4 February 2009

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 2 February 2009 at 7:30PM.

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

Yours faithfully

 

Alan Stoneham

General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 15 December 2008.

 

4.           DECLARATIONS OF INTEREST

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

Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

2009 Australia Day Celebrations.

Locals recognised in 2009 Australia Day Honours.

Congratulations to Nepean Volunteer Services on turning 21.

Council recognised for achievement in sustainability by the International Council for Local Environmental Initiatives (ICLEI).

Londonderry Bushfires.

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

 

9.           MASTER PROGRAM REPORTS

 

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

 

11.         QUESTIONS WITHOUT NOTICE

 

12.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 2 February 2009

 

table of contents

 

 

 

 

 

seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

report and recommendations of committees

 

 

master program reports

 


Statement of Recognition of Penrith City’s

Aboriginal and Torres Strait Islander
Cultural Heritage

 

 

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

 

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

 

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

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

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

 

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

 

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

 

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

 

 

 

 

 


Council Chambers Seating Arrangements

Text Box: Press
 

 

 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                          

                
          

 
   


 

2009 MEETING CALENDAR

February 2009 - December 2009

 

 

 

TIME

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meetings

7.30 pm

2

 

6

4v

 

13

3

7ü

12

9

14

23

23

 

25

22*

 

24

28^

 

30

 

Policy Review Committee

7.30 pm

 

9

 

 

15

6

 

14@

 

 

7

16#+

30@

27

18#

 

 

17#+

 

19

16#

 

Councillor Briefing / Working Party / Presentation

7.30 pm

9

2

 

11

1Y

 

10

 

 

2

 

 

16<

20<

 

29

27

31

21

 

23

 

 

#    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]

<    Briefing to consider Draft Management Plan for 2009/2010

ü   Meeting at which the 2008/2009 Annual Statements are presented

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

Y   Management Plan Councillor Briefings/Public Forum (June)

*     Meeting at which the Management Plan for 2009/2010 is adopted

 

 

-                 Council’s Ordinary Meetings are held on a three-week cycle where practicable.

-                 Extraordinary Meetings are held as required.

-                 Policy Review Meetings are held on a three-week cycle where practicable.

-                 Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 4732 7649.

 

 


CONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 15 DECEMBER 2008 AT 7:06PM

NATIONAL ANTHEM 

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by Rev Neil Checkley

PRESENT

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Kevin Crameri OAM, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain.

 

APOLOGIES

There were no apologies.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 1 December 2008

463  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jackie Greenow that the minutes of the Ordinary Meeting of 1 December 2008 be confirmed, with the deletion of the words “ the Arms of Australia Inn” from  Item 3, recommendation no. 4 on page 9.

DECLARATIONS OF INTEREST

Councillor John Thain declared a non pecuniary interest in Item 4 – Penrith Valley Regional Sports Centre - Facility Development as he is Council’s representative on the board of the Penrith Valley Regional Sports Centre.

 

Councillor Kevin Crameri OAM declared a non pecuniary interest in Item 7 – St Marys Release Area Planning Agreement, as he owns property in close proximity to the area referred to in the report. Councillor Crameri stated that he reserved his right to speak and vote on the matter.

 

Councillor Ross Fowler OAM declared a pecuniary interest in Item 4 – Penrith Valley Regional Sports Centre – Facility Development as he is the auditor of the Penrith Valley Regional Sports Centre.

 

 

Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 8 - Proposed Mixed Use Development over Three Stages at Lot 1, DP 884193, No 83-85 Union Road and 614-632 High Street, Penrith. Applicant: Cityscape Planning and Projects;  Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd DA07/1570 as he is an associate of a director of one of the companies involved in the proposed development.

 

SUSPENSION OF STANDING ORDERS

464  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Mark Davies that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:13pm.

 

Mr Arthur Ilias

 

Item 7 – St Marys Release Area Planning Agreement

 

Mr Arthur Ilias, representing Delfin Lend Lease, spoke in support of the recommendation and highlighted that the St Marys Release Area has undergone a comprehensive and thorough environmental and planning assessment over the past 15 years. Mr Ilias stated the development is sustainable and delivers strong social, economic and environmental outcomes.

 

Mr Geoff Brown

 

Item 7 – St Marys Release Area Planning Agreement

 

Mr Geoff Brown, representing ADI RAG & Western Sydney Conservation Alliance, spoke in opposition to the recommendation. Mr Brown asked Council to defer the decision on the St Marys Release Area Planning Agreement until it has considered the Precinct Plan.

 

465  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison that an extension of time be granted to Mr Geoff Brown, the time being 7:23 pm.

 

Mr Brown stated that the current plan encroaches on the planned Green Belt and Cumberland Conservation Corridor. Mr Brown requested that Council reject the application and support preservation and seek permission from the Minister for Planning to amend the Regional Environmental Plan.

 

Ms Suzie Wright

 

Item 7 – St Marys Release Area Planning Agreement

 

Ms Suzie Wright, representing Nepean Greens, spoke in opposition to the recommendation. Ms Wright spoke about the history of the ADI site and the strong resistance to the development and that this resistance will continue into the future. Ms Wright commented on the damage already done to the fauna and flora at the site and that Council has a responsibility to protect these.

 

Ms Wright stated that Council must consider the main issues, including; biodiversity, extreme weather events, status of site as critically endangered, and the loss of species.

 

466  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that an extension of time be granted to Ms Wright, the time being 7:39pm.

 

 

Ms Wright concluded by requesting Council to formally reject the recommendation.

 

Mr Jon Lindsay

 

Item 9 - Masterplan Application DA08/0652 for mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) Station Street, Penrith. Applicant: Davids Group;  Owner: Parkview Penrith Pty Limited DA08/0652

 

Mr Lindsay thanked Council staff for their cooperation throughout the duration of this project. Mr Lindsay highlighted the resources and commitment that Parkview has invested into this site and into Penrith and the benefits of this proposal. Mr Lindsay reiterated the applicant’s future commitment to the site.

 

RESUMPTION OF STANDING ORDERS

467  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that Standing Orders be resumed, the time being 7:44pm.

 

Mayoral Minutes

 

1        Great River Walk wins Greenspace Award                                                                      

468      RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Great River Walk wins Greenspace Award be received.

 

Reports of Committees

 

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

469  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 December, 2008 be adopted, it being noted that in relation to General Business Item 2 – St Marys – Existing Pedestrian Blister Islands an education program is to be undertaken in addition to the installation of the ‘Pedestrian Give Way to Vehicles’ signs.

 

2        Report and Recommendation of the Access Committee Meeting held on 3 December 2008 

470  RESOLVED on the MOTION of Councillor Robert Ardill seconded Councillor Prue Guillaume that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 3 December, 2008 be adopted.

 

MASTER PROGRAM REPORTS

 

The City as a Social Place

 

1        Seniors Week 2009                                                                                                            

471  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Seniors Week 2009 be received.

2.     Council provide Seniors Week Grants to the value of $6,000 to ten local community organisations to celebrate Seniors Week 2009, as outlined in the report.

 

6        Establishment of Alcohol Free Zones and Alcohol Free Areas                                        

472  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Establishment of Alcohol Free Zones and Alcohol Free Areas be received.

2.     Council approve the establishment and re-establishment of Alcohol Free Zones and the establishment of Alcohol Free Areas at the locations identified in this report.

 

2        Submission to the Review by the NSW State Government Department of Community Services (DoCS) of the NSW Children's Services Regulation                                        

473  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

 

1.      The information contained in the report on Submission to the Review by the NSW State Government Department of Community Services (DoCS) of the NSW Children's Services Regulation be received.

 

2.      The response to the Discussion Paper on the review of the Children’s Services Regulation Act 2004, as appended to the report, be endorsed.

 

3.      Write to the Minister for Community Services seeking clarification on the sizing of Child Care Centres and in light of the current economic crisis, that a review be undertaken of current licensing fees.

 

 

 

 

 

3        Turf Cricket Wicket Construction at Jamison Park Field No. 5 and Dukes Oval practice wickets.                                                                                                                               

474  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.           The information regarding the development of a new turf wicket at Jamison Park No.5 and practice wickets at Dukes Oval be received.

2.           The proposal be accepted in principal with the shortfall in funding of   $66,000.00 being the subject of a further report to Council.

3.           A letter be sent to the Nepean District Cricket Association advising of the    Council’s decision

4.           Mr Trevor Wholohan be congratulated for his efforts on this project.

 

 

5        Western Sydney International Hockey Centre, University of Western Sydney            

A MOTION was MOVED by Councillor Greg Davies seconded Councillor John Thain

                  

That:

1.     The information contained in the report on Western Sydney International Hockey Centre, University of Western Sydney be received.

2.     Further discussions continue with UWS and the NSW Department of Sport and Recreation, concerning the future of the hockey facility.

3.     Council commence discussions with UWS with a further report to be presented to Council concerning the possibility of a long term lease arrangement of the Hockey Centre.

 

475 An AMENDMENT was MOVED by Councillor Ross Fowler OAM seconded  Councillor Robert Ardill

That:

1.     The information contained in the report on Western Sydney International Hockey Centre, University of Western Sydney be received.

2.     The $200,000 reserved as part of the Regional and Local Community Infrastructure Program for the Hockey Facility be considered for reallocation to:

                             -        Yoorami CCC building upgrade                  $30,000

                             -        Strauss Road CCC building upgrade  $30,000

                             -        Roller door upgrades at various CCCs        $40,000

                             -        External accessible toilet at PVCP               $50,000

                            -        Victoria Park Stage 3 (additional)                $30,000

          -        Woodriff Lane (additional)                          $20,000.    

3.      Further discussions continue with UWS and the NSW Department of Sport and Recreation, concerning the future management of the hockey facility, and investigations be carried out in relation to a business plan and financial model for the Hockey Centre with a further report on the possibility of Council taking over the management and/or ownership of the facility or entering into a long term lease.

 

On being PUT to the meeting, the AMENDMENT was carried and on becoming the MOTION was also carried.

His Worship the Mayor, Councillor Jim Aitken OAM called for a DIVISION.

For

Against

Councillor Jim Aitken OAM

Councillor Kaylene Allison

Councillor Robert Ardill

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor Prue Guillaume

Councillor Mark Davies

Councillor Karen McKeown

Councillor Tanya Davies

Councillor Kath Presdee

Councillor Ross Fowler OAM

Councillor John Thain

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

 

7        St Marys Release Area Planning Agreement                                                                  

476  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on St Marys Release Area Planning Agreement be received.

2.     Council endorse the finalisation, public notification and signing of the St Marys Penrith Planning Agreement and related Deed of Variation with Delfin Lend Lease as outlined in the report.

3.     The St Marys Penrith Planning Agreement and related Deed of Variation take effect from the date of adoption of the Precinct Plans for the Central and Western Precincts.

4.     The Common Seal of the Council of the City of Penrith be affixed to the documents.

5.     Council write to the Minister for Planning requesting confirmation of any proposed amendment to Sydney Regional Environmental Plan  (SREP) 30.

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For

Against

Councillor Jim Aitken OAM

Councillor Kevin Crameri OAM

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

9        Masterplan Application DA08/0652 for mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) Station Street, Penrith. Applicant: Davids Group;  Owner: Parkview Penrith Pty Limited                                                                                           DA08/0652

477  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Masterplan Application DA08/0652 for mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) Station Street, Penrith be received.

2.     Masterplan Application DA08/0652 for mixed use development and 6 lot subdivision - Lot 12 DP234581 (No. 164) Station Street, Penrith be GRANTED 5 YEAR CONSENT (in accordance with S95(2) of Environmental Planning and Assessment Act 1979) subject to the following conditions in Schedules A and B for Stages 1 and 2. Schedule A is for the Masterplan and Schedule B is for subdivision of the site into 6 lots:

SCHEDULE A – Masterplan

General

2.1       Approved Plans

Plans – Turner & Associates

 

DA11          -        Version C dated 10/11/08

DA12          -        Version C dated 10/11/08

DA13          -        Version C dated 10/11/08

DA14          -        Version E dated 10/11/08

DA20          -        Version B dated 10/11/08

DA21          -        Version A dated 10/11/08

DA22          -        Version A (Revision C) dated 21/11/08

DA23          -        Version A (Revision C) dated 21/11/08

DA24          -        Version A (Revision C) dated 21/11/08

DA25          -        Version A (Revision C) dated 21/11/08

DA26          -        Version A (Revision C) dated 21/11/08

DA27          -        Version A (Revision C) dated 21/11/08

DA28          -        Version A (Revision C) dated 21/11/08

DA29          -        Version A (Revision C) dated 21/11/08

DA30          -        Version A (Revision C) dated 21/11/08

DA31          -        Version B dated 10/11/08

DA32          -        Version B dated 10/11/08

 

DA000 – DA005  -        Version A dated 13/6/08

DA00          -        Version C dated 10/11/08

DA01          -        Version E dated 10/11/08

DA02          -        Version C dated 10/11/08

DA03          -        Version C dated 10/11/08

DA04          -        Version C dated 10/11/08

 

Landscape – Aspect Studios

Drawing 28024

 

SK01 -        Revision E dated November 2008

SK02 -        Revision D dated November 2008

SK03 -        Revision E dated November 2008

SK04 -        Revision F dated November 2008

SK05 -        Revision A dated November 2008

SK06 -        Revision F dated November 2008

SK07 -        Revision E dated November 2008

SK08 -        Revision E dated November 2008

SK09 -        Revision E dated November 2008

SK10 -        Revision E dated November 2008

SK11 -        Revision B dated November 2008

SK12 -        Revision C dated November 2008

SK13 -        Revision E dated November 2008

SK14 -        Revision D dated November 2008

SK15 -        Revision D dated November 2008

SK16 -        Revision E dated November 2008

SK17 -        Revision E dated November 2008

SK18 -        Revision E dated November 2008

SK19 -        Revision E dated November 2008

SK20 -        Revision B dated November 2008

SK21 -        Revision B dated November 2008

 

The development consent is based on the assessment of the above plans together with all accompanying documentation that supported the Statement of Environmental Effects provided by Don Fox Planning Consultants dated 24/6/08.

 

2.2     This Development Consent relates to Stage 1 of the development only and has been issued under S80(4) of the EP&A Act. Separate development applications shall be submitted for the future stages of the development.

Stage 1 of the Consent approves in principle the following aspects of the Masterplan:

·    Gross Floor Area

·    Land Uses

·    Building Heights and Envelopes

·    Road Hierarchy and Access Points

·    Open Space Network

·    Development Staging

Subject to the completion of the Design Excellence process and as modified by the conditions of this Consent.

Key Principles

2.3      The following key principles are to be incorporated in the preparation of Stage 2 development applications for the site:

·    Consistency with Penrith City Council’s “Sustainability Blueprint for Urban Release Areas”

·    An economic impact assessment be submitted with all Stage 2 development applications to determine the public benefit of the proposal

·    3% of future residential development on each allotment approved by this consent is provided as affordable housing for very low to low income households

·    A Security Management Plan must be submitted for the development applications that include the hotel and/or tavern facilities

·    All ground level public frontages to buildings are to be activated and provide a transition between public and private domain.

·    At least 80% of the local park (civic park) must receive winter sun between 9am and 4pm

·    The open space associated with the proposed childcare facility should be reorientated to the north to achieve more winter sun.

·    Buildings are designed for energy efficiency and green house gas reduction.

Design Outcome

2.4      The proponent is to establish in consultation with Council and the Department of Planning a Panel of 5 recognised architectural firms to assess and provide urban design and architectural review for each stage of the development. This Panel shall be established prior to the submission of the first Stage 2 DA.

2.5      Blocks A and C which incorporate the two iconic buildings within the Masterplan will be subject to an architectural design competition in accordance with the Director General’s Design Excellence Guidelines. Council is willing to consider a building height of 8 – 14 storeys for Block A and 8 – 16 Storeys for Block C. The specific height will be subject to achieving Design Excellence as demonstrated by the Director General’s Design Competition process and compliance with Clause 26 of the LEP.

 

Infrastructure Delivery

2.6      Additional traffic modelling being undertaken in consultation with Council and the RTA with respect to the following:

·    Expected weekend traffic generation

·    Woodriff/Jamison and Station/Jamison roundabouts with a ten year growth under existing and signalised conditions

·    Potential upgrades to Ransley Street and Mulgoa Road intersection to maintain existing intersection efficiency

The outcomes of that modelling are to inform the preparation of the Infrastructure Delivery Plan, Planning Agreement and the agreement with the RTA required by this consent.

2.7      An Infrastructure Delivery Plan (IDP) is to be submitted to and approved by Council prior to the issue of a subdivision certificate or commencement of development on the site.

The IDP is to be prepared in accordance with and address the requirements of Council’s “Sustainability Blueprint for Urban Release Areas”.  It is to identify all infrastructure, including roads, drainage, overland flow paths and other civil works, utility services, community, social, cultural and recreational facilities required to service the development.

The IDP is to provide an accurate costing of all necessary infrastructure and establish a delivery program that aligns and apportions the cost of required infrastructure with the staging of development.

The IDP will form the basis for development of a Planning Agreement to identify and fund the timely provision of necessary infrastructure.

2.8      A Public Domain Strategy (PDS) is to be submitted to and approved by Council prior to the issue of a subdivision certificate or commencement of development on the site.

The PDS is to be prepared in accordance with and address the requirements of Council’s “Sustainability Blueprint for Urban Release Areas”.  It will define the look and character of the public domain.

The PDS is to incorporate design and management requirements for all streets, open spaces and parks.  It is to include aims/objectives, design and character statements, a schedule of works including a Public Arts Program, delivery timeframes and the maintenance requirements for each element.

The PDS will inform the preparation of a Planning Agreement to identify and fund the timely provision of necessary infrastructure.

2.9      The applicant, or any person entitled to act on this consent is to enter into a Planning Agreement with Council pursuant with Section 93F of the Environmental Planning and Assessment Act, 1979. The Planning Agreement is to be consistent with the offer from Parkview Penrith Pty Limited dated 4 December 2008, to make development contributions towards the provision of public amenities and services identified by the applicant’s offer and the Infrastructure Delivery Plan, Public Domain Strategy and Affordable Housing requirements of this consent.  The Planning Agreement is to be entered into prior to the issue of a subdivision certificate or commencement of development on the site.

2.10    Documentary evidence being submitted to Council, prior to the issue of a subdivision certificate or commencement of development on the site, to the effect that satisfactory arrangements have been made with the RTA and relevant Service Authorities for the delivery of road improvements, traffic management facilities, utilities and services generated by the Masterplan.

Community Safety

2.11    A Community Safety and Crime Prevention Strategy (CS&CPS) is to be submitted to and approved by Council prior to the issue of a subdivision certificate or commencement of development on the site.  The strategy is to define a physical environment that enhances and improves community safety within the locality.

The CS&CPS is to be prepared in accordance with and address the requirements of Council’s Sustainability Blueprint for Urban Release Areas.  The strategy is to clearly identify how the principles of crime prevention through environmental design will be employed in the planning, design and development of the site, particularly in terms of:

·    Providing opportunities for effective surveillance;

·    The use of physical and symbolic barriers to attract, channel or restrict the movement of people through and around the site;

·    Encourage community ownership of public spaces; and

·    Space management of public places

2.12    A Social Impact Statement is to be submitted with each Stage 2 development application indicating how the specific development proposal has addressed the approved Community Safety and Crime Prevention Strategy.

Heritage

2.13    Evidence shall be provided that the Heritage Office has approved an exemption to the provisions of the Heritage Act for the excavation works. This shall be provided to Council prior to commencement of site works.

2.14    That a programme of archaeological test excavations be undertaken prior to site works commencing and after demolition of existing buildings to determine the likelihood of Aboriginal Archaeological deposits. The results of the program are to be submitted to Council and to inform the preparation of future Stage 2 Development Applications. Methods to manage findings such as the establishment of keeping places or interpretation plans are to be submitted with respective Stage 2 Development Applications.

Specific Requirements

2.15    A 3.6m landscaped setback shall be provided adjacent to the west of block F to enhance the urban design of the main north-south boulevard.

2.16    Dedication of appropriate splay corners at the intersection of Jamison Road & Station Street and at the intersection of Jamison Road & Woodriff Street will be required.  Vehicle sight distances at intersections to comply with RTA requirements.  The splay corners will impact on the proposed development.

2.17    All proposed public footpaths are to be contained within the public road reserve. 

2.18    The existing aerial power lines in Jamison Road are to be relocated underground.

2.19    Shared cycle way/footpaths are to be provided in Station Street, Jamison Road and Woodriff Street and all public facilities are to be on public land.

2.20    The alignment of the Boulevard is to be widened to allow for a 3.5m wide carriageway where no kerbside parking is proposed and to enable access by service vehicles.

2.21    All off street car parking requirements shall comply with Council’s Development Control Plan(s) applying to the site and AS2890. The development is to include the provision of suitable bicycle parking at safe and convenient locations within the site.

2.22    An overland flow flood study that addresses the 1 in 100 year storm event for the local catchment is to be submitted to Council for approval. The findings of that flood study are to inform the preparation of the required Infrastructure Delivery Plan and future Stage 2 development applications in relation to specific development proposals.

SCHEDULE B – Subdivision

2.23    Subdivision of the site is to be substantially in accordance with Plan Reference No. 15666 dated 18/6/2008 prepared by Dunlop Thorpe and Company Pty Ltd submitted with the development application.

2.24    The plan of subdivision shall include a Restriction as to User in accordance with Section 88B of the Conveyancing Act over proposed Lot 6 prohibiting direct access to Jamison Road or Woodriff Street. The restriction as to user is to be created at no cost to Council. The restriction as to user shall nominate Council as the authority to release, vary or modify the restriction.

 

2.25    An easement for access is to be created over the proposed road through lot 6 in favour of proposed lot 5 in accordance with Section 88B of the Conveyancing Act.  The easement is required to ensure safe and efficient access to proposed lot 5 in the event the Masterplan does not proceed.

The easement is to be created at no cost to Council. Council is to be the nominated authority to release, vary or modify the easement.

The easement will be extinguished upon dedication of the access arrangements as public road.

2.26    A splay corner at the intersection of Jamison Road and Station Street is to be dedicated to Penrith City Council, at no cost to Council. The width of the splay corner is to accommodate future pathways and cycles ways and is to be designed in accordance with Austroads Guidelines with regard to intersection site distances.

2.27    A splay corner at the intersection of Jamison Road and Woodriff Street is to be dedicated to Penrith City Council, at no cost to Council. The width of the splay corner is to accommodate future pathways and cycle ways and is to be designed in accordance with Austroads Guidelines with regard to intersection site distances.

2.28    All proposed public footpaths and cycle ways are to be contained within the public road reserve. If required, land is to be dedicated to Penrith City Council, at no cost to Council, to accommodate the proposed footpath/cycle ways and verge areas in Station Street, Jamison Road and Woodriff Street.

2.29    All services (water, sewer, electricity, telephone and gas) including the provision of service conduits and stub mains are to be installed within the proposed public roads before final inspection of the engineering works.

Prior to the release of the linen plan, the following service authority clearances shall be obtained:

·    a Section 73 Compliance Certificate under the Sydney Water Act 1994 shall be obtained from Sydney Water. This is required prior to the issue of the Subdivision Certificate and

·    a letter from Integral Energy stating that satisfactory arrangements have been made for electricity supply to all proposed allotments in the subdivision, including any necessary easements; and

·    a letter from an approved telecommunications service provider that satisfactory arrangements have been made for underground telephone services to all proposed allotments in the subdivision, including any necessary easements.

These clearances are to be submitted to the Principal Certifying Authority.

 

2.30    Submission of the original Linen Plan and ten (10) copies.

All drainage easements, rights of way, restrictions and covenants are to be included on the linen plan.

All dedications of roads/drainage are to be undertaken at no cost to Penrith City Council.

The following information is to be shown on one (1) copy of the plan.

·    The location of all buildings and/or other permanent improvements shall comply with any statutory boundary clearances or setbacks as defined by the Building Code of Australia and Council’s resolutions.

·    All existing services are wholly contained within the lot served and/or covered by an appropriate easement.

2.31    A Surveyors Certificate is to be lodged with the application for a Subdivision Certificate that certifies that all pipes and services are located wholly within the property or within appropriate easements and that no services encroach boundaries.

2.32    A Subdivision Certificate is to be obtained prior to the release of the linen plan of subdivision. The Subdivision Certificate will not be issued if any of the conditions in this consent are outstanding.

2.33    The Planning Agreement required by Schedule A of this Consent is to be entered into prior to the issue of a Subdivision Certificate.

3.     Those persons who lodged a submission and the Regional Development Advisory Committee of the RTA be notified of Council’s decision.

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

 

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

Having previously declared a pecuniary interest in Items 4 and 8, Councillor Ross Fowler OAM left the meeting, the time being 8:38pm.

 

4        Penrith Valley Regional Sports Centre - Facility Development

478  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Mark Davies

That:

1.     The information contained in the report on Penrith Valley Regional Sports Centre - Facility Development be received.

2.     Council allocate $850,000 from the 2009-2010 Building Asset Renewal Program to PVRSC subject to a funding agreement being signed with PVRSC.

3.     Council’s Recreation Manager, in consultation with Council’s Legal and Governance Manager, be authorised to enter into the funding agreement with PVRSC.

 

8        Proposed Mixed Use Development over Three Stages at Lot 1, DP 884193, No 83-85 Union Road and 614-632 High Street, Penrith. Applicant: Cityscape Planning and Projects;  Owner: J Cowan, D Crossman, Coffey Engineering Group Pty Ltd DA07/1570

479  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Proposed Mixed Use Development over Three Stages at Lot 1, DP 884193, No 83-85 Union Road and 614-632 High Street, Penrith be received

2.    Council award the bonus floor space available to the proposal via Clause 26(6) of Penrith City Centre LEP 2008

 

3.    Council accept the applicant’s submission to vary Clause 21 Height of Buildings of Penrith City Centre LEP 2008, as strict compliance with the standard is unreasonable and unnecessary in the circumstances

 

4.    Development Application DA07/1570 for Staged Development for Mixed Used Buildings consisting of Stage 1 – construction of 8 storey mixed use building with basement car parking; Stage 2 – construction of 8 storey mixed use building with basement car parking; and Stage 3 - concept for 2 x 6 storey mixed use buildings with basement car parking; and associated works at Lot 1, DP 884193, 614-632 High Street, and 83-85 Union Road, Penrith be GRANTED  5 YEAR CONSENT (in accordance with S95(2) of Environmental Planning and Assessment Act 1979) subject to the following standard and special conditions and advisory notes, in two schedules A and B for Stages 1/2 and Stage 3 respectively:

 

SCHEDULE A – Stages 1 and 2

 

Standard Conditions (amended where necessary to reflect Stage number)

 

4.1     A001 approved plans – architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated 29 August 2008, and numbered 0656 Issue 1; A001, A098, A099, A100, A101, A102, A103, A104, A105, A106, A500, A501, A502, A600; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G, and L02, Issue F; hydraulic plans prepared by Steve Paul and Partners, numbered SY070033-SW-001-PR-01, dated 4 September, 2008.

 

A006   Separate DA for future development stages

A011   DCP Construction

A012   Food shop

A017  DA for use

A026  Advertising sign

A039   Graffiti

B004    Dust (referring to excavation and basement construction)

B005    Mud/soil

D001   Sediment and erosion control measures

D009   Covered waste storage area

D010   Disposal of excavated waste

D014   Plant and equipment noise

E01A   BCA compliance for Class 2-9

E002    BCA issues to be addressed (the entrance doorway of the apartments should not be more than 6 metres from an exit and the exit travel distances from the gym must comply with Clause D1.4 of the Building Code of Australia (Volume 1);

E006             Disabled access and facilities

E008             Fire safety list

F006             Water tank and nuisance

G002   Section 73

G004   Integral Energy

H001   Stamped plans and erection of site notice

H002   Site requirements for construction

H003   Traffic management

H033   Clothes lines

H041   Hours of work

H011   Structural engineering plans and specifications

H025   Construction of garbage rooms

I003     Roads Act Approval 1

I004     Roads Act engineering

J003     Pool fence - commercial

J010     Pool board/sign

K002   Works As Executed

K025   Pavement seal

K028   Car park staging strategy – Stage 1 - 127 spaces commercial and retail; 20 spaces           residential; Stage 2 – 92 spaces commercial and retail; 24 spaces residential;           (Stage 3 – 5 spaces retail; 77 spaces residential).  Should residential spaces be           reallocated from commercial/retail spaces, a contribution for car parking will be           applied as per the applicable rate in the Civic Improvements Plan 2008, unless           otherwise approved by Council.  

K031   IN/OUT Separation

K036   Maintenance Bond

K037   Performance Bond

L001             General landscaping (prepared by Site Image Landscape Architects, dated 12           October, 2007, numbered Z1667, L01, Issue G, and L02)

L002             Landscape construction

L003             Report requirement (i, ii, iv)

N001  S94 CIP 2008 Multiple Dwelling Stage 1 $202,384.00 

N001   S94 CIP 2008 Commercial office use Stage 1 $767,350.00

N001   S94 CIP 2008 Retail use Stage 1 $106,554.00

N001   S94 District Open Space Stage 1 $75,697.00

N001   S94 Cultural Facilities Stage 1 $5,970.00

N001   S94 Library Facilities Stage 1 $17,107.00

N001   S94 CIP 2008 Multiple Dwelling Stage 2 $179,032.00  

N001   S94 CIP 2008 Commercial office use Stage 2 $389,486.00

N001   S94 CIP 2008 Retail use Stage 2 $123,926.00

N001   S94 District Open Space Stage 2 $71,208.00

N001   S94 Cultural Facilities Stage 2 $5,520.00

N001   S94 Library Facilities Stage 2 $15,898.00

P001    Applicants cost

P002    Council Fees - Amended

Q001   Notice of commencement

Q006   Occupation Certificate for Class 2-9

Q010   BASIX Certificate

 

Special Conditions  

 

4.2     Prior to the issue of a Construction Certificate for Stage 2, the balcony to the northeast corner unit to Stage 2 on levels 4, 5 and 6 shall be increased to achieve a minimum dimension of 2 metres. 

 

4.3      Prior to the issue of a Construction Certificate for Stage 2, a sample of the material and colour of the roofing material is to be provided to Council to confirm the roof is non reflective and appropriately coloured, especially when viewed from the Blue Mountains escarpment.

 

4.4      The pedestrian ‘through site’ link and other common property is to be in the care, control and management of the owner and/or body corporate for the complex. 

 

4.5      Prior to the issue of an Occupation Certificate for Stage 1, signals shall be installed on the car park and loading dock entries in Union lane to alert pedestrians that cars and trucks are about to cross the footpath.

 

4.6     Subleasing of car parking spaces is not permitted by this Consent. 

 

4.7      Prior to the issue of an Occupation Certificate for Stages 1 and 2, signage, maintenance issues and waste management are to comply with the requirements of the State Environmental Planning Policy No 65 – Residential Flat Design Code Better Design Practice statements. 

 

4.8      Prior to the issue of an Occupation Certificate for Stages 1 and 2, a Security Management Plan is to be provided detailing the management of the building(s) and strategies to promote safety and deter crime and antisocial behaviour. This includes use of security personnel, CCTV, access control measures (eg swipe cards), building alarms and use of intercoms for apartment buildings.  This Plan shall also include measures to provide security to lifts and the through site pedestrian link after retail and commercial operating hours to maintain the safety and security of residents.

 

4.9      Full time ‘No Stopping’ restrictions are to be introduced on both sides of Union Lane adjacent and opposite the proposed access driveways to facilitate heavy vehicle movements.

 

4.10    Full time “No Stopping” restrictions must be provided 10 metres either side of the access driveway to the temporary at grade car park (and Stage 3 development) in Union Road, with the installation of signage at no cost to the RTA or Council.

 

4.11    Prior to the issue of a Construction Certificate for Stages 1 and 2, appropriate documentation is to be submitted to demonstrate the following:

·        At a minimum, 10% of all residential units (5 units) are to be designed according to the adaptable housing code (AS4299).  These residential units are to be provided with accessible parking in accordance with AS4299.  Should the provision of these spaces reduce the overall number of car parking spaces for the development as a whole, then the suitable modifications of consent will need to made.

·        Provide a minimum of 2% of all retail parking bays to be designated as accessible.  Provide a minimum of 1% of all commercial parking bays designated as accessible parking.  According to the AS4299, a 3.8 metre wide car bay shall be provided for every adaptable unit.

 

4.12   Access for elderly people and people with disabilities for entry/exit to/from the swimming pool on the podium level is to be provided.  Details are to be submitted with the Construction Certificate application for Stage 1. 

 

4.13   Prior to the issue of an Occupation Certificate for Stages 1 and 2, the development shall be provided with lighting in the following manner:

·        Lighting shall be 'vandal resistant' to limit breakage and vandalism;

·        Lighting shall take into account all vegetation and landscaping, and     pedestrian pathways;

·        Lighting shall be designed in accordance with Australian Standards;

·        All loading docks shall be well lit;

·        All entries/exits to complex shall be well lit;

·        Lighting shall be consistent in order to reduce the contrast between shadows and illuminated areas;

·        Lighting shall be contained within the property boundary and no light shall    be projected upwards (uplighting of landscaping shall be restricted to tree canopy only).

·        No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians.

·        Pedestrian access routes shall be well lit and identifiable

·        Adequate illumination shall be provided for directional signage and     building identification.

·        All street awnings shall be fitted with under awning lighting.

 

4.14   Prior to the Occupation Certificate for Stage 1 and 2, the basement car park shall be treated in the following manner:

·        Clear signage is to be provided to identify the entrance/exit to the basement car park for tenants/residents/business operators and their authorised guests.

·        Vehicle access to both levels of the basement car park shall be accessible by tenants/residents/business operators of the building and their authorised guests only.  A security gate system shall be installed on the building entry/exit point, eg for use with swipe card security system.

·        A security system shall be installed on the pedestrian entry/exit points to the basement, including lifts and internal/external stair wells, eg use with swipe card or appropriate security system.

·        All surfaces shall be painted in light coloured paint or finished in light grey concrete to reflect as much light as possible.

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

·        An intercom security system shall be installed in all levels of the car park.

·        Consideration should also be given to emergency phone/help points in all levels of the basement.

·        Commercial and residential car parking shall be separated to allow increased safety and security for residential tenants.   

 

4.15   Prior to the Occupation Certificate for Stages 1 and 2, the building shall be clearly identified with street numbers visible to assist visitors and emergency services. 

 

4.16   A dilapidation report of all adjoining buildings and Council owned infrastructure fronting the development in High Street and Union Lane is to be submitted to Council prior to the commencement of construction of Stages 1 and 2.  The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development.

 

4.17   Basement entry levels are to be designed so that overland flow does not reach the basement.  Details are to be provided to Council for consideration and approval prior to the commencement of works.

 

4.18   The layout of the car parking areas associated with the subject development including driveways, access ramp grades, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements.  Full details demonstrating compliance must be submitted with the Construction Certificate for Stages 1 and 2.

 

4.19   Prior to the issue of an Occupation Certificate for Stages 1 and 2, a parking management plan to control the use of the spaces between the tenancies, and the proposed stacked parking and visitor/tenant parking arrangements is to be submitted to Council.

 

4.20   All vehicles are to enter and exit the development in a forward direction.

 

4.21   All construction vehicles and activities must be fully contained within the site.  No vehicles associated with the construction or demolition activities are to stand on High Street.

 

4.22   All works/regulatory signposting associated with the proposed development are to be at no cost to the Roads and Traffic Authority or Council. 

 

4.23   The recommendations of the geotechnical report prepared by Geotechnique Pty Ltd are to be adopted in site works and construction design.

 

4.24   Prior to the issue of a Construction Certificate, item (i) as outlined below must be approved by Council.  The remaining items (ii) to (viii) will be completed in the following manner, prior to an Occupation Certificate for Stages 1 and 2 being issued:

(i)     Garbage truck travel and collection heights must be considered in the design of the loading dock in order for services to be provided.  Design details are to be provided to Council which demonstrate the loading heights can accommodate the necessary truck movements.

(ii)     Design of the loading dock drive, turntable and associated infrastructure must cater for fully laden garbage trucks (21 tonnes). 

(iii)    The proposed access door and roller shutters to the loading dock are to be provided with an ABLOY locking system to be installed by Council at the developer’s expense.  Council and/or collection contractors will hold the master key. 

(iv)   A dedicated storage area for commercial garbage and recycling bins (that does not conflict with loading access) measuring a minimum of 7.5m x 2.5m must be provided and be separate to domestic waste storage areas.

(v)    Basement waste storage rooms are to be provided with 1.2m wide access doors to cater for future bin sizes if necessary.

(vi)    The residential garbage and recycling bins must be separated for access by the two collection contractors within the loading dock area.

(vii)   All waste/recycling storage rooms, collection points and garbage chutes are to be clearly signed. 

(viii)  Sufficient space must be provided in each commercial space for the interim storage of garbage and recyclables.

 

4.25   After occupation, waste storage and servicing will ensure the following operations: 

·        Right of access onto the site by Council’s waste collection contractors is to be provided and Council and its contractors must be indemnified against any property damage or personal injury.

·        The loading dock must be clear of vehicles in order for bins to be collected.

·        Transportation of bins to the loading dock area is to be performed using motorised carts/vehicles and not lifts.

·        Bins are not to be placed on the street for collection.

·        Waste bins and waste collection areas are not to be accessible to the public or left unsupervised for collection.

 

4.26   Prior to the Occupation Certificate for Stages 1 and 2, landscaping is to be completed in the following manner:

·        Retaining walls shall be designed with adjacent furnishings so they are not skateable.  When this is not possible, anti-skate devices shall be robustly incorporated.

·        Public art shall be incorporated into the landscape design.  The applicant is to liaise with Council’s Cultural Development Officer in this regard.

·        An uncoloured broom finish concrete is to be provided on footpaths at the High Street, Union Road and Union Lane frontages with appropriate joining between slabs.  The extent shall interface with a “private property” paving type at an appropriate point. 

·        Bike racks are not to be provided on the footpath, but should be visible from the footpath. 

·        Placement of street trees is to consider street lighting and major street signs.

·        Underground electrical wiring to permit street trees to mature and provide character for the urban/residential interface is encouraged.

·        Substations are to be appropriately screened to improve amenity and safety.

 

4.27   Prior to the Construction Certificate for Stages 1 and 2, to ensure early order of stock, the applicant is to liaise with Council’s Landscape and Urban Design Supervisor regarding the street tree species and street furnishings to be nominated 

 

4.28   The design of the building shall achieve a ABGR rating of 4.5 stars (Australian Building Greenhouse Rating).  Documentary evidence is to be provided prior to the issue of an Occupation Certificate.

 

Advices

 

A       The additional vehicular access to the temporary car parking area and the permanent Stage 3 development in Union Road relieves the requirement for modifications or bans to turning movements at surrounding intersections.  However, Council will reserve the right to review this situation after occupation. 

 

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

 

C       Any temporary loading zones required during construction will be the subject of a separate application to the Local Traffic Committee and payment of the appropriate fees.           

 

SCHEDULE B – Stage 3

 

The applicant shall have regard to the following matters in the detail design and development application of the Stage 3 buildings: 

 

(i)      The Stage 3 development must be implemented substantially in accordance with the architectural plans prepared by Watermark Architecture and Interiors Pty Ltd, dated 29 August 2008, and numbered 0656 Issue 1; A001, A098, A099, A100, A101, A102,   A500, A501, A502, A600; landscape plans prepared by Site Image Landscape Architects, dated 12 October, 2007, numbered Z1667, L01, Issue G.

 

(ii)     A separate development application shall be submitted to Penrith City Council for Stage 3 of the development.

 

(iii)     The two buildings are to be 6 storeys in height and contain a mix of residential and retail/commercial land uses.

 

(iv)    Vehicular access to two levels of basement car parking is to be provided via Union Street as well as the Stage 1 and 2 basement levels.

 

(v)     To allow vehicular access at basement levels, the subsurface road closure of Union Lane is to occur.

 

(vi)    Car parking spaces are to be provided and allocated to Stage 3 as follows:

         5 spaces for retail floor space and 77 spaces for residential floor space. 

 

         Should residential spaces be reallocated from commercial/retail spaces, a contribution for car parking will be applied as per the applicable rate at the time, unless otherwise approved by Council.      The parking space dimensions and manoeuvring areas are to comply with AS2890.1, the Building Code of Australia and the Commonwealth Disability Discrimination Act, or the applicable standards at that time.

 

(vii)    To maintain pedestrian connectivity and casual surveillance, the through site pedestrian link from High Street, between the Stage 1 and 2 buildings, is to continue through Stage 3 to Union Road.

 

(viii)   To maintain residential amenity, apartments are to satisfy the design quality principles of State Environmental Planning Policy No 65 – Design Quality of Residential Flat Buildings and guidelines within The Orange Book.

 

(ix)    Access and sanitary facilities for persons with disabilities are to be provided and maintained in accordance with the requirements of the Building Code of Australia and AS 1428 “Design for Access and Mobility”, or the relevant codes at that time.  At a minimum, 10% of all residential units (3 units) are to be designed according to the adaptable housing code (AS4299), or the relevant code at that time.

 

(x)     To ensure an ecological sustainable outcome, the buildings are to be provided with a green roof and more than satisfy contemporary standards applicable of the time.

 

(xi)    To maintain water quality for the precinct and Nepean River, the site is to be adequately drained of stormwater.

 

(xii)    To maintain amenity of tenants and residents, waste disposal is to be appropriately serviced and managed.

        

(xiii)   All monetary contributions applicable at the time of issue of Construction Certificates are to be made.

 

5.       Those persons who lodged submissions be notified of Council’s decision. 

 

In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:

For

Against

Councillor Jim Aitken OAM

 

Councillor Kaylene Allison

 

Councillor Robert Ardill

 

Councillor Kevin Crameri OAM

 

Councillor Greg Davies

 

Councillor Mark Davies

 

Councillor Tanya Davies

 

Councillor Ross Fowler OAM

 

Councillor Ben Goldfinch

 

Councillor Jackie Greenow

 

Councillor Prue Guillaume

 

Councillor Marko Malkoc

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor John Thain

 

 

Councillor Ross Fowler OAM returned to the meeting, the time being 8:40pm

 

The City as an Economy

 

10      Membership of the New Economic Development entity                                                  

480  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Tanya Davies

That:

1.     The information contained in the report on Membership of the New Economic Development entity be received.

2.     Mr Craig Butler’s nomination as the General Manager’s representative on the Board of the new economic development entity be approved.

 

The City Supported by Infrastructure

 

11      Proposed Commuter Carpark - St Marys                                                                         

481 A MOTION was MOVED by Councillor Jackie Greenow seconded Councillor Marko Malkoc  

That:

1.     The information contained in the report on Proposed Commuter Carpark - St Marys be received.

2.     Council gives in-principle support to the proposed commuter carpark at St Marys.

3.     Further discussions be held with RailCorp regarding the ownership /management model as indicated in this report.

An AMENDMENT was MOVED by Councillor Mark Davies seconded Councillor Ben Goldfinch

That:

1.     The information contained in the report on Proposed Commuter Carpark - St Marys be received.

2.     Council gives in-principle support to the proposed commuter carpark at St Marys.

3.     Further discussions be held with RailCorp regarding the ownership/management model as indicated in this report.

4.     Council write to the Minister for Transport thanking them for providing a commuter carparking facility in St Marys and also enquiring as to the intention of the car park to charge users a fee for usage.

On being PUT to the meeting, the AMENDMENT was LOST.

On being PUT to the meeting the MOTION was CARRIED.

 

12      Funding Offer from the Roads and Traffic Authority for Implementation of a 40km/h High Pedestrian Activity Area Scheme in Penrith CBD                                                           

482  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee

That:

1.     The information contained in the report on Funding Offer from the Roads and Traffic Authority for Implementation of a 40km/h High Pedestrian Activity Area Scheme in Penrith CBD be received.

2.     Council accept the RTA’s offer of $220,000 to commence detailed design and estimates of traffic calming devices associated with a 40km/h High Pedestrian Activity Scheme.

3.     Subject to confirmation of additional RTA funding, up to a total of $300,000, a 40km/h High Pedestrian Activity scheme be implemented in the Penrith CBD as detailed in the report.

 

4.     Council’s component being up to $150,000 be funded from Traffic Facilities budget and salary savings.

5.     Consultation with affected stakeholders be carried out prior to the implementation of traffic calming devices within the City Centre.

 

Councillor Jackie Greenow requested her name be recorded as having voted against motion.

 

13      Transport Conference - Urban Transport World Australia 2009                                     

483  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Transport Conference - Urban Transport World Australia 2009 be received.

2.     Council nominate Councillors to attend the conference on 24 and 25 February 2009.

3.     Councillors Jim Aitken OAM, Greg Davies and Ben Goldfinch to attend the conference.

 

Leadership and Organisation

 

14      Decision Making Arrangements During the Council Recess                                          

484  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jackie Greenow

That:

1.      The information contained in the report on Decision Making Arrangements During the Council Recess be received.

2.      Development Applications which would normally warrant reporting to Council between 16 December 2008 and 1 February 2009 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor, including DA08/1082 – 601 High Street – Civic Space – Operation of a Farmer’s Market.

3.       A report be presented to the Ordinary Council Meeting to be held on 2       February 2009 relating to the operations of the organisation during this          period.   

4.       Development Application DA07/0494 – ADI Site (Penrith) 1070-1274 The         Northern Road, Llandilo – Modify Fill Details, be reported to Council for          determination.

 

 

16      Summary of Investments & Banking for the period 1 November 2008 to 30 November 2008

485  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 November 2008 to 30 November 2008 be received.

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 November 2008 to 30 November 2008  be noted and accepted.

3.     The graphical investment analysis as at 30 November 2008 be noted.

 

 

 

 

 

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Penrith LGA Backyard Swimming Pool Register                                                   

Councillor Robert Ardill requested a memo reply to all Councillors regarding the existence of a register of backyard swimming pools and associated inspection programs for pool fence compliance.

 

QWN 2      2009 History Conference                                                                                          

Councillor Ross Fowler OAM requested that an amount of $3,000 divided equally from all 3 Wards Voted Works be allocated to assist fund the 2009 History Conference.

 

486  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

487  RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch that $3,000 divided equally from all 3 Wards Voted Works be allocated to assist fund the 2009 History Conference.

 

QWN 3     Council Property - Electricity Easements at Wallacia Bushfire Brigade, Lot 422 DP 706223, Park Road, Wallacia

Councillor Karen McKeown left the meeting, the time being 9:02pm.

 

Councillor Kevin Crameri OAM requested a report to Council investigating whether 25% of the total compensation received by Council from Sydney Water could be returned to the Wallacia Bushfire Brigade.

 

QWN 4      Region 1 Proposed Bus Network Review – Bus Route 782

Councillor Karen McKeown returned to the meeting, the time being 9:03pm.                                   

Councillor Kevin Crameri OAM requested a memo reply to all Councillors on Council’s position regarding bus route 782.

 

QWN 5      Local Environment Plan Matters                                                                             

Councillor Kevin Crameri OAM requested a urgent memo reply on the matters raised by residents in relation to the E4 zoning under the proposed Penrith LEP 2008.

 

QWN 6      Work carried out on Fairlight Road, Mulgoa                                                          

Councillor Kevin Crameri OAM requested a memo reply to all Councillors detailing the work carried out on Fairlight Road, Mulgoa and also information on the history of the site and whether or not it has a Development Application and Council’s involvement in this.

 

QWN 7      Proposed School - Seventh Avenue, Llandilo                                                          

Councillor John Thain requested on behalf of the Berkshire/Shanes Park Residents Action Group an extension of the exhibition period until the end of January for the proposed school at Seventh Avenue, Llandilo

 

QWN 8      Penrith Soup Kitchen                                                                                                

Councillor John Thain requested that an amount up to $2,400 be divided equally from all 3 Wards Voted Works be allocated to purchase a commercial dishwasher.

 

488  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the matter be brought forward and dealt with as a matter of urgency.

 

His Worship the Mayor, Councillor Jim Aitken OAM, ruled that the matter was urgent and should be dealt with at the meeting.

 

489  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Greg Davies that the amount of up to $2,400 be divided equally from all 3 Wards of Voted Works be allocated to purchase a commercial dishwasher.

 

Committee of the Whole

 

490  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Prue Guillaume the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 9:12pm.

 

 

Councillor Kevin Crameri OAM left the meeting, the time being 9:14pm.

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Greg Davies seconded Councillor Prue Guillaume that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

City In Its Environment

 

2        Commercial Matter - Additional Project for Regional & Local Community Infrastructure Program                                                                                                                               

 

This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 9:17pm and the General Manager reported that the Committee of the Whole met at 9:12pm on 15 December 2008, the following being present

 

His Worship the Mayor Councillor Jim Aitken OAM, Councillors Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Jackie Greenow, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee, and John Thain

 

and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 9:18pm.

 

CONFIDENTIAL BUSINESS

 

2        Commercial Matter - Additional Project for Regional & Local Community Infrastructure Program                                                                                                                               

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Kaylene Allison

CW2 That:

1.     The information contained in the report on Commercial Matter - Additional Project for Regional & Local Community Infrastructure Program be received.

2.     An application be made to the Strategic Projects component of the RLCIP as indicated in this report.

3.     Design costs for the project be advanced from the Design Reserve (RA40081) as indicated in this report.

 

ADOPTION OF Committee of the Whole

 

491  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown the recommendation contained in the Committee of the Whole and shown as CW2 be adopted.

 

 

MASTER PROGRAM REPORTS

 

LEADERSHIP AND ORGANISATION

 

15      Regional & Local Community Infrastructure Program                                                    

492  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Robert Ardill

That the information contained in the report on Regional & Local Community Infrastructure Program be received.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:21pm.

I certify that these 30 pages are the Confirmed Minutes of the Ordinary Meeting of Penrith City Council held on 15 December 2008..

 

 

                                       ____________________                ______________

                                                Chairperson                                     Date

 

 

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

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

 

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

 

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

 

The person addressing the meeting needs to clearly indicate:

 

· Their name;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Glenn McCarthy

Public Officer

02 4732 7649                                                       

   


Mayoral Minutes

 

Item                                                                                                                                       Page

 

1        2009 Australia Day Celebrations

 

2        Locals recognised in 2009 Australia Day Honours

 

3        Congratulations to Nepean Volunteer Services on turning 21

 

4        Council recognised for achievement in sustainability by the International Council for Local Environmental Initiatives (ICLEI)

 

5        Londonderry Bushfires

 

 



Ordinary Meeting

2 February 2009

The City as a Social Place

 

Mayoral Minute

2009 Australia Day Celebrations

Strategic Program Term Achievement: The City is widely recognised as a centre of cultural diversity, excellence and access.

         

 

Council’s Australia Day celebrations at the Sydney International Regatta Centre were a great success again this year. An estimated 40,000 people attended the event on Monday 26 January 2009 and enjoyed an impressive program of high quality family entertainment and activities, from music and stunt shows to rides and displays. The fireworks spectacular was once again a popular highlight.

 

We were honoured to be joined at our official proceedings on the day by the Premier of NSW, the Hon. Nathan Rees MP, and to be chosen once again as one of three NSW sites to host an Australia Day Premier’s Reception. This reflects the calibre of our facilities and our commitment to celebrating this important day.

 

Our Australia Day Ambassadors, both talented television personalities, were entertainer Maria Venuti AM and celebrity gardener Don Burke. They made a great contribution to the day, and I thank them both.

 

I would like to express Council’s gratitude to our many generous sponsors and supporters, including Integral Energy; Penrith Lakes Development Corporation; NSW Sport and Recreation; Woolworths; Channel Nine; Blue Scope Steel; Penrith Press; Panthers World of Entertainment; O-I; Vintage 87.6 FM; Blue Mountains Bus Company; Mulgoa Quarries; JK Williams; Westfield Penrith; Richard Eastmead The Good Guys Penrith; Penrith City Star; Dave Butfield’s Tackle World St Marys; Hix Group Pty Ltd; Delfin Lend Lease; Western Weekender; Springfree Trampolines; and McDonald’s Penrith Valley Restaurants.

 

Thank you also to management and staff of the Sydney International Regatta Centre for again providing an excellent venue and outstanding service.

 

This outstanding celebration would not be possible without the enthusiasm and expertise of so many individuals and teams. So last, but certainly not least, a big thank you to the many volunteers and to all the Council staff involved in the organisation and smooth running of this major event. Special recognition and thanks to the wonderful, dedicated and tireless teams led by Council’s Senior Events Officer, Sarah Talbot, and Traffic and Special Event Coordinator, Gary Lawson. Congratulations to all on a job well done.

 

 

Jim Aitken OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on 2009 Australia Day Celebrations be received.

 

 

 


Ordinary Meeting

2 February 2009

The City as a Social Place

 

Mayoral Minute

Locals recognised in 2009 Australia Day Honours

Strategic Program Term Achievement: The City is widely recognised as a centre of cultural diversity, excellence and access.

         

 

Five people from the City of Penrith were honoured in the 2009 Australia Day Honours List, announced on Monday 26 January.

 

Congratulations to Dr Malcolm Borland who was honoured with a Member of the Order of Australia (AM), and Marie Kilpatrick, Peter Leek, Robin McKay and Garry Rumble who received Order of Australia Medals (OAM).

 

The Queen approved the institution of the Order of Australia in 1975 as “an Australian society of honour for according recognition to Australian citizens and other persons for achievement or meritorious service”. This year’s recipients bring to 95 the total number of citizens from Penrith City ever to receive the nation’s highest honour.

 

Dr Malcolm Borland AM of Penrith was recognised for his service to the community, particularly through the Australian Foundation for Disability (AFFORD), and to local government. He is currently Chairman of AFFORD. He served as a Penrith City Councillor from 1974 to 1999, contributing in particular to the development of the Joan Sutherland Performing Arts Centre as a valuable cultural resource for Penrith.

 

Marie Kilpatrick OAM of Emu Plains was recognised for her service to the Blacktown community, particularly through the Australian Red Cross.

 

Peter Leek OAM of St Marys was recognised for his service to sport as a swimming Gold Medallist at the Beijing 2008 Paralympic Games. Peter has set countless national records and broken world and Paralympic records during his career, and won an amazing three gold medals, four silver medals and a bronze in Beijing.

 

Robin McKay OAM of Emu Plains was recognised for his service to the community of Penrith and the Nepean District, through business, religious, educational and service organisations, and architecture.

 

Garry Rumble OAM of Penrith was recognised for his service to the Penrith community, particularly through Rotary International, and to local government. His work in local government spanned over 50 years, including 31 years service with Penrith City Council and, upon retirement, his contribution as a Councillor from 2004 to 2008.

 

Congratulations also to Alan Travers PSM who received the NSW Public Service Medal for his outstanding contribution to local government. Alan retired in July 2008 after a career spanning 40 years of local government service including 10 years as General Manager at Penrith. Throughout his career he advocated passionately for the City, the Council and its staff, and constantly promoted Penrith and its role as an emerging regional city.

 

Four local residents were also honoured in the 2009 Penrith City Australia Day Citizens Awards. They join an esteemed group honoured across the country as part of the Australia Day Council’s National program.

 

Congratulations to Citizen of the Year Terry Heidtmann, Young Citizen of the Year Dylan Snape, Community Award recipient Kathy Rae and Young Sports Achievement Award recipient Peter Leek OAM. Peter must be especially proud of his double recognition on the day.

 

Terry Heidtmann has helped numerous individuals and organisations in our community in many ways over the last four decades. He started the Nepean Triathlon and has also played a pivotal role in the growth of the Panthers organisation as a Director and Board member.  

 

Kathy Rae has worked tirelessly with many local organisations including the Red Cross and Nursing Mothers.

 

Dylan Snape has done more for the community during his young life than most will ever do. Seven years after joining St Johns Ambulance at the age of nine, Dylan has clocked up almost 1000 hours of voluntary service with them, and has also been a prolific fundraiser, raising $20,000 for the CareFlight helicopter service.

 

This impressive list reflects the fact that we are blessed in Penrith with an extremely talented, generous and active community. On behalf of Council I will send congratulatory letters to each of these very deserving Australian Honours recipients, and arrange to meet with them to congratulate them personally in the near future.

 

 

 

 

 

Jim Aitken OAM

Mayor

 

 

 

 

 

RECOMMENDATION

That the Mayoral Minute on Locals recognised in 2009 Australia Day Honours be received.

 

 

 


Ordinary Meeting

2 February 2009

The City as a Social Place

 

Mayoral Minute

Congratulations to Nepean Volunteer Services on turning 21

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

         

 

On behalf of Council and our community, I am pleased to congratulate Nepean Volunteer Services Inc, one of our most dedicated and successful community organisations, on 21 years of outstanding service.

 

Nepean Volunteer Services and the volunteers it coordinates through the Volunteer Referral Service, Nepean Neighbour Aid Service, HACC Volunteer Training Project, and Community Visitors Scheme provide much-needed support to local people. These people, many of them aged residents and people with disabilities, rely on volunteers to make their life comfortable and reduce their isolation.

 

The service provides a range of programs that support community members and volunteers themselves. Many of their volunteers have been volunteering for well over a decade.

 

On 12 February Council will be helping celebrate this milestone and acknowledge the outstanding contribution by past and present volunteers with a Civic Reception at the Civic Centre.

 

On behalf of the Council and community of Penrith, congratulations and thank you to everyone involved in Nepean Volunteer Services, and keep up the great work.

 

 

 

Jim Aitken OAM

Mayor

 

 

 

 

RECOMMENDATION

That the Mayoral Minute on Congratulations to Nepean Volunteer Services on turning 21 be received.

 

 

 


Ordinary Meeting

2 February 2009

The City in its Environment

 

Mayoral Minute

Council recognised for achievement in sustainability by the International Council for Local Environmental Initiatives (ICLEI)

Strategic Program Term Achievement: Council leads our City by example and through advocacy by implementing sustainability initiatives.

         

 

Council’s sustainability efforts have been recognised in three different ways by the International Council for Local Environmental Initiatives (ICLEI) recently.

 

Penrith became the third council in Australia ever to have completed the ICLEI Water Campaign when it was awarded Milestone 5 Corporate and Community by the Department of the Environment, Water, Heritage and the Arts and ICLEI Oceania at the 2008 Australian Local Government Association Annual Local Government Constitutional Summit in Melbourne on 10 December 2008.

 

The campaign is an international fresh water management program delivered by ICLEI Oceania in collaboration with local governments, water authorities and the Australian Government. Since joining the program, Council reduced its on-going water consumption by 33 per cent and introduced significant water saving actions such as developing recycled water schemes for some of the City’s open spaces and playing fields. Our community has also reduced its water consumption by 19 per cent over this time.

 

Council’s commitment to reducing greenhouse gas emissions was also recognised when it was awarded by the Department and ICLEI Oceania for completing the Planning and Review module of the Cities for Climate Protection CCP Plus Australia program. This is an extension of the planning and review Council undertook to achieve the CCP Milestone 5, and included Council’s 2007 reinventory of corporate and community fuel and energy use and waste production, and a review of Council’s Local Action Plan.

 

Council was also recognised for supporting ICLEI by hosting an ICLEI Oceania Water Campaign staff member. This is an important step in Penrith’s sustainability journey, and will strengthen communication and effective partnership between ICLEI and local government.

 

These recent commendations reflect Council’s commitment to - and leadership in - sustainability. I would like to congratulate everyone involved in these achievements, and encourage everyone’s continued support as we work towards a sustainable future for Penrith.  

 

Jim Aitken OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Council recognised for achievement in sustainability by the International Council for Local Environmental Initiatives (ICLEI) be received.

 

 

 


Ordinary Meeting

2 February 2009

The City Supported by Infrastructure

 

Mayoral Minute

Londonderry Bushfires

Strategic Program Term Achievement: Plans are developed and implemented in partnership with emergency service agencies to provide emergency services and facilities to the City.

         

 

On behalf of Council and the community I would like to thank all our local heroes involved in successfully fighting a significant fire in Londonderry last month. The fire which started on the corner of Londonderry and Whitegates roads on January 15 quickly took hold in surrounding bushland and spread due to the extreme temperature and winds.

 

The 000 call was received at about 3pm, with the initial response provided in minutes. At the height of the fire there were over 300 firefighters on the ground including 280 volunteers, and it was finally brought under control at 8.42 pm. 84ha of bushland was burnt but property loss was limited to a shed, two cars and some trucks, despite 15 properties being threatened. Four people were injured, including two firefighters suffering smoke inhalation and one with heat stress, but the situation would have been far worse without the efforts of the volunteers.

 

It’s a tribute to the professionalism of the Rural Fire Service (RFS) volunteers that it was brought under control and caused minimal damage. Our nine very active RFS brigades throughout the district have for many years been dedicated to protecting the local community. Their dedication and professionalism is evident in their rapid response to emergencies, as well as their efforts in community education and fire mitigation.

 

During the Londonderry fire the volunteers also extinguished a fire threatening homes in Homestead Road, Orchard Hills. I would like to pay particular tribute to the Group Captains who coordinated the response by various tankers and volunteer fire fighters from across our Zone as well as the Blue Mountains district and Macarthur Zone, and the NSW Fire Brigades. Support was also provided by volunteers of the Penrith Rescue Service and Council staff

 

Tremendous community spirit is alive in Londonderry. RFS volunteers play a key role in times of need and celebration. Council officers recently worked alongside the local RFS and community at a Christmas celebration as part of the Neighbourhood Renewal Program. 

Council is very proud of all the RFS volunteers in the Penrith District who give their time and skills for the community, often in the face of extreme personal danger. They deserve the highest praise and I am in the process of arranging a Civic Reception to recognise the efforts of these dedicated people who contribute so much to our community.

 

Jim Aitken OAM

Mayor

 

RECOMMENDATION

That the Mayoral Minute on Londonderry Bushfires be received.

 

 

  


 

Item                                                                                                                                       Page

 

 

The City in its Broader Context

 

1        Great River Walk - Stage 6 Grant Offer

 

The City as a Social Place

 

2        Youth Week 2009

 

3        Mobile Playvan 

 

4        Initial Development of Stage One of the Gipps Street Recreational Area

 

5        Request for a Councillor nomination for the Community Relations Commission of NSW Nepean Blacktown Regional Advisory Council

 

The City In Its Environment

 

6        Floodplain Management Program 2008/2009 - Grant Offer

  

The City Supported by Infrastructure

 

7        Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW

 

Leadership and Organisation

 

8        Pecuniary Interest Returns

 

9        2009 Local Government Remuneration Tribunal Review

 

10      Department of Local Government Councillor Information Seminars

 

11      Development Applications Determined during the Council's Christmas/New Year Recess

 

12      Standard & Poors

 

13      Urban Development Institute of Australia National Congress 2009

 

14      Summary of Investments & Banking for the period 1 December 2008 to 31 December 2008

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City in its Broader Context

 

Item                                                                                                                                       Page

 

1        Great River Walk - Stage 6 Grant Offer

 

 



Ordinary Meeting

2 February 2009

The City in its Broader Context

 

 

The City in its Broader Context

 

 

1

Great River Walk - Stage 6 Grant Offer   

 

Compiled by:                Karin Schicht, Acting Major Projects Manager

Authorised by:             Karin Schicht, Acting Major Projects Manager   

Strategic Program Term Achievement: Penrith Lakes is developing and being used in a way that establishes it as a principal Sydney destination.

Critical Action: Participate in the planning process for Penrith Lakes and advocate its innovative development as a regional centre for enterprise, water based recreation elite sports, entertainment and events.

     

Purpose:

To advise Council of a grant offer for Stage 6 of the Great River Walk under the Metropolitan Greenspace Program 2008 and to seek Council's endorsement for the acceptance of the grant. The report recommends that the grant for funding of the Great River Walk Penrith Stage 6 (West Bank Construction) be accepted, that letters of thanks be sent to the State Minister for Planning and the State Local Member for Penrith, and that funding for the project be allocated from the Penrith District Open Space s94 Plan.

 

Background

The Great River Walk is a significant initiative that Council has been pursuing for many years, through a range of funding sources including Council, State and Federal Government grants and private contributions.  The project is part of Council’s Major Projects model, through which the funding and expenditure of significant multi-year projects are managed.

 

A major source of funding for the Great River Walk has been the Metropolitan Greenspace Program.  The Department of Planning provides over $2 million per annum to Councils in the Sydney metropolitan region, under the Program, on a dollar for dollar basis.

 

The 2008 Metropolitan Greenspace Program – Building Sydney’s Recreation Trails, focused on partnerships with local Councils to deliver projects that will add to Sydney’s recreation trail network or associated parklands, foreshores and bushland corridors.  A total of 28 successful projects across Sydney were approved under the 2008 Program, with grants totalling nearly $2,400,000.  Of this, over $2,050,000 was provided for the development of regional recreational trails.

Current Situation

The NSW Department of Planning has approved funding a grant application submitted in April 2008 for the Great River Walk.

 

At its Ordinary meeting of 4 February 2008, Council endorsed the lodgement of a grant application for Stage 6 – West Bank Construction.  A grant of $85,000 has now been approved for this stage, to be matched by Council funds of $85,000.

 

Stage 6 will initiate delivery of the Great River Walk on the western side of the river, already popular with locals and in need of improvement.  Stage 6 is based on the designs and documentation developed in Stage 4 in which designs for the whole of the western bank are being prepared.  The scope of work for this stage is still being finalised, however it is likely to include works in Regatta Park, such as improved step access to Victoria Bridge, enhanced carpark edges, paths, park furniture, and signage.

 

The value of the first section of Stage 6 is $170,000.  Council’s matching funds ($85,000) would be required in 2009-10.

Comments from Group Manager - Finance

The Great River Walk has previously been recognised by Council and the Department of Planning as a high priority project.  The approval of the above grants for Stage 6 continues the recognition of the significance of the project.  It should be acknowledged that acceptance of the grant, and commencement of works that expend that grant, commit Council to sourcing the matching funding.  The matching funding of $85,000 will be required in 2009-10.

 

It had been proposed that Council’s contribution to match the grant funding is sourced from the Penrith District Open Space 94 Plan.  There are a number of other high priority programs that also have a call on funds from this Plan, one of which, Gipps Street,  is the subject of a report to tonight’s meeting.  The Penrith District Open Space s94 Plan has an expected deficit at June 30 of $85,000.  Funding for both the Gipps Street project and this stage of the Great River Walk will place this plan further into deficit however contributions expected in 2009-10 should bring the plan back to a positive balance by June 2010 providing that the expected rate of development occurs.

 

There is currently some uncertainty around the future of this plan and others and further advice on this subject will be provided to Council when it is available.  It may be that an alternate funding source will need to be identified some time in the future should the plan no longer exist in its current form. 

 

Conclusion

Once Council formally accepts the grant, by way of forms signed by the General Manager, it commits itself to the project.  The projects are required to be completed within 24 months.

 

To date, Penrith City Council has now received a total of $811,642 for the Great River Walk, under the Department of Planning’s Metropolitan Greenspace Program.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Great River Walk – Stage 6 Grant Offer be received.

2.     Council endorse the acceptance of funding for the Great River Walk, Penrith Stage 6 (West Bank Construction) offered under the Metropolitan Greenspace Program 2008.

3.     Council send letters of thanks to the State Minister for Planning and the State Local Member for Penrith , to the Great River Walk Inc, and Hawkesbury City Council for their support.

4.     Council funds are allocated to the Great River Walk Stage 6 in 2009-10 from the Penrith District Open Space s94 plan.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City as a Social Place

 

Item                                                                                                                                       Page

 

2        Youth Week 2009

 

3        Mobile Playvan 

 

4        Initial Development of Stage One of the Gipps Street Recreational Area

 

5        Request for a Councillor nomination for the Community Relations Commission of NSW Nepean Blacktown Regional Advisory Council

 

 



Ordinary Meeting

2 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

2

Youth Week 2009   

 

Compiled by:                Laura Williams, Youth Development Officer

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Program Term Achievement: Strategies are in place to respond to the social and health needs of the community.

Critical Action: Support community organisations to address the differing needs and issues of the various age groups through Council's policy responses, program initiatives and advocacy.

     

Purpose:

To inform Council of proposed funding allocations for the 2009 Youth Week Program. The report recommends that the allocation of $6,150 funding to the proposed program of activities be endorsed.

 

Background

Youth Week is to be celebrated nationally from Saturday 28 March to Sunday 5 April 2009. The theme for Youth Week this year is “Make a Move” and the aim is to provide young people with an opportunity to express their views and act on issues that impact on their lives.  Youth Week is an opportunity to celebrate young people in our community, and to highlight their participation and achievements.

 

This year, Council received $3,075 (excluding GST) from the Department of Community Services, Communities Division.  As a requirement of receiving these funds, Council matches the amount on a dollar for dollar basis.  The total budget for 2009 Youth Week activities is $6,150.

 

Youth Week Grants Program

Council allocates funds each year, through the Youth Week Grants Program, to community-based groups (including youth and community groups, churches, social/interest groups, training and employment agencies), to assist with organising activities, events and programs in conjunction with young people across the LGA.

 

The Youth Week aims will be achieved through young people’s active involvement in activities which:

 

·    Raise issues, ideas and concerns of young people;

·    Develop strategies to address the issues important to young people;

·    Increase the community’s awareness of young people and the issues which are important to them;

·    Promote young people’s contribution to the community;

·    Demonstrate the involvement of young people in the planning of activities;

·    Demonstrate access to activities from a broad range of young people.

 

For Youth Week 2009, organisations are required to demonstrate what strategies they will employ to address any transport issues, and how the proposed activity will be advertised and promoted to a diverse range of young people including young people from Aboriginal and Torres Strait Islander backgrounds, non-English speaking backgrounds and young people with disabilities.  Organisations are also asked to demonstrate how young people will be involved in planning and implementing the activities.

 

Organisations have again been asked this year to be aware of the Penrith Youth Services Code of Practice.  Local youth services and Penrith City Council developed the Code in 2002 and it outlines best practice for organisations that work with young people.  The Code has been subsequently reviewed and confirmed as leading practice.

 

The opportunity to apply for Youth Week funds in 2009 was widely advertised, including through Penrith Youth Interagency, the Mayoral column, Council’s website and through extensive email networks.

 

Funding Applications for 2009

This year, a number of services have combined to hold a city centre event with a focus on youth health and wellbeing.  There are also a range of planned local events and activities.

 

A total of five applications have been received totalling $5,938.00. It is proposed that all of the applications be funded at the requested amounts.  It is also proposed below that the remaining funds of $212 will be used to promote Youth Week including producing a flyer and related materials.

 

Applications Recommended for Funding

1.        The Richmond Fellowship of NSW Young Women’s Art Workshops

This proposed activity has been developed and organised by the Richmond Fellowship’s young women’s dual diagnosis project worker in partnership with Penrith Regional Gallery and The Lewers Bequest.  The project will consist of two, day long, arts workshops open to young women 16-25 who experience mental health issues.

 

The activity will be open to a maximum of twelve young women with transport provided. The activity will be held on Saturday 28 March and Saturday 4 April 2009 10am-5pm.

 

Funding amount requested- $1,140.00

Proposed funding Allocation - $1,140.00 excluding GST   

 

2.        Spyns support Glenmore Park Youth Forum

This activity has been proposed by Glenmore Park High School and is supported by Spyns Inc.  The intention is to support a proposal to host a youth forum during youth week at Glenmore Park High School and invite students from other local Penrith High Schools to attend.  The activity intends to provide young people with information about youth services and encourage them to have a voice on youth issues within their communities.

 

The proposed date of the forum is Tuesday 31 March 2009.

 

Funding amount requested - $1,000.00

Proposed funding Allocation - $1,000.00 excluding GST

 

3.        Let’s Move it, Move it – Pulse Youth Group Dance competition – auspiced by Neighbourhood Development Team Erskine Park

This event has been developed and organised by the Pulse Youth Group and supported by the Neighbourhood Development Team Erskine Park.  After consultation with local young people it is proposed that the event would reflect the theme of youth week (Make a Move) by encompassing a dance competition and games and prizes.

 

The event is supported by the St Clair Youth Centre and Erskine Park High School.

 

The proposed activity is planned to take place at the Erskine Park Community Centre on Friday 3 April between the hours of 5.00pm and 9.00pm.

 

Funding amount requested - $1,040.00

Proposed funding Allocation - $1,040.00 excluding GST

 

4.        Movers and Shakers - Penrith Youth Interagency Combined Event- auspiced by St Clair Youth and Neighbourhood Services Inc.

This proposed event is a collaborative project involving a range of services who are participating members of Penrith Youth Interagency.

 

It is proposed that this event will provide a safe space for young people and their families to celebrate young people in the community.  As part of the event activities will include interactive stalls providing information on various youth related topics including: WSITAFE courses including youth work, counselling for families and young people, Nepean Youth Drug and Alcohol Service, (NYDAS), the Warehouse Sexual Health Service and direct service providers from various areas of the LGA.

 

There will also be a range of stimulating activities including: roving artist, air brush tattooist, African drumming interactive musical workshops and food and refreshments.

 

Limited transport will be organised so that young people from across the LGA can attend the city-central event.

 

The proposed event will be held on Thursday 2 April from 4.00pm – 7.00pm, on the grassed area between the Joan Sutherland Performing Arts Centre, Westfield Plaza and the Penrith Civic Centre.  Similar successful events have been held in this space in the past.

 

Services involved in planning the event include: SWAHS NYDAS, The Warehouse, St Clair Youth and Neighbourhood Services, Spyns Inc, Fusion Youth Services, Barnardos and Wesley Mission.

 

Funding amount requested -$2,018.00

Proposed Funding Allocation - $2,018.00 excluding GST

 

5.        WOW FM Speak out – Make a Move

This activity proposes to select twelve Greek young people to co-host a two hour Greek Music program titled: Evening Coffee with Malama, Speak out – Make a Move.  Prior to the event young people would be consulted and twelve young people of Greek backgrounds would participate and meet to suggest ideas for this program.  Additional young people would also be invited to participate including young people experiencing isolation, early school leavers and young people with disabilities.  After initial research, engagement and meeting with the young people twelve young people representing three from each of the age groups, (12-14, 15-17, 18-20 and 21-24 years), will be invited to participate and the Coordinator of the radio program will interview the 12 young people live on FM Radio.

 

The proposed event will take place on 31 March from 5.00pm-7.00pm, at WOW FM St Marys where the 12 young people will present their program.

 

Funding amount requested- $740.00

Proposed Funding Allocation -$740.00 excluding GST

 

Youth Week Program Promotion

One of the key strategies to a successful Youth Week program is promotion and advertising.  A detailed program of events for 2009 will be developed and promoted once all arrangements for events and activities are finalised.  Promotional material will be placed throughout neighbourhood and community centres, local schools, shopping centres and local media.  The program will also be posted on Council’s website. The Youth Week program will incorporate a range of activities including those outlined above as well as self-funded activities by other services and youth organisations.

 

As pointed out on page 2 of this report $212.00 from the Youth Week budget will be allocated to promotion of Youth Week.  This allocation will be complemented with other internal resources.

 

Summary

Youth Week is a national event that provides opportunities for young people to get involved in activities and events in their local communities.  Youth Week is also an opportunity to celebrate young people in our community and highlight their participation and achievements.

 

Council has matched funding received from the Department of Community Services of $3,075 for a total of $6,150 available for Youth Week activities in the Penrith LGA.  A total of $5,938.00 is recommended for allocation to five activities.  The remaining $212.00 from the budget will be allocated to assist in promotion of Youth Week activities.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Youth Week 2009 be received.

2.     Council approve the following amounts as proposed in this report:

a.   Richmond Fellowship NSW                                            $1,140.00

b.   Spyns Inc                                                                       $1,000.00

c.   Neighbourhood Development team Erskine Park             $1,040.00

d.   St Clair Youth and Neighbourhood Services                   $2,018.00

e.   WOW FM                                                                        $740.00

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

3

Mobile Playvan    

 

Compiled by:                Amanda Collins, Mobile Playvan Co-ordinator

Authorised by:             Janet Keegan, Children's Services Manager - Operations   

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

Critical Action: Facilitate the delivery of children’s services with a range of stakeholders to meet the current and emerging needs of families.

     

Purpose:

To report the achievements of the Mobile Playvan Service in 2008. The report recommends that the information be received.

 

Background

The Mobile Playvan service has been in operation since 7 June 1982, over twenty-six years. This valuable and unique service offers families a free play session facilitated by trained Early Childhood professionals.  The Mobile Playvan provides an essential service for families in the Penrith LGA.  The service also provides information to families and is a soft entry service that enables families to have a positive experience with a children’s service, gain parenting information and support, and build informal social networks with other families in their local community.

 

The service provides a hub of information, including referral and specialist information, parenting support, community services information, and health and development information. The service empowers parents to be proactive in the care and education of their children.  The Playvan service also supports parent health and well being.

 

 

                          

 

 

 

 

 

Venues in 2008

The service visits seven different locations around the Penrith LGA, and the venues that have been serviced in 2008 are listed below:

 

MONDAY

9.30am

Wallacia - Fowler Reserve, Silverdale Road

TUESDAY

9.30am

Cranebrook - Andromeda Drive Community Centre, opposite Corpus Christi Primary School   

 

12.30pm

Claremont Meadows - Cedar Park, between Primrose Circuit and Sunflower Drive

WEDNESDAY

9.30am

North St Marys -  North St Marys Neighbourhood Centre Debrincat Avenue

 

12.30pm

Glenmore Park  - Public Reserve, between Glengarry Drive and Torquay Terrace

THURSDAY

9.30am

Glenmore Park - The Public Reserve, Muru Drive

FRIDAY

9.30am

Claremont Meadows  - Community Centre Sunflower Drive

 

Outcomes for the service

The service aims to fulfil the following outcomes:

1.   Assist families (both parents and children) to develop social networks and break down the social isolation often experienced by families with young children;

2.   Support families in their parenting role (including positive parent/child interactions);

3.   Improve access to parenting information;

4.   Promote positive learning experiences for children;

5.   Support transition to school and to other children’s services.

 

These outcomes are regularly evaluated through indicators, data gathering tools, staff evaluation and photographic evidence.

 

Council Officers have reported positive outcomes for parents through improved parenting skills and increased positive interactions with children.  This has been evident through informal conversations and staff observations.

 

Approximately 203 parent education packs were distributed during the year on topics such as numeracy and literacy, starting school, language development, guiding behaviour and developing healthy eating habits.  In addition to these, each new family was given a welcome bag with a range of information on services in the community, childcare services, topics such as sun protection, parenting groups and road safety.  During 2008, over 150 welcome packs were distributed to new families.

 

                               

 

Utilisation in 2008

During 2008, there was a fluctuation in attendance and some sessions grew considerably while others remained stable.  During the year, to the end of November, 216 sessions were held with an average of 14.2 parents and 18.8 children attending each session. This includes figures from children’s week activities held at our regular sessions where staff noted a significantly higher attendance during that week.  Over 250 individual families have attended the sessions throughout the year

 

Partnerships with other agencies

Council Officers have formed strong links with Mission Australia and as a result a worker from Mission Australia attends on a weekly basis the session at North St Marys. This partnership has given the families in North St Marys access to a range of services and also allows the parents to connect directly with this agency. 

 

The Mobile Playvan Co-ordinator attends the Nepean Child and Family Forum and Claremont Meadows service providers group.  This enables staff to keep up-to-date with services, current issues and new initiatives relevant to families in the LGA. 

 

Involvement in events in the LGA

Children’s Week and Child Protection Week

The Mobile Playvan staff team were involved in delivering Council’s Children’s Week activities across the LGA during this national event on 20-24 October. During this week, over 320 children and their families took part in the celebration.

 

 

                       

 

 

A diverse range of community services were involved in Children’s Week events. These services included:

Community Access Care Pair               Brighter futures / Department of Community Services                       

Playgroups NSW                                    Mountains to Meadows Mobile Preschool

Connecting Cranebrook/ SPYNS          TAFE NSW

Penrith City Council Library services – toy library and story time staff

Penrith City Council Healthy people partnership

 

These agencies and services were invited to participate the 2008 events at the various locations, as follows:

          

 Monday   -        Wallacia

             Tuesday   -        Cranebrook shopping centre

             Wednesday -     Civic Centre in front of the Joan Sutherland Performing Arts Centre

                                       St Marys Shopping village

             Thursday -         Glenmore Park

             Friday -             Claremont Meadows     

 

Mobile Playvan staff also developed a display in the Civic Centre during Child Protection Week in September 2008, focussing on the prevention of child abuse and neglect in the community.  

 

Council’s Open Day

Mobile Playvan staff were involved in planning and setting up the area assigned for Children’s Services during Open Day which was highly successful with many families taking part in the planned activities and accessing information about Penrith City Council’s Children’s Services.

 

                             

 

Award winning service

Achievements in 2008 also included a Commendation Award at the National Local Government Awards which recognised the work of the Mobile Playvan service in supporting children and families. 

 

Summary

The Mobile Playvan, which is jointly funded by Council and the Department of Community Services, has developed a good reputation over many years for the service it provides to families across the LGA.   Planning is currently underway to determine future locations and priorities for the service, in conjunction with other stakeholders.

 

 

RECOMMENDATION

That the information contained in the report on the Mobile Playvan be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

4

Initial Development of Stage One of the Gipps Street Recreational Area   

 

Compiled by:                Wayne Mitchell, Group Manager - City Infrastructure

Authorised by:             Wayne Mitchell, Group Manager - City Infrastructure   

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

Critical Action: Ensure facilities and services reflect the City's diverse current and future recreation and leisure needs.

     

Purpose:

To allocate funding for the filling of Stage One of the Gipps Street recreational area. The report recommends that a budget allocation of $400,000 be made to facilitate the filling and preliminary development of Stage One of the Gipps Street recreational area from the Penrith District Open Space S94 plan.

 

Background

The Gipps Street site is located on Gipps Street, Claremont Meadows. The site is 34 hectares in size and links into the South Creek corridor lands.  The site was previously a landfill and has been rehabilitated over several years as a major project of Council. The site is now safe and ready to be developed for future recreational use.

 

In December 2007 Council adopted a Masterplan for the future development of the Gipps Street site and a Precinct Plan to guide future use of the adjoining South Creek recreational corridor. The Masterplan aspires to maximise the opportunities at the site for active and passive recreational pursuits. The Masterplan has been designed to provide high quality sporting fields within a landscape that also offers passive and informal recreation areas. The Masterplan also provides for connection and integration of the site with the South Creek corridor lands via a potential pedestrian bridge and walking trails along the Creek. Other important elements include a potential education precinct and restoration of native vegetation.

 

Detailed designs are being prepared for Stage One of the development of the site for its future use as a district level recreational area. These plans are nearing completion and will include:

 

·    Substantial filling of the western portion of the site to create a level platform for sporting fields

·    Two full size football fields and two mini fields. The full size fields can alternately be developed as an AFL or cricket field. The future use of these fields is yet to be determined

·    The first half of the loop road that will eventually circle the playing fields

·    Parking areas

·    Amenities building

·    Passive open space areas

·    Pathways

·    Stormwater drainage

Current Opportunity

While the current year is primarily focussed on the completion of detailed designs, an opportunity to receive a significant quantity of fill for Stage One has arisen. Council has been offered a quantity of approximately 75,000 tonnes of suitable material from a development site. This material has been certified as suitable for this purpose. The soil will be delivered to the Gipps Street site at no cost. This represents a saving of up to $380,800 on transport costs alone. If Council were to purchase this material the total cost would be in the order of $1,125,000. The material needs to be moved in the next two to three months to meet the timeframe of the company involved. Deliveries can commence in mid February 2009 if agreement can be reached. Approximately 200,000 tonnes of fill material will be required for the full development of the site.

 

The impact of this opportunity to receive a substantial quality of fill material for the site is that funds will be required to prepare the site and then spread and compact the material as it is delivered. Additional environmental controls and revegetation of the exposed soils at the conclusion of the work will also be required. The estimated cost of this work is $400,000.

 

The alternative to placing the material as it is delivered would be to stockpile it until such time as Stage One is developed. This option would still require environmental controls and temporary revegetation and would cause significant double handling of the material in the future. The stock piles would also be quite high and may cause a visual impact to neighbouring residential areas.

 

Similar offers of fill material may arise in the year ahead. Now that detailed designs are in hand we are able to make the most of these opportunities where possible and achieve significant savings on the future development of this site.

Comment from Group Manager - Finance

The Penrith District Open Space s94 Plan has an allowance for works at Gipps Street totalling $9.2m.  The opportunity to access free fill for the Stage 1 filling works at the Gipps Street site has considerable cost savings to Council.  The s94 plan currently has a current projected deficit balance of $85,000 as at 30 June 2009.  Funding for the filling works at Gipps Street would see that deficit increase to approximately $485,000 in the current financial year.  Current projected rates of development within the city would see this deficit being reversed by 30 June 2010 however this time frame will be impacted by changes to those projected rates. 

 

There is currently some uncertainty around the future of a number of developer contribution plans and further advice on this subject will be provided to Council when it is available.  If in the future the Penrith District Open Space s94 was not placed to repay this $400,000 recommended for expenditure in advance of receipt of the contributions then an alternate funding source would need to be identified.  Whilst there is some risk in advancing the funding in light of the current s94 plans situation the opportunity to source the materials free of charge has significant long term savings to the total cost of the Gipps Street recreational area and is thus recommended that the funding be provided from the Penrith District Open Space s94 plan.

Conclusion

The detailed designs for Stage One of the development of the Gipps Street recreation site are almost complete. The final landform and levels are known and construction can occur when budgets and timing for this work is determined by Council. In the interim there is an opportunity to achieve significant savings if fill material can be accepted onto the site that is on offer to Council. A budget allocation is required in the current year’s budget to facilitate this work.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Initial Development of Stage One of the Gipps Street Recreational Area be received.

2.     A budget allocation of $400,000 be made to facilitate the filling and preliminary development of Stage One of the Gipps Street recreational area from the Penrith District Open Space s94 plan.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

5

Request for a Councillor nomination for the Community Relations Commission of NSW Nepean Blacktown Regional Advisory Council   

 

Compiled by:                Tracy Leahy, Community Programs Co-ordinator

Authorised by:             Erich Weller, Community and Cultural Development Manager   

Strategic Program Term Achievement: Access has increased for communities that face barriers to using social services and facilities.

Critical Action:  Support and encourage fairness of access to Council and other social facilities and services.

     

Purpose:

To inform Council of the request from the Community Relations Commission of NSW for a Councillor nomination to the Nepean Blacktown Regional Advisory Council.  The report recommends that Council nominate a Councillor representative to the Nepean Blacktown Regional Advisory Council.

 

Background

The Community Relations Commission for a multicultural NSW was created on 13th March 2001, under the Community Relations Commission and Principles of Multiculturalism Act, 2000 (NSW).

 

The Act contains provisions to establish multiculturalism as a policy of the State. Section 3(4) provides that each public authority must observe the principles of multiculturalism in conducting its affairs and section 3(5) assigns this duty to each executive officer of each public authority.

 

In compliance with Clause 10 of the Act, the Community Relations Commission (CRC) created ten Regional Advisory Councils (RACs), comprising Government and community representatives. The role of the RAC is to identify multicultural issues of local concern, discuss them at quarterly meetings, and ensure that the CRC is aware of these issues. Examples of local issues that have been acted upon include the identification of the need to inform the African community about the role of Local Government. Council officers from both Penrith and Blacktown Councils organised a very successful forum in November 2007 to inform the African community about the role of Local Government, Councillors and services provided by Council.

 

The RAC meets on a quarterly basis. The meetings are chaired by a Commissioner of the CRC and supported by a Regional Council Liaison Officer.

 

Former Councillor Pat Sheehy AM represented Penrith City Council for a two year term on the Nepean Blacktown RAC which concluded on the 30 June 2008. Former Councillor Sheehy AM did not stand in the September 2008 Council elections and therefore the Penrith Councillor representative on the RAC is vacant.

 

Present Position

Correspondence was received from the CRC in November 2008 requesting that Council nominate a Councillor representative to the Nepean Blacktown Regional Advisory Council.  The term of the Councillor representative would be until June 2010.  The Committee meet on a quarterly basis and the following meetings have been set for 2009.

 

·    Monday 16 February 2.00pm-4.00pm, Blacktown City Council

·    Monday 18 May 2.00pm-4.00pm, Penrith City Council

·    Monday 17 August 2.00pm-4.00pm, Blacktown City Council

·    Monday 16 November 2.00pm-4.00pm Penrith City Council

 

Summary

The Community Relations Commission of NSW has established Regional Advisory Councils comprising Government and community representatives to discuss issues affecting culturally diverse communities in NSW. The CRC has requested that Council nominate a Councillor representative to the Nepean Blacktown Regional Advisory Council to replace former Councillor Pat Sheehy AM. The term of the nomination will expire in June 2010

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Request for a Councillor nomination for the Community Relations Commission of NSW Nepean Blacktown Regional Advisory Council be received.

2.     Council nominate a Councillor representative to the Nepean Blacktown Regional Advisory Council for a term expiring in June 2010.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City In Its Environment

 

Item                                                                                                                                       Page

 

6        Floodplain Management Program 2008/2009 - Grant Offer

 

 



Ordinary Meeting

2 February 2009

The City in its Environment

 

 

The City in its Environment

 

 

6

Floodplain Management Program 2008/2009 - Grant Offer   

 

Compiled by:                Ratnam Thilliyar, Stormwater Engineering Supervisor

Authorised by:             David Yee, Acting Design and Technical Advice Manager   

Strategic Program Term Achievement: A floodplain management policy to protect the built environment is being implemented by Council consistent with Government guidelines.

Critical Action: Council’s Floodplain Management Policy is contemporary and is being implemented.

     

Purpose:

To advise Council of the acceptance of a grant offer under the Floodplain Management Program 2008/2009 from the New South Wales Government Financial Assistance Program for the Penrith Overland Flow Flood Study. The report recommends that the information be received.

 

Background

The NSW Government’s Flood Policy is directed at providing solutions to existing flooding problems in developed areas, and ensuring that new developments are compatible with the flood hazard and do not create additional flooding problems in other areas.  Under the Policy, the management of flood prone land remains the responsibility of local government.  To facilitate this, the NSW Government has published the NSW Floodplain Development Manual, to provide guidance to councils in the implementation of the Policy, and provides funding in support of floodplain management programs.

 

Council is currently undertaking major flood studies under the “Penrith Overland Flow Flood Study”.  The studies include:

 

·      Nepean River RMA2 Modelling

·      Review of South Creek Flood Study  

·      Detailed Overland Flow Flood Studies for Penrith and St Marys.

 

These studies, together with the aerial photographs and contour information for the whole LGA, have been funded through an initial grant offer under the Flood Management Program that commenced in 2002.  The current funding offer has been accepted as this is a continuation of the Flood Management Program.

 

Under this program, these studies, and any subsequent studies for the Overland Flow sub catchments, are classed as “continuing projects”, giving them funding priority. Funding was being made available on a 2:1 (State : Council) basis.  The Department of Environment and Climate Change (DECC) has made payments based on actual expenditure for the studies, allocated in each financial year, though separate grant allocations. 


Current Situation

The Minister for Climate Change and the Environment, the Hon Carmel Tebbutt MP, has offered Council funding for the Floodplain Management Program 2008-2009.  This is to cover the costs of the current round of studies under this year’s program.  The amount of the grant offer is $90,000 with a funding ratio of 2:1 (State: Council).  A funding allocation of $45,000 is required to match Council’s contribution to this grant offer. 

 

Group Manager Finance comment

The $45,000 matching Council contribution is available within the current budget.

 

 

 

RECOMMENDATION

That the information contained in the report on Floodplain Management Program 2008/2009 - Grant Offer be received

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

The City as an Economy

 

 

There were no reports under this Master Program when the Business Paper was compiled


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City Supported by Infrastructure

 

Item                                                                                                                                       Page

 

7        Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW

 

 



Ordinary Meeting

2 February 2009

The City Supported by Infrastructure

 

 

The City Supported by Infrastructure

 

 

7

Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Authorised by:             Gowry Gowrythasan, Civil Operations Engineer   

Strategic Program Term Achievement: An asset management strategy is in operation for civil infrastructure that optimises its use and maintains it to agreed standards fit for its contemporary purpose.

Critical Action: An Asset Management Strategy for civil assets is developed, maintained and implemented.

     

Purpose:

To advise on the outcome of Tender 07-08/09 for the Construction of a new Skate Park Facility located at the corner of Hosking Street and Borrowdale Way Cranebrook NSW.  The report recommends that Council award a contract to Convic Skate Parks Pty Ltd

 

Background

Tenders for the Construction of a new Skate Park facility at Cranebrook were advertised

in the Sydney Morning Herald, Penrith Press and placed on the e tendering web site through WSROC on 16th December 2008 and closed on 20th January 2009.

 

Tender Documents

The scope of the works, design and specification incorporated into this tender was prepared by Convic Design Pty Ltd. The design layout of the proposed skate park is illustrated below.

 

 

It was proposed in the tender that Council will select a preferred company to complete the entire project; the selection of the preferred company will be based on the Evaluation Criteria.

 

Tenderers were required to submit their tender on a standard pro-forma sheet, which clearly identified the required response against each of the evaluation criteria. Tenderers were also required to complete a project price schedule setting out a cost for each component of the construction.

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Mal Ackerman, (Supply Co-ordinator) and Nada Karunakaran (Project Engineer- City Works).

 

Tender Evaluation Criteria

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

 

Mandatory Criteria

·    Conforming Requirements

·    Conflict of Interest

·    Insurance

·    Instrument of Agreement

·    Company Profile

·    Statement of Conformance

 

Scope of Requirements

·    Demonstrated ability in construction of similar projects

·    Relevant experience

·    Project Completion times

·    Site Security

 

Cost/Price

·    Project Cost –The Lump Sum Tender Price

·    Other Cost impacts

 

Business Capability

·    Financial viability

·    Business record

·    Employees and wages

·    Safety record

 

Management and Administration

·    Occupational Health & Safety and Public Liability Management

·    Company resources and personnel

·    Quality Assurance System

·    Environmental Management System

 

Summary of tenders received

A total of 10 submissions were received in response to the advertised tender.

 

Convic Skate Parks Pty Ltd

Zalem Pty Ltd

Bermagui Constructions P/L

Eco Civil Constructions Pty Ltd

FAL Developments Pty Ltd

Nepean Concrete Industries Pty Ltd

Concrete Skate Park Pty Ltd

Crossgrove Construction Pty Ltd

Trevelle Developments Pty Ltd

On Construction Pty Ltd

 

Evaluation of Offers

Prices

Prices were requested for each of the areas specified in the tender documents. Tenderers were requested to provide a lump sum cost along with a schedule of unit rates for individual components of the Construction.

 

In the table below each of the tendered prices have been summarised from lowest to highest-all prices exclude GST.

 

Tenderer

Total Lump Sum Tendered Price $

Convic Skate Parks Pty Ltd

$302,000

Bermagui Constructions P/L

$338,341

FAL Developments Pty Ltd

$341,635

Concrete Skate Park Pty Ltd

$393,075

Trevelle Developments Pty Ltd

$435,172

Zalem Pty Ltd

$443,355

Eco Civil Constructions Pty Ltd

$489,001

Nepean Concrete Industries Pty Ltd

$551,700

Crossgrove Construction Pty Ltd

$590,257

On Construction Pty Ltd

$628,685

 

Comments on Price submissions

 

After an initial review of the tendered prices it was determined by the Evaluation Committee that there was no advantage to Council in further considering the higher priced tenders submitted by the following tenderers, and were therefore not included in the final evaluation.

 

·    Eco Civil Constructions Pty Ltd

·    Nepean Concrete Industries Pty Ltd

·    Crossgrove Construction Pty Ltd

·    On Construction Pty Ltd

 

Compliance

 

All remaining tenderers were fully assessed against the evaluation criteria based on their written submissions.

 

Convic Skate Parks Pty Ltd

 

Convic Skate Parks Pty Ltd fully complied with the evaluation criteria and demonstrated extensive experience (over 10 years) in the construction of Skate Parks throughout NSW, Victoria and Queensland. They have constructed over 300 Skate Park facilities during this period; they are currently in the process of completing a new skate park in Winmalee for Blue Mountains City Council.

 

Convic Skate Parks Pty Ltd disclosed a conflict of interest in regard to the Director of the Company also holding the position of Director of Convic Design Pty Ltd.  Council has reviewed the conflict and determined that Convic Skate Parks Pty Ltd has gained no unfair advantage over any of the other tenderers, as all tenderers were provided with the same information.

 

Convic Skate Parks Pty Ltd represents the best value for money to Council for this project and is recommended by the Evaluation Committee.

 

Bermagui Constructions Pty Ltd

 

Although this company has extensive general construction experience and are price competitive they have no demonstrated experience in the construction of Skate Park facilities and are not recommended.

 

FAL Developments Pty Ltd

 

Although this company also have extensive general construction experience and are cost competitive they have no demonstrated experience in the construction of skate parks and are not recommended.

 

Concrete Skate Parks Pty Ltd

 

Although experienced in Skate Park construction the tendered price offered was not competitive and is not recommended.

 

Trevelle Developments Pty Ltd

 

This company have limited experience in the construction of skate park facilities; also their offer was not competitive and therefore not recommended

 

Zalem Pty Ltd

 

Zalem Pty Ltd is based in Ingleburn NSW. Their tender fully complied with all of the evaluation criteria. They have completed 2 recent projects for Penrith City Council and have the proven capability to complete this project. However, on this occasion their tendered price was not competitive and are not recommended.

 

Referee Checks

Referee checks were carried out on the preferred Contractor. In all cases reports indicate a high level of performance, workmanship and customer satisfaction.

 

Summary

Convic Skate Parks Pty Ltd have submitted the lowest conforming tender and have proven capability in the construction of skate parks and are recommended by the Evaluation Committee as the preferred contractor for the construction of the Cranebrook Skate Park Facility.

 

Comment by Group Manager - Finance

Council’s 2008-09 Management Plan currently provides $353,000 in Section 94 funding from the Penrith City local Open Space plan for this project. To date $23,400 has been expended for the design work and detailed contract documentation thus there is $329,600 remaining. The tender price for the recommended tenderer of $302,000 can be accommodated within this allocation.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW be received.

2.     Council accept the tender from Convic Skate Parks Pty Ltd for the construction of Cranebrook Skate Park works for a lump sum cost of $302,000 (excluding GST).

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Leadership and Organisation

 

Item                                                                                                                                       Page

 

8        Pecuniary Interest Returns

 

9        2009 Local Government Remuneration Tribunal Review

 

10      Department of Local Government Councillor Information Seminars

 

11      Development Applications Determined during the Council's Christmas/New Year Recess

 

12      Standard & Poors

 

13      Urban Development Institute of Australia National Congress 2009

 

14      Summary of Investments & Banking for the period 1 December 2008 to 31 December 2008

 

 



Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

8

Pecuniary Interest Returns   

 

Compiled by:                Adam Beggs, Administration Officer - Policy and Council Support

Authorised by:             Glenn McCarthy, Executive Officer   

Strategic Program Term Achievement: The organisation is managing its statutory requirements and the needs of a participatory community in a transparent and balanced way.

Critical Action: Develop, review and monitor policies and procedures to enable the organisation to engage more effectively with the community while meeting its statutory and public interest obligations.

     

Purpose:

To advise Council that Pecuniary Interest Returns have been lodged in accordance with statutory requirements.  The report recommends that the information be received.

 

Background

Chapter 14 of the Local Government Act, 1993 (the Act) concerns “Honesty and Disclosure of Interests” and requires all elected members and designated persons to complete an initial Pecuniary Interest Return, and every year thereafter, an Annual return.

Designated persons include the General Manager, other senior staff and staff holding a position identified by the Council as a position of a designated person because it involves the exercise of certain functions such as regulatory or contractual functions.

First returns have to be completed within three months of becoming a Councillor or designated person. 

Current Situation

Section 450A of the Act deals with the registration and tabling of returns lodged by Councillors and designated persons.

A register of all returns lodged by Councillors and designated persons in accordance with the Act is currently kept by Council as required by this part of the Act.

A list of the pecuniary interest returns lodged by Councillors and designated persons must be tabled at a Council Meeting.

With regard to Section 450A(2)(a) the following first pecuniary interest returns have been lodged:

Name

Position

Due Date

Date Lodged

Cr Robert Ardill

Councillor

23 December 2008

23 December 2008

Cr Tanya Davies

Councillor

23 December 2008

9 December 2008

Cr Ben Goldfinch

Councillor

23 December 2008

19 December 2008

Cr Prudence Guillaume

Councillor

23 December 2008

15 December 2008

Cr Marko Malkoc

Councillor

23 December 2008

9 October 2008

Cr Kathryn Presdee

Councillor

23 December 2008

3 November 2008

 

The returns have been lodged prior to the due date for the receipt of the returns, and are kept in a register held by the Executive Officer. The documents are available for inspection in accordance with Chapter 4, Part 2 of the Local Government Act, 1993 and are tabled in accordance with the Act.

 

 

RECOMMENDATION

That the information contained in the report on Pecuniary Interest Returns be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

9

2009 Local Government Remuneration Tribunal Review   

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Stephen Britten, Group Manager - Legal & Governance   

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

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

     

Purpose:

To advise Council of the current review into the fees payable to Mayors and Councillors for the 2009 Determination, to take effect from 1 July 2009, and of the review of the categorisation of councils. The report recommends that Council make a submission to the Local Government & Shires Associations of NSW supporting the setting of Mayor and Councillor fees based on an appropriate percentage of MP's remuneration, supporting the current categorisation of councils and seeking re-categorisation of Penrith City Council from Category 1A to Category S2.

 

Background

Fees

The Local Government Remuneration Tribunal (the Tribunal) is required under section 241 of the Local Government Act, 1993 to make an annual determination of the minimum and maximum fees payable to mayors and councillors for each category of council. The determination must be made no later than 1 May in each year.

 

Categorisation

The Tribunal is also required, under section 239 of the Local Government Act, 1993 to determine the categories for councils and mayoral offices at least once every 3 years.

Current Review

Fees

The Tribunal has commenced its review for the 2009 determination and any increase in fees applied will take effect from 1 July 2009. The Tribunal will be undertaking a review of the minimum and maximum fee levels for each Category. As in previous years, the Tribunal will consider the main economic indicators and any submissions councils wish to make on the matter.

 

Categorisation

The Tribunal is also undertaking a review of the categories of councils and mayoral offices as part of its 2009 review, the last review having been undertaken in 2006.

 

The Tribunal has written to all councils seeking submissions for the review. It is now seeking comment on the changes that have occurred to councils since that review – in particular the impact such changes have had on the duties and responsibilities of elected representatives and any other matters considered relevant.

 

Submissions should address the following matters:

·      Should the existing categories be reduced/expanded and if so on what basis.

·      Whether the current categorisation is appropriate for Penrith City Council. If not, where does the Council consider that it should be categorised and on what basis it considers this re-categorisation should be granted.

·      Significant changes in the role and responsibilities of mayors and councillors since 2006.

·      Other matters Council wishes the Tribunal to consider as part of its review.

 

In any response to the Tribunal, any changes that have taken place since the last review in 2006 should be related to the categorisation criteria as provided in section 240 of the Local Government Act 1993. These criteria are as follows:

·      the size of areas

·      the physical terrain of areas

·      the population of areas and the distribution of the population

·      the nature and volume of business dealt with by each council

·      the nature and extent of the development of areas

·      the diversity of communities served

·      the regional, national and international significance of the council

·      such matters as the Remuneration Tribunal considers relevant to the provision of efficient and effective local government

·      such other matters as may be prescribed by the regulations

 

The Tribunal welcomes the opportunity to interview those Mayors and Councillors who wish to address the Tribunal with regard to categorisation matters.

 

Categorisation of Councils

Pursuant to section 239 of the Local Government Act 1993, the Tribunal has categorised NSW councils into the following categories:

 

Category S1 (1 Council)                    Sydney

 

Category S2 (3 Councils)                  Newcastle

                                                         Parramatta

                                                         Wollongong

 

Category S3 (9 County Councils)

 

Category S4 (5 County Councils)      Engaged in significant commercial activities

 

Category 1A (2 Councils)                  Blacktown, Penrith

 

Councils with the significant features of Category 1 but with some significant distinguishing feature from the Councils in Category 1. The basis upon which this was determined was based on the Tribunal’s view that Blacktown had achieved a population of more than 280,000 whilst the regional significance of Penrith was greater than those of other Category 1 Councils.

 

Category 1 (16 Councils)                   Urban Regional Councils

 

Large councils in the Sydney metropolitan area which have borne a significant brunt of the increasing urban population with the difficult task of absorbing the multicultural impact of the rapidly changing population mix.

 

Category 2 (21 Councils)                   Suburban Councils

 

Category 3 (32 Councils)                   Rural Regional Councils

 

Category 4 (77 Councils)                            Smaller Rural Councils less likely to have a regional focus

 

These categories were effective from 1 July 2008 (as determined with effect from 1 July 2006).

 

In previous years, the Council has argued that because of the regional status of Penrith City Council, that this should be recognised by an increase in the level of Council’s category to acknowledge the role that the Council plays in the Region. This was achieved when both Blacktown and Penrith City Councils were included in a new Category of 1A.

 

It is acknowledged that Newcastle, Parramatta and Wollongong City Councils are currently classified as Category S2 Councils. Given that Penrith has been performing an increased Regional role since 2006 and the fact that Penrith’s population, size of the local government area and equivalent full time staff equate to the Category S2 Councils, there could be an argument raised that Penrith should now be categorised also as a Category S2 Council.

 

It is noted that the fees payable to the three councils in Category S2 and the two councils (including Penrith) in Category 1A are identical in the Tribunal’s 2008 determination.

Penrith City Council’s Current Situation

The current Tribunal approved remuneration for 2008 for Categories S1 (Sydney City), S2 (Newcastle, Parramatta and Wollongong) and 1A (Blacktown and Penrith) are shown in the following table.

Current Fees for Mayors and Councillors for Category S1, S2 and 1A Councils

 

Councillor

2008 Annual Fee

Mayor

2008 Additional Fee*

 

Minimum

Maximum

Minimum

Maximum

S1

$ 20,620

$ 30,240

$ 126,160

$ 166,000

S2

$ 13,740

$ 22,680

$ 29,210

$ 66,100

Category 1A

$ 13,740

$ 22,680

$ 29,210

$ 66,100

* This fee must be paid in addition to the fee paid to the Mayor/Chairperson as a Councillor/Member (s.249(2)).

 

Penrith City Council adopted the maximum annual fee for both the Mayor and Councillors and its current fees paid to the Mayor and Councillors for the financial year ending 30 June 2009 are as follows:

 

1.   Mayor – $22,680 + $52,880 (which is 80% of max Mayoral allowance) = $75,560

2.   Councillors - $22,680

3.   Deputy Mayor - $22,680 + $13,220 (which is 20% of max Mayoral allowance) = $35,900

 

Proposed Submission to the Local Government Remuneration Tribunal

 

Fees

Penrith City Council has, in previous submissions, argued for a comparison between the role and remuneration of Councillors and Members of Parliament (MP’s), suggesting that the fees for Mayors and Councillors should be determined as a percentage of MP’s remuneration. The Report of the Tribunal for 2008 made reference to the nexus of the fees of Councillors to the salary of a Member of Parliament (MP). At that time, the Tribunal did not support the need to link the fees to the salary of a MP.

 

Penrith City Council, in last year’s submission, agreed with the Local Government & Shires Associations of NSW (LGSA) that there have been recent developments taking place in the areas of governance, financial, environmental and social policy which have resulted in an expanding role and responsibilities of Councillors.

 

A view was also put in the last submission that the expanded role and responsibilities of councillors warrants adequate remuneration based on an appropriate percentage of MP’s remuneration.

 

It is proposed that Council continue to support this approach to the setting of Mayor and Councillor fees.

 

Categorisation

It is considered that Penrith City Council could now move to a Category S2 classification in view of Council’s identified regional planning and service delivery role and the need to put in place policies and programs that transcend traditional local government boundaries.

 

As stated previously, Council’s regional role has been officially recognised by the State Government as a Regional City under its 'City of Cities' plan. This announcement, made with the release of the Metropolitan Strategy for Sydney (Metro Strategy) on 5 December 2005, is evidence of Penrith's role in shaping the future of Sydney in the global economy.

 

It is proposed that Council make a submission to the Tribunal for re-categorisation to S2 on the basis of a response to the categorisation criteria contained in section 240 of the Local Government Act 1993. It is proposed that a copy of the submission will be provided to Councillors when finalised.

 

 

 

LGSA Submission

 

Council is not yet aware of the Local Government & Shires Associations of NSW’s submission for 2009, as its submission must be received by 13 February 2009, along with the submissions of councils.

Comment by Group Manager - Finance

Council’s current practice is to remunerate the Mayor and Councillors at the maximum fee level as determined by the Tribunal.  While the above proposed fee allocation differs from the proposed allocation by the LGSA, which does not recognise the role of the Deputy Mayor, the overall costs of the two structures is the same. The draft 2009-10 budget currently includes an allowance for a 4% increase on 2008 annual fees payable to the Mayor and Councillors. Any move to aligning more closely Councillor remuneration with members of Parliament could have a significant impact.  If the annual determination of fees payable for 2009-10 is greater than this allowance, the impact would need to be incorporated into the draft 2009-10 budget preparation and assessed against other adopted policies and programs.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2009 Local Government Remuneration Tribunal Review be received.

2.     A submission be made to the Local Government Remuneration Tribunal supporting the setting of Mayor and Councillor fees based on an appropriate percentage of MP’s remuneration, supporting the current categorisation of councils and seeking re-categorisation of Penrith City Council from 1A to S2 on the basis of the categorisation criteria contained in section 240 of the Local Government Act 1993 .

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

10

Department of Local Government Councillor Information Seminars   

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Stephen Britten, Group Manager - Legal & Governance   

Strategic Program Term Achievement: The organisation is managing its statutory requirements and the needs of a participatory community in a transparent and balanced way.

Critical Action: Develop, review and monitor policies and procedures to enable the organisation to engage more effectively with the community while meeting its statutory and public interest obligations.

     

Purpose:

To report to Council on the attendance of Councillors at the NSW Department of Local Government Councillor Information Seminars.  The report recommends that the information be received.

 

Background

Following the recent local government elections, as part of the NSW Department of Local Government Councillor Development Strategy, the Department arranged a number of Councillor Information Seminars in order to assist councillors in their role.

 

A total of 42 Seminars were conducted by the Department in multiple locations across metropolitan and regional locations in NSW from October though to December 2008.

 

The Seminars provided an opportunity for newly elected councillors to hear key information from the Department on roles, responsibilities and relationships; the code of conduct and ethical decision making; and meetings practice.

 

Penrith City Council hosted one of these Seminars on Thursday 27 November 2008.

 

Attendance at Seminar

The Department advised all councils in the Circular 08-55, dated 9 September 2008, that all councillors, both new and experienced, were expected to attend a Seminar. Councillors were offered a choice as to which Seminar they could attend.

 

Each council was required by the Department to register the proposed attendance of each of

their councillors at a specific Councillor Information Seminar. All Penrith Councillors were registered for the Penrith Seminar held on 27 November 2008.

 

General Managers have been requested by the Department of Local Government to report to the first council meeting in 2009 on which Seminar each of their councillors attended and on any feedback from councillors about the Seminar.

 

The following Councillors attended the Seminar held in Penrith on 27 November 2008:

 

Cr Kaylene Allison

Cr Robert Ardill

Cr Kevin Crameri OAM

Cr Tanya Davies

Cr Ben Goldfinch

Cr Jackie Greenow

Cr Prue Guillaume

Cr Marko Malkoc

Cr Karen McKeown

Cr Kath Presdee

Cr John Thain

 

The Mayor, Councillor Jim Aitken OAM and the Deputy Mayor, Councillor Ross Fowler OAM were unable to attend the Penrith Seminar as they were required to attend the first WSROC Board meeting after the September Council elections, which was held at the same time as the Seminar. Councillor Greg Davies was unable to attend as he had to attend a meeting of the Nepean College Board, which was scheduled for the same evening. Councillor Mark Davies was unable to attend as he had to attend an important and unavoidable family commitment. 

 

It needs to be recognised that all Penrith Councillors attended an extensive series of in-house ‘Councillor Orientation Sessions’ in October 2008 covering topics such as housekeeping, council meetings, strategic planning, Director responsibilities, Code of Conduct, pecuniary interest, financial position, major policies and projects, governance, legislative overview and the management plan process.

 

Councillors who attended the Department of Local Government Seminar have been provided with a feedback form requesting comments on the Department’s presentation and a co-ordinated response will be sent back to the Department.

 

 

RECOMMENDATION

That the information contained in the report on Department of Local Government Councillor Information Seminars be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

11

Development Applications Determined during the Council's Christmas/New Year Recess    

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Stephen Britten, Group Manager - Legal & Governance   

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

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

     

Purpose:

To report to Council on the development applications determined under delegated authority by the Mayor and General Manager, in accordance with Council's policy, during the 2008/2009 Christmas/New Year recess. The report recommends that the information be received.

 

Background

During Council’s recess, the General Manager, in consultation with the Mayor, has extensive delegations to deal with issues that come before Council during the break, other than policy matters and those matters that cannot be delegated under the Local Government Act. The role of the Mayor is, among other things, to exercise in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.

 

Council adopted a policy on the decision making arrangements in relation to development applications during Council’s Christmas recess on 6 December 2004. A copy of the policy is appended to this report for Councillors’ reference.

 

Development Applications Requiring Determination

 

At the Ordinary Meeting of Council held on 15 December 2008, Council considered a report on ‘Decision Making Arrangements During the Council Recess’ (i.e. between 15 December 2008 and 2 February 2009) in which it was reported that the following development applications may need determinations to be made over this period:

 

1.    DA07/0494 – ADI Site (Penrith) 1070-1274 The Northern Road, Llandilo – Modify Fill Details

Applicant: Lend Lease Development Pty Ltd

Owner: St Marys Land Limited

 

2.    DA08/0886 – 132-140 Bringelly Road, Orchard Hills – Expansions of Existing Educational Establishment

Applicant: Inham Planning

Owner: Pared Limited

 

3.    DA08/1082 – 601 High Street, Penrith - Civic Space – Operation of a Farmer’s Market  Applicant: Cityscape Planning & Projects

Owner: Penrith City Council

 

Council’s adopted policy excludes the General Manager from having delegation to determine development applications where the proposed development is on land owned by Council.

 

Current Status of Development Applications

 

1.    DA07/0494 – ADI Site (Penrith) 1070-1274 The Northern Road, Llandilo – Modify Fill Details

No determination was able to be made, as Council resolved on 15 December 2008 that this application be reported to Council for determination.

 

2.    DA08/0886 – 132-140 Bringelly Road, Orchard Hills – Expansions of Existing Educational Establishment

No determination yet made and application will now be referred to Council.

 

3.    DA08/1082 – 601 High Street, Penrith - Civic Space – Operation of a Farmer’s Market 

Consent issued under delegation.

 

Under Council’s policy, the authority given to the General Manager in consultation with the Mayor, to determine development applications during the Christmas recess excludes development applications where the proposed development is on land owned by Council.

 

However, this policy was varied at the Council Meeting on 15 December 2008 in this particular instance giving authority to determine this application, otherwise in accordance with this policy. This decision was made having regard to:

·    the minor nature of the proposal;

·    the community benefit of securing the Farmer’s Market and the importance of it being operational early in the new year;

·    that, although the proposed Farmer’s Market will be on Council-owned land, there would be no commercial benefit to Council;

·    that the application would not otherwise be determined until February at the earliest.

 

Development consent was granted on 7 January 2009. For Councillors’ information, the development assessment report and conditions of approval are appended to this report.

 

No other development applications were determined during the 2008/2009 Christmas/New Year recess that would have required reporting to Council in accordance with Council’s policy.

 

 

RECOMMENDATION

That the information contained in the report on Development Applications Determined during the Council's Christmas/New Year Recess be received.

 

 

ATTACHMENTS/APPENDICES

1.  

Policy Document - Decision-Making Arrangements During Council's Christmas Recess

2 Pages

Attachment

2.  

DA08/1082 Report

15 Pages

Attachment

3.  

DA08/1082 Conditions

7 Pages

Attachment

  


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

12

Standard & Poors   

 

Compiled by:                Andrew Moore, Financial Accountant

Authorised by:             Vicki O’Kelly, Group Manager- Finance   

Strategic Program Term Achievement: Council provides adequate resources to deliver its program and has introduced measures to increase its capacity.

Critical Action: Maximise funding opportunities to deliver Council’s program.

     

Purpose:

To provide Council with information on Council's Standard & Poor's rating and the current and potential uses of the rating. The report recommends that the information be received.

 

Background

A credit rating from Standard & Poor’s provides an internationally recognised benchmark.  Standard & Poors are the world’s leading provider of credit rating services with an extensive international network.  The credit rating is Standard & Poor’s opinion of the general credit worthiness of an entity.  In determining the rating Standard & Poors examine a range of economic, system and administrative factors, budgetary performance and flexibility and the entity’s financial position.

 

Penrith City Council first received a Standard & Poor’s Credit Rating in 2004.  This rating was AA/Stable/A-1+ (Long term/Rating outlook/Short term).  This rating has been reviewed annually by Standard & Poor’s with the rating outlook being upgraded to positive in 2005.  Following two years of positive outlook Penrith City Council’s credit rating was upgraded to AA+/Stable/A-1+ in 2007.  This rating was reaffirmed by Standard and Poor’s in 2008.

 

The credit rating process, the key areas examined by Standard and Poor’s and the potential uses of the rating were discussed with Council’s Audit Committee at their meeting held 19 September 2007.

 

An allowance of $40,000 for the 2009 rating review is provided in the current budget and the review is timetabled for May 2009.

Current Situation

The global economy over the last eighteen months has witnessed extreme volatility in financial markets that has led to a number of corporate collapses, including a number of financial institutions including Bears Stearns and Lehman Brothers.  These events have led to substantial financial losses throughout the economy being materialised.  These losses, many of which have resulted from financial products that had been highly rated by the world credit agencies, have seen many commentators question the value of the rating that credit rating agencies like Standard and Poors had placed on these products. 

 

The NSW Local Government Sector has not been immune from these losses and Penrith City Council held two CDOs (Collateralised Debt Obligations), one that was rated as AAA and the other as A by Standard and Poor’s when they were acquired by Council.  Both these CDO have subsequently suffered several ratings downgrades and have both now defaulted.

 

As a result of initial losses back in August 2007 credit rating agencies, including Standard & Poor’s altered some of the methodology behind the rating model and this contributed in part to the early downgrades in the CDOs held by Council.  Rating of these products was a relatively recent process as these complex products were still relatively new.  The rating represented Standard & Poor’s opinion of the likelihood of default and was not a guarantee that the product would not default.  Standard and Poor’s have provided the following comment regarding rating structured finance products such as CDO’s.

 

Although the market valuation of many AAA structured securities has fallen heavily in recent months, very few have defaulted as of Nov ‘08. As of Nov ’08, of the almost 30,000 AAA ratings issued by S&P on structured securities since 1978, only around 0.3% have ever defaulted. That is broadly comparable with the historic default rate for AAA corporate bonds.

  

Standard & Poor’s has recognised that a number of the assumptions we used in our analysis of many US RMBS and CDO ratings have not worked. Standard & Poor’s has reflected on this, are committed to doing our part to enhance transparency and confidence in markets, and are making several changes in our business.

 

The apparent failure of these ratings to represent a realistic risk of default has led to questioning of the value of all credit ratings. 

 

Consideration of the value of the rating is continuously reviewed prior to the renewal of the rating each year.  It is also important that a distinction be made between the type of rating that organisations receive compared to the rating of financial products, which have been the source of most of the criticism.  Ratings like those received by Penrith City are an assessment of our ability to fund our expenditure as required and represents our credit worthiness.  In making this assessment consideration is given to a range of economic, system and administrative factors, budgetary performance and flexibility and the entity’s financial position.

 

There are a number of benefits and potential uses of the credit rating.   Discussions between  Standard and Poor’s and Council Officers provided the following list;

 

·    Annual management review reported to ratepayers – the credit rating provides an independent, external review of management, its strategies and performance. It also allows Council to benchmark ourselves against our peers.

 

·    Benchmarking - Standard & Poor’s currently rates a number of local government authorities both locally and internationally. The rating methodology applied is globally consistent ensuring that appropriate comparisons may be made between Penrith and other publicly rated local government entities.

 

·    Market Profile - as an internationally recognised measure of credit quality a Standard & Poor's credit rating can be used when marketing the region to attract new business ventures. This can provide comfort to new or existing investors in Penrith that Council has the ability to maintain local economic infrastructure and services at an appropriate level. 

 

·    Attracting project partners - a credit rating can promote an assurance of the long-term performance capabilities of Council should it seek partnerships in large-scale projects or developments through the City.

  

·    Flexibility of funding – Council’s Standard and Poor’s rating may provide for alternate funding arrangements to be investigated outside those traditionally available to Local Government.

Conclusion

Council has maintained a Standard & Poor’s credit rating since 2004 and has been rated as AA+/Stable/A-1+ since July 2007.  Recent economic events have seen a number of questions raised as to the value of ratings placed on financial products by credit rating agencies including Standard & Poor’s, however it is noted that these ratings are fundamentally different to those issued to organisations.  It is considered prudent to continually review if a Standard & Poor’s rating remains relevant to Penrith City Council and to assess if the benefits outweigh the annual cost of the rating.

 

 

 

 

RECOMMENDATION

That the information contained in the report on Standard & Poors be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

13

Urban Development Institute of Australia National Congress 2009   

 

Compiled by:                Brian Griffiths, Property Development Manager

Authorised by:             Vicki O’Kelly, Group Manager- Finance   

Strategic Program Term Achievement: Council provides adequate resources to deliver its program and has introduced measures to increase its capacity.

Critical Action: Implement a property development program that maximises the potential for sustainable additional revenue to support major projects and programs.

     

Purpose:

To advise Council of the Urban Development Institute of Australia National Congress at Brisbane to be held from 30 March - 2 April 2009.  The report recommends that the information be received and that Council nominate delegates to attend the Conference.

 

Background

Council, through the Property Development Department, is a member of the NSW Division of the Urban Development Institute of Australia.  The Institute has its National Congress in each Capital City around Australia, on a yearly basis.  The Congress provides hands-on experience, with technical tours over prominent development sites within each City, enabling attendees to become more attuned to the modern forms of development within our environment.

 

Penrith is regarded as a Regional Centre within the Sydney environment and Council as a leader in its City will continue to demonstrate its own commitment to improvement, accountability, transparency and sustainability.  By undertaking other community and environmental inspections of other Capital Cities through the National Congress it will ensure that Council achieves its objectives.

Current Situation

Brisbane is the host for the 37th National Congress following Melbourne’s successful Congress in 2008.  The theme is “Making A Difference”.  The program has been developed to recognise innovative and cultural aspects and time has come for the Australian development industry to regroup.  “In challenging economic times it is appropriate to work smarter.  But there are challenges, there are also great opportunities to be found – to truly make a difference”.

 

In March, the industry is invited to participate in a program covering the most topical issues in development.  They have lined up a strong group of guest speakers in the areas of development, politics, finance, economics and business as the Urban Development National Congress are inspired and better equipped to make a difference to the businesses in the property development environment.

 

A range of speakers will address “The Industry and the Economy – State and National Perspectives”, “Affordability Strategies & their Success in the UK”, “Future Vision for the National Housing Supply Research Council”, “Political, Economic and Structural Influences on Infrastructure”, “Implementation a Culture of Sustainability Throughout the Corporation”, “Future of the Geographically Constrained City in Australia’s Culture and Economic Development”, “Funding Growth and Development for Australia’s Future”,  “Australia’s Urban Environment” and “Enhancing Economic and Social Sustainability Through Effective Government, Community and Industry Synergy”.

 

There are four on-site field trips:

 

·    Tour A – “Inner City Study Tour” over the years, Brisbane’s inner suburbs have undergone a transformation of immense proportions.  This sleep city has well and truly woken up and is shining on the national stage as the “city to see”.  Emerging as a true metropolis and thriving urban centre for business, culture and leisure, inner Brisbane is bursting with potential for urban renewal projects utilising prime riverfront positions and inner city locations. 

 

·    Tour B – “New Western Frontiers” the Queensland Government’s South East Queensland Regional Plan has earmarked the western corridor as the next major growth area.  Set to benefit from substantial population growth and infrastructure, the region will become a major destination for new communities, workplaces and entertainment.  Pioneering the move to the west is the winner of the 2008 UDIA (Qld) President’s Award and Excellence in Environmentally Sustainable Design – Built Form – Orion Springfield Retail and Town Centre.   

 

·    Tour C – “Sustainable Solutions” the iconic Gold Coast continues to be a draw card for people seeking a relaxed coastal lifestyle with the excitement of a bustling city.  This unique mix has led the Gold Coast to the most rapidly growing development hub of South East Queensland.  The region holds the enviable position of 70 kilometres of world famous coastline and 100,000 hectares of World Heritage rainforest lending it as a prime location to promote sustainable developments. 

 

·    Tour D – “Northern Lifestyles” the stretch of prime location leading from north Brisbane to the base of the Sunshine Coast has been the focus of some outstanding masterplanned developments and urban renewal projects providing growing communities with attractive housing and extensive facilities. 

  

The Urban Development Institute has a major role to play in developing the social and cultural fabric of a community, and that is why events such as the National Congress are extremely important in terms of discussing future directions.  The Congress is particularly relevant to the expansion of the Penrith and St Marys CBD areas.

 

Council usually sends delegates to the National Congress of the Urban Development Institute of Australia, and it would be appropriate for delegates to be nominated at this meeting.

 

 

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Urban Development Institute of Australia National Congress 2009 be received.

2.     Council nominate delegates to attend the National Congress of the Urban Development Institute of Australia in Brisbane, from 30 March – 2 April 2009 and grant leave of absence as appropriate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

2 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

14

Summary of Investments & Banking for the period 1 December 2008 to 31 December 2008   

 

Compiled by:                Pauline Johnston, Expenditure Accountant

Authorised by:             Vicki O’Kelly, Group Manager- Finance   

Strategic Program Term Achievement: Council provides adequate resources to deliver its program and has introduced measures to increase its capacity.

Critical Action: Maximise funding opportunities to deliver Council’s program.

     

Purpose:

To provide a summary of investments for the period 1 December 2008 to 31 December 2008, a Reconciliation of Invested Funds at 31 December 2008 and Agency Collection Fees as at 31 December 2008. The report recommends that the information be received.

 

Current Position

CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER

I hereby certify the following:

 

1.   All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.

2.   Council’s Cash Book and Bank Statements have been reconciled as at 31 December 2008.

Vicki O’Kelly

Responsible Accounting Officer

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 December 2008 to 31 December 2008.

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

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

4.     The Agency Collection Fees be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

2. View

Agency Collection Fees

1 Page

Appendix

  


Ordinary Meeting

2 February 2009

Appendix 1 - Summary of Investments

 

 

 




 


Ordinary Meeting

2 February 2009

Appendix 2 - Agency Collection Fees

 

 

 

 

 

 

The following is an update of the methods to make payments to Council through various agencies.

 

  



 

ATTACHMENTS   

 

 

Date of Meeting:          Monday 2 February 2009

Master Program:          Leadership and Organisation

Issue:                            Governance

Report Title:                Development Applications Determined during the Council's Christmas/New Year Recess

Attachments:                Policy Document - Decision-Making Arrangements During Council's Christmas Recess

                                      DA08/1082 Report

                                      DA08/1082 Conditions



Ordinary Meeting

2 February 2009

Attachment 1 - Policy Document - Decision-Making Arrangements During Council's Christmas Recess

 

 

 


 


Ordinary Meeting

2 February 2009

Attachment 2 - DA08/1082 Report

 

 

 

 

Application Number

DA08/1082

Proposed Development

Proposed operation of a Farmers Market on land known as the ‘Civic Space’

Property Address

Nos.601-611 High Street, PENRITH.

Property Description

Lot 1033 DP 1102232 & Lot 1033 DP 849297

Date Received

22 October 2008 

Assessing Officer

Steven Chong

Class of Building