16 November 2011

 

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 21 November 2011 at 7:30PM.

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

Yours faithfully

 

Craig Butler

Acting General Manager

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Robert Ardill - 20 November 2011 to 21 December 2011 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 7 November 2011.

 

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 COUNCIL

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 7 November 2011.

Policy Review Committee Meeting - 14 November 2011.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 21 November 2011

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

STATEMENT OF RECOGNITION OF PENRITH CITY’S ABORIGINAL AND TORRES STRAIT ISLANDER CULTURAL HERITAGE

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



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

 

 

 

Director
Craig Butler

 

 

Director
Barry Husking

 

 

 

General Manager
Alan Stoneham

His Worship the Mayor
Councillor
Greg Davies
East Ward

 

Senior Governance Officer
Glenn Schuil

 

 

Minute Clerk

 

 

 

 

 
 

 

 

 

 

 

 

 


 

 


                                                        

 

 

Text Box: Public Gallery
Text Box: Managers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Group Managers                           

                
          

 
   


B&WHORIZ

2011 MEETING CALENDAR

January 2011 - December 2011

(adopted by Council on 29 November 2010, amended by Council on 28 February 2011, revised March 2011)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

7

 

11v

2

 

 

15#@

5ü

10

7

12

(7.00pm)

 

28#@

21

 

30#*

27

18

 

19^

(7.00pm)

 

21#

 

Policy Review Committee

7.30pm

 

 

14

4

9

6

4

1

 

 

14

5

31

21

 

 

 

 

 

22

26

31

 

 

Operational Plan Public Forum

 

6.00pm

 

 

 

 

Wed

4

 

 

 

 

 

 

 

 

 v

Meeting at which the Draft Operational Plan for 2011-2012 is adopted for exhibition

 *

Meeting at which the Operational Plan for 2011-2012 is adopted

 #

Meetings at which the Operational Plan quarterly reviews are presented

 @

Delivery Program progress reports

 ^

Election of Mayor/Deputy Mayor

 ü

Meeting at which the 2010-2011 Annual Statements are presented

 

Meeting at which any comments on the 2010-2011 Annual Statements are presented

-           Extraordinary Meetings are held as required.

-           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 Senior Governance Officer, Glenn Schuil.

 


UNCONFIRMED MINUTES

 OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 7 NOVEMBER 2011 AT 7:37PM

His Worship the Mayor, Councillor Greg Davies read Mayoral Minute 5 concerning Honouring Lance Corporal Luke Gavin. 

Following the reading of Mayoral Minute 5, a one minute silence was observed.

 

MAYORAL MINUTES

 

5        Honouring Lance Corporal Luke Gavin                                                                         

284  RESOLVED on the MOTION of the Mayor, Councillor Greg Davies seconded Deputy Mayor, Councillor Jackie Greenow that the Mayoral Minute on Honouring Lance Corporal Luke Gavin be received.

NATIONAL ANTHEM 

Following the reading of Mayoral Minute 5, the National Anthem was played.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 10 October 2011 to 8 November 2011 inclusive.

APOLOGIES

285  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Jackie Greenow that an apology be received from Councillor Kevin Crameri OAM.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 10 October 2011

286  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee that the minutes of the Ordinary Meeting of 10 October 2011 be confirmed.

 DECLARATIONS OF INTEREST

Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 5 Caddens Voluntary Planning Agreement, as he owns property in the subject area and therefore will leave the Chambers during the consideration of the item and take no part in the consideration of the report.

Councillor Tanya Davies declared a Non-Pecuniary Interest – Less Than Significant in Item 5 Caddens Voluntary Planning Agreement, as her parents live within the vicinity of the subject area identified in the report.

SUSPENSION OF STANDING ORDERS

287  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Ross Fowler OAM that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:43pm.

 

Mr Ben Williams

 

Item 8 – Assessment for the proposed closure of Maurice Lane, St Clair

 

Mr Williams (and on behalf of Mr Abhinash Nand and Mr Douglas Young), affected residents, spoke in support for the recommendation contained in the report and outlined the many issues and anti-social behaviour that occur in Maurice Lane. Mr Williams indicated that his family and the local residents have lived with the issues for a number of years and were hopeful that Council would close the Lane. The issues he outlined included the inappropriate disposal of syringes in and around Maurice Lane, malicious damage occurring in and around Maurice Lane, trail bikes using Maurice Lane and intruders trespassing and breaking and entering. Mr Williams concluded that the closure of Maurice Lane would only cause a small inconvenience to the community.

 

Ms Amanda Rudolf

 

Item 7 – Sports Donations and Travel Assistance

 

Ms Rudolf, representing Nepean Creative and Performing Arts High School, spoke in support for the recommendation contained in the report and provided a brief outline on the events that occurred during the Western Sydney Regional Cultural Tour of China. Ms Rudolf expressed her thanks to Council and Mr Andrew Robinson who helped organise the funding through Council, for the generous donation given to each of the 8 students who as part of the Cultural Tour, performed in Shanghai, Huangpo and Ningbo.

 

RESUMPTION OF STANDING ORDERS

288  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that Standing Orders be resumed, the time being 7:52 pm.

 

 

 

 

Mayoral Minutes

 

1        Council wins prestigious award for risk management excellence                                 

289  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Council wins prestigious award for risk management excellence be received.

 

Councillors Jackie Greenow and Ross Fowler OAM a spoke in support of the Mayoral Minute and congratulated the staff, Ken Muir and Council’s team. Councillor Jackie Greenow also congratulated Councillor Ross Fowler OAM on his Chairmanship of Westpool. 

 

2        Sydney Architecture Festival in Penrith a success                                                          

290  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ben Goldfinch that the Mayoral Minute on Sydney Architecture Festival in Penrith a success be received.

 

Councillor Ben Goldfinch spoke in support of the Mayoral Minute and congratulated the Council’s Events Team.

 

3        Councillor Karen McKeown re-elected to Local Government Association of NSW   

291  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow that the Mayoral Minute on Councillor Karen McKeown re-elected to Local Government Association of NSW be received.

 

Councillors Jackie Greenow and John Thain spoke in support of the Mayoral Minute and offered their congratulations to Councillor Karen McKeown on her re-election to the Executive.

 

4        Outstanding Service Awards                                                                                            

292  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM that the Mayoral Minute on Outstanding Service Awards be received.

 

Councillors Jim Aitken OAM, Ben Goldfinch, Jackie Greenow, John Thain and Tanya Davies all spoke in support of the Mayoral Minute and congratulated Councillor Ross Fowler OAM and his family on his dedication and self-sacrifice to the Penrith community.

 

 

Reports of Committees

 

1        Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 28 September 2011                                                                                

293  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 28 September, 2011 be adopted.

 

2        Report and Recommendations of the Access Committee Meeting held on 5 October 2011  

294  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 5 October, 2011 be adopted.

 

3        Report and Recommendations of the Local Traffic Committee Meeting held on 10 October 2011                                                                                                                                     

295  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 10 October, 2011 be adopted.

 

4        Report and Recommendations of the Policy Review Committee Meeting held on 31 October 2011                                                                                                                                     

296  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Ben Goldfinch that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 31 October, 2011 be adopted.

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

297  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Karen McKeown that Items 7, 8 and 9 be dealt with first.

 

 

A Liveable City

 

7        Sports Donations and Travel Assistance                                                                         

298  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marko Malkoc that the information contained in the report on Sports Donations and Travel Assistance be received.

 

9        Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys                                                                                                                                  

299  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Marko Malkoc

That:

1.         The information contained in the report on Tender Reference 11/12-01, Mechanical Services Upgrade at 207-209 Queen Street, St Marys be received         and noted.

2.     A contract be entered into with Haden Engineering Pty Ltd for the tendered lump sum price of $523,465 (ex GST) for the upgrade of Mechanical Services at 207209 Queen Street, St Marys.

 

8        Assessment for the proposed closure of Maurice Lane, St Clair                                   

300  RESOLVED on the MOTION of Councillor Tanya Davies seconded Councillor Jim Aitken OAM

That:

1.     The information contained in the report on Assessment for the proposed closure of Maurice Lane, St Clair be received.

2.     Maurice Lane be physically closed through the installation of suitable fencing and gates.

3.     The option of sale to adjoining property owners be made available should interest be shown in the future.

 

 

Councillor Tanya Davies left the meeting, the time being 8:16pm.

 

Councillor Tanya Davies returned to the meeting, the time being 8:17pm. 

 

A Leading City

 

1        Audit Committee                                                                                                                

301  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Jackie Greenow that the information contained in the report on Audit Committee be received.

 

2        Impact of Carbon Tax on Council and Penrith LGA                                                    

A MOTION was moved by Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM

That:

1.             The information contained in the report on Impact of Carbon Tax on              Council and Penrith LGA be received and noted.

                   2.       Council write to the Federal Member of Lindsay and to the Prime Minister                        expressing Council’s opposition to the Carbon Tax in its present form and                         requesting that the Government honour their previous pre-election                                       commitment that no Carbon Tax would be introduced.                                               

302  An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Karen McKeown that the information contained in the report on Impact of Carbon Tax on Council and Penrith LGA be received and noted.

 

The AMENDMENT was PUT.

 

 

 

 

 

 

Councillor Ross Fowler OAM called for a DIVISION.

For

Against

 

Councillor Kaylene Allison

Councillor Jim Aitken OAM

Councillor Prue Guillaume

Councillor Ross Fowler OAM

Councillor Greg Davies

Councillor Robert Ardill

Councillor Kath Presdee

Councillor Tanya Davies

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor John Thain

Councillor Jackie Greenow

Councillor Marko Malkoc

 

 

 

The AMENDMENT became the SUBSTANTIVE MOTION.

The MOTION was PUT.

The MOTION was CARRIED.

Councillor Ross Fowler OAM called for a FURTHER DIVISION.

For

Against

 

Councillor Kaylene Allison

Councillor Jim Aitken OAM

Councillor Prue Guillaume

Councillor Ross Fowler OAM

Councillor Greg Davies

Councillor Robert Ardill

Councillor Kath Presdee

Councillor Tanya Davies

Councillor Karen McKeown

Councillor Ben Goldfinch

Councillor John Thain

 

Councillor Marko Malkoc

 

Councillor Jackie Greenow

 

 

3        Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility                                           

303  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marko Malkoc That:

1.     The information contained in the report on Council Property - Leasing of Vacant "Community" Land to Nepean Blue Mountains Local Health District for Temporary Car Parking Facility be received.

2.     Council approve leasing of Lots 137, 138, 139 & part of 140 in DP14333 on the corner of Rodgers & Somerset Streets, Kingswood to Nepean Blue Mountains Local Health District in accordance with the terms and conditions set out in the report.

3.     Council undertake construction of the temporary car park facility, with full cost of works being paid for by NBM LHD.

4.     NBM LHD ensure that a sign is erected on site, for the period of the lease, advising the public of the temporary nature of the carpark and the associated timeframes. Location and wording to be determined in consultation with Council.

5.     NBM LHD remove the car park and restore the land to its natural state at the end of the temporary leasing period at their cost.

6.     NBM LHD provide additional embellishment works on the “Community” land to enhance the land as compensation for use of the land.

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

 

4        2011 Local Government Association Annual Conference                                             

304  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Kath Presdee

That:

1.     The information contained in the report on 2011 Local Government Association Annual Conference be received.

2.     A letter of appreciation be sent by the Mayor to the Chairperson of the Deerubbin Local Aboriginal Land Council thanking the DLALC for their attendance and support at the 2011 Local Government Association Conference.

3.     Council write to the Local Government Association and advise of  the Council’s disappointment that the General Business motions were in the main not dealt with due to the lack of time and scheduled days for debate and that  this could be perceived as an attempt to restrict debate. Council request that the Local Government Association Conference Agenda be altered in the future to allow sufficient time on Monday and Tuesday for motions to be dealt with.

 

A City of Opportunities

 

Having previously declared a Pecuniary Interest in Item 5, Councillor Jim Aitken OAM  left the meeting, the time being 9:00pm.

 

5        Caddens Voluntary Planning Agreement                                                                       

 

305  RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Karen McKeown

That:

1.     The information contained in the report on Caddens Voluntary Planning Agreement be received.

2.     Council enter into a Voluntary Planning Agreement with Landcom in relation to Caddens and subject to the negotiated arrangements for security.

3.     Council accept Treasury Bonds as a security for payments owing under this or any future Voluntary Planning Agreements or Development Consents.

4.     The revised Caddens Voluntary Planning Agreement be publicly notified for at least 28 days in accordance with the requirements of the Environmental Planning & Assessment Act and Regulations 1979, as amended.

5.     Upon conclusion of the Notification period, the Voluntary Planning Agreement be entered into.

6.     The signed Voluntary Planning Agreement be forwarded to the Director General of Planning and Infrastructure for record keeping purposes.

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

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

 

Councillor Jim Aitken OAM, returned to the meeting, the time being 9:02pm.

 

6        Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair Applicant: Cityscape Planning and Projects;  Owner: F & L Russo Pty Ltd C/- Pullman Williams                                     

306  RESOLVED on the MOTION of Councillor Jackie Greenow seconded Councillor Marko Malkoc

That:

1.     The information contained in the report on Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair be received.

2.     The Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 be approved by deleting the following conditions:

·    Condition No.2. - This consent is limited to a period of 24 months from the date of this consent. Prior to the expiry date of this consent, the applicant will be required to submit an application for any continuance of the use.

 

·     Condition No.8. - Prior to the issue of Occupation Certificate, a detailed Security Management Plan is to be provided for Council’s consideration.

The Security Management Plan is to contain the following information:

 

·        The use of CCTV systems. CCTV cameras must be provided covering the entry/exit points and the internal and external layout of the outlet. Cameras should be of a high quality to enable facial recognition) in the event that footage is required for police/investigative purposes. Policies are to be in place in relation to the operation and maintenance of the cameras, retaining of footage/images captured, and response to police requests for footage. 

 

·        A back-to-base intruder alarm system must be installed in the premises.

 

·        Procedures to prevent alcohol-related antisocial behaviour and loitering around the outlet and adjacent car park and bus stop area.

 

·        Cash Handling procedures

 

·        Staff procedures to respond to an armed hold-up/robbery.

 

·        Incident reporting procedures to document any occurrences of anti-social behaviour, to ensure that the relevant authority is informed and to record what action was taken to prevent the incidents reoccurrence.

 

·        All incidents of crime and anti-social behaviour and/or suspicious behaviour are to be reported to the Police.

 

3.     Those who made submissions be notified of the determination.

An AMENDMENT was moved by Councillor Tanya Davies seconded by Councillor Robert Ardill

 

          That:

 

1.     The information contained in the report on Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 Lot 41 DP 610847 (No. 31) Moore Street, St Clair be received.

2.     The Section 96(1A) Application to Modify Development Consent 11/0235 to remove Condition No. 2 be declined.

3.     Those who made submissions be notified of the determination.

 

 

307  A FURTHER AMENDMENT was moved by Councillor Ross Fowler OAM seconded Councillor Jackie Greenow that consideration of this matter be deferred to allow for more clarification on the Report, including Condition No. 2.

The Mover and Seconder of the original AMENDMENT agreed to the FURTHER AMENDMENT and withdrew the ORIGINAL AMENDMENT.

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

For

Against

 

Councillor Kaylene Allison

 

Councillor Prue Guillaume

 

Councillor Karen McKeown

 

Councillor Kath Presdee

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Jackie Greenow

 

Councillor Marko Malkoc

 

Councillor Jim Aitken OAM

 

Councillor Ross Fowler OAM

 

Councillor Robert Ardill

 

Councillor Ben Goldfinch

 

Councillor Tanya Davies

 

The FURTHER AMENDMENT became the SUBSTANTIVE MOTION.

The MOTION was PUT.

The MOTION was CARRIED.

 

 

A Vibrant City

 

10      Transportation of restricted solid waste to SITA landfill facility

The Deputy Mayor, Jackie Greenow took the Chair, to enable His Worship the Mayor, Councillor Greg Davies to take part in the debate on Item 10, the time being 9.39 pm.

 

308  A MOTION was moved by Councillor Prue Guillaume seconded by Councillor Kath Presdee

That:

1.             The information contained in the report on Transportation of restricted solid waste to SITA landfill facility be received.

2.             Council oppose the transportation of any waste from the site at Hunters Hill to the SITA landfill facility at Kemps Creek.

3.             A further urgent report be presented to Council detailing Council’s interpretation on the new information received from the NSW State Property Authority and SITA detailing answers to questions raised by Council’s officers regarding the transportation of restricted solid waste to the SITA landfill facility at Kemps Creek.

4.             An urgent meeting be arranged with the Minister for Financial Services and NSW State Property to discuss Council’s concerns with the proposed transportation of restricted solid waste to the SITA landfill facility.

An AMENDMENT was PUT by Councillor Tanya Davies seconded by Councillor Robert Ardill

That:

1.             The information contained in the report on Transportation of restricted solid waste to SITA landfill facility be received.

2.             Council oppose the transport of the radioactive component of waste from the Hunters Hill landfill facility to the SITA landfill  facility at Kemps Creek.

 

The AMENDMENT was WITHDRAWN by the Mover.

The MOTION was PUT.

The MOTION was CARRIED UNANIMOUSLY.

 

His Worship the Mayor, Councillor Greg Davies returned to the Chair, the time being 10:03pm.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

 

RR 1          Trip Hazard off High Street in Woodriff Street                                                   

Councillor Jim Aitken OAM requested that a memo reply, in relation to fixing the trip hazard as a result of a raised concrete path just off High Street in Woodriff Street on the eastern side near the phone box.

 

RR 2          Policy on supporting non-profit organisations                                                      

Councillor Jim Aitken OAM requested a report to Council, regarding Council’s policy on supporting non-profit community organisations that request financial assistance.

 

RR 3          Discount given to non-profit Community Groups                                                 

Councillor Jim Aitken OAM requested a report to Council and a memo reply, detailing the discounts given to non-profit community groups/organisations and the memo responding to the questions in the letter received from the City of Penrith Eisteddfod Society Inc.

 

RR 4          Ways to remember the death of Lance Corporal Luke Gavin                                     

Councillor Marko Malkoc requested a memo reply, advising the most appropriate manner in which Council can preserve the memory and legacy of Lance Corporal Luke Gavin and his sacrifice for his Country.

 

RR 5          Cost of water supply Whitewater Stadium and Pools                                                   

Councillor John Thain requested a report to Council, detailing how the water rate increase will affect Whitewater Stadium and local pools. 

 

RR 6          Street Identification for Corpus Christi                                                                          

Councillor John Thain requested a memo reply, regarding how Corpus Christi would be able to place a street identification road sign at the bottom of Andromeda Drive, Cranebrook. 

 

UB 1          Subsidy of Hall fee for the ‘Visit Nepal’ festival from voted works                             

Councillor Prue Guillaume requested that an amount of $850 be allocated equally from each Ward’s voted works to help subsidise the hall fee of St Marys Memorial Hall to assist in the ‘Visit Nepal’ Festival, organised by the Nepalese community of Western Sydney.

309  RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Marko Malkoc that the mater be brought forward and dealt with as an urgent matter.

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

310 RESOLVED on the MOTION of Councillor Kath Presdee seconded by Councillor Marko Malkoc that an amount of $850 be allocated equally from each Ward’s voted works to help subsidise the hall fee of St Marys Memorial Hall to assist in the ‘Visit Nepal’ Festival, organised by the Nepalese community of Western Sydney.

 

 

RR 7          St Marys Community Corner                                                                                          

His Worship the Mayor, Councillor Greg Davies, requested a report to Council regarding a budget that may be available for community groups to use the St Marys Community Corner.

 

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

 

 

 

 


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 persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.

 

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                                                     


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        The passing of Merv Cartwright

 

 



Ordinary Meeting                                                                                           21 November 2011

A Leading City

Mayoral Minute

The passing of Merv Cartwright

 

I would like to pay tribute to a local legend, Merv Cartwright, who passed away on Saturday 19 November.

 

Merv made an enormous contribution to Penrith City, in particular to the St Marys Junior Rugby League and the Penrith Panthers.

 

After growing up playing in the front row for the Penrith district, Merv was a leading figure in founding the Penrith Panthers rugby league club. As first club secretary, Merv was instrumental in getting them admitted to the NSWRL competition in 1967.

 

He worked tirelessly to promote our local club and to make it the proud community and family oriented club it is today.

 

Merv was a real fighter who met many challenges throughout his life, staying positive even in his final years as he battled health issues. He is widely remembered as a well-respected, hard-working, talented and passionate coach and mentor, always able to bring out the best in people, on and off the field. The Merv Cartwright Award is now a prestigious medal presented in his honour to the first grade Panthers player of the year.

 

Merv did what he did out of a love of the game and of Penrith, of which he was fiercely proud. His legacy continues through his children Cliff, David, John, Maryann and Michael, and many grandchildren.

 

Merv will be greatly missed and fondly remembered by so many. On behalf of Council I offer sincere condolences to his family and many friends.

 

 

Councillor Greg Davies

Mayor

 

 

 

RECOMMENDATION

That the Mayoral Minute on The passing of Merv Cartwright 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 7 November 2011

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 14 November 2011

 

 



Ordinary Meeting                                                                                           21 November 2011

A Liveable City

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 7 November, 2011

 

 

 

PRESENT

Michael Alderton – Road Network Services Engineer (Chairperson), Wayne Mitchell – Group Manager - City Infrastructure, Adam Wilkinson – Engineering Services Manager, David Lance - Roads and Traffic Authority, Senior Constable Mark Elliott – St Marys Police, Ross Grove – Representative for the Member for Penrith, Mark Holmes – Representative for the Member for Mulgoa, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Ruth Byrnes - Senior Traffic Officer, Jacob Strong – Trainee Engineer, Danielle O’Neill – Trainee.

 

IN ATTENDANCE

Paul Maynard – Ranger.

 

APOLOGIES

Apologies were accepted from the Deputy Mayor Councillor Jackie Greenow and Councillor Karen McKeown.

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 10 October 2011

The minutes of the Local Traffic Committee Meeting of 10 October 2011 were confirmed.

 

DECLARATIONS OF INTEREST

 There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

A Liveable City

 

1        Removal of Redundant Bus Stops - Various Locations                                                 

RECOMMENDED

That:

1.     The information contained in the report on Removal of Redundant Bus Stops - Various Locations be received.

2.     Consultation be undertaken with Westbus, and subject to no objections, the two redundant signposted “Bus Stops” located on Chapel Street near Glossop Street, and Forrester Road near Links Road, and the three redundant signposted “Bus Zones” located on Banks Drive near Melville Road, Banks Drive near Endeavour Road, and Dunheved Circuit near Links Road, be removed.

3.     The existing “Transit Stops” listed in Table 1 in this report be rescinded and removed from the Department of Transport’s “Transit Stop Register”.

4.     The current “Bus Zone” signs located on Waterside Boulevard and Lakeview Drive, Cranebrook, be removed and the approvals of the six “Bus Zones” throughout the Waterside development be rescinded.  In addition, full-time “No Parking” restrictions be provided to replace the existing “Bus Zones”.

5.     Westbus and the Department of Transport be advised of Council’s resolution.

 

2        Nepean Street, Cranebrook - Road Closure                                                                   

RECOMMENDED

That:

1.     The information contained in the report on Nepean Street, Cranebrook - Road Closure be received.

2.     Council note the information.

 

3        Atchison Street, St Marys - Proposed Provision of Centre Linemarking                     

RECOMMENDED

That:

1.     The information contained in the report on Atchison Street, St Marys - Proposed Provision of Centre Linemarking be received.

2.     S1 separation linemarking be installed in Atchison Street, St Marys for a distance of 295m between Wilson Street and Hall Street.

3.     Double-barrier linemarking be provided in Atchison Street, St Marys at the northern intersection with Wilson Street (20m in length), and at the southern intersection with Hall Road (20m in length).

4.     Councillor Greenow be advised of Council’s resolution.

 

4        Regulus Street, Erskine Park - Road Safety Concerns                                                  

RECOMMENDED

That:

1.   The information contained in the report on Regulus Street, Erskine Park - Road Safety Concerns be received.

2.   The proposed double-barrier linemarking scheme in Regulus Street, Erskine Park not be implemented.

3.   The project for traffic calming improvements in Regulus Street, Erskine Park be entered into Council’s Traffic Facility Prioritisation Process.  When the project receives priority against other listed sites, Council’s Design Co‑ordinator be requested to prepare a design for the location, with a further report submitted to the Local Traffic Committee for design plan consideration.

4.   Councillor Malkoc and the residents be advised of Council’s resolution.

 

5        Debrincat Avenue & Maple Road, North St Marys - Signage & Linemarking Plan  

RECOMMENDED

That:

1.   The information contained in the report on Debrincat Avenue & Maple Road, North St Marys - Signage & Linemarking Plan be received.

2.   Consultation be conducted with affected residents regarding the loss of parking as a result of double-barrier linemarking and associated “No Stopping” requirements at the device, and any substantial objections be referred back to the Local Traffic Committee.

3.   Subject to no substantial objections, Design Plan AD 126 for installation of a proposed rumble bar treatment at the intersection of Debrincat Avenue and Maple Road, North St Marys be finalised and endorsed for construction.

 

6        Batt Street, Jamisontown - Proposed Provision of Part-Time "Bus Zone"                 

RECOMMENDED

That:

1.     The information contained in the report on Batt Street, Jamisontown – Proposed Provision of Part-Time “Bus Zone” be received.

2.     The provision of a 30m part-time “Bus Zone 9:00am-3:00pm School Days” adjacent to the eastern boundary of 62-72 Batt Street, Jamisontown be endorsed, subject to the following conditions:

a.  The “Bus Zone” be required to meet full compliance with the Disability Discrimination Act and the Disability Standards for Accessible Public Transport, including accessible paths of travel from the “Bus Zone” to the entrance to the bowling alley.

b.  The applicant shall lodge a Roads Act application for a Disability Discrimination Act compliant “Bus Zone”, including a detailed copy of plans and a Certificate of Compliance provided by an accredited Accessibility Consultant, advising that the “Bus Zone”, infrastructure and accessible paths of travel comply with the Disability Discrimination Act and the Disability Standards for Accessible Public Transport prior to the erection of “Bus Zone” signage.  The Roads Act approval shall be issued prior to commencement of these works.

c.  The applicant shall lodge a performance/maintenance bond for $10,000 prior to issue of the Roads Act approval, which shall be returned following the completion of works and maintenance period.

d.  The assets will be under the ownership of Council, who will be responsible for future maintenance and upgrade works as required, subject to meeting these conditions.

e.  All works to be undertaken at no cost to Council.

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

 

 

GENERAL BUSINESS

 

 GB 1         Jordan Springs Boulevard, Jordan Springs – Request for Provision of Temporary “No Stopping” Restrictions  (Raised Council)                                                                                   

Council’s Road Network Services Engineer raised a request on behalf of JKW contractors, operating at the new land release at Jordan Springs, regarding vehicular access to the site being restricted by builders’ vehicles parked along local roads.  The contractor has requested the temporary provision of “No Stopping” restrictions on Jordan Springs Boulevard, McGarritys Parade and Watergum Drive, for a period of 12 months from the date of this report, to allow unrestricted access to the construction site for heavy vehicles.  Plan No. 9115/CC66-C dated 3 November 2011, prepared by J Wyndham Prince, was tabled for consideration by the Local Traffic Committee.

RECOMMENDED

That:

1.          Provision of temporary “No Stopping” restrictions on Jordan Springs Boulevard, McGarritys Parade and Watergum Drive, Jordan Springs be approved for a period of 12 months from the date of this report, in accordance with Plan No. 9115/CC66-C, dated 3 November 2011, prepared by J Wyndham Prince.

2.          All works be carried out at no cost to Council.

3.          Affected residents be advised of the temporary change to parking restrictions.

 

GB 2          Carinya Avenue, St Marys – Speeding Vehicles  (Raised Representative for the Member for Mulgoa)    

The representative for the Member for Mulgoa raised concerns on behalf of a resident of Carinya Avenue, St Marys regarding speeding vehicles in Carinya Avenue, between Charles Hackett Drive and Camira Street (near house number 33).  The resident has requested provision of traffic calming measures in Carinya Avenue.

RECOMMENDED that Council investigate the matter.

 

 

GB 3          Civic Centre Car Park Signage – Request for Modifications (Raised Council)  

Council’s Ranger Services Section representative raised concerns about the parking signage in the Civic Centre Car Park, and requested that the signage and “condition of entry” sign be modified to be consistent with signage in other Council car parks in the Penrith Local Government Area.

The Ranger advised that the time restrictions in the Civic Centre Car Park are different from the other Council car parks and requested that investigations be conducted with a view to standardising the signs.

RECOMMENDED that Council investigate the matter.

 

 

GB 4          Glossop Street, St Marys – Proposed “No Parking” Restrictions  (Raised Representative for the Member for Mulgoa)                                                                                                                    

The representative for the Member for Mulgoa raised concerns on behalf of residents in Glossop Street, St Marys regarding Council’s proposal to implement full-time “No Stopping” restrictions on Glossop Street, St Marys.  The residents requested that timed “No Stopping” restrictions be considered.  Council’s Road Network Services Engineer advised that investigations are currently proceeding and the associated community consultation has recently closed.

RECOMMENDED

That:

1.          The residents’ concerns be considered by Council as part of the community consultation process and investigation.

2.          Councillor Tanya Davies MP, Member for Mulgoa, be advised of the outcome.

 

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

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 November, 2011 be adopted.

 

 

 


Ordinary Meeting                                                                                           21 November 2011

A Leading City

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 14 November, 2011

 

 

 

PRESENT

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

 

APOLOGIES

Apologies were received for Councillors Kevin Crameri OAM and Councillor Tanya Davies.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 31 October 2011

The minutes of the Policy Review Committee Meeting of 31 October 2011 were confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Procedural Motion

Agenda item 3 was brought forward to be considered before item 2.

 

A Liveable City

 

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

His Worship the Mayor, Councillor Greg Davies introduced the report and invited Greg Crawford, the General Manager of Ripples to give a presentation on the Annual Report and Board of Directors.

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 the Council of the City of Penrith Regional Indoor Aquatic and Recreation Centre Ltd Annual Report for 2011/2012.

 

A Vibrant City

 

3        Penrith Performing and Visual Arts Ltd - Annual Report

Councillor Ross Fowler OAM introduced the report and invited Mr John Kirkman, CEO, PPVA and Mr John Reed, Chief Financial Officer, PPVA to give a presentation on the Annual Report and Board of Directors.                                                                                                                                  

RECOMMENDED

That:

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

2.     Council agree to underwrite the operation of the Penrith Performing and Visual Arts Ltd until the presentation to Council of the Penrith Performing and Visual Arts Ltd Annual Report for 2011/2012.

 

A Liveable City

 

2        Draft Penrith Accessible Trails Hierarchy Strategy (PATHS)                                      

Engineering Services Manager, Adam Wilkinson introduced the report and gave a presentation on the Draft Penrith Accessible Trails Hierarchy Strategy.

Councillor Robert Ardill left the meeting, the time being 8:56pm and did not return.

RECOMMENDED

That:

1.     The information contained in the report on Draft Penrith Accessible Trails Hierarchy Strategy (PATHS) be received

2.     Council endorse the Draft Penrith Accessible Trails Hierarchy Strategy for the purpose of public exhibition.

3.     A report be brought back to Council detailing the results of the consultation and for the adoption of the Penrith Accessible Trails Hierarchy Strategy.

 

There being no further business the Chairperson declared the meeting closed the time being 9:02pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 14 November, 2011 be adopted.

 

 

  



DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

A Leading City

 

1        2011-2012 Operational Plan - September Quarter Review

 

2        Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

 

3        Council Meeting Calendar for 2012

 

4        Urban Development Institute of Australia National Congress 2012

 

5        Summary of Investments and Banking for the period 1 October to 31 October 2011

 

A City of Opportunities

 

6        Council's 2010-11 Annual Report

 

7        Councillor Representative on the Board of Directors of the Penrith City Children's Services Cooperative (PCCSC) Limited

 

8        Development Application DA11/0570 for a Dwelling and Septic Tank at Lot 817 DP 1068323 No. 164-172 Capitol Hill Drive Mount Vernon

Applicant: Gail Lilian Malpass &  Bruce Lester Malpass;  Owner: Gail Lilian Malpass &  Bruce Lester Malpass

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

 

9        Section 96(1A) Application to Modify Development Consent DA11/0235 for a Liquor Store to remove Condition No. 2 at Lot 41 DP 610847 (No. 31) Moore Street, St Clair Applicant: Cityscape Planning and Projects;  Owner: F & L Russo Pty Ltd

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

  

 

A Green City

 

10      Waste and Sustainability Improvement Payment Program

 

11      Penrith Recycled Water Scheme Stage 2

 

 

 

 

 

A Liveable City

 

12      Penrith War Memorial Swimming Pool - 50th Anniversary Event

 

13      Reclassification of Land - Council Free Parking Area Agreements

 

14      Tender Reference 21-10/11, Roof Replacement and Rectification at Ripples Aquatic Centre

 

A Vibrant City

 

15      Place Making and Public Art Policy

 

16      Transportation of restricted solid waste to SITA landfill facility

 

 


A Leading City

 

Item                                                                                                                                                Page

 

1        2011-2012 Operational Plan - September Quarter Review

 

2        Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

 

3        Council Meeting Calendar for 2012

 

4        Urban Development Institute of Australia National Congress 2012

 

5        Summary of Investments and Banking for the period 1 October to 31 October 2011

 

 



Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

1

2011-2012 Operational Plan - September Quarter Review   

 

Compiled by:               Geraldine Brown, Budget Accountant

Ken Lim, Management Planning Co-ordinator

Andrew Moore, Financial Services Manager

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Base our decisions on research, evidence, and our responsibility to anticipate harm before it occurs (5.2)

       

 

Executive Summary

In accordance with the Local Government Act 1993 and the Integrated Planning and Reporting guidelines, Council must prepare a report on the progress of the service activities and tasks in the Operational Plan every 3 months. This review reports on the performance of external and internal services (with the exception of the three controlled entities which have separate reporting requirements) outlined in the 2011-12 Operational Plan and is the first report to be issued following the recent release of guidelines for Quarterly Budget Review Statements (QBRS) issued by the Division of Local Government (DLG).  The QBRS guidelines largely reflect the quarterly reporting format that Penrith City Council has been providing over the last two years however Council Officers have incorporated some additional disclosures that are now included in the Services Performance and Financial Review Summary. These additional reporting requirements are further outlined later in this report.

 

The September Quarter review covers the first 3 months progress of the 2011-12 Operational Plan. It also forms part of the first instalment of year 3 of the Council’s (4 Year) Delivery Program 2009-2013.

 

The report is divided into two sections:

Section 1:   September Quarter Review of the 2011-12 Operational Plan covering the performance summary of Council’s 44 services, completed tasks and projects and exception reporting.

Section 2:   A review of Council’s Financial Position as at 30 September 2011 including revised estimates and revotes identified in the recommended budget.

 

A brief executive summary of the results in each area is provided below.  Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary, provides detailed information on all two sections mentioned above, and is also available on Council’s website.  Councillors will receive copies of the Progress Report and Services Performance and Financial Review Summary report under separate cover as an enclosure to this Business Paper.


September Quarter Review Services Performance Summary

The combined effort of Council’s 44 services for the three month period ending 30 September 2011 has resulted in a 24.8% achievement of the yearly requirement as required in the adopted 2011-12 Operational Plan which is ‘on target’ at this stage of the year. This figure is based upon Council’s Performance Planning System which calculates performance against 116 Service Activities. The system also provides exception reporting indicating that 153 Tasks, 98 Key Performance Indicators (KPIs) and 197 Capital and Operating Projects were either ‘on target’ or ‘completed’ by 30 September 2011.  Details of the remaining 7 exception items and the challenges they are facing have been included in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary.

 

The cumulative budget result for the year as at September 2011 is a surplus of $27,645.  This result comprises both positive and negative variations to the original budget, with the most notable for the quarter being additional rates income ($870,123) and a proposed allocation of funds for Systems Upgrades and Technology Improvements ($275,000).  The September Review also identifies salary savings for the quarter of $99,054.  It is considered prudent that these salary savings be retained within the employee costs budget at this stage and not reallocated.  Council confirmed its commitment to ensuring that sufficient provision is made for Employee Leave Entitlements (ELE) during the 2010-11 June Quarter and Year End Review when it endorsed the transfer of net salary savings to the ELE Reserve for 2011-12.  Therefore it is proposed that any remaining salary savings, once provision for current year payments is made, will be transferred to the ELE Reserve in future reviews. In addition to these adjustments there is one project proposed to be revoted into 2012-13 as it is not expected to be completed in the current financial year. 

 

This report recommends that the revised budget estimates identified in the report and detailed in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary be adopted.

 

How is Progress Measured?

Progress for the Operational Plan is expressed through the use of actual results versus target expressed as percentages and ‘traffic light’ indicators.  The rating scales and parameters for each ‘traffic light’ are explained below.

 

Table 1: Guidelines for ‘Traffic Light’ Status Indicators

*

[Green]

On Target

90%+

A task, project, budget, or KPI is within 10% of targeted performance for that YTD period.

*

[Amber]

Attention Required

75-89%

A task, project, budget or KPI is within 11%-25% of targeted performance.  It is at risk of non-completion, and may be the subject of a proposed carry over or partial revote of works.  A comment is required about the issue, the focus required, and what will be done to address it.

[Red]

At Risk

<75%

A task, project, budget or KPI is more than 25% off  its targeted performance and/or is the subject of a proposed revote of works.  A comment is required about the issue, the focus required, and what will be done to address it.

C

Completed

100%

Completed (usually applies to Capital & Operating Projects and Tasks with defined target dates).  Represents 100% completion.

Section 1: September Quarter Review – 2011-12 Operational Plan

The Operational Plan progress report for the period ending 30 September 2011 is the first quarterly review of Council’s 2011-12 Operational Plan, which in turn contributes to the achievement of Council’s Delivery Program 2009-13.

 

Each quarter, all Managers are required to report progress on each of their services, based on service activities, service budgets, tasks, Key Performance Indicators (KPIs), capital and operating projects as set out in the adopted 2011-12 Operational Plan. The results for the September Quarter Review are as follows:

 

1.     Overall Services Performance Summary

Council’s Performance Planning System indicates that the combined effort of all services for the 3 month period ending 30 September 2011 has resulted in a 24.8% achievement of the yearly requirement as required under the adopted 2011-12 Operational Plan. This result is in keeping with the target of 25% expected at this stage of the year. The contributing factors to this result are summarised in the table below.

 

Table 2: Service Performance Summary

 

SERVICE PERFORMANCE SUMMARY

Completed

GREEN

(On Target)

AMBER

(Requiring Attention)

RED

(At Risk)

Totals

SERVICES OVERALL (excluding Controlled Entities)

 

44

-

-

44

 

Service Activities

 

115

(99%)

-

1

(1%)

116

Exception Reporting

·     Tasks

4

(3%)

153

(96%)

-

2

(1%)

159

·     Key Performance Indicators (KPIs)

 

98

(96%)

4

(4%)

-

102

·     Capital Projects

20

(20%)

80

(80%)

-

-

100

·     Operating Projects

8

(8%)

89

(92%)

-

-

97

 


Analysis of Results

Table 2 shows that overall, Council services performed well. The key contributing factors to this positive result are:

·        All 44 Services On Target

·        99% of Service Activities On Target

·        99% of Tasks Completed or On Target

·        96% of KPIs were On Target

·        100% of Capital Projects were Completed or On Target, and

·        100% of Operating Projects were Completed or On Target.

 

It is generally the case that for the first quarter in any Operational Plan year the majority of reporting elements would be “on track” especially given that a large number of projects and tasks are phased for completion in the remaining nine months of the year. Given this occurrence, it is still encouraging to see so many completed items in the first quarter (32 for this 3 month period).

 

2.     Highlights

On a positive note there were a number of highlights completed this quarter which are worthy of mention. These included:

 

·                 Art Embroidery piece launched

·                 ARTKIDS Project

·                 Castlereagh Hall Open House

·                 Community safety initiatives

·                 e-Waste Collection Event

·                 Environmental Education Programs

·                 NAIDOC Week 2011 Gathering

·                 NSW Bike Plan River Cities program

·                 Penrith Park Football Stadium Stage 3 completed

·                 Penrith Shuttle Bus continuation secured

·                 Penrith Health Strategy - Partnership Award

·                 Rural Lands On-line Forum Launch

·                 Spring Garden Festival

·                 St Marys Spring Festival

·                 Successful grants received


 

3.     Completed Tasks and Projects

Another positive result coming from Table 2 is the identification of 32 tasks, capital and operating projects that were completed within the quarter.

 

Some of the key projects and tasks completed in the September quarter include:

 

·        Castlereagh and Sir John Jamison Cemetery Fencing

·        Cranebrook Neighbourhood Centre Refurbishments

·        Gipps Street Master plan

·        Great River Walk - Stage 7 completed

·        Howell Oval Cricket Pavilion completed

·        Landcare Plant Project

·        Library Internet and Print Management System Review

·        Pathway Constructed - Kingswood Court Nursing Home to Great Western Highway

·        Penrith Playground Seating and Shade Installation

·        Penrith Swim Centre Improvements

·        Public Toilet Replacement -  Fowler Reserve Wallacia

·        Regentville Hall Sustainability Upgrades

 

More detailed commentary on each of these tasks and projects are provided in the Services Performance and Financial Review Summary which is an attachment to this report.

 

4.     Exception Reporting

A further operational breakdown of the Table 2 reveals that a total of 7 Service Activities, Tasks and KPIs in 5 services were also identified as ‘requiring attention’ (Amber traffic light) or were at  ‘at risk of not being delivered (Redtraffic light).  A complete listing, sorted by individual service and commentary is also provided in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary. The progress of all exceptions will continue to be monitored and remedial action taken to return these to a “Green” traffic light “On Target” status where possible.

 

Section 2: Financial Position for the September Quarter

The financial position of Council for the quarter is expressed by providing information on:

·        Budget Position (whether balanced/surplus/deficit)

·        Significant Variations

·        Identified Revotes

·        Funding Summary

·        Reserve Movements for the quarter, and

·        the Capital and Operating Budget Projects list for the quarter

 

As part of the new Integrated Planning and Reporting (IP&R) framework the Division of Local Government has developed minimum requirements for a suite of documents that are to be included in the quarterly review process.  These new requirements have been introduced for all Group 1 Councils, for which Penrith is, for all Quarterly Reports from 1 July 2011.  The introduction of these additional disclosures will ensure that Quarterly Reporting across all NSW Local Governments will have a base set of reports that will allow for consistent reporting across all Councils. Collectively, these documents are to be known as the Quarterly Budget Review Statements (QBRS) and largely include information already provided in the Services Performance and Financial Review Summary with some additional supplementary information and ensures that all Councils report on the progress of:

·        Key Performance Indicators

·        Income & Expenses

·        Income & Expenses by Program

·        Capital Budget

·        Cash & Investments

·        Contracts and Other Expenses

·        Consultancy and Legal Expenses

 

All additional information required by the new QBRS reports have now been incorporated into Council’s existing reporting format with all the reports listed included in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary.

 

Budget Position

                                                                                                                          $000’s

Original Budget Position (balanced budget)

0

 

Variations – Surplus/(Deficit)

 

 

September  Quarter Variations previously reported to Council (Financial Assistance Grant)

(452.4)

 

September Quarterly Review Proposed Variations

480.0

 

Revised YTD Surplus/(Deficit)

27.6

 

 

The predicted cumulative result for the year as at September is a surplus of $27,645 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the review with further details together with all proposed minor variations, revotes, and reserve movements detailed in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary.

 

 

 

Salary Savings - $99,054 (0.1%)

During the first quarter of 2011-12 salary savings have been realised primarily due to vacancies across a number of departments.  The majority of these vacant positions are in the process of being filled.  It is recommended that some of the identified salary savings are retained in the individual departments to enable the engagement of consultants or temporary staff to ensure the delivery of key Operational Plan tasks and projects.  The salary savings, net of those being retained by departments, total $99,054.

 

It is proposed as part of the September Review that the net salary savings of $99,054 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for retirements and resignations. As outlined above Council is committed to ensuring sufficient provision is made for Employee Leave Entitlements (ELE) and in keeping with that commitment any remaining salary savings, once current year payments have been provided for, will be transferred to the ELE Reserve in future reviews.

 

Rates - $870,123 (1%)

As part of the development of the budget each year an estimate of the income generated by rating is prepared for the next year (2011-12) and future years.  These estimates give consideration to the impact of development throughout the City (i.e. subdivisions), the timing of that development and require Council officers to take a snapshot of the rating data and projections at a particular point of time to utilise as the base data for future budgets.

 

The extended budget development process for 2011-12 required a number of earlier estimates to be made than usual. A number of factors have changed with two large releases of land having occurred at Glenmore Park Stage 2 and Jordan Springs Release Area in recent months that have increased rating income projections for 2011-12. It is important to note that this income was predicted to be received in future years in Council’s Long Term Financial Plan and as such does not provide any additional financial capacity in future years.

 

Systems Upgrade and Technology Improvements - $275,000 (22%)

The Corporate Procedures and Systems Reserve was established to provide funding for the maintenance payments on Council’s corporate computer systems and software, upgrades and enhancements to these systems and to allow council to implement new technology resulting from legislative changes or new technology which improves processes or creates efficiencies. The amount transferred to the Reserve has been maintained at the same level as when the reserve was originally established while the maintenance payments have been indexed. Increasing the funding to this reserve and providing additional capacity to respond to organisational priorities and improve productivity has been an unfunded high priority for the organisation for a number of years.

 

The Reserve as it currently stands has minimal capacity for major upgrades to current systems and for the implementation of new technology and it is considered prudent that this years’ allocation be supplemented by a further $275,000 to allow for an increased capacity to ensure that Council’s key systems including Council’s Property and Rating and Performance Planning systems are able to have major upgrades completed and the implementation of a Business Intelligence tool is undertaken, which will enhance reporting capabilities including “dashboard” functionality, that otherwise the reserve is unable to facilitate.

 

Flood Protection Works (Penrith Civic Centre) –$120,000 (100%)

Council has been reviewing the flood exposure to its buildings since May 2010 and developing mitigation plans. Initial estimate suggested that the extent of potential damage to the Civic Centre, caused by flood, could be as high as $6m. The preliminary estimate for the protection of the Civic Centre was set at $40,000 and funding was set aside in the risk management budget for additional premium costs. The protection works estimate for the Civic Centre has been reviewed and is conservatively estimated at $120,000 (subject to further quotations). Protection for the Civic Centre will be installed in this financial year and further funding may be required to protect other significant sites. In addition Council’s Risk and Insurance Team are continuing to have discussions with insurers to ensure that an appropriate level of cover is provided for the Civic Centre and other Council sites.

 

Organisation Productivity Project - $25,000 (100%)

Council has achieved over $3m in productivity enhancements over the last two years. The recent Organisational Productivity Project has provided a framework to ensure that ongoing productivity enhancements will be recognised, measured and reported to a range of stakeholders (including IPART) as required under the approved Special Rate Variation.  The project has also provided insight for the organisation into areas for investigation to yield further productivity improvements and embed a culture of continuous improvement.

 

Other variations with no impact on Available Funds and Proposed Revote

A number of other variations are proposed as part of this review that do not have an impact on the available funds.  Details of these adjustments are provided in Attachment 1 – 2011-12 Operational Plan, Service Performance and Financial Review Summary.  In addition to these adjustments, one operating project is proposed for revote this quarter with details provided in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary. The total value of revotes for the year to date (including the proposed revote) is $15,000 compared to $85,900 for the same period last year.

Conclusion

The 2011-12 Operational Plan September Quarter review indicates that the performance of Council Services is overall ‘on track’ to meet Council’s challenging annual program despite the ongoing financial challenges faced.

 

The review documents will be placed on Council’s website, and will also be available to the public in hard copy on request.  The opportunity is available for Council tonight to seek clarification or elaboration on particular matters in any section of this report, or as detailed in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on 2011-2012 Operational Plan - September Quarter Review be received.

 

 

2.     The 2011-12 Operational Plan Review as at 30 September 2011, including the revised estimates and revotes identified in the recommended budget outlined in this report and detailed in Attachment 1 – 2011-12 Operational Plan, Services Performance and Financial Review Summary be adopted.

 

ATTACHMENTS/APPENDICES

1. View

2011-2012 Operational Plan, Services Performance and Financial Review Summary.

60 Pages

Attachment

  


Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

2

Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year.  Section 253 of the Act requires that the Council must give at least 28 days public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial.

 

Council’s staff have reviewed various guidelines from the Division of Local Government (DLG) for any suggested amendments that Councils should incorporate within their Section 252 Policies. These changes were amalgamated within a Report to the Policy Review Committee Meeting held on 26 September 2011, where a decision was made to advertise the Council’s draft Section 252 Policy to the public for their comments, as required under the Act.

 

No submissions have been received from the public following the advertising of the Council’s draft Section 252 Policy. The Report recommends that the Council adopts the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

 

Background

Council received advice from the DLG which indicated that Council’s current 252 Policy is a good policy which was largely consistent with the legislation and guidelines. Two particular areas that were highlighted by the DLG for improvement were the setting of specific limits and the provision for a dispute resolution process. Both of these elements were incorporated in the advertised policy.

 

The changes that were made in response to our own review and DLG advice were highlighted in a report presented to the Policy Review Committee on 26 September 2011. A copy of the previous report is appended.

 

Council must comply with the provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy. Accordingly Council advertised its intention to adopt the Draft Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors in the Western Weekender on 7 October 2011 for a period of 28 days.

 

The report to the Council’s Policy Review Committee Meeting recommended that Council’s current Policy be amended to ensure that it is consistent with the advice received by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

Current Situation

The notification period for advertising the draft Section 252 Policy has now concluded and no submissions were received.

 

After the Council advertised its 252 Policy, the DLG issued Circular 11-27 providing further guidelines on Councillor expenses and facilities. This Circular was in addition to advice Council had already received but largely covered the same topics or issues that staff had been reviewing as a part of the normal review of the Council’s Section 252 Policy.

 

Council’s staff have reviewed the guidelines provided in the latest DLG Circular and are of the opinion that the Council’s draft Section 252 policy that it resolved to advertise on 26 September 2011 is consistent with the recommendations made by the DLG. The specific issues the DLG highlighted for improvement were:

 

·    Monetary limits should be made

·    Review process of the policy

·    Approval process

·    Private benefit

 

It is pleasing that the Council’s Policy either already sufficiently covered these issues, or were included in the recently advertised 252 Policy presented for adoption.

 

Council is required to submit its adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the Division of Local Government by 30 November 2011. Council’s staff have advised the DLG that the Council’s draft Section 252 policy will be presented to the Council’s Ordinary Meeting held today, and if adopted, a copy will be forwarded to the DLG.

 

Conclusion

The Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors is required to be reviewed within 5 months of the end of each financial year. It is considered that the draft Policy has now gone through a thorough consultative process and has met all legislative requirements in terms of notification.

 

Given that there were no submissions received during the notification period of the Council’s draft Section 252 Policy and that the draft Policy is consistent with the recommendations from the DLG contained in the latest Circular, it is considered that the Policy should be adopted by the Council.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received.

2.     Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

3.     Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to the Mayor, Deputy Mayor and Councillors to the DLG.

 

ATTACHMENTS/APPENDICES

1. View

PRC Report with Policy Attached - 26 September 2011

24 Pages

Attachment

  


Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

3

Council Meeting Calendar for 2012   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

The purpose of this report is to propose a Meeting Calendar for 2012. The report recommends that the draft Meeting Calendar be adopted. If adopted, Council will have 16 Ordinary Council Meetings and 12 Policy Review Committee Meetings.

 

In preparing the draft Meeting Calendar, staff have taken into consideration a number of statutory deadlines where certain reports have to be presented to Council, in addition to public holidays and other known commitments. The report recommends that the draft meeting calendar for 2012 be adopted.

Background

Section 365 of the Local Government Act 1993 states that the Council is required to meet at least 10 times each year, each time in a different month.

 

Since February 2007, Council has adopted a three week rolling cycle of Ordinary Meetings, Policy Review Committee Meetings and Councillor Briefings. Whilst the Council Meetings were at the time branded as a three week cycle, in practice the three week cycle of Meetings did not occur due to a range of circumstances of which still occur from time to time. Each year the calendar is best scheduled to adhere to the three week meeting cycle, but there are circumstances where this needs to be either reduced or lengthened.

 

Current Position

Staff are continually monitoring the meeting calendar to ensure the most effective use of Councillor and staff time. Council staff are continuing the practice of where ever possible endeavouring to reduce the number of nights that Councillors are required to attend a meeting, and where possible trying to schedule meetings, if time permits, following one another so that Councillors are not required to attend a range of meetings on multiple days. For 2011 we will have a total of 45 meetings, which is two more than last year and just above what would normally be expected in a calendar year. The increase is attributed primarily to additional Councillor Briefings which have been required predominantly as a result of a range of planning issues and the majority of these have been able to be accommodated on the same evening as another meeting.

 

Council met its statutory commitments by holding 15 Ordinary meetings all in different months between February and December 2011 with two Ordinary meetings being held in the months of February, May, September and November.

 

Draft 2012 Meeting Calendar

A draft Meeting Calendar has been prepared for 2012.

 

The draft Calendar is based on the following assumptions:

 

·     the Meeting cycle commencing with a Ordinary Meeting on the first Monday in February – i.e. 6 February 2012.

 

·    at least one Ordinary Council Meeting each month (except for January), with a minimum period between Ordinary Council meetings of 2 weeks and a maximum period between Ordinary Council meetings of 5 weeks;

 

·    the Mayoral Election being held on the last Monday in September (24 September 2012) this may vary depending on the determination of the poll by the Returning Officer, additional meetings well need to be held for Councillor Orientation after the Ordinary Election on 8 September 2012.

 

·    meetings alternating so that there are not successive meetings of the same type from week to week;

 

·    the meeting cycle concluding with an Ordinary Council Meeting on the second Monday in December – i.e. 10 December 2012.

 

This draft calendar has been discussed with the relevant Managers and all statutory and operating obligations are able to be met, including adherence to key dates for consideration of the Operational Plan for 2012-2013, Operational Plan Quarterly Reviews, Delivery Program Progress Reports and the presentation of the 2011-2012 Financial Statements.

 

In compiling the Calendar, consideration has been taken to avoid:

 

1.   Public Holidays

·   9 April 2012 – Easter Monday

·   11 June 2012 – Queen’s Birthday

·   1 October 2012 – Labour Day 

 

2.   Other known commitments such as

·   Local Government Ass’n of NSW Annual Conference, Dubbo (28-31 Oct 2012)

 

Councillor Briefings

Councillor Briefings are a non decision-making forum established to provide a mechanism for informing and advising Councillors of matters relevant to Council activities that would not otherwise be achieved effectively using the written word, plans or diagrams alone. Councillor Briefings may involve presentations by Council Officers, City stakeholders, other organisations and individuals at the invitation of the Council or Council Officers through the General Manager.

It is proposed to conduct a number of Councillor Briefings throughout the course of the year to inform Councillors on a range of issues. These sessions are not open to the public. The dates of Councillor Briefing sessions will be provided to Councillors as required.

 

The Operational Plan Public Forum will be held on the last Monday in May (28 May 2012).

 

Conclusion

The draft Meeting Calendar for 2012 (as attached) has been prepared in accordance with the Local Government Act 1993 and Council policy. It incorporates at least one Ordinary Council Meeting for the months of February through to December.

 

16 Ordinary Council meetings and 12 Policy Review Committee meetings are proposed for 2012.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council Meeting Calendar for 2012 be received

2.     The draft Meeting Calender for 2012 be adopted.

 

ATTACHMENTS/APPENDICES

1.  

Draft 2012 Meeting Calendar

1 Page

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Draft 2012 Meeting Calendar

 

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Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

4

Urban Development Institute of Australia National Congress 2012   

 

Compiled by:               Brian Griffiths, Property Development Manager

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that manages its finances, services and assets effectively (4)

Strategic Response

Deliver services for the City and its communities, and maintain our long term financial sustainability (4.1)

       

 

Executive Summary

The Urban Development Institute of Australia National Congress is to be held in Perth on 6-9 March 2012.  Councillors have attended this Congress on a regular basis in the past and it would be appropriate for Council to nominate Councillors interested in attending the conference.

 

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

Background

Council, through the Property Development Department, is a member of the NSW Division of the Urban Development Institute of Australia.  The Institute has a yearly National Congress, which alternates around capital cities in Australia from year to year. The Congress provides hands-on experience with technical tours to prominent development sites within each city, enabling attendees to become more attuned to the modern forms of development within our environment.

Current Situation

Perth is the host for 2012 (40th) National Congress, following Adelaide’s successful Congress in 2011.  The theme of the 2012 Congress is “Striving for Excellence”, and will be held at the Perth Convention and Exhibition Centre from 6- 9 March 2012.  The program has incorporated innovative and topical sessions and speakers and recognises the current challenges facing developers and regulators. 

 

A strong group of guest speakers has been engaged in the areas of development, politics, finance, economics and business and topics to be addressed include:

 

·        “Let the Games begin – The Olympics as an Urban Regeneration Catalyst”.  With the Olympic Games in London fast approaching this session looks at the approach to how this major sporting and cultural event can be utilised as a regeneration catalyst. 

·        The Chief Economist of BT Financial Group Dr Chris Caton advises clients on the financial implications of economic trends, policy pronouncements and major political developments.  Chris is a leading analyst of the current and future state of both the Australian and international economies, and their potential impact on individual industries.

 

·        Meeting buyers’ expectations is one thing but letting buyers know what is available is an increasingly complex business. 

 

·        The Hon Jeffrey Kennett, the former Premier of the Victorian Government, now in the corporate sector, will provide a flamboyant experience based on his background and provide a presentation on leadership and making things happen.

 

·        “Designing 2050 – The Property Industry in a Carbon Economy” to be addressed by Peter Ellyard.  How much will it change the way we do our business and the way we live and socialise? 

 

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

 

Councillors have attended this Congress on a regular basis in the past and it would be appropriate that any delegates to next year’s Congress be nominated at tonight‘s meeting.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Urban Development Institute of Australia National Congress 2012 be received.

2.     Council nominate delegates to attend the National Congress of the Urban Development Institute of Australia in Perth from 6-9 March, 2012 and grant leave of absence as appropriate.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

5

Summary of Investments and Banking for the period 1 October to 31 October 2011   

 

Compiled by:               Pauline Johnston, Expenditure Accountant

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

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 

Executive Summary

The purpose of this report is to provide a summary of investments for the period 1 October 2011 to 31 October 2011 and a reconciliation of invested funds at 31 October 2011.

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 October 2011.

 

Vicki O’Kelly

Responsible Accounting Officer

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Summary of Investments and Banking for the period 1 October to 31 October 2011 be received.

2.     The information contained in the report on Summary of Investments and Banking for the period 1 October to 31 October 20111 be received.

3.     The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2011 to 31 October 2011 be noted and accepted.

4.     The graphical investment analysis as at 31 October 2011 be noted.

 

 

 

ATTACHMENTS/APPENDICES

1.  

Summary of Investments

4 Pages

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Summary of Investments

 

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temp


temp

 


A City of Opportunities

 

Item                                                                                                                                                Page

 

6        Council's 2010-11 Annual Report

 

7        Councillor Representative on the Board of Directors of the Penrith City Children's Services Cooperative (PCCSC) Limited

 

8        Development Application DA11/0570 for a Dwelling and Septic Tank at Lot 817 DP 1068323 No. 164-172 Capitol Hill Drive Mount Vernon

Applicant: Gail Lilian Malpass &  Bruce Lester Malpass;  Owner: Gail Lilian Malpass &  Bruce Lester Malpass

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

 

9        Section 96(1A) Application to Modify Development Consent DA11/0235 for a Liquor Store to remove Condition No. 2 at Lot 41 DP 610847 (No. 31) Moore Street, St Clair Applicant: Cityscape Planning and Projects;  Owner: F & L Russo Pty Ltd

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

  

 

 



Ordinary Meeting                                                                                           21 November 2011

A City of Opportunities

 

 

6

Council's 2010-11 Annual Report   

 

Compiled by:               Margaret Paton, Communication Officer

Authorised by:            Brian Steffen, Group Manager - Information & Customer Relations   

 

Objective

We have a say in our future

Community Outcome

A Council that involves, informs and responds (10)

Strategic Response

Engage our communities by creating opportunities for participation, listening, provide information and responding (10.1)

       

 

Executive Summary

The purpose of this report is to provide to Council Penrith City Council’s 2010-11 Annual Report. The Annual Report is a statutory obligation of Council and must be forwarded to the Division of Local Government (DLG) by 30 November. Copies of the Annual Report have been provided to Councillors under separate cover. This report complies with DLG requirements.

Background

Section 428 of the Local Government Act requires councils to submit an Annual Report to the Minister for Local Government within five months of the end of the financial year. The Act, Regulations and other legislation sets out which information must be included in the Annual Report.

 

These requirements include a copy of the council’s audited financial statements, a report on the actual performance of the council’s principal activities during that year (measured in accordance with the Delivery Program) and additional information about several prescribed matters.

 

Current Situation

Council has continued to streamline its reporting process and look at ways to improve both the reporting method, and our ability to communicate this information internally and to the broader community. As a document, an Annual Report is widely regarded as the first port of call for people seeking information about the organisation. Therefore, it is vital Council’s Annual Report presents an accurate reflection of both the City and Council, both currently and in the future.

 

Previous Annual Reports have been submitted to the annual Australasian Reporting Awards (ARA). Council’s 2007-2008 Report was a finalist in the Communication (public sector) category. Council’s 2008-09 and 2009-10 reports received Bronze Awards, having met many stringent standards set by the ARA. Feedback from ARA adjudicators has aided Council’s efforts to further improve our Annual Reports.

 

The Report’s focus – 48 services - has allowed us to showcase the many diverse services and facilities provided by Council across the City. This is particularly important as during community consultation earlier this year as part of Council’s rate variation application, it was recognised there is a lot of confusion about what local government is responsible for.

 

As part of Council’s ongoing commitment to organisational sustainability, the Annual Report has been printed on paper certified to meet sustainability guidelines. The paper used is 100% recycled - a combination of 60% pre consumer & 40% post consumer waste, with the recycled pulp brightened in a Processed Chlorine Free environment (PCF). Onyx is produced in an ISO14001 accredited facility & is Chain of Custody certified by the Forest Stewardship Council (FSC). The Onyx range is also endorsed as Carbon Neutral by the Federal Government’s Department of Climate Change and Energy Efficiency.

 

Additionally, the report will be primarily distributed via electronic media – via Council’s website and on CDs enabling Council to provide a suite of key documents on one resource using minimal paper and resources.

 

Notably, the entire document has been produced cost-effectively in-house with the exception of some photography. This involved the Communications Team coordinating the report and Council’s Printroom designing and printing it.

 

Ensuring the Annual Report meets legislative requirements has involved the compilation of direct commentary from relevant departments and/or references to other existing documents where appropriate.

 

Council will, through the Annual Report supplied, meet all of the present statutory requirements, while sharing with the community our achievements, challenges and services during 2010-11.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Council's 2010-11 Annual Report be received.

2.     The Annual Report be forwarded to the Division of Local Government by 30 November 2011.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report


Ordinary Meeting                                                                                           21 November 2011

A City of Opportunities

 

 

7

Councillor Representative on the Board of Directors of the Penrith City Children's Services Cooperative (PCCSC) Limited   

 

Compiled by:               Janet Keegan, Children's Services Manager Operations

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

 

Objective

We have access to what we need

Community Outcome

A City with equitable access to services and facilities (7)

Strategic Response

Base the provision of services and facilities on principles of social justice and equity (7.1)

       

 

Executive Summary

This report provides information on the resignation of Councillor Tanya Davies as a Board Director of the Penrith City Children’s Services Cooperative.  The report recommends that a replacement Councillor Board Director be nominated.

Background

In 2002, Council established the PCCSC to manage the majority of the Children’s Services sponsored by Council, including long day care, preschool, occasional care, before and after school and vacation care.  On Council’s behalf, the Board manages 26 facilities. Over 4,000 children aged 0-12 years attend the services annually with approximately 300 staff employed in centre-based service delivery.

 

The Cooperative is a non-trading entity registered with the Registry of Cooperatives.  The rules of the PCCSC Limited specify the management structure to be a Board of 15 Directors, consisting of seven parent, one employee and seven Council appointed member Directors consisting of three Councillor Directors, three community representative Directors and one General Manager’s nominee Director. The Council appointed Directors are nominated by Council and endorsed by the Cooperative.  In relation to Councillor Directors, Rule 43 (b) specifies this person to be ‘a currently serving Councillor of Penrith City Council nominated by that Council’.

 

Current Situation

Since the 2010 AGM of the Cooperative, the three Councillor representatives on the Board of Directors of the PCCSC have been Councillor Kaylene Allison, Councillor Tanya Davies and Councillor Ross Fowler OAM.  At the Board’s Ninth AGM on 27 October 2011, Councillor Tanya Davies tendered her resignation, which creates a vacancy of a Councillor Board Director.  There are no other vacancies on the Board of Directors.

 

The Board meets on a bi-monthly cycle (i.e. six meetings per year), mostly at the Civic Centre, on a Thursday evening at 7.00pm.  A business paper is distributed to Board Directors prior to the meeting.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Councillor Representative on the Board of Directors of the Penrith City Children's Services Cooperative (PCCSC) Limited be received.

2.     Consideration be given to the nomination of a currently serving Councillor to fill the vacant position on the Board of Directors of the Penrith City Children’s Services Cooperative Limited.

3.     Councillor Tanya Davies be formally thanked for her contribution on the Penrith City Children’s Services Cooperative Limited.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           21 November 2011

A City of Opportunities

 

 

8

Development Application DA11/0570 for a Dwelling and Septic Tank at Lot 817 DP 1068323 No. 164-172 Capitol Hill Drive Mount Vernon   Applicant:  Gail Lilian Malpass &  Bruce Lester Malpass;  Owner:  Gail Lilian Malpass &  Bruce Lester Malpass    

 

Compiled by:               Christopher Hawkins, Environmental Health & Building Surveyor

Authorised by:            Peter Wood, Acting Development Services Manager   

 

Objective

We have access to what we need

Community Outcome

A City with lifestyle and housing choice in our neighbourhoods (8)

Strategic Response

Encourage housing that provides choice, achieves design excellence, and meets community needs (8.1)

      

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

 

Executive Summary

This application is reported to Council as the proposed dwelling location requires a restriction on the title to be varied.

 

Council approved DA 01/2345 for the creation of seventeen (17) new allotments for rural residential purposes in Belleview Avenue, Mt Vernon in June 2004.  As part of that approval, restrictions under Section 88B of the Conveyancing Act 1919 were imposed.

 

The restriction on the use of land, fourthly referred to in the subject deposited plan, states in section (b):

 

“(b) - all development erected on the subject lots will be in accordance with the ‘Siting Plan including Landscape Plan’ as indicated on the Plan Reference Pittenridge Shinkfield Bruce numbered LO1E and dated 20th November 2002. The plan is held by Penrith City Council.”

 

Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction.

 

The applicant has requested the above restriction be varied, proposing a new building envelope.  The revised building envelope is the same size as the existing, but has been sited towards the western boundary to provide a larger area of private open space. The location of the dwelling results in a reduced amount of cut and fill.  It is recommended that the 88b instrument be varied and the application be approved.

Site and Surrounds

The subject site is a 1Ha allotment situated in the semi-rural locality of Capitol Hill at Mount Vernon. The surrounding area is characterised by rural/residential development in a parkland type setting. The site slopes down from the rear boundary to the street. Comprehensive landscaping exists around the perimeter of the site which was implemented as part of the subdivision and now forms a substantial screen of established trees to the proposed development. The site is part affected by a transmission line easement varying up to 49.5m wide along the frontage.

 

The area is characterised by residential development on large lots with varying side setbacks and deep setbacks to the street. These characteristics maintain a rural/residential amenity consistent with the Mt Vernon area.

 

The entry to the site is located on Capitol Hill Drive and is characterised by gently sloping grassy sites, with significant landscaping provided to the property boundaries. (See Locality Map in Appendix No.1).

The Proposal

The proposed development includes the following aspects:

 

·    Construction of a single storey, four (4) bedroom brick veneer dwelling with attached four (4) car garage

·    Construction of an attached Alfresco area

·    Installation of an Ultra Clear Aerated Wastewater Treatment System

 

The development application was accompanied by the following:

 

·    Statement of Environmental Effects

·    An Acoustic report

·    BASIX Certificate

·    Site and Soil Analysis

·    Submission of justification for variation of building envelope location

·    Waste Management Plan

 

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

Assessment of Issues Relating to Positive Covenant

A Siting Plan referred to in the restrictive covenant nominates individual building envelopes for each site. It was applied to the subdivision to maintain separation between buildings, and provide for preservation of established landscaping to the perimeters of the allotments (see Siting Plan in Appendix 3). The location of the building envelopes also seeks to minimise excavation and filling needed by following the natural contours of the site.

 

The following table contains an outline of the requirements of the relevant planning controls, and a comparison of the existing and proposed building envelopes.

 

Existing Building Envelope

Proposed Building Envelope

DCP Setback Requirements

Front Setback 60m – 70m offset from street frontage

Front Setback 43m

Front setback 15m

Rear Setback 10m approximately

Rear Setback 56m

Rear setback 10m

Side Setbacks 12m (northern side) and 16m (southern side)

Side Setbacks 8.8m (northern side) and 27.2m (southern side)

Side setback 5m

Area 2000m2

Area 2000m2

N/A

 

The table demonstrates that the proposed building envelope complies with all of Council’s minimum requirements for building setbacks. The proposed building envelope is the same area as the original building envelope and will not impact on the existing perimeter landscaping or the requirement for its preservation.

 

The intent behind the setback and building envelope requirements was to create and maintain a streetscape character conducive to the rural setting, to allow for variety of setbacks and open space around the dwelling, and to provide scope for comprehensive landscaping of developments. The building envelope as proposed is consistent with these key design principles.

 

The building envelope on the adjoining property to the south is located 10m from the side boundary. A 37m separation between buildings on the two properties will be achieved by the proposal.  The proposed front setback of the dwelling is approximately 43.4m. The adjoining property to the north maintains an approximate 41m from setback. The property to the south of the subject site is also affected by the transmission line easement and results in the dwelling being located approx 70m.  These setbacks provide varying depth to frontage and create an articulated streetscape.

 

The subject site is irregular in configuration with an offset frontage to the street. Orientation of the dwelling and building envelope to the north will reduce the impact the proposal has on the streetscape, as the dwelling runs horizontally to the contours on site reducing the amount of cut and fill required for the proposal.  This design complies with the intent of the “Siting Plan” to minimise site works on the allotment.

 

The development incorporates stepping of the front façade with gables and Dutch gables facing the street. This provides an articulated dwelling façade and breaks up the dwelling to create an interesting structure sympathetic to existing designs in the area. The building envelope location proposed also improves the amenity of the site by increasing the extent of open space and views not impacted by the transmission line.

 

Due to the above issues, and the nature of the variation requested, it is considered that a variation of the building envelope, as proposed, would have minimal impacts visually or on the amenity or streetscape of the locality.

 

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 (SREP 20)

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

 

The development application involves an onsite sewage management system. The system proposed is an Ultra Clear AWTS system. There is ample site area and the design and functionality of the system will have negligible impact on the receiving environment.

 

The compliance of the proposal with the general planning considerations, specific planning policies, and recommended strategies specified in Sections 4, 5 and 6 of Part 2 of SREP 20, has been assessed, and the development application for the construction of a dwelling and outbuildings and the installation of the proposed On Site Sewerage Management System meets these requirements.

Penrith Local Environmental Plan 2010 (LEP 2010)

The subject site is Zoned E4 ‘Environmental Living’ under LEP 2010 and a dwelling house is permissible with the consent of Council in this zone.

Zone Objectives

The objectives of zone E4 Environmental Living are:

a)   To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

b)   To ensure that residential development does not have an adverse effect on those values.

c)   To minimise conflict between land uses within the zone and land uses within adjoining zones.

d)   To ensure land uses are compatible with the available infrastructure, services and facilities and with the environmental capabilities of the land.

e)   To preserve and improve natural resources through appropriate land management practices.

 

The proposed development meets the objectives for the provision of rural residential development, which have been carefully considered in the design of the subdivision. As such, adequate provision of services has been assured and the onsite disposal of effluent is satisfactory.

 

The development itself is well articulated, has a stepped roof form, contains verandahs and a variety of materials in the finishes to break up any apparent bulk. The development itself will be well screened by the established perimeter landscaping to the site. The proposal is consistent with the existing landscape qualities and will not be visible from any main road.

 

The development has attempted to be sympathetic to the existing site attributes. The building design is in keeping with other larger dwellings in the locality. The development site is comprehensively landscaped, and the proposed building design and materials are suitable to blend in with the natural setting.

 

Development Standards

The locality is subject to minimum lot size and density controls. These were considered in the assessment of the subdivision proposal and the subject property complies with the minimum lot size requirement of 1Ha to permit the construction of a dwelling house.

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

Penrith Development Control Plan 2010 – (DCP2010)

Penrith Development Control Plan 2010 - Part 4, Section 4.9 – “Rural Development” is applicable to the current development application. Appendix No. 4 shows the relevant controls and how the dwelling satisfies the requirements of Penrith DCP 2010.

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

The proposed development would be likely to have minimal impacts in terms of access, traffic, public domain, utilities, heritage, or the use of agricultural land. It would result in provision of a further dwelling in an area already characterised by larger rural residential homes and the following key impacts are addressed: 

 

·    The development has been designed to be responsive to the site. Site disturbance/excavation and filling are minimised and will not exceed 1.3m in depth as the dwelling is located parallel to site contours.

 

·    Additional landscaping will be provided to the areas surrounding the dwelling and driveway. Existing trees on site will be conditioned to remain.

 

·    Reticulated water, electricity and telephone services are available to the site. The development includes a proposal to capture and reuse rainwater on the premises. An Onsite Sewerage Management System is proposed.

 

·    The proposal will have minimal impact on the local road system. Residential traffic only will be generated by the development

 

·    Effluent Disposal - A satisfactory site and soil analysis has been prepared and submitted in support of the application. The site has a minimum size of 10,000m² and the proposed land application area complies with all specified minimum buffer distances. The proposed Eco max Cell system contains and disposes of all effluent within the 132m2 cells

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

·    The proposal to construct a dwelling in the rural/residential subdivision will have no adverse social or economic impacts on the locality.

·    The development will comply with BASIX legislation for conservation of water and energy.

·    The development is not subject to bushfire risk or flooding.

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

The proposed development fits the locality. Adequate separation is provided between developments on adjoining properties. Adequate services are available to the site. On site disposal of effluent is proposed. The site is not nominated as bushfire prone. It is not subject to flooding, contamination or slip. The site attributes are conducive to the proposal.

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

In accordance with Council’s Advertising and Notification Development Control Plan, the proposed development was notified to the adjoining property owners. No submissions were received in response.

Conclusion

Assessment of the application for the dwelling and ancillary structures, including variation to  the 88B Instrument applying to the property, demonstrates that it is in accordance with all other LEP and DCP requirements and 88B Instrument provisions.

 

Assessment of the application to vary the terms of Restrictive Covenant, fourthly referred to in the 88B Instrument attached to Lot 804, DP 1068323, has demonstrated that the proposal is unlikely to have any significant impacts on the achievement of the outcomes intended by the planning and subdivision controls for this property.

 

The proposed variation will not compromise the character or amenity of the locality, and will not cause a significant reduction in the spatial separation and perceived setbacks of development on the streetscape.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Development Application DA11/0570 for a Dwelling and Septic Tank at Lot 817 DP 1068323 No. 164-172 Capitol Hill Drive Mount Vernon  be received.

2.     The terms of clause (b) of the restriction fourthly referred to in the 88B Instrument attached to Lot 817, DP 1068323, be varied as follows as it applies to Lot 817 only:

(b)       All development erected on the subject lot will be in accordance with the proposed building platform indicated on the Site Plan Prepared by Masterton Homes Pty Ltd, Drawing for Job Number 37989

 

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

4.     Development Application No 11/0570 for the construction of a dwelling and the installation of an on site sewerage management system, be approved subject to the recommended standard and special conditions of Development Consent as follows:

 

 

Standard Conditions

4.1       A008 – Works to BCA requirements

A009 – Residential Works DCP

A019 – Occupation Certificate

A046 – Issue of Construction Certificate

D001 – Sedimentation and Erosion Controls

D005 – No filling without prior approval

D009 – Covering Waste Storage area

D010 – Appropriate disposal of excavated material

E001 – BCA compliance

F010 – Septic distance from house

F014 – Aerated irrigation

H001 – Stamped plans and erection of site notice

H036 – Rainwater tank

H037 – Safe supply from catchment

H038 – Connection of rainwater tank supply

H039 – Rainwater tank pumps

H041 – Hours of work

I003 – Roads Act approval

K017 – Stormwater and sewerage plan

L001 – General landscaping

L008 – Tree preservation order

Q001 – Notice of commencement and appointment of PCA

Special Conditions

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

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

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

 

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

 

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

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

 

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

 

4.9     Prior to the commencement of construction works:

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

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

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

·    Alternatively, any other sewage management facility approved by council

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

Site Plan & Elevations

2 Pages

Appendix

3.  

Siting and Landscape Plan

1 Page

Appendix

4.  

Development Control Plan 2010 table

3 Pages

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Locality Plan

 

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Ordinary Meeting                                                                                                          21 November 2011

Appendix 2 - Site Plan & Elevations

 

temp


temp


Ordinary Meeting                                                                                                          21 November 2011

Appendix 3 - Siting and Landscape Plan

 

temp


Ordinary Meeting                                                                                                          21 November 2011

Appendix 4 - Development Control Plan 2010 table

 

temp


temp


temp


Ordinary Meeting                                                                                           21 November 2011

A City of Opportunities

 

 

9

Section 96(1A) Application to Modify Development Consent DA11/0235 for a Liquor Store to remove Condition No. 2 at Lot 41 DP 610847 (No. 31) Moore Street, St Clair  Applicant:  Cityscape Planning and Projects;  Owner:  F & L Russo Pty Ltd   

 

Compiled by:               Ashlee Cutter, Environmental Planner

Authorised by:            Peter Wood, Acting Development Services Manager  

 

Objective

We have access to what we need

Community Outcome

A City with a strong local economy and access to jobs (6)

Strategic Response

Facilitate a diverse economy, sustainable businesses and secure employment base (6.1)

      

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

 

Executive Summary

This application was reported to Council’s Ordinary Meeting on 7 November 2011. Council resolved to defer the application to a future Council meeting to provide further clarification regarding the recommendation and that information is provided in this report.

 

Council determined Development Application No.11/0235 for the use of an existing shop as a Liquor Store at 31 Moore Street (Cnr Melville Road) by way of a time limited consent on 29 June 2011. An application under Section 96(1A) of the Environmental Planning and Assessment Act, 1979 was submitted on 6 September 2011 seeking to remove Condition No. 2 which limits the consent to a trial period of 12 months.

 

Condition No. 2 of that consent was imposed as way of ensuring that potential safety and security matters could be addressed should it become an issue during the first 12 months of operations of the liquor store. Another condition (Condition No. 8) required a Security Management Plan to be submitted for Council’s consideration prior to the issue of Occupation Certificate.

 

The Security Management Plan was conditioned for the operation of the premises to ensure appropriate safety and security measures were in place and to help prevent alcohol-related antisocial behaviour in response to concerns previously raised by the NSW Police Service - St Marys Local Area Command (LAC). The time limited condition also provided Council with an opportunity to review the consent for receipt and implementation of a satisfactory Security Management Plan.

 

Pursuant to Section 79C and Section 96(1A) of the NSW Environmental Planning and Assessment Act 1979, an assessment of the subject application has been made. In response to neighbour notification of this application, a total of one (1) written submission was received which raised concerns relating to the safety and security of the area, including the adjoining park, through anti-social behaviour. The applicant has now provided additional information including the Security Management Plan as part of the current application which negates the need for a time limited consent. The Security Management Plan condition is also recommended to be amended to require that the Security Management Plan be updated to respond to future concerns should they arise. Given this, and having regard to the matters discussed in this report, the application is recommended for approval.

 

Site and Surrounds

The ‘Melville Street Centre’ is a retail and commercial centre accommodating approximately 12 tenancies and some 61 parking spaces on the corner of Melville Road and Moore Street, St Clair. Shops at the centre include a takeaway store, pharmacy, bakery, Chinese restaurant, pizza shop and tobacconist. A medical centre is located towards the northern end of the centre. The tenancies (Shop 10 and Shop 11) in question are currently vacant, but were previously occupied by ‘Video Ezy' (See Locality Plan - Appendix No. 1).

The proposed liquor store is located near the following potentially sensitive land uses:

 

Distance

Use

Address

20m

Kindana Out of School Hours Care

25 Moore Street, ST CLAIR

30m

Holy Spirit Primary School

7-17 Todd Row, ST CLAIR

80m

Melville Road Family Medical Centre

12/41 Melville Road, ST CLAIR

 

Background

DA11/0235 was approved under delegated authority on 30 June 2011 and included the following aspects:

·    Fit out of existing tenancy (trading as BWS) including a proprietary manufactured internal cool room, shelving, and some minor exterior alterations (See Site Plan & Elevations - Appendix No. 2).

 

·    Hours of operation:

§ 9am – 8pm Monday to Wednesday

§ 9am – 9pm Thursday to Saturday

§ 10am – 7pm Sunday

 

·    Number of staff to total 8 (3 full time and 5 casual)

 

·    Two (2) business identification signs fixed to the existing awning fascia and three (3) non illumined business identification signs fixed to the southern elevation of the building.

 

The consent included conditions requiring a Security Management Plan and restricting the operating period to 12 months to ensure the premises operated without causing unreasonable impacts to the locality in response to concerns raised.

 

The Proposed Development

The Section 96(1A) Modification application proposes to delete Condition No.2 of the development consent which currently reads as:

 

“This consent is limited to a period of 12 months from the date of this consent. Prior to the expiry date of this consent, the applicant will be required to submit an application for any continuance of the use.”

 

The applicant has now submitted a Statement of Impact and a Community Impact Statement in support of their liquor license application. They have also submitted a Security Management Plan to satisfy Condition No. 8, demonstrating that the use will actively improve safety and security through the use of cameras, lighting and passive surveillance (See Security Management Plan - Appendix No. 3).

 

Planning Assessment

The development has been assessed in accordance with the matters for consideration under Section 79C and Section 96(1A) 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 96(1A) of the Environmental Planning and Assessment Act 1979

Under the provisions of Section 96(1A) of the Act, Council may in response to an application, modify a consent if the development as modified will achieve minimal environmental impact and be substantially the same development as originally approved.

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

Penrith Interim Development Order (IDO) No. 28

The subject site is zoned 3(c) – Neighbourhood Business under IDO No. 28 and the proposed development is defined as a shop. A shop is defined under the instrument as:

“Shop” means a building or place used or intended for use for the purpose of selling, exposing or offering for sale by retail goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this Order, or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause or for a roadside stall.

The proposed modifications do not diminish the approved development’s compliance with this definition.

The IDO does not define specific objectives for the 3(c) Neighbourhood Business zone, however the following is noted:

§ The proposal will provide opportunities appropriate to the surrounding neighbourhood and is consistent with the existing neighbourhood shops established in the centre;

§ It allows for sufficient commercial use to meet local needs and is of scale suitable to the area; and

§ It aids in consolidating retail and commercial activities around existing commercial uses.

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

Penrith Development Control Plan (DCP) 2010

Clause 1.2.5 of Part C1 Site Planning and Design Principles under the DCP outlines the principles of Crime Prevention Through Environmental Design (CPTED). The proposal to remove Condition No. 2 would need to adequately demonstrate that the design meets the requirements of CPTED and provides as far as possible limited opportunities for anti-social behaviour. The application was referred to Council’s Community Safety Officer and their comments are addressed under the following principles:

Principle 1: Natural Surveillance.

The proposal will be open after normal business hours until 9pm on most days of the week. The natural surveillance as a result of this shop being open these few additional hours will provide greater lighting in the car park and shop front area and increased security to the adjoining neighbourhood shops. The proposal will increase customer movements in this area after hours and therefore provide additional passive surveillance.

Principle 2: Access Control

The shop is clearly identified through the use of signage and the entrance is restricted to a single entrance fronting the car park. Condition No. 8 of the consent required a detailed Security Management Plan to be provided for Council’s consideration prior to the issue of Occupation Certificate.  The Security Management Plan is to detail:

-        Use of CCTV systems;

-        Use of an intruder alarm system;

-        Staff procedures to respond to an armed hold-up/robbery;

-        Use of CCTV systems;

-        Incident reporting and documentation of any occurrences of anti-social behaviour to ensure that the relevant authority is informed and to record what action was taken to prevent the incident’s reoccurrence; and

-        Procedures to prevent alcohol-related antisocial behaviour and loitering around the outlet and adjacent car park and bus stop area.

 

The Security Management Plan has been provided as part of the application and details procedures for safety, security and to prevent alcohol-related anti-social behaviour.

Principle 3: Territorial Reinforcement

The design of the store is clearly defined through an easily recognisable store entrance, visible signage and additional lighting enabling:

§ People to clearly observe the store before entering, and to enable persons inside the store (particularly staff) to observe persons outside the store entrance;

§ Internal areas to be well lit, utilising lighting after-hours to assist in surveillance of the store outside of operational hours;

§ Additional lighting around the store to enable clear vision for CCTV cameras. This will also provide for greater visibility for the patrons and passive surveillance of the store from neighbouring premises and/or nearby residential properties.

Principle 4: Space Management.

The additional information provided by the applicant in the Statement of Impact indicates that policies and procedures will be in place to help minimise the risk of alcohol related anti-social behaviour associated with this development.

Procedures to prevent alcohol-related antisocial behaviour such as loitering around the outlet and adjacent car park area, bus stop and neighbouring reserve could be implemented.  Council has adopted an Alcohol Free Public Spaces Policy (PDAS 005 adopted 30 May 2011), where Council may erect a notice in accordance with Section 632A of the Local Government Act 1993. These areas are known as Alcohol Prohibited Areas and may only be established by a resolution of Council. This is not recommended at this stage however it is an option Council could pursue in the future should ongoing issues arise.

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

The ‘Melville Street Centre’ hosts a number of local commercial premises servicing the needs of the adjoining residential area. The proposal represents an existing opportunity to expand this range of shops which will not adversely impact the current use of the site or adjoining sites and land uses.

 

The use is appropriately defined as a shop under IDO No.28 comprising retail business within a mix of other existing businesses. The development will not introduce liquor stores to the area for the first time with St Clair shopping centre located 800m to the east. It will merely allow for a conveniently located liquor store for the residents of St Clair as an alternative to that existing.

 

Concern was expressed by St Marys LAC as part of the original application regarding increased anti-social behaviour resulting from a bunching effect of licensed premises. The applicant has furnished Liquor Licensing data from the NSW Office of Liquor Gaming and Racing indicating an under–provision of licensed premises in the relevant trade area (LC) when compared to that of broader community of Penrith (BC) and that of New South Wales figures.

 

From the table above it can be seen that the trade area has a significantly lower number of liquor licences than the number of liquor licences per 100,000 population provided by the NSW Office of Liquor Gaming and Racing’s Social Profile Report which reviews outlet density.

 

The applicant has also provided information undertaken by Woolworths that, based on past experience, 84% of BWS customers are within the 25+ age group. The majority of customers to the site will not be within the age group of 18 to 24 years and therefore are not within the higher at risk age for alcohol related incidents.

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

The neighbourhood shop location is conducive to the proposed localised liquor store. The issues raised previously by the Police are valid and have been addressed through additional information. The applicant has provided evidence of the proposed operations which will mitigate the potential for anti-social behaviour to occur.  The proposed modifications would not diminish the suitability of the site for the development.

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

Referrals

The application was referred to the following stakeholders and their comments have formed part of the assessment:

Referral

Comments

Community and Safety

No objection to the removal of Condition No.2. The submitted Security Management Plan is satisfactory.

Council’s Community and Safety Coordinator advised St Marys Police LAC of the proposed modification and provided a date to which comments are to be received should the Police have any issues. Comments were not received and therefore it is taken that no issues were raised by St Marys Police LAC.

Community Consultation

In accordance with Clause 96(1A)(c) and the provisions of section 2.7 of Penrith Development Control Plan 2006, the application was re-notified to nearby and adjoining neighbours. One (1) written submission was received objecting to the proposal during the assessment of the original application. A number of phone calls were also received, however most concerns raised verbally were mitigated by the imposition of the time limited condition.

The application to remove the time limited condition was notified between 13 September 2011 and 27 September 2011 to seventy two (72) properties in the area including the adjoining primary school and community uses. This notification was double that of the original application to capture those who previously raised issues verbally.

As part of that notification, a further written submission was received from the resident who objected originally. This was the only submission received to the current proposal and raised objections to the proposed modification relating to alcohol consumption on and near the site, increased rates of anti-social behaviour after hours, waste management and risk to the surrounding neighbourhood.

The Security Management Plan has now been provided which responds to issues raised in the submission. It is recommended however that, as a further response to the objector concerns, the Security Management Plan be reviewed and updated at the request of Penrith City Council and/or the NSW Police should any matters of safety, security or antisocial behaviour arise to provide for an ongoing response by amending Condition No.8 as follows:

 

“The Security Management Plan is to be reviewed and updated to incorporate mitigation measures by store management at the request and to the satisfaction of Penrith City Council and/or the NSW Police to respond to any occurrences of safety, security and anti social behaviour.”

 

This is consistent with the current Condition No.12 of the consent which states:

 

“Store Management are to be available at a mutually convenient time, at the invitation of Penrith City Council and/or the NSW Police, to discuss and action community safety, security or other issues should the need arise.”

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

The proposal remains consistent with the zoning under Penrith Interim Development Order No. 28 and the provisions of Penrith Development Control Plan 2006 in that the use is defined as a shop which is an appropriate use in a neighbourhood business zone. The applicant has provided additional detail regarding the safety and security operations of the shop and the intention of Condition No. 2 is satisfied subject to the amendments recommended for Condition No.8 discussed above.

At Council’s meeting of 7 November 2011 a view was expressed that there may be negative community reaction in the area once the use was established. In our view, the submitted Security Management Plan and the recommended amendments to Condition No.8 provide a solid strategy to resolve any future issues should they arise. Furthermore, Council and the NSW Police Service have authority under legislation not relevant to this application to ensure the safety and amenity of residents of the area should the need arise in the future. However, if Council is of a mind to retain the 12 month time limited consent condition, it would need to refuse the current Section 96(1A) application and identify the reasons for that refusal.

Given the above, and the absence of any significant community concern, it is considered that the development is not contrary to the public interest.

 

Conclusion

The proposal has been assessed having regard to the provisions of Penrith Interim Development Order No. 28 and Penrith Development Control Plan 2006 and is satisfactory. The proposed development as modified remains substantially the same development as originally approved and would have an unlikely adverse impact upon surrounding development in the vicinity of the subject site.

 

BWS is a large franchise run by Woolworths, and has indicated it will endeavour to provide the best possible security management practices on site. The concerns originally expressed by St Marys LAC have been addressed in the information provided as part of this modification and found to be satisfactory. There has been no significant community concern expressed.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Section 96(1A) Application to Modify Development Consent DA11/0235 for a Liquor Store to remove Condition No. 2 at Lot 41 DP 610847 (No. 31) Moore Street, St Clair be received.

2.     The Section 96(1A) Application to Modify Development Consent DA11/0235 for a Liquor Store to remove Condition No. 2 at Lot 41 DP 610847 (No. 31) Moore Street, St Clair be approved by:

2.1       Deleting the following Condition No.2:

This consent is limited to a period of 12 months from the date of this consent. Prior to the expiry date of this consent, the applicant will be required to submit an application for any continuance of the use.

 

2.2       Amending Condition No.8 to read:

“The Security Management Plan is to be reviewed and updated to incorporate mitigation measures by store management at the request and to the satisfaction of Penrith City Council and/or the NSW Police to respond to any occurrences of safety, security and anti social behaviour.”

 

3.     Those who made submissions be notified of the determination.

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan

1 Page

Appendix

2.  

Floor Plan & Elevations

1 Page

Appendix

3.  

Security Management Plan

6 Pages

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Locality Plan

 

 

Locality Plan

Section 96(1a) Modification to Development Consent 11/0235 to remove Condition No. 2


Ordinary Meeting                                                                                                          21 November 2011

Appendix 2 - Floor Plan & Elevations

 

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Ordinary Meeting                                                                                                          21 November 2011

Appendix 3 - Security Management Plan

 

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A Green City

 

Item                                                                                                                                                Page

 

10      Waste and Sustainability Improvement Payment Program

 

11      Penrith Recycled Water Scheme Stage 2

 

 



Ordinary Meeting                                                                                           21 November 2011

A Green City

 

 

10

Waste and Sustainability Improvement Payment Program   

 

Compiled by:               Tracy Chalk, Waste and Community Protection Manager

Authorised by:            Yvonne Perkins, Acting Group Manager - City Presentation   

 

Objective

We use our resources wisely, and take responsibility for our levels of consumption

Community Outcome

A City with a smaller ecological footprint (12)

Strategic Response

Respond to the impacts of climate change, by mitigating and adapting what we do (12.1)

       

 

Executive Summary

The Local Council Waste and Sustainability Improvement Payments (WaSIP) commenced in 2009-10 to assist councils to invest in additional actions and programs that improve resource recovery and sustainability outcomes across their local government areas. The Waste and Sustainability Improvement Scheme is described in Part 5A of the Protection of the Environment Operations (Waste) Regulation 2005. In October 2011, regulatory amendments streamlined the funding arrangements for councils so that a single pool of funds is allocated annually to eligible councils in the Sydney Metropolitan Area (SMA), Extended Regulatory Area (ERA) and Regional Regulated Area (RRA) in proportion to their population. This amendment has meant a slight decrease to Council from the funds previously available due to the increased number of councils accessing the available funds.

 

Background

To be eligible to receive a Waste and Sustainability Improvement Payment, councils in the regulated area (SMA/ERA/RRA) are required to commit to meeting both the ongoing and current year's WaSIP Standards. In August each year SMA/ERA/RRA councils can apply for a Waste and Sustainability Improvement Payment by sending the Office of Environment and Heritage (OEH) formerly the Department of Environment and Climate Change and Water (DECCW) a WaSIP Certificate signed by their General Manager.

 

The Certificate commits the Council to:

§  complying with the WaSIP Guidelines,

§  investing the payments in actions and programs to improve waste and environmental sustainability outcomes based on local priorities,

§  providing an action table that details the waste and sustainability actions that will be delivered as a result of receiving the payments,

§  providing a financial report on the waste and sustainability outcomes achieved.

Current Position

This year, Council’s proposed program and use of funding for 2011-12 is broader in scope and includes a number of sustainability initiatives in energy conservation, water conservation and resource recovery.

 

Council’s application to OEH has been submitted for 2011-12 and, pending approval, $1,040,000 will be available.

 

Council pays a State Government levy for each tonne of waste it disposes of at landfill.  The current waste levy is $82.20 per tonne and will increase by $10 per tonne plus CPI for the next five years resulting in a levy of over $130 per tonne in 2017.  The levy will apply to all waste collected from residual waste bins (red lid) if the waste is disposed of at landfill. 

 

A proportion of the waste levy paid by Council is returned annually via the WaSIP program provided that Council satisfies the criteria set by the State Government.  The criteria include, but are not limited to, the development and implementation of waste avoidance and resource recovery strategies and associated services. New criteria are set by the OEH each year and Council must comply with all previous and any new criteria.

 

Criteria includes:

 

§  Commence reporting on environmental sustainability performance/KPIs from Council’s Sustainability Action Plan in Council’s Annual Report, commencing with the 2011–2012 Report;

§  Implement Council’s adopted Sustainable Events Management Policy;

§  Undertake a climate change risk assessment for council operations and submit the assessment report to OEH by 31 May 2012;

§  Implement Council’s Strategic Waste Action Plan that contains performance milestones that will contribute to Council reaching the 2014 municipal waste target;

§  Analyse the amount of dry recyclables being disposed in householders’ residual waste bins and put in place measures to increase recycling of these materials;

§  Analyse the amount of food organics being disposed in householders’ residual waste bins and put in place measures to decrease the amount of food organics going to landfill;

§  Submit the Audit report and raw data sheets from the household residual waste;

§  Recycling composition audit completed between November 2010 and November 2011.

 

In October 2011, regulatory amendments streamlined the funding arrangements for councils so that a single pool of funds is allocated annually to eligible councils in the Sydney Metropolitan Area, Extended Regulatory Area and Regional Regulated Area in proportion to their population.

 

The WaSIP Program is available to 72 councils. The 38 Sydney Metropolitan Area (SMA) councils and the 13 Extended Regulated Area (ERA) councils, that is the Greater Metropolitan Area incorporating the Lower Hunter, Sydney Metro and Illawarra Regions, and the 21 councils in the Regional Regulated Area (RRA) which includes the Upper Hunter Region, the coastal councils to the Queensland border and Blue Mountains and Wollondilly Councils.

 

This amendment has meant a slight decrease to Council in the funds previously available due to the increased number of councils now eligible to apply for funding.

 

Council’s application to OEH has been submitted for the 2011-12 program and, pending approval, $1,040,000 will be available.

 

This year, Council’s proposed program and use of funding for 2011-12 is broader in scope and includes a number of sustainability initiatives in energy conservation, water conservation and resource recovery. Currently being considered are programs in city litter management, contamination management of  the organics/recycling  service, use of recycled organics on sporting fields, alternative waste treatment of street and parks litter bin waste, interoffice sustainability, blue green algae minimisation, installation of sub-surface irrigation with back-to-base monitoring, design of wetlands to improve water quality from the Emu Plains Catchment and installation of a modular thermal solar heating systems in council recreational facilities.

 

Further advice will be reported prior to the end of the current financial year.

 

 

 

RECOMMENDATION

That the information contained in the report on Waste and Sustainability Improvement Payment Program be received.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           21 November 2011

A Green City

 

 

11

Penrith Recycled Water Scheme Stage 2   

 

Compiled by:               Tim Gowing, Senior Water Management Officer

Authorised by:            Graham Liehr, Environmental Health Manager   

 

Objective

Our natural habitats are healthy

Community Outcome

A City with healthy waterways and protected natural areas (11)

Strategic Response

Work with others to protect and conserve the River, waterways and catchments, and natural environments (11.1)

       

 

Executive Summary

Council has previously considered reports regarding the Penrith Recycled Water Scheme Stage 2. The project will deliver up to 200ML per year of tertiary treated water from the Penrith Sewerage Treatment Plant primarily for irrigation of a number of sporting fields.

 

At its Ordinary meeting held on 2 May 2011, Council resolved to engage NSW Public Works to undertake the Concept Design and Risk Assessment reports for the scheme. The appointment of NSW Public Works also included a provision to complete a detailed design of the scheme, should the concept design and risk assessment determine that the project is likely to be viable. The report also recommended a further report be presented to Council on completion of the concept design and risk assessment and that subject to the acceptance of the risk assessment report, NSW Public Works be further engaged to undertake the detailed design and Review of Environmental Factors.

 

The risks that have been identified through the investigations are considered manageable and are expected to be resolved during the completion of the detailed design and business case.

 

The completion of the Concept Design and Risk Assessment reports satisfies Milestones 2 and 3 of the funding agreement with the Federal Government. A Milestone report has been submitted and approval is anticipated from the Department of Sustainability, Environment, Water, Population and Communities (DSEWP&C) to progress to the detailed design stage of the project.

 

This report updates Council on the progress of the project.

 

Background

In August 2008 Senator The Hon Penny Wong, Minister for Climate Change and Water, advised Council of the Australian Government’s commitment to provide funding of up to $2.7 million for the proposed Penrith Recycled Water Scheme Stage 2 under the “Water for the Future – National Water Security Plan for Cities and Towns”.

 

Reports have been provided to Council regarding the grant and the proposed Penrith Recycled Water Scheme Stage 2 at Ordinary meetings on 2 May 2011, 19 April 2010 and 12 October 2009. In summary, the reports introduced the project, the funding arrangements and provided details regarding the negotiations with Sydney Water and potential customers.

 

At its Ordinary meeting held on 2 May 2011, Council resolved to engage NSW Public Works to undertake the Concept Design and Risk Assessment reports for the scheme. The appointment of NSW Public Works also included a provision to complete a detailed design of the scheme, should the concept design and risk assessment determine that the project is likely to be viable. The report also recommended a further report be presented to Council on completion of the concept design and risk assessment and that subject to the acceptance of risk assessment report, NSW Public Works be further engaged to undertake the detailed design and Review of Environmental Factors.

 

The Concept Design and Risk Assessment report for the Recycled Water Scheme have both now been completed and a Milestone report has been submitted to the DSEWP&C. Approval is anticipated from DSEWP&C to progress to the detailed design stage of the project.

 

Concept Design Report

The concept design report was prepared to investigate the options available to ensure that the project could be successfully delivered. The concept design report aimed to:

 

·    Describe the major components and their intended design basis,

·    Provide a breakup of the concept level capital cost estimate, and

·    Identify the required approvals from external agencies.

 

The concept design report included an investigation into the network pipe options as well as an investigation into the potential delivery pipe route options. The assessment included a CCTV assessment of a disused sewer pipe which Sydney Water had made available for use in the scheme.

 

The review of the risks associated with the delivery system determined it was beneficial to construct a new delivery pipeline. This option was preferred as it has reduced risks. Since engagement of NSW Public Works to undertake the Concept Design, an alternative route has been identified which will further reduce risks associated with existing services including telephone, stormwater, underground power, natural gas, water and sewer pipelines. The investigation into the alternative route will be undertaken as part of the detailed design.

 

The concept design also indicates the construction costs remain consistent with the funding allocation of $2.7M. The detailed design will provide the necessary certainty as to the final project cost.

Risk Assessment Report

The Risk Assessment Report prepared by NSW Public Works involved a workshop to assess the risks identified with the project. On 25 July 2011 staff from relevant Penrith City Council departments, including operational areas, participated in the risk assessment workshop which was facilitated by NSW Public Works.

 

The aim of the workshop was to complete a life cycle risk assessment for the construction and the future management, operation, maintenance and financial sustainability of the project. The assessment of risks for this workshop followed the standard protocols outlined in the Australian Guidelines for Water Recycling (AGWR, 2006).

 

All risks identified in the workshop are considered manageable. Strategies were developed to effectively manage the risks and there are no risks which would discourage a decision to proceed to the detailed design.

 

With regard to the operational cost of the scheme, negotiations have continued with Sydney Water. On 7 November 2011, Sydney Water confirmed that the cost of the recycled water that was offered to Council during the feasibility investigations remains unaltered.

Conclusion

All risks identified in the Risk Assessment process are considered manageable and are expected to be resolved during the completion of the detailed design and business case.

 

The completion of the Concept Design and Risk Assessment reports satisfies Milestones 2 & 3 of the funding agreement with the DSEWP&C and consequently a Milestone report has been submitted seeking approval to progress to the detailed design stage of the project.

 

Subject to receiving approval from the DSEWP&C, a Business Case for the project will be finalised concurrently with the preparation of the Detailed Design and compilation of this information will determine the project’s viability. On completion of the detailed design stage of the project a report will be brought back to Council for a decision on whether to proceed with the construction of the scheme.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith Recycled Water Scheme Stage 2 be received.

2.     A further report be presented to Council on completion of the detailed design stage of the project and prior to proceeding to the construction phase of the project.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Liveable City

 

Item                                                                                                                                                Page

 

12      Penrith War Memorial Swimming Pool - 50th Anniversary Event

 

13      Reclassification of Land - Council Free Parking Area Agreements

 

14      Tender Reference 21-10/11, Roof Replacement and Rectification at Ripples Aquatic Centre

 

 



Ordinary Meeting                                                                                           21 November 2011

A Liveable City

 

 

12

Penrith War Memorial Swimming Pool - 50th Anniversary Event   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with active and healthy communities (19)

Strategic Response

Provide community facilities, and recreation and leisure programs, that encourage healthy activity (19.1)

       

 

Executive Summary

Penrith War Memorial Swimming Pool opened its doors for the first time for general public swimming on Australia Day, 26 January 1962. As part of celebrating the swimming pool’s 50th year of operation in 2012 it is proposed to hold a series of events and promotions, the first of which is a Family Fun Australia Day. This report recommends that Council endorse free admission to the Swimming Centre on 26 January 2012 and that the information about the proposed activities on the day be received.

Background

For the residents of Penrith and surrounding areas the Nepean River was the place to swim until the introduction of the Warragamba Hydro-Electricity scheme which, it was reported, affected water temperature and river condition. Subsequently, it became less desirable to swim in the river at that time and impetus began to develop a swimming pool in Penrith.

 

The main movement towards the establishment of a Swimming Pool in the Penrith area occurred after representations from Bruce Neale, Roy Handley and Edna Dunn who, after visiting other pools in NSW, presented Council with slides and information about these public pools.  In 1957 Alderman B N Fowler, acting in his official position as Mayor, convened a public meeting. The object of the public meeting was to form a committee of local citizens to raise money towards the construction of the pool. The meeting resulted in the election of a committee known as the Penrith War Memorial Swimming Pool Committee.

 

It was reported in the Mayoral Report of the Ordinary Council Meeting of 13 November 1962 that:

 

‘Work commenced on the construction of the swimming pool early in 1961 and it was completed in January, 1962, at a cost of £103,000. Council received donations from the following local organisations:

 

-      Penrith War Memorial Swimming Pool Committee £5,800,

-      Penrith R.S.L Club £1,420,

-      The Boy Scouts’ Association £100.

-      A grant of £6,000 was received from the Department of Public Works (because of the adverse effect of the Warragamba Dam scheme on swimming facilities in the river).

 

The balance of the finance for the swimming pool project was obtained from revenue £38,000 and loans £55,000.’

The modern history of swimming in the Penrith region began on 26 October, 1961 with the formation of the Penrith Amateur Swimming Club three months prior to the opening of the Penrith War Memorial Swimming Pool to the general public. The first reported general public entrance was on Australia Day, 26 January 1962. It was reported in the Nepean Times on 1 February 1962 that: 

“Queues of children were waiting at 5 am on Friday for the pool to open at 6 am”.

An official civic opening was later conducted on Saturday 31 March 1962 by Alderman B N Fowler, President of the Penrith War Memorial Swimming Pool Committee to mark this significant addition to Council’s recreation and leisure facilities.  The opening was followed by a swimming exhibition by some of the State’s leading amateur swimmers. A newspaper report providing details of the opening and an opening ceremony program has been provided to Councillors under separate cover.

 

President of Penrith RSL sub branch at that time, Mr A Buller, said that the pool would stand with St Marys Memorial Hall and Memory Park as monuments to those ‘who did not return.’

 

The completed project remains similar to today’s facility and provided a main 50m swimming pool, two small children’s pools, kiosk, administrative buildings, change rooms, showers and toilets. The pool was constructed by Shelbulton Pty Ltd and the buildings by A.C Mackey. The surrounding landscaping was carried out by Council’s own staff and was reported to “provide ample space for picnicking and relaxation.”

 

At the time of opening, the population of the City of Penrith was approximately 31,868 and the cost of entry at opening was 2/- for adults, 6d for children and 3d for school children in classes. In its first season the pool recorded 88,025 visits between 26 January and 15 April 1962.

 

The pool reopened again for the 1962/1963 season on 29 October and work was well underway for the construction of a training pool to be completed in early 1963.

Current Situation

Swimming Pool Operations

50 years on, Penrith War Memorial Swimming Centre, along with Ripples St Marys,

continues to provide important aquatic recreation services for the population of approximately 180,000 in the Penrith Local Government Area. Penrith War Memorial Swimming Pool has been, and continues to be, presented to a high standard. It is consistently recognised amongst the most attractive facilities of its type and for a number of years has been branded as the ‘Best Backyard in Town’.

 

Since the opening of the pool, residents now have a plethora of new and additional leisure opportunities that were either not available, or were more limited in their nature in 1962. These opportunities include, for example, increased recreational activities on the river and at Sydney International Regatta Centre, major retail, whitewater rafting, multi-screen cinemas, multi-media home entertainment, health fitness gyms and several private swim centres among others. Despite this, Penrith War Memorial Swimming Pool attracts 134,000 user visits per annum on average. Significantly, the users benefit from a range of programs, including learn to swim, swimming clubs, free community learn to swim, school programs, school carnivals, Austswim training, resuscitation training, Department of Education Programs, water polo, masters swimming, Penrith Panthers training, and activities at the Quarterdeck Function Centre (celebrations, yoga, drama and other community group activities).

 

To meet contemporary customer expectations, improve operational effectiveness, meet the swimming pool operating regulations and guidelines, and provide accessible and affordable recreational activities, the Penrith War Memorial Swimming Pool has undergone a series of capital upgrades, operational reviews and amendments to its fees and charges structure during the course of the last 3 years. This has resulted in the following:

 

-  Gaining the Royal Life Saving Society Australia (RLSSA) 5 Star Safety

    Accreditation Rating

-  Approval as an RLSSA Swim and Survive Pool

-  Becoming an Austswim accredited centre

-  Introduction of free swimming for Over 70’s, the introduction of concession rates for a wide range of  user categories, reduced family swim rates, and the introduction of discounted 6 month and annual membership passes for individuals and families

-  Becoming fully accessible for people with disabilities including a specialised range of equipment in a dedicated accessible change room, as well as installation of a pool hoist

-  Development of a dedicated family change room

-  Upgrades to Quarterdeck function centre providing shade, kitchen, toilets, upgraded deck, and increased accessibility

-  Upgrades to amenity building, office accommodation and kiosk

-  Renewed concourse around the main 50m pool

-  Installation of environmentally efficient equipment such as the Backwash Recycle

System. In addition, all items outstanding in Council’s water efficiency plan are being addressed as a matter of urgency with several items already being rectified.

 

It is anticipated that these improvements, as well as the continuing operational and facility planning, will lay the foundations for the future of swimming in Penrith. This future planning includes the current Aquatic Business Modelling Feasibility Study that is currently being undertaken and will be presented to Council in the New Year. The study, which also includes Ripples St Marys, will offer a range of suggestions regarding future facility development, asset and facility management, and operational effectiveness and efficiencies.

 

50th Anniversary Celebrations

To celebrate the significant achievement of being in business for 50 years, Penrith War Memorial Swimming Pool is planning a series of events and promotions for 2012. While this overall program is yet to be finalised, a Family Fun Australia Day is confirmed for 26 January next year. Programmed to take place during the day, the event will complement Council’s showcase Australia Day spectacular held at Sydney International Regatta Centre in the evening. It will also benefit from being included in the marketing of that event through inclusion in the implementation of Council’s Australia Day communication strategy.

 

The event at Penrith War Memorial Swimming Pool to celebrate its 50th year will encourage healthy, active, fun participation by families in aquatic, recreation and leisure activities. It is proposed, subject to Council endorsement, to offer free entry to visitors so that they can participate in the event program for the day which is planned to include elements such as:

 

·    Entertainment and community performance

·    Jumping castles and attractions

·    Aquatic Inflatables

·    Novelty Races

·    Resuscitation Demonstrations

·    Free Learn to Swim Lessons and Assessments

·    Fitness Activities

·    Community BBQ Breakfast

·    Craft and Children’s activities

 

The day will also include an official Civic component to recognise the anniversary.

 

The benefits associated with holding a Family Fun Australia Day will provide Penrith War Memorial Swimming Pool with the opportunity to showcase its facilities, products, and services as well as those of its user groups through their inclusion in the day. Past open days have resulted in positive outcomes for both the community and the facility including new patronage, increased water safety skills and awareness, increased kiosk sales, and an enhanced relationship with our community partners.

 

Financial Services Manager’s Comment

Despite a closure earlier in the year, Penrith War Memorial Swimming Pool is currently performing well and income is over $9,000 ahead of the phased budget while expenditure projections are within year to date estimates.

 

The following table provides details of income and attendances on Australia Day for the last 3 years.

 

 

Daily Attendance

Daily General Income

Max temperature

Monday 26 Jan 2009

372

$1,135.00

Overcast 32

Tuesday 26 Jan 2010

784

$2,240.50

Afternoon Storm 32

Wednesday 26 Jan 2011

1003

$2,798.00

Max temp 39.9

Average

719

$ 2,058.10

 

 

It is considered that the current financial performance of the swimming pool can accommodate both the provision of free entry to the pool for this one off special event and the costs of implementing the event within the existing budget capacity.

 

 

Conclusion

The 50th Anniversary of the facility provides a great opportunity to celebrate the service and memories that the centre has provided for many thousands of past and current members of the community. It is appropriate that this celebration happens on Australia Day 2012 in the ‘Best Backyard in Town.’

 

Councillors will be provided with details of other events in the year at a later date. In particular, subject to successful discussion with the swimming clubs, it is anticipated that details of a celebratory swimming gala event to be held in February or March 2012 will be available in the near future.

 

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Penrith War Memorial Swimming Pool - 50th Anniversary Event be received.

2.     Entry be provided free of charge to Penrith War Memorial Swimming Pool for the Family Fun Australia Day, 26 January 2012.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           21 November 2011

A Liveable City

 

 

13

Reclassification of Land - Council Free Parking Area Agreements   

 

Compiled by:               Noel Fuller, Co-ordinator Ranger and Animal Services

Authorised by:            Tracy Chalk, Waste and Community Protection Manager   

 

Objective

Our public spaces encourage safe and healthy communities

Community Outcome

A City with safe, inviting parks and public spaces (18)

Strategic Response

Provide safe, well-maintained public spaces and parks (18.1)

       

 

Executive Summary

The purpose of this report is to inform Council that under a free parking area agreement, private land passes to Council control and to inform of Council’s requirement in accordance with the Local Government Act, relating to the classification of the land as operational land, and of the inclusion of the land in the Council asset register.

 

Council’s regulatory services team patrols a number of car parks, the city precincts and hospital areas so as to optimise the availability of parking available across the local government area.

 

Glenmore Park Town Centre has been engaged in a free parking agreement with Council from 6 June 2006. From the commencement of this agreement, Council Rangers have effectively enforced the restricted parking signs on Town Terrace and the disabled parking bays within their car park area. This agreement with Glenmore Park Town Centre is supported by the Glenmore Park Action Group and Council as a further opportunity for Council to support local businesses and provide added safety for pedestrians. Additionally, the agreement provides an effective instrument to increase availability to those using disabled parking bays with the appropriate permit and reduces the impediment to persons who should be able to use these spaces.

 

In early 2008, Council received a request from the Centre Management of Westfield Penrith Shopping Centre, Penrith and Centro Nepean Shopping Centre, Penrith to enter into a parking agreement with Council to regulate disabled parking bays and ‘No Parking’ areas within their car parks, and to regulate the loading dock areas, under Section 650 (Subsection 6) of the Local Government Act.

 

The Local Traffic Committee meeting of 4 February 2008 considered the report and referred this matter to Council for consideration at Council’s Ordinary Meeting of 25 February 2008, where approval was provided to enter into an agreement to carry out parking enforcement of disabled parking spaces, and “No Parking” areas within the private carparks of Westfield Penrith and Centro Nepean.

 

The Director-General of the Division of Local Government has established guidelines and as described within the Director-General’s guidelines if private land passes to council control under a free parking area agreement, the council will need to ensure that the requirements of the Local Government Act relating to the classification of the land (as operational land), and the inclusion of the land in the council’s asset register are met.

 

Accordingly, it is recommended that the lands indentified in this report be classified as operational land in accordance with the Director General Guidelines and only for the purpose of the free parking agreement, so as to provide for continued service by Council’s Regulatory Services team, providing for greater availability of parking available in the Penrith local government area.

 

Current Situation

Since the commencement of the current free parking agreements (Glenmore Park Town Centre and Centro Nepean) the public and the centre managers have often provided positive feedback. Centro Nepean Manager has advised Council that since the establishment of the agreement, shop owners have noticed an increase in sales and the car vehicle turnover per bay has increased.

 

The following property details are provided for further information:

 

Glenmore Park Town Centre

Lot 9100, DP 1022720, 1 Town Terrace, Glenmore Park NSW currently has a Free Parking Agreement in place. The Town Centre property is divided by Town Terrace, a length of private road which extends from Luttrell Street to Glenmore Parkway. Town Terrace is included in the agreement so as to provide for regulatory patrols of all restricted parking signs located on this length of road.

 

Centro Nepean Shopping Centre

Lot 1, DP 715198 and the industrial units owned by Centro Nepean, Lot 1 DP 733980 have accepted and signed a Free Parking Area agreement with Council to allow for Council to undertake the nominated compliance in the car park.

 

Westfield Plaza

Lot 1, DP1137699, Westfield Penrith, 585 High Street, Penrith NSW 2750, has approached Council to enforce their Disabled Parking Bays, Loading Docks and No Parking Zones.  This proposed agreement is currently under negotiation.  Council is waiting for a response from Westfield’s legal representatives before proceeding further.

 

Coles Group Property Development Limited

 Lot 1 DP 1139433, 99 Woodriff Street, Penrith. This site is anchored by ‘1st Choice Liquor’, and adjoins that of Centro Nepean Shopping Centre. Coles has approached Council and requested a parking agreement.  This proposed agreement is currently with Coles’ legal representatives.

 

Discussion

Section 650(6) of the Local Government Act 1993 provides that the owner of any private land may enter into an agreement with the council under which the land, or any part of the land, is set aside for use as a free parking area.

 

Section 650(7) of the Act requires the Director-General of the Division of Local Government to establish guidelines, which the Council must follow, in relation to free parking agreements.

 

The Director-General has established guidelines and as described within the Director-General’s guidelines it provides that if private land passes to council control under a free parking area agreement, the council will need to ensure that the requirements of the Local Government Act relating to the classification of the land (as operational land), and the inclusion of the land in the council’s asset register are met.

 

The Local Government Act-Section 31, Classification of land acquired after July 1993, states; (1) This section applies to land that is acquired by a council after the commencement of this Division, other than:

(a) land to which the Crown Lands Act 1989 applied before the acquisition and continues to apply after the acquisition, and

(b) land that is acquired for the purpose of a road.

(2) Before a council acquires land, or within 3 months after it acquires land, a council may resolve (in accordance with this Part) that the land be classified as community land or operational land.

(2A) Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.

(2B) While the land remains unclassified:

(a) the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and

(b) the council may not dispose of any interest in the land.

(3) A council must not resolve under this section that land be classified as operational land if:

(a) the land is classified as community land immediately before its acquisition, or

(b) the resolution would be inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.

 

As such, it is recommended that the lands previously indentified in this report be classified as operational land in accordance with the Director General Guidelines and only for the purpose of the free parking agreement, so as to provide for continued service by Council’s Regulatory Services team, providing for greater availability of parking available in the Penrith local government area.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Reclassification of Land Council Free Parking Area Agreements be received.

2.     These identified lands (even though they are privately owned) be classified as operational land in accordance with the Director General Guidelines and only for the purpose of the free parking agreement.

3.     Glenmore Park Town Centre, Westfield Penrith, Centro Nepean and Coles (1st Choice Liquor’) be advised of Council’s decision.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                           21 November 2011

A Liveable City

 

 

14

Tender Reference 21-10/11, Roof Replacement and Rectification at Ripples Aquatic Centre   

 

Compiled by:               Craig Ross, Major Projects Manager

Ari Fernando, Major Projects & Design Co-ordinator

Authorised by:            Wayne Mitchell, Group Manager - City Infrastructure   

 

Objective

Our physical infrastructure is adaptable, and responds to changing needs

Community Outcome

A City with infrastructure that responds to community needs (17)

Strategic Response

Provide well-maintained community buildings (17.1)

       

 

Executive Summary

Council considered a report on the tenders for the roof replacement at Ripples at its meeting of 18 July 2011 and resolved to award the contract to Bilas Knight Pty Limited with a delayed start of April 2012.  Bilas Knight has advised Council that they now cannot proceed with the tender.  It is now recommended that the tender for the Roof Replacement and Rectification at Ripples Aquatic Centre be readvertised.

Background

Council called for tenders for the partial roof replacement at Ripples in April this year and, during the tender assessment, sought clarification from the tenderers as to their pricing if the start date for the works was extended to April next year.  The report to Council in July 2011 indicated that Bilas Knight would hold their fixed price and that it would be only subject to rise and fall (Building Price Index -BPI).

 

The submissions received at that time were as follows:

 

Company

Tendered Price

Duration of Contract

Bilas Knight Pty Limited

$1,068,432.00 ex GST

16 weeks

Kinsley Constructions Pty Ltd

$2,513,869.10 ex GST

28 weeks

Kinsley Constructions Pty Ltd following tender clarifications

$2,263,536.50 ex GST

 

Murphys Group Services

$1,439,177.76 ex GST

20 weeks

 

During the process of negotiating the awarding of the tender to Bilas Knight, it became clear that the response from Bilas Knight was ambiguous and, on clarification, it was found that they intended that the steel items would be subject to any supply price increases (steel prices have recently increased 10%).

Current Situation

Bilas Knight has now indicated that they cannot proceed with a delayed start and the price being subject to only BPI increases and have withdrawn their tender.

 

It was considered that given the price increases for steel and the limited number of companies that were capable of carrying out the work, opportunities for considering the next tenderer should be investigated.

 

As part of this consideration, discussions were held with the next lowest tenderer, Murphys Group Services, and they have confirmed that their prices will hold firm for a delayed start.  This company has previously satisfied the necessary financial and referee checks during the tender process.

 

However, subsequent legal advice indicated that this process may not be compliant with the provisions of Tendering within the Local Government (General) Regulation.

Other Works

The proposed shut down of the pool has provided the opportunity to carry out other rectification and rehabilitation works at the pool.  These include the resurfacing of the concourse area, the relocation of the lighting from above the pool and re-tiling and the re-grouting of the pool surface.  Repainting of the pool interior and replacement of the water slide and feature (Noddy car) will also be carried out.

 

Separate quotes are being obtained for this work from specialist sub-contractors with the intention of engaging them directly by Council.  This work would normally have to be carried out outside of the roofing contract period.  This would extend the pool down time. 

 

To minimise the shutdown duration of the pool, it is proposed to provide the opportunity to consider managing the sub-contractors engaged by Council during the time of the pool closure.  To enable the works to be carried out concurrently with the roofing work, it is proposed to include the sub-contractors and their prices as nominated sub-contractors by Principal so that the tenderers can include a price to manage these sub-contractors.

Ripples Management Concurrence

The previous proposal to engage Bilas Knight Pty Limited have been tabled at a recent Ripples Board meeting to enable suitable arrangements to be made for the pool operations during the shutdown.  Ripples are assessing the full implications of the proposal on pool operations, staffing levels and financial effects and will be making a submission to Council on these impacts.

 

The discussions with Ripples were based on a 18-weeks construction program including the additional works to minimise the shut down period. They have indicated that the Aquatic Centre will not be fully closed during this period and hydrotherapy and Learn to Swim programs will be rescheduled to a revised time frame to be in the outdoor pool. However, the full impact of the closure is likely to be a financial loss to the Centre. Ripples have indicated that it is likely to seek an increase in the amount of subsidy paid by Council and future details will be provided once fresh tenders have been assessed and the length and impact of the closure has been finalised.

 

Conclusion

Bilas Knight have confirmed that they have withdrawn their tender and based on the legal advice received it is not appropriate to consider the remaining tenderers from the initial tender. Accordingly, this Report recommends that Council should recall fresh tenders.

Tender Advisory Group (TAG) Comments

The Tender Advisory Group (TAG) consisting of the Group Manager Legal and Governance and the Senior Governance Officer met to consider the tender for the roof replacement and rectification works at Ripples Aquatic Centre.  

 

The TAG believes that there is no legal provision to allow the Council to consider any of the tenders that were initially received for the proposed works at Ripples. As a result, the only course open to the Council to undertake the proposed work is to call fresh tenders. This view has been agreed to by a number of external sources.

 

The TAG supports the approach in managing the subcontractors engaged by Council by a contractor engaged as part of re-advertising the tender.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Tender Reference 21-10/11, Roof Replacement and Rectification at Ripples Aquatic Centre be received.

2.     Council rescind the resolution made at its meeting on 18 July 2011 to engage Bilas Knight Pty Ltd.

3.     Council readvertise the tender for the Roof Replacement and Rectification at Ripples Aquatic Centre.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


A Vibrant City

 

Item                                                                                                                                                Page

 

15      Place Making and Public Art Policy

 

16      Transportation of restricted solid waste to SITA landfill facility

 

 



Ordinary Meeting                                                                                           21 November 2011

A Vibrant City

 

 

15

Place Making and Public Art Policy   

 

Compiled by:               Karen Harris, Senior Cultural Development Officer

Authorised by:            Erich Weller, Community and Cultural Development Manager   

 

Objective

We build on our strengths, value our heritage, celebrate our cultural diversity, and foster creativity

Community Outcome

A City with people and places that are inclusive, foster creativity, and celebrate diversity (20)

Strategic Response

Support cultural initiatives that meet local needs, and attract regional interest (20.2)

       

 

Executive Summary

A draft Place Making and Public Art Policy was developed to assist Council in supporting and encouraging place making and public art in Penrith City.  This Place Making and Public Art Policy will provide guidance to Council, consultants, developers and interested parties to integrate quality place making and public art into significant projects and developments. The draft policy also complements the section on public art in Council’s Development Control Plan 2010.

 

At the Policy Review Committee meeting on 1 August 2011 the draft Place Making and Public Art Policy was presented, seeking Council’s endorsement for public exhibition. This meeting resolved to place the policy on public exhibition.  The public exhibition period was from 19 September to 17 October 2011.   There were two public submissions received during the exhibition period.  This report will outline the key points from the public submissions.

 

The report recommends the information contained in the report on the draft Place Making and Public Art Policy be received and that Council endorse the Place Making and Public Art Policy provided as Appendix 1 to this report.

Background

Council aims for high standards of design and sustainability in architecture, urban design and the public domain to enhance the character, distinctiveness and quality of the Penrith City Centre, St Marys Town Centre, other activity centres and meeting places.

 

The Place Making and Public Art Policy will support the recognition of Penrith as a distinctive Regional City with a unique identity.  The policy summarises the benefits of integrating place making and public art in the evolving character of the City.

 

Place making is a feature of many old as well as contemporary cities.  Public art can support place making and contribute to a vibrant city.  Place making and public art are promoted and resourced by new release area developers as important components in the development of communities not just housing estates. Place making and public art can also be utilised in town centres, commercial areas, established places and key recreation areas.

 

As indicated in the draft policy, public art as a tool in place making needs to be used selectively after careful assessment and review of the context, place, available resources and objectives. In addition, public art is only one way to achieve place making.  Other ways include landscaping and activation. Implementation of the policy will largely occur from existing Council resources, with key staff assessing the incorporation of place making and public art in specific projects or developments put forward by development proponents. Some major Council projects will also incorporate place making through public art.

 

Public Exhibition Submissions

At the Policy Review Committee meeting on 1 August 2011 the draft Place Making and Public Art Policy was presented, seeking Council’s endorsement for public exhibition. This meeting resolved to place the policy on public exhibition.  The public exhibition period was from 19 September to 17 October 2011. The public exhibition period is now completed. 

There were two public submissions received during the exhibition period.

 

The opportunity to make submissions on the Policy was promoted through the Mayoral column, a Media release distributed to local media outlets, Council’s web site and post on twitter@penrithcouncil, have your say via the web.  The Penrith Star featured a major front page article on the Policy as well and the opportunity to make a submission. The draft Place Making and Public Art policy was also placed on display at the Penrith Civic Centre, Penrith City Library, St Marys Library, St Clair Library and Emu Plains Library. The draft policy was also forward to a number of development companies with whom Council has regular contact.

 

Two public submissions were received.  The first was from Lend Lease. The submission was in regard to the new release area development of Jordan Springs. The submission outlines that Lend Lease is generally supportive of the proposed policy, particularly given its consistency with their approach to place making and public art provision within their master planned communities.

 

A submission was also received from FDC Construction and Fitout Pty Ltd in regard to how the policy would apply to industrial employment areas such as Erskine Business Park.  The submission recognises that quality architecture, design and landscaping play a key urban role in the success of an area such as the Erskine Business Park.  The submission also emphasised the importance of the design of the public domain (roads and verges).  The submission also puts the view that Council’s Development Control Plan and development assessment process adequately achieve the necessary measures to ensure the quality of development and public domain within the Erskine Business Park.  The submission concludes by stating that the draft Place Making and Public Art policy not apply to development within the Erskine Business Park.

 

Review of Submissions

Given that the policy only provides a guideline to developers and other interested parties, Council officers are of the view that FDC Construction and Fitout Pty Ltd have misunderstood the intent of the policy.  To make this intent clearer the draft policy has been amended in the Purpose section in paragraph two as follows:

 

“In particular the policy provides guidance to assist Council, developers and key stakeholders to integrate quality place making and public art into significant projects and developments.”

 

Thus the place making and public art outcomes will be developed in consultation and through negotiations with major development proponents in the City. The focus of the policy is on new urban places, established neighbourhoods and centres (see page 8 of the Policy).

 

Internal comments recommended minor alterations to the draft Policy including the use of generic function descriptions rather than specific titles of Council departments. This change means the policy more accurately describes the function areas of Council that will jointly apply this policy. These minor alterations have also been made to the Place Making and Public Art Policy.  

 

Summary

At the Policy Review Committee meeting held on 1 August 2011 the draft Place Making and Public Art Policy was presented, seeking Council’s endorsement for public exhibition. This meeting resolved to place the policy on public exhibition.  The public exhibition period was from 19 September to 17 October 2011. This report summarises the submissions received. A couple of minor amendments have been made to the draft policy including emphasising that the intent of the policy is to provide guidance to assist Council, developers and key stakeholders to integrate quality place making and public art into significant projects and developments.  This report seeks that Council endorse the Place Making and Public Art Policy.

 

 

RECOMMENDATION

That:

1.     The information contained in the report on Place Making and Public Art Policy be received.

2.     Council endorse the Place Making and Public Art Policy provided as Appendix 1 to this report.

3.     Council write to the organisations making submissions on the minor alterations and Council endorsement of the Place Making and Public Art policy.

 

 

ATTACHMENTS/APPENDICES

1.  

Draft Placemaking and Public Art Policy

10 Pages

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Draft Placemaking and Public Art Policy

 

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Ordinary Meeting                                                                                           21 November 2011

A Vibrant City

 

 

16

Transportation of restricted solid waste to SITA landfill facility   

 

Compiled by:               Graham Liehr, Environmental Health Manager

Authorised by:            Roger Nethercote, Group Manager - People and Places   

 

Objective

We build on our strengths, value our heritage, celebrate our cultural diversity, and foster creativity

Community Outcome

A City that promotes health and wellbeing (21)

Strategic Response

Encourage the wellbeing of our communities (21.1)

       

 

Executive Summary

Council considered a report at its Ordinary Meeting on 7 November 2011 concerning the remediation of contaminated land at 7- 9 and 11 Nelson Road, Hunters Hill and the transfer of contaminated material from this site to the SITA landfill facility in Kemps Creek.

 

It was resolved that a further urgent report be presented to Council providing an interpretation of the responses from SITA and the State Property Authority (SPA). This report provides further information on our understanding of those responses.

 

The report recommends that the information be received.

Background

The property at 7-9 Nelson Parade, Hunters Hill was the site of a commercial processing plant owned by the Radium Hill Company and used to extract radium from uranium ore between 1911 and 1916, when the company went bankrupt and vacated the site.

 

The radium was extracted for commercial purposes including medical applications and the manufacture of luminous watch dials. The uranium ore that was stockpiled on site occurs naturally, and was mined in South Australia.

 

The NSW Government acquired 9 Nelson Parade, Hunters Hill in 1978 and 7 Nelson Parade in 1983 in the interests of public health following the discovery of radioactive contamination. Since the Government’s acquisition of 7 and 9 Nelson Parade, there have been no buildings or human occupation on the site. 11 Nelson Parade Hunters Hill was acquired by the Government in 2009 and includes a large residence.

 

The site has been the subject of a number of contamination assessment studies, which have identified the presence of contaminants (both chemical and radiological) at concentrations that would preclude the site’s redevelopment for residential purposes in its current state. The residual radioactive material remains on the site from remnants of the stockpile of ore, and discarded tailings after the radium was extracted. Testing of neighbouring private and public property has been undertaken by the Australian Nuclear Science and Technology Organisation (ANSTO) and has identified some areas of elevated radiation levels (i.e. significantly above background levels).

 

In 2008 a Parliamentary Inquiry was held into the site investigating the radiological contamination. The Inquiry made 12 recommendations to the NSW Government in its report of September 2008 which included a proposal that the contaminated areas be remediated back to the background radiation level of the Hunters Hill area. The Government responded to the Inquiry in March 2009, largely supporting the recommendations. The Parliamentary Inquiry agreed with recommendations of DECC and NSW Health that the contaminated material should be removed from Nelson Road.

 

The NSW State Property Authority (SPA), as owner of the property, recommended to the former State Government that the site be remediated reasoning that a suitably licensed landfill site is a more appropriate place for contaminated material than for the material to remain in a residential area. The SPA reasons the property has significant potential capital value, which could be put to more effective use by the government.

 

At the briefing to Council in June 2010, Council was informed by the SPA the proposed remediation plan involved the removal of radioactive contaminated material and other chemical contaminants from the site and surrounding areas to an extent where the sites can be certified as suitable for residential use by an independent site auditor. The exact amount of material to be removed from the site will not be known until the site works are under way, but has been estimated at over 5,000 tonnes.

 

The remediation work is subject to an application made under Part 3 of the Environmental Planning and Assessment Act, 1979 by the State Property Authority which was lodged in November 2007. The Minister for Planning is the consent authority. Whilst the Director General’s requirements have been issued, an Environmental Assessment is yet to be lodged to advance consideration of the application.

 

On 16 November 2010 Council received a response from Premier Keneally informing that the Premier had ruled out the use of the Kemps Creek facility to store the waste from Hunters Hill. The Premier also advised that she had instructed the NSW Land and Property Management Authority to examine alternative options for the storage of this waste, including transferring the waste interstate or overseas.

 

The Minister for Finance and Services, Greg Pearce, announced on 31 October 2011 that the remediation process for the Hunters Hill site would ensure no hazardous material is taken to the SITA facility at Kemps Creek. The Minister confirmed “non-hazardous” waste would be transported to Kemps Creek.

 

The radioactive contaminated material on the site has been classified by an independent site auditor as “Restricted Solid Waste” and this classification was confirmed by the Department of Environment, Climate Change and Water (DECCW). DECCW is now the Office of Environment and Heritage (OEH). The classification allows the material to be deposited in a suitably licensed landfill site. The Classification only relates to the radiological properties and the chemical contamination is subject to separate waste classification.

 

The OEH has confirmed that the SITA site in Kemps Creek is the only landfill site in NSW that is licensed by the OEH to accept the Restricted Solid Waste.


 

Current Situation

Following an Urgent report to Council’s Policy Review Committee meeting on 31 October 2011, Council has written to the Premier Barry O’Farrell advising of Council’s strong opposition to the transfer of any contaminated waste from the Hunters Hill site to landfill within the Penrith local government area. Letters have also been sent to the Leader of the Opposition, Mr John Robertson and local members, Stuart Ayers, Bart Bassett, Tanya Davies and Andrew Rohan, seeking their support on this issue. Additionally, a letter has been sent to  Liverpool City Council informing them of Penrith City Council’s current actions and requesting their continued support in opposing the transportation of any waste from Hunters Hill to Kemps Creek.

 

Following an Urgent report to Council’s Ordinary meeting on 7 November 2011 a letter has been sent to the Minister for Finance and Services, Greg Pearce, requesting an urgent meeting to discuss Council’s concerns relating to the transfer of any wastes from the Hunters Hill site to Kemps Creek.

 

Response from SITA

On 3 November 2011, Council wrote to SITA seeking their urgent advice in respect to a number of specific issues relating to the waste transfer proposal. Council specifically requested:

 

1)          An answer to Council’s letter of the 21 October 2010 (Appendix 1);

2)          What restricted solid wastes have already been deposited at the SITA site;

3)          How the contaminated waste is intended to be deposited and processed at SITA’s facility;

4)          How SITA will manage restricted solid wastes from the Hunters Hill site to prevent cross contamination of the recycled organics supply used by Council;

5)         The status of the contract SITA entered into with the NSW State Property Authority in June 2010;

6)          If there is no existing contractual arrangement in place, is it SITA’s current intention to accept the waste from the Hunters Hill site.

 

On 7 November 2011, SITA responded to Council’s letter and a copy of the response was provided to Councillors prior to the Council Meeting. SITA’s full response is attached (Appendix 2) and includes the following points:

 

·    The Australian Nuclear Science and Technology Organisation (ANSTO) will be testing and categorising all soil onsite;

·    A detailed description of how waste will be processed on-site will be included in the Environmental Assessment;

·    For any soil that is detected as being hazardous/radioactive it will be sent to an Office of the Environment and Heritage facility in Lidcombe;

·    Wastes that are classified as restricted solid waste will be disposed of at the SITA site;

·    A new contract is required between SITA and the State Government;

·    SITA is upgrading their radioactive detection capability at the weighbridge;

·    SITA will only accept material that they are licensed to accept.

 

On 10 November 2011, Council wrote to SITA informing them that a number of queries raised by Council had not been addressed and the letter invited SITA to provide further clarity. A verbal response was received from SITA restating that they have only ever accepted wastes that their licence permits them to accept. They also advised that due to the size of the operation, the list of all restricted solid wastes accepted over the years would take a significant amount of work to establish.

 

Response from the Property Development Authority

On 4 November 2011, Council wrote to the PDA seeking their clarification on the proposed method of transporting waste from the Hunters Hill Site to Kemps Creek, details on the processing of the contaminated waste and the methods proposed to separate the hazardous wastes and radioactive waste from other wastes on site. 

 

The PDA responded on the same day (Appendix 3) and a copy of the response was provided to Councillors prior to the Council Meeting on 7 November 2011.

 

Basel Convention

The Basel Convention was raised in Council’s last consideration of this matter. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal first came into force in 1992. The Convention puts an onus on exporting countries to ensure that hazardous wastes are managed in an environmentally sound manner in the country of import.

The Basel Convention places obligations on countries that are party to the Convention. 151 Countries have ratified the Basel Convention as at December 2002. These obligations are to:

·    Minimise generation of hazardous waste;

·    Ensure adequate disposal facilities are available;

·    Control and reduce international movements of hazardous waste;

·    Ensure environmentally sound management of wastes; and

·    Prevent and punish illegal traffic.

 

Australia signed the Basel Convention in 1992. The Convention is implemented in Australia by the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

A discussion with a representative from the Department of Sustainability, Environment, Water, Population and Communities revealed that reference to the “state” in the convention means the country concerned. The Basel Convention relates to the exporting of hazardous wastes to other countries and an application to dispose of hazardous waste overseas is required to be Gazetted. A search of the Government Gazette indicates that there has been no application made to export hazardous waste from the Hunters Hill site.

 

Summary of our understanding of the responses

The responses from SITA and the SPA do not provide full clarity into the remediation process that is now preferred by the State Government. The following observations are however able to be made:-

 

·    A new contract is required to be signed between the State Government and SITA to dispose of the waste from the Hunters Hill site at the SITA facility;

·    A Remediation Action Plan (RAP) is required to be developed for the Part 3A Approval and will be reviewed before the Environmental Assessment (EA) is completed. The EA will be publicly exhibited as part of the approval process;

·    Specific details about the remediation, transportation and management of the wastes will be developed as part of the RAP and the EA documentation;

·    The EA is planned to be submitted to the Department of Planning and Infrastructure in March 2012. The EA will deal with the method of work separation on site and its transportation;

·    The Australian Nuclear Science and Technology Organisation (ANSTO) will be testing and categorising all soil onsite;

·    Waste must be assessed in accordance with the Radiation Control Act 1990 and the Radiation Control Regulation 2003. The Regulation identifies thresholds where materials are to be defined as a “radioactive substance”.

·    Waste that is not defined as a “radioactive substance” could be transported and disposed of at the SITA facility under their current EPA licence e.g. restricted solid waste.

·    Waste identified in the Regulation as a “radioactive substance” must be classified as hazardous waste.

·    Waste from the Hunters Hill site that is classified as a hazardous waste will be transported to the Office of the Environment and Heritage facility in Lidcombe.         

Conclusion

The site in Nelson Road, Hunters Hill has been the subject of substantial concern to residents in Hunters Hill since the late 1970s due to the identification of radioactive contamination resulting from the past use of the site.

 

It is understood that waste from the Hunters Hill site classified as hazardous waste will not be transported to the SITA facility at Kemps Creek. However, given the radioactive nature of the waste material identified at the Hunters Hill site, Council has raised a legitimate concern over the potential for unsuitable material to be transported to the SITA facility at Kemps Creek.

 

The proposed remediation of the Hunters Hill site is the subject of a Part 3A Environmental Assessment under the Environmental Planning and Assessment Act. The Environmental Assessment and Remediation Action Plan (RAP) required as part of the approval process are yet to be prepared.

 

There are a number of key matters that need to be addressed in the Environmental Assessment for the remediation. These include health and environmental risks associated with the transportation, handling, landfill and ongoing security of the contaminated material after disposal.

 

Council has conveyed its concerns to the NSW Government on the proposal of disposing of the classified waste. Council has also sought an urgent meeting with the Minister for Finance and Services, Greg Pearce, requesting an urgent meeting to discuss Council’s concerns relating to the transfer of any wastes from the Hunters Hill site to Kemps Creek. We will keep councillors informed of responses received to Council’s representations.

 

 

 

RECOMMENDATION

That the information contained in the report on Transportation of restricted solid waste to SITA landfill facility be received.

 

 

ATTACHMENTS/APPENDICES

1.  

Letter to SITA 21 October 2010

1 Page

Appendix

2.  

Response from SITA 7 November 2011

2 Pages

Appendix

3.  

Letter from State Property Authority 4 November 2011

3 Pages

Appendix

  


Ordinary Meeting                                                                                                          21 November 2011

Appendix 1 - Letter to SITA 21 October 2010

 

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Ordinary Meeting                                                                                                          21 November 2011

Appendix 2 - Response from SITA 7 November 2011

 

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Ordinary Meeting                                                                                                          21 November 2011

Appendix 3 - Letter from State Property Authority 4 November 2011

 

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Committee of the Whole

 

DELIVERY PROGRAM REPORTS

 

CONTENTS

 

Pecuniary Interests

 

Other Interests

 

Monday November 21 2011

 

Item                                                                                                                                       Page

 

1        Presence of the Public                                                                                                        1

 

2        Commercial Matter - Council Property - Sale of Lot 55, DP 1170183 Lenore Lane, Erskine Park

 

3        Commercial Matter - Council Property - Leasing of Suite 9 at 140-142 Henry Street, Penrith (Allen Arcade)

 

4        Commercial Matter - High Street, Penrith                                                                          3

 

 


Ordinary Meeting                                                                                           21 November 2011

A Leading City

 

 

1        Presence of the Public

 

Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.

A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)                the discussion of any of the matters listed below; or

(b)               the receipt or discussion of any of the information so listed.

The matters and information are the following:

 

(a)                personnel matters concerning particular individuals;

(b)               the personal hardship of any resident or ratepayers;

(c)                information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;

(d)               commercial information of a confidential nature that would, if disclosed:

·                          prejudice the commercial position of the person who supplied it; or

 

·                          confer a commercial advantage on a competitor of the Council; or

 

·                          reveal a trade secret.

 

(e)                information that would, if disclosed, prejudice the maintenance of the law;

(f)                matters affecting the security of the Council, Councillors, Council staff or Council property;

(g)        advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

The grounds must specify the following:

(a)                the relevant provision of section 10A(2);

(b)               the matter that is to be discussed during the closed part of the meeting;

(c)                the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public

The process which should be followed is:

 

·         a motion, based on the recommendation below, is moved and seconded

·         the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public

·         if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.

·         if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.

The first action is for a motion to be moved and seconded based on the recommendation below.

 

RECOMMENDATION

 

That:

 

A Leading City

 

2        Commercial Matter - Council Property - Sale of Lot 55, DP 1170183 Lenore Lane, Erskine Park

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

3        Commercial Matter - Council Property - Leasing of Suite 9 at 140-142 Henry Street, Penrith (Allen Arcade)

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 

 

 

4        Commercial Matter - High Street, Penrith

This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

 

 

 


 

ATTACHMENTS   

 

 

Date of Meeting:         Monday 21 November 2011

Delivery Program:      A Leading City

Issue:                            Base our decisions on research, evidence, and our responsibility to anticipate harm before it occurs (5.2)

Report Title:                2011-2012 Operational Plan - September Quarter Review

Attachments:               2011-2012 Operational Plan, Services Performance and Financial Review Summary.



Ordinary Meeting                                                                                                          21 November 2011

Attachment 1 - 2011-2012 Operational Plan, Services Performance and Financial Review Summary.

 

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ATTACHMENTS   

 

 

Date of Meeting:         Monday 21 November 2011

Delivery Program:      A Leading City

Issue:                            Champion accountability and transparency, and responsible and ethical behaviour (5.1)

Report Title:                Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors

Attachments:               PRC Report with Policy Attached - 26 September 2011



Ordinary Meeting                                                                                          21 November 2011

Attachment 1 - PRC Report with Policy Attached - 26 September 2011

 

 

 

1

Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors   

 

Compiled by:               Adam Beggs, Governance Officer

Authorised by:            Glenn Schuil, Senior Governance Officer   

 

Objective

We demonstrate accountability, transparency and ethical conduct

Community Outcome

A Council that behaves responsibly and ethically (5)

Strategic Response

Champion accountability and transparency, and responsible and ethical behaviour (5.1)

       

 


Executive Summary

Section 252 of the Local Government Act 1993 (the Act) requires Council to adopt a Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors (252 Policy), within 5 months of the end of each financial year.  Section 253 of the Act requires that the Council must give at least 28 days’ public notice of its intention to adopt or amend the policy, unless it is of the opinion that the proposed amendment (s) are not substantial.  Council must comply with these provisions of the Act each year, even if it proposes to adopt a Policy that is the same as its existing Policy, or if the proposed amendments are not substantial.

 

Council reviews the Policy based on guidelines and circulars issued by the Division of Local Government (DLG) and others areas that officers deem appropriate. The changes that have been made are provided in Attachment 1 and are highlighted as follows:

 

1.   Existing policy largely consistent with previous guidelines are in normal text

2.   Proposed deletions are in bold and underlined text

3.   Proposed additions are in bold and italicised text

 

The report highlights the proposed changes that have been made in response to the information provided by the DLG. The review of the policy this year has only resulted in a small number of proposed amendments. The majority of changes to the policy relate to updating of figures, costs and refinement of text. The most significant change to the policy is implementing the DLG recommendation of setting specific limits for expenses. To this end a table is now included at the end of the policy which sets these limits.

 

This report recommends that Council’s current Policy be amended to ensure that it is  consistent with the Guidelines issued by the DLG, and that the amended Policy is advertised for 28 days in accordance with the Act notifying the public of the Council’s intention to adopt the amended Policy.

 

Council officers will review the draft Policy again after the notification period has concluded, and submit any feedback or substantial changes which may occur back to a Council meeting in November before submitting the policy with the DLG by the due date.

Current Situation

Council is required to adopt its Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors by 30 November 2011.

 

The Act provides that the Director General of the DLG may issue Guidelines in relation to the review and adoption of Council’s Section 252 Policy. Advice has been received from the DLG that Council’s current policy is a good policy which is largely consistent with the legislation and guidelines. Two particular areas that were highlighted by the DLG for improvement were the setting of specific limits and the provision for a dispute resolution process. Both of these elements are incorporated in the amended policy.

 

The Guidelines and the advice from the DLG have been examined to identify how they may affect Council’s current policy.  A draft Policy that complies with the Guidelines and the DLG advice can be found in Attachment 1 to tonight’s business paper.  The provisions of Council’s existing 252 Policy were already largely consistent with the Guidelines and are provided in normal text, proposed deletions are bold and underlined, and proposed additions are in bold and italics. The proposed changes are not seen to be major additions to the existing Policy. Some of the more significant changes are outlined below, the remainder are highlighted in the attachment but are considered minor. 

 

Changes made as a direct result of DLG guidelines

·    Setting of specific expense limits (comparable to other similar sized councils or in accordance with mid range tax determinations)

·    A dispute resolution process in regards to the policy

Furthermore there were several other issues which were raised for consideration by Council’s staff to ensure the Policy remains contemporary. The following points highlight the changes proposed:

·    Clarification of costs pertaining to reimbursement of legal expenses

·    A statement inserted advising Councillors to contact Information Technology Staff before any overseas travel regarding the cost of mobile telephones

·    Process concerning cab charge cards

·    Clauses inserted to Councillor Fees section, concerning payment of fees should the Mayor or Deputy Mayor not be able to undertake their roles for a period of time.

Next Steps

Should Council resolve to adopt the Draft policy it will be placed on public exhibition for 28 days. At the conclusion of this exhibition period, any submission received will be examined and a report will be submitted to the Council’s Ordinary Meeting on 21 November 2011. Any costs subject to inflation in the draft Policy will be increased inline with the 30 September 2011 CPI increase and incorporated into the Draft Policy advertised.

 

 

 

Conclusion

The Council’s 252 Policy must be reviewed within 5 months of the end of each financial year. Given that Council must give at least 28 days’ public notice of its intention to adopt or amend its Policy, it is considered prudent that Council approves the draft policy, and then a 28-day public exhibition period will commence.

 

 


 

RECOMMENDATION

That:

1.     The information contained in the report on Draft Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received

2.     Council advertise for 28 days a public notice of its intention to adopt the amended Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors.

 


ATTACHMENTS/APPENDICES

1.  

Draft Policy on the payment of expenses and provision of facilities to the Mayor, Deputy Mayor and Councillors

21 Pages

Attachment

 


Ordinary Meeting                                                                                                          21 November 2011

Attachment 1 - PRC Report with Policy Attached - 26 September 2011

 

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