Agenda of Ordinary Meeting

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 21 APRIL 2008 AT 7:40PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

His Worship the Mayor, Councillor Greg Davies 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 Greg Davies, Councillors Kaylene Allison, David Bradbury, Lexie Cettolin, Kevin Crameri OAM, Mark Davies, Ross Fowler OAM, Jackie Greenow, Karen McKeown, Garry Rumble, Pat Sheehy AM, Steve Simat (arrived at 8:11 pm) and John Thain.

APOLOGIES

112 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy AM that the apology from Councillor Steve Simat be accepted.

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Jim Aitken OAM for the period 7 April 2008 to 21 April 2008 inclusive.

A request for three weeks leave of absence was received from Councillor Susan Page for the period 21 April 2008 to 12 May 2008 inclusive.

113 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Garry Rumble that leave of absence be granted to Councillor Susan Page for the period 21 April 2008 to 12 May 2008 inclusive.

CONFIRMATION OF MINUTES - Ordinary Meeting - 7 April 2008

114 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Lexie Cettolin that the minutes of the Ordinary Meeting of 7 April 2008 be confirmed.

DECLARATIONS OF INTEREST

Councillor Kaylene Allison declared a pecuniary interest in Item 7 - Development Application DA07/0742 for the use of an existing school hall as a Place of Worship at Lot 912 DP 836641 (No. 86 - 90) Andromeda Drive, Cranebrook as she is employed by the Trustees of the Roman Catholic Church.

SUSPENSION OF STANDING ORDERS

115 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jackie Greenow that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:43 pm.

Rita Schembri

Item 6 – Section 94 Contributions for Dual Occupancies

Speaking AGAINST the Recommendation

Ms Schembri, representing an affected person, spoke against the fees charged for Section 94 contributions, and suggested that these costs, along with other development costs, were prohibitive to residents wishing to carry out a dual occupancy development on their property. Also, noting the additional cost of an Aboriginal Cultural Assessment, which is required to be undertaken over some properties in the Penrith Local Government Area.

Councillor Kaylene Allison left the meeting, the time being 7:50 pm.

Father David Maguire

Item 7 – Development Application DA07/0742 for the use of an existing school hall as a Place of Worship at Lot 912 DP 836641 (No. 86 – 90) Andromeda Drive, Cranebrook

Speaking FOR the Recommendation

Father Maguire, spokesperson the applicant, spoke in favour of the application, but requested amendment of a number of conditions of consent which referred to the maximum size of any congregation, ventilation of the hall and noise attenuation during use of the PA system and when the band is playing, and the matter of overflow parking in Andromeda Drive. Father Maguire indicated that, if these conditions are amended, the Parish would be able to comply with all of the conditions of consent and reasonably satisfy Council and neighbours concerning the scope of its activities.

Don Barnes

Item 7 – Development Application DA07/0742 for the use of an existing school hall as a Place of Worship at Lot 912 DP 836641 (No. 86 – 90) Andromeda Drive, Cranebrook

Speaking AGAINST the Recommendation

Mr Barnes, an affected neighbour, spoke against the recommendation for approval of this development, citing a number of matters of concern, such as hours of operation; noise emanating from the hall; parking issues; number of people attending using the facility; absence of a landscaping buffer and car park lighting; and wedding receptions being held in the area outside the hall.

116 RESOLVED on the MOTION of Councillor Lexie Cettolin seconded Councillor Kevin Crameri OAM that an extension of time be granted to Mr Don Barnes, the time being 8:04 pm.

Mr Barnes concluded by requesting that a decision on this development be deferred to enable other local residents, who were not aware that this matter was to be presented to Council this evening, to comment on the proposal.

RESUMPTION OF STANDING ORDERS

117 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Pat Sheehy AM that Standing Orders be resumed, the time being 8:06 pm.

Councillor Kaylene Allison returned to the meeting, the time being 8:07 pm.

Mayoral Minutes

Councillor Steve Simat arrived at the meeting, the time being 8:11 pm.

Councillor Lexie Cettolin left the meeting at 8:12 pm and did not return.

1 Federal Cabinet makes history in Penrith

118 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow

That:

1. The Mayoral Minute on Federal Cabinet makes history in Penrith be received.

2. Council thank the Prime Minister and Cabinet for choosing Penrith as the venue for the first Community Cabinet meeting in New South Wales and the Civic Centre as the venue for the first Cabinet meeting held outside of a Federal Government building.

3. Council thank the local member, David Bradbury, for his assistance with both the Community Cabinet and Cabinet meetings being held in Penrith.

4. Council thank Jamison High School staff, students, band and singer, Nicholas Gentile, for contributing to the success of the Community Cabinet meeting.

Launch of Camp Victory

Councillor Jackie Greenow presented the Mayor with a certificate of appreciation and a photo of participants from the Camp Victory project that was recently conducted in the St Marys area, for the benefit of young offenders or those at risk of offending. Councillor Greenow noted that this project was a joint effort which involved local Police, Army, and Rotary Club as well as Council staff and financial support.

Reports of Committees

1 Report and Recommendations of the Local Traffic Committee Meeting held on 7 April 2008

119 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 April, 2008 be adopted.

MASTER PROGRAM REPORTS

The City in its Broader Context

1 Status on the Planning Reforms and the Release of the Exposure Draft Bills

120 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Status on the Planning Reforms and the Release of the Exposure Draft Bills be received.

2. Council endorse a submission to the Department of Planning, based on the matters outlined in this report, in response to the Planning Reforms Exposure Draft Bills.

3. The implications of the planning reform legislation, when it is introduced, be reported to Council’s Development Regulation Working Party and Council.

Recomittal of Item 1 - Status on the Planning Reforms and the Release of the Exposure Draft Bills

121 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM that consideration of Item 1 - Status on the Planning Reforms and the Release of the Exposure Draft Bills be recommitted for consideration of Council.

A MOTION was MOVED by Councillor Mark Davies seconded Ross Fowler OAM

That:

1. The information contained in the report on Status on the Planning Reforms and the Release of the Exposure Draft Bills be received.

2. Council endorse a submission to the Department of Planning, based on the matters outlined in this report, in response to the Planning Reforms Exposure Draft Bills.

3. The implications of the planning reform legislation, when it is introduced, be reported to Council’s Development Regulation Working Party and Council.

4. The Mayor write to the Premier, the Hon Morris Iemma MP, seeking the resignation of the Minister for Planning, the Hon Frank Sartor MP, in relation to the perceived lack of transparency, accountability and reduced public consultation. Furthermore, to the reduction of councils’ traditional autonomy to approve local development and responsibility for decisions on behalf of the local community.

An AMENDMENT was MOVED by Councillor David Bradbury seconded Councillor Pat Sheehy AM

That:

1. The information contained in the report on Status on the Planning Reforms and the Release of the Exposure Draft Bills be received.

2. Council endorse a submission to the Department of Planning, based on the matters outlined in this report, in response to the Planning Reforms Exposure Draft Bills.

3. The implications of the planning reform legislation, when it is introduced, be reported to Council’s Development Regulation Working Party and Council.

Upon being PUT to the Meeting, the AMENDMENT was CARRIED.

Councillor David Bradbury called for a DIVISION.

For Against

Councillor Pat Sheehy AM Councillor Ross Fowler OAM

Councillor David Bradbury Councillor Steve Simat

Councillor Kaylene Allison Councillor Mark Davies

Councillor Karen McKeown Councillor Garry Rumble

Councillor John Thain Councillor Kevin Crameri OAM

Councillor Jackie Greenow

Councillor Greg Davies

122 The AMENDMENT became the MOTION and was CARRIED.

The City as a Social Place

2 Glenmore Park Community Equipment Pool

123 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown

That:

1. The information contained in the report on Glenmore Park Community Equipment Pool be received.

2. The Section 377 Committee for the Glenmore Park Community Equipment Pool project be dissolved and the project be discontinued.

3. Any remaining equipment in the Glenmore Park Community Equipment Pool be donated to local community groups in Glenmore Park.

4. The balance of remaining funds of $1,000 in the account of the Glenmore Park Community Equipment Pool be returned to the Glenmore Park S94 reserve.

3 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients

124 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown that the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel including results gained by recipients be received.

5 Variation to 88B Instrument for Lot 804 DP 1068323 (No. 16 - 21) Belleview Avenue, Mt Vernon. Applicant: Renata Bacic; Owner: Renata Bacic DA07/1288

125 RESOLVED on the MOTION of Councillor Garry Rumble seconded Councillor Karen McKeown

That:

1. The information contained in the report on Variation to 88B Instrument for Lot 804 DP 1068323 (No. 16 - 21) Belleview Avenue, Mt Vernon be received

2. The terms of clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument attached to Lot 804, DP 1068323, be varied as follows as it applies to Lot 804 only:

(b) All development erected on the subject lot will be in accordance with the proposed building platform indicated on the Site Plan Prepared by Charleston Homes Pty Ltd, Drawing for Job Number BAC34307

3. The Common Seal of Penrith City Council be affixed to the necessary documentation

4. Development Application No 07/1288 for the construction of a dwelling, in-ground swimming pool, pavilion, shed and entry gates, and the installation of an on site sewerage management system, be approved subject to the proposed conditions of Development Consent as follows:

Standard Conditions

4.1 A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D009 – Covering Waste Storage area

E001 – BCA compliance

E005 – Smoke Alarms

F010 – Septic distance from house

H001 – Stamped plans and erection of site notice

H011 – Engineering plans and specifications

H013 – Further details of building components

H014 – Slab design

H015 – Termite protection

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

H034 – Bushfire roof sarking

I003 – Roads Act approval

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

4.2 The development must be implemented substantially in accordance with the plans numbered for Job No BAC54507, drawn by Charleston Homes and dated 4th July 200y, the application form, the BASIX Certificate, and any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions

4.3 All boundary fences are to be low profile, open style and rural in character. The front fence is not to exceed 1.5m in height. The brick dwarf wall is not to exceed 300mm above natural ground level at any point.

4.4 The future swimming pool is to be the subject of a separate development application to Council.

4.5 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be registered with the Land and Property Information division of the Department of Lands

The variation to the covenant shall be in the terms approved by resolution of Penrith City Council

4.6 Cut and fill operations on the property are only permitted in conjunction with the building works and shall be strictly limited in depth and extent to that detailed on the approved plans and specifications

Before any fill material is imported to site, a validation certificate issued by an appropriately qualified person is to be provided to the Principal Certifying Authority. The validation certificate must demonstrate that the fill material is free from contaminants and weeds, that it is suitable for its intended purpose and land use, and that it will not pose an unacceptable risk to human health or the environment

If Penrith City Council is not the Principal Certifying Authority, a copy of the validation certificate is to be submitted to Council for their reference

{Note: Penrith Contaminated Land Development Control Plan defines an appropriately qualified person as “a person who, in the opinion of Council, has a demonstrated experience, or access to experience in hydrology, environmental chemistry, soil science, eco-toxicology, sampling and analytical procedures, risk evaluation and remediation technologies. In addition, the person will be required to have appropriate professional indemnity and public risk insurance.”}

4.7 All house sewer and plumbing work shall be carried out in accordance with Sydney Water's requirements or the Local Government (Water, Sewerage and Drainage) Regulation 1993

a) Penrith City Council is both the consent authority and certifying authority for the installation of the On Site Sewage Management System (OSSM), otherwise known as a septic tank system. It is your responsibility to contact Council's Building Approvals and Environment Protection Department to organise all inspections required for the installation of the system. In this regard, the following will require inspection:

· All internal and external drainage lines and septic tanks before they are backfilled/covered

· On completion of the system's installation and prior to its commissioning, ensuring compliance with those conditions specific to the installation of the system

A copy of the satisfactory inspection reports carried out by Council shall be submitted to the Principal Certifying Authority if Council is not the Principal Certifying Authority

i. The septic tank, drainage lines and effluent disposal area shall not be altered without the prior approval of Council. In addition, the septic tank shall not be buried or covered

ii. There shall be no effluent runoff from the subject property to adjoining premises, public places or reserves

iii. There shall be available all year round, adequate water supply that is available to the property

4.8 The Eco Max Cells shall have a minimum area of 140m2 and shall be prepared in accordance with the “Environmental and Health Protection Guidelines On Site Sewage Management for Single Households” and AS1547:2000

Prior to the issue of the Occupation Certificate and the issue of an operational licence for the OSSM system by Penrith City Council, the effluent disposal area shall be:

· Prepared/ landscaped in accordance with the stamped - approved plans

All stormwater and seepage shall be diverted away from the disposal area by using an agricultural drain or earthen bund and dish drain

4.9 Prior to the commencement of construction works:

(a) Toilet facilities at or in the vicinity of the work site shall be provided at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

· A standard flushing toilet connected to a public sewer, or

· If that is not practicable, an accredited sewage management facility approved by the council, or

· Alternatively, any other sewage management facility approved by council

4.10 The recommended construction details to reduce aircraft noise intrusion to meet indoor design sound levels, as detailed in the report prepared by Acoustic Logic Consultancy and dated 12th May 2006 are to be undertaken during construction. As the recommended construction details are carried out and on completion of the development, a qualified acoustic consultant shall certify that the development has been constructed to meet the indoor design sound levels in accordance with the approved acoustic report

4.11 Roof and surface water shall be disposed of in accordance with the approved drainage design. Overflow from the existing in-ground rainwater tank is to be disposed of into the street gutter

4.12 The existing trees to the perimeter of the property, other than those nominated on the site plan to be relocated, shall be retained and duly protected during the construction of the development. Tree protection measures shall be installed before any works can commence on site including the clearing of site vegetation

4.13 An Occupation Certificate is to be obtained from the Principal Certifying Authority on completion of all works and prior to the occupation of the dwelling. The commitments listed in the BASIX Certificate are to be completed prior to the issue of the Occupation Certificate

The Certificate shall not be issued if any conditions of this consent, but not the conditions relating to the operation of the development, are outstanding. This includes submitting the following documentation to the Principal Certifying Authority:

(a) Written documentation or Compliance Certificate from Penrith City Council certifying to the satisfactory completion of works approved under the Roads Act 1993

(b) Written documentation or certification attesting to the satisfactory installation of, and the Licence to Operate the on site sewage management system issued by Penrith City Council

(c) Certification from a qualified acoustic consultant certifying that the development has been constructed in accordance with the approved acoustic report/to meet the indoor design sound levels in accordance with the approved acoustic report

4.14 A copy of the Occupation Certificate and all necessary documentation supporting the issue of the Certificate is to be submitted to Penrith City Council, if Council is not the Principal Certifying Authority. In the event that a Compliance Certificate was issued by the Principal Certifying Authority certifying compliance that all conditions of the development consent required to be met has in fact been met as well as any documentation stated above, shall be submitted to Penrith City Council if Council is not the Principal Certifying Authority.

Councillor Garry Rumble left the meeting, the time being 8:55 pm.

4 Western Sydney Employment Hub - Public Exhibition of draft SEPP (Western Sydney Employment Hub) 2008 and draft Erskine Park Link Road Network Plan

Councillor Garry Rumble returned to the meeting, the time being 8:58 pm.

126 RESOLVED on the MOTION of Councillor Steve Simat seconded Councillor Pat Sheehy AM

That:

1. The information contained in the report on Western Sydney Employment Hub - Public Exhibition of draft SEPP (Western Sydney Employment Hub) 2008 and draft Erskine Park Link Road Network Plan be received

2. Council endorse a submission to the Department of Planning on the Western Sydney Employment Hub Draft SEPP and Draft Erskine Park Link Road Network plan based on the issues identified in the report.

3. Council endorse a deputation to meet with the Premier seeking his support for the RTA to move as a matter of urgency to undertake the necessary acquisition and construction of the Link Road network between Erskine Business Park and the M7.

6 Section 94 Contributions for Dual Occupancies

127 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Section 94 Contributions for Dual Occupancies be received.

2. An urgent report be presented to the next Ordinary Meeting of Council concerning Section 94 fees and charges, in particular contributions for District Open Space and Local Open Space, as well as fees applicable to ‘granny flats’.

Having previously declared a pecuniary interest in Item 7, Councillor Kaylene Allison left the meeting, the time being 9:16 pm.

7 Development Application DA07/0742 for the use of an existing school hall as a Place of Worship at Lot 912 DP 836641 (No. 86 - 90) Andromeda Drive, Cranebrook. Applicant: Corpus Christi Parish; Owner: Trustees of the Roman Catholic Church DA07/0742

128 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Kevin Crameri OAM that consideration of this matter be deferred and a further report come back to Council which considers the matters raised by speakers to this Item, particularly with regard to special conditions 2.22, 2.33 and 2.34.

Councillor Kaylene Allison returned to the meeting, the time being 9:30 pm.

The City as an Economy

8 Young Achievement Australia Business Skills Program

129 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jackie Greenow

That:

1. The information contained in the report on Young Achievement Australia Business Skills Program be received.

2. Council write to Young Achievement Australia requesting an evaluation of its program so that Council may consider any future requests for sponsorship from the Program, if required.

The City Supported by Infrastructure

9 Tender 16-07/08 Relocation of Water Mains at Caddens Road, Claremont Meadows

130 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler OAM

That:

1. The information contained in the report on Tender 16-07/08 Relocation of Water Mains at Caddens Road, Claremont Meadows be received.

2. Firedam Civil Engineering Pty Ltd be engaged to undertake the Relocation of the Water Mains at Caddens Road, Claremont Meadows.

Leadership and Organisation

10 Pecuniary Interest Returns

131 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Garry Rumble that the information contained in the report on Pecuniary Interest Returns be received.

11 Update on Local Government Elections - 13 September 2008

132 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Garry Rumble that the information contained in the report on Update on Local Government Elections - 13 September 2008, be received.

12 Amendments to the 2008 Meeting Calendar

133 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Garry Rumble

That:

1. The information contained in the report on Amendments to the 2008 Meeting Calendar be received.

2. The 2008 Meeting Calendar be altered as follows:

· the Monday night meetings from 12 May 2008 through to 2 June 2008 inclusive be rescheduled to provide for an Ordinary Council meeting on 19 May 2008, a Policy Review Committee on 12 May 2008 and Councillor Briefings on 26 May 2008 and on 2 June 2008 (Management Plan Public Forum);

· the Monday night meetings from 1 September 2008 through to 29 September 2008 inclusive be rescheduled to provide for Ordinary Council meetings on 8 September 2008 and on 29 September 2008 (Mayoral Election) and a Policy Review Committee meeting on 1 September 2008;

3. Council note the intention to submit a report to a meeting of the Policy Review Committee, prior to the end of the term of the current Council, on the balance of the 2008 Meeting Calendar and on the 2009 Meeting Calendar.

16 Summary of Investments & Banking for the period 1 March to 31 March 2008 and an Agency Collection Method

134 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Garry Rumble

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 March to 31 March 2008 and an Agency Collection Method be received.

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 March 2008 to 31 March 2008 be noted and accepted.

3. The graphical investment analysis as at 31 March 2008 be noted.

4. The Agency Collection Methods be noted.

13 Council Property - Leasing of parts of "Community" land under Council's Plan of Management to Scouts Australia over three Open Space parcels of land

135 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jackie Greenow that consideration of this matter be deferred until Councillors have been provided with information as to the contents of Agreements with Scouts Australia, regarding the maintenance of buildings and grounds that are used by the organisation, as well as other similar agreements that may exist with Girl Guides and like organisations.

14 Memorandum of Understanding between Blue Mountains City Council and Penrith City Council

136 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kaylene Allison

That:

1. The information contained in the report on Memorandum of Understanding between Blue Mountains City Council and Penrith City Council be received.

2. Council endorse the General Manager signing a Memorandum of Understanding between Blue Mountains City Council and Penrith City Council.

3. Council send a letter to the Hon Kerry Hickey, former Minister for Local Government, the Hon Paul Lynch MP, Minister for Local Government, and the Hon Anthony Albanese, Federal Minister for Infrastructure, Transport, Regional Development and Local Government, advising that Council is actively working with other Councils, with a copy of the report to be provided to the Hon Kerry Hickey.

4. A memo be provided to Councillors regarding the status of Council’s Memorandums of Understanding with other adjoining councils.

15 City Operations Directorate Report to end of March 2008

137 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow that the information contained in the report on City Operations Directorate Report to end of March 2008 be received.

QUESTIONS WITHOUT NOTICE

QWN 1 Parking Issue - Debrincat Avenue, St Marys

Councillor John Thain requested a memo reply concerning a truck which has been parked on the verge of Debrincat Avenue, St Marys and is blocking the footpath.

QWN 2 Provision of Footpath - Trent Street, South Penrith

Councillor Mark Davies requested that an amount of $16,800 from South Ward voted works be allocated to the provision of a footpath along Trent Street, South Penrith for a length of 280 m.

138 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Garry Rumble that the matter be brought forward and dealt with as a matter of urgency.

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

139 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Garry Rumble that an amount of $16,800 from South Ward voted works be allocated to the provision of a footpath along Trent Street, South Penrith for a length of 280 m.

QWN 3 Trimming of Trees - High Street, Penrith

Councillor Mark Davies requested a memo reply regarding the trimming of overgrown trees along both the south and north sides of High Street, Penrith, in particular in the Cottage Lane area, to prevent them from hanging over shop awnings and causing problems with drainage in these awnings.

QWN 4 Referral of Personnel Matters to Committee of the Whole

Councillor Kevin Crameri OAM advised that he had two matters to be considered at the end of the meeting, in Committee of the Whole.

QWN 5 CEOs Land Supply Committee

Councillor Kevin Crameri OAM requested a memo reply to all Councillors providing information as to whether land at Glenmore Park was dealt with by this Committee, at the same time as land at Cranebrook was considered.

Councillor Mark Davies left the meeting, the time being 9:46 pm.

QWN 6 Parking at YWCA, Penrith

Councillor Kevin Crameri OAM requested a memo reply concerning lack of adequate, well-lit parking at the YWCA in Penrith, and also concerning the strong odour of paint thinners or a similar substance in the area.

Councillor Mark Davies returned to the meeting, the time being 9:49 pm.

QWN 7 Provision of Industrial Mower for use of RDA and Pony Club

Councillor Kevin Crameri OAM requested that the amount of $500 from each Ward’s voted words ($1,500 in total) be allocated to the purchase from Council of an industrial type mower for use by the Riding for the Disabled (RDA) and Pony Club.

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

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

141 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Pat Sheehy AM that the amount of $500 from each Ward’s voted words ($1,500 in total) be allocated to the purchase from Council of an industrial type mower for use by the Riding for the Disabled (RDA) and Pony Club.

QWN 8 Berkshire Park Rural Fire Brigade - Ute Show

Councillor Kevin Crameri OAM (on behalf of Councillor Lexie Cettolin), requested that the amount of $600 from North Ward voted works be allocated to the hire of the Berkshire Park Community Hall for the 4^th Annual Rural Living and Ute Show, to commence on 19 July 2008.

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

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

143 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Pat Sheehy AM that the amount of $600 from North Ward voted works be allocated to the hire of the Berkshire Park Community Hall for the 4^th Annual Rural Living and Ute Show, to commence on 19 July 2008.

QWN 9 Footpaving - Saddington Street, St Marys

Councillor Jackie Greenow requested that the amount of $12,000 from East Ward voted works be allocated to the provision of a footpath for Saddington Street, St Marys, on the southern side between Monfarville Street and Collins Street.

144 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Steve Simat that the matter be brought forward and dealt with as a matter of urgency.

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

145 RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Steve Simat that the amount of $12,000 from East Ward voted works be allocated to the provision of a footpath for Saddington Street, St Marys, on the southern side between Monfarville Street and Collins Street.

QWN 10 100 Year anniversary of Penrith Weir

Councillor Jackie Greenow requested a report to Council on the feasibility of conducting a ‘river festival’ to mark the 100 year anniversary of Penrith Weir in 2009.

QWN 11 Grass cutting carried out at Lighthorse Interchange on the M4 Motorway

Councillor Jackie Greenow requested that a letter be sent to the RTA, thanking the Authority for the recent mowing of the grassed area in the vicinity of the Lighthorse Interchange on the M4 Motorway, and suggesting that this area be regularly maintained to this high standard.

QWN 12 Condition of Property in Saddington Street, St Marys

Councillor Jackie Greenow requested a memo reply to all Councillors concerning a heritage property in Saddington Street, St Marys which has not been repaired, and requesting information as to when these repairs will be complete.

QWN 13 Tree Maintenance - Queens Street, St Marys

Councillor Greg Davies requested an urgent memo reply to all Councillors on the status of tree trimming in Queen Street, St Marys.

QWN 14 St Clair Netball Courts

Councillor Greg Davies requested that an inspection of St Clair Netball courts be carried out regarding maintenance issues including a broken brick wall; water spilling over the wall at the Endeavour Road end of the courts and mud making the court unusable; and addressing the feasibility of providing a car park as there is an issue with night time parking as cars currently block the road, with a memo reply to be provided to all Councillors.

QWN 15 Finlay Street Carpark, St Marys

Councillor Greg Davies requested an inspection of the Finlay Street Carpark, St Marys, with a memo reply to be provided to all Councillors.

Committee of the Whole

146 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Ross Fowler OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:58 pm.

1 Presence of the Public

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

2 Question Without Notice 4 - Referral of Personnel Matters to Committee of the Whole

Two matters raised by Councillor Kevin Crameri OAM were referred to Committee of the Whole as they refer 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 10:10 pm and the Acting General Manager reported that the Committee of the Whole met at 9:58 pm on Monday 21 April 2008, the following being present

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

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1.

CONFIDENTIAL BUSINESS

2 Question Without Notice 4 - Referral of Personnel Matters to Committee of the Whole

After Councillor Crameri was given an opportunity to outline the issue, the Mayor indicated to the Committee that the Question Without Notice concerning two properties in Cranebrook was not a matter for discussion in Confidential Business and that the meeting should be reopened to the public.

ADOPTION OF Committee of the Whole

147 RESOLVED on the MOTION of Councillor Pat Sheehy AM seconded Councillor Jackie Greenow that a memo reply to all Councillors be provided in response to the matters raised by Councillor Crameri being an overgrown and unsightly property in Harry Lawler Road, Cranebrook and the subdivision of a property in Linden Crescent, Cranebrook.

There being no further business the Chairperson declared the meeting closed the time being 10:12 pm.

*Ordinary Meeting*	*5 May 2008*
*Leadership and Organisation*

Leadership and Organisation

Draft 2008-2009 Management Plan

Compiled by: Ken Lim, Organisational Development Co-ordinator

Geraldine Brown, Budget Accountant

Authorised by: Vicki O’Kelly, Financial Services Manager

Ross Kingsley, Corporate Development Manager

Strategic Program Term Achievement: Council's operating culture is flexible, efficient, integrated and aligned to Council's strategic objectives and program delivery.

Critical Action: Prepare, implement and review management plans and processes aligned to and consistent with Council’s Strategic Plan and Program.

Purpose:

To present the Draft 2008-2009 Management Plan documents and accompanying information for Council's consideration and adoption to enable their public exhibition. The report advises Council of further details regarding public consultation on the draft Plan. The report recommends that the Draft Management Plan be adopted for public exhibition.

Due to the size of these documents, copies have been provided to Councillors under separate cover. Copies are also available to the public.

Background

The Draft 2008-2009 Management Plan provides for the delivery of the final instalment of Council’s four year program within its 2005-2009 Strategic Plan, Penrith City: the Competitive Edge.

Preparation of the draft Plan has involved extensive discussions with Council through a series of workshops and reports.

The draft documents presented tonight for Council’s consideration represent the culmination of Council’s discussions and resolutions over the last few months.

2005-2009 Strategic Plan and Program

In December 2004, Council adopted the 2005-2009 Strategic Plan for the City and the Strategic Program to deliver it. Through this process, Council considered in depth both a longer term vision and a more specific four year program for the City. Management was directed to assess the essential responses to the Strategy over the four year period 2005-09 and beyond, in the context of both existing services and capacity and future possible requirements.

In adopting its Strategy, Council highlighted certain key themes of the Plan for emphasis in the organisation’s response to the four year program. While recognising that Council’s strategy continued and built on many of the principal directions set by previous Councils, it was also seen to reflect a number of new or strengthened themes, such as:

·· The City considered in a broader context and in its metropolitan role, leadership, collaboration and partnering with government, other advocates and the City’s people

·· Managing the growth, development and change of places so that they are sustainable and satisfying for those who choose to live there, recognising this need not only for new areas but for our older neighbourhoods

·· Quality of life for residents, including accessible cultural, social, economic services and access to readily suitable employment

·· Securing and providing the infrastructure which a growing regional City needs and managing it in a sustainable way

·· Equipping and managing the organisation to deliver Council’s program effectively in a context of generational change in its workforce, increasing demand for services from Local Government and increasing insistence for local communities to be more involved in decisions which affect them.

These themes were to be used over time to develop responses to Council’s strategy across its programs and to test Management Plan proposals as they emerged. This has been carried out through the first three annual instalments of the Strategic Program. The draft Management Plan submitted tonight represents the conclusion of the present program.

The 2008-2009 Management Plan Program

Council has previously confirmed the following key objectives that the Plan will seek to achieve. These are to:

·· Address essential operating costs, including significant variations due to external factors

·· Maintain existing service provision at current levels, except as may be directed by Council

·· Maintain the priority given to asset management and continue to increase allocations in this area to meet the identified needs of the City

·· Maintain a level of expenditure similar to recent years on new capital works; and

·· Make a comprehensive and effective address of the requirements for the coming year set out by Council in its Strategic Plan and four-year program.

Based on these objectives, the Draft Plan has been drawn up to deliver:

· Council’s annual program of works and services for 2008-2009; and

· through the critical actions and proposed set of strategic tasks, as well as through the delivery of Council’s 62 ongoing services, complete as far as possible the directions laid down by Council’s Strategic Program for 2005-2009.

Financial Considerations

The Budget, Revenue Policy and Commentary is contained in Part B of the Draft Management Plan. The commentary highlights significant changes and provides information on Council’s Budget Policies and Financial Position.

The draft budget has been prepared on the basis of continuing existing service levels, adding new projects, removing one-off items and adjusting for expected changes in costs from 2007-08 to 2008-09. Significant new initiatives include an enhancement to the level of parks asset renewal and the first year of a staged public toilet replacement program. This extends Council’s previously adopted strategies and commitment to ongoing asset renewal across the City.

The 2008-09 total budget estimates expenditure of $186.2m, including $51.3m of Capital Works. The budget currently has a small surplus ($143,700) and it is recommended that this remain unallocated until the amount of the Financial Assistance Grant is known in September as this amount fluctuates form year to year.

Following the Public Exhibition process, the budget may be amended prior to being adopted as Council’s original 2008-09 Budget. The changes may include amendments due to public submissions, or due to additional information becoming available that amends cost or income estimates. Officers will also continue reviewing the budget while it is on exhibition. Notwithstanding this, the draft budget gives a clear view of Council’s intentions and priorities for 2008-09 and is ready for Public Exhibition.

Significant Changes to Expenditure from 2007-08

· Employee Costs - $4.2m increase

Total employee costs are predicted to increase by $4.2m (6.8%) from 2008-09. This increase includes an estimated 4.95% increase on current salaries and wages. This increase comprises an estimated industry average 3.25% award increase (2.15% annualised), 1.8% for salary step progressions, and 1.0% for performance appraisals.

Current claims estimates are that there will be an increase in the Workers Compensation premium, compared to 2007-08, of $100,000 (5%) to $2.0 million for 2008-09.

In 2000, the Local Government Superannuation Scheme (LGSS) announced that it had $800m in reserve funds, and that the required contribution from member councils in the defined benefits scheme would be waived from 1 November 2000 for an ongoing indefinite period. This contribution “holiday” ceased from 1 July 2005 and was re-introduced at half rates. The “half holiday’ will cease from 1 July 2008. Council had previously prudently made provision by way of reserve to minimise the impact of the full superannuation contributions. The reserve amount of $450,000 has been transferred to partly offset the costs in 2008-09. The full impact from 2009-10 will be approximately $720,000. On this basis, superannuation for 2008-09 is estimated to be $5.28m, which represents an increase of approximately $720,000 (16%) over the current estimated actual for 2007-08.

Employee costs include direct salaries and wages, long service leave, gratuities, superannuation, workers compensation premiums and fringe benefits tax and are the largest single area of expenditure for Council. Even a relatively small percentage increase in costs has a large impact on the total budget. Council’s annual superannuation expense is impacted by a combination of general wage increases, salary system progression and position regrading/market forces reviews.

· Insurances - $144,000 increase

The results from the liability insurance renewals, discussions with Westpool, and a review of the claims that will affect our premiums for 2008-09, have resulted in an estimated increase of $73,000 (9%) in Public Liability/Professional Indemnity (PL/PI) for 2008-09 over the original 2007-08 budget. Premiums for ISR (property) insurance are expected to increase by $37,000(13%) in 2008-09. An allowance of $90,000 is provided in the Insurance Reserve pending confirmation of a revised premium for PL/PI as part of a move towards 100 % compliance with APRA regulations by Westpool (a risk management alliance of western Sydney Councils)

Plant and Motor Vehicle insurance premiums are expected to be $180,000 in 2008-09, which is approximately $34,000 (23%) more than the original 2007-08 due to the cost of claims on CGU exceeding the premiums for two successive years. Council’s premium increase has been cushioned by the performance of other members of Westpool and CGU’s premium pricing mechanisms. Nonetheless the premium compared to private comprehensive insurance remains favourable with insurance cost per fleet passenger vehicles increasing from $239 in 2006-07 to $325 for 2007-08 and $365 for 2008-09. Measures are being reviewed to minimise claims in the future.

Budgets for claim excess are expected to remain unchanged at $490,000.

· Contribution to other Organisations - $69,000 increase

At this time of the budget preparation process, not all information regarding contributions to authorities is available, and a 3.5% increase has been applied to most contributions. The exceptions to this assumption are contributions to the Rural Fire Service - 14%, the New South Wales Fire Brigade - 5%, and WSROC - 3.2% (which increases by the rate pegging percentage each year).

· Loan Repayments - $557,000 increase

The cost of interest and of capital repayments has been estimated. While repayments for existing loans are known, the recent interest rate increase will impact on the rate achieved for the June 2008 program. This increase, combined with any future increases, will result in an increase in the cost of funds compared to 2007. Additional loan borrowings for the final stage of the footpath paving accelerated program and additional asset renewal borrowing also contribute to the increase.

The current estimate of loan repayments included in the draft budget for 2008-09 is $3.8m of interest and $6.0m of principal repayments. This represents a $555,000 (10.3%) increase on principal repayments and $2,000 (0.05%) increase on interest repayments from the previous year which is partly funded by an additional $366,000 funding from s94 and Property Development Reserve in keeping with the purpose of the loan.

· Borrowings - $6.9m

Council’s previous five-year borrowing program ended in 2004-05. The five-year program targeted a borrowing level of $2.8m through to 2004-05. The program was part of Council’s debt reduction strategy. This level of general purpose borrowing was continued in 2005-06, however it was reviewed in 2006-07 and increased by $400,000 from that year. The new base infrastructure borrowing of $3.2m, after allowing for increases in CPI, is equivalent to the previous $2.8m base borrowing figure.

In addition the following borrowing strategy which was adopted as part of the 2007-08 Management Plan process continues in 2008-09:

· Borrowing $2m per year in 2007-08 and 2008-09 to bring forward the balance of the footpath paving program and completing it over two years compared to six years based on the 2006-07 allocation.

· Funding the general revenue component of the AREAS asset renewal program (discussed below) over the ten year term by additional loan funding. This represents $913,000 in additional borrowing each year until 2015-16.

Borrowings to advance the Asset Renewal strategy and path paving program will add $2.9m to the program, taking total infrastructure borrowings for the year to $6.1m. Additional borrowings of $800,000 are also proposed to fund essential works at Ripples. The impact of this additional borrowing strategy has now been incorporated in the draft 2008-09 Draft Management Plan and long term financial model. Council intends to acquire a property, and borrow the funds for acquisition (to be repaid by Property Development Reserve), in the Dunheved Industrial Estate to facilitate re-development of that area. The purchase price is subject to tender. If Council’s offer is accepted the purchase price will be disclosed at the completion of the tender process and will form part of the 2008-09 borrowing program.

The proposed purchase is the subject of a separate report to tonight’s meeting in Committee of the Whole.

· Indexation of Asset Services - $495,000 increase

Materials budgets in this area have been increased by CPI or the appropriate factor based on Council policy. A summary of these increases is shown below:

Parks increased by $110k

· Materials and contracts budget $39k (CPI)

· New assets $71k (policy based)

City Works increased by $305k

· Roads and drainage materials and contracts $89k (CPI)

· Plant and motor vehicle materials and contracts $76k (CPI) funded increase

· Building maintenance materials and contracts $81k (Building Maintenance Index)

· Buildings - new assets $41k (2.5%, policy based)

· Drainage – new assets $18k (policy based)

Public Domain increased by $80k

· Materials and contracts budget $23k (CPI)

· New Assets $57k (policy based)

· Asset Renewal and Established Areas Strategy (AREAS) - $795,000 increase

In line with the AREAS strategy in 2008-09, it is proposed that funding under the three main areas of this strategy increase for road asset renewal by $523,000 (5%), building asset renewal by $200,000 (15%), and established areas revitalisation by $72,000 (4%). The special rate increase which commenced in 2006-07 funds the bulk of this program, and in 2007-08 Council endorsed sourcing loan funds to provide the bulk of the currently unfunded portion, as detailed in the table below:

Increased budget – AREAS programs	2007-08 $’000	2008-09 $’000	2009-10 $’000
Road Asset renewal	1,453	1,976	2,045
Building Asset renewal	650	850	880
Established Areas Revitalisation	1,711	1,783	1,845
Total increased budget	3,814	4,609	4,770

_{Additional funding to Support AREAS}
Special Rate Increase (5.2% above rate pegging)	3,063	3,163	3,274
Additional Loan Borrowing (above previous $2.8m program)	400	400	400
Asset Renewal borrowings	290	913	913
Total additional funding	3,753	4,476	4,587

Estimated General Revenue Funds Required	61	133	183

New Items and Changes to Funding Arrangements

In addition to estimating cost changes, various changes result from the implementation of Council policies, the ending of specific arrangements, or new funding becoming available. These items were discussed in Council Workshops, and the recommended 2008-09 draft budget varies from the 2007-08 budget as follows:

· Section 94 works have been identified for 2008-09. A total of $14.45m expenditure is proposed, and is included in the Capital and Operating Projects list following the Budget, Revenue Policy and Commentary in Part B of the draft documents.

· Projects funded from the special 10-year rate increase approved in 2002 are expanded by the amount of the Ministerial Rate Increase. The Environmental Enhancement Program, Economic Development and Community Safety and Neighbourhood Renewal programs are all budgeted to increase by 3.2%.

Operations managed by the Penrith City Children’s Services Cooperative are budgeted to have a net impact on general revenue of $222,500 in 2008-09. This incorporates a contribution of $146,950 to fully fund the Inclusion Support Program. This represents an overall increase of $89,500 in the Council subsidy provided to the Cooperative in 2007-08.

Significant Changes to Revenue from 2007-08

· Rates - $2.6m increase

An increase of $2.6m for rates income has been included in the draft budget, which is based on the maximum permissible rate increase of 3.2% for rates. The estimate for 2008-09 also factors in growth of $960,000, including $660,000 predicted for growth in non-residential rates.

· Financial Assistance Grant - $377,700 increase

The Financial Assistance Grant (FAG) allocated to Penrith this year was $79,100 more than estimated during the 2007-08 budget process. As part of the 2008-09 budget process, an increase of 3% has been applied to the 2007-08 Grant. This has resulted in a total estimated increase to the Grant of $377,700 (3.8%) over the original 2007-08 budget. As $63,300 of this increase relates to the roads component, this has been added to the roads budget according to Council policy.

· Development Related Income - $142,000 decrease

The current general downturn in building and building related activity is expected to continue in 2008-09. Income related to building and development activity has been decreased by $142,000 (7%).

· Interest on Investments - $250,000 increase

Council’s investment portfolio will be actively managed, in accordance with Council’s investment strategy and ongoing investment advice from Oakvale Capital, to ensure that overall the portfolio continues to outperform set benchmarks. At this time, expected interest on investments has been increased in the draft budget by $250,000 (18%), based on the general revenue portion of the portfolio of $22m and an interest rate of 7.0%.

· Fees and Charges

As part of the draft Management Plan process, fees and charges have been reviewed with the proposed increases in the fees set directly by Council being generally in the vicinity of the estimated CPI increase. Overall, the average increase in user fees and charges included in Part C of the documents, the Draft Fees and Charges booklet, is 3.71%. This category of income is estimated to be $32.7m, which is 18% of Council’s total estimated operating revenue for 2008-09. Council’s Revenue Policy is included in part B of the Management Plan documents.

Children’s Services fees have been incorporated into the fees and charges document at the amounts recommended by the Board of the Penrith Childrens’ Services Cooperative. The fees and charges for the Controlled Entities fees are set and published by those organisations. Fees set by regulation are included at the current rates, but are subject to change when the regulations change.

· Waste Management

Council entered into new 10-year waste collection contracts commencing October 2007 which will include a 3-bin collection system for organics (food & garden waste), recyclables, and residual waste in urban areas. A small increase to the annual cost of the standard 240L domestic waste charge to $249 pa ($243 in 2007-08) is proposed for 2008-09. For those residents choosing a 140L bin the draft budget proposes that there be no change to the current annual charge of $184 pa.

2004-05 Special rate variation

Council holds a special rate variation of 1.32%, approved in 2004-05, to subsidise the sullage collection for those households not having access to sewerage services. The total subsidy amount is directly proportional to the volume pumped out, and is expected to decrease by $282,000, as a result of the subsidised properties that have been connected to the Mulgoa/Wallacia sewerage system since it came on line in the second half of 2006. Council has already agreed to pay, from the special variation funds, for the clean out of tanks to allow for their conversion to rainwater tanks. The special rate variation will continue to provide a subsidy for those residents in villages without access to sewerage schemes. Following endorsement in the 2007-08 Management Plan any savings made will be directed to other environmental enhancement projects across the city.

Long Term Financial Model

Whilst 2008-09 has a small predicted surplus, long term modelling indicates that, based on the proposed allocations of surplus funds in the draft 2008-09 budget, 2009-10 and 2010-11 will have deficit budgets. These future year deficits include the associated recurrent costs and additional debt servicing, and also a number of assumptions for such items as inflation, wages growth, revenue increases and housing lot approvals, all of which will be regularly updated as more current information becomes available. It is not our intention to present a deficit budget in any of these years. Methods of addressing the predicted deficit include examination of reserves and their capacity to fund projects, deferments of general revenue funded projects and allocations and a review of the level of rating. Naturally any increase in the predicted rate of development will have a positive impact and it is likely that development of key employment lands within the city will be expedited by State Government. The net impact from these areas is not yet included in the model and will make a significant contribution. At this stage, it is anticipated that these deficits will be addressed in the annual budget process.

Year

2009-2010

2010-2011

2011-2012

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

2017-2018

Available Funds $000’s

(1,742.2)

(593.8)

344.2

354.0

2,759.2

4,027.2

4,990.9

6,500.7

7,367.9

Similarly, the surpluses shown in late years are indicative only of estimated financial capacity, based mainly on expected trends. New projects and programs and/or financial strategies will be included resulting in a relatively balanced budget year-to-year.

Reserves

Details of Council’s reserves are also included in Part B of the Draft Management Plan. These are amounts held for specific purposes. The reserves are divided into internal reserves (set up to apply Council policy) and external reserves (required by law). Some reserves are set up to ensure that Council’s policies with regard to a particular outcome are safeguarded, while others provide funds for a particular expressed purpose some time in the future.

Voted Works

Also included in the reserves is an allocation to “Voted Works”. Council policy is that an amount of $53,000 is allocated to each of the three Wards each year. These funds are normally applied to particular purposes of an urgent nature, in one or more of the Wards, by resolution of Council. Voted Works also provides an opportunity to allow some discretionary funding for items that arise unexpectedly during the year, and when all other funding in the annual program has been allocated. It is Council policy that any unexpended amounts in Voted Works are revoted to the following year.

Section 94 Program of Works

A central feature of the Draft Plan is the inclusion of an extensive program of infrastructure works and community facilities, funded by Section 94 contributions in 2008-09. These projects are outlined below, and have been included in the Capital and Operating Projects section of Part B of the draft documents.

A summary of the proposed Section 94 program capital works expenditure for 2008-09 under each relevant Plan is provided below.

Section 94 Plan	Proposed 2008-09 Expenditure
Claremont Meadows	$1,658,043
Erskine Business Park	$7,565,365
Glenmore Park	$4,338,126
Library Resources	$325,000
Penrith City Local Open Space	$372,500
Penrith City District Open Space	$191,750
TOTAL	$14,450,784

Capital and Operating Projects

At its Management Plan Workshop of 14 April 2008, Council endorsed a proposed list of Capital and Operating Projects to be included in the Draft Management Plan, including some adjustments to previous program levels to meet Council policy or particular priorities (as discussed elsewhere in this report).

These projects, include the following categories:

1. Established annual works programs, encompassing a number of specific projects or capital works, which by policy have a ‘notional’ funding level assigned in the initial preparation of the draft Plan, which may then be approved or varied by Council (further commented on below)

2. Continuation of the 10-year Special Rate Variation programs for Enhanced Environmental Program (EEP), Community Safety Development and Neighbourhood Renewal and Economic Development which commenced in 2002-03

3. Continuation of the 10-year Asset Renewal and Established Areas Strategy (AREAS) Special Rate Variation programs for road and building asset renewal and established areas revitalisation which commenced in 2006-07; and

4. The proposed allocation of 2008-09 surplus funds to high priority projects, discussed below in this report

are included in the Capital and Operating Projects lists and Service budgets within Part B of the Draft Management Plan presented tonight.

Established Capital Works Programs

Funding for the established annual works programs, noted above, is drawn from Council’s general revenue (which can be applied to priorities at Council’s discretion), grants (normally ‘tied’ to a particular purpose), Section 94 contributions (required to be used for works proposed in the relevant S94 Plan), and reserves.

In each case, specific projects or works within the particular Program are recommended to Council for the coming year. Council has the opportunity, according to its contemporary priorities, to adjust the program either in its funding level or by the addition or deletion of particular components.

Projects may be added to these Programs in the preparation of the draft Management Plan, or by later Council decisions reflecting consideration of the annual Management Plan through Revotes, through re-allocation of savings in the Quarterly Reviews, or Voted Works allocations.

These Programs and their proposed funding levels for 2008-09 include:

· Road Resealing/Resheeting -$4.1m (part Asset Renewal Special Rate Variation funded)

· Roads Reconstruction - $1.3m

· Path Paving - $2.0m

· Building Asset Renewal -$3.1m (including capital works shown under the separate Ripples Asset Renewal project)

· Urban Drainage Construction - $354,000

· Kerb & Guttering - $203,000

· Parks Improvements (Older Established Areas) - $362,500

· Traffic & Transport Facilities - $370,000

· Rural Roads Resealing - $59,500

· Construction of Bicycle Facilities - $60,000

· Bus Shelters -$85,000

· Desktop Hardware/Software - $340,000

There are three further established programs which are funded through the ten year Special Rate Variation sought and obtained by Council in 2002. These are:

· Enhanced Environmental Program ($2.1m - projects are shown under various Service areas but are all labelled ‘EEP’ for identification)

· Community Safety and Neighbourhood Renewal ($692,000)

· Economic Development and Tourism (support of the independent Penrith Valley Economic Development Corporation - $370,000).

In addition, the Federal Government-funded Roads to Recovery program ($917,000) is separately identified in the Operating Projects listing (as these works are considered to be additional asset maintenance and not new infrastructure).

Major Projects

As previously discussed with Council, budget allocations for projects which are included in Council’s Major Projects strategy, as well as relevant Strategic Tasks to advance the Major Projects in 2008-09, are included within the draft documents. At this stage $16.8m is anticipated to be allocated in the 2008-09 Management Plan to Major Projects of which $813,000 is funded from general revenue. Major Projects form critical elements of Council’s Strategic Program.

Service Adjustments and Project Evaluation

Through the Management Plan Workshop process, Council has made a number of choices to assign available general revenue to matters of high priority, and to approve other proposals not requiring a general revenue allocation. These directions are reflected in the 2008-09 draft Management Plan documents and are summarised in the table below.

Priority Allocations from 2008-09 General Revenue Surplus	General Revenue Estimate $
· Public Toilet Replacement – (1 toilet and design)	150,000
· Public Toilet Cleaning – increased service level	144,000
· Parks Asset Renewal – (10 year program)	250,000
· City Events Program (recurrent)	100,000
· Civic Events (recurrent)	50,000
· Inclusion Support Program (Childrens’ Services)	146,950
· Strategic Plan Development	60,000
· Ripples additional subsidy	160,000
· PVEDC additional allocation	90,000
· Penrith Valley Cultural Precinct Coordinator (recurrent)	55,000
· Internal Audit - additional resources	27,500
· Celebrating Castlereagh Wall Hanging	10,500
· History of Penrith Volume 2	50,000
TOTAL	1,293,950

In addition, the following service level adjustments and projects were approved with funding which involves an allocation within the ‘base budget’ and no additional call on general revenue.

Proposed Funded Projects 2008-09	Funding Source
· Tree replacement (5 year program) - $ 210,000	Environment/ Sullage Reserve
· Ripples - Asset Renewal (loan servicing from general revenue) - $1,850,000	Loan/ Building Asset Renewal Program/ Property Development Reserve
· Penrith Swimming Centre – Improvements - $400,000	Property Development Reserve
· Environmental Health Officer (recurrent) - $67,000	Environment Protection Reserve
· Footpath – Russell Street, Emu Plains-- cost to be confirmed	Path Paving Program
· Llandilo Hall Improvements - $28,000	Community Safety & Neighbourhood Renewal /Building Asset Renewal Programs

Other Matters with Budgetary Implications

· Planning Resources

In 2001 and 2002, Council authorised additional resources for the Release Area Planning program, including the establishment of several extra planning positions. These resources are provided for in the draft budget for 2008-09 for approximately $854,000. This amount is funded 50% by EEP and 50% by general revenue but developer funding contributions to the program are also actively pursued where appropriate.

The principles upon which these resourcing arrangements were implemented included the establishment of permanent positions for the identified planning and key specialist roles in the first stage, reviewing the positions over time, particularly at the conclusion of the main body of planning work required, with the intention that the staff establishment returns to original levels via natural attrition. It was also suggested at the time that following the completion of the release area planning agenda consideration should be given to focusing the redeployment of these positions into the release area implementation areas.

A further detailed report will be provided to Council on the status of the Release Area program and this additional resourcing. It is important to note that Council is presently managing the planning and concurrent delivery of 13 major new urban/employment release areas, which is an unprecedented and significant challenge. Our strategic objectives command close attention to ensuring that our response will deliver, cohesive, sustainable new communities and economically viable, vital employment precincts.

· Priority Staff Resource Proposals

By policy, any increase in the staff establishment requires approval by Council.

Through the Project Evaluation process, the Corporate Management Team has assessed a number of proposals for service level adjustments involving additional staff. Those matters which have been endorsed with Council through the workshop process are noted above in the recommended budgetary provisions for 2008-09. The proposed allocations which involve additional staff positions are:

· Enhanced Public Toilet Cleaning (additional 2-person crew, general revenue funded)

· Penrith Valley Cultural Precinct Coordinator (general revenue funded)

· Environmental Health Officer (funded from the Environmental Reserve)

A small number of other resource bids considered to be of high merit are being further reviewed by the relevant Directors and Managers. Given the need to rigorously assess any staff establishment increase and with the budget parameters applying to 2008-09, any opportunities to appropriately deliver the service outcome within available means will be given priority.

The matters under further investigation are:

· Healthy People Partnership Officer (50% grant funded by Sydney West Area Health Service for some years; funding not yet confirmed for 2008-09)

· Environmental Health Officer (in addition to the position proposed to be funded from the Environmental Reserve, noted above)

· Companion Animals Officer (proposed retention of present temporary position, authorised as a trial for 2007-08)

· Planning Systems Officer (proposed retention of present temporary position)

The results of this assessment are being finalised and will be further reported in the Management Plan process. Where any additional allocation or alteration to service level may be involved, this will require specific approval.

· Drainage Issues - North Ward

Through the workshop process, a number of potentially significant drainage issues in the Londonderry, Berkshire Park and Llandilo areas have been discussed with Council. While detailed information has been provided in response to these matters, it is acknowledged that further indepth investigations and analysis will be required. A task has therefore been included in the Draft Management Plan to “Investigate identified drainage issues in Londondonderry, Berkshire Park and Llandilo with potential overland flow impacts and develop program responses”. It is suggested that this matter be further reported to Council in this context.

Management Plan Structure and Format

The Draft Management Plan documentation presented for Council’s consideration tonight is generally consistent with the format utilised in the present year’s Plan. This reflects and confirms the reform which was carried out in 2007, with some refinements which have been discussed with Council through the workshop process.

The three volume format consists of:

Part A - Strategic Overview

This part, arranged under the Sustainability Principles framework, identifies how each of Council’s selected outcomes for the City or the Organisation (Term Achievements) will be completed in 2008-09 through the specified Services, the adopted Critical Actions and the proposed Strategic Tasks and approved Projects.

Part B - Operational Plan - Services and Budget

This volume provides details of each of Council’s specified services, including service objectives, the ongoing activities, tasks and service improvement initiatives to be undertaken and the service budget. This essential direction for the organisation and its services is the basis for performance reporting by Managers in the coming year.

The Operational Plan volume also includes an overall Budget and funding summary, the Capital and Operating Projects identified and confirmed by Council for 2008-09, together with other required statements.

Part C - Fees and Charges

This volume provides full details of all Council fees and charges.

The key components of Part A and Part B of the documents are further discussed below. Copies of all of the documents will be readily available to the public throughout the exhibition, as detailed elsewhere in this report.

Response to the Strategic Program in 2008-09

The recent comprehensive report by the Directors on the progress of Council’s 2005-09 Strategic Program and discussion with Council of key challenges to complete the program has provided important direction for the fourth and final Management Plan in the program. With this re-confirmation by Council of its strategic priorities, the organisation is charged to ensure that the coming Management Plan effectively completes the delivery of the outcomes selected by this Council.

Part A of the documents brings together in the framework which was endorsed in 2007 two key adopted policy settings:

· The complete content of Council’s Strategic Program 2005-09

· Penrith’s Principles for a Sustainable City (based on the internationally-recognised UNEP Principles, together with those Objectives which were developed as a basis for Council’s local response to the principles).

Most importantly, the Strategic volume identifies how each of Council’s selected outcomes for the City or the organisation (the Term Achievements) will be completed in 2008-09. As noted above, this reflects the policy settings of Council as to the specified Services and Critical Actions as well as programs of works. Importantly, it requires a powerful set of Strategic Tasks where required to respond to the remaining needs of the Critical Actions.

Particular emphasis has been given to ensuring that effective responses are brought forward for each key issue discussed with Council in the recent Strategic Program Review, as well as to Major Projects and equivalent key priorities. It is anticipated in this regard that some further refinement may well be made through the exhibition period.

Service Plans for 2008-09

The 2007-08 Management Plan reflected explicitly for the first time the specification, service level and budget for each of Council’s defined external and internal Services (including the controlled entities as distinct Services). This has helped establish an even more effectively base for accountability, performance reporting and communication to the community on Council’s program.

Improvements to Service focus and delivery which were identified through the initial review of all specified Services and other analysis were also incorporated in the Plan. Sustainability Indicators were added to some relevant Services based on adopted Council action plans.

A further refinement of the template for annual ‘Service Plans’ has been carried out for 2008-09. This provides, in a more reader-friendly format:

· essential information from the service specification regarding Service Objectives and links to Council’s Strategy

· what will be delivered by each Service for 2008-09 in terms of core Activities, Strategic Tasks (as discussed above) and key approved Projects.

The remaining annual deliverables of the Service are grouped as KPIs and tasks under four categories which were selected to incorporate key focus areas in the service review and the commitment to continuous improvement. These categories are:

· Customer Responses (including direct service targets, access and equity initiatives and other community responses)

· Sustainability Initiatives (a strengthened and extended response to this area including specific targets where adopted)

· Workforce Initiatives (reflecting initiatives to value our people and increase Council’s employer of choice status, as well as indicators for occupational health and safety etc.)

· Process Improvements (including financial, risk management and systems efficiency and effectiveness)

What is appropriate to each Service in these areas reflects the nature and scope of the Service. It is important to note that while the KPIs may be ongoing requirements, other tasks are intended to be precise, measurable and annual, rather than generic statements of intent.

Refinement of Specified Services

The draft documents submitted tonight reflect a refinement to the previous 65 specified services in three areas which are outlined below. This results in a total of 62 Services in the 2008-09 Management Plan. No alteration of the approved service directions or levels is entailed but rather a consolidation of some existing operations in keeping with organisational alignment to deliver Council’s program.

As previously confirmed with Council, the Children’s Services Co-operative has now taken on some additional direct service responsibilities, while responsibility for City-wide planning and advocacy for the needs of children and families has been transferred to the Community and Cultural Development Service. These changes are reflected in 2008-09 by the incorporation of the previously separate ‘Children’s Services Planning and Policy’ into ‘Children’s Services’ (Council’s direct service provision through the Co-operative) and the relevant component into Community & Cultural Development.

Similarly, with the recent realignments in the City Operations Directorate which were approved by Council, specified activities of the former Building Construction Service have been absorbed in the expanded role of the Project Management Service (particularly in regard to Major Projects) and the Building Maintenance Service.

In the Local Planning area, it has been identified that it is more effective to bring together the two specifications for ‘Planning Places’ and ‘Planning Policy’ into one Service.

Commensurate amendments to these Service Specifications are being made. Subject to Council’s consideration tonight, all are incorporated in the draft Management Plan documents.

Strategic Program Amendments

A report on the progress of Council’s 2005-2009 Strategic Program was presented to Council’s Policy Review Committee meeting of 31 March 2008. Arising from that discussion, and through the development of the Draft Management Plan, a small number of proposed amendments to Critical Actions in the Strategic Program have been identified. The purpose of these changes is to clarify Council’s current intent in its strategy or to respond more strongly to matters of clearly high priority. In each case, the purpose of the suggested change is to strengthen the implementation of Council’s selected Term Achievements.

These suggested amendments are detailed in Appendix A to this report, with an explanation of each. Pending Council’s endorsement tonight, these amendments have been incorporated into the draft Management Plan documents. The changes would take effect from 2008-09.

Performance Assessment

The organisation’s performance in delivering the annual Management Plan is reviewed, under the Local Government Act, as part of quarterly and annual reviews of the Plan.

Performance will be measured principally by progress towards the achievement of the tasks and projects stated in the Draft Plan, as well as performance measures for ongoing services provided by Council.

Key Performance Indicators (KPIs) are stated for services and can be found within the relevant Service plan in Part B ~ Operational Plan and Budget. They are generally expressed as quantifiable measures of output, efficiency or effectiveness, and provide an indication of how well a service is being delivered to the community against targets set by Council. Where the same KPI is contained in the 2007-08 Management Plan, a comparison of the annual target is also provided.

Timetable

Council has previously approved the following timetable for the public notification, exhibition and consultation on the draft Plan. The dates and arrangements for the Public Meeting and consultations are further discussed below.

Step/Action	Dates
· Public Exhibition and Submissions	Monday 12 May to Tuesday 10 June
· Children’s Services Cooperative Forum (7.30pm, Civic Centre) · Public Meeting and Consultative Forum (7.00pm, Civic Centre) incorporating presentation and consultation on particular areas of the Draft Plan (as discussed below) · City Partners Forum	Thursday 29 May Monday 2 June To be confirmed
· Consideration of 2007-2008 Management Plan for adoption	Ordinary Meeting Monday 23 June

Public Consultation

Section 405 of the Local Government Act states that Council must give public notice of its draft Management Plan after it is prepared and that the period of Public Exhibition “must not be less than 28 days”. Subject to Council’s adoption of the draft Plan tonight, it is proposed that the exhibition period be 30 days, beginning on Monday 12 May and ending on Tuesday 10 June 2008. Within this period, copies of the document will be accessible at the Civic Centre, Queen St Centre, all Libraries, all Post Offices in the City, Youth Centres, Neighbourhood Centres, Council’s Children’s Centres, and Recreation Centres. The draft Plan will also be available throughout (to view or download) on Council’s website.

A program of public notification and consultation has been developed for the Draft 2007-2008 Management Plan which is detailed below. This largely follows the model established in recent years, with the significant addition of a specialised web-based community consultation facility (discussed below).

The main features of the publicity and consultation program include:

· A Public Meeting, presentation and forum

· Consultative forums in the areas of Children’s Services and with our City Partners

· Consultation with local State and Federal Members within existing arrangements

· Briefing of media and other publicity elements such as the regular Mayoral column

· Comprehensive advertising in local newspapers and through Council’s community newsletter

· Referring the Management Plan to other committees on which Council has representation, major City partners and stakeholders for comment

· Establishment of a dedicated telephone information line and email address for enquiries

· Use of other established community meetings and forums to advertise the Draft Plan and its content

· Provision of a specifically-designed community consultation website for the exhibition period.

Details of specific components of the program are provided below.

Public Notification

· Local Newspapers

It is intended to notify the community of the Draft Management Plan exhibition through all local newspapers. In the case of weekly newspapers, advertisements will be placed in the first week of the exhibition and the issue immediately preceding the Public Meeting. Monthly local newspapers (Mulgoa Gazette, Glenmore Gazette etc.) will also be utilised wherever practicable.

The notice will include a brief indication of the importance and content of the Draft Plan, information about the Public Meeting / consultative forums and opportunities for the community to make submissions on the Draft Plan.

· Community Newsletter

In addition to the newspaper advertising, detailed information on the Draft Plan has been placed in Council’s quarterly Community Newsletter, which is distributed to households and businesses throughout the City. The newsletter is scheduled to be issued in May, during the exhibition period and prior to the Public Meeting.

Consultative Meetings

The Act and Regulations do not specify a requirement for consultative mechanisms during the exhibition of the Draft Management Plan (with the exception that in the case of a proposed special rate variation the results of a public meeting are required to be reported).

Council has the policy of consulting with the community, in addition to the general exhibition and submission opportunity, through a number of consultative forums. In recent years, the usual arrangement has been to hold a Public Meeting (including a formal presentation by the Mayor), together with special interest forums in particular areas of the program, with a targeted invitation list of relevant businesses and community groups.

· Public Meeting and Forum

A Management Plan Public Meeting and Consultative Forum will be held from 7.00pm on Monday 2 June 2008 in the Civic Centre. This will largely follow the arrangements used in recent years. A comprehensive presentation will be made on the Draft Plan to all attendees by the Mayor and the Chief Financial Officer, followed by the opportunity for a number of smaller targeted workshops/consultation groups across the range of the social, cultural, environmental, economic and infrastructure programs. These groupings can be tailored to the interests identified by attendees who register for the evening.

Members of the public will be invited to the Public Meeting through the advertising program outlined above, as well as through direct invitations in response to all enquiries made on the Draft Plan. In addition, invitations will be issued to a large number of community and interest groups who are normally advised of the forum. Arrangements for child minding and transport for persons with disabilities will be provided and promoted.

According to Council’s established practice, all comments and questions from members of the public at the public meeting will be accepted as submissions on the Draft Plan. The opportunity will be available for attendees to follow up questions or issues identified with relevant officers following the forum itself.

· Children’s Services Forum

The Board of the Children’s Services Co-operative has agreed to once again hold a forum with interested parents/community members on children’s services issues. This has been arranged for the evening of Thursday 29 May at the Civic Centre.

All parents/guardians of children attending Council’s Children’s centres will be invited, together with the usual advertising to the public.

· City Partners Forum

It is proposed to arrange a particular forum with key City Partners as part of the engagement and consultation process. This replaces in a modified form the usual Economic forum and recognises that a number of other regular partnership opportunities are in place for its main constituency, business representatives.

The date for the City Partners forum is not finally confirmed and will be notified to Councillors by memorandum. Invitees unable to attend the forum will have the opportunity to take part in the main Public Meeting and consultation (which will also cover relevant program issues more broadly).

· Other meetings and forums

It is intended, in addition to the formal consultation mechanisms, to utilise other established meetings and forums with the community and stakeholders over the exhibition period to promote the Draft Plan and opportunities for the community to provide comment.

Online Community Consultation

Council has for some years utilised its website to promote and extend community and stakeholder engagement and consultation for purposes including the Draft Management Plan. This has generally been through the provision of information and key documents, contact details and the opportunity for emailed queries, comments and submissions. This will again be in place for the coming process and formal submissions by email (including through a website link) are provided for.

The evolution of a broader and more innovative range of community engagement initiatives in the present year has previously been discussed with Council. As part of this enhancement, it is proposed through the Draft Management Plan exhibition to introduce and test the provision of an interactive and specially-designed website for community consultation. This facility, provided by a specialist consultant, has been utilised to date by a number of other councils and has been thoroughly assessed by officers. It is fully compliant with Council’s adopted Community Participation Policy and guidelines.

The website is a means of generating additional awareness of, interest in and comment on the particular project exhibited and on the priority of particular issues. In this case, the Draft Management Plan may of course give rise to comment on a wide range of matters, as is always the case and responses will need to be carefully considered. The consultation website is operated independently by the consultants at ‘arms length’ from Council (but with any inappropriate/offensive comments immediately removed). Officers will monitor the site and have the opportunity to clarify statements of fact or respond to issues which arise.

As members of the public will be able to browse the website or register to provide comments without submitting their details to Council, comments made through the site will not be treated as formal submissions. Rather, a detailed report will be available to Council on the usage and findings of the website consultation, which can be considered, in the context of the submissions which are made, as part of the overall public response to the Draft Management Plan. This information will be included in the report back to Council on the results of the public exhibition.

It is hoped that this new approach may prove an effective and contemporary means of further encouraging members of the community (including young people and those not easily reached through more traditional forms of consultation) to engage more extensively with the process and Council’s planning for the City.

Consideration of Submissions

The closing date for submissions on the Draft Management Plan will be Tuesday, 10 June 2008.

In accordance with the Act, Council must consider all submissions and matters arising from them and make any appropriate adjustments to the Plan prior to its adoption.

Depending on the nature and complexity of each submission, Council may choose to amend the Draft Management Plan, or consider a submission but defer any changes to the Plan until a subsequent period. Once the Plan is adopted, Council can then make its rates and charges and fix its fees for the coming year.

In keeping with Council’s normal practice, all submissions received on the Draft Management Plan will be individually acknowledged and a detailed response provided by appropriate officers as soon as possible, reflecting Council’s established policy or following Council’s determination of the particular issue. A full report on public submissions will be made as part of the report to Council’s Ordinary Meeting of 23 June which will seek adoption of the Management Plan.

Conclusion

Subject to any amendments arising from Council’s consideration of the Draft 2008-2009 Management Plan at tonight’s meeting, the Plan is now submitted for Council’s adoption to enable its Public Exhibition in accordance with the Local Government Act, 1993.

RECOMMENDATION

That:

1. The information contained in the report on Draft 2008-2009 Management Plan be received.

2. The proposed amendments to the Strategic Program as detailed in Appendix 1 to the report be adopted from 1 July 2008.

3. The proposed consolidation of certain Services as detailed in the report be adopted from 1 July 2008.

4. Council adopt the Draft 2008-2009 Management Plan, including any amendments made at tonight’s meeting, for exhibition.

5. The Draft 2008-2009 Management Plan be placed on Public Exhibition for 30 days, commencing on Monday 12 May 2008 and closing on Tuesday 10 June 2008.

6. Submissions from the public on the Draft Management Plan be invited and the public consultation arrangements as detailed in this report be implemented, including a public meeting and forum to be held on Monday 2 June 2008 in the Civic Centre.

ATTACHMENTS/APPENDICES

1. View

Proposed Strategic Program Amendments

2 Pages

Appendix

*Ordinary Meeting*	*5 May 2008*
*The City as a Social Place*

The City as a Social Place

Requirements for submission of a development application for dual occupancy in rural areas

Compiled by: Gurvinder Singh, Acting Development Enquiry Unit Coordinator

Mark Broderick, Release Area Unit Coordinator

Authorised by: Paul Lemm, Development Services Manager

Roger Nethercote, Environmental Planning Manager

Requested By: Councillor Kevin Crameri OAM

Strategic Program Term Achievement: Redevelopment of existing areas contributes to safe, sustainable, affordable and satisfying living environments and cohesive communities.

Critical Action: Formulate and implement social and cultural strategies for redeveloping established areas that support cohesive communities.

Purpose:

To provide a summary of the documents required to accompany a development application for dual occupancy in rural areas and relevant Council's fees and charges. The report provides information on why "granny flats" are considered to be dual occupancy developments. Information is also provided on the basis for the Section 94 charges related to open space and the proposed open space improvements in rural areas. The report recommends that the information be received.

Background

At its meeting of 28 April 2008, Council resolved the following:

“That an urgent report be presented to the next Ordinary Meeting of Council concerning Section 94 fees and charges, in particular contributions for District Open Space and Local Open Space, as well as fees applicable to granny flats.”

This report provides information on the documents to accompany a development application for dual occupancy as required under the planning legislation, relevant Council’s fees and charges for “granny flats”. Information is also provided on the background to local and district open space Section 94 charges for dual occupancy development.

Documents to Accompany Development Application

In determining a development application, Council is required to take into consideration the following matters as outlined in Section 79C of the Environmental Planning and Assessment Act 1979 (the Act):

“(a) the provisions of:

(i) any environmental planning instrument, and

(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),

that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development,

(d) any submissions made in accordance with this Act or the regulations,

(e) the public interest.”

The Act also stipulates how a development application must be made and the supporting documentation that must accompany such an application. It is Council’s responsibility to assess the application and it is the applicant’s responsibility to submit an application in accordance with the provisions of the Act.

Schedule 1 of the Environmental Planning and Assessment (EPA) Regulation 2000 provides information for applicants about the documents that are required to accompany a development application. The Schedule is appended to this report (Appendix No. 1). Council can reject applications if the information required by this Schedule does not accompany a development application.

An overview of the documents that may incur a cost to the applicant, and would need to accompany a development application for dual occupancy in rural areas where those matters are relevant, is provided in Appendix No. 2.

Generally, an applicant will need to engage a consultant to prepare their development applications. Costs associated with the above matters may vary between consultants. The majority of information that is outlined in the table that appears in Appendix No. 2 is required as a consequence of State Government Legislation. In an effort to simplify the development application process, Council has developed a number of supportive information documents and policies have been amended to reduce the costs associated with the submission of an application to Council. Such documents include the On-site Sewer Management and Grey Water Reuse Policy and a variety of fact sheets that are outlined in Appendix No. 2.

Council Services – Facilitating Appropriate Expenditure on Development Applications

Council provides services and information to prospective applicants in relation to the information and documents which shall accompany a development application. The following services are provided:

a) Pre-lodgement Advisory Service

The primary aim of this service is to identify relevant information and documents to be submitted with a development application and resolve issues relating to a development ‘upfront’ prior to the development application being submitted.

b) Enquiries over the Counter and Phone:

Council’s Duty Environmental Planners are available to answer any enquiries over the counter and phone during normal working hours at Council’s Penrith and St Marys offices. Enquiries are generally answered about Council’s fees and charges.

c) Council also provides information fact sheets, relating to:

· Building in bushfire prone areas

· On-site sewage management systems

· Waste management plan

· Erosion and sediment control

· BASIX (Building Sustainability Index)

· Termite risk management

d) There is early input into the development of our rural lands from the Environmental Health Department

Council’s Development Application Fees and Charges for Dual Occupancy in Rural Areas

Council fees and charges applicable to a dual occupancy proposal are based on the estimated cost of the development. For example – to build an additional dwelling on a rural allotment with an estimated cost of $150,000 the following fees apply:

1. Type of Development - Local

Fee	Amount $
Development – General ($150 000)	716.00
Environmental Compliance Levy	42.00
Neighbour Notification – Up to 25 notifications	151.00
Section 101 advertising	33.00
Total	942.00

2. Type of Development – Integrated

Fee	Amount $
Development – Integrated ($150 000)	716.00
Environmental Compliance Levy	42.00
Notification in the Local Paper - Integrated Development	940.00
Neighbour Notification – Up to 25 notifications	151.00
Section 101 advertising	33.00
Total	1,882.00

Section 94 Development Contributions for Dual Occupancy in Rural Areas

The following table summarises the contributions plans and the current contributions payable for a dual occupancy development across the City -

Facilities	Amount $
Cultural Facilities (adopted 5/05/03)	294.00
Library Facilities (adopted 7/05/01)	777.00
District Open Space (adopted 17/12/07)	4,634.50
Local Open Space (adopted 25/06/07)	1,674.00
Total	7,379.50

The above facilities are calculated and provided on a City-wide population needs basis and capital costs then applied to all new housing growth across the City. While the above contributions apply across the City, specific development areas, such as new release areas, will attract other substantial contributions towards, for example, new roads or trunk drainage.

As actual occupancy rates of individual new dwellings will differ in individual circumstances and inevitably change over time, an assumed dwelling occupancy rate is used to provide an equitable application of contribution rates for all new dwellings across the City. The occupancy rate currently used for new dwellings, including dual occupancies, is around 3 persons per new dwelling and is derived from ABS statistics for the City. Multi-unit dwellings, including apartments, are calculated on an assumed occupancy rate of 2 persons per dwelling.

These statistics, as well as other parameters used to check the veracity of our development contribution plans, are reviewed on a regular basis to ensure equity across all parts of the City. Additional to this is the task of coordinating and managing the City’s various Development Contributions Plans, for which a 1% charge is applied. The application of this charge is consistent with Section 94 Planning Guidelines prepared and issued by the Department of Planning (DoP) and is commonly applied by other Councils. It recognises the workload involved in managing Section 94 Plans, which are multi-project, multi-million dollar and complex in nature. This charge which is paid by an applicant specifically ties the fee for service to the beneficiaries, whereas to recover this from rates would result in cross-subsidisation.

Principles Related to Section 94 Charges on Residential Development

In order to provide an equitable approach to the levying of the contributions, all residential development in the City which has the potential to increase the population base, and hence extend the need for community and recreation facilities, is charged at the rates set in Council’s adopted Section 94 development contributions plans.

The underlying principle is that all additional dwellings, whether they be in a dual occupancy, town house development, apartment block or a new dwelling in an urban release area, through the addition of new households create an increased demand for a range of infrastructure items including community and recreational facilities. That is, new residential population arising from new housing development creates additional demands on facilities and services within the City. This is the case whether that development is located in an established residential neighbourhood or a rural locality.

In relation to dual occupancy development, only the second (additional) dwelling is charged a Section 94 contribution. This concession is based on the assumption that either the lot on which the dual occupancy is to be established, or the existing dwelling where one exists, has previously paid for community and recreation facilities already established within the City. It should be noted this principle also relates to a new single dwelling in a rural area on an existing allotment in as much as it similarly is not charged a Section 94 contribution.

Open Space Contributions

The previous Local Open Space Development Contributions Plan was focused on improvements to local parks and open space areas within the established residential areas of the City. The investigations undertaken in the PLANS study identified a wider need for open space improvements within the rural areas of the City to better serve and provide a more equitable response to the City’s rural communities. For this reason, the Local Open Space Development Contributions Plan adopted by Council in June 2007 provided for a range of open space and park improvements in the rural areas throughout the City.

An extract from the Works Schedule contained in the Local Open Space Development Contributions Plan is included in the Appendix No. 3 to this report. It will be noted that these works total some $900,000 and represent approximately 10% of the overall budget in the plan of around $9.2 M. The current population within the rural areas represents around 8.6% of the City’s total population.

The District Open Space Development Contributions Plan was adopted by Council on 17 December 2007 and is now in force. In the formulation of the District Open Space Development Contributions Plan, consideration was also given to the recommendations emerging from the PLANS study, adopted by Council in 2004, which identified a wide range of district level recreation and cultural facility needs across the City. This research identified that existing district open space facilities were only just sufficient, and were sometimes deficient, in meeting the demand generated by the existing population. It was recognised therefore that Council’s existing district open space facilities did not have the capacity to absorb the needs generated from future residential development in the City.

As a result, Council decided that it was appropriate to upgrade its existing recreation land and facilities to meet the demand generated by future development across the City. It was also considered that, in the interest of keeping costs to a reasonable level, additional land would not be acquired to establish new facilities. Rather, the approach was taken to make the existing open space land and facilities ‘work harder’ by upgrading them where feasible, and adding new infrastructure where required.

The PLANS Study demonstrated that district open space facilities clearly benefit both urban and rural residents, therefore a whole of City approach was required to be adopted. Clearly, rural residents of the City have the ability, along with those residents in the urban areas, to have equal access to those identified district level facilities. On this basis, both local and district development contributions have been apportioned to new residential development in urban as well as rural areas.

Benchmarking our Section 94 Plans with Other Councils

In the drafting of the District Open Space Facilities development contributions plan, the contributions were benchmarked with plans in other comparable growth LGAs in Western Sydney. It was found that the contributions were not unreasonable and were comparable with the range of contributions being charged by those other councils.

We have also undertaken recent benchmarking with other councils where rural development opportunities exist and have found that the extent and type of Section 94 contribution vary considerably. The Section 94 plans for Hawkesbury City Council, Baulkham Hills Shire Council, Sutherland Shire Council, Hornsby Shire Council, Wollondilly Shire Council and Camden Council were reviewed. The contribution amounts for Open Space relevant to a dual occupancy ranged from approximately $4000 at Hawkesbury City Council to $14,300 at Baulkham Hills Shire Council.

The average Section 94 amount for Open Space was approximately $8,400 which exceeds Council’s current charges. Many of the Councils required payment of other amounts such as community facilities, drainage, roads and library besides the open space amount. Given this, it is considered that Council’s charges for dual occupancy developments are reasonable.

“Granny Flats”

“Granny flats” are not defined under the Act or the accompanying Regulations to the Act. They are not defined in Council’s current Local Environmental Plan 201 (Rural Lands) and are not listed as a defined use in the DoP’s Local Plan template.

When the term “granny flat” is used, it is generally a reference to a dwelling that can be separately occupied, either attached to an existing dwelling house or separated from the principal dwelling and is intended to be occupied by a family member of those residing in the principal dwelling.

However, as there is no statutory definition of a “granny flat”, it is considered to be permitted as a dual occupancy development as two dwellings result on the site, both of which have the potential to be separately tenanted or occupied by 2 separate families.

Dual occupancy development is defined under LEP 201 (Rural Lands) as

“development that results in 2 dwellings (whether or not attached) on a single allotment of land”

A dwelling is defined as

“a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.”

The new standard LEP template produced by DoP introduces the definition of “secondary dwelling” in addition to the definition of “dual occupancy”. “Secondary Dwelling” means a self-contained dwelling that:

(a) is established in conjunction with another dwelling (the principal dwelling), and

(b) is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

Controls are proposed to be included in Stage 1 of the draft Penrith LEP 2008 for secondary dwellings on an allotment. The proposed controls relating to “secondary dwellings” are:

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a) 60 square metres;

(b) 10% of the total floor area of both the self-contained dwelling and the principal dwelling.

Although no clear information has been issued by the DoP it is understood the intention of introducing secondary dwellings is to permit a small dwelling to cater for family members or close relatives that still provides a measure of independence. At this stage secondary dwellings are proposed to be permitted in all zones that permit a dual occupancy under Penrith LEP 2008.

At this stage there is little differentiation between dual occupancies and secondary dwellings, other than one of scale. The only exception to this is a provision within draft LEP 2008 which requires a minimum site area of 2ha for dual occupancies when they are not serviced by reticulated sewer to allow effective on-site effluent disposal. Given the comparative small scale intended for a “secondary dwelling”, it is proposed to insert a variation to this clause which will permit a secondary dwelling on a lot under 2 ha provided it can be demonstrated that the existing on site effluent disposal system can accommodate the additional load. Additional criteria are to be included in draft Development Control Plan 2008 to clarify the requirements for a secondary dwelling.

Section 94 development contributions plans would apply to a proposal for a secondary dwelling based on the same principles outlined above that apply to dual occupancies. However, given the limitation on the floor area of a “secondary dwelling”, it would be reasonable for consideration to be given to the relevant Section 94 contributions being calculated on the basis of an occupancy rate of 2 persons rather than the 3 persons currently assumed for the occupancy rate for a dual occupancy dwelling..

Conclusion

The requirements of the Environmental Planning and Assessment Regulations 2000 require specific information and documents to be submitted with a development application. It is the applicant’s responsibility to prepare a development application in readiness for Council to be able to determine what is proposed.

The planning approval process has become overly complicated in part due to the changes to the planning regime in recent years, which have seen the development application process deemed the most appropriate point at which approval for all matters affecting a site will be determined. The result of these impacts has been to increase the expectation about what should accompany a development application in terms of supporting information which in turn adds to the cost to the applicant.

Council has prepared supportive documentation about various components of the assessment process and provides pre-lodgement services to assist applicants. Council takes a more a lenient view about the quality of development applications submitted rather than simply referring to the requirements of the Regulations.

“Granny flats” presently do not exist as a separate type of land use and are considered to be dual occupancy developments under Penrith LEP 201-Rural Lands. Controls are proposed to be included in Stage 1 of the draft Penrith LEP 2008 for secondary dwellings on an allotment. Consideration will be given to the calculation of Section 94 charges for secondary dwellings on the basis of a 2 person occupancy rate (same as multi-unit dwellings) rather than the 3 person occupancy rate used for dual occupancies.

Dual occupancies have the potential to cater for a new household and as such, Section 94 contributions are applicable. Council’s adopted Local Open Space and District Open Space Development Contributions Plans have been prepared on the basis of both rural and urban developers or applicants equitably sharing the cost of new facilities required to meet future demands from resident growth.

RECOMMENDATION

That the information contained in the report on Requirements for submission of a development application for dual occupancy in rural areas be received.

ATTACHMENTS/APPENDICES

1. View	Schedule 1 Forms	4 Pages	Appendix
2. View	Documents that accompany a DA in the Rural Areas	3 Pages	Appendix
3. View	Local Facility open space embellishments - rural communities	1 Page	Appendix

*Ordinary Meeting*	*5 May 2008*
*The City in its Environment*

The City in its Environment

Request for Tender 12-07/08 for the Provision of Bushland Management and Associated Project Management

Compiled by: Rebecca McCaskill, Supply Officer (Contracts)

Janet Rannard, Bushland Management Officer

Authorised by: Raphael Collins, Parks Construction & Maintenance Manager

Strategic Program Term Achievement: The City’s biological diversity is being protected and conserved through the implementation of a biodiversity conservation and bushland management strategy.

Critical Action: Undertake biodiversity conservation and protection and pursue the effective management of natural areas.

Purpose:

To seek endorsement from Council to proceed with the establishment of Panel of Approved Suppliers for the provision of Bushland Management and Associated Project Management for an initial period of three (3) years with an option to extend for a further 2 x 1 year periods on an "as required" basis. The report recommends the six highest ranked suppliers as noted in this report are to be included in the panel of approved suppliers.

Background

Council’s current panel agreement of approved suppliers has expired, due to this council has called for Tenders for an approved panel of suppliers to carry out individual projects on an ‘as required’ basis for funded works.

The appointment of professional bush regenerators, who will ultimately work alongside bushcare volunteers and Council’s own staff, will augment Council’s commitment to the care and management of our remnant bushland. The contractors will provide an opportunity to supplement Council staff where bush regeneration works are required to be carried out in bushland reserves identified for priority protection and restoration.

Selection Process

Requests for Tenders were advertised on the 26^th February 2008, for the provision of Bushland Management and Associated Project Management on an as required basis for a period of three (3) years with options to extend the arrangements for a further two (2) x one (1) year period. The time period to submit tender applications closed on 27^th March 2008. As part of the Tender process and its conditions Council also retained the right to require specific quotations for works expected to exceed $50,000, or follow a separate Tender process.

It was proposed in the Tender documents that Council would select up to six (6) suppliers for each of the Services, ie Bush Regeneration Services and Associated Project Management. Although these are to be ranked in order of preference, the engagement of Contractors will be made on the basis of availability, cost, and suitability to meet the requirements of the scope of works, demonstrated experience and qualifications of relevant staff. All requirements for the engagement of services will be on an as required basis with no commitment to any specific level of expenditure over the period of the agreement.

Tender Evaluation

The tender evaluation committee consisted of:

· Rebecca McCaskill - Supply Officer - Contracts,

· Janet Rannard – Bushland Management Officer,

· Nick Pagnamenta – Bushcare Officer

Criteria

The selection criteria advertised and used in selecting the successful tenderers were as follows:

Mandatory Criteria

· Critical Assumptions

· Conforming Requirements

· Conflicts of Interest

· Insurances

· Response to Conditions for Participation

· Required Declaration

· Compliance Statements

General evaluation Criteria

Corporate Social Responsibility Criteria

· Social Responsibility

· Corporate Responsibility

· Innovation & Environment

Demonstrated Experience

· Personnel Capability

· Company Capability

· Management Capability

· Financial Capability

Cost/Price

· The rates and unit prices for the Services specified.

· Rise and fall provisions.

· Payment terms.

Previous Performance

· Experience in supplying similar services

Management & Administration

· Personnel

· Emergency Service

· Performance Evaluation

· Quality Management

· OH&S Management

· Environmental Management.

Summary of Tenders Received

A total of twelve offers were received from the following suppliers in response to the advertised tender.

· Earth Repair & Restoration Pty Ltd

· Ecohort Pty Ltd

· Good Bush People Pty Ltd

· Marsupial Landscape Management Pty Ltd

· Muru Mittigar Pty Ltd

· National Trust of Australia (NSW)

· RE: Habitat Pty Ltd

· The Bush Doctor (NSW) Pty Ltd

· Toolijooa Pty Ltd

· Total Earth Care Pty Ltd

· Urban Bushland Management Projects Pty Ltd

· Bush Habitat Restoration Co-operative Limited

The evaluation team did not include the submission received from Toolijooa Pty Ltd in the short list, based on the company incorrectly submitting the Tender document with no price schedules. Due to this non compliance we did not include Toolijooa Pty Ltd in the final evaluation.

Criteria Evaluation

Following the evaluation of the remaining eleven submissions the evaluation committee determined that all Tenderers demonstrated compliance against each of the evaluation criteria.

For each category of Bushland Management specified the unit rates from each of the tenderers were annualised based on an estimated expenditure of 20 hours of Bushland Regeneration over 52 weeks. Each of the tenderers were given a score based on the responses to each of the general evaluation criteria, the total score achieved was then compared to the annualised cost to determine the ‘best value for money’ offer. The table below gives a summary of the evaluation along with the preferred rankings.

All tenders received were assessed against these criteria and given a final ranking of compliance with the tender.

The table below summarises the results of the selection panel’s assessment of the applications against this criteria.

Company	Annualised Cost (20 hours per week over 52 weeks)	Compliance Ranking
Bush Habitat Restoration Co-operative Limited	$35,360	1
RE: Habitat Pty Ltd	$35,360	9
Ecohort Pty Ltd	$36,400	3
Muru Mittigar	$36,400	4
The Bush Doctor	$36,400	7
The Good Bush People Pty Ltd	$36,400	8
The National Trust (NSW)	$37,440	2
Total Earth Care	$37,440	6
Earth Repair & Restoration	$37,440	10
UBM Projects Pty Ltd	$38,480	11
Marsupial Landscape Management	$46,800	5

Comments

Based on the compliance ranking, proven ability, experience, and cost the evaluation team recommends that these six Tenderers listed below are to be placed on the approved panel of suppliers for three years with the option to extend for a further two by one year periods.

1. Bush Habitat Restoration Co-operative Limited

2. Ecohort Pty Ltd

3. Muru Mittigar

4. The Bush Doctor

5. The Good Bush People Pty Ltd

6. The National Trust (NSW)

All companies recommended have previously provided bush care services to Council over a number of years and have a proven track record in the industry.

RECOMMENDATION

That:

1. The information contained in the report on Request for Tender 12-07/08 for the Provision of Bushland Management and Associated Project Management be received.

2. The six highest ranked Tenderers be placed on the approved panel for Bushland Management & Associated Project Management for an initial period of three years with an option to extend for a further two by one year periods.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

# Meetings at which the Management Plan ¼ly reviews are presented.	^ Election of Mayor/Deputy Mayor
#+ General Manager’s presentation – half year and end of year review	@ Strategic Program progress reports [only business]
v Meeting at which the Draft Management Plan is adopted for exhibition	ü Meeting at which the 2007/2008 Annual Statements are presented
* Meeting at which the Management Plan for 2008/2009 is adopted	Y Management Plan Councillor Briefings/Public Forum (May)

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Penrith Civic Centre & Central Library	Joan Sutherland Performing Arts Centre
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Penrith Regional Gallery

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*Senior Citizens*
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Name	Position	Due Date	Date Lodged
Matthew Stewart	City Works Manager	4 May 2008	20 February 2008

*Ordinary Meeting*	*5 May 2008*
*Appendix 1 - Proposed Strategic Program Amendments*

*Ordinary Meeting*	*5 May 2008*
*Appendix 1 - Brookfield Avenue Reserve Proposal*

*Ordinary Meeting*	*5 May 2008*
*Appendix 1 - Schedule 1 Forms*

*Ordinary Meeting*	*5 May 2008*
*Appendix 2 - Documents that accompany a DA in the Rural Areas*

*Ordinary Meeting*	*5 May 2008*
*Appendix 3 - Local Facility open space embellishments - rural communities*

*Ordinary Meeting*	*5 May 2008*
*The City Supported by Infrastructure*