20 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 23 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 - 2 February 2009.

 

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

Muru Mittigar celebrates 10 years.

 

7.           NOTICES OF MOTION

 

8.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 2 February 2009.

Policy Review Committee Meeting - 16 February 2009.

 

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 23 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.”

 

 

 

 

 


For members of the public addressing the meeting

 
Council Chambers

Text Box: Lectern

Group Managers                           

                
          

 
Seating Arrangements

 

 

Text Box: Press

Director – Special Operations
David Burns

 

Director
Barry Husking

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Jim Aitken OAM
South  Ward

 

Public Officer
Glenn McCarthy

Minute Clerk

 

Director
Craig Butler

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

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.

 

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 2 FEBRUARY 2009 AT 7:36PM

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 - 15 December 2008

1  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that the minutes of the Ordinary Meeting of 15 December 2008 be confirmed.

 

DECLARATIONS OF INTEREST

There were no declarations of interest.

MAYORAL MINUTES

1        2009 Australia Day Celebrations

2  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor John Thain that the Mayoral Minute on 2009 Australia Day Celebrations be received.

 

2        Locals recognised in 2009 Australia Day Honours

3  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Locals recognised in 2009 Australia Day Honours be received.

 

3        Congratulations to Nepean Volunteer Services on turning 21

4  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ben Goldfinch that the Mayoral Minute on Congratulations to Nepean Volunteer Services on turning 21 be received.

 

4        Council recognised for achievement in sustainability by the international Council           for Local Environmental Initiative (ICLEI)

5  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies that the Mayoral Minute on Council recognised for achievement in sustainability by the International Council for Local Environmental Initiatives (ICLEI) be received.

 

5        Londonderry Bushfires

 6  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Londonderry Bushfires be received.

 

MASTER PROGRAM REPORTS

 

The City in its Broader Context

 

1        Great River Walk - Stage 6 Grant Offer                                                                          

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

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.

 

 

 

 

 

 

 

 

The City as a Social Place

 

2        Youth Week 2009                                                                                                               

8  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Guillaume

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

 

 

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

9  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Prue Guillaume

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.

 

 

3        Mobile Playvan                                                                                                                   

10  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Ross Fowler OAM

          That:

1.            The information contained in the report on the Mobile Playvan be received.

2.            The staff involved with the operation of the Mobile Playvan be congratulated on the success of the service.

 

 

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

11  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

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 Councillor Karen McKeown to be Council’s representative to the Nepean Blacktown Regional Advisory Council for a term expiring in June 2010.

 

 

The City In Its Environment

 

6        Floodplain Management Program 2008/2009 - Grant Offer                                            

12  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the information contained in the report on Floodplain Management Program 2008/2009 - Grant Offer be received.

 

 

The City Supported by Infrastructure

 

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

13  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that this item be deferred for consideration after Committee of the Whole.

 

Leadership and Organisation

 

8        Pecuniary Interest Returns                                                                                                

14  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the information contained in the report on Pecuniary Interest Returns be received.

 

 

9        2009 Local Government Remuneration Tribunal Review                                                

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

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 .

 

 

 

 

 

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

16  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the information contained in the report on Development Applications Determined during the Council's Christmas/New Year Recess be received.

 

 

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

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

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.

 

10      Department of Local Government Councillor Information Seminars                              

18  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Robert Ardill

That:

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

2.             A letter be sent to the Member for Penrith asking whether State Members of Parliament have been provided with similar training.

 

 

12      Standard & Poor’s                                                                                                              

19  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Ross Fowler OAM

          That:

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

2.            A memo reply be provided to all Councillors detailing how the Standard and Poors rating system has contributed to Council’s competitive advantage and/or assisted in gaining significant commercial partnerships.

 

 

 

13      Urban Development Institute of Australia National Congress 2009                               

20  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM

That:

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

2.     Councillor Jim Aitken OAM and any other available Councillors 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.

 

QUESTIONS WITHOUT NOTICE

 

QWN 1      Impact of current global economic crisis upon Council's budgets.                         

Councillor Tanya Davies requested a report to Council detailing the impact of the current global economic crisis upon Council’s budgets and the likely implications over the next 5 years, detailing Council’s proposed responses to the issues.

 

QWN 2      Legal Matter - 8 Donohoes Road, Mulgoa - to be considered in Committee of the Whole       

Councillor Ross Fowler OAM requested a matter be referred for consideration in Committee of the Whole as the matter refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

QWN 3      Hawkesbury River County Council - Weed Harvester                                          

Councillor Ross Fowler OAM requested a report to Council concerning the immediate use and availability of the Weed Harvester to help in preparing the river for upcoming rowing events.

 

QWN 4      Singing of the second verse of the National Anthem at Ordinary Meetings.        

Councillor Jackie Greenow  requested that Council investigate the possibility of singing the second verse of the Australian National Anthem at Ordinary Meetings, with printed copies of the words being provided for all verses

 

QWN 5      Pedestrian Crossing - Corner of Desborough Road and Monfarville Street, St Marys.

Councillor Jackie Greenow requested that resident Jodie Gilbert be contacted in relation to the pedestrian crossing on the corner of Desborough Road and Monfarville Street, St Marys which is causing problems due to its low site.

 

 

 

QWN 6      Signage Installation - Spinks Road, Llandilo.                                                         

Councillor Kevin Crameri OAM requested a report to Council investigating the possibility of installing speed and animal warning signage at Spinks Road, Llandilo.

 

QWN 7      Request extension to Councillor project nominations.                                            

Councillor John Thain  requested a 14 day extension to Councillor project nominations.

 

QWN 8      Nepean Hockey Field                                                                                               

Councillor Greg Davies requested a meeting be organised for as soon as possible between Hockey Representatives, Council Finance and Recreation Officers and the responsible Director to discuss available options for playing fields.

 

QWN 9      St Marys Scouts, Charles Hackett Drive - Fencing and Signage                          

Councillor Greg Davies requested Council officers liaise with representatives from St Marys Scouts and obtain quotes for the requested works with a report to Council.

 

QWN 10    Erskine Park Business Park – Noise complaints                                                    

Councillor Greg Davies  requested a meeting with residents be arranged regarding noise generated by the Erskine Park Business Park, with a report to Council concerning the outstanding development conditions and compliance with these.

 

QWN 11    Anglican Retirement Village                                                                                    

Councillor Greg Davies requested a meeting be organised with the residents regarding the amended applications.

 

QWN 12    Commercial Matter - Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW  -  to be considered in Committee of the Whole                                          

Councillor Greg Davies requested a matter be referred for consideration in Committee of the Whole as the item refers to commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it and discussion of the matter in open meeting would be, on balance, contrary to public interest.

 

Committee of the Whole

 

21  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:49pm.

 

 

 

 

 

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Jackie Greenow seconded Councillor Karen McKeown that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

Leadership and Organisation

 

2        Legal Matter - 8 Donohoes Road, Mulgoa                                                                      

 

This item has been referred to Committee of the Whole as the matter refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

The City Supported By Infrastructure

 

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

         

          This item has been referred to Committee of the Whole as the report refers to

          Commercial information of a confidential nature that would, if disclosed prejudice the

          Commercial position of the person who supplied it and discussion of the matter in open

          Meeting would be, on balance, contrary to the public interest.

 

The meeting resumed at 9:08pm and the General Manager reported that the Committee of the Whole met at 8:49pm on 2 February 2009, the following being 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.

 

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

 

CONFIDENTIAL BUSINESS

 

2        Legal Matter - 8 Donohoes Road, Mulgoa (Question without Notice Item 2)               

RECOMMENDED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Tanya Davies

CW2 That the verbal information provided by Council officers be received.

 

 

 

3        Commercial Matter - Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW (Question without Notice Item 12)                                                      

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM

CW3 That a further report on the matters raised be presented to a Policy Review Committee meeting.

 

ADOPTION OF Committee of the Whole

 

22  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that the recommendation contained in the Committee of the Whole and shown as CW2 and CW3 be adopted.

 

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

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

23  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM that this item be deferred for consideration at the next Ordinary Council meeting.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:13pm.

 



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        Muru Mittigar celebrates 10 years

 

 



Ordinary Meeting

23 February 2009

The City in its Broader Context

 

Mayoral Minute

Muru Mittigar celebrates 10 years

Strategic Program Term Achievement: A decision has been secured from relevant groups to develop a nominated institution or event that has the status to cause Penrith Valley to be widely recognised locally, throughout the State, nationally and throughout the world.

         

 

I am pleased to advise that on Wednesday 25 February I will be hosting a Civic Reception to celebrate the 10th Anniversary of Muru Mittigar Aboriginal Cultural and Education Centre.

 

Muru Mittigar - meaning “pathway to friends” - is a not-for-profit corporation established in 1998 by the Penrith Lakes Development Corporation. This unique and innovative cultural facility offers visitors a range of experiences including art and artefacts, bush tucker, a native plant nursery, and cultural demonstrations. Muru Mittigar gives people from all around the world a rare opportunity to appreciate and learn about the rich cultural heritage of Aboriginal people, and the strong relationship they have with the land and waters.

 

Everyone involved in Muru Mittigar over the last decade – including the 30 current staff - should be very proud of their contribution to its success. This unique organisation is one of Penrith’s most popular and acclaimed attractions. The quality of its tourism product, its strong corporate governance, and its active commitment to the local environment and community were recognised when it took out the prestigious Qantas Australian Tourism Award for Indigenous Tourism in both 2006 and 2007.

 

Congratulations to Muru Mittigar on this special milestone.

 

 

Jim Aitken OAM

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on Muru Mittigar celebrates 10 years be received.

 

 

  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Reports of Committees

 

Item                                                                                                                                       Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 2 February 2009.

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 16 February 2009

 

 



Ordinary Meeting

23 February 2009

The City Supported by Infrastructure

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 2 February, 2009

 

 

 

PRESENT

Michael Alderton - Road Network Services Engineer (Chairperson), Constable Bill Pearson – Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority,  Daniel Davidson – Road Safety Co-ordinator, Layth Al Hassani – Industrial Work Placement, Ibrahim El-Jamal – Trainee Engineer, Tim Horan – Representative for the Member for Penrith

 

IN ATTENDANCE

Ron Watson – Westbus, Paul Maynard – Ranger

 

APOLOGIES

Councillor Greenow, Councillor Karen McKeown – Representative for the Member for Mulgoa, David Drozd – Senior Traffic Engineer, Sergeant Natasha Crawford – Penrith Police

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting – 1 December 2008

That the minutes of the Local Traffic Committee Meeting of 1 December 2008 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

MASTER PROGRAM REPORTS

 

The City Supported by Infrastructure

 

1        Caddens Road, Claremont Meadows - Provision of Linemarking & Signage at New Culvert Works                                                                                                                                  

RECOMMENDED

That:

1.     The information contained in the report on Caddens Road, Claremont Meadows - Provision of Linemarking & Signage at New Culvert Works be received.

2.     The plan for the provision of new signs and linemarking Drawing No 21-15365-C011 Rev O at Caddens Road, Claremont Meadows, across Caddens Creek, be endorsed for construction.

3.     Council’s City Works Department be advised of Council’s resolution.

 

 

 

2        Warbler Street, Erskine Park - Proposed Provision of Double-Barrier Linemarking    

RECOMMENDED

That:

1.     The information contained in the report on Warbler Street, Erskine Park - Proposed Provision of Double-Barrier Linemarking be received.

2.     Double-barrier linemarking be installed in Warbler Street, Erskine Park, starting at Swamphen Street and continuing north for a distance of 70m to the property boundary of house numbers 38 and 40 Warbler Street.

3.     Curve warning signs (W1-3A) be installed on both approaches to the bend outside 29 Warbler Street, Erskine Park.

4.     The resident be advised.

 

 

3        Head of the River - Saturday, 28 March 2009                                                                 

RECOMMENDED

That:

1.     The information contained in the report on Head of the River - Saturday, 28 March 2009 be received.

2.     The Transport Management Plan for the event be endorsed by the Local Traffic Committee.

3.     SIRC submit the Transport Management Plan for the event to the Roads and Traffic Authority for approval prior to the event.

4.     The applicant be advised.

 

 

4        Grays Lane, Cranebrook - Provision of Traffic Calming Devices                                   

RECOMMENDED

That:

1.     The information contained in the report on Grays Lane, Cranebrook - Provision of Traffic Calming Devices be received.

2.     Plan AG135 be endorsed for construction in the 2008/2009 Traffic Facilities Program.

3.     The resident be advised of Council’s resolution.

 

 

 

 

 

 

 

5        Victoria Street, Werrington - Fatal Crash at the Intersection of Gibson Avenue          

RECOMMENDED

That:

1.     The information contained in the report on Victoria Street, Werrington - Fatal Crash at the Intersection of Gibson Avenue be received.

2.     The RTA be advised that no direct relationship exists between the two fatal accidents in Victoria Street, Werrington in years 2006 and 2008.

3.     The intersection of Victoria Street and Gibson Avenue, Werrington be prioritised to determine suitability for the next State and Federal Government Black Spot funding submissions in the later part of this year.

4.     The RTA be advised of Council’s resolution.

 

 

6        Buyu Road, Glenmore Park - Request for Provision of Double-Barrier Lines              

RECOMMENDED

That:

1.   The information contained in the report on Buyu Road, Glenmore Park - Request for Provision of Double-Barrier Lines be received.

2.   Consultation be conducted with affected residents regarding the loss of parking in front of their residences due to the proposed installation of BB Lines. Any substantial objections be referred back to the Committee.

3.   The installation of BB Lines with RRPMs or Median Island at the intersections of Buyu Road and Muru Drive or Buyu Road and Wari Avenue not be implemented.

4.   Subject to no substantial objections Double-barrier linemarking be installed in Buyu, Glenmore Park, around the bends near house numbers 16 and 35 for a total distance of approximately 45m at each bend.

5.   Curve warning signs (W1-3A) be installed on both approaches to the bends.

6.   The resident be advised.

 

 

7        The Crescent at Evan Street, Penrith - Proposed Provision of 'Stop' Sign                     

RECOMMENDED

That:

1.     The information contained in the report on The Crescent at Evan Street, Penrith - Proposed Provision of 'Stop' Sign be received.

2.     A ‘Stop’ sign be installed on the westbound and eastbound approaches to The Crescent at the Evan Street intersection, Penrith.

3.     The intersection of The Crescent and Evan Street, Penrith be prioritised to determine suitability for the next State and Federal Government Black Spot funding submissions in the later part of this year.

 

 

8        Lindsay Crescent, South Penrith - Request for Provision of Linemarking                     

RECOMMENDED

That:

1.     The information contained in the report on Lindsay Crescent, South Penrith - Request for Provision of Linemarking be received.

2.     Consultation with property owners 13, 22 and 23 Lindsay Crescent be undertaken with any substantial objections referred back to the Local Traffic Committee.

3.     Subject to no substantial objections being received, double-barrier linemarking be installed on both approaches to the bend, starting 6m east of the driveway to property number 21 Lindsay Crescent, and continuing for a distance of 45m to a position 6m north of the driveway to property number 13, with a 6m break between the double-barrier lines provided for vehicles to access the cul-de-sac head.

4.     A parking lane treatment in the form of a dashed line be installed between properties 15 and 21 Lindsay Crescent.

5.     The resident be advised.

 

 

9        Stafford Street, Penrith - Provision of 1/2 Hour Timed Parking                                      

RECOMMENDED

That:

1.   The information contained in the report on Stafford Street, Penrith - Provision of 1/2 Hour Timed Parking be received.

2.   Approximately 70m of timed parking (1/2P) Monday to Saturday 2:00pm‑6:00 pm be provided on the northern side of the access road in front of the Stafford Street shops.

3.   The shop keeper who raised the concerns be advised of Council’s resolution.

 

 

GENERAL BUSINESS

 

GB 1            The Lakes Drive, Glenmore Park – Endorsement of Engineering Plan (Raised Council) 

 

Council’s Design Section has undertaken investigations into the feasibility of installing a pedestrian crossing and splitter islands at The Lakes Drive, Glenmore Park.  This report seeks to finalise the design plans and endorse the plans (Plan No. AT78) for construction.  The current proposal, with accompanying plan, shows a pedestrian crossing and splitter islands with associated signage and linemarking.  These proposals address road safety issues associated with school children crossing the road during peak traffic periods from the adjacent school, Caroline Chisholm College.

 

The justification for any type of marked foot crossing must meet a set of warrants as set out in the Roads and Traffic Authority’s (RTA) Guidelines for Traffic Facilities.

 

A normal warrant for a marked foot crossing requires that:

 

(a)     the product of the measured pedestrian flow per hour (P) and the measured vehicular flow per hour (V), PV, is equal to or greater than 60,000; and

(b)     the measured flows, P and V equal to or greater than 30 and 500 respectively; and

(c)     the measured flows apply for three periods of one hour in any day.

 

In cases where the crossing is to be used by school children, the aged or physically impaired, a reduced warrant applies.

 

The warrant to establish a crossing for school children requires that in two periods of one hour duration immediately before and after school hours P≥ 30 (the crossing being used predominantly by school children) and V ≥ 200.

 

The results of the pedestrian count are shown below in Table 1.

 

Table 1

Results of Pedestrian Count Conducted on The Lakes Drive
(west of intersection with Talara Avenue)

 

 

P1

P2

Total P

V1

V2

Total V

PV

Morning

33

11

44

435

256

691

30,404

Afternoon

5

73

78

272

369

641

49,998

 

The results show that the site does not meet the RTA’s normal warrant for a marked pedestrian crossing, but it does meet the reduced warrant for a crossing predominantly used by school children.

 

The plans for the proposed works on The Lakes Drive involve providing a marked pedestrian crossing immediately west of the intersection of The Lakes Drive with Talara Avenue. Concrete splitter islands are to be constructed to the east and west of the intersection and pedestrian crossing signs (R3-1) are to be provided on either side of the pedestrian crossing in the direction of approaching vehicles.  The construction of new pram ramps and fencing will provide access to the crossing and direct pedestrian movements to the crossing.  Advanced warning signs (W6-2) are to be provided approximately 80 metres to the east and west of the pedestrian crossing. Associated linemarking and relocation of restricted parking sings (R5-400) will accompany construction works as per Plan No. AT78.

 

RECOMMENDED

That:

1.     The design plans for the proposed pedestrian crossing in The Lakes Drive, Glenmore Park, including all associated linemarking and signage as per Plan No. AT78, be finalised and endorsed for construction.

2.     Funding be provided from 2008-2009 Major Traffic Facilities Program.

3.     Caroline Chisholm College be advised of Council's resolution.

GB 2          Ulysses AGM Proposed On-Street Motor Bike Parking (Raised Council)

Council’s Road Network Services Engineer tabled a Traffic Management Plan prepared by Road and Rail Data on behalf of Ulysses Club Inc.  The plan proposed alterations to parking in the Penrith CBD during the Ulysses 2009 AGM from Monday, 16 March 2009 to Sunday, 22 March 2009, to accommodate motor bike parking.  The proposals are:

 

1.   Closure of the westbound travel lane and parking lane in High Street between Woodriff Street and Station Street to allow motor bikes to park

2.   High Street, Penrith north side between Riley Street and Henry Street create Motor bike parking only for the duration of the event in the existing parking lane.

3.   Riley Street, Penrith east side between Jane Street and the Westfield’s overpass create Motor bike parking only for the duration of the event in the existing parking lane.

4.   Provide motor bike parking on footpaths and in carparks where cars can not fit.

 

LTC Comment

The Committee agreed that motor bike parking only can be accommodated in High Street and Riley Street as proposed in points 2 and 3.  However Penrith police were not in support of the closure of the westbound travel lane and parking lane in High Street between Woodriff Street and Station Street.  Council’s Road Network Services Engineer suggested that the applicant consider a modified proposal of providing motor bike parking between the two pedestrian crossing points in High Street and keep both travel lanes open.  In addition, the request to provide motor bike parking on footpaths and in carparks where cars cannot fit cannot be supported by the Committee as the proposal is in contradiction of the Australian Road Rules.

 

RECOMMENDED

That:

 

1.   The closure of the westbound travel lane and parking lane in High Street between Woodriff Street and Station Street not be supported.

2.   “Motor Bikes Only” signs be provided on High Street, Penrith north side between Riley Street and Henry Street from Monday 16th March 2009 to Sunday 22 March 2009. The existing signage be removed during the event and replaced after the event.

3.   “Motor Bikes Only” signs be provided on Riley Street, Penrith east side between Jane Street and Henry Street from Monday 16th March 2009 to Sunday 22 March 2009. The existing timed parking signage be removed during the event and replaced after the event. The existing “No Parking” zone remain in place.

4.   Motor bike parking on footpaths and in carparks where cars can not fit not be supported.

5.   The applicant be advised of Council’s resolution.

 

 

 

GB 3          O’Connell Street, Claremont Meadows – Speeding Vehicles (Raised Council)

Council’s Road Network Services Engineer raised an issue on behalf of David Bradbury MP requesting investigation into speeding vehicles on O’Connell Street, Claremont Meadows at the entry to the Claremont Meadows Estate.

 

RECOMMENDED

That the matter be investigated and reported to the Local Traffic Committee if required.

GB 4          Union Lane, Penrith – Provision of a Loading Zone behind Sams Warehouse (Raised Council)

Council’s Ranger raised the issue of delivery vehicles parking in Union Lane behind Sam’s Warehouse.  Council’s Ranger requested that a loading zone be provided to assist vehicles making deliveries to the shops.

 

RECOMMENDED

That a “Loading Zone” be installed in Union Lane, Penrith behind Sam’s Warehouse, with the exact length and location to be determined on site by Council’s Rangers and Traffic Section officers.

GB 5          Rugby Street, Werrington - Fatal Accident  (Raised St Marys Police)

The St Marys Police representative informed the Committee that a fatal accident occurred at the intersection of Rugby Street and Francis Street, Werrington on the Australia Day long weekend.  The incident involved a vehicle colliding with a tree.  St Marys Police are currently investigating the matter.

RECOMMENDED

That the matter be investigated and reported to the Local Traffic Committee if required.

There being no further business the Chairperson declared the meeting closed, the time being 10:35am.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 February, 2009 be adopted.

 

 

 


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 16 February, 2009

 

 

 

PRESENT

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

 

 LEAVE OF ABSENCE

Leave of Absence was requested on behalf of Councillor Kevin Crameri OAM and Councillor Marko Malkoc for the period 16 February 2009 to 20 February 2009 inclusive as they are representing Council as delegates to the Floodplain Management Authorities Annual Conference.

 

Leave of absence be granted to Councillor Kevin Crameri OAM and Councillor Marko Malkoc for the period 16 February 2009 to 20 February 2009 inclusive.

 

 

APOLOGIES

An apology be received for Councillor Ben Goldfinch.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 17 November 2008

The minutes of the Policy Review Committee Meeting of 17 November 2008 be confirmed.

 

DECLARATIONS OF INTEREST

 

His Worship the Mayor, Councillor Jim Aitken OAM and Councillor Ross Fowler OAM declared a Non-Pecuniary Conflict of Interest –Significant in Item 3 - Advertising Working Party as they are Directors of a Company that owns a newspaper publication circulating within the City. His Worship the Mayor, Councillor Jim Aitken OAM and Councillor Ross Fowler OAM stated that they would leave the meeting and take no part during discussion of the item.

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        2008-2009 Management Plan - December Quarter Review                                            

RECOMMENDED

That:

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

2.     The 2008-2009 Management Plan Review as at 31 December 2008, including the revised estimates identified in the recommended budget, be adopted.

3.     Abandonments for 2008-2009 of $230,000 be written off

4.     The recommended reallocations to projects and amendments to Key Performance Indicators, Strategic Tasks and Service Improvements detailed in the report be adopted.

5.     A further report be presented to a Policy Review Committee Meeting on investigations into alternative fuel uses.

 

 

The City in its Broader Context

 

2        Women's Services Sector Advocacy Strategy

Councillor Prue Guillaume left the meeting, the time being 8:03pm and did not return.

RECOMMENDED

1.      That the information contained in the report on Women's Services Sector Advocacy Strategy be received.

2.      Council endorse the Women’s Services Sector Action Plan for implementation over the period 2009 – 2012.

3.      A further report be prepared detailing the availability of support services to men, and outlining the deficiencies in the provision of these services.

 

Councillor Kath Presdee left the meeting, the time being 8:17pm and did not return.

 

The City as a Social Place

 

4        City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd - Annual Report and Board of Directors

Councillor Karen McKeown left the meeting, the time being 8:41pm.

Councillor Karen McKeown returned to the meeting, the time being 8:43pm.

RECOMMENDED

That:

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

2.     Council agree to underwrite the operations of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd until the presentation to Council of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd Annual Report for 2008/09.

3.     Council congratulate the Board of the City of Penrith Regional Indoor Aquatic and Recreation Centre on their success and achievements over the 12 months to the end of June 2008.

4.     Council congratulate the Management and Staff of Ripples for their success and contribution to the centre over the 12 months to the end of June 2008.

5.     Council congratulate Penrith City Council Staff for their contribution to the success and revitalisation of the centre.

 

 

Having previously declared a Non-Pecuniary Conflict of Interest –Significant in Item 3 - Advertising Working Party,  His Worship the Mayor, Councillor Jim Aitken OAM and Councillor Ross Fowler OAM left the meeting the time being, 9:00pm.

Councillor Greg Davies then took the chair for consideration of Item 3, the time being 9:00pm.

 

Leadership and Organisation

 

3        Advertising Working Party                                                                                                

The Committee noted the non-pecuniary conflict of interests declared at this meeting. It was observed that it would be inappropriate for any Councillor with such a conflict of interest to participate in meetings of the Advertising Working Party.

 

RECOMMENDED

That:

1.     The information contained in the report on Advertising Working Party be received

2.     Council reconvene the Advertising Working Party.

3.     All available Councillors be invited to meetings of the Advertising Working Party.

 

 

His Worship the Mayor, Councillor Jim Aitken OAM and Councillor Ross Fowler OAM returned to the meeting the time being, 9:02pm.

 

There being no further business the Chairperson declared the meeting closed the time being 9:03pm.  

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 16 February, 2009 be adopted.

 

 

  


 

Item                                                                                                                                       Page

 

 

The City as a Social Place

 

1        Community Assistance Program 2008-09 Rolling Component- Projects Approved Under Delegation July-December 2008

 

2        Variation to Restrictive Covenant applying to Lot 19 DP 20420 (No. 9) Hornseywood Avenue, South Penrith. Applicant: S & T Tuft;  Owner: S & T Tuft DA08/1011

 

URGENT

 

13      Development Application DA08/1223 - Proposed Erection of Seven (7) Campus Accommodation Buildings with an associated Common Room facility - Lot 2 DP 1130750 (No. 56) Second Avenue, Kingswood. Applicant: Hassell Ltd;  Owner: University of Western Sydney

 

14      The Australian Chapter of the Alliance for Healthy Cities - National Conference 25 - 27 March 2009 - Surfers Paradise

 

The City In Its Environment

 

3        Support for Earth Hour 2009

  

The City Supported by Infrastructure

 

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

 

Leadership and Organisation

 

5        Audit Committee

 

6        Constitutional Summit and the Regional Cooperation and Development Forum

 

7        Model Code of Conduct ~ Update on the requirement to appoint  a  Conduct Review Committee

 

8        Australian Local Government Women's Association 2009 NSW State Annual Conference and 2009 Biennial National Conference

 

9        Council Property - Electricity Easements over Three Public Reserves within Cranebrook

 

10      WSROC Group Tender Reference WR01-08/09 for the provision of Pavement Marking Services

 

11      WSROC Group Tender Reference WR03-08/09 for the Supply & Delivery of Road Traffic Signs and associated hardware.

 

12      Summary of Investments & Banking for the period 1 January 2009 to 31 January 2009.

 

 

 


 

 

The City in its Broader Context

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


The City as a Social Place

 

Item                                                                                                                                       Page

 

1        Community Assistance Program 2008-09 Rolling Component- Projects Approved Under Delegation July-December 2008

 

2        Variation to Restrictive Covenant applying to Lot 19 DP 20420 (No. 9) Hornseywood Avenue, South Penrith. Applicant: S & T Tuft;  Owner: S & T Tuft DA08/1011

 

URGENT

 

13      Development Application DA08/1223 - Proposed Erection of Seven (7) Campus Accommodation Buildings with an associated Common Room facility - Lot 2 DP 1130750 (No. 56) Second Avenue, Kingswood. Applicant: Hassell Ltd;  Owner: University of Western Sydney

 

14      The Australian Chapter of the Alliance for Healthy Cities - National Conference 25 - 27 March 2009 - Surfers Paradise

 

 



Ordinary Meeting

23 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

1

Community Assistance Program 2008-09 Rolling Component- Projects Approved Under Delegation July-December 2008   

 

Compiled by:                Sanja Blanusa, Community Development Officer - Generalist

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 advise Council of the 2008-09 Community Assistance Program Rolling Component projects approved under delegation during the period July to December 2008. The report recommends that the information be received.

 

Background

Through the Community Assistance Program, Council makes small grants to non-profit organisations and community-based groups to help meet local community needs.  The maximum grant is $1,200.

 

There are two components of the Community Assistance Program - the Planned Component and the Rolling Component. The Rolling Component allows for one-off requests to be brought before Council at any time during the year.  This provides a flexible supplement to the Planned Component of the program, which is undertaken each year around October.

 

At the Policy Review Committee meeting on 10 September 2007, Council adopted the 2007 Community Assistance Program (CAP) policy and included it in Council’s Policy Register. The policy identifies that ‘a report will be provided every six months informing Council of successful Rolling Component applications for the relevant period.

 

This report provides information on the 2008-09 CAP Rolling Component projects that have been approved under delegated authority to the General Manager during the six month period July to December 2008.

Projects Approved Under Delegation

The following table summarises details of the projects approved during the July to December 2008 period:

 


 

Project

Organisation

Amount

Social Justice Camp– to enable a group of 20 primary school children from Cranebrook to attend this 5 day camp at Lake Keepit.

SPYNS Inc.

$1,200.00

Young Women’s Dual Diagnosis Project- to organise community forum- “Supporting Young Women with a Dual Diagnosis ( Personal Stories and Practical Ideas for Improving Our Services)”  and Art Exhibition- “ Shout Out!”

The Richmond Fellowship of NSW

$550.00

Family Fun Day at Oxley Park Public School 

TRI Community Exchange Inc.

$400.00

Rededication of the Penrith War Memorial – contribution towards the community event and official opening of War Memorial after rededication.

City of Penrith Sub Branch RSL

$944.05

Contribution towards purchase of quilting material for the group of volunteer quilters. Quilts are donated to hospitals and local services.

Caring Hearts Community Quilters

$250.00

TOTAL

$3,344.05

 

The total amount approved for CAP Rolling Component projects during the first six months of the 2008-2009 financial year is $3,344.05.

 

The budget for the CAP Rolling Component allocations in 2008-2009 is $7,000.00.

 

There is currently $3,655.95 remaining in the budget which is available for Rolling Component projects in the January to June 2009 period.

 

 

RECOMMENDATION

That the information contained in the report on Community Assistance Program 2008-09 Rolling Component- Projects Approved Under Delegation July-December 2008 be received.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

23 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

2

Variation to Restrictive Covenant applying to Lot 19 DP 20420 (No. 9) Hornseywood Avenue, South Penrith  Applicant:  S & T Tuft;  Owner:  S & T Tuft    

DA08/1011

Compiled by:                Vanessa Muscat, Environmental Health and Building Surveyor

Authorised by:             Paul Lemm, Development Services Manager   

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

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

     

Purpose:

To seek endorsement from Council to vary a restrictive covenant associated with a residential property imposed on the original subdivision. The report recommends that the restriction be varied with the common seal of Penrith City Council being affixed to all the necessary documentation.

 

 

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

Background

A restrictive covenant, pursuant to Section 88B of the Conveyancing Act, was imposed on the subject property on 6 May 1947. The 88B restriction in the documentation DP 20420 item “c” states, “That no roof of any such building shall be of material other than tiles”. Penrith City Council was nominated as the consent authority with the power to release, vary or modify the restrictive covenant. In context the restriction “any such building” related to the main building or dwelling on the site.

 

An application by the current owners has been submitted, requesting that the restriction nominated be varied.

 

Site and Surrounds

 

The subject lot is located in an established residential area. Situated directly opposite the lot is a park which is bound by Hornseywood Avenue. The site has a slight fall from the street kerb to the rear boundary and contains an established two storey dwelling and a detached garage. (See Locality Plan in Appendix No. 1)

 

The Proposal

 

The proposal includes the following aspects:

·    Demolition of a small rear patio and awning to the rear of the dwelling

·    Construction of a new deck and metal awning to the rear of the dwelling.

 

Site and elevation plans of the proposed development are outlined in Appendix No. 2.

 

Consideration of Application to Vary Restrictive Covenant

 

The restriction as described above was imposed in 1947, and is considered unnecessarily limiting in context of the range of roofing materials available today. Other similar examples of this type of construction exist in the immediate vicinity.

 

The proposed structure is small in scale, would not be visible from the street, and would have negligible impact on surrounding properties.

 

The proposed deck and awning addition to the existing dwelling demonstrates consistency with surrounding development and do not contravene with Council’s planning documents.

 

Due to the minor nature of the proposed variation to the 88B restriction, it is considered that the variation to allow a colorbond roof to the awning would have minimal impacts visually, or on the amenity of the streetscape and locality.

 

It is proposed that the restriction be varied to state “That no roof of any such building shall be of material other than tiles or pre colour coated metal.”

 

 

Assessment of Development Application

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration, under Section 79C of the Environmental Planning and Assessment Act 1979 and, having regard to those matters the following issues have been identified for further consideration.

 

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

 

Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

 

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

 

The compliance of the proposal with the general planning consideration, specific planning policies, and recommended strategies specified in Section 4, 5, and 6 of Part 2 of SREP 20, has been assessed. It is considered that the development application for the construction of the deck and awning meets these requirements.

 

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

 

 

Penrith Local Environmental Plan 1998 Urban Land

 

Under the terms of the Penrith Local Environmental Plan 1998 Urban land, the subject lot is zoned 2(A) – “Residential Urban and Landscape Protection”. The proposed development is defined as a dwelling addition, which is permissible with the consent of Council.

 

The proposed development meets the objectives of residential character and residential amenity for the Penrith Local Environmental Plan 1998 Urban Land. The plans submitted demonstrate that the development is sympathetic to the existing site attributes of the zone of the land being 2(A) residential urban landscape protection, and will require minimal earthworks for the construction. The building design is in keeping with other developments within the locality. The proposed building design and materials are suitable and will blend in with the natural setting.

 

The design of the dwelling addition is sympathetic to the setting and in keeping with the existing residential development in the locality. The development is a minor addition to the rear of the existing dwelling and is an ancillary non habitable use. The density to the site will not be increased with the proposed development and therefore will not generate a requirement for the provision of any additional services or infrastructure.

 

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

 

The site is located in one of the established areas of Penrith in which the principal of design was to provide parklands to the centre of the city. The established area and subdivision is of significance as the residential development in Horsneywood Avenue has occurred around a central park located in the streetscape. As the proposal will not be seen from the street there will be no adverse impact.

 

The likely impacts of the proposed dwelling addition have been reduced because:

·    The development has been designed to be responsive to the site. Site disturbance is minimised. Cut and fill will not exceed 1m in depth;

·    The proposal to the rear of an existing two storey dwelling.

·    No vegetation removal is proposed;

·    The proposed additions are of a contemporary style, and are in keeping with the character of the locality.

·    The proposal will have minimal impact on the local road system.

·    The proposed development will have minimal impact on the amenity of the area and is in keeping with the surrounding and adjacent land uses.

 

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

 

The proposed development fits the locality and will compliment the established character of the area. The subject lot is positioned directly opposite a park and the development will have no impact on the streetscape as established. The proposal is to the rear of an existing two storey dwelling, and will not adversely impact on the solar access of any adjoining property.

 

The addition proposes a colorbond corrugated iron roof which is in keeping with contemporary building practice. The development of roofing materials has changed dramatically since the roofing restriction was placed in 1947. Other properties within Hornseywood Avenue have demonstrated the use of similar roofing materials. Council has granted similar variations to the restriction in the past.

 

Conclusion

 

An assessment of the application to vary the roofing material as restricted on the Section 88B has demonstrated that the proposal is unlikely to have any significant impacts on the achievement of outcomes intended by the planning and subdivision controls for the property.

 

The necessary documentation has been referred to the Council’s Legal Officer, Matthew Bullivant who has raised no objection to the form of agreement. The document requires the Common Seal of Penrith City Council be affixed so that it can be executed.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Variation to Restrictive Covenant applying to Lot 19 DP 20420 (No. 9) Hornseywood Avenue, South Penrith be received

2.     The application to vary item “c” of restrictive covenant to DP20420 be approved with item “c” being amended to read “ That no roof of any such building shall be of material other than tiles or pre colour coated metal”

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

4.     The development application DA 08/1011 for the deck and awning on Lot 19, DP 20420, 9 Hornseywood Avenue, Penrith be approved, subject to the following conditions:

          Standard Conditions

      A001 – Approved Plans

          A008 – Works to BCA requirements

          A009 – Residential Works DCP

          A019 – Occupation certificate

          A046 – Construction Certificate

          D001 – Erosion and sediment control measures

          D009 – Covering of waste storage areas

          D010 – Waste disposal

          E001 – BCA compliance

          H01F – Stamped plans and erection of site notice

          H013 – Further details of building components

          H030 – Roof finishes

          H041 – Hours of work

          K016 – Stormwater

          Q01F – Notice of commencement and appointment of PCA

          Q05F – Occupation certificate

Special Conditions

4.2     Prior to the issue of a Construction Certificate for the development, the variation of the registration on the use of the land referred to as (c); in the Section 88B instrument attached to the Deposited Plan 20420 shall be registered with the Department of Lands.

4.3     The variation of the covenant shall be in terms approved by Penrith City Council as follows; (c) That no roof of any such building shall be of materials other than tiles or pre colour coated metal.

 

ATTACHMENTS/APPENDICES

1. View

Locality Plan

1 Page

Appendix

2. View

Site Plan & Elevations

2 Pages

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Locality Plan

 

 

 

 


Ordinary Meeting

23 February 2009

Appendix 2 - Site Plan & Elevations

 

 

 


  


The City In Its Environment

 

Item                                                                                                                                       Page

 

3        Support for Earth Hour 2009

 

 



Ordinary Meeting

23 February 2009

The City in its Environment

 

 

The City in its Environment

 

 

3

Support for Earth Hour 2009   

 

Compiled by:                Krystie Race, Sustainability Research Planner

Carmel Hamilton, Sustainability Education Officer

Authorised by:             Louise Petchell, Sustainability Unit Co-ordinator   

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

Critical Action: Demonstrate Council’s leadership through actions and advocacy in reducing the consumption of natural resources, including water, energy and fossil fuels.

     

Purpose:

To inform Council of Earth Hour, a project being run by WWF- Australia to engage the community in action to combat climate change. The report recommends that Council participate in promoting Earth Hour to the City in 2009 and build on the success of the event in 2008.

 

Background

Climate change is increasingly recognised as a major global problem with local consequences and responsibilities. Through its greenhouse gas reduction plan, Carbon Neutral, Penrith City Council has demonstrated its commitment, and has set goals, to achieve a reduction of both its own corporate emissions and City emissions.

 

A program of actions is underway to address these objectives, with significant organisational results already being achieved as a result of the Energy Performance Contract put in place at the Civic Centre and the Queen Street Centre and other measures including the installation of energy efficient appliances, such as heat pump hot water systems, within Council facilities. Council is also a participant in leading local government programs including Cities for Climate Protection Australia.

 

An understanding of the issues surrounding climate change and support for greenhouse action is increasingly apparent in our community. The present report addresses a particular action which is felt to be worthy of support.

Earth Hour 2009

WWF Australia (formerly known as the World Wildlife Fund) and Fairfax Media initiated a project in 2007 called ‘Earth Hour’. Earth Hour was developed to educate and involve the community in taking action to combat climate change and is being run again in 2009 to build on its success. Council supported Earth Hour in 2007 and 2008 by switching off the lights for the designated one hour period at several of our major facilities, and also by undertaking a broader education and promotion campaign to the community.

 

It is proposed that Council continue to support Earth Hour in 2009 and use this opportunity to gain commitment from organisations and individuals across the City to make small changes in their habits and routines which will result in reduced greenhouse gas emissions.

 

The overall aim of Earth Hour is to reduce participants’ greenhouse gas emissions by 5% over the period of a year. However, the main highlight of the project in 2009 is to gain commitments from individuals and businesses to turn their lights off for a one hour period (8:30pm – 9:30pm) on the evening of Saturday, 28 March 2009.

 

Earth Hour 2009 is set to switch off the globe. Already 377 cities, and double the number of countries that participated in 2008, are committed. With hundreds more cities expected to sign up to switch off in the coming months, Earth Hour 2009 is setting the platform for an unprecedented global mandate for action on climate change.

 

Switching off lights is a symbolic gesture and gives a highly visible signal to the wider community of an organisation’s or individual’s commitment to reducing their greenhouse gas emissions and tackling climate change. Participants are then encouraged to continue this commitment throughout the year and make small changes in their homes and workplaces to achieve an overall 5% reduction in energy use and greenhouse gas emissions over the year.

Proposed Participation in Earth Hour

Earth Hour provides a clear opportunity for Council to support the event in its role as a community leader, as the aims of the project align closely with Council’s own goals for corporate and community emissions reductions.

 

It is proposed that Council participate directly, where this poses no risk to safety and does not disadvantage any community or customer services required at the facilities. Within these limits, Council would commit to turning off all lights, other than essential security lighting, within appropriate Council facilities, for the one hour period between 8:30pm - 9:30pm on Saturday, 28 March 2009.

 

The following facilities have, at this stage, been identified by management as able to participate in Earth Hour. This will be subject to any bookings for relevant facilities, which will if received take precedence over the Earth Hour arrangements:

·    Civic Centre

·    Queen Street Centre

·    Council’s Depot

·    Joan Sutherland Performing Arts Centre

·    St Clair Recreation Centre

·    Visitor Information Centre

·    Ripples

·    Penrith Swim Centre

·    Penrith Whitewater Stadium

 

Although largely symbolic, the action of turning off the lights within Council facilities would send a clear message to the community about Council’s commitment to greenhouse gas reduction.

 

Participating in the event will also provide Council with an excellent opportunity to advocate for greenhouse gas reduction, by encouraging local businesses and individuals to also participate and make changes to reduce their emissions.

 

Significant promotion and education within the community, regarding greenhouse gas reduction and climate change, will be able to be undertaken in the lead up to Earth Hour, with an emphasis on the simple things that can be done in the average home or business, to address climate change without negatively impacting on lifestyle and convenience.

 

Along with seeking to leverage the broader promotion of Earth Hour which is undertaken by the main event organisers, Council will undertake a local promotions program which will include media releases, display materials within Council facilities, promotion through the Council website, fact sheets, and the distribution of information to staff and participating businesses and households.

 

A link with the event coordinator, WWF Australia, has been established to share information and resources and ensure that any local promotions are consistent with the broader promotions being undertaken. Letters of support have been sent and discussions are underway with the Penrith City Centre Association and the Penrith Valley Chamber of Commerce, the Penrith Valley Economic Development Corporation and St Marys Town Centre Management  to gain their support for the program again in 2009. These partnerships provide Council with the opportunity to use existing networks to reach an extensive range of local businesses. 

 

Investigations to include Council’s neighbourhood facilities and children’s centres in Earth Hour were also undertaken last year. Due to the number, range and location of these facilities as well as the fact that they are generally not staffed at this time of night it was ruled impractical to be able to commit them to Earth Hour. Therefore, it is once again not considered practical to include these facilities in Earth Hour 2009.

 

To overcome this, it was suggested that the relevant facility managers work with Council’s Sustainability Unit and other relevant departments over the coming year to establish baseline information on sustainability at these facilities. Children’s Services has already commenced such an audit. This work will identify opportunities for improving sustainability, including with regard to lighting and security lighting and it will then be possible to develop a coordinated plan for implementation of agreed actions. The plan will thereby identify those facilities which are, over time, able to participate in future initiatives such as Earth Hour.

Conclusion

Given the increasingly critical nature of the issue of climate change and global warming within Australia and across the globe, it is imperative for Council and our City to be at the forefront of efforts to combat climate change. Earth Hour is one initiative which is very timely in this regard. Council’s participation again in Earth Hour and promotion to the community is in keeping with both its policy commitments and leadership role.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Support for Earth Hour 2009 be received

2.     Council participate in and promote Earth Hour 2009 in the terms indicated in the report.

 

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

 

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

 

 



Ordinary Meeting

23 February 2009

The City Supported by Infrastructure

 

 

The City Supported by Infrastructure

 

 

4

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

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Glenn Schuil, Senior Governance Officer

Authorised by:             Wayne Mitchell, Group Manager - City Infrastructure   

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 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

 

A Report was previously submitted to the Council’s Ordinary Meeting on 2 February 2009 (copy is appended to this Report for Councillor’s information) that recommended that the contract be awarded to Convic Skate Parks Pty Ltd. At that time the Council resolved to defer consideration of the matter to the next Ordinary Council Meeting due to a notified conflict of interest of the recommended Contractor. This supplementary report addresses the perceived conflict of interest that was identified during the Council Meeting.

 

In the initial report submitted to the Council it was stated that the Tender Evaluation Committee consisted of Mal Ackerman (Supply Coordinator) and Nada Karunakaran (Project Engineer – City Works). In addition to these two Council Officers, the Acting City Works Manager, Gowry Gowrythasan was also a member of that Tender Evaluation Committee, but his name was accidentally omitted from the Report.

 

Current Position

 

Following the Council’s above decision, the Council’s Group Manager – Infrastructure, the Acting City Works Manager, the Supply Coordinator and the Senior Governance Officer (referred to in this report as the Tender Review Committee) met on 6 February 2009 for the purpose of undertaking a re-assessment of the evaluation of the tenders received and to assess whether the recommended tenderer gained any advantage because of the declared conflict of interest that was identified during the tender evaluation process.

 

In the previous Council Report on this matter it was stated that “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 other tenderers, as all tenderers were provided with the same information”.

 

The conflict of interest that was actually declared as part of the tender submitted was as follows:

“Convic Skate Parks Pty Ltd and Convic Design Pty Ltd share the same director, namely,  Simon Oxenham.

 

However for the purposes of this tender, Convic Skate Parks Pty Ltd has not had any contact whatsoever with Convic Design Pty Ltd.

 

I, [Christopher Hawken] as Operations Manager with Convic Skate Parks Pty Ltd am prepared to sign a statutory declaration confirming no contact has been made regarding this tender between either company and that no unfair advantage has been gained by Convic Skate Parks Pty Ltd in the formulation of our tender”.

 

To assist the re-assessment of this tender, the Legal Officer, Matthew Bullivant made contact with the Independent Commission Against Corruption (ICAC) for some generic advice regarding conflicts of interests with respect to the assessment of tenders by Councils. That advice received suggested that the Council’s staff should request a statutory declaration from the tenderer who had a conflict of interest identified asking for them to declare that no unfair advantage has been obtained during the tender process. Additionally, ICAC suggested that the tender process should be transparent and that detailed records should be kept of why a particular tender is preferred over other tenders.

 

Mr Hawken was subsequently requested to provide a statutory declaration, and on 10 February 2009 the following statutory declaration was received: Company searches of the two Companies revealed that the sole Director of Convic Skate Parks Pty Ltd is also the sole Director of Convic Design Pty Ltd. The statutory declaration read as follows:-

 

“I am employed by Convic Skate Parks as Operations Manager. There has been no contact between Convic Skate Parks Pty Ltd and Convic Design Pty Ltd regarding the tender for the construction of Cranebrook Skate Park Tender RFT 07-08/09.

 

That there has been no collusion between Convic Skate Parks Pty Ltd and Convic Design Pty Ltd.

 

No unfair advantage has been gained by Convic Skate Parks Pty Ltd in the formulation of our tender for the construction of Cranebrook Skate Park through our association with Convic Design Pty Ltd”.

 

Given that the notified conflict of interest existed because of the common interest of the Director (Simon Oxenham) in both Convic Skate Parks Pty Ltd and Convic Design Pty Ltd, Mr Oxenham was also requested to prepare a Statutory Declaration about the relationship between the two Companies with the current Tender.

 

The following Statutory Declaration was received from Simon Oxenham:

 

“I, Simon Damien Oxenham of 9/50 Palmer St Richmond Vic 3121 do solemnly declare that Convic Skateparks has gained no unfair advantage via my directorship of both Convic Design Skateparks in the tender for the Cranebrook Skatepark.

 

I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalty of perjury”.

 

Review of the tender process

 

The Tender Review Committee also went through the process that was used to select a preferred tenderer for the construction of the skate park. During this process the Council’s Supply Coordinator “walked through” the appraisal of the tenders received compared to the tender evaluation criteria and weightings that had been established. All of the details that have been included within the analysis of the tenders received will be included on the Council’s records when this tender has been awarded.

 

The Tender Review Committee was unanimous in their opinion that Convic Skate Parks Pty Ltd was the tenderer that rated highly and was most cost effective.

 

On the basis of the information available, it would appear that the recommended tenderer received no unfair advantage in the tender evaluation process despite the Company declaring that there was a conflict of interest in the tender process. The process within this tender included each prospective tenderer being provided with the same Bill of Quantities in determining their tender price. As all prospective tenderers were provided with the same Quantities, there were little opportunities for any unfair advantage to be found within the process. Council’s engineering staff have advised that the design does not provide for any special process or proprietary product that would give Convic Skate Parks Pty Ltd any advantage.

 

To gain an understanding of whether the costs within the preferred tenderer were realistic, an independent Quality Surveyor was engaged to assess and provide the estimates of quantities. The assessment revealed that the cost to build the skate park is approximately $285,000, compared to the preferred tender’s price of $302,000.

 

Proposal to establish a Tender Assessment Group

 

Following from the issues raised within this tender, the Group Manager – Legal and Governance is proposing to bring a report to the Council’s Policy Review Committee Meeting held on 9 March 2009 to suggest improvements to the Council’s documentation of the approach that Council Officers administratively undertake if there is a conflict of interest in a tender received. Essentially it is proposed to revise the declarations that tenderers declare when they submit a tender to the Council. Also that an overall Group be formed to review tenders and ensure a consistent approach to Policy is maintained.

 

Comment by Group Manager – Finance

 

The Group Manager – Finance in the previous report to the Council commented that the Council’s 2008/09 Management Plan currently provides an amount of $353,000 in Section 94 funding from the Penrith City Local Open Space Plan for this project. Additionally, the previous report identified that to-date a sum of $23,400 has been expended for the design work and detailed contract documentation, leaving a balance of $329,600 which can accommodate the tender price submitted by Convic Skate Parks Pty Ltd.

 

Comment by Legal Officer

 

It has been reported earlier in this report that Convic Skate Parks Pty Ltd disclosed a conflict of interest. That conflict disclosed that a Director of Convic Skate Parks Pty Ltd was common to Convic Design Pty Ltd. Council cannot stop Companies tendering in these processes who may have a conflict of interest. As reinforced by the ICAC, Council has to manage these conflicts. This is done by considering the facts and evidence and considering if a tender is given an unfair advantage.

 

As indicated in the report the Tender Review Committee has concluded that there is no evidence that the tenderer received an unfair advantage. Given that all tenderers were provided with the same list of quantities to price and given the engineering advice, there would seem no process or proprietary product that would give the tenderer an unfair advantage. This supports the Tender Review Committee’s conclusion that the tenderer did not receive an unfair advantage.

 

If Council was still concerned then the Council could only call fresh tenders given the way that the tender documents have been drafted. The Group Manager – Legal and Governance is proposing to recommend changes to the standard documentation that may assist if this situation should occur in the future.

 

In summary, a conflict of interest exists. That conflict was addressed by the Convic Skate Parks Pty Ltd with the provision of two Statutory Declarations. This conflict has been addressed by the review undertaken by the Tender Review Committee and the open manner in which this matter has been considered.

 

Summary

 

The tender for the construction of a skate park at Cranebrook was deferred at the Council Meeting held on 2 February 2009 due to a perceived notified conflict of interest  that Convic Skate Parks Pty Ltd may have had in the tender process given that Company’s association with Convic Design Pty Ltd.

 

Following the establishment of a Tender Review Committee that looked at whether any unfair advantage may have been given in the tender process to Convic Skate Parks Pty Ltd, the Committee have determined that no unfair advantage was evident. In addition, the Group reviewed the methodologies used with the assessment of the tender and agree with the previous recommendation that Convic Skate Parks Pty Ltd is the preferred tenderer to be awarded the contract for the construction of a skate park at Cranebrook.

 

 

 

RECOMMENDATION

That:

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

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

 

ATTACHMENTS/APPENDICES

1. View

Copy of 2 February 2009 Report - Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW

5 Pages

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Copy of 2 February 2009 Report - Tender Number 07-08/09 Construction of Skate Park Facilities at Cranebrook NSW

 

 

 

 

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

 

5        Audit Committee

 

6        Constitutional Summit and the Regional Cooperation and Development Forum

 

7        Model Code of Conduct ~ Update on the requirement to appoint  a  Conduct Review Committee

 

8        Australian Local Government Women's Association 2009 NSW State Annual Conference and 2009 Biennial National Conference

 

9        Council Property - Electricity Easements over Three Public Reserves within Cranebrook

 

10      WSROC Group Tender Reference WR01-08/09 for the provision of Pavement Marking Services

 

11      WSROC Group Tender Reference WR03-08/09 for the Supply & Delivery of Road Traffic Signs and associated hardware.

 

12      Summary of Investments & Banking for the period 1 January 2009 to 31 January 2009.

 

 

 



Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

5

Audit Committee   

 

Compiled by:                Peter Browne, Internal Auditor

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

Strategic Program Term Achievement: A contemporary system of risk management and internal control is operating.

Critical Action: Develop and implement an internal audit program that reviews the effectiveness of Council’s risk management, compliance and internal control systems.

     

Purpose:

To advise Council of the December 2008 meeting of the Audit Committee.  The report recommends that the information be received.

 

Background

The Audit Committee is comprised of three Councillors and three Independent members appointed by Council to advise on financial reporting, internal controls, corporate risks, business ethics, assurance and other matters as identified in its Charter.  The Charter provides that the Committee should report back to Council after each meeting.  An outline of the Audit Committee and its Charter are available to the public via Council’s website.

 

Current Situation

The Audit Committee met on 3 December 2008 and discussed various issues including recent documents issued by the Department of Local Government relating to Audit and by the ICAC related to Local Government.  The draft minutes of the prior meeting (as provided to Council on 8 September 2008) were adopted without alteration. The draft minutes of the Audit Committee meeting of 3 December 2008 are appended to tonight’s Business Paper.

 

The Audit Committee noted that the structural arrangements for Council’s Internal Audit function and the Audit Committee already comply with substantially all of the recommendations made by the Department of Local Government.  There were some issues raised by the Department of Local Government Guidelines which led the Audit Committee to decide to review its Charter at the next meeting (with a view to making recommendations to Council to modify the Charter.)

 

Under the Audit Committee Charter the position of Chairperson became vacant and an election was held. The previous Chairperson, Prof Robert Coombes offered himself for re-election and was unanimously re-elected to the position of Chairperson for the next twelve months.

 

 

 

 

 

RECOMMENDATION

That the information contained in the report on Audit Committee be received.

 

ATTACHMENTS/APPENDICES

1. View

Audit Committee Minutes

3 Pages

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Audit Committee Minutes

 

 

 

UNCONFIRMED MINUTES

 OF THE AUDIT COMMITTEE MEETING OF PENRITH CITY COUNCIL HELD IN THE PASSADENA ROOM, PENRITH

ON WEDNESDAY 3 DECEMBER 2008 AT 8:10AM

PRESENT

Robert Coombes (Chair), His Worship the Mayor Councillor Jim Aitken OAM, Councillors Ross Fowler OAM and Kath Presdee, Frank Gelonesi; and Jayant Gulwadi.

 

 

Alan Stoneham (General Manager), Peter Browne (Internal Auditor),

Barry Husking (Director), Stephen Britten (Legal and Governance Manager), Vicki O’Kelly (Financial Services Manager), Andrew Moore (Financial Accountant), and

Dennis Banicevic (External Auditor - PricewaterhouseCoopers).

 

 

APOLOGIES

There were no apologies.

 

 

CONFIRMATION OF MINUTES - Audit Committee Meeting - 20 August 2008

Resolved on the motion of Frank Gelonesi seconded Councillor Ross Fowler OAM that the minutes of the Audit Committee Meeting of 20 August 2008 be confirmed.

 

 

DECLARATIONS OF INTEREST

Nil

 

 

MASTER PROGRAM REPORTS

 

Leadership and Organisation

 

1        Committee Membership and Administration                                                                    

Peter Browne introduced the report detailing the roles and objectives for the Audit Committee. 

ELECTION OF CHAIRPERSON

Robert Coombes relinquished the chair.  Peter Browne (Internal Auditor) conducted the election for the position of Chairperson of the Audit Committee.  Robert Coombes was nominated for the position by His Worship the Mayor Councillor Jim Aitken OAM, seconded Councillor Kath Presdee.  No other nominations were received.  Robert Coombes was re-elected as Chairperson and reassumed the Chair.

Robert Coombes reviewed the functions of the Committee for the benefit of new members.

Resolved on the motion of Frank Gelonesi seconded Jayant Gulwadi that the information contained in the report on Committee Membership and Administration be received.

 

 

2        Local Government Internal Audit Guidelines                                                                   

Peter Browne advised the Committee of the release of Guidelines for Internal Audit by the Department of Local Government.  The recommended strategies, roles and process for both Internal Audit and the Audit Committee are included in the Guidelines.  The Guidelines provide that “for Local Government, the Internal Auditor should report functionally to the Audit Committee and administratively to the General Manager”. 

It was noted that Council’s Audit Committee Charter and other documents reflect the recommendations of the Guidelines in almost all areas.  There was discussion of the reporting arrangements for Internal Audit and for the Audit Committee.  The Audit Committee is required to provide an annual report to Council as well as providing minutes of meetings.  While there is no formal annual report to the Committee on the performance of the Internal Auditor, Internal Audit performance is reported to every meeting.  The General Manager and Internal Auditor attend meetings and are able to update the Committee when required.  The Committee was concerned not to overdo reporting as this would divert resources from the key objectives. 

Resolved on the motion of Jayant Gulwadi seconded Frank Gelonesi that:

1.     The information contained in the report on Local Government Internal Audit Guidelines be received

2.     A draft report to Council on the Audit Committee’s performance be brought to the next Audit Committee meeting.

 

 

3        Investment Portfolio Update                                                                                              

Andrew Moore informed the meeting of the status of Council’s CDO investments.  One CDO is now in default and the other is expected to default.  Council’s losses are relatively low compared to other Councils.  Investments are now being made with Australian Banks, Local Government Financial Services (NSW Local Government Superannuation Scheme) or mortgage backed securities.  Given the very conservative approach now being taken, the Council’s need to engage investment advisors is being reviewed. 

Resolved on the motion of Frank Gelonesi seconded Councillor Jim Aitken OAM that the information contained in the report on Investment Portfolio Update be received.

 

 

4        Audit Committee Standing Items                                                                                       

The Committee was provided with an update of recent events.

ICAC published volume three of its report on Wollongong City Council.  The ICAC recommendations on the structure of Wollongong’s Audit Committee was discussed.  It was noted that while Penrith’s Audit Committee Charter facilitated an independent member being the Chairperson, it did not mandate it. There was a general agreement that the Charter of the Councils Audit Committee should be reviewed at the next meeting.

The characteristics of the position of Internal Ombudsman was discussed.  Penrith City Council does not have such a position however the Committee were advised that the issues that would be dealt with by an Internal Ombudsman are dealt with in the Council’s Legal and Governance Department.  The Local Government Governance Network is looking at the advantages and disadvantages of having an internal Ombudsman.  The Committee requested that a report should be brought back to the Audit Committee on the advantages and disadvantages of having an internal Ombudsman when further information is available.

The recent payroll audit was discussed.  The Committee was advised that several opportunities to improve security had been agreed to by Management.

Improvements to process from the stores audit have occurred.  Some issues that arose prior to the changes are still being reviewed.  This process will not get delayed by trying to determine how minor errors occurred however a few irregularities warrant further examination.

The outsourcing of some audit assignments was discussed and the Committee were advised that it is planned to engage an expert to review the Development Application process.  Other opportunities to accelerate the audit program were briefly addressed.

The Legal and Governance Manager advised the Committee of recent training and discussions on governance.  Nearly 300 staff have been involved in the program to strengthen ethical culture and reinforce the principles behind the Council’s Code of Conduct.

The General Manager advised the Committee of changes to the Council’s organisation structure that were adopted by Council in August, 2008.

Resolved on the motion of His Worship the Mayor, Councillor Jim Aitken OAM seconded Frank Gelonesi that the information contained in the report on Audit Committee Standing Items be received. 

 

GENERAL BUSINESS

 

The Committee discussed progress on the Internal Audit Program and the risk that the current year’s program would be delivered. 

 

NEXT MEETING

The next meeting was tentatively set for 8am Wednesday 11 March 2009.

 

 

There being no further business the Chairperson declared the meeting closed the time being 9:58 am.

 


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

6

Constitutional Summit and the Regional Cooperation and Development Forum   

 

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

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

Strategic Program Term Achievement: Council has implemented leading practice ethical and corporate governance standards.

Critical Action: Review and apply leading practice ethical and corporate governance standards.

     

Purpose:

To advise the Council on the outcomes of the Constitutional Summit and the Regional Cooperation and Development Forum held in Melbourne from 8-11 December 2008. The report recommends that the information be received and that Council support the Australian Local Government Association in its efforts towards Constitutional recognition for local government.

 

Background

On 8 December 2008 the Australian Local Government Association held a Regional Cooperation and Development Forum in Melbourne. This was followed on 9 - 11 December by a Constitutional Summit that was also convened by the Australian Local Government Association. Both Conferences were Chaired by the new President of the Local Government Association, Councillor Geoff Lake.

 

The Mayor, Councillor Jim Aitken OAM, Councillor Kevin Crameri OAM, Councillor Greg Davies, the General Manager, Alan Stoneham and the Group Manager Legal and Governance, Stephen Britten attended the Forums on Council’s behalf. The Constitutional Summit was attended by over five hundred delegates with the delegates coming from as wide a field as Darwin and Perth.

 

Report on Conferences

 

Regional Cooperation and Development Forum

 

The focus of the Regional Cooperation and Development Forum was on climate change. The key note speaker, Dr Graham Pearman is an award winning scientist and committed environmentalist. He was an adviser to the former American Vice President Al Gore.

 

Dr Pearman’s message was simple in that after examining the entire evidence one must think that there is a significant chance that global warming and climate change is occurring and the present generation needed to act because if this generation waits any longer then it will be too late if the predictions are even somewhat correct. Dr Pearman referred to a great deal of evidence from many sources some of which he considered may have been extreme in that ocean levels may rise by up to five metres and significant increase in weather patterns across the globe.

 

The second presentation on the day was the launch of the 2008-2009 State of the Regions Report which supported some of the evidence put forward by Dr Pearman. The afternoon focused on what initiative Council could take to the issue. The presentations reinforced that Penrith City Council was well placed and was advancing all the initiatives discussed at the Forum.

 

Constitutional Summit

 

The purpose of the Summit was to discuss a proposal by the Australian Local Government Association to move to have Local Government recognised in the Australian Constitution.

 

The Constitutional Summit commenced on 9 December 2008. The key note address on the day was Professor Geoff Gallop. Professor Gallop was the leader of the Australian Labor Party who attended the Constitutional Convention in Canberra in 1998 where he put the case for a republic. Professor Gallop was the thirty first Premier of Western Australia, a position he held until 2006. Professor Gallop, because of his role with the referendum dealing with the republic was well placed to present to the Summit on the difficulties that would be faced in holding a referendum to recognise Local Government. He pointed out that only eleven out of the forty four referendums put to the people have been successful. Also it has been over thirty years since a successful referendum has been put and accepted by the people allowing for Constitutional reform.

 

On the first day of the Summit the Hon. Anthony Albanese MP, Minister for Infrastructure, Transport, Regional Development and Local Government addressed the Summit and confirmed the key note address that Constitutional reforms and referendums have been historically difficult to win. It was pointed out that to win a referendum there needed to be a majority vote in favour of the referendum across the nation and the referendum needed to be successful in a majority of States and Territories. Minister Albanese indicated that his Government were in principle supportive of a move by the Association for recognition of Local Government. He stated that the Government saw working with Local Government as an important strategy. He cited the recent meeting of Mayors where the Government sought to fund Local Government directly to stimulate the economy as an example of his Government working directly with Local Government.

 

In the afternoon of the first day Professor George Williams (a Professor of Law and foundation Director of the Gilbert and Tobin Centre of Public Law at the University of New South Wales), Scott Bennett (lecturer in Political Science at the University of New South Wales, the Royal Military College, and the Australian National University from 1965-1998;  he was a member of the research staff in the library of the Commonwealth Parliament until October 2008) and, Anne Twomey (Constitutional Lawyer and Associate Professor of Law at the University of Sydney) attended the Summit to make presentations. These three speakers again spoke of the difficulty of being successful with a referendum. The central points made by the speakers were that you needed to obtain support from all political factions, keep the issues simple so that the public can understand it and as you could only ask yes or no questions it was very important how the questions were framed.

 

During the day the Leader of the Opposition, the Hon Malcolm Turnbull MP wished the Summit well and indicated that the Opposition would consider the issue when it was aware of the question proposed to be put. Despite questions from the Delegates he did not offer support for the recognition of Local Government in the Constitution.

 

On day two of the Summit the key note address was given by Dr Keith Suter. He is a highly regarded social commentator, strategic planner, writer and broadcaster.

 

Also, on the second day the Hon. Warren Truss MP Leader of the National Party addressed the Summit. Mr Truss indicated that the National Party would support the Constitutional recognition of Local Government. During the second day discussions were also advanced about management of the media.

 

During the Summit there were also a number of motivational speakers including Mr Khoa Do who spoke about his start as a refugee and his work as a film director, screen writer and teacher with youth and his recent successes with film. Presentations were also made about world financial settings.

 

Outcome of the Summit

 

On the final day of the Summit after a number of occasions during the two and a half days to discuss the issue of Constitutional recognition, the Summit almost unanimously resolved to endorse the following. The Mayor acted as the Delegate for Council. The motion adopted was as follows:

 

“To ensure the quality of planning and delivery of services and infrastructure provided to all Australians, and the ongoing sustainability of local government, any constitutional amendment put to the people in a referendum by the Australian Parliament (which could include the insertion of a preamble, an amendment to the current provisions or the insertion of a new Chapter) should reflect the following principles:

 

The Australian people should be represented in the community by democratically elected and accountable local government representatives;

 

-     The power of the Commonwealth to provide direct funding to local government should be explicitly recognised; and

-     If a new preamble is proposed, it should ensure that local government is recognised as one of the components making up the modern Australian Federation”.

 

The Australian Local Government Association has stated that the rationale of why there should be Constitutional Recognition is as follows:-

 

 Local government is the closest sphere of government to the community and according to surveys is the most trusted.

 

Municipalities deliver the nation’s priorities at the grassroots community level – caring for an ageing population, planning communities, supporting early childhood development, responding to environmental challenges and providing vital infrastructure to ensure the economy performs.

 

In this day and age, it seems ridiculous that local government only exists under state legislation and has no legal recognition in our national Constitution.  It is appropriate for local government to be recognised in the Constitution, which is the paramount political document in the Federation given the increased role the sector has in providing services and infrastructure to Australians”.

 

Conclusion

 

These two Conferences represented important discussions on key issues for local government.  The first being climate change and the second on constitutional recognition for local government. 

 

Careful thought has been put into the Resolutions and outcomes of the Forum and it is believed that support should be given to the initiative. It must be acknowledged however that securing a successful amendment to the Constitution through a Referendum will be difficult as pointed out within the Report.

 

It is understood that the Australian Local Government Association will be working with the Government, Opposition and other political parties to seek consensus on the detail words for a Referendum to be put to the next Federal Election. It will ultimately be a decision for the Federal Parliament if a Referendum is to be called.  If it is decided to have a Referendum, then the Australian Local Government Association will need to co-ordinate an information and education program for the voters.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Constitutional Summit and the Regional Cooperation and Development Forum be received.

2.     Council endorse the position taken by the Summit on Constitutional recognition.

3.     Council provide appropriate support for the Australian Local Government Association efforts in seeking Constitutional recognition of local government.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

7

Model Code of Conduct ~ Update on the requirement to appoint  a  Conduct Review Committee   

 

Compiled by:                Glenn Schuil, Senior Governance Officer

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

Strategic Program Term Achievement: Council has implemented leading practice ethical and corporate governance standards.

Critical Action: Review and apply leading practice ethical and corporate governance standards.

     

Purpose:

To advise the Council of a proposal to establish a Conduct Review Committee. The report recommends that in the event there is a need to establish a Sole Reviewer / Conduct Review Committee the General Manager selects the relevant person(s) from the Panel of persons recommended by WSROC.

 

Background

The Department of Local Government requires that all Councils must adopt a Code of Conduct. The Code cannot be any less prescriptive than the Model Code of Conduct that the Department has issued. The Model Code initially came into effect on 1 January 2005, but since then the Code has been revised and the new Code became effective from 20 June 2008. The Council’s Policy Review Meeting considered a Report on this matter on 28 July 2008, and on 4 August 2008 the Council adopted the revised Model Code of Conduct.

 

As detailed during the Councillor Orientation Program in November 2008, the Council’s Code of Conduct mirrors the Departmental Code of Conduct with the small exception that the Council has added the additional paragraph “If you buy or sell property in the Penrith local government area, other than your own home, you must notify the General Manager within a reasonable time after the transaction has been completed (settlement)”.

 

An issue that was briefly raised in the previous Report that was presented to the 28 July 2008 Meeting concerned the requirement for all Councils to establish a Conduct Review Committee.

 

Under the Model Code of Conduct, the Council must resolve to appoint at least three people who are independent, qualified persons of high standing in the community to act as conduct reviewers. More than three people can be appointed if the Council feels that it is likely that there will be circumstances where one or more conduct reviewers are not available to participate in a matter.

 

The number of persons who will undertake the review of an allegation of a breach of the Code of Conduct will depend on the nature, complexity and seriousness of the allegations. For example, when a complaint is referred to the General Manager, if it is a complex matter, he may opt to involve a number of members from the Panel of Conduct Reviewers. If the General Manager assesses that the alleged breach is a reasonably straightforward matter, the General Manager may determine to refer the matter to a Sole Conduct Reviewer.

 

The quorum for a meeting of the Conduct Review Committee is the majority of the members of the Conduct Review Committee. Under the Code of Conduct, each member of the Conduct Review Committee shall be entitled to one vote in respect of any matter. In the event of equality of votes being cast, the Chairperson shall have the casting vote. The Chairperson is elected by the members on the Conduct Review Committee and it should be noted that the Chairperson can be a different person on each alleged breach of the Code of Conduct.

 

If a matter is referred to a Sole Reviewer / Conduct Review Committee the findings of the enquiries made must be reported in writing to the Council, and this should be made in an open session of Council, unless the matter meets the requirements of section 10A(2) of the Local Government Act (business which is confidential where, for part of the Council Meeting the Press and the Public are excluded). Under the Code it is open to the Council to determine whether a breach has occurred and to decide what sanction may apply, notwithstanding any advice provided by the Sole Reviewer / Conduct Review Committee.

 

The General Manager is required under the Code of Conduct to report annually to the Council on the Code of Conduct complaints received.

 

Current Position

At the Council’s 28 July 2008 Meeting a number of options were explored about the composition of the Council’s Conduct Review Committee. There appears to be two main options available to the Council to establish such a Committee, those being to:-

 

1.   Support the proposal put forward by WSROC to establish a regional Conduct Review Committee Panel; or

 

2.   Seek expression of interests from members of the community.

 

These two options are explored hereunder.

 

Option 1.    WSROC’s proposal to establish a regional Conduct Review Committee Panel

The former Executive Director of WSROC, Alex Gooding wrote to all General Managers from WSROC some time ago asking whether there was a level of support for a Regional Conduct Review Panel. At that time the General Manager responded on behalf of the Council saying that the Council may be interested, but that he would have to put the matter to the Council and seek their response to this proposal. Mr Gooding later wrote to the Council advising that the proposal had been considered at a WSROC Board Meeting on 28 August 2008 where it resolved that if six or more of the member Councils were interested in the proposal the matter would be pursued with member Councils.

 

The Regional Conduct Review Panel approach has been based on the model that has been used by SSROC and SHOROC, with some variations. For the Council’s information ten out of the eleven WSROC Councils agreed to participate in this proposal, subject to final endorsement from their respective Councils, the exception being The Hills Council (formerly known as Baulkham Hills Shire Council) which resolved to draw the members on the Conduct Review Committee from neighbouring Councils only.

 

WSROC placed an advertisement in the Sydney Morning Herald and on their web site calling for expressions of interests from interested parties to be considered as a member of the Regional Conduct Review Committee. A total of 18 responses were received to WSROC’s advertisement.

 

On 17 November 2008 Mr Gooding scheduled a Project Group Meeting of WSROC representatives to discuss the merits of the nominations received from the advertisement. At this meeting the representatives of WSROC assessed the merits of the nominations received against the criteria that were established for the Conduct Review Committee / Sole Reviewer. From this process, only 10 applications were selected for inclusion in the proposed Regional Panel on the basis of the relevant advertised selection criteria.

 

The WSROC General Manager’s Group met on 4 December 2008 to discuss the candidates and determined that the ten applicants considered suitable would be selected to make up the Regional Conduct Review Panel.

 

The Executive Director of WSROC, Noel Child has written to all WSROC Councils providing a short biography of the ten applicants. This biography list is attached to this Report for the information of Councillors.

 

 

Option 2.    Seek expressions of interests from members of the community.

Under this option the Council would have to call for expressions of interest from its local government area for suitably experienced persons who could sit and perform the duties of a Sole Reviewer, or be part of the Council’s Conduct Review Committee. This process would be time-consuming and given the past good track record of Councillors with respect to alleged breaches of the Council’s Code of Conduct, this may not be seen as an efficient use of resources, given the initiative taken by WSROC to seek expression of interests and assess the applications received.

 

Conclusion

Under both scenarios the Council’s General Manager will be responsible for assessing complaints about an alleged breach of the Council’s Code of Conduct, and whether the alleged conduct warrants referral to a Sole Reviewer / Conduct Review Committee. It should be remembered that if a complaint is received alleging a breach of the Council’s Code of Conduct by the Council’s General Manager, then the complaint will be assessed initially by the Mayor.

 

Councillors may recall that at the Councillor Information Seminar held on 27 November 2008 the Department of Local Government representatives advised the Meeting that they were aware that a number of “ROC” Councils had established a Regional approach to the establishment of a Conduct Review Committee. The Department representatives who were at the Seminar supported such a proposal.

 

On the basis that Blue Mountains City Council, Blacktown City Council and Fairfield City Council have resolved to agree to progress with the Regional approach to establish a Panel of “appropriately qualified” persons to be on the Conduct Review Committee (as proposed by WSROC), and that ten out of eleven WSROC member Councils have given “in principle” support for this approach,  it is considered that this model might be an appropriate model for the Council to adopt for the establishment of its Conduct Review Committee. I understand that Auburn Council is considering a report on this matter at its Council Meeting held on 3 March 2009.

 

If the Council agrees with the concept of appointing a Regional Panel of ten persons, if an alleged breach of the Code of Conduct is made, the General Manager (or the Mayor in case of a complaint concerning the General Manager) will have the ability to appoint from the WSROC Panel a sole reviewer(s) / Conduct Review Committee to undertake assessment of the alleged breach.

 

The Department has not specified a term of appointment of Sole Reviewers / Conduct Reviewers, and has left this decision to individual Councils. It is suggested that the Panel of 10 persons be appointed for the term of the current Council (expiring September 2012) at the rate of pay that the “Applicants” stated in their “Expression of Interest” application made to WSROC’s advertisement.

 

We believe that the concept of a Regional approach by WSROC to establish a Panel rather than the Council itself nominating Panel members increases the credibility and transparency of the process.

 

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Model Code of Conduct ~ Update on the requirement to appoint  a  Conduct Review Committee be received.

2.     The Council accepts that in the event there is a need to appoint a Sole Reviewer / Conduct Review Committee the General Manager selects the relevant person(s) from the Panel of persons recommended by WSROC.

 

ATTACHMENTS/APPENDICES

1. View

Biography list of suitable candidates

2 Pages

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Biography list of suitable candidates

 

 

 

WSROC REGIONAL CODE OF CONDUCT PANEL WORKING GROUP

Draft “Short Bio’s” for Applicants Assessed as “Suitable”

 

 

 

 

Applicants Considered Suitable on the Grounds of Application Quality, Experience and/or Qualifications:  (Alphabetical Order)

 

ARMITAGE, Barbara (OAM)

 

Extensive experience in local government, including ten years as Mayor of Waverley. Professional experience as an Associate to a Supreme Court Judge. Accredited mediator with the NSW Attorney General’s Department. Training and experience in mediation and dispute resolution. Currently working as a consultant in the fields of mediation, facilitation and community consultation.

 

BAIRD, David

 

Legal practitioner with graduate qualifications in Arts and Law. Extensive experience and specialisation in local government, planning and environmental law. Professional experience includes the provision of services to over 40 individual Councils, including the LGSA. Experienced in Code of Conduct hearings and reviews. Currently working as a Partner with the legal firm Maddocks.

 

CONNOLLY, Bronwyn

 

Legal practitioner with graduate qualifications in both Arts and Law, with extensive experience between 1979 and 2005 working with State Government Departments, Authorities and Tribunals. Most recent experience includes risk management, probity advice and auditing, and several aspects of contract and procurement management. Currently Managing Director of Probity Associates Pty Ltd. 

 

GIBBONS, Kevin

 

Legal practitioner with extensive experience in insurance law and liability matters. Professional experience includes the provision of services to local government and local government bodies. Record of involvement in community and charity organisations. Member of a range of insurance based industry groups. Currently Principal of McCabe Terrill Lawyers (we understand that he is currently retired as Principal).

 

GRIEVES, Anthony

 

Graduate qualifications in Arts and Accounting. Registered liquidator. Professional experience in litigation support, dispute analysis and forensic accounting. Experience in the conduct of reviews for a number of federal government departments. Currently working as Executive Director at WalterTurnbull, a major provider of audit and related services to federal and state governments.

 

HILL, Robin

 

Graduate and post graduate qualifications in teaching, urban planning and business. Training and certification in conflict management and work place mediation. Professional experience includes senior level appointments within local government in the areas of community services, city services and city outcomes. Currently working as a consultant in strategic management and workplace reform.

 

HOPKINS, Geoffrey

 

Legal practitioner with graduate qualifications in Arts and Law. Extensive professional experience in legal practice in a range of disciplines including litigation, dispute resolution and professional misconduct matters. Successful record of involvement in a number of tribunals, boards and associations. Currently involved as an associate/part time workplace investigator and mediator.

 

 

 

 

KLEEM, John

 

Graduate qualifications in Local Government. Professional experience in a range of positions within local government. For the past 18 years has worked as a local government consultant in a range of disciplines including governance, performance management and facilitation and mediation. Currently provides consulting services to local government through John Kleem Consulting. 

 

ROACH, Kath

 

Graduate qualifications in Commerce; post graduate MBA. Extensive investigative experience with the Australian Federal Police. Professional experience within local government in the fields of corporate governance, internal control and conduct review. Senior management experience within state government. Currently provides public sector professional services through SINC Solutions Pty Ltd.

 

THANE, Kathryn

 

Legal Practitioners Diploma in Law. Formal training in the fields of mediation, coaching, real estate, dispute resolution and local government. Employment experience in real estate, teaching, environmental planning investigation, and mediation, including the local government sector. Currently involved in dispute conciliation and adjudication for the NSW Consumer Trader and Tenancy Tribunal. 

 

 

 

 


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

8

Australian Local Government Women's Association 2009 NSW State Annual Conference and 2009 Biennial National Conference   

 

Compiled by:                Stephen Pearson, Acting Executive Officer

Authorised by:             Glenn McCarthy, Executive Officer   

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

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

     

Purpose:

To advise Council of the upcoming Australian Local Government Women's Association NSW State Annual Conference to be held in Queanbeyan from 19 - 22 March 2009 and of the Australian Local Government Women's Association Biennial National Conference to be held in Adelaide from 15 - 17 April 2009.

 

Background

The Australian Local Government’s Women’s Association (ALGWA) was founded in 1951 with the principal objectives being:

·    to assist in furthering women’s knowledge and understanding of the functions of local government;

·    to protect and enhance the interests and rights of women in local government;

·    to take action in relation to any subject or activity of particular interest to women affecting local governing bodies and/or local government legislation;

·    to act in an advisory capacity to intending women candidates for local government elections; and

·    to encourage women into professional careers in local government.

 

Councillor Membership of ALGWA

 

Penrith City Council has six Councillors who are members of the ALGWA (Councillors Allison, T Davies, Greenow, Guillaume, McKeown & Presdee), two of whom are currently serving on the ALGWA Executive being:

 

Cr Karen McKeown:               Secretary

Cr Jackie Greenow:        Executive Member

56th Annual ALGWA NSW State Conference

The ALGWA 2009 NSW Annual Conference will be hosted by Queanbeyan City Council, and is being held in Queanbeyan from 19 to 22 March 2009. The theme of the Conference is ‘Women In Leadership – The Roadmap’.

 

The Conference program has been prepared – refer to the Conference Brochure at http://www.algwa.org.au/docs/ALGWAConferenceBrochure.PDF , with presentations to be given from key people involved in the community, local government and business, namely:

·      Verity Firth, Minister for Education and Training, Minister for Women. State Member for Balmain

·      Major General Elizabeth Cosson, Head of National Operations, Defence Force Group

·      Dr Susan Thompson, Associate Professor in the Urban Planning and Development Program, Faculty of the Built Environment, University of NSW

·      Brigadier Lyn McDade, Director of Military Prosecutions

·      Sue Currie, Shine Communications Consultancy

·      Amanda Horne, Executive Coach, Facilitator & Adviser

·      Cr Jenny Dowell, Mayor, Lismore City Council

·      Cr Trudy Taylor, Queanbeyan City Council

·      Jenny Grinlinton, Director Social and Community Services, Queanbeyan City Council

·      Natasha Abbott, Manager of Environment and Health, Queanbeyan City Council

 

The ALGWA NSW Annual Conference is open to all Councillors, Council staff and interested citizens. Council usually sends delegates to the Conference, and it would be appropriate for delegates to be nominated at this meeting.

 

2009 ALGWA National Biennial Conference

 

The ALGWA National Board holds a Conference every two years. The 2009 ALGWA National Biennial Conference will be hosted by the ALGWA South Australian Branch and is being held in Adelaide from 15 to 17 April 2009. The theme of the Conference is ‘Taking Up the Challenge’.

 

The Conference program has been prepared – refer to the Conference Brochure at http://www.lga.sa.gov.au/webdata/resources/files/ALGWA_National_Conference_-_Final_Brochure.pdf , with speakers including:

·      Senator Claire Moore, Senator for Queensland, Australian Labor Party

·      Elizabeth Broderick, Sex Discrimination Commissioner responsible for Age Discrimination, Australian Human Rights

·      Catherine Fox, Deputy Editor, Australian Financial Review BOSS magazine; columnist, ‘Corporate Woman’, Australian Financial Review

·      Senator Sarah Hanson-Young, Senator for South Australia, Australian Greens

·      Michelle McFayden, Chief Executive Officer, Longreach Regional Council, Queensland

·      Dr Andi Diamond, Chief Executive Officer, City of Yarra, Victoria

·      Rosalie Kunoth-Monks OAM, Mayor Barkly Shire Council, Northern Territory

·      Colin Pitman, Director of City Projects, City of Salisbury, South Australia

 

It would be appropriate for delegates to be nominated at this meeting.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Australian Local Government Women's Association 2009 NSW State Annual Conference and 2009 Biennial National Conference be received

2.     Council nominate its delegates to attend ALGWA’s 56th Annual NSW State Conference, to be held in Queanbeyan from 19 to 22 March 2009, and grant leave of absence as appropriate.

3.     Council nominate its delegates to attend the 2009 ALGWA National Biennial Conference, to be held in Adelaide from 15 to 17 April 2009, and grant leave of absence as appropriate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

9

Council Property - Electricity Easements over Three Public Reserves within Cranebrook   

 

Compiled by:                Bob Anderson, Property Officer - Valuation

Authorised by:             Brian Griffiths, Property Development Manager   

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 obtain Council's concurrence to the granting of easements for electricity purposes to Integral Energy in conjunction with the provision of upgraded services within Cranebrook.  The report recommends Council grant Integral Energy easements for two padmount substations and an underground cable together with the acceptance of compensation.

 

Background

Council is the owner of Lot 1190 DP 801781, Lot 996 DP 803591 and Lot 245 DP 816745 that are three contiguous parcels of open space lands separated by roads within the Cranebrook residential area as shown on the attached plan.

 

Integral Energy needs to upgrade electricity supplies within the residential area of Cranebrook with the proposed installation of additional padmount substations and underground connecting cables.

 

Current Situation

 

Integral Energy proposes to install two new padmount substations and an underground cable within three Public Reserves owned by Council.  Easements are required to protect the works as outlined in the summary and indicated on the attached plan.

 

The locations of the padmount substations have been determined by Integral in conjunction with Council’s Parks Construction and Maintenance Department.  Environmental considerations were addressed in determining the locations particularly with respect to Council facilities and the residential dwellings near the sites.

 

Notification to adjoining residents of the upgrade and proposed installation of the padmount substations was carried out by Integral by way of a letter box drop at the end of May 2008.  No responses were advised by Integral.

 

Council notification letters were also sent to the owners in the vicinity of the three sites with no replies received.

 

Council’s land is classified as “community” land under the Local Government Act 1993 and the easements will have little detrimental effect on the use as public reserves.

 

Compensation has been offered by Integral Energy in the amount of $5,500 (excluding GST) for each of the three easements based on valuations by an independent valuer of similar sites in other local government areas.  The amount is considered to be fair and reasonable.

 

Integral Energy will be responsible for all reasonable costs associated with the creation of the easement such as survey and legal expenses.

 

Summary

 

The easements required by Integral are as follows:

 

1.       Lot 1190 DP 801781, Mozart Place, Cranebrook.  Easement for underground cables 1 metre wide along the western boundary from Mozart Place to Andromeda Drive.

 

2.       Lot 996 DP 803591, Andromeda Drive, Cranebrook.  Easement for padmount substation 2.75 x 5.5 metres.

 

3.       Lot 245 DP 816745, Goldmark Crescent, Cranebrook.  Easement for padmount substation 2.75 x 8 metres.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Property - Electricity Easements over Three Public Reserves within Cranebrook be received

2.     Council grant Integral Energy an easement for underground cables 1 metre wide over Lot 1190 DP 801781, Mozart Place, Cranebrook.  Council accept compensation in the amount of $5,500 plus GST.

3.     Council grant Integral Energy an easement for padmount substation 2.75 x 5.5 metres over Lot 996 DP 803591, Andromeda Drive, Cranebrook.  Council accept compensation in the amount of $5,500 plus GST.

4.     Council grant Integral Energy an easement for padmount substation 2.75 x 8 metres over Lot 245 DP 816745 Goldmark Crescent, Cranebrook.  Council accept compensation in the amount of $5,500 plus GST.

5.     Integral Energy to bear all reasonable costs associated with the granting of the easements.

6.     The Common Seal of the Council of the City of Penrith be placed on all necessary documentation.

 

ATTACHMENTS/APPENDICES

1. View

Council Property - Electricity Easements over Three Public Reserves within Cranebrook.

1 Page

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Council Property - Electricity Easements over Three Public Reserves within Cranebrook.

 

 

 

 

 


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

10

WSROC Group Tender Reference WR01-08/09 for the provision of Pavement Marking Services   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Authorised by:             Gowry Gowrythasan, Acting City Works Manager   

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

Critical Action: Implement leading practice procurement policies.

     

Purpose:

To advise Council on the outcome of a joint tender for the provision of pavement marking services on an "as required" basis for a period of 2 years with an option to extend the agreement for a further 2 x 1 year periods subject to satisfactory performance with provision for rise & fall. The report recommends that Gumbay Holdings Pty trading as Avante Line Marking Services is appointed as the preferred contractor and that Combined Traffic Management Pty Ltd and Menai Line Marking Services Pty Ltd be appointed as the second and third back up contractors respectively.

 

Background

The Western Sydney Regional Organisation of Councils Supply Management Group (WSROC SMG) has been active in calling on behalf of the member Councils for common use products and services to take advantage of greater buying power through increased usage volumes. These group supply arrangements also assist Councils by minimising tender administration costs.

 

Pavement Marking Services was highlighted as a proposed project for 2008 at the SMG annual planning day held in February 2008.

 

Tenders for the provision of Pavement Marking Services were advertised in the Sydney Morning Herald, WSROC e tendering web site and local press on 23rd September 2008 and closed on 28th October 2008.

 

The following member Council’s confirmed their participation in the tender;

 

Penrith City Council (existing Contract expires 28th February 2009)                     

Auburn Council                                

Liverpool City Council

Fairfield City Council

 

The following Council’s are still under existing contracts and will have the option to participate following the expiry of existing contracts.

 

 

Bankstown City Council

Hills Shire Council                            

Parramatta City Council

Blue Mountains City Council                      

Blacktown City Council

Hawkesbury City Council

Holroyd City Council

 

Tender Process

 

Input to the tender documents was solicited from all participating Councils and the final specification was determined following the responses received. The tender documents were formulated using standard pro forma documents.

 

All prospective tenderers were required to attend a pre-tender briefing held at Penrith City Council on 7th October 2008. Minutes of the briefing were circulated to all tenderers via an addendum to the tender.

 

The pre tender briefing covered key technical aspects of the requirements and provided tenderers with more detailed instructions on how to complete and lodge electronic responses.

 

It was indicated in the tender documents that WSROC may select one or more companies to provide the services.

 

Validity Period

 

The original tender validity period for this tender is due to expire on 29/1/09. As we will be unable to meet this deadline all tenderers were requested to provide an extension until 31 March 2009. All tenderers agreed to this request.

 

Evaluation Committee

 

The Evaluation Committee comprised the following

·    Danny Lynn-Auburn Council

·    Mal Ackerman-Penrith City Council

·    Rebecca McCaskill (since resigned from Penrith City Council)

 

Input to the technical aspects of the evaluation was provided by Penrith City Council’s Acting City Works Manager Gowry Gowrythasan

 

Evaluation Criteria

 

The evaluation criteria included in the tender documents and used in determining the best value for money tender(s) was as follows:

 

General Criteria

 

Tenderer’s Details

·    Profile

·    Contact Details

·    Business references

Commercial Requirements

·    Critical Assumptions

·    Conforming Requirements

·    Conflict of Interest

·    Insurance

·    Required Declaration Response

·    Compliance Statements

·    Capability assessment

Scope of Requirements

·    Technical Requirement

·    Demonstrated Ability

·    Personnel Capability

·    Company Capability

·    Response Times

Pricing

·    Unit Rates and Prices

·    Minimum Order Quantities

·    Early Payment Incentives

·    Volume Rebates

Business

·    Financial Viability

·    Business Record

·    Industrial Relations

Management and Administration

·    Reporting Capabilities

·    Occupational Health & Safety Management

·    Quality Assurance Management

·    Environmental Management

 

Tenders Received

 

The following responses were received prior to the close of tenders. All companies who responded attended the mandatory pre-tender briefing

 

·    Atlantis Group of Companies Pty Ltd

·    Combined Traffic Management Pty Ltd

·    Complete Linemarking Services Pty Ltd

·    Gumbay Holdings Pty Ltd T/A Avante Linemarking

·    Longlife Line Marking Pty Ltd

·    Menai Linemarking Services (A Division of Workforce International)

·    PCK Australia

·    Santana Line Marking Services

·    Transfield Services (Australia) Pty Limited

 

 

 

 

Cost Evaluation

 

The units rates tendered from each company were annualised based on Penrith City Council usage volumes calculated over a 12 month period.

 

At the time of tender issue no other participating Council’s were able to provide any historical details of usage.

 

The following table shows the ranking by annualised cost for each of the tenderers.

 

VENDOR

COST

Combined Traffic Management Pty Ltd

$184,419.36

Gumbay Holdings Pty Ltd T/A Avante Linemarking

$191,521.39

Longlife Line Marking Pty Ltd

$208,668.96

Transfield Services (Australia) Pty Limited

$217,330.16

Menai Linemarking Services (A Division of Workforce International)

$219,764.01

Complete Linemarking Services Pty Ltd

$226,401.89

Santana Line Marking Services

$242,143.69

Atlantis Group of Companies Pty Ltd

$257,675.89

PCK Australia

$591,493.24

 

Based on the initial assessment of the tendered rates and compliance criteria, PCK Australia, Santana Line Marking Services and Atlantis Group of Companies Pty Ltd were excluded from the evaluation of tenders due to the high tendered rates and lack of compliance, and it was determined by the Committee that there would be no advantage in further considering these tenders.

 

Rebates

 

All tenderers were requested to provide details of any group volume rebates based on aggregated group annual spend. This is an incentive scheme to encourage all Councils to actively participate in the new arrangements.

 

The table below shows the level of rebates offered from each tenderer based on a forecasted combined annual expenditure of $800,000. Of the short listed companies only Menai Linemarking Services (A Division of Workforce International) and Gumbay Holdings Pty Ltd T/A Avante Linemarking offered a volume rebate.

 

The rebates offered by those companies not short listed were not significant enough to alter the final price ranking.

 

VENDOR

Rebate

Combined Traffic Management Pty Ltd

Nil

Gumbay Holdings Pty Ltd T/A Avante Linemarking

1.8%

Longlife Line Marking Pty Ltd

3.0%

Transfield Services (Australia) Pty Limited

To be negotiated

Menai Linemarking Services (A Division of Workforce International)

3.5%

Complete Linemarking Services Pty Ltd

Nil

Santana Line Marking Services

1.2%

Atlantis Group of Companies Pty Ltd

Nil

PCK Australia

Nil

 

Compliance Evaluation

 

Following the compliance evaluation against the evaluation criteria Long Life Line Marking Pty Ltd were excluded from final evaluation as they were unable to demonstrate their capacity and capability in meeting the Scope of requirements.

 

Complete Line Marking was not short listed either due to a combination of the high tender prices and low level of compliance and it was considered by the Committee that there would be no advantage in further considering their tender.

 

Combined Traffic Management Pty Ltd

 

Although their compliance rating was not as high as the other short listed companies they were included in the short list based on the rates tendered and demonstrated value for money.

The response times are significantly longer than those offered by Gumbay Holdings Pty Ltd trading as Avante Linemarking (7 days against 24 hours).

 

Gumbay Holdings Pty Ltd T/A Avante Linemarking

 

Demonstrated a high level of compliance along with the capacity to meet all of the specified requirements and were short listed. This company has a proven industry track record and is well equipped to service a contract of this size and are based in St Marys.

 

Transfield Services (Australia) Pty Limited

 

Also demonstrated a high level of compliance along with the capacity to meet the specified requirements and were short listed. It must be noted that Transfield Services (Australia) Pty Limited have indicated that a subcontractor will perform all of the specified services on their behalf.

 

Menai Linemarking Services (A Division of Workforce International)

 

Also demonstrated a high level of compliance/capacity and were short listed.

 

Based on the compliance ranking and overall value for money the following Tenderers were short listed for further evaluation in respect of referee checks and financial health checks.

 

·    Gumbay Holdings Pty Ltd trading as Avante Linemarking

·    Menai Linemarking Services (A Division of Workforce International)

·    Transfield Services (Australia) Pty Limited

·    Combined Traffic Management

Referee Checks

 

Referee checks were conducted on the short listed companies in each case two referees were contacted. All Referees contacted gave positive feedback on the overall service, capability, quality of workmanship and performance.

 

Financial Analysis

 

Financial assessments were carried out on each of the recommended tenderers by Dunn & Bradstreet in each case the results indicate that all companies recommended were financially sound with minimal or zero risk.

 

Summary

 

The rates offered by Gumbay Holdings Pty Ltd trading as Avante Linemarking met all of the necessary requirements. When compared to the current contract rates for Penrith represent an overall reduction of 22% and are recommended by the Evaluation Committee as the preferred Contractor.

 

Although Combined Traffic Management rates are marginally lower than those offered by Gumbay Holdings Pty Ltd trading as Avante Linemarking, the overall difference is minimal when taking into account the volume rebate.

 

Although Combined Traffic Management has only been in operation since 2008 and the range of plant & equipment is minimal they would be suitable as a support contractor for this service. Combined Traffic Management represent value for money when compared to the other short listed tenderers and are therefore ranked second by the Evaluation Committee ahead of Menai Linemarking Services and Transfield (Services Australia) Pty Ltd.

 

Menai Linemarking Services (a Division of Workforce International) have the proven capability in providing the services required and the rates offered were considered competitive and have been ranked third by the Evaluation Committee.

 

Menai Linemarking also represents better value for money than Transfield Services (Australia) Pty Ltd when taking into account the volume rebate and the fact that Transfield Services (Australia) Pty Ltd have nominated a sub contractor to perform the required services.

 

The final panel of Contractors recommended to provide the specified services are as follows;

·    Gumbay Holdings Pty Ltd trading as Avante Linemarking (Preferred Contractor)

·    Combined Traffic Management (Ranked 2nd)

·    Menai Linemarking Services (a Division of Workforce International)

 

The final recommendations as noted in this report were endorsed by the WSROC Supply Management Group at their general meeting held on 11th February 2009.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on WSROC Group Tender Reference WR01-08/09 for the provision of Pavement Marking Services be received

2.     Gumbay Holdings Pty Ltd trading as Avante Linemarking be appointed as the Preferred Contractor for all Pavement Marking Services on an as required basis for an initial period of 2 years with an option to extend the agreement for a further 2 x 1 year periods(subject to satisfactory performance) with provision for rise & fall.

 

3.     Combined Traffic Management and Menai Linemarking Services (A Division of Workforce International) be appointed as the second and third back up contractors respectively.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

11

WSROC Group Tender Reference WR03-08/09 for the Supply & Delivery of Road Traffic Signs and associated hardware.   

 

Compiled by:                Mal Ackerman, Supply Co-ordinator

Authorised by:             Gowry Gowrythasan, Acting City Works Manager   

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

Critical Action: Implement leading practice procurement policies.

     

Purpose:

To advise Council on the outcome of a joint tender for the supply & delivery of road traffic signs and associated hardware on an "as required" basis for a period of 3 years with an option to extend the agreement for a further 2 x 1 year periods subject to satisfactory performance with provision for rise & fall. The report recommends that Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions is  appointed as the preferred contractor.

 

Background

The Western Sydney Regional Organisation of Councils Supply Management Group (WSROC SMG) has been active in calling group tenders on behalf of the member Councils for common use products and services to take advantage of greater buying power through increased usage volumes. These group supply arrangements also assist Councils by minimising tender administration costs

 

The previous group Contract for these goods expired on 1st January 2008.  The WSROC SMG did not immediately call new tenders as Local Government Procurement (LGP) was in the process of tendering for similar products.

 

Unfortunately only one tenderer submitted a response to the LGP tender and it could not be satisfactorily established that the prices offered were competitive at the time.

  

As a result of the outcome of the LGP Tender, WSROC SMG decided to run its own tender process rather than use the prospective LGP Contract.

 

Tender WR03-08/09 Supply of Traffic Road Signs & associated hardware was advertised in the Sydney Morning Herald and the e tendering web site on 16th September 2008 and closed on 15th October 2008. 

 

Tender Process

 

Input to the tender documents was solicited from all participating Councils and the final specification was determined following the responses received.  

 

The tender documents were formulated using standard pro forma documents and tenderers were required to submit a response on the forms provided. This is a unit price contract with no committed volumes.

 

Tenderers were required to provide unit prices for a select number of items representing the range of signs and associated hardware used over a period of 12 months (Basket of Goods). It was proposed in the tender documents that the WSROC SMG will select a preferred tenderer to supply all items and that goods will be ordered on an as required basis during the term of the agreement with no firm committed volumes.

 

All prospective tenderers were required to attend a pre-tender briefing. The pre-tender brief was held at Bankstown City Council on 24th September 2008.  This covered aspects of the requirements and provided tenderers with more detailed instructions on how to complete and lodge electronic responses.  Minutes of the briefing were circulated to all tenderers via an addendum to the tender.

 

Validity Period

 

The original tender validity period for this tender expired on 15th January 2009. As the evaluation process could not be completed by this time all tenderers were requested to provide an extension until 15th March 2009. All tenderers agreed to this request.

 

Evaluation Criteria

 

The evaluation criteria included in the tender documents and used in determining the best value for money tender were as follows:-

·    Demonstrated ability in the manufacture, supply and delivery of the specified products

·    Delivery times & product distribution

·    Demonstrated Compliance with Minimum Specified Requirements.

·    Sustainable Products

·    The unit rates offered

·    Payment terms

·    Rise & Fall provisions

·    Volume rebates

·    Industrial relations

·    Financial capability

·    Business Record

·    Occupational Health & Safety and Public Liability Management.

·    Quality Assurance.

·    Environmental Management

·    Office support systems and personnel

·    Reporting

 

Evaluation Committee

 

The Evaluation Committee comprised the following:

Bruce Aitken (Bankstown City Council), Cathy Dizon (Bankstown City Council), Paul Barber (Hawkesbury City Council) and Mal Ackerman (Penrith City Council).

 

Tenders Received

 

The following responses were received prior to the close of tenders. All companies who responded attended the mandatory pre-tender briefing.

 

Artcraft Pty Ltd

DeNeefe Signs Pty Ltd

Hunter Valley Signs Pty Ltd

Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions

Marketrend Australia Pty Ltd trading as Reinbrant Signs

 

Short listing of Tenders

 

Marketrend Australia Pty Ltd (Reinbrant Signs) was not given further consideration as they were unable to offer for the range of products specified in particular they did not offer any associated sign hardware items.

 

The remaining four tenders were fully evaluated.

 

Compliance Evaluation

 

Each of the criteria specified in the tender documents were given weightings depending on the level of importance, all weightings were determined by the Evaluation Committee prior to the close of tenders.

 

All of the remaining tenderers demonstrated a high level of compliance against the evaluation and all were considered capable of meeting the specified requirements and were ranked in the following order highest to lowest based on their final score after the applied weightings:

 

 

Tenderer

Compliance Ranking

Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions

1

Artcraft Pty Ltd

2

Hunter Valley Signs Pty Ltd

3

DeNeefe Signs Pty Ltd

4

 

Cost Evaluation

 

All tender responses were annualised based on the estimated usage for each item specified in the “basket of goods” and the tendered unit prices.

 

The table below shows the estimated annual cost for the short listed tenderers in order of lowest to highest:-

 

 

Tenderer

Estimated cost of basket pa (all WSROC)

Road Signs and Marking Supplies Pty Ltd

$447,755.36

Artcraft Pty Ltd

$452,142.23

DeNeefe Signs Pty Ltd

$486,202.45

Hunter Valley Signs Pty Ltd

$498,068.30

 

Rebates

 

Tenderers were requested to indicate if they were prepared to offer a volume rebate based on an annual range of collective purchase values.

 

As the combined annual expenditure for all Councils is expected to exceed $1m (previous 12 month expenditure was $1.2m) the relevant rebates stated in the table below have already been calculated into the annualised cost.

 

Volume rebates offered by each short listed tenderer are as follows:

 

Artcraft Pty Ltd.

 

1) If minimum annual purchase from WSROC councils exceeds

$      

700,000

1.0%

2) If minimum annual purchase from WSROC councils exceeds

800,000

2.0%

3) If minimum annual purchase from WSROC councils exceeds

900,000

2.5%

4) If minimum annual purchase from WSROC councils exceeds

1,000,000

3.0%

 

DeNeefe Signs Pty Ltd

 

1) If minimum annual purchase from WSROC councils exceeds

 0-

0%

2) If minimum annual purchase from WSROC councils exceeds

 200,000

2%

3) If minimum annual purchase from WSROC councils exceeds

 600,000

3%

4) If minimum annual purchase from WSROC councils exceeds

 1,000,000

5%

 

Hunter Valley Signs Pty Ltd

 

1) If minimum annual purchase from WSROC councils exceeds

1

2%

2) If minimum annual purchase from WSROC councils exceeds

100,000

2.5%

3) If minimum annual purchase from WSROC councils exceeds

250,000

3%

4) If minimum annual purchase from WSROC councils exceeds

500,000

3.5%

5) If minimum annual purchase from WSROC councils exceeds

1,000,000

4%

 

Road Signs and Marking Supplies Pty Ltd

 

1) If minimum annual purchase from WSROC councils exceeds

1

1.5%

2) If minimum annual purchase from WSROC councils exceeds

1,200,000

2%

 

 

 

Summary

 

Based on the compliance ranking and overall value for money, it is recommended that the tender from Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions be accepted.  

 

The present level of expenditure for these products at Penrith City Council is approximately $240,000 annually. Based on the new tendered rates the new arrangement will represent a slight increase of 2% when compared to the previous contract rates in real terms.  This still represents a saving when compared to the CPI average of 4% for the preceding 12 months.

 

Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions have a proven track record and have been providing similar products to WSROC Councils over a period of 5 years.  

 

The recommendation to appoint Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions as the preferred supplier was endorsed by the WSROC Supply Management Group at their general meeting held on 11th February 2009.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on WSROC Group Tender Reference WR03-08/09 for the Supply & Delivery of Road Traffic Signs and associated hardware. be received.

2.     Road Signs and Marking Supplies Pty Ltd trading as Road Management Solutions be appointed as the preferred Supplier of Road Traffic Signs and associated hardware for a period of 3 years with an option to extend the arrangements for a further 2x 1 year periods subject to satisfactory performance with provision for rise & fall.  

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting

23 February 2009

Leadership and Organisation

 

 

Leadership and Organisation

 

 

12

Summary of Investments & Banking for the period 1 January 2009 to 31 January 2009.   

 

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 January 2009 to 31 January 2009, and a Reconciliation of Invested Funds at 31 January 2009. The report recommends that the information contained in the report be received.

 

Background

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 January 2009.

Vicki O’Kelly

Responsible Accounting Officer

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments & Banking for the period 1 January 2009 to 31 January 2009. be received

2.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 January 2009 to 31 January 2009 be noted and accepted

3.     The graphical investment analysis as at 31 January 2009 be noted.

 

ATTACHMENTS/APPENDICES

1. View

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting

23 February 2009

Appendix 1 - Summary of Investments

 

 

 




  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Urgent Reports

 

MASTER PROGRAM REPORTS

 

CONTENTS

 

Item                                                                                                                                       Page

 

13      Development Application DA08/1223 - Proposed Erection of Seven (7) Campus Accommodation Buildings with an associated Common Room facility - Lot 2 DP 1130750 (No. 56) Second Avenue, Kingswood. Applicant: Hassell Ltd;  Owner: University of Western Sydney

 

14      The Australian Chapter of the Alliance for Healthy Cities - National Conference 25 - 27 March 2009 - Surfers Paradise

 

 


Ordinary Meeting - Urgent Report

23 February 2009

The City as a Social Place

 

 

The City as a Social Place

 

 

13

Development Application DA08/1223 - Proposed Erection of Seven (7) Campus Accommodation Buildings with an associated Common Room facility - Lot 2 DP 1130750 (No. 56) Second Avenue, Kingswood  Applicant:  Hassell Ltd;  Owner:  University of Western Sydney    

 

Compiled by:                Steven Chong, Senior Environmental Planner

Authorised by:             Paul Lemm, Development Services Manager   

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

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

     

Purpose:

To enable Council to determine the subject Crown Development Application which proposes the erection of seven (7) campus accommodation buildings at the UWS Kingswood Campus. The subject application is considered satisfactory and is recommended for approval subject to conditions.

 

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.

 

Background

Council is in receipt of a Crown Development Application which proposes the erection of campus accommodation bui