Baby change and parenting room approximately 10 sqm (relocation and expansion of current baby change room).

 

Further, there will improvements and upgrades to some of the current facilities that will benefit the community. These improvements include:

 

·    Refurbishment of current general toilet area

·    Improved disability access to the toilet area

·    Updating to the children’s toilet area

·    Additional car parking and improved accessibility

·    Improved landscaping.

 

There will also be opportunities to reuse existing building materials and structures in the extension, incorporating sustainability principles.

 

The final design as attached to this report (Attachment 1) has been endorsed by the Design Reference Group.

 

Current Users Accommodation Needs

 

It is anticipated that the building will not be available for community and service providers’ use from the start of September 2006 to the end of the year to enable the construction of the project. Alternative accommodation strategies are being developed to reduce any inconvenience and disruption to user groups and service providers during the construction period. Temporary relocation to other Council buildings and outreach programs will be implemented during this period.

Estimated Cost of Project

A review and costing of the design and detailed specifications of the building extension has been conducted by a quantity surveyor. The quantity surveyor estimated the cost of the building extension to the value of approximately $300,000.  

 

Financial Services Manager’s comment

 

Extensions to the existing Claremont Meadows Community Centre were included in the Claremont Meadow Stage 2 S94 plan.  An amount of  $300,000 is available within the plan for this purpose.  This is the same amount that the quantity surveyor has estimated that the project will cost.  Total funding will need to be confirmed once the final tenders have been assessed.

 

Architectural Supervisor’s Comments

 

The proposed extension to the Centre will match the existing architectural profile of the building. The over all addition and alteration is based on Environmentally Sustainable Design principles. The main internal spaces will be facing northeast and northwest to have a good amount of daylight and the proposed rainwater tank will collect most of the rainwater from the roof for reuse. The proposed landscaping in front of the Centre will enhance the visual quality of the development.

 

Children’s Services Manager’s Comments

 

Council’s Children’s Services Operating from the Community Centre

 

Council’s Mobile Pre-School operates a pre-school program from Claremont Meadows Community Centre on Tuesday and Wednesday each week in school term time.

 

Council’s Mobile Playvan, an unlicensed service for parents and children, operates a Play Session on a Friday morning in term time from Claremont Meadows Community Centre.

 

 

Temporary Arrangements for the Mobile Playvan

 

Consultations with the Claremont Meadows Primary School have revealed that it is unlikely that suitable space is available at the school for either mobile service.

 

The Mobile Playvan is a free service that usually operates in the parks and reserves.  For the duration of the extensions the area adjacent to the Myrtle Street soccer fields is being considered for the Friday morning session.

 

Temporary Arrangements for the Mobile Pre-School

 

The Mobile Pre-School must comply with NSW Children’s Services licensing requirements and must have a suitable building to conduct the pre-school service.

 

The St Marys Pre-School in Collins Street currently has vacancies and an unused room.  An investigation is being made into the possibility of the pre-school being temporarily relocated to St Marys Pre-School.

 

Consultations have commenced with the Department of Community Services regarding the proposed relocation and Pre-School parents are also being consulted about this option.  Current Mobile Pre-School staff would relocate to St Marys Pre-School to provide consistency for children and parents.

 

It may be that some support with transport might be necessary for parents who walk to and from the venue.  Options are being investigated including the provision of transportation by hiring a small bus.

 

There is no allocation for this cost in the Mobile Pre-School budget and any cost related to temporary relocation would need to be provided from the project budget.

 

Next Stage

 

If Council endorses the recommendations in this report a Development Application will be submitted for the construction of the project and, subject to approval, tenders sought.  A further report will then be submitted to Council on the tender process.  Concurrently the arrangement for continuity of service to the Mobile Pre-School users will be confirmed.

 

In the report to Council on the tender process, a final assessment of the budget available and cost of the project will be provided for Council’s consideration.

Summary

Resulting from a community facilities needs assessment in 2004, Council resolved to proceed with a building extension to the current Claremont Meadows Community Centre. A budget of $300,000 was allocated in the Claremont Meadow Stage 2 S94 plan, with an additional 16% available for design, documentation and supervision.

 

A Design Reference Group, consisting of community and Council participants, was formed to guide the design process.  An audit of current users of the Centre was conducted and proposed future activities were discussed. The results of the audit and related discussion were taken into consideration in the development of spatial and amenity requirements for the building extension. These requirements were incorporated into the concept design and were endorsed by the Design Reference Group.

 

It is anticipated that the current building will not be available for community use from September 2006 until the end of the year during the construction stage of the project and alternative arrangements are being finalised to accommodate current users. Specific accommodation arrangements are being organised by Council’s Children’s Services Department in relation to both the current Mobile Playvan and Mobile Pre-school services. All alternative arrangements are being made in consultation with the managers and users of each service.

 

If the recommendations to this report are endorsed by Council, the next stage will be, subject to DA approval, to commence the tender process.  A further report will be submitted to Council to seek approval for the successful tender as well as confirming the cost of the project and budget available.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Claremont Meadows Community Centre Extension Project be received

2.     Council endorse the agreed concept design for the Claremont Meadows Community Centre extensions

3.     Council endorse proceeding to tender stage, subject to obtaining development consent, for the Claremont Meadows Community Centre extensions project

4.     A further report be submitted to Council on the tender process.

 

ATTACHMENTS/APPENDICES

1. View

Site plan and Floor plan

2 Pages

Appendix

 


Ordinary Meeting

3 July 2006

Appendix 1 - Site plan and Floor plan

 

 

 


Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

3

Fee Structures for Neighbourhood Facilities   

 

Compiled by:                Tony Jarrett, Neighbourhood Facilities Coordinator

Authorised by:             Gary Dean, Facilities Operations Manager 

Strategic Program Term Achievement: Local centres, community meeting places and prominent meeting places are increasingly valued and recognised by communities as a focus of their neighbourhoods, or as a feature of the City.

Critical Action: Engage the City’s communities in identifying and creating community places that are valued and used.

     

Purpose:

To provide Council with information on the notional subsidisation of some community development activities and projects that currently do not pay fees for the use of community facilities. The Report also details a specific situation at Kingswood Neighbourhood Centre in relation to the use of that centre by the Connecting Communities - Penrith Central Project for community development activities.  The report recommends that Council endorse a more detailed examination of the current fee structures for neighbourhood facilities.

Background

There are 41 neighbourhood facilities in rural and urban areas across the city – 11 halls, 24 neighbourhood centres and community centres, 4 youth centres and 2 senior citizens centres. These facilities are a valuable resource to the community, providing formal and informal meeting places for residents, assisting in the creation of community hubs, magnetic places and cohesive communities.

 

Within those facilities there are 47 offices, of which nine are occupied by management committees of the facility. Community development organisations occupy 24 offices, with the remaining 14 offices available for use by other groups or organisations. The 41 neighbourhood facilities have a total of 85 activity spaces of varying sizes for hire within those 41 facilities, catering for groups from as little as 10 people, and up to 450. Attachment 1 includes a list of the facilities, the types of rooms available and the current management arrangements.

 

There are 9 community development organisations in the City, having a presence in 33 of the 41 facilities. Longstanding practices have seen that community development organisations have principally used any office space and activity space they require for the conduct of their particular programs free of charge although there are a handful of situations where community use rates are applied.

 

As operational costs for facilities continue to increase and the capacity to maintain revenue streams from existing users is more difficult, existing fee arrangements need further examination. The Community Development Department and the Facilities Operations Department have been collaborating to develop parameters for a new fees framework. That work is at an early stage, and has been brought into focus by the situation at Kingswood Neighbourhood Centre that is detailed later in the report.

 

From time to time Council is asked to consider requests for variations in fees due to questions of the capacity to pay and potential impact on a community development group’s viability to deliver services.

Operational management

Of the 41 neighbourhood facilities, 22 are directly managed by the Neighbourhood Facilities Team within the Facilities Operations Department. The remaining 19 facilities managed by the community are done so by a mix of community committees formed under Section 355 of the Local Government Act, and incorporated community organisations. As a recognition of the value placed on that community-based management, that occupation and use of space, within Council’s neighbourhood facilities, is done so without charge.

 

All community management groups delegated management under Section 377 of the Act are expected to adhere to fees as set out in Council’s adopted fees and charges documents. Notwithstanding those delegations, there have been known to be occasions when some discretion has been applied in the community’s interest.

 

All management groups meet similar needs to cover basic operational costs such as cleaning, utilities and services. The capacity to recover those costs can be variable, with a few centres returning significant surpluses while most struggle to break even. There are few community managed centres that have reserves to fund medium and longer term renewal or enhancement projects. Similarly, the variability of revenue for those directly managed centres means that significant cross subsidisation occurs between centres within the overall neighbourhood facilities function.

 

A greater emphasis is now placed on user pays principles than that which existed when the models of neighbourhood facility management and operation were established some decades ago. Financial demands is one element that is impacting on the continued viability of some management committees. Recruitment and retention of suitable volunteer committee members are also critical elements. The ongoing viability of community management is at risk in some instances due to increasing legislative demands and competing demands for volunteer community members.

 

The frequency of community organisation use can vary markedly between centres, and therefore significantly affect the revenue received and the average revenue per operating hour. For example, when analysed for the 2004/05 year, 980 hours of activity room use at the Werrington Downs Neighbourhood Centre returned $6,320, an average of $6.45 per used hour.

 

In comparison, the then newly renovated St Marys Community Centre had 3,266 activity hours that year – 3 times as much as Werrington - for revenue of $10,832.  This was an average of $3.31 per used hour. 2448 hours (75%) was used ‘at no cost’ - generated by particular community development activities organised by St Marys Area Community Development Project and Nepean Migrant Access who are both based at the St Marys Community Centre.

 

Using current community user rates, the notional subsidy of office use by community development organisations is estimated at $170,000 annually. The notional subsidy for free and reduced rate use of activity spaces has been estimated at $100,000 annually. During 2006-07 procedures will be put in place to more formally quantify this amount.

 

Included in the recently adopted 2006/2007 Management Plan - Fees and Charges the following statement was included to confirm Council’s current policy position:

 

Where community development projects occupy offices and/or use bookable spaces the rental component of the projects funding must be paid to Council.

Kingswood Neighbourhood Centre

Kingswood Neighbourhood Centre (KNHC) is managed by a Section 355 community committee. The centre does not currently accommodate a community development project. KNHC management committee have submitted that they do not have the authority not to charge fees for use of Office 2 and any activity space due to the fees and charges schedule adopted by Council.

 

The Connecting Communities - Penrith Central Project (CCPCP) are keen to commence delivery of their services from the Kingswood centre to complement and extend services currently being delivered from Kingswood Park to the community of Kingswood.

 

CCPCP is a three year Western Sydney Area Assistance Scheme (WSAAS) funded project auspiced by the Werrington Community Project.  In submitting this application for funding to WSAAS the Werrington Community Project included an allocation for hire of activity space in community centres.

 

The KNHC Committee have stated that the only issue affecting the CCPCP commencing at  Kingswood is that of the fees to be charged and received.

 

Notwithstanding that CCPCP is a community development project and that in most other situations access to offices and activity space in neighbourhood facilities would be at no cost - KNHC have determined that they should receive the full amount of rent and seek council’s support in achieving that outcome. The preliminary 2005/06 financial statements of KNHC show accumulated funds of around $29,000.

 

The CCPCP has 18 months of funding left to run and will conclude at the end of 2007. For the first six months operation, CCPCP expect to use Office 2 1 day per week for 26 weeks and use Meeting Rooms 1 and 2 one session per week in school terms, and each day in one week of the school holidays in October. The total value of anticipated use in 2006 is $2,308, with $1,179 being funded – the difference being $1,129.

 

Use of the Office and Meeting Rooms will increase in 2007, with the difference the value of use and funded component expected to be $2,536 for each half of 2007. The total difference in the 2006/07 year is expected to be $3,665.

Community Development Manager’s Comments

Community facilities such as neighbourhood centres, youth centres, and senior citizens centres play a valuable role in supporting local residents to participate in a broad range of activities, including aged support groups, hobby and interest groups, playgroups, after school activities for school aged children, church groups, youth programs and as well as local commercial fee for service activities such as dance classes, aerobics, karate and private functions.

 

Many of the neighbourhood and youth facilities were constructed utilising Section 94 developer contributions.  More recently Council has utilised general revenue to also construct neighbourhood centres or adapt existing Council buildings in some of the older areas of the City that did not have the benefit of Section 94 contributions.  These centres include Kingswood Park Neighbourhood Centre, St Marys Community Centre, Kingswood Neighbourhood Centre, and most recently North St Marys Neighbourhood Centre.  All these centres are located in suburbs or neighbourhoods with higher relative levels of socio-economic disadvantage and are part of Council’s broader social justice commitment to access and equity to services for residents in older established areas. 

 

It has been Council’s practice since Neighbourhood Centres were first constructed in the 1980’s that NSW Department of Community Services funded community and youth development projects have not paid rent or fees for use of activity space or offices in recognition of the value of those services to residents.  The partnership between Council and the State Government has been one where the local community and youth development projects have not received rent components in their funding.

Benefits of Community/Youth Development Projects

The importance of community development and youth development projects is much greater than the particular activities they undertake as part of their funding agreements with the Department of Community Services.  They provide an incorporated association that has the management and professional staff expertise to further contribute to local capacity building by, in many cases together with Council, identifying priority local social needs and applying for additional resources to meet these needs.

 

There are many excellent examples of service developments such as the Penrith Aboriginal and Torres Strait Islander Project auspiced by South Penrith Youth and Neighbourhood Services to enhance service provision to Aboriginal and Torres Strait Islander residents in the western half of the City.  This service has since expanded from its first funding in the second half of the 90’s to also access NSW Families First funding for family support activities.

 

Over the last five years many limited term Community Development Support Expenditure (CDSE) Scheme and Western Sydney Area Assistance Scheme projects have also been funded to deliver local services in local neighbourhoods.  Invariably the base for these are local neighbourhood facilities.

 

The Department of Community Services, along with most human service departments, requires funded organisations to target programs, activities and services to residents who are disadvantaged by not being able to afford to purchase social services in the marketplace.

 

Without the free access to office and activity space, community and youth development organisations may need to charge user fees which would impact on the affordability of the programs and activities and ultimately on their viability, with significant negative consequences for local community capacity building as well as lower utilisation of Council’s community facilities or attract further external funding to support the total cost.

Connecting Communities - Penrith Central Project 

The Penrith Central Project (CCPCP) has been established in response to the outcomes of a research project to investigate social needs and issues in the older, established suburbs of Kingswood, Kingswood Park, Lemongrove and Penrith central area. This Action Research was funded through the CDSE program. The research identified a wide range of community needs in this area, referred to as the Penrith Central area, and has suggested that these needs could be grouped under two distinct headings:

 

·    need for access to basic services, programs and activities

·    the lack of a sense of community and the need to build community connections

 

As a result of the research, the Werrington Community Project has been successful in receiving funds through the Western Sydney Area Assistance scheme for a three (3) year project ‘Connecting Communities – Penrith Central Project’. The project has 18 months to run. The primary aim of the project was to implement the Central Penrith Community Connectedness Plan which was developed as an outcome of the research project. The plan articulates a series of strategies and actions to build community connections and support the development of strong local communities.

 

A priority outcome identified in the plan is:

 

‘Encourage and support the Kingswood and Kingswood Park Neighbourhood Centres to be accessible to all groups in their local communities, in order to assist in improving the accessibility to these Neighbourhood Centres’ (Building Community Connectedness in Penrith Central – Werrington Community Project March 2005)

Office and Activity Space

The Penrith Central Project currently occupies office space on 1 day per week at the Kingswood Park Neighbourhood Centre and is seeking to similarly occupy office space at the Kingswood Neighbourhood Centre one day per week. The project will also be organising activities during both the term time and school holiday periods and will require access to activity and meeting room space in the centre for these purposes. The anticipated requirements for office accommodation and activity space are identified earlier in this report.

 

In response to Council requests, the Werrington Community Project, as sponsor of the CCPCP, applied for and was successful in receiving a component of the grant funds to cover costs for the office accommodation and activity space usage. This is an opportunity that is available as the project was funded through the Western Sydney Area Assistance Scheme (WSAAS). This opportunity has not generally been available in grants through the more usual Department of Community Services (DOCS) funding source for community development projects, the Community Services Grants Program (CSGP).  There has been extremely limited growth over the last ten years in the funding available through this program.

 

It has been broadly accepted across councils in NSW that Council often provides the community facility (Neighbourhood Centre, Youth Centre) which accommodates the project and the community development workers/staff are funded through the Department (DOCS). This is particularly so when Council premises are available or are constructed for this purpose.

 

Although the Penrith Central Project, in this case, is able to cover some costs for the office and activity space accommodation, it will not be enough to cover the amount specified in the fees and charges for the Kingswood Neighbourhood Centre.

Council’s Current Practice

Given that a number of community and youth development projects have over a number of years expressed concerns about the negative impact of charging fees for community and youth development projects, any proposed change to current practice should involve extensive consultation with these key community partners of Council.

Financial Services Manager’s Comments

There is no scope within the existing budget to provide any subsidised funding for the CCPCP funding.  A policy for the provision of subsidised rental to charitable or not-for-profit groups should be produced for consideration by Council.  At the same time, the interests of the Management Committees need to be considered as there are outgoings related to the management of the centres which are met by the fees from room fees.  Thirty three of the 41 neighbourhood facilities have similar notional subsidy issues which are currently being carried by the management committee.

Options for a new fee structure

Significant work remains to develop an appropriate contemporary fee structure for neighbourhood facilities. Some options might include:

 

·    maintaining the current (non-profit and profit) structures, as well as retaining the current practice of community project organisations continuing to access offices and activity spaces for no cost

·    formally subsidising both the community based and direct (Council) managers of the centres for any foregone revenue related to use by community development organisations

·    a nominal or progressive scale of (non-profit and profit) fees that applies to all users, including community development organisations.

Suggested Actions

Any proposed changes to existing arrangements would require extensive consultation, as well as discussions with the principal funder of most of the social services operating from neighbourhood facilities. The introduction of new fees would be expected to generate a strong response from stakeholders.

 

As such, the development of a fee structure that fits somewhere between full user-pays and Council directly subsidising the current notional subsidies will take some time.

 

In the immediate instance, the Kingswood Neighbourhood Centre Committee have put forward that the scheduled fee should be applied to all users in all spaces. In this case, the CCPCP have been funded to contribute $3,019 for use of Office 2 and meeting rooms at Kingswood Neighbourhood Centre in 2006/07 – a difference of $3,665 compared to the scheduled fees. That difference is estimated to be $2,536 in the first half of 2007/08 until the project concludes.

 

Given the current practice of not applying fees to most community development project activities across neighbourhood facilities, it would be unreasonable to expect CCPCP to pay full fees. It is noted that CCPCP sought and were provided funds as a contribution to office and meeting space fees.

 

On the other hand, KNHC expect to recover the full fees. There are no sources of funds within the Facilities Operations Department to cover this difference of $3,665 in 2006/07 (or a total of $6,201 for the duration of the 18 month funded project), and would in effect require transfer of operational funds from all other centres for the benefit of one centre, being Kingswood.

 

For the longer term, and preferably for commencement in the 2007/08 Management Plan, a revised neighbourhood facilities fee structure should be developed that considers application of fees for all users and occupiers. Elements of that work would include quantifying the extent of current effective subsidies, and undertaking a participatory process involving affected users. The fee structure will also need to consider how best to recognise existing funding arrangements for certain community development projects.

 

This report on the fees structure for community groups focuses only on their occupation and use of Council’s neighbourhood facilities.  There are other similar groups occupying space within Council owned buildings that are “operational” within the Property Development Manager’s property portfolio.  The review that is being recommended in this report should also apply across Council’s “operational” property portfolio.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Fee Structures for Neighbourhood Facilities be received

2.     Fee structures for neighbourhood facilities be further investigated and reported back to Council.

 

ATTACHMENTS/APPENDICES

1.  

Neighbourhood Facilities - spaces and offices

1 Page

Attachment

 


Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

4

Perimeter Fence at Darcy Smith Oval, Emu Plains   

 

Compiled by:                Wendy Marks, Parks Administration Officer; Lindsay Clarke, Parks Coordinator

Authorised by:             Raphael Collins, Parks Construction & Maintenance Manager 

Strategic Program Term Achievement: The City’s recreation and leisure facilities and services meet its needs and are optimally used.

Critical Action: Facilitate joint use of the City’s recreation and leisure facilities, including co-location of programs.

     

Purpose:

To advise Council on the feasibility and costs to provide a perimeter fence around the Darcy Smith Cricket Oval at Emu Plains. The report recommends that the information contained in the report on a perimeter fence at Darcy Smith Oval, Emu Plains be received.

Background

The Nepean District Cricket Association (NDCA) uses the turf wicket at Darcy Smith Oval for their competition matches during the summer season.  The Emu Plains Soccer Club also uses the oval for soccer matches during the winter season. 

 

Council will recall that at the Ordinary Meeting on 6 February 2006 a report was presented detailing a proposal from the Nepean District Cricket Association for a perimeter fence to be erected around the cricket wicket at Darcy Smith Oval at Emu Plains to prevent access onto the oval by vehicles and to accommodate representative cricket fixtures.  The Association are prepared to contribute half the cost of the fence.  The resolution of the meeting on 6 February was that the proposal be re-examined following a site inspection once the soccer fields were marked out.

 

This site inspection was carried out on 15 May 2006, with Councillors Sheehy and McKeown in attendance, as well as representatives from the Nepean District Cricket Association, Emu Plains Soccer Club and Council Officers.

Current Situation

The site meeting determined that an oval or circular perimeter fence was not possible due to the location of the soccer fields and a drainage swale around the oval.  The Soccer Club representatives provided information on the clearance required from the side-line of the soccer fields to a fixed structure such as a fence.  Based on this information, it was determined that a perimeter fence was possible, however, the fence would need to be longer than the previous proposal and would be a slightly irregular shape.

 

The perimeter fence would need to encroach into the drainage swale for several metres at a few locations.  It was agreed that the top of the fence should remain uniform and this would require some fence panels to have varying heights.  These varying height fence panels will need to be specially manufactured at a greater cost.

 

Based on the agreed position of the perimeter fence, Council’s preferred fencing contractor has provided a quotation for the work.  The quotation to supply and erect the fence, 500m long, including 2 single and 1 double gate is $81,400.00 (incl GST).  It is anticipated that control of the gates would be the responsibility of the seasonal hirers.

 

This proposed fence does not “cut through” any of the soccer fields and provides the necessary clearance from the fields as nominated by the soccer club.

 

As previously advised, the NDCA has indicated that is prepared to contribute half the cost of the fence.  Based on the current quotation, this contribution would be $40,700.00 (incl GST).

Acting Financial Services Manager’s Comments

Council’s proportion of the cost has not been allocated in the 2006/2007 Management Plan.  With no identified funding source consideration could be given to funding Council’s share from any surplus that may arise through the finalisation of the 2005/2006 Financial Year or any future budget savings.

 

 

RECOMMENDATION

That the information contained in the report on Perimeter Fence at Darcy Smith Oval, Emu Plains be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

5

Penrith Performing and Visual Arts Ltd - Company Formation   

 

Compiled by:                Gary Dean, Facilities Operations Manager

Authorised by:             Steve Hackett, Director - City Services 

Strategic Program Term Achievement: The cultural assets of the City have been integrated to establish its reputation as a creative place.

Critical Action: Further integrate the City’s principal cultural facilities to maximise community benefit.

     

Purpose:

To advise Council of the nominations received for appointment to the new Cultural Board and determination by the Council assessment panel of those nominations.  The report recommends the appointment of Directors for that new Company and the adoption of the Constitution for "Penrith Performing and Visual Arts Ltd".

 

Background

Council agreed to the reformation of the Arts Project Working Party to address a task in the Management Plan regarding the Integration of the City’s principal cultural facilities.  In addition to nominated Councillors, the Working Party comprised representation from the Boards of the Penrith Regional Gallery and Lewers Bequest (PRG&LB) and the Joan Sutherland Performing Arts Centre (JSPAC).

 

The Working Party has met on several occasions, the outcomes of which have been reported to Council.

 

In particular, the report to Council on 15 May 2006 dealt with the proposed composition of the new Company.  A draft Company structure had been developed by the Working Party.  Council, in its consideration of the Working Party’s recommendation identified some amendments which were subsequently endorsed by Council.  The adopted Company structure is included in the attachments.

 

Council at that meeting also dealt with the draft Constitution which had been prepared.  In addition to the matters raised in the report, Council also considered representations that had been received from Ms Darani Lewers, Ms Tanya Crothers and Ms Carolynne Skinner regarding the draft Constitution – copies of those representations were distributed separately to the Councillors.  Council endorsed that draft Constitution – subject to approval of the JSPAC Board.

 

Subsequent to Council’s meeting, submissions were received from several JSPAC Board members recommending some changes to the draft Constitution that had been endorsed by Council.  Following consideration by Council officers of those submissions, further amendments were made to the draft Constitution.  Also, at the last JSPAC Board meeting some further amendments were requested.  They have now been included in the draft document.

 

Further representations were made to Council (and separately to Councillors) by Ms Darani Lewers and Ms Tanya Crothers regarding the composition of the proposed Company structure.  In particular, concern was raised that there is no representative of the Lewers family provided for on the new Board.  An information report was presented to Council’s meeting on 19 June 2006 addressing the issues raised in those representations.  Ms Lewers and Ms Crothers took the opportunity to formally address Council at that meeting.  Council resolved to receive the report and note the information contained therein.

 

The draft Constitution (a copy of which is included in the attachments) should now be formally adopted by Council.

 

A process for the selection of the new Penrith Performing and Visual Arts Limited Board  was endorsed by Council and the officers directed to commence that process.  Selection criteria was developed and the Assessment Panel nominated.

 

Formation of the Board

 

The Constitution provides:

 

There shall be a Board of Directors of up to fifteen (15) directors, all of whom shall be appointed by the Council (each director being a natural person and at least 18 years old), consisting of:

 

(i)         Not more than five (5) of the Directors will be Council Directors of whom:
                     

(a)      Not more than four (4) are to be Councillors of the Council;
 

(b)      One is to be the General Manager or his/her nominee.

 

(ii)        up to ten (10) other appointed Directors, who shall not be Council Directors.”

 

Assessment / Selection Panel

 

Council, at its meeting on 15 May 2006, determined that the Assessment/Selection Panel shall comprise His Worship the Mayor, Councillor John Thain, Councillors Fowler, Greenow, McKeown and Sheehy, Council’s General Manager, Mr Alan Travers, and an independent.  Ms Kim Spinks, Manager, Arts Strategy / Coordination – Arts NSW was invited to be the independent Panel member.

 

Selection Criteria

 

Council endorsed the following:

 

·   Experience / knowledge of the visual arts, theatre, music (either in the areas of performing or teaching) or administration background in the arts or relevant business, marketing or entrepreneurial management.

 

·   Demonstrated relationship or interest in the region to which the proposed new Board would provide cultural activities.

 

Advertising

 

Nominations were invited from interested persons by way of advertisements appearing in:

 

·    Penrith Press (30/5/06 and 6/6/06)

·    Blue Mountains Gazette (30/5/06 and 6/6/06)

·    Hawkesbury Gazette (31/5/06 and 7/6/06)

·    Western Weekender (2/6/06 and 9/6/06)

 

Also, in accordance with Council’s resolution, copies of the nomination forms were forwarded to the current Board members of the JSPAC and PRG&LB.

 

Outcomes of the Selection Process

 

A total of twenty-nine (29) nominations were received.  The Assessment / Selection Panel met on 26 June 2006 to consider the submissions received.  It was encouraging to receive the level of interest in becoming a Board member, and the general quality of those twenty-nine (29) nominees.  The Panel had a difficult task in finalising its preferred nominees.

 

The Panel has recommended that the following ten (10) nominees be submitted to Council for appointment to the new Board.

 

1.

Mr Peter Anderson AM

6.

Ms Barbara Magee

2.

Ms Gillian Appleton

7.

Mr Bruce McDonald

3.

Ms Lynette Sheridan Burns

8.

Mr John Mullane

4.

Ms Cathy Jarman

9.

Mr Dennis Rice

5.

Mr Tony Lackey

10.

Ms Fiona Steel

 

Other Board Members

 

Council should select four (4) Councillors to be Board members.

 

The General Manager’s nomination to the Board is the Director – City Services, Mr Steve Hackett.

 

Conclusion

 

An extensive body of work has been undertaken by the Arts Project Working Party in its investigations and subsequent formation of this new City-wide cultural Board.  The merging of the existing two Boards will create greater community benefit.  Council, in the development of its 2005-2009 Strategic Plan highlighted that a stronger, integrated cultural Board with a strong focus on culture and which represented its regional significance would have more muscle, be able to improve strategic networks and hence increase its ability to receive funding and sponsorship rather than a group of smaller ad hoc Boards.

 

The Department of the Arts, Sport and Recreation is supportive of Council’s proposal and see it as a model.

 

Council has determined that this new integrated cultural entity will be known as “Penrith Performing and Visual Arts Ltd”.

 

Council received twenty-nine (29) applications for consideration for appointment to the new cultural Board.  Only ten (10) could be selected from the high quality of nominees received.

 

Underpinning this new Board is a number of Advisory Committees, which will be determined by this new Board.  Many of the unsuccessful nominees would be well qualified (if willing) to form part of those Committees.  This advice will be forwarded to those nominees and their details communicated to the Chairperson of the new Board.  Those nominees should also be thanked for their interest in this Council cultural initiative.

 

The formation of this new Company is just one of many current initiatives of Council with a cultural focus.  In recent times we have witnessed the completion of the JSPAC Extensions and the installation of the new management structure and expanded cultural program, the completion of the city-wide cultural planning framework, the commencement of the capital improvements at the Penrith Regional Gallery and Lewers Bequest and the further advancement of Council’s vision for the Penrith Valley Cultural Precinct at St Marys.

 

Another initiative felt worthy of consideration, is the appointment of Patrons for the several art forms that are now emerging and gaining recognition across the City and the wider region.  This idea arose during the Panels consideration of the above applications.  If Council considers this matter has merit, then Council officers would investigate opportunities and bring a further report to Council.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Performing and Visual Arts Ltd - Company Formation be received.

2.     Council adopt the Constitution of the “Penrith Performing and Visual Arts Ltd”.

3.     Council appoint Mr Peter Anderson, Ms Gillian Appleton, Ms Lynette Sheridan Burns, Ms Cathy Jarman, Mr Tony Lackey, Ms Barbara Magee, Mr Bruce McDonald, Mr John Mullane, Mr Dennis Rice and Ms Fiona Steel to the Board of “Penrith Performing and Visual Arts Ltd” and that they be congratulated on their success.

4.     Council nominate four (4) Councillors as members of the Board of “Penrith Performing and Visual Arts Ltd”.

5.     The General Manager’s nominee to the Board of the “Penrith Performing and Visual Arts Ltd” be the Director – City Services, Mr Steve Hackett.

6.     Those unsuccessful nominees be thanked for their interest and be advised that Council will request the new cultural Board to consider their appointment to one of the Advisory Committees.

 

ATTACHMENTS/APPENDICES

1.  

Penrith Performing and Visual Arts Ltd - Company Structure

1 Page

Attachment

2.  

Penrith Performing and Visual Arts Ltd Constitution

13 Pages

Attachment

 


Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

6

Tender Number 19-05/06 - Provision of Lawn Maintenance   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator; Kim Nasner, Children's Services Coordinator; Harry Brown, Supply Officer

Authorised by:             Vicki O’Kelly, Financial Services Manager; Denise Gibson, Children’s Services Manager 

Strategic Program Term Achievement: Services are provided to meet the diverse needs of families and to support the development of children.

Critical Action: Deliver Council's Children's Services to meet the current and emerging needs of families and children.

     

Purpose:

To seek endorsement to proceed with the implementation of a Supply Contract for the provision of Lawn Maintenance to all Child Care Centres for a period of 2 years with an option to extend for a further 1 year period subject to satisfactory performance.  This report was previously reported to the Ordinary Meeting of 19 June 2006.  Additional information has now been included regarding industrial relations.  The report recommends that the offer submitted by Stardel Total Cleaning & Maintenance Services be accepted.

 

Background

At present the Lawn Maintenance services of all centres is being carried out by a variety of companies that have been engaged on a centre-by-centre basis. There are no formal agreements in place with existing contractors.

 

Because of the high annual cost and the fragmentation of service standards Lawn Maintenance services along with Cleaning Services were 2 key areas targeted for review during 2004.

 

Both of these services were identified, as a major item of expenditure and an opportunity existed to reduce costs and to adopt a standard approach for all centres that would provide a number of benefits to Council.

 

During 2004 Tenders were advertised for Cleaning Services and a new contract implemented during 2005.

 

Following the completion of this tender it was proposed that Lawn Maintenance be tendered during 2006.

 

Each centre was consulted through a survey to ascertain individual requirements. The survey addressed preferred times, frequency of service and any specific requirements.

Following the survey a Tender specification was formulated and finalized in consultation with all Children’s Services coordinators.

 

Tenders for the provision of Lawn Maintenance Services for a two- (2) year period with an option to extend for further 1-year period including for rise and fall provisions and were advertised during February 2006 closed on Tuesday, 21 March 2006.

 

It was proposed in the Tender documents that Council might select one or a number of suppliers to perform the specified service. It was also stated that Council reserves the right to establish a short list of companies with the view of carrying out a further evaluation.

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria.

Tender Evaluation Committee

The Tender Evaluation committee consisted of Mal Ackerman, Supply Co-ordinator, Harry Brown (Supply Officer) & Kim Nasner (CS Coordinator)

Tender Evaluation Criteria

The selection criteria advertised and used in selecting the successful tenderers were as follows except for Mandatory criteria all other criteria was weighted according to the relevant importance:

 

·    Conformance to relevant standards/specified requirements

·    Relevant Experience

·    Previous work history (if available)

·    Plant, Equipment & Resources

·    Safety, OH&S & Environmental considerations

·    Cost

·    Relevant Insurances (Mandatory)

Specification

The tender specification required the following standard services to be performed at each centre. Each of the standard services is to be performed fortnightly during the period October to March and monthly during the period April to September.

 

-     Edge Trimming

-     Mowing of Grass

-     Blower/Vacuuming

-     Water Lawns and Gardens

-     Rake Sand Pits

-     Remove all grass clippings and rubbish as a resulting in the performance of the services.

 

The following additional work was also specified however this is not included in the initial cost table, this work is to be performed on an hourly rate basis as required by each centre.

 

-     Trim shrubs.

-     Weed garden beds, etc.

-     Top up sand pits.

-     Replace small plants and shrubs in garden beds.

-     Clean guttering of building.

-     Pressure clean paths; veranda’s; and soft fall areas and shade covering around play areas.

-     Bindi Treat all lawn areas.

-     Fertilise all lawn areas.

-     Top-dress all lawn areas.

Summary of tenders received

A total of 24 offers were received in response to the advertised tender the list of companies who submitted offers is contained in the evaluation summary sheets refer Table 1 below.

A tender from Programmed Maintenance Services was received after the closing time and was therefore excluded from the final evaluation.

Criteria Evaluation

Following the evaluation of the submissions the evaluation committee determined a ranking of companies based on their demonstrated compliance against each of the evaluation criteria. Each score indicated in the table below (Table 1) is the compliance rating out of 100.

 

Not all companies submitted an offer for every centre; of the 24 offers evaluated 17 of these submitted a tender for all centres. The remaining 8 offers submitted an offer for a lesser quantity. To determine the price ranking each offer was broken down to an average annual cost per centre. The table below also indicates the ranking (by cost & compliance) of all companies from lowest to highest.

 

Unless a major advantage can be obtained by splitting the work between various contractors the preferred option is to select one company to perform all the services for all centres for ease of administration and project management purposes. Therefore those companies who only offered for part of the centres were not considered as highly ranked.

Conflicts of Interest

There were no declared conflicts of interest from any of the tenders submitted.


 

Table 1 Cost & Compliance


General Comments

The tenders received from companies ranked 1, 2 & 3 achieved a high compliance score and offered competitive average weekly rates along with competitive hourly rates. Whilst Grey Army and Clean ‘n’ Green also submitted competitive rates for the regular lawn maintenance the hourly rates for addition work were 25-45% higher than those ranked above them.

 

Stardel were ranked higher than Risco Australia due to the large difference in the hourly rate applicable for miscellaneous maintenance work. All others offers submitted were too high in cost or did not fully demonstrate their capacity in meeting the tender requirements.

 

Based on the finalised rankings the following companies were short listed for further analysis. The option for further assessment of short listed companies was provided for in the tender specifications.

 

Stardel Total Cleaning & Maintenance Services

 

Stardel are based in Silverwater NSW and have been operating for 20 years in total. The lawn maintenance part of the business has been in operation for 5 years they currently perform similar services for a number of clients including Sydney Domestic Airport, Penrith Medical & Fitness Centre and Clean City Services. They currently have 2 teams of 2 with an additional pool of 7 staff and have a reasonable pool of equipment including ride on mowers, push mowers, blower vacs, pressure cleaners, brush cutters, etc.

 

Risco Australia Pty Ltd

 

Risco are based in Parramatta and have been operating for a period of 4 years. Their major clients include Department of Housing, Reliance Services and Max Tax. They employ 8 staff including 2 supervisors and 1 manager. The type and range of equipment owned is similar to that of Stardel.

 

Casha’s Cleaning

 

Casha’s Cleaning are based in Castlereagh and have been operating for a period of 7 years.

They have a number of long-term clients including Humes, Boral and Department of Housing. They employ 4 staff and have a large pool of equipment including 8 push mowers and a ride on mower along with an array of standard gardening equipment.

Final Interviews

All short listed companies were invited to attend an interview to further discuss their work methods and planned or existing resources available to adequately perform the services.

Each company was requested to respond to a series of standard questions relating to the work specified.

 

Both Stardel and Casha’s demonstrated their capability in carrying out the work specified and all indicated valid methods of approach and demonstrated sufficient experience and resources necessary to perform the services.

 

Risco Australia Pty Ltd did not fully convince the evaluation panel of their confidence in the methods to be adopted in executing the services. From the information provided the overall costs has the potential to be considerably higher in the long run because of the higher hourly rate for unscheduled maintenance work. From the information provided and considering the lower hourly rate used in the calculation of the fixed price portion of their tender it is considered that they have not allowed sufficient time for the regular specified work to be completed to the quality and standard of workmanship required.

Details of Referee Reports

For each company short-listed a total of 3 referees were contacted. Overall the referee reports for both Stardel and Casha have indicated a high rating on overall satisfaction for similar services being performed. Risco Australia received an acceptable rating from 2 of the referees contacted. Department of Housing indicated that they had some problems with this company in regard to instructions not being followed along with quality of work; they did however state that this aspect had been rectified in recent times.

Industrial Relations

Consultation

A presentation was given at a recent network meeting to all Children’s Services centre Directors. At that meeting all attendees were provided with a status report in regard to the tender and the possible outcome. This also provided an opportunity for all centres to raise any issues or concerns in regard to the establishment of the new arrangements. The main concern was to ensure that a high standard of service would be maintained throughout the contract period.

 

The tender clearly sets out the need for continual review of performance during the term of the agreement. Prior to the proposed contractor commencing work the Supply Coordinator undertook to ensure that key performance indicators would be established along with a service level agreement. This would include the need for regular inspections and written reports provided on a standardised report card that would be completed by each centre. All centres would be further consulted prior to implementation. The Children’s Services Operations Manager and the Supply Coordinator will carry out the monitoring of contractor performance jointly.

 

The information concerning the final evaluation of tenders and the recommended outcome was presented to the Children’s Services Co operative who supported the recommendations of the evaluation committee.

Industrial Relations

Under the terms of engagement the successful tenderer is required to comply with Industrial Relations Act 1996 and Workplace Relations Amendment (WorkChoices) Act 2005

It also states that:

·    The Contractor must observe all laws creating employee entitlements including enterprise or workplace agreements and Industrial awards applicable to the Contractor’s employees.

·    The Contractor must provide upon request by Council or the Supervising Officer evidence of any workplace or enterprise agreement or industrial awards in place with relevant unions or groups of employees that cover employees performing Services under this Contract.

 

Provisions for payment clauses also include the following requirements.

All invoices are to have a statement relating to Section 127 of the Industrial Relations Act inserted on the invoice or accompanying the invoice relating to the payment of employees wages.  Failure to provide such statement will render the Council not liable to pay on the invoice.

Summary

The offer received from Stardel represents the best value for money solution for Council and is recommended for acceptance. The table below sets out a final comparison of cost including estimates for miscellaneous services. The total cost for miscellaneous services is based on an estimated minimum of 800 hours for all centres.

 

All staff employed by Stardel are currently working under the Landscape Gardeners State Award Code 420.

 

 

Company

Lawn Maintenance

Miscellaneous Services

Total Annual Cost

Stardel

50,768

19,600

70,368

Risco Aust

37,715

29,600

67,315

Casha’s

76,323

32,000

108,323

 

The total budget allocated for this service is $81,000.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Number 19-05/06 - Provision of Lawn Maintenance be received

2.     A contract be awarded to Stardel Total Cleaning & Maintenance Services for a period of 2 years with an option to extend the arrangements for a further 1-year period subject to satisfactory performance and the successful completion of an initial 6-month trial period.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 July 2006

The City as a Social Place

 

 

The City as a Social Place

 

 

7

Development Application 05/1239 for an additional packing shed with carparking, loading and driveway area for an existing rural industry at Lot 15 DP 30265 (No. 1219 - 1231) Mamre Road, Kemps Creek  Applicant:  Mosca Pserras Architects;  Owner:  Kool Packers Pty Ltd   

DA05/1239

Compiled by:                Karen Kirk, Environmental Planner

Authorised by:             Paul Lemm, Development Assessment Manager

Requested By:             Councillor Greg Davies

Strategic Program Term Achievement: A network is advancing best practice commercial rural land use.

Critical Action: Promote leading practice rural land use and sustainable, commercially viable agriculture activities that are consistent with the Rural Lands Strategy through partnerships and networks.

     

Purpose:

To enable Council to determine an application for an additional packing shed, with signage and carparking area associated with the existing approved rural industry.  The report recommends that the application be approved.

 

Background

A rural industry for the packing of fruit was approved by Council in 1997 in accordance with DA97/0203 and currently operates within a 1330m² shed on the site. Council is in receipt of a development application for an additional packing shed, to expand the existing rural industry that operates from the site.

The Site and Surrounds

The site is predominately rural in character, comprising an area of 2.3 hectares with vegetation forming a curtilage around the existing shed with the remainder of the property being open paddocks. The site slopes gently to the west towards Kemps Creek, with the surrounding locality being a combination of rural industries and rural residential allotments.

Proposal

This application seeks approval for an additional packing shed on the site, signage and additional car parking. The proposed shed is 1730m² in area, and is to consist of a 1260m² area to be used for packing pre-washed fruit and vegetables. The shed will also provide a staff amenities area and two cool rooms. A loading ramp and a covered 250m² loading zone is to be provided to the rear of the proposed shed, and an additional 25 car park spaces are to be provided adjacent to the proposed shed, in addition to the existing 12 car park spaces already provided on site. The existing on site sewer management system will service the proposal.

 

The new structure is to be constructed with a steel frame and green non-reflective colour bond cladding for the walls and roof consistent with the existing shed.  Two business identification signs are located either side of the existing driveway, setback 2.0m from Mamre Road. The signage panels each measure 2m² in size and are 4.0m in length, 0.5m in height and stand 1.3m from natural ground level. As the signage on the site exists without Council approval, both signs are included in this development application.

 

The application also seeks approval to remove four existing eucalypt trees as part of this development proposal. Of the four, one Corymbia citriodora (Lemon Scented Gum) is mature, measures 14m in height and is of good to fair condition. An arborist report provided with the development application has stated that due to existing cracks, the tree is not sustainable, and that although the removal of the tree will have some visual impact on the local amenity, planting of a greater number and suitable replacement trees will be possible.

 

A landscape plan has been lodged that proposes a number of new plantings on the site, particularly within the front setback, including nine Eucalyptus molucanna (Grey Box), seven Casuarina glauca (Swamp Oak trees) and various shrubs and groundcovers.

 

Plans of the development and a locality plan are included as appendices to this report.

Planning Assessment

The application has been assessed against relevant heads of consideration pursuant to Section 79C of the Environmental Planning and Assessment Act, 1979 (the Act) and the following key issues have emerged:

 

1.       Section 79C(1)(a)(i) – Any Environmental Planning Instrument

 

Sydney Regional Environmental Plan No.20 – Hawkesbury-Nepean River (SREP 20)

 

The provisions of SREP 20 apply to the property as it falls within the Hawkesbury-Nepean River Catchment. SREP 20 aims to protect the environment of the Hawkesbury-Nepean River by ensuring that the impacts of future land uses are considered in a regional context. Of most relevance to the proposal is the potential impact on water quality.

 

The erection of the proposed shed will be above the flood level and will not impact on groundwater quality. Section 3.4 of this report discusses the existing on-site biocycle septic system and the increase in effluent generated by the proposal.

 

The proposal is not expected to have an adverse cumulative impact on the Hawkesbury-Nepean River system and meets the requirements of SREP 20, subject to recommended standard conditions including for sediment and erosion control measures.

State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64)

 

The provisions of SEPP 64 apply to all land and structures within the state and provide special provision for advertising visible from designated roads such as Mamre Road. SEPP 64 aims to ensure that:

 

·    Signage is compatible with the desired amenity and visual character of an area

·    Signage provides effective communication in suitable locations

·    Signage is of high quality design and finish

 

The existing unauthorised signage relates to an approved activity that is operating on the site. The signage is located wholly within the property and does not impede pedestrian access or result in a traffic hazard. The siting and design of the signage does not impact on the surrounding amenity, and is compatible with the rural character of the area.  In this case, the two business identification signs that have been erected are rural in character replicating post and rail fencing.

 

With regards to SEPP 64, the existing signage is consistent with the provisions, meeting the Schedule 1 Assessment Criteria and complying with the requirements of Council’s Signage DCP as required by Clause 15 of the SEPP, which relates to rural zones. The existing signage is compatible with the surrounding amenity, and is of low scale that does not detract from the visual character of the area, and is therefore considered to be worthy of support.

 

Penrith Local Environmental Plan 201 - Rural Lands (Rural Lands LEP)

 

The land is zoned Rural 1(b) (Rural ‘B’ Zone –Smallholdings) under the provisions of the Rural Lands LEP. The proposal is defined as a ‘Rural Industry’ which is permitted with consent and means ‘handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality’.

 

The proposal seeks to expand the existing rural industry on site by erecting an additional packing shed. Council must be sure that the proposal represents a rural industry packing primary goods for transport and not a distribution facility for products arriving from markets outside the local area. In this regard, case law (M & B Worp v. Penrith City Council, No. 11103 of 2000) suggests that the ‘locality’ with regards to a rural industry may encompass an area including a 30km radius from the site.

 

In this case, the applicant has provided a list of existing suppliers that deliver to the site from farms / market gardens in Horsley Park, Castlereagh, Kemps Creek, Schofields, Berkshire Park, Woodcroft, Catherine Fields, Riverstone and Leppington. Of these suppliers, 7 out of 9 fall within a 30km radius from 1219 Mamre Road. It can therefore be concluded that the proposal’s current and proposed operations are categorized as ‘rural industry’ and in doing so, meets the requirements of packing primary products supplied by the surrounding locality.

 

The proposal is consistent with the relevant objectives of the Rural ‘B’ zone as follows:

 

a)  to protect and enhance the scenic quality and rural character of the locality;

 

The erection of the packing shed as proposed is consistent with the existing rural character of the locality. It represents a reasonable expansion of built form within the curtilage of the existing facility with a roof form, materials and finishes appropriate to the rural setting.

 

b)  to ensure that development does not create unreasonable demands, now or in the future, for provision or extension of public amenities or services;

 

The proposal does not generate unreasonable demand for public amenities or services. On-site effluent disposal is accommodated adequately, water and power can be provided subject to standard conditions requiring the developer to meet any upgrade requirements of relevant authorities.

 

c)  to ensure traffic generating developments are suitably located so as not to adversely affect the safety and efficiency of roads;

 

The increased movement of trucks in and out of the site is not likely to reduce vehicle safety. Sight distances at the existing driveway in both directions on Mamre Road are clear and unobstructed. Furthermore, the proposal provides a new turning and loading area towards the rear of the proposed shed that enables all vehicles to enter and exit the site in a forward direction. The safety and efficiency of Mamre Road will not be compromised as a result of this development.

 

Clause 19 of the Rural Lands LEP lists (under Schedule 3) a number of uses that are not permissible on the site due to Mamre Road being classified as a designated road. A use for ‘Rural Industry’ is not included in the Schedule 3 listing; hence the proposal is permissible in this locality.

 

The proposal is likely to generate traffic associated with the expansion of the rural industry these impacts are discussed in ‘Access and Parking’.

 

d)  to ensure that the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of these localities;

 

The colours and materials of the proposed shed are consistent with those of the existing   shed on site, and new plantings are to provide increased vegetative screening. The proposed siting including the finished level of the shed is in keeping with existing buildings and will not detract from the scenic qualities of the locality.

 

e) to ensure that views from main roads and the rural character of the area will not be adversely affected;

 

The siting of the proposed shed is such that it would be largely unseen from Mamre Road given the separation distance, existing and proposed screening vegetation.

 

f) to ensure that the development will not lead to excessive soil and erosion or run-off.

 

The inclusion of recommended standard conditions for sediment and erosion control measures would address any potential environmental impacts from stormwater and runoff. An adequate stormwater plan has been provided for the proposal.

 

2.       Section 79C(1)(a)(ii) – Any Draft Environmental Planning Instrument

 

There are no draft environmental planning instruments applicable to the subject site.

 

3.       Section 79C(1)(a)(iii) – Any Development Control Plan

 

Penrith Development Control Plan – Rural Lands (DCP)

 

 

3.1     Siting and Design

 

The proposed shed is sited in a manner that is in accordance with the requirements of the Rural Lands DCP:

 

·    The proposed siting of the shed provides a front setback of 42m from Mamre Road, well in excess of the required 30m

·    The height of the proposed shed ranges from 7.5m to 9.8m and is of similar height and scale to the existing shed. The shed is of a significant size, however is comparable with other large sheds in the rural area and with the shade structures present on the adjacent property used in conjunction with flower growing

·    The orientation of the proposed shed is complimentary to the existing shed on site and will share the one central driveway, minimising hard surfaces on the site

·    The proposed shed does not obstruct views from neighbouring properties

·    Landscaping is proposed to screen and soften the appearance of the shed from Mamre Road and adjoining properties

 

3.2     Access and Car Parking

 

The Rural Lands DCP requires the provision of car park spaces to be appropriate to the intensity of the proposed development. Council’s Parking Code does not make specific reference to the number of car park spaces required for a rural industry development.

 

Currently approximately 30 employees work in the existing shed on site. 12 car park spaces were originally approved by Council in accordance with DA97/0203 and are provided on site, however this number was based on 6-12 employees. Council’s Officer’s conducted a site visit where it was apparent that the existing development did not provide sufficient car parking. The applicant was advised that all car park spaces on the site should be sealed and marked, and that the number of car parks proposed for the site should reflect the number of employees.

 

The applicant has submitted an amended plan that now illustrates an additional 25 car park spaces, increasing the total car park spaces on the site to 37. The proposed number of car park spaces is satisfactory with regards to the number of current and future employees (between 40 – 45 persons) expected on the site, and when considering the intensity of the proposed development. A standard condition is recommended to maintain a minimum on-site parking provision.

 

Access is proposed via the existing driveway to Mamre Road. As Mamre Road is a designated road, the application has been referred to the Roads and Traffic Authority (RTA) for concurrence under Section 138 of the Roads Act, 1993. The RTA have reviewed the proposal and would grant its concurrence subject to Council approval and consideration of a number of conditions requiring installation of an intersection treatment (refer Special Conditions 2.3-2.9). The required intersection treatment on Mamre Road will improve the safety and efficiency of the existing access arrangement.

 

3.3       Noise Generation and Noise Control

 

The Rural Lands DCP requires that ‘development does not generate noise which interferes with the enjoyment of an adjoining or nearby rural property by the occupants’. The activities of the proposed development include the use of cool rooms, forklifts, and heavy vehicles, all which generate noise associated with rural industry.

 

The dwelling house adjoining the site on the eastern boundary at 1233 Mamre Road is located at least 70m from the existing shed, and is visually obstructed by two large shade structures used in association with flower growing on that site. The adjoining site on the western boundary at 1205 Mamre Road has an existing dwelling house that is located at least 40m from the locality of the proposed shed. The positioning of both the existing shed and the proposed shed is considered to be satisfactory with regards to maintaining the local amenity.

 

The level of noise generated from the rural industry should not be offensive, when such noise is generated within the approved working hours (i.e. 7.00am to 5.00pm Monday to Friday). Submissions have been received that suggest business activities are occurring at the site seven days a week, with heavy vehicles entering and exiting the site at various hours throughout the night.

 

The applicant has advised that trucks delivering produce from the local growers to the existing and proposed shed will generate approximately 15 movements a day, with trucks picking up produce from the site twice a day. Such movements are to occur within the approved working hours. The applicant has stated in the application that operating hours are to remain 7am to 5pm Monday to Friday. The applicant has conceded that on occasions, work has been carried out on the site between 7am and 12 noon on Saturdays, however confirmed that the site was not usually staffed outside the approved working hours. This report recommends that the existing approved operating hours (Monday to Friday 7am to 5pm) be maintained.

 

When considering the level of noise currently generated by the use, and future noise associated with the proposed expansion of operations, one must take into account the reasonable distance that separates the packing sheds from neighbouring dwellings. Given this separation, and the hours (7am to 5pm Monday to Friday) that noise associated with use of cool rooms, forklifts, and heavy vehicles is emitted, the existing rural industry does not impose unreasonable acoustic conditions on surrounding allotments, particularly when taking into consideration the ongoing background noise generated by other vehicles on Mamre Road.

 

In terms of regulating noise at the site, the Industrial Noise Policy prepared by the Environmental Protection Authority define ‘intrusive noise’ as that being 5d B(A) above background noise, when measured at a property side boundary. In this case, it is considered that sufficient distances are provided between the site side boundaries and neighbouring dwellings, however standard condition D014 is recommended to apply to the operations at all times to ensure that intrusive noise does not occur. Condition D014 restricts the level of plant and equipment noise to 5d B(A) when measured at the boundaries of the site, as provided under the Protection of the Environment and Operations Act 1997 (POEO). Operating hours are controlled by a standard condition that restricts operation and delivery times to between 7am and 5pm Mondays to Fridays.

 

Should Council be in receipt of complaints, the operator will be required to provide Council with an acoustic report, that addresses compliance with condition D014 (special condition 2.10), and where non-compliance is evident the operator is to implement mitigation measures that will achieve compliance.

3.4     Services

 

Part B(2) of the Rural Lands DCP outlines requirements with regards to the provision of water, electricity and effluent disposal services on a rural allotment. The applicant has stated that the existing septic system that was approved with the existing shed in 1997 has adequate capacity to cater for effluent generated by the amenities proposed within the new shed. It is recommended that a report be submitted to Council, which demonstrates that the existing system is suitable for the additional shed on the site. (Special condition 2.2)

 

Water and power are available from Mamre Road however standard conditions G002 and G004 are recommended should an upgrade in capacity be required for the proposal from relevant authorities.

4.       Section 79C(1)(a)(iv) – The Regulations

The proposed development is in accordance with the Environmental Planning and Assessment Regulation 2000 in relation to Building Code of Australia and fire safety requirements.

5.       Section 79C(1)(b) – The Likely Impacts of the Development

When considering the likely impacts of a development proposal it is important to understand the context of the proposal with regard to the characteristics of the surrounding locality. The site is located on Mamre Road, Kemps Creek, a locality that is described by Council’s Rural Lands Strategy as one that provides a mix of rural residential land uses and intense agricultural and extractive industries. The area is characterised by relatively large allotments, often used in association with market gardening and orchards. Apart from the rural character of the area, the use of Mamre Road by a number of heavy vehicles and its designated road status under LEP 201 must also be noted.

 

The proposal will introduce added built form to the site and it will result in some additional traffic movements.  It has already been demonstrated that issues of environmental suitability can be appropriately addressed either by way of conditions of consent or seeking additional information from the applicant.  In relation to the built form and the perceived impact that is likely to result, a number of things work in the site’s favour. These relate to the generous setbacks achieved from all boundaries and the distances to adjoining residential dwellings.  This provides opportunity for landscaping and a reduction in the visual impact of the new structure.  The applicant is proposing to construct the building out of modern materials, which will match the colour scheme of the existing buildings and hence provide a co-ordinated and site specific response to this issue.  It is considered that the development is unlikely to result in any adverse impacts from a visual point of view to adjoining lands.

 

When examining the streetscape of Mamre Road, a number of intensive agricultural and rural industry land uses are evident. The Rural Lands Strategy advises that the area encompassing Kemps Creek comprises of 184 properties, of this total, 86 are defined as agricultural producers. The proposed expansion to the existing rural industry is not inconsistent with many of the intense agricultural industries that are currently carried out within the locality.

 

Ultimately, the proposed expansion of the existing rural industry is permissible with Council consent and is considered to be in keeping with other existing and permitted rural land uses within the locality.

6.       Section 79C(1)(c) – The Suitability of the Site for the Development

The site is located near the intersection of Elizabeth Drive and Mamre Road which represents a major transport node in the locality and is therefore conducive to the existing and proposed land use. The accessibility to Mamre Road makes the site more suitable to this more intensive rural land use than most other rural properties with more passive surrounding land uses. Given this locality, expansion of an existing facility is also preferred to an alternate rural location where greater impacts on existing amenity are likely.

 

The land is identified as being Bushfire Prone Land, however vegetation within 50m from the proposed shed predominately consists of grasslands. Based on analysis under the Bushfire Guidelines, it is considered that the risk of bushfire attack is low; due to the type of vegetation that exists and the separating distance between the proposed shed and the surrounding vegetation. Hence, the proposal is not Integrated Development and does not require referral to the Rural Fire Service. As the structure in not a habitable building and the bushfire risk is low, an asset protection zone or special construction measures are not required.

7.       Section 79C(1)(d) – Any Submissions made in relation to the Development

Referrals

The application was referred to the following parties and their comments have formed part of the assessment.

 

Referral Body

Comments Received

Building Surveyor

No objection, subject to standard conditions

Development Engineer

No objection, subject to standard conditions

Senior Traffic Engineer

No objection, subject to standard conditions

Community Consultation

In accordance with Council’s Notification and Advertising DCP the application was notified from 17 August 2005 to 31 August 2005. Council notified 16 residences in the area and received two submissions raising the following issues:

 

·    The zoning for the site is ‘semi-rural’, the site does not have the road, refrigeration and logistics infrastructure in place for such activities

·    Noise from semi trailers and other heavy vehicles arriving at all hours from interstate, trucks leaving their refrigeration unit motors running, forklift trucks unloading and loading, and noise from the cool room refrigeration units

·    Semi trailers reverse into the property, stopping all traffic in both directions on Mamre Rd

·    The section of Mamre Rd closest to the site consists of single lanes with no turning areas

·    Increased activity on the site will result in increased traffic

·    Changed levels at the site and subsequent changes to the watercourse in a severe storm event

 

Matters raised in submissions are addressed in the assessment section of this report.

8.       Section 79C(1)(e) – The Public Interest

There will be no significant decrease in the amenity of adjoining and nearby properties as a result of the proposed development as it represents a reasonable intensification of the existing use. Given this, the suitability of the site, and the benefits of the proposal to the wider community in terms of encouraging local agricultural production, the proposal is considered to be in the public interest.

Conclusion

The proposed packing shed, associated car park and signage are permissible with Council’s consent, and comply with the relevant LEP and DCP requirements. Packing of primary products in the area should be supported to provide for local agricultural industries. The proposal represents an acceptable intensification of the existing approved use of the property with no unreasonable environmental impacts subject to the recommended conditions of consent.

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application 05/1239 for an additional packing shed with carparking, loading and driveway area for an existing rural industry at Lot 15 DP 30265 (No. 1219 - 1231) Mamre Road, Kemps Creek be received.

2.     The development application 05/1239 for the erection of a packing shed, associated car parking and signage at Lot 15 DP 30265, No. 1219 – 1231 Mamre Road, Kemps Creek, be approved, subject to the following conditions:

Standard Conditions

 

2.1  A001 – Approved Plans

       A011 – Engineering Works DCP

       A029 – Hours of Operation and Delivery Times

       D001 – Sediment & Erosion control Measures

       D006 – No Filling

       D014 – Plant & Equipment Noise

       E01A – BCA Compliance

       E006 – Accessibility

       E008 – Fire Safety List

       E009 – Annual Fire Safety

       H001 – Stamped Plans & Erection of Site Notice

       H002 – All forms of Construction

       H041 – Hours of Work

       I003 – Roads Act Approval

       K014 – Flood Proofing

       K025 – Pavement Seal

       K027 – Carparking

       Q001 – Notice of Commencement

       Q006 – Occupation Certificate

 

Special Conditions

 

2.2       Prior to the issue of a Construction Certificate, a report is to be prepared by a suitably qualified person, demonstrating that the existing aerated effluent disposal system is suitable for the additional shed on site. The report should demonstrate that the capacity of the existing septic system is sufficient to accommodate the anticipated increase in load and that there is sufficient disposal area on site.

 

2.3       The proposed driveway shall be a minimum of 12 metres in width and designed in accordance with AS 2890.2 – 2002.

 

2.4       A Type ‘AUR’ (Auxiliary lane Right turn) treatment is to be provided in Mamre Road to facilitate safe and efficient right turn movements in to the development site. This right turn treatment shall be designed in accordance with the RTA’s Road Design Guide.

 

2.5       A deceleration lane shall be provided for left turn movements in to the subject site. The length of the deceleration lane shall be in accordance with the RTA’s Road Design Guide.

 

The provision of a deceleration lane will require land dedication from the subject site and may require utility relocation, which shall be at no cost to the RTA.

 

2.6       The design requirements of the Type AUR treatment and deceleration lane on Mamre Road shall be in accordance with the RTA Road Design Guide and other Australian Codes of Practice. In addition, a concept design of the intersection treatment shall be submitted to the RTA for consideration and approval prior to the release of the construction certificate by Council and commencement of road works.

 

The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the release of the approved design plans

 

A Works Authorisation Deed is to be entered into with the RTA.

 

In addition to the above, the ‘Occupation Certificate’ is not to be released until all the road works are fully constructed and operational.

 

2.7       All vehicles entering and exit from the proposed development site must be in a forward direction

 

2.8       All vehicles associated with the construction of the proposed development are required to be accommodated within the site

 

2.9       All works associated with the development shall be at no cost to the RTA

 

2.10     Upon request from Council, the operator will be required to provide a report from a qualified acoustic consultant demonstrating the compliance of operations with condition numbered D014.

 

2.11     The existing approved operating hours (Monday to Friday 7am to 5pm) be maintained

 

3.    Those persons who made submissions be informed of Council’s decision.

ATTACHMENTS/APPENDICES

1. View

DA05/1239 - 1219 Mamre Rd

5 Pages

Appendix

 


Ordinary Meeting

3 July 2006

Appendix 1 - DA05/1239 - 1219 Mamre Rd

 

 

 

 

 


   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Leadership and Organisation

 

Item                                                                                                                                       Page

 

8        Telecommunications Services Tender Ref 15-05/06                                                            53

 

9        Amendment to Council's 2006 Meeting Calendar                                                                67

 

10      Regional Illegal Dumping Squad Delegations                                                                       68

 

11      State Cabinet Visit to Penrith - 16 May, 2006                                                                     71

 

12      Council Property - Electricity Easement for Padmount Substation on Open Space, Lot 8400, DP 1008395, Westerly Way, Glenmore Park                                                                           82

 

 



Ordinary Meeting

3 July 2006

Leadership and Organisation

 

 

Leadership and Organisation

 

 

8

Telecommunications Services Tender Ref 15-05/06   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator; Richard Baczelis, Information Technology Manager; Graeme Pattingale, Information Manager

Authorised by:             Steve Hackett, Director - City Services 

Strategic Program Term Achievement: The organisation embraces new technology, systems and processes to improve efficiency and effectiveness.

Critical Action: Appropriate information management systems, technologies and procedures are in place to support Council’s strategic objectives and the delivery of its program.

     

Purpose:

To report to Council the purpose and outcomes of a tender for the provision of integrated Telecommunications services to the organisation including, fixed voice services, mobile phones services, data and internet. The report recommends that agreements be established with Optus Pty Ltd for mobile services, Macquarie Telecom Pty Ltd for fixed voice services and Soul Pattinson Telecommunications P/L (Soul) for internet and virtual private networking (VPN) services.

Background

In a report to Council’s Ordinary meeting held 7 February 2005, it was resolved that the mobile phone service agreement with Optus Pty Ltd would be extended for 12 months.  During this period consideration would be given to a more integrated approach to all telecommunication services within Council whereby a comprehensive Telecommunication Services Tender was foreshadowed.

To date there have been 2 types of telecommunication services within Council, those related to voice (fixed and mobile phones) and those that relate to data, being internet services and access to Council’s information management systems.  Technology change has been such that there is now opportunity to have a more integrated approach to these services that will provide operational and cost efficiencies to many areas of Council operations.  The most suitable approach in determining the most appropriate technologies, opportunities and cost benefits was to call for an open tender providing all potential suppliers, opportunity to tender for part, all, or a combination of solutions that would benefit Council and the many services that Council provides.

 

Currently voice, mobile, internet and data services are under agreements with three (3) separate companies. The cost to Council regarding all these services is significant.  Also having separate providers for internet and data services creates service and support issues.  The table below shows the estimated annual expenditure and the contract finish date for each of these services.

 

 

Service Type

Primary Provider

Agreement end date

Current Annual Expenditure

Data (including Children’s Services ADSL based phone & internet services)

Telstra

November 2005

$129,000

Fixed Voice – Telephony

Telstra

November 2005

$197,796

Fixed Voice associated service costs (equipment rental etc)

Telstra

November 2005

$101,592

Mobile Phone Services

Optus Pty Ltd

December 2005

$126, 864

Internet Services

(Civic Centre, Works Depot, Libraries, Councillors; other remote centres such as Penrith Regional Gallery use Telstra services)

Planet Netcom

Expired-Ad hoc only

$103,000

 

 

Overall Total

$658, 252

 

Note 1: Where existing agreements have expired companies have agreed to continue the arrangements (with no impact nor improvement on current rates) on a monthly basis until new agreements can be established.

 

Note 2: The cost of Planet Netcom Internet services (now Eftel Pty Ltd ) is offset by an annual growing income from library internet users. Current annual income is $88,000.  This income together with other fees and charges is used to subsidise library services.

 

Note 3: Wireless internet technologies provided to Penrith Regional Gallery, Visitors Centre and Penrith Pool, have experienced considerable downtime and have been replaced with hardwired solutions (ISDN – integrated services digital network) from Telstra.

 

Process

 

A Telecommunications working party comprising representatives from Information Technology, Information Management and Supply (Information Technology Manager, Information Manager, Network Controller, Supply Co-Coordinator and Customer Service Supervisor) was established to review Council’s current service provision and future requirements and to prepare a broad based specification with the intention of seeking proposals through a public tender process.

 

To assist with the timely completion of the review and tender process the working party endorsed the outsourcing of the project to PABX Advisory Services.

PABX Advisory Services were selected through a selective quotation process seeking an independent service provider with technical expertise and extensive industry knowledge to perform the following tasks.

 

·    Preparation of the Tender documentation including specifications as directed by the working party.

·    Tender evaluation, detailed analysis, written report and recommendation

·    Project Management and implementation

·    Rate compliance checking

·    Mobile Phone Management System, training and implementation.

·    Bi-Annual account management

·    Annual Market reviews and re-tendering if considered necessary

·    General Communications Consultancy services as needed

 

The services to be performed by PABX Advisory Services involves no “up front” fee. The funding method to provide the services is based on an annual 6% fee paid by the resolved telecommunication service provider to PABX Advisory Services.  The percentage is calculated based on the total annual invoiced cost to Council of the services provided.   This fee arrangement was a concern raised by Telstra and is reported on later in this report.

 

Council by engaging the services of PABX Advisory Services is under no obligation to accept any outcome as a result of the outsourced Tender process.

 

Following discussions with Council’s Legal Officer there were no identified legal issues associated with the outsourcing process. As recommended by the Legal Officer a letter of disclosure has been submitted by PABX Advisory Services stating their independence from telecommunication providers.

 

 

Group Council Tender (GCT)

 

Following the appointment of PABX Advisory Services and during the process of developing the tender specifications a number of other Council’s expressed interest to PABX Advisory Services in establishing a group tender. As the process developed, a total of 20 Council’s including Penrith City Council had nominated their interest.

 

Because Council were the first to participate in the GCT, the advertising and receipt of tenders was facilitated by Penrith. This allowed utilisation of the new WSROC e-tendering web site for the issue and electronic receipt of tenders. The costs associated with the hosting of the GCT including advertising costs and administration costs were shared equally between all participating Councils. 

 

The increased volume as a result of a GCT provided all participating Councils with an opportunity to obtain the best possible market rates and the ‘best of breed’ telecommunication services. Councils in the GCT are as follows;

 

Penrith City Council                                    Ku-ring-gai Council

North Sydney Council                                 Balranald Shire Council

Queanbeyan Council                                   Port Macquarie-Hastings Council

Kiama Municipal Council                            Orange City Council

Kogarah Municipal Council                         Willoughby City Council

Bega Valley Shire Council                           Leichhardt Municipal Council

Upper Hunter Shire Council                        Hawkesbury City Council

Lane Cove Municipal Council            Liverpool City Council

Kempsey Shire Council                     Blue Mountains City Council

Baulkham Hills Shire Council             Auburn Council

 

 

Each Council is assessing the tender in accordance with its own tender processes and its own specific criteria.  Decisions of other participating Councils have no bearing on the final outcome for Penrith City Council.

 

Tenders for the provision of the following services were advertised in the Sydney Morning Herald on 9 January 2006; posted on the WSROC e -Tendering site and closed on 14 February 2006.

The tender process followed was in compliance with the Local Government (Tendering) Regulations 1999 under the Local Government Act 1993.

All tenderers were required to submit offers using the electronic pro forma sheets provided in the tender. Responses in hard copy form as well as electronic form were admissible. The tenderers were provided with estimates of the demand volumes and were required to provide unit prices for each of the services offered.

The tender specifications called for the provision of four (4) telecommunications services labelled:

S1 – Mobile services and call rates.

S2 – Fixed land line services and call rates.

S3 – Internet services and rates.

S4 – Virtual Private Networking (VPN) services and rates (explained under this heading later in the report).

 

An offer to tender was advertised for any combination of S1 to S4.

Tenders

The following tenders were received – (there were no late tenders).

Optus Pty Ltd                                                                                                              

Macquarie Telecom Pty Ltd                                                                                         

Soul  Pattinson Telecommunications P/L (Soul)                                                             

Southern Phone Company Ltd                                                                                     

ATI Australia Pty Ltd                                                                                                   

Aussie Dial Pty Ltd                                                                                                      

Vertebral Solutions Pty Ltd                                                                                          

Netforce Pty Ltd                                                                                                          

MCI WorldCom Aust. Pty Ltd (Verizon)                                                                     

Eftel Pty Ltd                                                                                   

 

Telstra did not submit a tender. The Legal Officer’s comments are as follows;

 

 Telstra’s concerns regarding the adopted tender process related to the following:

 

1.         Because this was a group tender and there was no guarantee of volumes, Telstra claimed that this created uncertainty. Telstra felt that it made it difficult to price given its internal pricing policies.

 

2.         The ability to customise or to have input to the integrated data network.

 

3.         Open ended arrangements on data down loads and installation fees.

 

4.         The ability for Telstra to be able to put forward its value added partnerships regarding Australia Day, Working with Council and strategic alliances such as is being evidenced with Penrith Valley Economic Development Corporation.

 

5.         Concern that Council had put in place a consultant to manage the service and therefore the impacts on Telstra if the consultant did not have adequate resources.  Also the loss of the face to face working relationship with Council.

 

6.         Telstra felt that the documentation lacked details that outlined the business requirements as well as key economic, productivity and social outcomes that Council is hoping to achieve.

 

The Legal Officer and Director of City Services  met with Telstra to discuss these issues.  Some of the above really related to the fact that by having a consultant, Council was able to tailor its solution rather than Council ask the industry for an answer to the problem.  Telstra items 2, 6 and to some degree 5 fit into this category. 

 

As to Telstra items 1 and 3 this may be a valid concern if there were no tenders received by Council.  As seen in the report this is not the case and others chose to compete on this basis.  Telstra could have chosen to compete and indicate its issues in its tender which then could have been dealt with in the process.

 

As to Telstra item 4, it is understood Council values the strategic alliance with Telstra.  The telecommunication working party  and I believe notwithstanding the strict terms of the tender, Telstra could have put all of its initiatives to Council which could have been considered if it had submitted a tender.

 

Council chose to appoint a consultant to manage the process.  Telstra objects to this.  It is Council’s right to appoint a consultant if it believes it requires certain expertise.

 

The Consultant has assisted Council to write an open tender which includes necessary prescriptive terms.  Telstra suggests that it did not give enough scope to put forward the best platform.  The Legal Officer and the assessment team has reviewed this in light of the comments and do not support the view.

 

Contract Conditions

It is intended to enter into a  2-year contract with the recommended telecommunications providers with possible 2-year extensions up to 6 years. In addition Council may exit the contracts in ‘any given’ 12-month period should agreed key performance indicators that form part of the Service Level Agreements not be met.

Tender Evaluation

All tenders were assessed against the following criteria:

 

Compliance with all mandatory requirements

Insurance requirements, conflicts of interest, payment of consultant’s fee, code of conduct compliance and validity period.  

 

Compliance with all non-mandatory requirements

Terms and conditions of contract, service level agreements, terms of payment, provision of help desk.

 

Component pricing

Comparison of unit prices for each of the services offered.

 

Council specific requirements

As determined by each individual participating Council which includes reliability, deliverability, coverage test results, repair times, compatibility with existing call management software, relevant experience, service support.

As this area requires specialist knowledge of the industry and subject matter,  PABX Advisory services has had input to and advised the working party with respect to the tender.

 

Each tender was evaluated for compliance with the conditions of tender and the degree of conformity with each technical requirement of the four sections, S1 to S4 of the specifications for which they tendered. Those tenders or those sections S1 to S4 that were non-compliant in any major consideration were not considered further.  The remainder were then subjected to a cost evaluation and comparison process.

 

During these evaluation processes clarifications were requested where necessary.

Compliance Issues

The following table summarises those tenderers who complied and failed to comply with regard to each of the sections S1, S2, S3 and S4.  In some cases tenderers did not bid for some sections as was permissible in the tender.

 

 

TENDERERS

Sections Tendered For

Sections Did Not Tender For

Sections Did Comply

Sections Did Not Comply

Optus Pty Ltd

S1, S2, S3, S4

nil

S1, S2

S3, S4

Macquarie Telecom Pty Ltd

S1, S2, S3, S4

nil

S1, S2, S3, S4

Nil

Soul

S1, S2, S3, S4

nil

S3, S4

S1, S2

Southern Phone Company Ltd

S1, S2

S3, S4

S1, S2

Nil

ATI Australia Pty Ltd

S4

S1, S2, S3

S4

Nil

Aussie Dial Pty Ltd

S2

S1, S3, S4

nil

S2

Vertebral Solutions Pty Ltd

S3, S4

S1, S2

S3, S4

Nil

Netforce Pty Ltd

S3, S4

S1, S2

S3, S4

Nil

MCI Worldcom Aust Pty Ltd (Verizon)

S3, S4

S1, S2

nil

S3, S4

Eftel Pty Ltd

S3, S4

S1, S2

S3, S4

Nil

 

Reasons for non-compliance:

 

Optus Pty Ltd- S3,S4

 

Optus Pty Ltd did not provide a guaranteed bandwidth for S3.  This was a mandatory requirement to ensure required internet capacity. For S4 no pricing was provided.

 

Soul – S1, S2

 

 Soul did not offer IP telephony fixed landline services required by the Request For Tender and which Council will implement in the next 6 – 12 months.

 

 

Aussie Dial Pty Ltd - S2

 

Aussie Dial cannot provide its fixed landline services to the Penrith area.

 

MCI Worldcom Aust Pty Ltd (Verizon) – S3, S4

 

Verizon submitted an offer without pricing or services at all but instead made a statement that there was insufficient information to submit a compliant offer.  Verizon was therefore excluded because the tender requested pricing for services.

Voice Services

This section of this report focuses firstly on voice services then on internet and virtual private networking services.

S1 Mobile Services

All remaining tenders were assessed against the selection criteria.  The tender submitted by Southern Phone Company does not represent value for money because of their higher comparative costs to the other tenderers and were excluded on this basis. For Council’s requirements the assessment group considers that Macquarie Telecom Pty Ltd provides no other advantage over the Optus Pty Ltd tender.  Optus Pty Ltd is the lowest cost for S1 Mobile and it is therefore being recommended.

 

Pricing

 

Below are the final figures for each of the compliant tenders based on Council’s existing call profiles. The calculated values represent the total monthly cost for each tenderer using the rates tendered. The total monthly spend is based on the average monthly usage for February and March 2006.

 

Existing Typical Monthly Costs                                                                        $10,572

Total estimated annual spend                                                                        $126,864

 

Optus Pty Ltd Monthly Spend                                                                         $6,283

Total estimated annual spend                                                                        $75,396

 

Macquarie Telecom Pty Ltd Monthly Spend                                                  $7,551

Total estimated annual spend                                                                        $90,612

 

Southern Phone Company Ltd Monthly Spend                                               $14,851

Total estimated annual spend                                                                        $178,212

All calculations are supported by detailed spreadsheets.

Summary

Below is the estimated annual savings based upon current call patterns and trends.

 

The Optus Pty Ltd tender results in an annual saving of                                                   ($51,468)

The Macquarie Telecom tender results in an annual saving of                                          ($36,252)

The Southern Phone Company Ltd tender, results in an additional expenditure of   $51,348

 

Comments

 

The mobile services tender does not include the provision of mobile handsets, hands free car kits, installations nor other hardware. It is generally less expensive to acquire such items from local distributors with the exception of Blackberry handsets.  A plan for use of Blackberry devices will be developed after Council has considered the recommendations.  Council has a Blackberry server, which can provide online email and calendar access. This will be transferred to the new network.

 

The most advantageous compliant tender is Optus Pty Ltd.  The offer also provides for improved future cost savings via their $0.00 cent for the first 5 minutes tendered rate for Council to Council mobile calls.

 

Optus Pty Ltd have been the existing provider of mobile phone services to Council since 2002 and the coverage of service has been around (96-97%).  It is felt that this is equivalent or superior to other providers.

S2 - Fixed Land Line Services

Current Telecommunication services and pricing that follows refers to analogue and digital networks.  The two dominant networks for the delivery of voice services have been public switched telephone network (PSTN) and integrated services digital network (ISDN)

 

PSTN is the traditional analogue network used for voice communication, its main quality probably being the quality of voice services provided.  It has evolved to support digital services.  Later in this report, reference is made to possible transition to VoIP (voice over internet protocol technology. It is, however, the quality not necessarily reduced cost voice services that may be provided through VoIP that will ultimately determine the extent of VoIP implementation.

 

Whilst PSTN supports digital services, the ISDN network focus is more on provision of digital voice and data services.  The cost of this technology, particularly related to data provision is high.

 

This tender seeks a new technology framework for the provision of these services by shifting the data component of the ISDN services to S4 VPN specialist services.

 

Pricing

 

A large portion of existing identified costs (refer table on page 2) relates to Fixed Voice Services and equipment rental, this component will initially remain unchanged until the introduction of IP Telephony technology in the next 6-12 months.

 

All tenders were assessed against the assessment criteria.  There was no clear advantage of one tender over the other, other than price.  The assessment accordingly continued based on price. The final figures for each of the tenders and Council’s existing rates are as follows. The figures are based on billing information obtained for the month of April 2006.

 

Existing     

Total monthly spend                                                                                              $16,483

Total estimated annual spend                                                                        $197, 796

 

Optus Pty Ltd                            

Total monthly spend                                                                                              $13,403     

Total estimated annual spend                                                                         $160,836

 

Macquarie Telecom Pty Ltd    

Total monthly spend                                                                                              $12,583     

Total estimated annual spend                                                                         $150,996

 

Soul                                            

Total monthly spend                                                                                              $13,009

Total estimated annual spend                                                                         $156,108

 

Southern Phone Company Pty Ltd                                                                                

Total monthly spend                                                                                              $16,625     

Total estimated annual spend                                                                         $199,500

 

All calculations are supported by detailed spreadsheets. Additional costs will apply for service and equipment charges; these will not substantially alter regardless of who is selected as the preferred provider.

Summary

Below is the estimated annual savings based upon current call patterns and trends.

 

The Macquarie Telecom Pty Ltd tender results in an annual saving of             ($46,800)

The Optus Pty Ltd tender results in an annual saving of                                  ($36,960)

The Soul tender results in an annual saving of                                                 ($41,688)

The Southern Phone Company Ltd phone tender results in an additional annual cost of    $1,704

Comments

 

Optus Pty Ltd and Macquarie Telecom Pty Ltd tenders offer very similar services in that they will install their own main lines into the Administration Centre and other major centres and then pay the telephone call charges at the PSTN sites. 

 

The Macquarie Telecom Pty Ltd tender, as well as being the most cost effective, also offers the added bonus of taking over the subscription and management of the individual PSTN lines whereas Optus Pty Ltd will leave these with Telstra.  This means that under the Optus Pty Ltd offer Council would receive two bills for fixed land line services: one from Optus Pty Ltd for call charges and the another from Telstra for the rental of the PSTN lines.  Macquarie Telecom Pty Ltd will provide an integrated bill to Council incorporating all charges.

 

Macquarie Telecom Pty Ltd will port Council’s existing telephone numbers over to its network from the Telstra network.  This will incur a fee from Telstra estimated at $7,000.  Both Optus Pty Ltd and Macquarie Telecom Pty Ltd, however, have agreed to accept all costs associated with porting of Council telephone numbers across to themselves should they be successful in their respective bids.

 

Southern Phone Company Pty Ltd is a reseller and therefore takes over management of Council lines and resells them to Council at the tendered rates.  There are no porting costs associated with a resell contract.

 

As noted earlier in this report it is felt that the Soul offer (although included in the final analysis) did not meet the specified requirements for IP telephony.

 

In summary, the working party selected Macquarie Telecom Pty Ltd as the most advantageous, compliant and cost effective fixed line carrier and it is therefore being recommended.

S3 Internet and S4 Virtual Private Networking (VPN) Services

The tender was divided into two components: S3 – Internet services and rates and S4 – Virtual Private Networking services and rates.  S4 Can allow secure information access and update and internal internet services (intranet) to remote locations. Similarly, it can allow secure access to business and government partners if required (extranet) and to mobile workers. An example of an extranet service could be the possibility of PIN identification services in child care centres by the Federal Government. The technology sought in the tender is superior to the current internet technologies within Council and will provide significant potential for expansion to accommodate continually growing demand.

 

A proposal was requested from compliant tenderers for detailed costs based on a schedule of sites that may be connected to the technology offered in their tender.

 

Eftel Pty Ltd did not provide the additional information sought as was required by the tender and was excluded from the final evaluation process.

 

Whilst Vertebral Solutions Pty Ltd provided additional information they stated that “ this is not a proposal as such” and an indication only. Based on this statement and pricing indicated in the tender (which was in fact higher than a number of tenders), it was not considered any further.

 

The monthly costs (ex GST) of the tenderers’ recommended S3 and S4 optimum solution were:

 

Macquarie Telecom Pty Ltd          $25,583 (S3 & S4)

Netforce Pty Ltd                                    $25,129 (S3 & S4)

Soul                                                       $24,344 (S3 & S4)

ATI Australia Pty Ltd            -        $22,525 (S4 Only-plus S3 as noted below)

 

All were assessed against the selection criteria’s.  The comment on this is as follows;

 

Apart from ATI Australia Pty Ltd, which provided the only total wireless solution, each of the remaining tenderers had reliance on telecommunication infrastructure from either Powertel or Telstra. ATI Australia Pty Ltd however did not include internet services (S3) but focused purely on (S4) data services.

 

In the event that the offer submitted by ATI Australia Pty Ltd was selected as the preferred provider of wireless data services, Council will still be required to engage the services of a separate provider for Internet Services.(The separate cost of internet services has been assessed at $6,047 per month using the offered rates from Soul).

 

The offer from ATI Australia Pty Ltd creates a number of concerns.  These are:

 

·    A separate provider of Internet services will still be required leaving Council with a two (2) supplier arrangement. This may create service and support issues as mentioned earlier in this report.

·    The wireless data solution offered by ATI Australia Pty Ltd is only offered for major sites.

·    The separate cost of internet services when added to the cost of the ATI Australia Pty Ltd offer exceeds the combined offer from the lowest tender received from Soul for both S3 & S4. This is mainly due to the high cost of servicing smaller outlying sites such as Child Care centres.

 

Providers offered varying levels of capacity access to a maximum VPN of 8Mb/8Mb capacity.  Macquarie Telecom Pty Ltd and Netforce Pty Ltd offered very similar solutions using third party infrastructure (Powertel and/or Telstra), but Macquarie Telecom Pty Ltd offered superior network management services. Soul offered high capacity 8Mb fast connections for the major locations with extensive network management services.  Soul was also the only tenderer who provided an unqualified guaranteed committed information rate, which is the ability to continuously provide the actual capacity stated, and not be affected by reduced bandwidth depending on overall network load.  A presentation from Soul confirmed that they had their own infrastructure in place at the Penrith Telephone Exchange, as Penrith is a major regional node for their Australia wide network.  Effectively should Soul be the accepted tenderer, Soul will provide a fully managed point-to-point VPN for all of Council’s major service points.  Soul will establish and manage the network and provide Internet services.

 

The main objective of this component was to significantly upgrade Council’s Wide Area Network.  This means improved or additional network services can be provided to remote locations and mobile workers. It is felt that Soul’s high capacity connections provide a technological and price/performance advantage over the other proposals.  Total Costs are dependent on the final configuration of the network. Savings are not anticipated if improved or additional network services are provided to remote locations and mobile workers. Given Soul’s technical and price advantage it is therefore being recommended.

 

Implementation Planning

 

To introduce a superior, more secure service from Soul to all Council locations would be beyond the current funding capacity of $232,000 ($129,000 for voice and ADSL based phone and internet services for Children Services plus $103,000 for the Civic Centre, Works depot, Councillors and all other remote locations). The total cost of Soul’s optimum solution is $292,128 per annum.

 

It is intended that the first stage of implementation will focus on improved telecommunications capabilities to the St Marys office, Works Depot and all libraries. The annual cost in so doing is $149,491. This is well below available budget and would still allow funding of existing Children’s Services and Councillor services and services to other remote locations such as Penrith Regional gallery.

 

It is intended as part of the contract negotiations to determine the detailed telecommunication service requirements that may be required and hence associated costs to these other locations and in fact all Council owned entities.

Comments

Soul’s proposal, which will use Telstra infrastructure for the ‘last mile’ to connect to locations, will provide Penrith City Council with a contemporary Wide Area Network and the ability to replace older Council technology with new and emerging technologies as required.  The more immediate need however, is to substantially increase telecommunications bandwidth to Council libraries, St Marys offices and the Works Depot.  This telecommunication framework will allow inclusion of other Council owned entities should that be a requirement.  The larger locations of Civic Centre, Works Depot and St Marys will have high capacity links of up to 8Mb capacity. Upgrades will occur as required in order not to pay up front for excessive bandwidth.  Soul, has committed to a 6-8 week implementation period, after signing of contracts, for the basic internet and data requirements of the major locations. 

 

The capacity of the proposed network is far greater than the current capability of 2 megabytes to the Works Depot and St Marys.  Other centres, including Child Care Centres, will be provided varying capacities based upon their specific needs. The 64Kb capacity currently provided to each Child Care Centre is proving adequate but the centres are not yet part of a VPN solution which can securely connect them to Council’s systems and data and to other Government services if required.

 

This infrastructure will also enable Councillors to connect to the network to access resources in the Civic Centre (email, calendar, documents) and also support Council’s work from home policy. An implementation program surrounding this would need to be developed with appropriate managers.  This network also has the potential to support Voice over Internet Protocol (VOIP), which potentially would further reduce call costs.  This technology is new to Council and requires the development of an implementation plan regarding the technology and processes.  The other impact as a result of implementing VOIP would be a substantial reduction in services and equipment rental costs.  Presently the annual cost for this component is  $101,592.

 

Long term implementation plans, to maximise use of the network and cost effectively incorporate all locations will be developed in conjunction with Macquarie Telecom Pty Ltd, Optus Pty Ltd  and Soul

Recommended Company Profiles

For Council’s Information:-

Whilst Tesltra is a major and reputable provider of Telecommunication services, the companies recommended in this report are also proven and well established providers of telecommunication services. Their profile obtained from their internet sites and tender submissions is as follows;

 

Soul

 

Soul, originally known as S P Telemedia Limited (SOT) considers itself to be an innovative market leader in the IP telecommunications and multi-media market. Listed on the Australian Stock Exchange (Code: SOT) with a market capitalisation exceeding $700M, SOT's entry into the market in 2000 was met with huge success in a relatively short period of time.

 

Since its establishment, SOT has maintained rapid growth proving itself to be a dynamic and significant force in the Australian telecommunications industry. SOT is a multi-media full service telecommunications company providing innovative voice, internet and data solutions to a wide range of customers including Corporate and Government sectors.  With a number of strategic investments in media and telecommunications, SOT is uniquely placed in the Australian market to take advantage of new multi-media services as it feels that it is the only telecommunications carrier with a model that is built on a broadcast television heritage and the owned infrastructure inherited from this relationship.

 

In October 2005, SOT elected to consolidate all of the SPT companies (Soul Pattinson Telecommunications, SPT Telecommunications, SPTCOM) into the one new brand,

Soul.  Soul is contracted to the N.S.W. State Government to provide state-wide data services and infrastructure.

 

Optus

 

Optus considers itself to be an Australian leader in integrated telecommunications, delivering cutting-edge communications, information technology and entertainment services. In 2001 SingTel became the parent company of Optus, paving the way to become a strong and strategic telecommunications player within the Asia-Pacific region.

 

Optus is an Australian leader in integrated communications - serving more than six million customers each day. It specialises in a broad range of communications services including mobile, local, national and long distance telephony, business network services, internet and satellite services and subscription television.

 

Optus are the current provider of mobile phone services to Council and have been contracted to Council for the last 3 years.

 

Macquarie Telecom Pty Ltd

 

Established in 1992 (prior to Optus), Macquarie was one of the first telecommunication providers of the deregulated era. Macquarie successfully publicly listed on the Australian Stock Exchange in October 1999. Macquarie only services corporate and government customers and has obtained accreditation in both ISO 9001 and various government panel contracts including NSW DITM. Macquarie operates Australia-wide with offices in all states and a significant regional presence. Over 1 million Australians use Macquarie services at work everyday. Macquarie has also successfully expanded its operation into South East Asia and has offices in Singapore.

 

Macquarie Telecom is a supplier of telecommunications services for the business and government markets. It provides a range of voice, data, mobile and hosting solutions to over 3,000 corporate and government customers. Macquarie offers a broad flexible range of products covering corporate voice telephony, mobile telephony and data, fixed data networking and online infrastructure.

 

Macquarie has deployed a highly available national ATM network and operates Australia's only BS7799 accredited "highly secure" online data centre known as the Intellicentre. Business partners (Lucent, Sun, Compaq and EMC) help provide the best technology for superior secure E-business performance.

 

Conclusion

At present the overall current annual cost of telecommunication services to Council is $658,252. Through this tender it is expected that the total cost will reduce to approximately $559,984.  The table below shows the expected total first year cost for these services.

 

It was mentioned earlier that the current available funds for internet and data services are $232,000. The table below shows that $214,491 ($149,491 and $65,000) will be required for new telecommunication services to the major centres and funds of $65,000 are required to continue with other current telecommunication services. It is intended that all of these services will be reviewed over the next 6 months to optimise the network configuration. It is expected that this will absorb available funds in the first year amounting to $17,509 out of the available budget of $232,000.

 

 

 

 

 

 

 

Summary of costs for recommended solutions

 

 

Service Description

 

Cost

 

Optus Pty Ltd -  Mobile Services

 

75,396

Macquarie Telecom Pty Ltd -  Fixed Voice Telephony

150, 996

Macquarie Telecom Pty Ltd  - Fixed Voice service & equipment

101,592

Soul - Proposed Internet and VPN Services

to major centres

149,491

Continuing ISDN and ADSL Services to other locations

65,000

Additional Implementation Capacity

17,509

Overall total

$559, 984

 

 

RECOMMENDATION

That:

1.         The information contained in the report on Telecommunications Services Tender Ref 15-05/06 be received

2.         Council accept the offer as tendered by Optus Pty Ltd for the provision of mobile voice services and call rates.

 

3.         Council accept the offer as tendered by Macquarie Telecom Pty Ltd for the provision of fixed landline services and call rates.

 

4.         Council accept the offer as tendered by Soul Pattinson Telecommunications P/L (Soul) for the provision of Internet, Data and VPN services, subject to the satisfactory finalisation of the network design and implementation plan

5.         A telecommunications implementation plan be developed for all required locations by the Telecommunication working party in conjunction with the telecommunications consultant and the recommended providers.

6.         Council’s Legal Officer and Information Technology Manager conduct a detailed review of the Contract Agreements before entering into any Contract for the supply of mobile voice services, fixed landline services, internet, data & VPN services.

 

7.         The Common Seal of Penrith City Council be affixed to all necessary documentation.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 July 2006

Leadership and Organisation

 

 

Leadership and Organisation

 

 

9

Amendment to Council's 2006 Meeting Calendar   

 

Compiled by:                Cristy Stevens, Acting Executive Services Officer

Authorised by:             Glenn McCarthy, Executive Officer 

Strategic Program Term Achievement: Council has reviewed its own role and operations and has adopted contemporary practices to best discharge its charter.

Critical Action: Review current structures and procedures supporting Council and Councillors' responsibilities.

     

Purpose:

To obtain Council's endorsement of an amendment to Council's 2006 meeting calendar.  The report recommends that a Policy Review Committee Meeting be held on Monday 14 August 2006 in lieu of the meeting scheduled for Monday 28 August 2006.

 

Background

Council’s meeting calendar of 2006 currently includes a Policy Review Committee Meeting on 28 August.

 

At the time the calendar was adopted by Council (21 November 2005), it was not known that the Sustainable Economic Growth for Regional Australia (SEGRA) conference was being held from 28 to 30 August 2006.

Current Situation

As a number of Councillors are attending the SEGRA Conference, it would be beneficial to consider changing the date of the Policy Review Committee meeting to allow as many Councillors as possible to attend.

 

It has been identified that Monday 14 August 2006 has no meetings scheduled, and so presents an opportunity for Council to hold a Policy Review Committee meeting on that date.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Amendment to Council's 2006 Meeting Calendar be received

2.     A Policy Review Committee meeting be held on Monday 14 August 2006 in lieu of the meeting scheduled for Monday 28 August 2006.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 July 2006

Leadership and Organisation

 

 

Leadership and Organisation

 

 

10

Regional Illegal Dumping Squad Delegations   

 

Compiled by:                Andrew Pye, Administration Officer - Policy and Council Support

Authorised by:             Barry Ryan, Waste and Community Protection Manager; Stephen Britten, Legal Officer 

Strategic Program Term Achievement: Council has reviewed its own role and operations and has adopted contemporary practices to best discharge its charter.

Critical Action: Review current structures and procedures supporting Council and Councillors responsibilities.

  

Previous Items:            Western Sydney Regional Illegal Dumping Squad- Ordinary Meeting- 21 February 2005  

Purpose:

To obtain Council approval of delegations from other Councils to Penrith City Council staff who are employed as a Regional Illegal Dumping (RID) Squad officer (including the person employed as the project co ordinator of the RID Squad).  The report recommends that the delegations from other Councils be approved.

 

Background

The Western Sydney Regional Illegal Dumping (RID) Squad consists of officers employed by one Council to provide a deterrent to illegal dumping across a number of Local Government areas (LGA’s).

Penrith City Council is the current Project Manager of the Western Sydney RID Squad.

At the last organisational review of delegations in May 2006, the General Manager delegated the necessary powers to Penrith City Council staff employed as RID Squad officers to operate inside the Penrith LGA.

Current Situation

At the Ordinary meeting of the 21 February 2005 Council resolved to submit an expression of interest to participate and project manage the Western Sydney RID Squad for a further 5 years, and authorised the General Manager to sign the RID Squad agreement and project management documentation.

The Western Sydney RID Squad management committee unanimously accepted Penrith Councils expression of interest to project manage the Western Sydney RID Squad. The committee also agreed to extend the term of the current agreement (due to expire on the 30 June 2005) for a further year, to negotiate with Western Sydney Councils to participate in the RID Squad (such an extension of time was permissible under the terms of the agreement).

Whilst Hawkesbury Council are not currently participating in the Western Sydney RID Squad, Liverpool Council has agreed to participate in this Strategic Alliance.

The participating Councils are Bankstown City, Baulkham Hills Shire, Fairfield City, Holroyd City, Liverpool City and Penrith City.

The management committee agreed that the term of any new agreement be for a period of 3 years.

In conjunction with the recent negotiations for a new three year agreement among participating Councils regarding the operation of the RID Squad, the Department of Environment and Conservation (DEC) has developed an agreement for the Strategic Alliance of the member Councils.

The agreement includes a requirement for all Councils participating in the project to re-issue a Delegation of Authority to the staff of Penrith City Council employed as RID Squad officers.  These delegations provide the necessary powers to RID Squad officers operating outside the Penrith LGA, (but within LGA’s of other participating Councils).

These delegations are for powers of:

·    An authorised officer and enforcement officer under the Protection of the Environment Operations Act 1997 and Regulations, (including powers of entry, inspection and related powers and the power to issue penalty notices)

·    Entry, inspection, and application for search warrants under the Environmental Planning and Assessment Act 1979

·    An authorised officer under the Environmental Planning and Assessment Act 1979 and Regulations

·    Entry and inspection under the Local Government Act 1993 and Regulations.

Pursuant to Section 381 of the Local Government Act 1993, for such delegations to Penrith City Council staff to be made by other Councils, they must first be formally approved by both Penrith City Council and the General Manager of Penrith City Council.

Documentation has been prepared for the General Manager to formally approve of these delegations.  Council will provide its formal approval if it adopts the recommendations of this report.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Regional Illegal Dumping Squad Delegations be received

2.     In accordance with Section 381 of the Local Government Act 1993,Council approves of the following delegations made by Bankstown City, Baulkham Hills Shire, Fairfield City, Holroyd City and Liverpool City Councils to any Penrith City Council employee appointed as a Regional Illegal Dumping Squad officer (including the person employed as the project co ordinator):

2.1.    Powers of an authorised officer and enforcement officer under the Protection of the Environment Operations Act 1997 and Regulations, (including powers of entry, inspection and related powers and the power to issue penalty notices)

2.2.    Powers of entry, inspection, and application for search warrants under the Environmental Planning and Assessment Act 1979 and Regulations.

2.3.    Powers of an authorised officer under the Environmental Planning and Assessment Act 1979 and Regulations

2.4.    Powers of entry and inspection under the Local Government Act 1993 and Regulations.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

3 July 2006

Leadership and Organisation

 

 

Leadership and Organisation

 

 

11

State Cabinet Visit to Penrith - 16 May, 2006   

 

Compiled by:                Colin Dickson, Services Marketing Co-Ordinator

Authorised by:             Geoff Shuttleworth, Economic Development and City Marketing Manager 

Strategic Program Term Achievement: A targeted program of advocacy and policy discussion is being conducted with the support of the community and City organisations around social, environmental, economic and infrastructure priorities.

Critical Action: Partnerships are in place and coordinated by Council to collaboratively advance nominated projects or programs of benefit to the City.

     

Purpose:

To advise Council of the outcomes of the visit by State Cabinet to Penrith on 16 May, 2006.  The report recommends that the information be received.

 

Background

         

Penrith City Council has once again hosted a State Cabinet meeting in Penrith City.  The North West Sydney State Government Cabinet Meeting on 16 May, 2006 was regionally focused and also included State Members from seven other surrounding electorates.

 

Council, the public and community groups were afforded an opportunity to meet with Ministers following their Cabinet meeting. We took advantage of this opportunity to raise a series of issues of importance to the City.

 

This report provides an overview of the requests made to each Minister and the outcomes of the meetings with them.

 

Current Situation

 

The approach taken with this visit was similar to the visit by State Cabinet to Penrith in June 2005 where issues were identified for discussion and a series of issue papers were prepared and forwarded to relevant Ministers prior to the visit. This report outlines the requests made of each relevant Minister along with the outcomes of the meetings that the Manager responsible for the particular issue had with the various Ministers. In total, 16 issues were identified for discussion. A copy of each of these issue papers is included as an attachment to tonight’s business paper.

 

Issue:         Penrith Football Stadium Upgrade

 (Facilities Operations Manager)

 

Request:  That The Hon. Sandra Nori, Minister for Tourism and Sport and Recreation support the formation of an inter-departmental State Government level working group to further develop and drive the project forward.

 

Outcome:

 

It was agreed Council should persist with its funding application for the further upgrade of the Stadium, however funds are limited.  Council was requested to develop options for staging the upgrades with relevant costs for each.  Alternate funding opportunities (grants of smaller amounts) were identified.  The option of a ‘working group’ that would involve representatives from Council and relevant government departments would be investigated by the Minister’s staff and be followed up by Council staff by letter.

 

Council officers will also review the masterplan, develop a staging plan, establish costs and ‘refresh’ the application currently before the government.

 

Issue:         Penrith Conservatorium of Music

                   (Facilities Operations Manager)

 

Request:   That The Hon. Carmel Tebbutt, Minister for Education and Training support the introduction of an annual recurrent operating subsidy for the expanded Penrith Conservatorium of Music.

 

Outcome:

 

This subsidy cannot be sourced from the Department of Education and Training - these are directed to NSW rural regional centres.  It was suggested Council make application through the Arts portfolio.  The Minister agreed to raise this with her Cabinet colleague.  Council officers will now make an appropriate submission to the Ministry for the Arts and seek discussion opportunity with the Minister.

 

 

Issue:         Maintenance of State Infrastructure

(Design & Technical Advice Manager and Asset Manager)

 

Requests: 

 

That the Hon. Eric Roozendaal, Minister for Roads:

 

·          Increase the service level of landscape maintenance, sweeping, graffiti and litter removal on main roads

 

·          Increase the level of funding allocated by the RTA for the regional road network

 

·          Review the proposed road re-classification of state roads as concerns are raised regarding the rationale, funding implications and ownership responsibility for bridge structures

 

·          Make an ongoing funding commitment for the recurrent costs associated with the CARES facility

 

·          Seek the support of Integral Energy to provide a contribution to Council for the removal of graffiti from Integral Energy assets throughout the City.

 

Outcomes:

 

The importance that Penrith places on the presentation of the City was conveyed to the Minister.  The Minister acknowledged the presentation problems and referred to graffiti that he saw on the M4 on his way to the Cabinet meeting.  The Minister undertook to have this matter attended to immediately.  Additional to this, the RTA will discuss with Council the ongoing arrangements for maintenance of state road infrastructure with Council officers.

 

The Minister was advised of the mounting funding problems for Secondary Roads where Council allocates far more than its share of maintenance.  The pending review of State Roads that proposes a shift of more roads to be Council’s responsibility was also raised.  It was also pointed out to the Minister that Council was seeking Ministerial approval for a rate increase to cover (in part) the increasing costs of maintaining local roads.  Any added road infrastructure from the review that was not matched by a funding commitment would further burden Council’s budget.  The RTA representatives indicated that if any roads were to be transferred to Council, there would be a proportionate increase in funding.  There would not be, however, any overall increase in the State governments funding for Regional Roads.  This would mean that whilst Council’s allocation might increase in total the unit rate would decrease.

 

The Minister acknowledged these issues and undertook for the chairperson of the Review Committee to meet with Council prior to the final report being submitted.  The Minister also gave an undertaking that Victoria Bridge would remain an RTA maintenance responsibility if Council accepted responsibility of the Great Western Highway through Emu Plains. 

 

The Minister also encouraged Council to make submissions under the Federal Government’s Roads to Recovery Program as there were funds available in that Program. 

 

The Minister was given an appraisal of the CARES facility and the benefits that were being made available to school children in the area.  The concern of the lack of an ongoing funding commitment from the RTA to the project was raised with the Minister.  The Minister undertook to have the RTA commit to their share of the recurrent costs for the facility ($5,000 pa).

 

The Minister advised he had previous discussions with the Member for Penrith about the provision of a contribution to Council for the removal of graffiti from Integral Energy assets throughout the City and advised that Integral Energy was waiting on a proposal to be submitted by Council on the costs involved with Council removing the graffiti from Integral assets. Once the proposal was submitted, Integral Energy would give consideration to providing a funding contribution to Council.

 

The Minister also advised that he had earlier met with representatives of the Glenmore Park Action Group (GPAG), who raised issues with the intersections on The Northern Road and Mulgoa Road with The Glenmore Parkway.  The Minister indicated that the Group’s objection to the proposed signalisation of The Northern Road intersection was not supported by the RTA.  The vegetation on the existing roundabout was also raised with the Minister, by GPAG.  The Minister was advised of the need to maintain appropriate sight lines at the intersection but that a fully opened view by motorists could result in higher approach speeds.  The Minister acknowledged this aspect.  The Minister was advised that the vegetation on the roundabout would be assessed and any necessary trimming would be carried out.

 

The Minister indicated that GPAG were also seeking two right turning lanes on the Mulgoa road roundabout and that this was being considered for installation on a trial basis.  It was pointed out to the Minister that this could result in a number of accidents and that it might not provide the desired results, as the major delay resulted from the congestion at the M4.  The Minister gave an undertaking that the RTA would meet with Council to examine possible solutions and then meet with representatives of GPAG.

 

Issue:         Infrastructure to Support the City’s Growth

(Design & Technical Advice Manager and Environmental Planning Manager)

 

Requests: 

 

That the Hon. Eric Roozendaal, Minister for Roads, the Hon. Frank Sartor, Minister for Planning and the Hon. John Watkins, Minister for Transport ensure that appropriate infrastructure is in place, in a timely manner, to meet the demands of future growth in the LGA. Council seeks that:

 

·    The key arterial links and upgrades are progressed and included in the RTA’s construction programs

·    Satisfactory arrangements are in place to enable developer agreements to be secured for new release areas and that there is certainty of government funding to ensure timely delivery of the necessary infrastructure

·    The impacts on the Penrith LGA of the North-West and South-West Growth Centres are addressed in the planning studies for the centres

·    A commitment be given by the relevant state agencies to participate in the development and implementation of the Integrated Transport and Land Use Plan for Penrith

·    A commitment to a delivery date for the UWS Station is given and development approvals for the work secured

·    Programs are put in place to provide adequate commuter parking at Penrith and St Marys stations.

 

 

Outcomes:

 

Council has previously provided the Minister and the RTA with a prioritised list of key infrastructure for their consideration for inclusion in programs.  The RTA representatives at the meeting confirmed that they were working on the concept designs for some of these works and were preparing preliminary costs.  These will be provided to Council for discussion purposes in due course.  The RTA re-emphasised that the timing and budget arrangements are critical in the programming of these works.

 

With regard to the new release infrastructure, the RTA was prepared to meet with Council to further explore funding opportunities, including the use of Infrastructure Levies.

 

The Minister was advised that the Growth Centres, particularly the North-West Centre, would place infrastructure demands on the Penrith LGA and that the advice that had been received by Council was that there was no mechanism being considered, in the planning of these centres, for the delivery of works outside of the centres.  The Minister acknowledged that this was a shortfall in the planning and that he would arrange for the matter to be investigated.

 

The Minister was advised of funding being made available from DoP for the development of an Integrated Transport and Land Use Plan for the City.  It was stressed with the Minister, however, that, for the plan to be effective, commitment from the relevant state agencies to the plan outcomes, was absolutely necessary.

 

It was also pointed out that the preferred model for the development of such a plan was through a Section 22 Committee.  The Minister expressed some caution that he did not want the development of the plan to indicate agreement to a potentially large infrastructure program.

 

The Arterial Roads Study, that Council has carried out in conjunction with the RTA, was explained to the Minister together with the funding apportionment model developed that identified a significant liability to new developments for future infrastructure.  Such an approach for access and transport issues could be developed in the integrated plan.  The Minister saw merit in such an approach and requested that correspondence be sent to his office outlining the terms of reference for the study and details of the Arterial Roads Study and apportionment model.

 

Securing the proposed UWS Railway Station has been the subject of extensive negotiations and requests to State Government over a considerable period of time .  We reminded the Minister  there has been clear support committed  previously by a number of past Ministers for Transport and the Premier to the development of the Station. However, Council has not been provided with a  clear decision on its timing, funding or process for delivery. Also stressed was the critical timing involved in ensuring the availability of the Station to support the rollout of development and supporting transport initiatives in the WELL Precinct.

 

The Minister indicated that Railcorp was awaiting a response from the Department of Defence (DOD) concerning their position in relation to the transfer of land currently held by DOD which is required to facilitate access to the Station, establishment of a transport interchange and commuter carparking. In relation to the Government's position on advancing the Station construction, the Minister was non-committal and indicated he would need to seek further advice from his Department. The Minister did however acknowledge the opportunity which now exists with the Government's recent announcements concerning regional infrastructure levies to reconsider funding arrangements.

 

In relation to the need for expanded commuter carparking at Penrith and St Marys Stations and Council's submissions for funding, the Minister indicated that a review is currently being conducted within his Department and is scheduled to be completed shortly. The Minister advised that he was very aware of Council's submissions and the importance we had placed on upgrading these transport facilities and the increasing role they play in servicing the rail network.

 

Issue:         The Need for a River Management Authority

(Environmental Health Manager)

 

Requests:

 

That The Hon. Ian Macdonald, Minister for Natural Resources:

 

·    Consider the establishment of a River Manager for the Hawkesbury/Nepean River with the ultimate accountability for the health of the river and with the powers and resources consistent with that accountability

 

·    Ensure that an aquatic weed harvester is permanently based in the Hawkesbury/Nepean Catchment with appropriate long-term operational funding.

 

Outcome:

 

The Minister asked that Council make a more detailed submission to him on why the current catchment management model is not effective in a highly urbanised catchment like the Hawkesbury/Nepean.  The Minister undertook to investigate this further with both the Hawkesbury/Nepean and the Sydney Harbour Catchment Management Authorities.

 

The Minister felt that aquatic weeds were currently under control as a result of a recent harvesting work and that this problem has been accelerated by the drought.

 

Issue:         NSW Workers Compensation

                   (Financial Services Manager)

 

Request:   That the Hon. Kerry Hickey, Minister for Local Government, give consideration  to amending workers compensation legislation to facilitate the creation of self insurance pools.

 

Outcome:

 

The Minister congratulated Council for its innovative thoughts and offered to arrange for a Senior Officer of Work Cover NSW to open discussions. The Minister perceived no conflict with current policy.

 

The Minister’s Office provided a contact the following day. Contact was made by the General Manager of the Workers Compensation Division of Work Cover. Council Officers, with representatives from Westpool, will contact the General Manager to discuss the process for obtaining a Special Insurer’s status for Westpool councils.

 

Issue:         Infrastructure Bonds

(Financial Services Manager)

 

Request:   That The Hon. Kerry Hickey, Minister for Local Government, consider mechanisms that assist Councils in utilising infrastructure bonds as a funding source.

 

Outcome:

 

The Minister was given an outline of Council’s reasons for pursuing an infrastructure bond issue as an alternative means of debt finance.  The Minister primarily saw this as a matter for the State Treasurer and suggested that representations be made to the current Minister to pursue this initiative.  A letter will be sent accordingly.

 

Issue:         Availability of Recycled Water for the City of Penrith

(Environmental Health Manager)

 

Requests :

 

That the Hon. David Campbell, Minister for Water Utilities:

 

·    Seek the urgent advancement of a recycled water scheme for the City of Penrith in accordance with the detailed planning an feasibility studies undertaken over many years

·    Consider the investigation and development of further recycled water schemes from the St Marys STP

·    Consider the formation of a formal partnership between Sydney Water and the Council by way of a Memorandum of Understanding to pursue opportunities for further recycled water schemes.

 

Outcome:

 

The Minister was very positive about the recycled water proposal for Penrith and indicated he expected that there will be a breakthrough soon. 

 

The Minister was also very positive about the pursuit of further recycled water projects around the St Marys STP in a partnership with Council.  A formal Memorandum Of Understanding was discussed as an option to pursue this.

 

Issue:         Funding for Arts Development in Penrith and across Western Sydney

                   (Community Development Manager)

 

Request:   That The Hon. Bob Debus, Minister for the Arts, address the historical backlog in funding for cultural development activities in Penrith by supporting the development of a Memorandum of Understanding between Council and the Ministry of the Arts that includes a triennial funding agreement based on agreed outcomes for cultural development activities both at a regional and local level.

 

Outcome:

 

The Minister was supportive of the approach by Council for funding for a Cultural Development staff position, particularly given the expectations placed upon the City through the metropolitan strategy. The Minister was advised of the work undertaken to date and commented on the good work of Penrith City Council in relation to cultural facilities. The Minister advised that Council officers make an appointment with the Projects Officer from the Ministry of the Arts who has responsibility for the Western Sydney Arts Strategy to discuss a further submission to the Ministry for triennial funding. The Minister stated his support for such a submission and commended the work of Penrith City Council to date.

 

Issue:         Recurrent Funding for Core Social Services

(Community Development Manager)

 

Request:   That The Hon. Reba Meagher, Minister for Community Services, make representations to the Premier and Deputy Premier to increase the funds available for the provision of core social services under the NSW Area Assistance Scheme.  In particular, that the NSW Government increase the amount of funds available for recurrent services under the “pick-up” mechanism that is available under the Area Assistance Scheme administered by the Department of Community Services.

 

Outcome:

 

The position was put that with the expected growth in population in Penrith City over the next 20 years there was a need for a specific increase in the available funds for Area Assistance Scheme recurrent “pick-up” projects.

 

Over the last 10 years the funds available have been reduced, resulting in a reduction in the capacity of local community development projects and youth services to run programs and contribute to social capital and community capacity.

 

The Minister clearly indicated no additional funds would be available in the Area Assistance Scheme program.  The Minister indicated that the Department placed much greater emphasis on contestability in access to funding and that the funding reform process that is expected to roll out in the next few years would bring with it changes to the way the Department allocates funds to community organisations under the Community Services Grants Program.

 

The Minister was interested to hear of local projects that might be so successful and that warrant consideration for “pick-up” and recurrent or at least extended funding.

 

It was indicated this would need to be discussed with our community partners and this offer of the Minister would be followed up with correspondence.

 

Issue:         Salary Subsidies for Local Government Aged/Disability Officers

(Community Development Manager)

 

Request:   That The Hon. John Della Bosca, Minister for Ageing and Disability, review the Departmental funding policy with respect to the salary subsidies paid to local government to ensure that adequate and equitable levels of funding are provided to each council.

 

 

 

 

Outcome:

 

The position was put that Council’s Aged and Disability Services Officer is proactive in working with the Home and Community Care funded community services sector and the Department of Ageing, Disability and Home Care in developing and supporting initiatives that seek to enhance the service system for clients.  Examples of this were given to the Minister including the Respite Accommodation one-stop shop registry and more recently work has progressed on a similar centralised one-stop service point for personal care.  Council’s commitment to making the part-time Disability Access Officer position permanent was also pointed out to the Minister as a clear indicator of Council’s commitment to enhancing service delivery and access for people with a disability as well as frail aged people.

 

The Minister responded positively to Council’s obvious commitment in this area and indicated that the Commonwealth was opposed to additional HACC resources being made available for resourcing/co-ordinating type positions.  The Minister said he was willing to raise this matter again with the Commonwealth.

 

It was agreed that Council would follow up this issue with correspondence to the Minister for further consideration and action.

 

Issue:         Investing in Children

(Children’s Services Manager)

 

Requests:

 

That The Hon. Reba Meagher, Minister for Community Services:

 

·          Announce the results of the review of funding and planned actions to provide adequate funding to sustain not for profit pre-schools, long day care and vacation care, and to address the issues raised in the SCAN evaluation

 

·          Commit to raise the budget provision with the Premier and Treasury to immediately address the entitlement of every four year old child to preschool education in NSW at an equitable and low cost as in Department of Education pre-schools

 

·          Supports the development of a Joint National, State and Local Government initiative to provide a comprehensive and cohesive Children’s Strategy and children’s services system that addresses funding and service models for children 0-12 years.

 

Outcomes:

 

The Minister stressed the importance of any additional investment in pre-schools delivering viability and long-term sustainability.  Affordability, increased access including a universal year of pre-school were also raised as important goals.

 

The Minister indicated that there would be an announcement in the budget in relation to pre-schools.  The Minister emphasised the need for a unitary system of service delivery covering both Department of Education pre-schools and others. 

The Minister also indicated that the NSW Government continues to lobby the Commonwealth in relation to users of pre-school services also being eligible for Child Care Benefit.  This is an inequity in the system. The Minister also acknowledged the need for capital investment.

 

The importance o