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 5 March 2012 at 7:30PM.
Attention is directed to the statement accompanying
this notice of the business proposed to be transacted at the meeting.
Yours
faithfully
Alan Stoneham
General Manager
BUSINESS
1. LEAVE
OF ABSENCE
Leave of absence
has been granted to:
Councillor Jackie Greenow
2. APOLOGIES
3. CONFIRMATION
OF MINUTES
Ordinary Meeting - 20 February 2012.
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
10. DELIVERY
PROGRAM REPORTS
11. REQUESTS
FOR REPORTS AND MEMORANDUMS
12. URGENT
BUSINESS
13. COMMITTEE
OF THE WHOLE
Monday 5 March 2012
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.”
Seating Arrangements
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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
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2012
MEETING CALENDAR
January 2012
- December 2012
(adopted
by Council on 21 November 2011)
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TIME
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JAN
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FEB
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MAR
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APRIL
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MAY
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JUNE
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JULY
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AUG
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SEPT
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OCT
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NOV
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DEC
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Mon
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Ordinary Council Meeting
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7.30pm
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6
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5
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9
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20#@
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3ü
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15∞
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5
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10
(7.00pm)
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20#@
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26
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23v
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21#
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25*
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23
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24^\
(7.00pm)
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19#
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Policy Review Committee
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7.00pm
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7
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4
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2
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13
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3
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13
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19
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16
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30
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8
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12
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Operational
Plan Public Forum
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6.00pm
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Wed
28
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v
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Meeting at which the
Draft Operational Plan for 2012-2013 is endorsed for exhibition
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*
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Meeting at which the Operational Plan for 2012-2013 is
adopted
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#
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Meetings at which
the Operational Plan quarterly reviews are presented
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@
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Delivery Program
progress reports
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^
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Election of
Mayor/Deputy Mayor
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ü
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Meeting at which the
2011-2012 Annual Statements are presented
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∞
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Meeting at which any
comments on the 2011-2012 Annual Statements are presented
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The opportunity may
be taken to move this meeting to the 17 September 2012, should the election
result be declared early.
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The Ordinary Council Election will be held on 8 September 2012
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Extraordinary Meetings are held as required.
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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.
OF
THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL
CHAMBERS
ON
MONDAY 20 FEBRUARY 2012 AT 7:35PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Greg Davies read a
statement of recognition of Penrith City’s Aboriginal and Torres Strait
Islander Cultural Heritage.
PRAYER
The Council Prayer was
read by Rev Neil Checkley.
PRESENT
His Worship the Mayor, Councillor Greg Davies, and
Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Mark Davies, Tanya
Davies, Ross Fowler OAM, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath
Presdee and John Thain.
LEAVE OF ABSENCE
Leave
of Absence was previously granted to Deputy Mayor, Councillor Jackie Greenow for
a period of 22 days, as disclosed in her Councillor request.
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26 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Marko Malkoc that Leave of Absence
be granted to Councillor Kevin Crameri OAM for the period 20 February 2012 to
24 February 2012.
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APOLOGIES
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27 RESOLVED on the MOTION of
Councillor Mark Davies seconded Councillor Robert Ardill that an apology be
received from Councillor Ben Goldfinch.
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CONFIRMATION OF MINUTES - Ordinary Meeting - 6
February 2012
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28 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor John Thain that the minutes of
the Ordinary Meeting of 6 February 2012 be confirmed.
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DECLARATIONS OF INTEREST
Councillor Jim Aitken OAM declared a Pecuniary Interest in
the Report and Recommendations of the Policy Review Committee Meeting held
on 13 February 2012 as he owns a property in the area to which Item 6 -
Billington Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking
Restrictions relates to. Councillor Jim Aitken OAM indicated he intended on
staying in the Chambers, unless discussion takes place, at which place he would
leave the Chambers.
Councillor Jim Aitken OAM
declared a Pecuniary Interest in Committee of the Whole - Item 4 Land
and Environment Court ruling, North Western Surveys Pty Ltd v Penrith City
Council
as he owns property in the area referred to in the report. Councillor Jim
Aitken OAM indicated he would leave the Chambers for consideration of the item.
Mayoral Minutes
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1 The passing of Isobel Lowe
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29 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Tanya Davies that the
Mayoral Minute on The passing of Isobel Lowe be received.
Following
the reading of the Mayoral Minute, a one minute silence was observed at
7.48pm.
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2 Community pulls together over
severe storm event
Councillor
John Thain spoke in support of the Mayoral Minute.
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30 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor John Thain
That:
1. That the Mayoral Minute on Community
pulls together over severe storm event be received.
2. Council write to the State
Emergency Service, Rural Fire Service and other emergency services thanking
them for their assistance and efforts throughout the storm event.
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3 Nepean Legacy 50th
Anniversary
Councillor
Ross Fowler OAM spoke in support of the Mayoral Minute.
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31 RESOLVED on the MOTION of
Councillor Greg Davies seconded Councillor Ross Fowler OAM that the
Mayoral Minute on Nepean Legacy 50th Anniversary be received.
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Reports of Committees
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2 Report and Recommendations
of the Policy Review Committee Meeting held on 13 February 2012
Having
previously declared a Pecuniary Interest, Councillor Jim Aitken OAM, left the
meeting the time being 7:52pm.
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33 RESOLVED on the MOTION of
Councillor Karen McKeown seconded Councillor Robert Ardill that the
recommendations contained in the Report and Recommendations of the Policy
Review Committee meeting held on 13 February, 2012 be adopted subject to an
amendment to Item 6 - Billington
Place Car Park, Emu Plains - Request for Provision of 2-Hour Parking
Restrictions, so that it now reads:
“That:
1. The information contained in
the report on Billington Place Car Park, Emu Plains - Request for Provision
of 4-Hour Parking Restrictions be received.
2. Council prepare a detailed
submission to Transport for NSW seeking their urgent review and
reconsideration of our request for the allocation of not less than 61 (4P)
parking spaces in Billington Place, Emu Plains.
3. Council further write to
Transport for NSW, the minister for Transport, the Minister for Roads and the
local Members of Parliament to seek engagement in the review process of
parking requirements around Railway Stations including Emu Plains Railway
Station.
4. A detailed audit be conducted
to determine the current usage and demand within the Billington Place car
park and other surrounding car parks in the vicinity.
5. Council investigates the
implementation of a park in marked bay scheme along the length of Railway
Row.
6. The shop owners and shop
keepers who signed the petition be advised of the response from the Roads and
Maritime Services and Council’s resolution.”
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Councillor Jim Aitken OAM returned to the
meeting, the time being 7:58pm.
DELIVERY
PROGRAM REPORTS
A Leading City
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1 Delivery Program Six Month
Progress Report
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34 RESOLVED on the MOTION of
Councillor Jim Aitken OAM seconded Councillor Marko Malkoc that the
information contained in the report on Delivery Program Six Month Progress
Report be received.
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4 Summary of Investments for
the period 1 January 2012 to 31 January 2012
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35 RESOLVED on the MOTION of
Councillor Jim Aitken OAM seconded Councillor Marko Malkoc
That:
1. The information contained in
the report on Summary of Investments for the period 1 January 2012 to 31
January 2012 be received.
2. The
Certificate of the Responsible Accounting Officer and Summaries of
Investments and Performance for the period 1 January 2012 to 31 January 2012
be noted and accepted.
3. The graphical investment
analysis as at 31 January 2012 be noted.
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2 2011-12 Operational Plan -
December Quarter Review
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36 RESOLVED on the MOTION of
Councillor John Thain seconded Councillor Ross Fowler OAM
That:
1. The information contained in
the report on 2011-12 Operational Plan - December Quarter Review be received.
2. The 2011-12 Operational Plan
Review as at 31 December 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.
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3 2012 Australian Local
Government Association (ALGA) National General Assembly of Local Government
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37 RESOLVED on the MOTION of
Councillor Karen McKeown seconded Councillor Ross Fowler OAM
That:
1. The information contained in
the report on 2012 Australian Local Government Association (ALGA) National
General Assembly of Local Government be received.
2. Council nominate His Worship
the Mayor, Councillor Greg Davies as its voting delegate for the 2012 National
General Assembly of Local Government.
3. Council nominate Councillor
Marko Malkoc and any other interested Councillors to attend as observers at
the 2012 National General Assembly of Local Government.
4. Leave of Absence be granted to
all Councillors attending the 2012 National General Assembly of Local
Government to be held in Canberra from 17-20 June 2012.
5. A further report detailing
suggested motions be considered at Council’s Policy Review Committee meeting
to be held on 16 April 2012.
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A City of Opportunities
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5 Development Application
DA11/1034 existing masonry outbuilding, front boundary fence and entrance
gate at Lot 816 DP 1068323 (No. 174 - 186) Capitol Hill Drive, Mount Vernon
Applicant: Patrick Hurley; Owner: Cornelius D Cipri & Catrina Stylianou
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38 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Kath Presdee
That:
1. The information contained in
the report on Development Application DA11/1034 existing masonry outbuilding,
front boundary fence and entrance gate at Lot 816 DP 1068323 (No. 174 - 186)
Capitol Hill Drive, Mount Vernon be received
2. That DA11/1034 for Masonry
Outbuilding Front Boundary Fence and Entrance Gate Masonry Outbuilding Front
Boundary Fence and Entrance Gate at 174-186 Capitol Hill Drive MOUNT VERNON
NSW 2178, be approved subject to the attached conditions (Development
Assessment Report Part B)
3. Standard Conditions
3.1 A008 – Works to BCA requirements
A009 – Residential Works DCP
A019 – Occupation Certificate
A020 – Use of Building
D001 – Sedimentation and Erosion Controls
D009 – Covering Waste Storage area
E001 – BCA compliance
F010 – Septic distance from house
H001 – Stamped plans and erection of site notice
H041 – Hours of work
K017 – Stormwater and sewerage plan
L008 – Tree preservation order
Q01F – Notice of commencement and appointment of
PCA2
Special Conditions
3.2 The development must be
implemented substantially in accordance with the plans drawn by Mira Husar
Design and Drafting Services Drawing Number A-01 to A-06, dated July 2011,
the application form and any supporting information received with the
application, except as may be amended in red on the attached plans and by the
following conditions
3.3 All boundary fences are to be low profile, open style and rural
in character. The front fence is not to exceed 1.8m in height
3.4 You are required to submit a construction certificate for the
yet to be constructed portion. An engineer’s certificate is to form part of the
application attesting to the structural adequacy of the existing building.
Note: This relates to the portion of the building yet to be constructed
3.5 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. The plan attached to the
documentation shall indicate that an additional building envelope is to be
provided which represents the footprint of the outbuilding approved by this
development
3.6 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 and drainage lines 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
3.7 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
3.8 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 via a level spreader system
3.9 All landscaping works are to
be constructed in accordance with the stamped-approved plan by PGH
Environmental Planning drawing No. PGH-110397-LS0001 dated 26/10/2011 and
sections F5”Planting Techniques”, F8 “Quality Assurance Standards”, F9
“Site Management Plan” of Penrith Councils Landscape Development Control
Plan
Landscaping shall be maintained:
· In accordance with the approved
plan, and
· In a healthy state, and
· In perpetuity by the
existing or future owners and occupiers of the property
If any of
the vegetation comprising that landscaping dies or is removed, it is to be
replaced with vegetation of the same species and, to the greatest extent
practicable, the same maturity, as the vegetation which dies or was removed
3.10 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.
In
accordance with Section 375A of the Local Government Act 1993, a DIVISION was
then called with the following result:
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For
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Against
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Councillor Kaylene Allison
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Councillor Prue Guillaume
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Councillor Karen McKeown
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Councillor Kath Presdee
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Councillor Greg Davies
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Councillor John Thain
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Councillor Marko Malkoc
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Councillor Ross Fowler OAM
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Councillor Robert Ardill
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Councillor Jim Aitken OAM
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Councillor Mark Davies
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Councillor Tanya Davies
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A Liveable City
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6 Tender Reference 11/12-06,
Scheduled Maintenance of Mechanical Services Minor Buildings
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39 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor John Thain
That:
1. The information contained in
the report on Tender Reference 11/12-06, Scheduled Maintenance of Mechanical
Services Minor Buildings be received.
2. CBD Mechanical Electrical be
appointed as the preferred contractor for the provision of Scheduled
Maintenance of Mechanical Services in Minor Buildings for a period of 3 years
for a lump sum price of $13,500 (ex GST, with the option to extend for a
further two (2) X one (1) year periods subject to satisfactory performance.
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7 Tender Reference 11/12-07,
Scheduled Maintenance of Mechanical Services Major Buildings
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40 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor John Thain
That:
1. The information contained in
the report on Tender Reference 11/12-07, Scheduled Maintenance of Mechanical
Services Major Buildings be received
2. Hirotec Maintenance Pty Ltd
be appointed as the preferred contractor for the provision of Scheduled
Maintenance of Mechanical Services in Major Buildings for a period of 3 years
for a lump sum price of $170,994.78, with the option to extend for a further two
(2) X one (1) year periods subject to satisfactory performance.
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REQUESTS FOR REPORTS AND MEMORANDUMS
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RR
1 Hoon Driving and Anti-Social Behaviour - Tukara Street, South
Penrith
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Councillor
John Thain requested a memo reply concerning Council making representations
to the Penrith Local Area Command to seek their assistance in providing
increased monitoring of the area surrounding Tukara Street, South Penrith due
to recent increases, in hoon driving and anti-social behaviour. The area near
the Masonic Lodge on Homestead Road, should also be included in this request.
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RR
2 Restoration of Nature Strips
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Councillor
Kath Presdee requested a memo reply in relation to the restoration of nature
strips and in particular who is responsible for restoring them to original
condition after the work is complete. If it is not Council’s responsibility
to restore the land, what role does Council have in ensuring that other
service providers restore land appropriately so that public safety is not
compromised.
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RR
3 Contamination - 92 Mulgoa Road, Jamisontown
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Councillor
Prue Guillaume requested a memo reply requesting that the State Government
Urgently advise Jamisontown residents about how they will be affected by the
disclosure of contaminants coming from 92 Mulgoa Road, Jamisontown.
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RR
4 Roundabout Audit
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Councillor
Greg Davies requested a report to the Local Traffic Committee providing an
audit on roundabouts within council’s LGA which details issues in relation to
visibility caused by overgrowth.
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Committee of the Whole
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41 RESOLVED on the MOTION of
Councillor Kath Presdee seconded Councillor Prue Guillaume that the
meeting adjourn to the Committee of the Whole to deal with the following
matters, the time being 8:12pm.
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1 Presence
of the Public
CW1 RESOLVED on the motion of Councillor Kath Presdee
seconded Councillor Prue Guillaume that the press and public be excluded from
Committee of the Whole to deal with the following matters:
A
Leading City
2 Property Matter - Assignment
of Lease by Sapphires Cafe at 31 Blue Hills Drive Glenmore Park
This
item has been referred to Committee of the Whole as the report refers to
information that would, if disclosed, confer a commercial advantage on a person
with whom the Council is conducting (or proposes to conduct) business and
discussion of the matter in open meeting would be, on balance, contrary to the
public interest.
3 Property Matter - Penrith
Swimming Pool Site off Station Street Penrith
This
item has been referred to Committee of the Whole as the report refers to
information that would, if disclosed, confer a commercial advantage on a person
with whom the Council is conducting (or proposes to conduct) business and
discussion of the matter in open meeting would be, on balance, contrary to the
public interest.
4 Land and Environment Court
ruling, North Western Surveys Pty Ltd v Penrith City Council
This
item has been referred to Committee of the Whole as the report refers to advice
concerning litigation, or advice that would otherwise be privileged from
production in legal proceedings on the ground of legal professional privilege
and discussion of the matter in open meeting would be, on balance, contrary to
the public interest.
The meeting resumed at 8:26pm and the General Manager reported that
the Committee of the Whole met at 8:12pm on Monday, 20 February 2012, the
following being present
His Worship the Mayor Councillor Greg Davies, Councillors
Jim Aitken OAM, Kaylene Allison, Robert Ardill, Mark Davies, Tanya Davies, Ross
Fowler OAM, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John
Thain
and the
Committee of the Whole excluded the press and public from the meeting for the
reasons set out in CW1 and that the Committee of the Whole submitted the
following recommendations to Council.
CONFIDENTIAL BUSINESS
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2 Property Matter -
Assignment of Lease by Sapphires Cafe at 31 Blue Hills Drive Glenmore Park
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RECOMMENDED
on the MOTION of Councillor Marko Malkoc seconded Councillor Ross Fowler OAM
CW2
That:
1. The information contained in
the report on Property Matter - Assignment of Lease by Sapphires Cafe at 31
Blue Hills Drive Glenmore Park be received.
2. Council grant an Assignment of
Lease to Jenna Vicary, Tarryn Ireland, Jack Vicary and Kelly Vicary in
accordance with the terms and conditions as outlined in the report.
3. The Common Seal of the Council
of the City of Penrith be placed on all necessary documentation.
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3 Property Matter - Penrith
Swimming Pool Site off Station Street Penrith
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RECOMMENDED
on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken
OAM
CW3
That:
1. The information contained in
the report on Property Matter - Penrith Swimming Pool Site off Station Street
Penrith be received.
2. Council
agree to purchase Part Lot 1 DP 998482 from the subject owner in
accordance
with the purchase price as indicated in the Summary of the
report.
3. Funding
for the proposed acquisition be financed by way of loan borrowing
with debt
servicing costs to be funded from the Property Development
Reserve.
4. Investigations
commence to reclassify the land subject of this report from “Community”
to “Operational”, in accordance with the Local Government Act, 1993.
5. The
Common Seal of the Council of the City of Penrith be placed on all
necessary documentation.
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4 Land and Environment Court
ruling, North Western Surveys Pty Ltd v Penrith City Council
Having
previously declared a Pecuniary Interest, Councillor Jim Aitken OAM left the
meeting the time being 8:17pm.
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RECOMMENDED
on the MOTION of Councillor Ross Fowler OAM seconded Councillor John Thain
CW4
That:
1. The information contained in
the report on Land and Environment Court ruling, North Western Surveys Pty
Ltd v Penrith City Council be received.
2. The General Manager be given
delegated authority to instruct Council’s external legal advisors to lodge an
appeal against the Commissioner’s decision in the matter of North Western
Surveys Pty Limited v Penrith City Council.
3. A further report be presented
to Council upon resolution of the appeal.
4. Council continue to lobby the
Minister for Planning and Infrastructure and the Department of Planning and
Infrastructure, and local Members of State Parliament to achieve either
abandonment of the cap or its significant amendment to ensure essential local
infrastructure can be provided without further burden on ratepayers.
5. A further report on the
planning options in response to the ruling be presented to Council in the
near future.
6. A written request be made to
the Local Government Association seeking monetary contributions towards
Council’s legal costs for this matter.
|
Councillor Jim Aitken OAM returned to the meeting, the time
being 8:28pm.
ADOPTION OF Committee of the Whole
|
42 RESOLVED on the MOTION of
Councillor Marko Malkoc seconded Councillor Kath Presdee That the
recommendation contained in the Committee of the Whole and shown as CW1, CW2,
CW3 and CW4 be adopted.
|
There being no further business the Chairperson declared the
meeting closed the time being 8:28pm.
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
Ordinary Meeting 5
March 2012
Mayoral
Minute
Awarding of the
Louise Petchell 'Learning for Sustainability' Scholarship 2012
Strategic Objective: A Regional City that provides our
jobs, education, services and entertainment (1)
In
late 2009 Council created a $5000 scholarship in recognition of former
Sustainability Coordinator, Louise Petchell, who passed away suddenly in April
2009.
The
scholarship was developed as a lasting legacy to Louise, built around her
passion for encouraging staff from across the organisation to recognise the
opportunities in their role and embrace the principles of sustainability. The
scholarship also provides recognition of the value that Louise placed on
lifelong learning and skills development, and encouraging everyone to reach
their full potential.
This
year, seven applications were received from staff. Four of these applications,
involving five staff members, were chosen by the selection committee to share
the scholarship.
Congratulations
to Ruth Byrnes, Monique Desmarchelier, Tracy Leahy, Krystie
Race and Ajmal Siddiq who have been successful in accessing funds
under the scholarship.
Ruth
Byrnes is Council’s Senior Traffic Officer and will be attending the Bike
Futures Conference in Melbourne later this year. This information will be used
to inform a feasibility study into a bike share scheme for Penrith City.
Monique
Desmarchelier is Council’s Health Strategy Officer and will be completing a
short course in Community Development to investigate how the principles can be
incorporated into the Health Strategy.
Tracy
Leahy is Council’s Community Programs Coordinator and will be completing a
short course in Social Planning and Development as part of the Graduate Diploma
in Local Government Management at the University of Technology. This will further build on Tracy’s existing skills in this
area and enhance the delivery of a range of Community Development activities.
Council’s
Urban Designer, Ajmal Siddiq, and Sustainability Research Planner, Krystie
Race, submitted a joint application and will be undertaking a study tour to
visit several councils in the Melbourne area who are leaders in sustainable
building design policy. This will contribute to the development of a policy
which seeks to ensure that sustainability is embedded in the design of Council
buildings.
All of
the applicants will be sharing what they have learnt with staff from across the
organisation and I look forward to hearing more about their activities
throughout the year.
Councillor
Greg Davies
Mayor
|
RECOMMENDATION
That the Mayoral Minute on Awarding of the Louise Petchell
'Learning for Sustainability' Scholarship 2012 be received.
|
THIS PAGE HAS BEEN LEFT BLANK
INTENTIONALLY
Ordinary Meeting 5
March 2012
|
1
|
Determination by the Chief
Executive, Division of Local Government regarding the conduct of Councillor
Kevin Crameri OAM
|
|
Compiled by: Glenn
Schuil, Senior Governance Officer
Authorised
by: Stephen
Britten, Group Manager - Legal & Governance
|
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
This report provides information
regarding the outcome of the referral of a letter to the Division of Local
Government (DLG) on 1 March 2011about the conduct of Councillor Kevin Crameri
OAM, following an overseas delegation to Korea, China and Japan in late 2010.
Mr Ross Woodward, the Chief
Executive from the DLG advised the Council on 24 February 2012 that after
taking into consideration an internal Report from the DLG he has decided to
suspend Clr Kevin Crameri OAM from civic office from 2 March 2012 to 31 March
2012.
Background
Following the referral of complaints to the Council’s
General Manager alleging a breach of the Council’s Code of Conduct by
Councillor Kevin Crameri OAM the matter was referred to a Conduct Review
Committee. On 28 February 2011 the Council considered a report from the Conduct
Review Committee regarding the conduct of Clr Kevin Crameri OAM whilst on an
overseas delegation to Korea, China and Japan and resolved the following:
1. The
information contained in the report on Code of Conduct – Mayor Councillor Kevin
Crameri OAM be received.
2. Council
receive and note the report of the Conduct Review Committee.
3. The
Council determines that the Mayor, Councillor Kevin Crameri OAM has breached
clauses 6.1 (c), 6.2 and 6.3 of Penrith City Council’s Model Code of Conduct.
4. The
Mayor, Councillor Crameri OAM be censured for misbehaviours in (22) of (38)
allegations, defined in the Report through (22) Breaches of the Penrith City
Council Code of Conduct identified by Clauses 6.1 (c), 6.2 and 6.3.
5. The
Mayor, Councillor Crameri OAM be required to provide to the Council, the
Penrith Business Alliance and to the leaders of the host delegations in the
Cities visited, an unreserved written apology for his inappropriate behaviour
while on a trade delegation to China, Korea and Japan between 14 October 2010
and 3 November 2010. The written apology is to be copied to all Councillors and
to the General Manager.
6. The
Mayor, Councillor Crameri OAM be required to participate in a planned
Counselling Program. The Program is to be determined by an appropriate
independent person.
7. The
censuring, apologies and counselling are to be completed within 30 days of the
Council decision on this report.
8. That
the Council considers the conduct of the Mayor, Councillor Kevin Crameri OAM to
be of such a nature that warrants the Division of Local Government to consider
suspension of the Mayor as a Councillor under Section 440H (1) (a) of the Local
Government Act, 1993, and that the Council Officers write to the Division
seeking the Division of Local Government consider the suspension of the mayor,
Councillor Kevin Crameri OAM at the request of the Council.
9. Council
moves that it has no confidence in Councillor Crameri OAM as Mayor.
10. This
Council call Councillor Crameri OAM to resign as Mayor effective
immediately.
On 1 March 2011 a letter was sent to the Division of Local
Government (DLG) in terms of the Council’s resolutions made on 28 February
2011.
Councillor Crameri OAM stood aside from the position of
Mayor effective from 26 February 2011 until such time as the DLG concluded any
investigations or processes being made on the matter.
In respect of the Council’s Resolution numbers 4-6, these
have been undertaken by Councillor Kevin Crameri OAM.
Current Position
The DLG wrote to the Council’s
General Manager on 24 February 2012 (copy attached as Appendix 1) advising, in
part, that:
“Having considered the Division’s [Division of Local
Government] report, I have decided to suspend Clr Crameri from civic office for
a period of one month commencing on 1 March 2012 and ending on 31 March 2012.
As the Division was unable to effect service of the order
on Clr Crameri until today [Friday 24 February 2012] by operation of section
440 L of the Act the suspension period will commence on 2 March 2012 and will
end on 31 March 2012.
Please note that under section 440K (3) a councillor,
while suspended from civic office is not entitled to exercise any of the functions
of the civic office, and is not entitled to any fee or other remuneration to
which he or she would otherwise be entitled as the holder of the civic office”.
Appropriate administrative arrangements will be implemented
in accordance with the DLG’s advice.
|
RECOMMENDATION
That the information contained in the report on Determination
by the Chief Executive, Division of Local Government regarding the conduct of
Councillor Kevin Crameri OAM be received
|
ATTACHMENTS/APPENDICES
|
1.
|
Determination
by the Division of Local Government
|
6 Pages
|
Appendix
|
Ordinary Meeting 5
March 2012
Appendix 1 - Determination by the
Division of Local Government
THIS PAGE HAS BEEN LEFT BLANK
INTENTIONALLY
Ordinary Meeting 5
March 2012
|
2
|
No Boundaries - Grant
Applications Arts NSW and Australia Council for the Arts
|
|
Compiled by: Robyn
Brookes, Disability Services Officer
Joe Ibbitson, Community Programs
Co-ordinator
Authorised
by: Erich
Weller, Community and Cultural Development Manager
|
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 outcomes of the
grant applications submitted to support the No Boundaries Project. A previous
report on the grant applications to Arts NSW and the Australian Council for the
Arts was provided to the Council Ordinary meeting of 15 August 2011. At this
meeting Council endorsed the submission of these two funding applications.
The No Boundaries project is a large scale projection art
project that will enhance and extend inclusive arts practice and experience for
people with disability. It will also present the unique experience of people
living with disability in the Penrith and Western Sydney region through the creation
of a high quality, innovative multi-media and digital art projection onto the
external walls of the Joan Sutherland Performing Arts Centre.
This project is a complex, cross sectoral collaboration
between various community partners and will take about nine months to complete.
The report in August identified that substantial resources will be required to
fund the high cost of the technical and multi-media equipment and support
required to implement this project.
An application to Arts NSW for $60,000 to support the
creation and presentation of the No Boundaries project was submitted by Council
officers on 20 June, 2011. Council also applied for $35,000 to the Australia
Council for the Arts’ Community Partnership funding program under the Projects
with Public Outcomes category.
In November 2011 Council was notified that the application
to the Community Partnerships section of the Australia Council for the Arts was
successful. The Community Partnerships section approved $35,000 for a ‘Public
Art and Performance Project by artists with disabilities in interdisciplinary
collaborations
On 1 December 2011 Council received notification that the
grant application for $60,000 to Arts NSW in the category Creation and
Presentation had also been successful.
Implementation of the No Boundaries Project is consistent
with Council’s endorsed Penrith Inclusion Plan – People with Disability.
The report recommends that the information on the No
Boundaries - Grant Applications Arts NSW and Australia Council for the Arts be
received.
Background
Over the past few years, Council
officers have been working with local disability and arts organisations to
provide opportunities for people with disability to engage in arts and cultural
development programs and activities. This work has included special events and
workshops at both the Joan Sutherland Performing Arts Centre and the Penrith
Regional Gallery and The Lewers Bequest to celebrate International Day for
People with Disability (IDPwD).
Information about these initiatives
is available at the following link to the Accessible Arts Western Sydney
webpages:
http://www.aarts.net.au/westernsydney/penrith-disability-arts-and-culture-network/
Through this innovative work,
Council officers have consolidated strong community partnerships with many
local and regional disability and arts organisations including:
· Sylvanvale Foundation
· Accessible Arts NSW
· Nordoff-Robbins Music
Therapy Centre
· University of Western Sydney
· Sunnyfield Independence
· Nepean Area Disabilities
Organisation (NADO)
· Flintwood Disability
Services
The broad aim and objective of
this work has been around the ‘capacity building’ of individuals with
disability as well as local groups to participate and engage in a diverse range
of arts and cultural development activities.
No Boundaries Project
Based on this strong,
collaborative partnership work, a proposal was developed, in late 2010, for a
large scale art projection project to present high quality artwork produced by
artists and people with disability. The No Boundaries project will enhance and
extend inclusive arts practice and experience for people with disability. It
will also present the unique experience of people living with disability in the
Penrith and Western Sydney region through the creation of a high quality,
innovative multi-media and digital art projection. It is proposed that the
final artwork will be projected onto the external walls of the Joan Sutherland
Performing Arts Centre. The project will also incorporate a focus on the use of
social media to encourage broad community participation and inclusion.
The project is the result of
continuing collaboration between Council officers, the Sylvanvale Foundation
and Accessible Arts NSW. The project will be implemented with the support of
Cindi Drennan from Illuminart Productions which specialises in illuminated
audiovisual environments and projection art. Ms Drennan has worked on similar
projects in South Australia including The Ribbon and most recently Port
Inhabited for the Port Adelaide festival in October 2011.
Additional partners and
collaborators on this project include the Penrith Performing and Visual Arts
Ltd, Westfield and the University of Western Sydney as well as disability
organisations NADO, Sunnyfield Independence, the Brain Injury Association,
Psychiatric Rehabilitation Australia and the Penrith Disability, Arts and
Culture Network. Local and regional artists with disability will also be
invited as facilitators and mentors on the project.
This project is a complex, cross
sectoral collaboration between various community partners and will take about
nine months to complete. The promotion of the project to engage people with
disability and disability organisations and register their interest in
participation in the project has begun and Council Officers have already
received a number of responses. Workshops accompanied by mini events and
presentations will begin in April culminating in a final event in late
September.
Funding Applications –
Australia Council for the Arts and Arts NSW
Funding is provided under Projects with Public Outcomes
category in the Australia Council for the Arts’ Community Partnership funding
program for one-off community arts and cultural development projects that have
a public outcome and involve collaborations with a range of cross-sectoral
partners. People with disability are identified by the Australia Council for
the Arts as one of the key priorities for Community Partnerships funding.
In November 2011 Council was notified by the Australia
Council for the Arts that it had been successful in its application for
Projects with Public Outcomes funding and would receive $35,000 to support the
No Boundaries project.
Through Arts NSW funding programs, the NSW Government seeks
to promote:
· A creative and diverse arts and cultural
sector
· Sustainable arts and cultural
organisations, services and infrastructure across NSW
· Increased access to arts and cultural
activities across NSW.
Areas highlighted by Arts NSW include opportunities for
people with disability to participate fully in arts and cultural activities and
support their artistic aspirations, achievements and activities in Western
Sydney. The Creation and Presentation funding category is available to support
any stage in the creative development and public presentation of arts and
cultural work. Council applied for $60,000 to support the creation and
presentation of the No Boundaries project. Council was notified in December
that it had been successful and will receive $60,000 to support the No
Boundaries project.
Conclusion
Council officers have been pursuing strong collaborations
with Council’s community partners around the inclusion of people with
disability in arts and cultural activities to progress the implementation of
the Penrith Inclusion Plan. As the next stage in this development, the No
Boundaries project is a large scale art projection project to be produced by
people with disability and shown on the walls of the Joan Sutherland Performing
Arts Centre.
Funding applications were submitted to support the project
under the Arts NSW 2011-2012 Funding Program and to the Australia Council for
the Arts’ Community Partnership Program. Council has recently received
notification that both applications were successful. Council will receive
$60,000 from Arts NSW to support the creation and presentation of the No
Boundaries project and $35,000 from the Australia Council for the Arts.
Competition for project grants from these arts funding bodies is intense and
Council’s success is recognition of the quality of the No Boundaries project
and the extensive involvement of a number of key project partners. The No
Boundaries project will assist in the implementation of the Penrith Inclusion
Plan.
|
RECOMMENDATION
That the information contained in the report on No
Boundaries - Grant Applications Arts NSW and Australia Council for the Arts
be received.
|
ATTACHMENTS/APPENDICES
There are no attachments for
this report.
Ordinary Meeting 5
March 2012
|
3
|
Domestic Waste Service
Collection Contract
|
|
Compiled by: Geoff
Brown, Waste Management Co-ordinator
Authorised
by: Tracy
Chalk, Waste and Community Protection Manager
Requested By: Councillor
Jim Aitken OAM
|
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
This report provides information about the methods employed
to deliver Domestic Waste Services to multi unit dwellings (MUDs), charges to
the ratepayer and service efficiencies.
The report has been provided at the request of Councillor
Aitken OAM. The report recommends that the information be received.
Background
Council introduced the 240L Mobile Garbage Bin (MGB) to
residential properties including MUDs in1981. Bins were provided at the ratio
of one bin per residential dwelling or unit. MUDs range in size from three unit
developments to 171 unit developments. Most are low rise containing up to about
five storeys. Currently these developments comprise a total of more than 10,800
residential dwellings.
Prior to 2002 residents of MUDs were provided with a 240L
MGB for each unit and residents were required to present the bins on the nature
strip for collection each week. As MUDS grew in size the number of bins
presented for collection become a concern. For example a 25 unit development
would present up to 50 MGBs (garbage and recycling bins) on the nature strip
each fortnight and 25 bins on the alternative week. In most circumstances there
was not sufficient space to present bins for collection, bins would obstruct
the nature strip and the number of bins impacted on the visual amenity of the
streetscape. Residents would also leave their bins on the nature strip for days
on end. As a result, a review of the collection service for MUDs was requested.
In 2002 Council requested a review of the domestic waste
collection service for MUDs. At the time bins from MUDs was collected utilising
three staff (one driver and two runners) and a rear load garbage truck. Bins
were presented on the nature strip by residents and were collected, emptied and
returned to the nature strip by the garbage collection crew. As mentioned
above, this method of service created bin congestion on the nature strip which
impacted on the visual amenity of the streetscape.
A number of councils, including Fairfield City Council,
Liverpool City Council and Hornsby Shire Council, at the time provided an
alternative method of garbage and recycling collections for MUDs. The
collection methods basically required collection staff to enter the site and
collect the bins from a bin storage room, empty the bins at the kerbside and
return the bins to the storage room. The bins used for this method of service
ranged from 240L MGBs to larger bulk bins up to three cubic metres in capacity.
Investigations of the services provided by the three
councils identified above revealed the following:
Use of bulk bins (660L- 3000L)
· Bins were provided on a shared
arrangement for all residents of each development
· Garbage storage rooms for the larger
bins were too small or did not exist. Subsequently, bins and waste was visible
from the street
· The majority of sites were found to
have full and overflowing bins due to the bins being used for disposal of large
bulky items including furniture
· Bins become a dumping ground by
others
· Due to the larger size of the bins
they needed to be stored close to the front of the allotment to be accessed
· Some sites had bins stored on the
nature strip or roadway due to the characteristics of the site
· Some sites necessitated vehicular
access creating safety and indemnity issues
· The larger bins impacted the visual
amenity of the streetscape
Use of 240L MGBs
· Bins were found to be stored in
specifically designed garbage rooms
· Bin rooms were designed to
compliment the architectural features of the main building
· There were little if any waste
problems associated with the use or storage of the bins
· Bins were accessed by the collection
contractors and returned to the bin bay empty
Current Situation
Based on the investigation results outlined above, Council
introduced the Collect and Return Service for MUDs in July 2002.
The service involves residents shared use of 240L MGBs for
garbage and recycling. Both the garbage and recycling contractors use 23cubic
metre rear load garbage trucks and two staff to perform the collection program.
The garbage bins are emptied twice weekly and recycling bins are emptied
weekly. Bins are stored on site in specifically designed garbage rooms. The
contractors enter the site, collect the bins for emptying at the kerbside and
return the bins on completion. This service has now been operating
satisfactorily for 10 years.
The Collect and Return service, when introduced, generally
extended to MUDs with seven units or more and only to existing developments
having a common storage area for bins. All applications for new developments,
however, are required to include a common garbage storage room to accommodate
the bins for the service. There are 318 MUD sites containing over 4,780
dwellings that are currently provided with the Collect and Return service. The
residents of the remaining MUDs present their bins at the kerbside for
collection.
Waste planning requirements for MUDs is included in the
Penrith Development Control Plan 2006.
Services Provided at Other Councils
A survey was conducted of the WSROC councils to ascertain
the waste service method and charge imposed for the delivery of services to
MUDs within those areas. The details are provided in the following table:
|
Council
|
Domestic Waste Charge
|
Service Method – Garbage only
|
Service Issues
|
|
Auburn
|
$371
|
240LMGBs &
660L Bulk Bins
|
- Majority of service 240L MGB kerbside
presentation
- Illegal dumping with bulk bins
- Bulk bins filled with bulky waste (i.e.,
furniture, etc)
- Bins containing bulky waste are not emptied
|
|
Bankstown
|
$325
|
660L & 1100L
Bulk Bins
|
- Severe dumping issues in and around bins
- Significant recycling contamination problems
|
|
Baulkham Hills
|
$335
|
240L MGBs &
660L & 1100L
Bulk Bins
|
- No major issues provided
|
|
Blacktown
|
$320
|
240L MGBs &
1100L & 3000L Bulk Bins
|
- Majority of service 240L MGB kerbside
presentation
- Bins filled with bulky waste (i.e., furniture,
etc)
- Some private collections – collections stopped
through non-payment to the contractor
|
|
Blue Mountains
|
$309
|
240L MGBs
|
- Bins presented at the kerbside for collection
|
|
Fairfield
|
$368
|
240L MGBs &
1500L Bulk Bins
|
- 240L MGBs Collect and Return service – generally
no issues
- Illegal dumping and bulky waste problems with
bulk bin use
|
|
Hawkesbury
|
$373
|
240L MGBs
|
- 240L MGBs presented at kerbside – generally no
issues
|
|
Holroyd
|
$356
|
240L MGBs &
1100L Bulk Bins
|
- Majority of service 240L MGB kerbside
presentation – generally no issues
- Dumping of bulky waste in bulk bins can be a
problem
|
|
Liverpool
|
$308
|
240L MGBs
|
- Combined 240L MGBs presented at kerbside and
Collect and Return service – no major issues
|
|
Parramatta
|
$290
|
140L & 240L MGBs
|
- Kerbside presentation
- No service to high rise
- Considering bulk bins with new tender
|
|
Penrith
|
$279
|
240L MGBs
|
- Combined 240L MGBs presented at kerbside and
Collect and Return service – no major issues
|
The information in the above table was recently sought from
officers at the identified WSROC councils. Ten of the eleven councils are
using 240L MGBs for the majority of services provided to MUDs. Six of those
councils, however, also use bulk bins to an extent in combination with the
240L. Recycling services, however, by all the councils are provided with the
use of 240L MGBs. Bankstown, however, trialled the use of bulk bins for
recycling and the audit results revealed a 38% increase in contamination.
Some councils allow the domestic waste service to be provided
by private contractors; however, this does not exempt the property owner from
being levied the charge for domestic waste management services.
Any proposal to Council for the provision of private
services to any residential development would require the developer/owner to
provide details and methods on how they would meet the State Government’s
strategy of reducing their waste from landfill by 66%. This would also require
the submission to Council of ongoing data detailing target achievements.
Further, even though a private service may be provided,
there is no exemption of the domestic waste management service charge as the Local
Government Act provides that a council must levy the charge to all
properties where the service is available.
Domestic Waste Management Service Charge
The Local Government Act provides that a council must
make and levy a charge for each year for the provision of domestic waste
management services for each parcel of rateable land for which the service is
available. In Penrith, the service is available throughout the city to all land
zoned to permit residential development. The domestic waste management service
charge must be developed from the reasonable cost to the council of providing
those services.
Legal opinion has been sought in regard to this issue by
other councils, which confirmed that councils are within their rights to levy a
domestic waste management service charge to all properties where the service is
available whether a private service is provided or otherwise.
The domestic waste management service charge applied by all
the WSROC councils range from $279 (Penrith) to $367 (Fairfield). The charge
is for a standard service and applies to single unit dwellings as well as MUDs.
Conclusion
The Collect and Return service
for MUDs was developed in 2002 after surveys of other council services to
determine the most effective means of delivering garbage and recycling
collections to overcome bin congestion at the kerbside and to improve the
visual amenity of the streetscape.
The service provided by Penrith
was subject to tender and complies with the Department of Environment &
Climate Change NSW Better Practice Guide for Waste Management in Multi Unit
Developments.
|
RECOMMENDATION
That the information contained in the report on the Domestic
Waste Service Collection Contract be received.
|
ATTACHMENTS/APPENDICES
There are no attachments for
this report.
Ordinary Meeting 5
March 2012
Compiled by: Tracy
Chalk, Waste and Community Protection Manager
Authorised
by: David
Burns, 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 Waste 2012 Conference will be
held from 1-3 May 2012 at the Opal Cove Resort, Coffs Harbour. The program
will focus on practical outcomes and will include keynote addresses from both
international and national leaders, case studies, workshops and panel
discussions. This two-day event will include over 60 presentations, 40
exhibitors, 350 delegates and three networking events.
This report suggests that Council
nominates interested and available Councillors to attend the Waste 2012
Conference.
Background
The Waste 2012 Conference is attended by professionals from
a diverse range of sectors. Conference delegates have the opportunity to listen
to keynote speakers and take part in workshops and panel discussions. Further
information is available online at www.impactenviro.com.au/waste2012
.
The program will focus on real issues and practical
solutions and will include keynote addresses from both international and
national leaders, case studies workshops and panel discussions.
Topics to be covered at the Conference include:
· Clean Energy Bill and waste management
· Waste policies and targets
· Waste to energy
· Education and communication
· Food and garden organics
· Commercial and industrial waste
· Hazardous waste
· Service and infrastructure procurement
· Waste policy leadership
· Recycling collection and markets
· Recovery of e-waste
· Landfill management
· AWT options and residuals
· Innovation and technology
· Tendering and contracts
There will be a pre-conference tour of six waste facilities
between Sydney and Coffs Harbour. The tour departs from Sydney Central Station
on Monday, 30 April 2012 and arrives at Opal Cove Resort, Coffs Harbour on
Tuesday, 1 May 2012.
It is suggested that Council
nominates interested Councillors to attend the Waste 2012 Conference.
|
RECOMMENDATION
That:
1. The information contained in
the report on Waste 2012 Conference be received.
2. Council nominate interested
and available Councillors to attend the Waste 2012 Conference.
|
ATTACHMENTS/APPENDICES
There are no attachments for
this report.
Ordinary Meeting 5
March 2012
|
5
|
Hawkesbury River County
Council request for support regarding NSW State funding
|
|
Compiled by: Janet
Rannard, Bushland Management Officer
Graham Liehr, Environmental Health
Manager
Authorised
by: John
Gordon, Parks Manager
|
Objective
|
Our natural habitats are healthy
|
|
Community Outcome
|
A City with healthy waterways and protected natural
areas (11)
|
|
Strategic Response
|
Protect and conserve the natural areas under
Council's responsibility (11.2)
|
Executive Summary
In 2009 the NSW Government
amended the funding process for noxious weed control, devolving decision making
from the local level to the regional level. This new approach has resulted in
reduced funding to the Hawkesbury River County Council (HRCC), the Council
controlling noxious weeds within the Penrith Local Government Area. This change
will result in a reduction in service levels to Penrith City Council.
HRCC has requested written
support from Council to the Sydney Weeds Committee and to the Minister for
Primary Industries to preserve all Local Government funding rather than have it
re-allocated to regional level committees.
Background
Hawkesbury River County Council (HRCC) is the Local Control
Authority under the Noxious Weeds Act 1993 for the management and control of
declared noxious weeds within the Penrith Local Government Area. Council’s
representatives on the board of the HRCC are the Deputy Mayor, Councillor
Jackie Greenow and Councillor Kevin Crameri OAM.
Services typically include control of noxious weeds on both public
and private land through the use of chemical, biological and mechanical
resources. The service provided can be either reactive – in response to
landowner requests, or part of a planned strategic management approach.
HRCC receives annual funding from each of its four
constituent Councils - The Hills, Blacktown, Hawkesbury and Penrith. Penrith
City Council’s current contribution is $128,000. The HRCC has indicated that
they will request an increase in funding for the 2012/13 financial year. This
request will be the subject of a further report to Council. To carry out its
full range of services the HRCC also relies on State Government noxious weed
grants. Previously HRCC received between $496,000 and $288,000 annually. The
attached tables show HRCC revenue versus expenditure in recent years.
In 2009 the funding process was restructured to allow
regional decision making. The Sydney region responded by amalgamating all four
Regional Weeds Committees into a single Sydney Weeds Committee, administered by
a board of eight members. The Board devolves the available funding to
individual entities.
Decisions made by the Sydney Weeds Committee resulted in
HRCC having its funding reduced by $68,000 annually without any written
justification. An appeal to have the funding level re-instated was
unsuccessful.
This decision impacts on HRCC directly, placing a strain on
its financial resources and the employment of fewer staff. This has had a flow
on effect of a reduction in services to local Councils.
Aquatic Weed Harvester
The Hawkesbury-Nepean River plays
a key ecological role and also brings significant social and economic benefits
to the region through tourism and recreational activities. Aquatic weed issues
throughout the river system pose a risk for navigation and safety risks to
recreational and tourism activities including the Penrith rowing course.
In 2008 the Federal Government funded the capital costs of
an aquatic weed harvester for the Hawkesbury-Nepean. The Hawkesbury River
County Council (HRCC) took possession of the harvester in early 2009. Whilst
limited funding for the operation of the harvester was provided by the State
Government at the time, there is currently no ongoing funding commitment to
enable the operation of the harvester.
The Penrith rowing course will likely be used for training
during the World Rowing Cup at the Sydney International Regatta Centre in 2013
and 2014. There is also strong community expectation that HRCC will use the
harvester to control all problematic aquatic weeds in the Penrith rowing
course. To preserve these benefits it is essential to secure ongoing funding
for the continued operation and maintenance of the aquatic weed harvester and
enable a sustainable approach to aquatic weed management.
In October 2011, a letter was sent to the Minister for the
Environment, The Hon Robyn Parker MP seeking support for sufficient funding to
enable sustainable aquatic weed management in the Hawkesbury –Nepean River.
Letters were sent to local members of Parliament, Stuart Ayers, Bart Bassett,
Tanya Davies and Andrew Rohan, seeking their support on the funding issue. In
November 2011 the Office of Environment and Heritage wrote to Council and
advised that Council’s letter to the Minister for Environment had been referred
to the Minister for Primary Industries, the Hon Katrina Hodgkinson MP. Council
has not received further correspondence responding to Council’s letters and
will be writing to the Minister for Primary Industries directly reconfirming
the request and also writing to the local Federal Member seeking support.
Concurrently, Council staff have
recently met with staff from the Office of Hawkesbury Nepean and staff from the
HRCC working in a coordinated approach for funding for the operation and
maintenance of the harvester.
Conclusion
HRCC has requested written support from Council to the
Sydney Weeds Committee and to the Minister for Primary Industries to preserve
all Local Government funding rather than have it re-allocated to regional level
committees.
Specifically, the HRCC has requested that Council writes to
the Sydney Weeds Committee requesting that “ HRCC funding levels be restored to
previous levels in line with CPI and any NSW State Budget increases”. HRCC also
requested “that an appeal is made in writing to the Minister for Primary
Industries to preserve all local government funding devolved via the NSW Weed
Action Committee Program to meet the obligations of the Noxious Weeds Act 1993,
and not permit regional level committees to reallocate this to other State
Government entities.”
On the basis that these actions will result in a reduced
level of service provide by the HRCC within the Penrith local government area,
it is recommended that Council support the request from the HRCC.
|
RECOMMENDATION
That:
1. The information contained in
the report on Hawkesbury River County Council request for support regarding
NSW State funding be received
2. Council write to the Sydney
Weeds Committee requesting that HRCC funding levels are restored to previous
levels in line with CPI and any NSW State Budget increases.
3. Council write to the Minister
for Primary Industries appealing to preserve all Local Government funding
devolved via the NSW Weed Action Program to meet the obligations of the
Noxious Weeds Act 1993, and not permit regional level committees to
re-allocate this to other State Government entities.
4. Council write to local state
members of Parliament seeking support for the restoration of funding to the
HRCC as part of the development of the State budget.
5. A further report be provided
to Council in relation to a request from HRCC to increase Council’s financial
contribution for the 2012/13 financial year.
|
ATTACHMENTS/APPENDICES
|
1.
|
Tables
showing Hawkesbury River County Council's revenue versus expenditure in
recent years
|
1 Page
|
Appendix
|
Ordinary Meeting 5
March 2012
Appendix 1 - Tables showing Hawkesbury
River County Council's revenue versus expenditure in recent years
Ordinary Meeting 5
March 2012
|
6
|
Tender Reference 11/12-10,
Upgrading Works on Mamre Road and Erskine Park Road, Erskine Park
|
|
Compiled by: Michael
Jackson, Major Projects Manager
Authorised
by: Wayne
Mitchell, Group Manager - City Infrastructure
|
Objective
|
Our physical infrastructure is adaptable, and
responds to changing needs
|
|
Community Outcome
|
A City with an integrated local road and pathways
network (16)
|
|
Strategic Response
|
Provide a safe, efficient local road network (16.1)
|
Previous Items: 13- Tender
Reference 11/12-10, Upgrading Works on Mamre Road and Erskine Park Road,
Erskine Park.- Ordinary Meeting- 12 December 2011
Executive Summary
At the Ordinary Meeting held on
12 December 2011 Council accepted a tender from NACE Civil Engineering Pty Ltd
(NACE) for Upgrading Works on Mamre Road and Erskine Park Road, Erskine Park to
the value of $4,485,275.58 ex GST. However, subsequent information and
discussions held with the successful tenderer has revealed that a
misunderstanding has occurred and the correct price that should have been
provided in their tender was $4,933,503.14 ex GST.
After consultation with the
Group Manager – Legal & Governance it has been determined that under
Section 55 Subsection (3)(i) of the Local Government Act 1993, the Council has
a discretion where extenuating circumstances exist to exempt any resulting
contract from the requirements to recall the tender. It is considered
extenuating circumstances exists due to the following:
· the
competitive advantage and tender price that NACE will still provide Council
· it
is considered a satisfactory result for Council would not be achieved by
calling for fresh tenders.
This report recommends that the
amended tender from NACE be accepted as the preferred contractor to carry out
the scope of works outlined in the RFT 11/12-10 and Council use its
discretionary power under the Local Government Act 1993 not to call fresh
tenders.
Current Situation
At the Ordinary Meeting held on 12 December 2011 Council
accepted a tender from NACE for Upgrading Works on Mamre Road and Erskine Park
Road, Erskine Park to the value of $4,485,275.58 ex GST (copy attached).
During discussions to finalise the contract for the project, NACE indicated to
Council officers that there was a misunderstanding regarding their tender
documents and the submitted price should have been $4,933,503.14 exclusive of
GST, not inclusive of GST. A review of the documents has been undertaken and
NACE did provide their price of $4,933,503.14 in the inclusive of GST section
of the tender documents.
Council Officers in their review of the documentation
provided by NACE determined when comparing the trade breakdown costs with the
total cost that there was an anomaly. At the tender interview stage this
anomaly was discussed with NACE and Council officers were of the view that this
had been satisfactorily explained and understood by both parties and that the
original price as submitted would stand. This was the position and the basis
that the original report as attached was submitted to Council.
After Council accepted the tender, Council Officers
commenced preparation of the final contract documentation in consultation with
NACE. It was at this time that NACE again raised their error in recording
their price in the wrong line of the schedule and confirmed that they would not
undertake the Contract for the sum of $4,485,275.58 exclusive of GST, but
referred back to their originally submitted prices of $4,933,503.14.(now
exclusive of GST).
Under the Local Government Act 1993 Council has no power to
reconsider tenders once a tender has been accepted. However the legislation
does allow Council, in extenuating circumstances, not to be required to re-call
tenders and to consider acceptance of the revised offer made by NACE to
undertake the work in accordance with the tender documentation. The sum of the
revised offer is $4,933,503.14 exclusive of GST. This has been confirmed in
writing to Council.
Under Section 55 subsection (3)(i) of the Local Government
Act Council does not need to call tenders if:
(i) a contract where, because of extenuating
circumstances, remoteness of locality or the unavailability of competitive or
reliable tenderers, a council decides by resolution (which states the reasons
for the decision) that a satisfactory result would not be achieved by inviting
tenders
If Council were to exercise its discretion in this matter it
needs to decide by resolution that extenuating circumstances exist in this
matter because of the following reasons:
· NACE have an established worksite on a
project in the immediate locality
o Erskine
Park Link Road between Lenore Lane and Old Wallgrove Road for $30m and due for
completion in December 2012
· The NACE price is significantly lower in
cost from the prices offered by other tenderers as noted in the previous report
· NACE have a competitive advantage due to
their worksite establishment in the locality
· Other tenderers are unlikely to match or
better the price if offered the opportunity at a possible further tender
process, given the results of the last tender process.
Staff from the Legal and Governance Department discussed the
circumstances of this tender with the Manager, Investigations Department of the
Division of Local Government and it has been confirmed that the circumstances
detailed in this report would fall into the category of extenuating
circumstances.
In addition, Council’s Legal & Governance Group Manager
has discussed the situation with Council’s external Solicitor, Chris Drury who
also agrees that the use of the extenuating circumstances provisions of the Act
are open to Council to rely upon in this situation.
The use of the extenuating circumstances provision within
the Act should remain the exception rather than the rule. However, given the
circumstances with this tender process, it is considered that the use of the
provision in this case is warranted. In future, explicit clarity regarding
price will be determined in respect of all tenders and any views or discussions
formed by both parties will be confirmed in writing with the relevant parties
prior to any future reports being submitted to Council.
If Council agrees that extenuating circumstances have
occurred, the amended tender price will be $4,933,503.14 exclusive of GST and
the contract let will be subject to the documentation as previously supplied in
the tender process.
The Roads & Maritime Services have provided concurrence
to proceeding with the construction as detailed, as such the caveat that
existed in the previous recommendation has now been removed.
|
RECOMMENDATION
That:
1. The information contained in
the report on Tender Reference 11/12-10, Upgrading Works on Mamre Road and
Erskine Park Road, Erskine Park be received
2. Council exercise its
discretion under Section 55 (3)(i) of the Local Government Act 1993 and
engage NACE Civil Engineering Pty Ltd as the contractor for the intersection
upgrade works of Mamre Road & Erskine Park Road for the revised amount of
$4,933,503.14 ex GST and not recall tenders because of the extenuating
circumstances as detailed within this report.
3. The Common Seal of the Council
of the City of Penrith be placed on all documentation if necessary.
|
ATTACHMENTS/APPENDICES
|
1.
|
Tender
Reference 11/12-10, Upgrading Works on Mamre Road and Erskine Park Road,
Erskine Park - Ordinary Council Meeting Report - 12 December 2011
|
6 Pages
|
Appendix
|
Ordinary Meeting 5
March 2012
Appendix 1 - Tender Reference 11/12-10,
Upgrading Works on Mamre Road and Erskine Park Road, Erskine Park - Ordinary
Council Meeting Report - 12 December 2011
THIS PAGE HAS BEEN LEFT BLANK
INTENTIONALLY
A Vibrant
City
There were no reports under this
Delivery Program when the Business Paper was compiled
Ordinary
Meeting 5
March 2012
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
Liveable City
2 Tender Reference 11/12-10
Upgrading Works on Mamre Road and Erskine Park Road, Erskine Park
This item has been referred to
Committee of the Whole as the report refers to advice concerning litigation, or
advice that would otherwise be privileged from production in legal proceedings
on the ground of legal professional privilege and discussion of the matter in
open meeting would be, on balance, contrary to the public interest.
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INTENTIONALLY
ATTACHMENT 
Date of Meeting:
Delivery Program: A
Leading City
Program: Corporate
Finance
Report Title: 2011-2012
Voted Works
