Agenda of Ordinary Meeting - 23 February 2015

UNCONFIRMED MINUTES

OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 2 FEBRUARY 2015 AT 7:32PM

NATIONAL ANTHEM

The meeting opened with the National Anthem.

STATEMENT OF RECOGNITION

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

PRAYER

The Council Prayer was read by Council’s Senior Governance Officer, Glenn Schuil.

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Ben Goldfinch, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

APOLOGIES

There were no apologies.

CONFIRMATION OF MINUTES - Ordinary Meeting - 15 December 2014

1 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies that the minutes of the Ordinary Meeting of 15 December 2014 be confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

Mayoral Minutes

1 Locals recognised in Australia Day Awards

Councillors Greg Davies, John Thain, Jim Aitken OAM and Prue Car spoke in support of the Mayoral Minute.

2 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Greg Davies that the Mayoral Minute on Locals recognised in Australia Day Awards be received.

Reports of Committees

1 Report and Recommendations of the Penrith Community Safety Partnership Meeting held on 3 December 2014

3 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Jackie Greenow OAM that the recommendations contained in the Report and Recommendations of the Penrith Community Safety Partnership meeting held on 3 December, 2014 be adopted.

2 Report and Recommendations of the Access Committee Meeting held on 10 December 2014

4 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia Hitchen that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 10 December, 2014 be adopted.

DELIVERY PROGRAM REPORTS

Outcome 4 - We have safe, vibrant places

2 Proposed Permanent Closure of Part Station Lane, Penrith at Nos. 101-107 Station Street, Penrith

5 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Proposed Permanent Closure of Part Station Lane, Penrith at Nos. 101-107 Station Street, Penrith be received.

2. Council resolve to affix the Common Seal of Penrith City Council to the survey plan identifying the land prior to lodgement with the Office of Land and Property Information and issue of a Certificate of Title.

3. Upon issue of a Certificate of Title to the land, the land be classified “operational”.

1 Denver Road Reserve, St Clair - Proposed naming as "Bill & Eva Martin Reserve"

Councillor Mark Davies left the meeting, the time being 7:56pm.

6 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jackie Greenow OAM

That:

1. The information contained in the report on Denver Road Reserve, St Clair - Proposed naming as "Bill & Eva Martin Reserve" be received.

2. Council endorse the naming of the reserve between Denver Road and Colorado Drive, St Clair as the ‘Bill & Eva Martin Reserve’ and make application to the Geographical Names Board for their consideration.

Outcome 5 - We care about our environment

4 Tender Reference RFT 14/15-13 Kingswood Park Rehabilitation Project, North Penrith

7 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1. The information contained in the report on Tender Reference RFT 14/15-13 Kingswood Park Rehabilitation Project, North Penrith be received.

2. The tender from Total Earth Care Pty Ltd for the sum of $91,318 (excluding GST) be accepted for the Kingswood Park Rehabilitation project.

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

3 Council successful in receiving Building Resilience to Climate Change grant funding

Councillor Mark Davies returned to the meeting, the time being 7:58pm.

8 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

That:

1. The information contained in the report on Council successful in receiving Building Resilience to Climate Change grant funding be received.

2. Council endorse the acceptance of $67,000 in grant funding.

Outcome 6 - We're healthy and share strong community spirit

5 Licence Agreement - Penrith Rugby Union Club's Use of Lot 91 D.P. 601050, Andrews Road

9 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on Licence Agreement - Penrith Rugby Union Club's Use of Lot 91 D.P. 601050, Andrews Road, be received.

2. The licence agreement be signed and authority to execute the licence agreement be granted to Council’s Recreation Manager.

6 Donations to Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Interstate and Overseas Travel

10 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies that the information contained in the report on Donations to Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Interstate and Overseas Travel be received.

7 Jessica Fox Sponsorship Request and Penrith City Ambassador Program

11 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Greg Davies

That:

1. The information contained in the report on Jessica Fox Sponsorship Request and Penrith City Ambassador Program be received.

2. Council endorse the sponsorship proposal as detailed in this report.

8 'Live' Sites

12 RESOLVED on the MOTION of Councillor Tricia Hitchen seconded Councillor Jackie Greenow OAM that the information contained in the report on 'Live' Sites be received.

Outcome 7 - We have confidence in our Council

9 2015 Australian Local Government Women's Association NSW Annual State Conference

13 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown

That:

1. The information contained in the report on 2015 Australian Local Government Women's Association NSW Annual State Conference be received.

2. Council’s delegates to attend ALGWA’s NSW Annual State Conference, to be held in Wollongong from Thursday 30 April to Saturday 2 May 2015, be Councillors Prue Car, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, Michelle Tormey and any other interested and available Councillors.

10 Code of Meeting Practice

14 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Code of Meeting Practice be received.

2. The draft Code of Meeting Practice be adopted.

11 Tender Reference 14/15-11, Provision of Power and Data Cabling in the Civic Centre

15 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Tender Reference 14/15-11, Provision of Power and Data Cabling in the Civic Centre be received.

2. The tender for the Provision of Power and Data Cabling in the Civic Centre (Tender Reference 14/15-11) be awarded to Hix Group Pty Ltd for the sum of $504,743.40 ex GST.

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

13 Summary of Investments & Banking for the period 1 December 2014 to 31 December 2014

16 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

That:

1. The information contained in the report on Summary of Investments & Banking for the period 1 December 2014 to 31 December 2014 be received

2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 December 2014 to 31 December 2014 be noted and accepted.

3. The graphical investment analysis as at 31 December 2014 be noted.

4. The Agency Collection Methods as at 31 December 2014 be noted.

12 Council Polls

17 RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Kevin Crameri OAM

That:

1. The information contained in the report on Council Polls be received.

2. A paper be presented to a Councillor Briefing to discuss the issue of notification and the processes therefor and the responsibilities of Council and Councillors.

REQUESTS FOR REPORTS AND MEMORANDUMS

and

URGENT BUSINESS

RR 1 Carpark - Union Road, Penrith

Councillor Jackie Greenow OAM requested a memo reply to all Councillors regarding access issues in the Union Road carpark, in particular the feasibility of moving the accessible parking to be closer to the corner of Worth Street and Union Road, or to be closer to Union Lane, as the move of Medicare to the Centrelink building has created the need for more accessible parking spaces.

RR 2 Traffic Flow Issues - Cnr Worth Street and Union Lane, Penrith

Councillor Jackie Greenow OAM requested a memo reply to all Councillors concerning traffic flow issues at the corner of Worth Street and Union Lane, Penrith.

UB 1 Request for Leave of Absence

Councillor Maurice Girotto requested Leave of Absence for the period 17 February 2015 to 3 March 2015 inclusive.

18 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that the matter be brought forward as a matter of urgency.

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

19 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Kevin Crameri OAM that Councillor Maurice Girotto be granted Leave of Absence for the period 17 February 2015 to 3 March 2015 inclusive.

RR 3 Badgerys Creek Airport

Councillor Kevin Crameri OAM requested a report to Council addressing previous issues raised by Council in 1997 regarding the proposed Badgerys Creek Airport, as well as current issues concerning the effects of the proposed airport on properties in St Clair, St Marys and Claremont Meadows which may be under the flight path. The report is also to address the ambient background noise between 11:00pm and 6:00am at both Sydney Airport and Badgerys Creek.

Councillor John Thain left the meeting, the time being 8:40pm.

RR 4 Parking Issues - Evan Street, Penrith

Councillor Kevin Crameri OAM requested a memo reply to all Councillors concerning the lack of parking available for people accessing the Eye Centre in Evan Street, Penrith.

Councillor John Thain returned to the meeting, the time being 8:41pm.

RR 5 Opposition to Power Sell Off

Councillor Kevin Crameri OAM requested an urgent report to Council detailing the history of the acquisition by the State Government of the Prospect County Council (that was owned by the people) in the 1990’s (including the dividend payments paid by the Corporation to the State Government), and the current proposal by the State Government of a long term lease of 49% of the State’s electricity network businesses (poles and wires).

RR 6 Planning Issues regarding Group Homes and Places of Public Worship

Councillor Greg Davies left the meeting, the time being 8:46pm.

Councillor Kevin Crameri OAM requested a memo reply to all Councillors detailing the progress made by the State Government addressing issues that may potentially arise from the establishment of Group Homes and Places of Public Worship in areas with no connection to the sewer.

Councillor Greg Davies returned to the meeting, the time being 8:47pm.

RR 7 Request for Councillor Briefing - Dunheved Industrial Park - Fire

Councillor Bernard Bratusa requested a Councillor Briefing, to be followed by a report to Council on the fire at Dunheved Industrial Park on 17 January 2015, with issues of safety, entry/exit issues, evacuation strategy, and signage to be addressed.

UB 2 Poppy Park - Provision of Power Supply

Councillor Bernard Bratusa requested that an amount of $2,000 be allocated from each Ward’s voted works (totalling $6,000) to assist in providing a power supply to the Poppy Park, located between Judges Car Park and Penrith Bowling Club.

20 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Michelle Tormey that the matter be brought forward as a matter of urgency.

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

21 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor John Thain that an amount of $2,000 be allocated from each Ward’s voted works (totalling $6,000) to assist in providing a power supply to the Poppy Park, located between Judges Car Park and Penrith Bowling Club.

RR 8 Park opposite Lennox Centre, Penrith

Councillor Marcus Cornish requested a memo reply to all Councillors and the clearing of tree growth in the park diagonally opposite the Lennox Centre in Penrith, to allow for passive surveillance of the shared pathway which is being installed in this area.

Committee of the Whole

Councillor Marcus Cornish left the meeting, the time being 8:54pm.

Councillor Michelle Tormey left the meeting, the time being 8:54pm.

Councillor Ben Goldfinch left the meeting at 8:55pm and did not return.

22 RESOLVED on the MOTION of Councillor Bernard Bratusa seconded Councillor Jackie Greenow OAM that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 8:55pm.

1 Presence of the Public

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

Outcome 7

2 Commercial Matter - Proposed sale of a Council property

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.

Outcome 1

3 Property Matter 21 - 25 Woodriff Street, Penrith

The meeting resumed at 9.12pm and the General Manager reported that the Committee of the Whole met at 8:55pm on 2 February 2015, the following being present

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Mark Davies, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown, John Thain and Michelle Tormey.

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

CONFIDENTIAL BUSINESS

2 Commercial Matter - Proposed sale of a Council property

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Mark Davies

CW2 That:

1. The information contained in the report on Commercial Matter - Proposed sale of a Council property be received.

2. The matter be deferred to allow consideration of the matters discussed in the meeting.

Councillor Marcus Cornish returned to the meeting, the time being 8:58pm.

3 Property Matter 21 - 25 Woodriff Street, Penrith

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen

CW3 That:

1. The information contained in the report on Property Matter 21 - 25 Woodriff Street, Penrith be received.

2. Council endorse the proposed base land value and continuing negotiations in accordance with this report.

Councillor Michelle Tormey returned to the meeting, the time being 9:11pm.

4 Staff Matter

RECOMMENDED on the MOTION of Councillor John Thain seconded Councillor Kevin Crameri OAM that the information provided by the General Manager regarding a staff matter be received and noted.

ADOPTION OF Committee of the Whole

23 RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Michelle Tormey 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 9:14pm.

Ordinary Meeting 23 February 2015

REPORT AND RECOMMENDATIONS OF THE
Local Traffic Committee MEETING

HELD ON 2 February, 2015

PRESENT

Councillor Marcus Cornish, Councillor Tricia Hitchen, Steve Grady – Busways, Bill Pearson – Penrith LAC, Mark Elliott – St Marys LAC, James Suprain – Roads and Maritime Services, David Drozd (Chair), Ruth Byrnes – Senior Traffic Officer, Laurie Doolan – Council Ranger, Catherine Waerner – Road Safety Officer, Graham Green – Senior Traffic Engineer, Bernard Meier – Signs and Linemarking Officer, Adam Wilkinson – Engineering Services Manager, Daniel Davidson – Senior Traffic Engineer.

APOLOGIES

Councillor Jackie Greenow OAM, Councillor Karen McKeown, Steve Purvis – Council Ranger, Wayne Mitchell – Executive Manager, Environment and City Development.

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 1 December 2014

The minutes of the Local Traffic Committee Meeting of 1 December 2014 were confirmed.

DECLARATIONS OF INTEREST

There were no declarations of interest.

DELIVERY PROGRAM REPORTS

Outcome 3 - We can get around the City

1 Fantail Crescent, Erskine Park - Provision of Double Barrier Linemarking (BB)

RECOMMENDED

That:

1. The information contained in the report on Fantail Crescent, Erskine Park – Provision of Double Barrier Linemarking (BB) be received.

2. Residents adjacent to the new linemarking be advised of Council’s resolution.

3. The double barrier linemarking (BB) be extended by 35m in Fantail Crescent (east/west) and be implemented for 8m in Fantail Crescent (north/south), with associated raised pavement markers.

4. Mrs Tanya Davies MP, Member for Mulgoa and the resident be advised of Council’s resolution.

2 High Street Penrith Triangle Park Sixteen-Month Traffic Review

LTC Comment: Councillor Marcus Cornish stated that the closure of the road at Triangle Park placed additional traffic strain at the Evan Street and Henry Street intersection and that this required consideration when assessing the traffic conditions related to the Triangle Park. Councillor Marcus Cornish believed that the report did not go far enough and rejected its contents.

RECOMMENDED

That:

1. The information contained in the report on High Street Penrith Triangle Park Sixteen-Month Traffic Review be received.

2. Council note the information.

3 Caddens Stages 4, 5 & 6 - Endorsement of Signage and Line Marking Plans

RECOMMENDED

That:

1. The information contained in the report on Caddens Stages 4, 5 & 6 - Endorsement of Signage and Line Marking Plans be received.

2. The signage and line marking plans prepared by J. Wyndham Prince for Caddens Stages 4, 5 and 6 (Plan No. 9336/CC431, Issue C, dated 13 November 2014; Plan No. 9336/CC523, Issue E, dated 23 December 2014, and; Plan No. 9336/CC623, Issue D, dated 13 November 2014) be endorsed for construction (as shown in Appendices 1 to 3).

3. J. Wyndham Prince be advised of Council’s resolution.

4. All costs associated with the installation of the signage and line marking be funded by the applicant.

4 Caddens Knoll Subdivision - Endorsement of Signage and Line Marking Plan

RECOMMENDED

That:

1. The information contained in the report on Caddens Knoll Subdivision - Endorsement of Signage and Line Marking Plan be received.

2. The signage and line marking plan prepared by J. Wyndham Prince for Caddens Knoll subdivision of Lot 21 DP1151724, associated with DA14/0186, (Plan No. 9336/CC225, Issue B, dated 3 December 2014) be endorsed for construction (as shown in Appendix 1).

3. J. Wyndham Prince be advised of Council’s resolution.

4. All costs associated with the installation of the signage and line marking plan be funded by the applicant.

5 Lee Holm Road, St Marys - Proposed "No Stopping" Restrictions

RECOMMENDED

That:

1. The information contained in the report on Lee Holm Road, St Marys - Proposed "No Stopping" Restrictions be received.

2. Consultation be conducted with affected businesses, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, a 70m “No Stopping” zone be installed on Lee Holm Road, St Marys, opposite Corinthian Doors at 17-35 Lee Holm Road, as shown in Appendix 1.

4. Corinthian Doors be advised of Council’s resolution.

6 John Oxley Avenue, Werrington County - Design Plan Endorsement

LTC Comment: Steve Grady from Busways requested that the bus stop on the southern side of John Oxley Avenue be moved further west by 20m. A formal request will be made from Busways.

RECOMMENDED

That:

1. The information contained in the report on John Oxley Avenue, Werrington County - Design Plan Endorsement be received.

2. The design plan prepared by Council (Plan No. AT81, dated January 2015) for a Watts Profile speed hump on John Oxley Avenue, Werrington County, be endorsed for construction, as shown on Appendix 1.

3. A lighting assessment be conducted.

4. Mr Bart Bassett MP, Member for Londonderry, and the resident be advised of Council’s resolution.

7 Russell Street & Forbes Street, Emu Plains - Design Plan Endorsement

RECOMMENDED

That:

1. The information contained in the report on Russell Street & Forbes Street, Emu Plains - Design Plan Endorsement be received.

2. Consultation be conducted with affected residents for proposed “No Stopping” restrictions associated with the project, and any substantial objections be referred back to the Local Traffic Committee for consideration.

3. Subject to no substantial objections, the design plan prepared by Council (Plan No. AF47, dated December 2014) for a MIST at the intersection of Russell Street and Forbes Street, Emu Plains, be endorsed for construction, as shown on Appendix 1.

4. A lighting assessment be conducted.

8 Lockwood Road, Erskine Park - Proposed Amendments to "No Standing" Restrictions

RECOMMENDED

That:

1. The information contained in the report on Lockwood Road, Erskine Park - Proposed Amendments to "No Standing" Restrictions be received.

2. The redundant “No Standing Emergency Vehicles Only” signs outside TNT on Lockwood Road, Erskine Park, be formally replaced with “No Stopping Emergency Vehicles Excepted” signs, ensuring that the westernmost sign is 2m clear of the adjoining driveway, as shown on Appendix 1.

3. CIP and TNT be advised of Council’s resolution.

9 Russell Street and Old Bathurst Road, Emu Heights - Traffic Safety and Parking

LTC Comment: The Committee discussed the recommendations of the report. Councillor Marcus Cornish requested that both the 4 spaces (western side) and three spaces (eastern side) should be 15min parking for large vehicles. The Penrith LAC (Bill Pearson) proposed, based on an inspection of the area, that the spaces be designated as 30min parking (on both sides). That is, the four unrestricted spaces on the western side of Russell Street, outside the KFC development be made 30 minute parking. Similarly, that the three unrestricted spaces on the eastern side outside McDonalds also be made 30 minute parking. This alternate proposal was supported by both Councillor Marcus Cornish and Councillor Tricia Hitchen.

Council Officers advised that the implementation of high turnover parking is not recommended on traffic safety grounds, as multiple driveways exist in this area which raises potential for vehicle conflicts and accidents. Furthermore, the introduction of high turnover parking has the potential to be utilised by large trucks, and this will lead to the restriction of sight lines for vehicles exiting the subject driveways, which is why the issue was first raised through LTC in February 2014.

The prevailing conditions which have been in place since early/mid 2014 have been operating satisfactorily; the introduction of high turnover parking to this location will adversely impact upon safety and efficiency. Council Officers stated that suitable alternate on street areas for truck parking exist within the vicinity of the fast food outlets in question. The Roads and Maritime Services (RMS) Technical Officer concurred with the recommendations of Council Officers. A vote was called for by Councillor Marcus Cornish, with the result that Councillor Marcus Cornish, the Police representative Bill Pearson – Penrith LAC and delegate for the Member for Penrith (Councillor Tricia Hitchen), all voted in favour of 30 minute timed parking for the four unrestricted spaces on the western side of Russell Street, outside the KFC development and the three unrestricted spaces on the eastern side outside McDonalds. Opposed to the introduction of 30 minute parking was the RMS representative James Suprain.

Procedural note:

It is noted that the recommendations of the Local Traffic Committee for the subject item are submitted, in accordance with RMS Guidelines, to the Council with minority support, 1 in favour and 3 against. In accordance with ‘RMS Delegation to Council’s for the regulation of Traffic (2009)’ manual; Section ‘5.3.6 Voting (d)’:

“If Council decides to proceed with a proposal where the advice of the LTC is not unanimous support, then the Council must first advise the RTA and the NSW Police representatives in writing of their intention to approve the proposal. The RTA or the NSW Police may then lodge an appeal to the RTC (Regional Traffic Committee)”.

RECOMMENDED (WITH MINORITY SUPPORT)

That:

1. The information contained in the report on Russell Street and Old Bathurst Road, Emu Heights - Traffic Safety and Parking be received.

2. The unrestricted parking on the eastern side of Russell Street to remain unchanged.

3. The “No Stopping” zone fronting the old southern driveway on the western side of Russell Street south of Old Bathurst Road be adjusted north to allow the 7m long unrestricted parking located immediately south to be extended north across the old driveway location to provide 23m long unrestricted parking and the edge line be adjusted as shown on Appendix 1.

4. The approval of the bus stop on the western side of Russell Street south of Old Bathurst Road be rescinded. Blue Mountains Bus Company and Transport for NSW be advised accordingly.

5. The business owners who provided comments be advised of Council’s resolution.

GENERAL BUSINESS

GB 1 St Clair Avenue, St Clair - Proposed Concrete Kerb Blisters Reconstruction

Council’s Traffic Engineering Coordinator presented design plans for the construction of concrete kerb blisters in place of the redundant rubber road narrowings at St Clair Avenue, St Clair.

RECOMMENDED

That:

1. The design plan prepared by Council (Plan No. AS233, dated December 2014) for concrete kerb blister construction in St Clair Avenue, St Clair, be endorsed for construction.

2. Residents fronting the proposed kerb blisters be notified of Council’s resolution.

GB 2 Thurston Street, Penrith - Proposed Bus Zone

Busways has requested a formalised bus zone along the frontage of the unit block at No. 19-21 Thurston Street, Kingswood. Busways request the bus stop on Thurston Street, Kingswood be converted to a Bus Zone due to issues with vehicles constantly parking adjacent to the bus stop signage and causing issues for both passengers and bus drivers. Over the last couple of months, numerous vehicles have been parking at the bus stop and as a result, passengers are having difficulty boarding or alighting from the bus and on occasions, buses have been stopping on Thurston Street to allow passengers access, and are therefore blocking the road.

RECOMMENDED

That a 30 metre bus zone be positioned along the frontage of the unit block at No. 19-21 Thurston Street, Kingswood outside the existing bus shelter.

GB 3 Mamre Road and Solander Drive, St Clair - Stop Signage and Markings

Roads and Maritime Services (RMS) requested Stop signage and markings at the intersection of Mamre Road and Solander Drive, St Clair. The RMS has received a concern from a resident regarding safety at the intersection of Solander Drive & Mamre Road, St Clair. A check of the last 5-year crash data shows the predominant issue is the right-near movement traffic turning right from Solander Drive into Mamre Road being impacted by vehicles travelling south on Mamre Road.

The RMS has reviewed the intersection, and due to road environment issues, etc a typical improvement cannot be provided at this stage. The RMS notes that the site generally has good sight distance, defined linemarking and appears to have good street lighting.

To slow the approach of motorists in Solander Drive, and enhance awareness and safety, the RMS considers the installation of a “STOP” restriction to be the most appropriate option at this juncture.

The St Marys Police representative advised that a serious accident has occurred at the location in December 2014, and that at this stage the exact cause of the accident is unknown.

RECOMMENDED

That to slow the approach of motorists in Solander Drive, and enhance awareness and safety, the installation of “STOP” restrictions at Mamre Road be provided.

GB 4 Traffic Facility Lighting Consultation

Councillor Tricia Hitchen asked if consultation occurs for street lighting together with traffic facility design plan consultation. A resident of Swallow Drive, St Clair received a letter from Council notifying her of the pedestrian refuge, but there was never any mention of the street light on the plan. The Engineering Services Manager advised that lighting consultation does not occur as part of the traffic facility consultation, as a lighting assessment is carried out externally by Endeavour Energy and lighting is not always required at each facility. It is then the responsibility of the lighting provider to consult with the property in question.

RECOMMENDED

That Council note the information.

GB 5 Evan Street, Penrith - On Street Parking

Councillor Tricia Hitchen raised concerns with the on street parking on the western side of Evan Street, Penrith, between High and Henry Streets. Councillor Tricia Hitchen asked if Officers can review the site and minimise the hours which on street parking is available.

RECOMMENDED

That Council review the on street parking times on the western side of Evan Street, Penrith between High and Henry Streets.

GB 6 Forbes Street, Emu Plains - Trimming of Trees and School Flags

Councillor Marcus Cornish requested that the trees in front of the school zone signs for Emu Plains Public School, in Forbes Street be trimmed back. Councillor Marcus Cornish also requested that Emu Plains Public School be requested to remove the school crossing flags outside of school hours.

RECOMMENDED

That:

1. Council request the Parks and Gardens section to trim the trees in front of the school zone signs at Emu Plains Public School.

2. Council write to Emu Plains Public School to notify them of the times the school crossing flags are to be presented and of the school’s obligation to install and remove the flags.

GB 7 Jane Street Extension

Councillor Marcus Cornish raised an issue about the Jane Street extension project with regard to retaining the additional space on the northern side of the Great Western Highway in order to allow for the Police to carry out enforcement at that area as well as having space for wedding cars to pull up.

RECOMMENDED

That Council include in its submission to the Roads and Maritime Services (RMS) a request to retain the additional space on the northern side of the Great Western Highway.

GB 8 Station Street and Union Lane and Station Lane, Penrith - Bus Zone Issues

The Busways representative requested investigations into the relocation of bus zone to outside of Tattersalls Hotel in Station Street, Penrith (immediately south of Union Lane), due to 11 bus services utilising the current zone.

RECOMMENDED

That a site inspection be undertaken by Council Officers and Busways representatives to investigate the matter further.

GB 9 The Northern Road/Frogmore Road/Tukara Road Orchard Hills - Traffic Signals

The Busways representative requested the installation of traffic signals at Frogmore Road/The Northern Road intersection at Orchard Hills. Council’s representative advised that there are preliminary investigations underway for traffic signals at the location as part of infrastructure upgrades associated with recently announced funding.

RECOMMENDED

That Council note the information.

GB 10 Smith Street onto Old Bathurst Road, Emu Plains

The Busways representative requested additional capacity on the left side of Old Bathurst Road, approaching Smith Street, for vehicles to be able to turn left as there is a bank up of vehicles.

RECOMMENDED

That Council investigate the issue.

GB 11 Caddens Road Upgrade

The Busways representative raised concerns about the Caddens Road temporary closure. They are currently letting school buses through in the mornings which is appreciated, as they must keep at least 3 bus services on the usual route to ensure they arrive on time.

RECOMMENDED

That Council note the information

GB 12 The Northern Road at Andromeda Drive, Cranebrook - Triangular Island Upgrade

Council’s Senior Traffic Engineer presented plans to the Committee showing the triangle island design proposed for The Northern Road/Andromeda Drive intersection for endorsement. Construction plans have been produced and a painted triangular island has already been constructed. In response to feedback received from the RMS, it is proposed to replace the painted triangular island with a raised concrete triangular island to a minimum of 8m2 in accordance with Roads and Maritime Services (RMS) design guidelines.

Amendment C proposes the island to be 9m2 therefore satisfying the RMS guidelines.

RECOMMENDED

That the design plan AA43 with Amendment C be endorsed for construction.

There being no further business the Chairperson declared the meeting closed the time being 10:45am.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 2 February, 2015 be adopted.

Ordinary Meeting 23 February 2015

REPORT AND RECOMMENDATIONS OF THE
Policy Review Committee MEETING

HELD ON 9 February, 2015

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Bernard Bratusa, Prue Car, Kevin Crameri OAM, Marcus Cornish, Maurice Girotto, Jackie Greenow OAM, Tricia Hitchen, Karen McKeown (arrived 7:03pm), John Thain (arrived 7:04pm) and Michelle Tormey.

APOLOGIES

Apologies were received for Councillors Mark Davies and Ben Goldfinch.

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 2 December 2014

The minutes of the Policy Review Committee Meeting of 2 December 2014 were confirmed.

DECLARATIONS OF INTEREST

Nil.

DELIVERY PROGRAM REPORTS

Outcome 4 - We have safe, vibrant places

5 St Marys Town Centre Corporation

Place Manager, Jeni Pollard introduced the report and invited Paulette Adams, Town Centre Manager and Christine Barnes, Board Member from the St Marys Town Centre Corporation to give a joint presentation.

RECOMMENDED

That:

1. The information contained in the report on St Marys Town Centre Corporation be received.

2. Council receive the Annual Operations Report 2013-14

3. Council endorse the Annual Business Plan 2014-15.

Outcome 2 - We plan for our future growth

1 Sydney Science Park Draft Amendment to Development Control Plan 2014

City Planning Manager, Paul Grimson introduced the report and gave a presentation.

Councillor Jackie Greenow OAM left the meeting, the time being 7:17pm.

Councillor Jackie Greenow OAM returned to the meeting, the time being 7:22pm.

Councillor Prue Car left the meeting, the time being 7:39pm.

Councillor Marcus Cornish left the meeting, the time being 7:40pm.

Councillor Marcus Cornish returned to the meeting, the time being 7:41pm.

RECOMMENDED

That:

1. The information contained in the report on Sydney Science Park Draft Amendment to Development Control Plan 2014 2014 be received.

2. Further changes be made to the Sydney Science Park section of draft Penrith Development Control Plan 2014 prior to public exhibition, to ensure consistency with Council’s policy direction and the LEP Amendment for Sydney Science Park.

3. Council endorse the public exhibition of an amendment to Penrith Development Control Plan 2014 to include a site specific section on Sydney Science Park. This amendment be exhibited in accordance with the relevant provisions of the Environmental Planning and Assessment Act, 1979 and associated Regulations.

4. A further report be presented to Council following the Public Exhibition.

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

For	Against
Councillor Greg Davies
Councillor John Thain
Councillor Karen McKeown
Councillor Michelle Tormey
Councillor Jackie Greenow OAM
Councillor Maurice Girotto
Councillor Kevin Crameri OAM
Councillor Jim Aitken OAM
Councillor Tricia Hitchen
Councillor Bernard Bratusa
Councillor Marcus Cornish
Councillor Ross Fowler OAM

Outcome 3 - We can get around the City

2 Jane Street and Mulgoa Road Infrastructure Upgrade

RECOMMENDED

That:

1. The information contained in the report on Jane Street and Mulgoa Road Infrastructure Upgrade be received.

2. The RMS’s preferred Option 12 as described in the Jane Street and Mulgoa Road Infrastructure Upgrade Community Update November 2014 be supported subject to consideration of additional matters.

3. The Engineering Services Manager be authorised to finalise a submission, highlighting those additional matters identified within this report, and forward to the Roads and Maritime Services (RMS).

Outcome 4 - We have safe, vibrant places

3 Our River Plan of Management and Riparian Vegetation Management Plan

RECOMMENDED

That:

1. The information contained in the report on “Our River Plan of Management and Riparian Vegetation Management Plan be received.

2. The Final “Our River” Plan of Management for Tench Reserve, River Road Reserve and Weir Reserve be adopted

3. The Final “Our River” Riparian Vegetation Management Plan be adopted.

4 Draft Compliance and Enforcement Policy

Development Services Manager, Paul Lemm introduced the report.

Councillor Prue Car returned to the meeting, the time being 7:51pm.

Councillor Jim Aitken OAM left the meeting, the time being 7:52pm.

Councillor Karen McKeown left the meeting, the time being 7:54pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:55pm.

Councillor Karen McKeown returned to the meeting, the time being 7:56pm.

RECOMMENDED

That:

1. The information contained in the report on Draft Compliance and Enforcement Policy be received.

2. The Draft Compliance and Enforcement Policy be placed on public exhibition for 30 days to seek comment from the community.

REQUESTS FOR REPORTS AND MEMORANDUMS AND URGENT BUSINESS

UB 1 Request for Leave of Absence

Councillor Jackie Greenow OAM requested Leave of Absence for the period 17 February 2015 to 29 March 2015 inclusive.

RECOMMENDED that the matter be brought forward as a matter of urgency.

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

RECOMMENDED that Councillor Jackie Greenow OAM be granted Leave of Absence for the period 17 February 2015 to 29 March 2015 inclusive.

RR 1 Flood zones and rebuilds

Councillor John Thain requested a report be brought back to Council concerning an overall review of the City-wide DCP taking into account the rebuild provisions on flood zone lands.

RR 2 Flood levels and flood access

Councillor Kevin Crameri OAM left the meeting, the time being 8:06pm.

Councillor Kevin Crameri OAM returned to the meeting, the time being 8:07pm.

Councillor Jim Aitken OAM requested a report be brought back to Council detailing the flood levels and the associated effects on flood access roads especially in flood prone areas along Ladbury Avenue and Nepean Avenue, Penrith.

RR 3 Responsibility of gate entry at Sportingbet Stadium

Councillor John Thain requested a memo reply regarding who was responsible for the gate entries at Sportingbet Stadium on 8 February 2015 during the Western Sydney Wanderers and Wellington Phoenix game.

There being no further business the Chairperson declared the meeting closed the time being 8:12pm.

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 9 February, 2015 be adopted.

Ordinary Meeting 23 February 2015

Glenmore Park Stage 2 – Amendment to the Second Council Planning Agreement

Compiled by: Joel Carson, Senior Planner

Authorised by: Paul Grimson, City Planning Manager

Outcome	We plan for our future growth
Strategy	Facilitate development that encourages a range of housing types
Service Activity	Plan for and facilitate delivery of release areas and urban renewal in the City

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

Executive Summary

The purpose of this report is to inform Councillors of a proposed amendment to the Second Council Planning Agreement for Glenmore Park Stage 2. The proposed amendment would raise the lot threshold associated with the delivery of the Bradley Street/The Northern Road intersection from 1000 to 1150 lots, as agreed between Roads and Maritime Services and Council.

Housing development in Glenmore Park Stage 2 is advanced to the point that the 1000 lot threshold will soon be reached. The amendment would allow for the continued rollout of Subdivision Certificates to the new threshold whilst requiring the developer to manage road safety and traffic efficiency during the construction period of the intersection.

It is recommended that Council endorse the proposed amendments outlined in this report and prepare a draft amended planning agreement for public notification. Following the notification period, Council’s General Manager, under delegated authority, would finalise and sign the amended Council VPA with the other VPA parties. This process would include the affixing of Council’s Common Seal.

Background

The Voluntary Planning Agreement (VPA) for the Glenmore Park Stage 2 urban release area (GP2) was entered into by Penrith City Council and five landowners on 6 November 2012. Officially known as the “Second Council Planning Agreement” and commonly referred to as the “Council VPA”, the agreement addresses the delivery of infrastructure and monetary contributions to support the development of the GP2 release area. It is noted that there also concurrently exists a State VPA for GP2 between the Minister for Planning and the five landowners.

The Council VPA requires signalised intersection works at Bradley Street/The Northern Road and the upgrade/widening of the first 200m of Bradley Street from its intersection with The Northern Road to the west. The VPA stipulates that these roadworks (including the signal works) must be delivered prior to the issue of the Subdivision Certificate relating to 1000th lot developed by landowners that are party to the agreement. This requirement is also mirrored in the State VPA. Whilst The Northern Road is a State Road under control and management of the Roads and Maritime Services, Bradley Street is a Local Road under Council’s control.

Housing development in GP2 is advanced to the point that the 1000 lot threshold will soon be reached. Council records indicate that Subdivision Certificates for 917 lots have been issued. Council has also approved Development Applications for a further 63 lots that are yet to be released. It is anticipated that the relevant landowners will soon seek from Council the release of Subdivision Certificates for these 63 lots, bringing the total to 980 lots. A further 112 lots are also currently under development assessment by Council and not yet determined. Therefore in total, 1092 lots are anticipated to be potentially delivered at GP2 in the short term future.

The Bradley Street/The Northern Road intersection works have not commenced at this time. The design of the intersection has generally been agreed between all relevant stakeholders, however the construction of the works has been delayed by matters relating to a compulsory land acquisition process currently being undertaken by the Roads and Maritime Services for certain private properties along Bradley Street that are required as part of this project. While Council, State Government and the landowner developers have been working for some time to expedite the delivery of the intersection, negotiations for acquiring the land for road widening have delayed this process.

Advice received from Council’s Senior Legal Officer has outlined that Council cannot issue Subdivision Certificates above the 1000th lot under the current adopted Council VPA, as this would be in breach of Section 109J of the Environmental Planning and Assessment Act 1979, which states that all requirements of the Council VPA must be complied with before a Subdivision Certificate is issued. For Council to continue issuing Subdivision Certificates above the 1000th lot, the lot threshold would need to be changed through an amendment to the Council VPA.

Roads and Maritime Services (RMS) advised on 4 November 2014 that updated intersection modelling recently undertaken for the Bradley Street/The Northern Road intersection indicated that the lot threshold in the Council VPA may be raised to 1150 lots without adversely compromising road safety and capacity. It was also advised that the associated compulsory land acquisition process is anticipated to take up to 18 months to finalise.

The RMS advised that the delivery of the intersection works is to be staged in order to allow for the works to progress whilst the land acquisition process is taken to its completion. Works at The Northern Road that are not affected by the land acquisition process are to be carried out first, along with interim works at Bradley Street to create dual approach lanes and a single departure lane. Upon the completion of the compulsory land acquisition process, the ultimate works on Bradley Street would be constructed.

In order to support the ongoing development of GP2 in the short term and ensure that development is not delayed by a compulsory land acquisition process the developer has requested a change to the Council VPA. Any proposed change must address intersection safety and capacity whilst balancing the developers wish to continue the release of lots within GP2.

GP2 – Proposed Amendment to VPA

To enable Council to continue to process Subdivision Certificate applications to the new RMS-agreed threshold of 1150 lots, there is an urgent need to change the 1000 lot threshold by way of an amendment to the Council VPA.

The scope of proposed changes outlined below are proposed to be undertaken to Table 3 of Annexure E of the Council VPA. The proposed changes are based on written advice provided by the RMS dated 4 November 2014 and 9 February 2015.

The proposed scope of amendments is sequenced as follows:

a) Prior to issue of a Subdivision Certificate for the 1000th lot:

§ Line marking works shall be undertaken on The Northern Road south leg to Bradley Street to provide a dedicated left turn lane and single departure lane (northbound).

b) Prior to issue of a Subdivision Certificate for the 1050th lot:

§ The developer shall enter into a Major Works Authorisation Deed (WAD) with Roads and Maritime Services for the full scope of agreed road works at the intersection of The Northern Road at Bradley Street.

c) Prior to issue of a Subdivision Certificate for the 1150th lot:

§ The full scope of agreed road works on The Northern Road and interim works on Bradley Street (dual approach and single departure lanes) must be under construction. For the works to be considered under construction, traffic control must be in place and excavation works must have commenced.

§ A road safety audit (undertaken by a Certified practitioner) and traffic impact assessment must be undertaken if the developer seeks to obtain Subdivision Certificates for lots above the 1150 threshold whilst the full scope of works is not yet complete. Subdivision Certificates may be released above the 1150 threshold if both Council and Roads and Maritime Services determine that this would not adversely compromise road safety and traffic efficiency.

§ The scope of agreed works must be completed within 9 months from commencement of works, otherwise the release of Subdivision Certificates will cease.

d) Upon finalisation of the compulsory land acquisition on the northern boundary of Bradley Street:

§ The ultimate agreed works on Bradley Street shall be constructed.

The proposed amendments to the Council VPA will allow for the continued rollout of Subdivision Certificates whilst addressing road safety and traffic efficiency. The RMS has indicated that, should the developer fail to comply with the proposed new amendments, RMS reserves its right to have the road work completed by calling upon the unconditional bank guarantee issued by the developer as part of the Major Works Authorisation Deed.

The exact wording of the draft amendment to the Council VPA will be prepared following Council’s resolution to undertake the amendment and will be based on the above scope of proposed changes. It is also noted that other minor changes to the Council VPA of an administrative nature may also be required.

The five landowners which are subject to the Council VPA have provided their written support to Council for the above scope of proposed changes. The Department of Planning and Environment (DP&E) has also provided its support for the above scope of proposed changes. It is understood that DP&E will apply a similar approach in its amendment to the State VPA to ensure consistency.

Notification and Making of Draft Amended VPA

As part of the amendment process, the draft amended Council VPA is required under Section 93G of the Environmental Planning and Assessment Act 1979 to be placed on public notification for a period of at least 28 days.

Following the conclusion of the public notification period, Council’s General Manager, under delegated authority, would finalise and sign the amended Council VPA with the other VPA parties. This process would include the affixing of Council’s Common Seal.

Conclusion

The amendment to the Council VPA for the GP2 estate will allow development and lot release within GP2 to continue for the medium term, until the required works are undertaken. It is recommended that Council endorse the proposed amendment for notification of the Council VPA for GP2. Following the notification, Council’s General Manager, under delegated authority, would finalise and sign the amended Council VPA with the other VPA parties. This process would include the affixing of Council’s Common Seal.

RECOMMENDATION

That:

1. The information contained in the report on Glenmore Park Stage 2 – Amendment to the Second Council Planning Agreement be received.

2. Council endorse the proposed amendments to the Second Council Planning Agreement (commonly referred to as the Council VPA) as outlined in this report and that a draft amended Council VPA be prepared in accordance with these proposed changes and the requirements of the Environmental Planning & Assessment Act and Regulations.

3. The draft amended Council VPA be placed on public notification for a period of 28 days.

4. Council authorise the General Manager to finalise and sign the amended Council VPA with the other VPA parties following the conclusion of the public notification period.

5. The Common Seal of the Council of the City of Penrith be affixed to the amended Council VPA developed in accordance with resolutions 2, 3 and 4 above.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo Applicant: Maryland Development Company Pty Ltd; Owner: St Marys Land Ltd

Compiled by: Jane Hetherington, Graduate Environmental Planner

Authorised by: Paul Lemm, Development Services Manager

Requested By: Councillor Michelle Tormey

Outcome	We plan for our future growth
Strategy	Protect the City's natural areas, heritage and character
Service Activity	Facilitate quality development that contributes to a growing regional City

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

Executive Summary

Council is in receipt of a development application for the subdivision of Lot 1037 DP 1149525 into five (5) allotments. The allotments are proposed to enable dedication of land for the regional park, creation of the Central Precinct development and other residue allotments. The land is zoned ‘Regional Park’, ‘Road and Road Widening’, ‘Drainage’, ‘Regional Open Space’, ‘Urban’, ‘Employment’ and ‘Deferred Land’ under the provisions of the Sydney Regional Environmental Planning Policy No. 30 – St Marys (SREP 30). Subdivision is permitted with consent pursuant to Clause 45 of SREP 30.

This application has been referred externally to NSW Rural Fire Service (RFS) who did not raise any objections to the proposal and issued their concurrence. National Parks and Wildlife Services (NPWS) were also consulted in accordance with Clause 44 of SREP 30 who raised no objection to the proposal.

The application was advertised, exhibited and notified from 24 November to 8 December 2014. Council received one (1) submission. The key issues raised in the submission are addressed below in this report. The submitters have been informed that the proposal would be presented to Council for consideration and invited to attend the Council meeting.

The application has been assessed with respect to the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. Having regard to the relevant statutory provisions and notwithstanding the submission received, the application is considered satisfactory and is recommended for approval, subject to the imposition of recommended conditions.

Background

The St Marys Release Area forms part of the former St Marys ADI (Australian Defence Industries) site, with the balance of the site contained in the Blacktown LGA. The site was previously used as a munitions factory by the Commonwealth Government. The majority of the site munitions manufacturing operations ceased by 1994.

The St Marys ADI site was endorsed by the NSW Government for inclusion on the Urban Development Program (UDP) in 1993. On 19 January 2001, Sydney Regional Environmental Plan No.30 – St Marys (SREP 30) was gazetted. SREP 30 rezoned 1,535 hectares of land on the site to permit a range of urban uses and a large area of regional parkland. The overall site comprises 6 development precincts including the Western Precinct, Central Precinct and South Dunheved Precinct in the Penrith LGA and Eastern Precinct, Ropes Creek Precinct and North Dunheved Precinct in the Blacktown LGA.

SREP 30 rezoned approximately 900 hectares of the St Marys release area for Regional Park. Approximately 571 hectares of this is located within the Penrith LGA and the remaining 329 hectares is located within the Blacktown LGA. Under the St Marys Development Agreement (2002) a staged transfer of the Regional Park to the Minister for the Environment is required. This application seeks to dedicate 448.3 hectares with further dedication to occur as outlined further in this report.

Site and Surrounds

The subject site is located within the former Australian Defence Industries (ADI) site at St Marys (the St Marys site). The ADI site has a total site area of approximately 1,545 hectares and is located approximately 45km west of the Sydney CBD, 5km north-east of the Penrith City Centre and 15km west of Blacktown City Centre.

The subject site (Lot 1037 in DP 1149525) is 749.675 hectares in area and irregular in shape. It is located to the south of Ninth Avenue, Llandilo, to the east of The Northern Road and the suburb of Jordan Springs, and to the north of Werrington Downs and Werrington County. To the east of the site lies South Creek, the Regional Park zoned land within Blacktown City Council and further east, the suburb of Ropes Crossing.

The site is largely undeveloped but contains a number of European Heritage sites (including Elizabeth Farm), existing roadways and warehouse buildings. The warehouse buildings and internal roadways have been approved to be demolished under DA14/0411. The site is heavily vegetated with woodland vegetation mapped as Shale Plains Woodland and Alluvial Woodland.

A Locality Plan is outlined in Attachment 1.

Proposed Development

The proposal seeks approval for the subdivision of Lot 1037 DP 1149525 to create 5 lots comprising:

Existing Lot	Proposed Subdivision Lot	Size (Ha)
Lot 1 DP 1149525	Lot 1	289.8
	Lot 2	158.5
	Lot 3 (Residue)	293.0
	Lot 4 (Residue)	6.808
	Lot 5 (Residue)	1.610

Proposed Lots 1 and 2 facilitate the dedication of Regional Park to National Parks and Wildlife Services (NPWS) ahead of the completion of works at the Central Precinct and Jordan Springs. The two lots are separated by an access road between Central Precinct and Jordan Springs, which is retained within proposed Lot 3.

Proposed Lot 3 facilitates the future development of the Central Precinct. It comprises of all the proposed development lands of the Central Precinct, the future eastern Regional Open Space, all undeveloped lands zoned drainage, the east-west link road between Jordan Springs and the Central Precinct, a 10m wide buffer (temporary) corridor along the site’s southern boundary and some lands zoned Regional Park for additional future dedication to NPWS at the completion of urban development works.

Proposed Lots 4 and 5 are residue lots to facilitate investigation into the feasibility of potential alternative drainage options to the large drainage basins located in middle of Regional Park. However, it is acknowledged that if the benefits are confirmed, the necessary approvals would need to be granted and a formal amendment of the REP pursued.

The proposal is for a paper subdivision with no physical works proposed. The proposed plan of subdivision is in Attachment 3 and represents the initial dedication of land as Regional Park with further land to be dedicated.

Environmental Planning Assessment Act (EP&A Act) 1979

Section 91 of the EP&A Act 1979 outlines the types of developments deemed to be defined as “Integrated Development”. As this development requires concurrence from the NSW Rural Fire Service in accordance with this section of the Act, the following comments are provided:

(a) NSW Rural Fire Services (RFS)

According to Section 91 of the EP&A Act, the proposed subdivision is an integrated development as it requires authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire safety for the subdivision of land that could lawfully be used for residential or rural residential purposes, or development of land for special fire protection purposes.

RFS issued a Bush Fire Safety Authority on 6 January 2015 raising no objection to the proposal without any specified conditions.

Planning Assessment

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

Sydney Regional Environmental Plan No. 30 – St Marys (SREP 30)

The site is part zoned ‘Regional Park’, ‘Road and Road Widening’, ‘Drainage’, ‘Regional Open Space’, ‘Urban’ and ‘Employment’ under SREP 30. The site also includes the area zoned ‘Deferred Matter’ under SREP 30. Subdivision is permissible under Clause 45 of the Plan.

The aims of SREP 30 are to:

(a) Support the St Marys Environmental Planning Strategy, 2000 of the Department of Urban Affairs and Planning by providing a framework for the sustainable development and management of the land to which this plan applies, and

(b) Rezone certain land for urban and employment-generating development, and

(c) Rezone land for conservation purposes and conserve the significant heritage values of the land to which this plan applies, and

(d) Ensure that urban development on the land achieves desirable environmental, social and economic outcomes, and

(e) Provide opportunities for recreation facilities that meet the needs of the regional and local community, and

(f) Ensure that development of the land to which this plan applies is integrated with established surrounding areas.

The proposed subdivision facilitates the dedication of Lots 1 and 2 concurrently to the NSW Office of Environment and Heritage - National Parks and Wildlife Services (NPWS) ahead of the completion of works at the Central Precinct and Jordan Springs. As such, the proposal is in accordance with the aims of SREP 30 shown above on that the park will be accessible to the local community.

Clause 20 requires that the consent authority must be satisfied that proposed developments are consistent with the applicable zone objectives and performance objectives (relating to conservation, cultural heritage, water and soils, transport, urban form, energy and waste, human services, employment and remnant contamination risk). The consent authority must also consider the development control strategies contained in the EPS, the applicable Precinct Plan and any Development Agreements. The proposed subdivision facilitates future development consistent with these objectives and strategies.

In accordance with Clause 44(2) of the SREP, this application was referred to the NSW OEH - NPWS who raised no objection to the proposal.

St Marys Environmental Planning Strategy 2000 (2006 Update)

The St Mary Environmental Planning Strategy (EPS) establishes guidelines and strategies for the future development of land covered under SREP 30. The issues and strategies covered under the St Marys EPS include conservation, cultural heritage, watercycle and soils, transport, urban form, energy and waste, human services, employment and contamination. Council must consider the St Marys EPS when assessing a development application.

The proposal is consistent with the relevant performance objectives in the St Marys EPS in that:

· There are no significant impacts predicted to occur to any threatened species of EEC within land zoned Regional Park or elsewhere within the Site as no physical works are proposed;

· There is no impact on any areas of potential archaeological deposit (PAD) or other culturally significant areas; and

· The subdivision will facilitate future development of the Central Precinct, roadways and drainage as part of future development applications, and for the future dedication of the Regional Park to OEH/NPWS.

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

The Western and Central Precinct Plans

The Western and Central Precinct Plans outline requirements for the development of these Precincts. They provide a vision and framework for the future development of the land and identify how development can occur in an environmentally sustainable manner.

The proposed subdivision is generally consistent with the subdivision and layouts approved under the Western and Central Precinct Plans including land indicated for regional parks and urban development.

Proposed Lot 3 contains all the area zoned for urban development. It also includes some area zoned as Regional Park, which is to be retained by Lend Lease in the short term. Land around the Central Precinct that is zoned Regional Park (and is being retained in the short term) forms part of the 900 hectare commitment set out in the REP and the St Marys Development Agreement. This land will be subject of future subdivision applications to Council and transferred to NPWS/OEH as soon as possible.

The proposed subdivision facilitates the eventual transfer of 448.3 hectares of land to NPWS/OEH. This subdivision comprises of land where Lend Lease is certain that all development related and non-development related works /issues have been addressed will be transferred to NPSW/OEH. Where further investigations or works are required (including resolution of encroachments, easements etc.) the land has been retained, for the short term, in the proposed residue lot (Lot 3). This has been agreed between Lend Lease and the NPWS and is viewed as an effective way of managing the development of the site along with the transfer of the vast majority of the Regional Park lands to NPWS. While Lot 3 contains portions of future Regional Park this land will be created and dedicated as Regional Park following approval and construction of the Central Precinct urban land in accordance with the REP and the St Marys Development Agreement.

Residue Lot 3 also comprises a 10m wide buffer corridor (as shown in Attachment 4) along the southern boundary of the St Marys site. The purpose of the 10m corridor is to provide a buffer between the Regional Park and residential properties in Werrington Downs, which in some instances have ancillary residential works (sheds, fencing etc.) which have encroached into the site. The establishment of a 10m wide buffer corridor allows for Lend Lease to resolve the encroachments with the individual landowners without delaying the dedication of the broader Regional Park to NPWS. The majority of this 10m wide buffer corridor is zoned Regional Park and forms part of the 900 hectare Regional Park commitment set out in the REP and the St Marys Development Agreement. Once individual encroachments have been resolved the land will be transferred to NPWS in accordance with this agreement. The only exception to this is the short strip of land that is zoned “Deferred land” (refer to 4). The “Deferred Land” is not zoned Regional Park and will be retained by Lend Lease until a solution for this land has been worked out between NPWS/OEH, Council and local residents.

The proposed subdivision also separates out proposed Residue Lots 4 and 5, which are identified as Regional Park within the Precinct plans. These have been identified as potential alternative drainage options to the large drainage basin located in the middle of the regional park. The applicant is looking to retain these areas in private ownership to facilitate future investigations into the feasibility of amending the current configuration of detention basins. The applicant has advised that if this option is not progressed; the land will be amalgamated with Lot 1 and form part of the Regional Park, as per the current zoning. Written advice from the Office of Environment and Heritage (OEH) (dated 27/1/15) accompanied the application confirming their support for the proposed subdivision. OEH also advised that should the alternative drainage locations be approved, this would enable the land currently zoned for drainage to be incorporated into the Regional Park. This would not only increase the net area of the reserved area but improve the configuration of the park boundaries.

Section 79C(1)(a)(iiia) – Any Planning Agreement

St Marys Development Agreement

In December 2002, a Deed of Agreement was entered into between the landowner and developer of the land (a Joint Venture comprising ComLand and Lend Lease Development) and the NSW Government setting out the developer’s and State Government’s responsibilities in providing services and infrastructure.

Clause 11 of the St Marys Development Agreement specifies that the landowner must prepare a plan of subdivision to create a separate lot or lots for the Regional Park and then deliver to the NPW Minister. In accordance with this Clause, the aim of the proposed subdivision is to facilitate the transfer of land to NPWS.

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

The proposed development is for subdivision only and does not involve any physical works. As such, the proposal is not considered to give rise any adverse social, economic or environmental impacts.

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

The site attributes are conducive to the development proposals. The proposals have been designed in a manner consistent with the character of the locality.

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

(i) External Referrals

The following authorities were consulted as per the relevant legislation as follows:-

· NSW Rural Fire Service – Rural Fire Act 1997

· National Parks and Wildlife Services – Sydney Regional Environmental Plan No. 30 – St Marys

Council has received a Bush Fire Safety Authority dated 6 January 2015 from the RFS and NPWS have raised no objections to the proposal.

(ii) Public Submissions

The application was advertised, placed on public exhibition and notified to the owners and occupiers of adjoining and nearby properties in accordance with Penrith Development Control Plan 2006.

The public exhibition period was from 24 November to 8 December 2014. One (1) submission was received in response to the proposal. The key issue raised in the submission was clarification of the intended works to be pursued. The submission questions why drainage works are proposed and seeks verification that no houses are to be built in the regional park.

The proposal is a paper subdivision with no physical works proposed. The regional park is to be dedicated as detailed above with a future drainage basin as zoned within the SREP instrument. As such, the development will not adversely impact on the amenity of the adjoining residents.

The location and size of the drainage basin in the south-west of the site is envisaged in the SREP30. The implementation of this drainage basin has yet to be undertaken. Its construction will be subject to a future development application.

(iii) Internal Referral

The table below summaries the results of internal referrals in relation to the proposal:

Referrals	Comments
Development Engineer	No objection, subject to conditions
Environmental Management	No objection
Planning and Sustainability	No comments received

Section 79C(1)(a)(iv) – The Regulations

There are no fire safety matters applicable to the development proposal under the Environmental Planning and Assessment Regulations 2000.

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

The application is in the public interest as it will help facilitate the delivery of regional parkland for public use and management by the NPWS.

Conclusion

The proposed subdivision is in accordance with the relevant provisions of the environmental planning instruments, Precinct Plans and DCP pertaining to the land. Subject to the recommended conditions, the proposal is unlikely to have a negative impact on the surrounding environment. The concerns raised by the submitter are acknowledged, however, on balance, the proposed development is considered to be satisfactory and the grounds of objection are not considered sufficient to justify refusal of the application.

The proposed development has been assessed against the relevant heads of consideration contained in Section 79C of the Environmental Planning and Assessment Act 1979 has been found to be satisfactory. The site is suitable for the new allotment configuration proposed for regional parkland and the proposal is in public interest. The proposal is therefore worthy of Council’s support.

RECOMMENDATION

That:

1. The information contained in the report on Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be received.

2. Development Application No. 14/1429 for Subdivision of One (1) Allotment into Five (5) Allotments for the Future Regional Park, Central Precinct and Residue Lots at Lot 1037 DP 1149525 Residue 1208-1274 The Northern Road Llandilo be approved subject to the following conditions:

Standard Conditions:

2.1 A001 Approved Plans

M008 Linen Plan

Q008 Subdivision Certificate

K101 Works at no cost to Council

K514 Subdivision Compliance Documentation

K Special The applicant is to grant drainage easements in favour of Penrith City Council over the existing and proposed drainage infrastructure that services Villages 3C1, 3C2 and 3C3. The granting of the drainage easements is on the basis that no claim for compensation will be made and that the applicant will meet all associated survey and legal costs.

K Special The applicant is to grant an easement over the proposed rising main serving Village 6 in accordance with the requirements of Sydney Water. The granting of the easement is on the basis that no claim for compensation will be made and that the applicant will meet all associated survey and legal costs.

ATTACHMENTS/APPENDICES

1.	Locality Map	1 Page	Attachments Included
2.	Precinct Plan	1 Page	Attachments Included
3.	Plan of Subdivision	2 Pages	Attachments Included
4.	Location of Buffer Corridors	1 Page	Attachments Included
5.	Written Advice from Office of Environment and Heritage supporting the application	1 Page	Attachments Included

Ordinary Meeting 23 February 2015

Tender Reference 14/15-18 Design & Construct Jamison Road Shared Path Bridge, Penrith

Compiled by: Mladen Mejakic, Project Officer - Capital Works

Ari Fernando, Major Projects & Design Co-ordinator

Authorised by: Michael Jackson, Design and Projects Manager

Outcome	We can get around the City
Strategy	Provide a safe, efficient road network supported by parking
Service Activity	Manage the delivery of Council's major infrastructure projects

Executive Summary

Council advertised a Tender (RFT 14/15- 18) for the design and construction of a shared path pedestrian and cycle bridge at Surveyors Creek on Jamison Road, Penrith including the construction of approach slabs leading up to the bridge.

Council currently receive $140,000 per annum funding via Special Rates Variation (SRV) as part of its “Penrith Accessible Trails Hierarchy Strategy” (PATHS) program for the construction of shared paths. In June 2012, the PATHS program was adopted by Council and the construction of the shared path bridge over Surveyors Creek at Jamison Park is a part of this program.

This report advises Council of the outcome of the Tender process and recommends that the Tender from Steelworks Engineering Pty Ltd be accepted as the preferred contractor to carry out the scope of works outlined in the RFT 14/15-18.

Background

The shared path bridge at Surveyors Creek is part of Council’s vision to create comprehensive cycleway networks across the City, where the PATHS program compliments both the “NSW Bike Plan – River Cities Program” and Council’s Footpath Paving Program.

As part of Council’s PATHS program, approximately 570m of asphaltic concrete shared path has been previously constructed at the western end of Jamison Road between Tench Reserve and Blaikie Road, Jamisontown. In order for this path to continue to Mulgoa Road, a shared path bridge accommodating both pedestrians and cyclists is required over Surveyors Creek, since the existing road bridge is too narrow to provide safe two-way crossing besides the vehicle lanes.

The Tender (RFT 14/15-18) was advertised as a Design and Construct Tender. Information was provided within the Tender specifying the desired design and construction considerations, related survey and location plans. Geotechnical testing was undertaken and this information was provided to the tenderers prior to the tender closing. In addition, Council will also undertake a Review of Environmental Effects (REF) and obtain any related permits or approvals if required once the concept design is produced by the engaged contractor. These commitments were taken by Council officers to reduce additional costs that would have otherwise been included in the Tender Price by contractors.

To ensure competent contractors were tendering for the proposed works, it was stated within the Tender that Council is seeking qualified and experienced bridge construction contractors that possess design capabilities.

Tenderers were given the option to provide alternate tenders for a structure that that met the performance requirements of the bridge.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Mladen Mejakic (Project Officer – Capital Works), Brendan McLister (Project Engineer), Laura Schuil (Supply Officer - Contracts) and was chaired Ari Fernando (Major Projects and Design Coordinator).

The following selection criteria was used for assessing the tenders received:

· Demonstrated Ability

· Works Method and Program

· Financials

· Employment Policies (Apprenticeships)

· Quality Assurance Systems

· Environmental Management Systems

· Work Health & Safety (WHS)

· Industrial Relations

· Commercial Requirements

· Conflict of Interest

Initial Tender Review

A full listing of the Tenders received and considered is detailed below in price order (ex GST).

Provider	Address	Tendered Price	Owners/Shareholders Directors
Fleetwood Urban Pty Ltd	17 Ormsby Place, Wetherill Park NSW 2161	$256,519	Phil, Ian & Roger Joyce
Steelworks Engineering Pty Ltd	7 Hereford Street, Greenacre NSW 2190	$287,486	David Cathers & Geoff Wright
TCQ Construction Pty Ltd	2d Brunker Road, Chullora NSW 2190	$332,635	Rodney & Brett Matterson
Starcon Group Pty Ltd	22 Bellfrog Street, Greenacre NSW 2190	$343,699	Ty Nguyen & Hanna Habib
TALIS Civil Pty Ltd	18 Hallmark Street, Pendle Hill NSW 2145	$349,179	Michael Fitzgerald, Jim Walsh & Jim Murphy
Antoun Civil Engineering (Aust) Pty Ltd	19-21 Cann Street, Guildford NSW 2161	$376,298	Robert Antoun

Following a detailed analysis of all completed responses each tender was evaluated against the above evaluation criteria to determine an initial ranking. Consideration was then given to the Tenderers’ price schedules to determine the best value for money solution with competency in technical aspects of the Tender.

The three lowest Tender prices received from Fleetwood Urban Pty Ltd, Steelworks Engineering Pty Ltd and TCQ Construction Pty Ltd were short-listed for further critical evaluation. The Evaluation Committee were of the opinion that there was no advantage to give further consideration to the three higher priced tenders.

All three companies short-listed demonstrated ability to construct similar scale bridges. While Steelworks Engineering Pty Ltd and TCQ Construction Pty Ltd demonstrated their work method and proposed methodology by providing a draft design from structural engineers, Fleetwood Urban Pty Ltd lacked information about structural elements (such as piling) and draft design plans were not proposed as part of the tender.

Fleetwood Urban Pty Ltd indicated a standard truss bridge without any details of piling, pile casing, pile depth and headstocks elements, which are critical and expensive elements of bridge construction. Council officers sought further clarifications regarding the sub-structure of the proposed bridge however, the information provided was not sufficient to give confidence that the Fleetwood Urban Pty Ltd tender included all of the required scope as part of the tender price.

Comparison of Girder Bridge Option

Council Engineers preferred a girder bridge against a truss bridge due to potential flood inundation of the proposed bridge. The 1 in 100 year flood level at this location has the potential to be higher than the height of the hand rail of the bridge. Structural elements of truss bridge are likely to hold debris against the bridge and this is likely to cause damage to the bridge in the event of a flood. The preferred girder bridge option was compared as below for tendered prices of both Fleetwood Urban Pty Ltd (alternate tender) and Steelworks Engineering Pty Ltd.

Company

Submitted Tender

Price Ex GST

Design Detail

Fleetwood Urban Pty Ltd

Alternative Tender Price for Girder Bridge

$307,050

Off-the-self product indicated.

No structural details of the bridge or foundation provided

Steelworks Engineering Pty Ltd

Submitted Tender Price for Girder Bridge

$287,486

Conceptual structural details provided

Evaluation of Preferred Tenderer

The preferred Tenderer, Steelworks Engineering Pty Ltd was differentiated for their value for money solution based on the Tender price, evaluation criteria, particularly regarding the demonstrated comprehensiveness of Quality Assurance, Environmental Management systems, construction program, technical competency, design capabilities and availability.

A critical technical aspect of the project pertained to the type, depth and method of piling of pier foundation support. Steelworks Engineering Pty Ltd prepared a preliminary concept bridge design and associated methodology that fully satisfied and was in accordance with the recommendations of the geotechnical engineering report prepared by JK Geotechnics in comparison to the other two shortlisted Tenderers’.

Steelworks Engineering Pty Ltd allowed for full depth concrete piers to be socketed into high strength shale bedrock layer and casing of piers in the upper collapsing silty sand layer. Recognising this critical aspect of the works shows their competency towards design and construction. This type of information was not provided by Fleetwood Urban Pty Ltd.

Steelworks Engineering Pty Ltd offered a project programme of 17 weeks subject to weather with the ability to commence construction from late April 2015. They have completed a similar, slightly larger, project for Pittwater Council over Deep Creek, Elanora Heights in addition to a number of boardwalk, drainage and bridge projects within NSW and other States of Australia. The company has well-documented management documentation for quality assurance, environmental management, waste minimisation and WHS.

The recommended company, Steelworks Engineering Pty Ltd is selected based on their compliance with Tender evaluation criteria, their demonstrated ability to meet Council’s requirements and competitive price for the services offered.

Financial Services Manager’s Comment

Included in the assessment of tender was the commissioning of independent reference checks, financial analysis, and performance analysis on Steelworks Engineering Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Steelworks Engineering Pty Ltd to perform the works described.

Funding is available in the 2014-15 Operational Plan and provided from the current year allocation for the Shared Pathways Program funded by the Special Rate Variation (SRV), and a proportion of the 2015-16 allocation from the same program brought forward. The tendered price of $287,486 from Steelworks Engineering Pty Ltd is able to be accommodated by this budget allocation.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the tender for the design and construction of a shared path bridge on Jamison Road, Penrith.

The TAG made a number of enquiries with the Tender Evaluation Committee regarding certain aspects of the tender process and the responses are now included within the final report.

The TAG supports the recommendations contained within the Report.

Conclusion

The Tender Evaluation Committee is of the opinion Steelworks Engineering Pty Ltd has provided the most advantageous Tender and it is recommended that the Company be awarded the contract for a contract sum of $287,486 excluding GST.

RECOMMENDATION

That:

1. The information contained in the report on Tender Reference 14/15-18 Design & Construct Jamison Road Shared Path Bridge, Penrith be received.

2. Steelworks Engineering Pty Ltd be awarded the contract for the Design & Construction of Jamison Road Shared Path Bridge works for the amount of $287,486 excluding GST.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Western Sydney Infrastructure Plan - Local Roads Package

Compiled by: Michael Jackson, Design and Projects Manager

Authorised by: David Burns, Executive Manager - City Assets

Outcome	We can get around the City
Strategy	Improve critical cross regional transport connections
Service Activity	Advocate and provide advice on all modes of transport services, parking and facilities

Executive Summary

In November 2014 the Australian Government, via the Department of Infrastructure and Regional Development, announced that funding of $1.1million has been allocated to Council as part of the first round of the $200million Local Roads Package, within the Western Sydney Infrastructure Plan (WSIP).

The funds are to undertake scoping works to inform a round two submission which is to be submitted to Roads and Maritime (RMS) in May 2015. The nine intersections listed are on RMS roads and it is proposed to request 100% funding for the resulting recommended improvements to RMS infrastructure.

The report recommends Council accept the $1.1million in scoping funds and to endorse the proposed WSIP round two submission in May 2015 which will be seeking 100% of required funds for the detailed design and construction of the recommended improvement works to the nine intersections listed.

Background

In April 2014, the Federal and State Governments released the Western Sydney Infrastructure Plan (WSIP). Both governments agreed to a partnership to deliver a $200 million Local Roads Package which would be shared between seven local government areas in Western Sydney over ten years.

On the 29 August 2014, Council made a funding submission to the Roads and Maritime Services (RMS) seeking $1.1 million in funding to undertake scoping studies for nine key arterial intersections along The Northern Road and Erskine Park Road. This matter was discussed at the Council Briefings of 18 August and 15 September 2014.

Council has received a letter (7 November 2014) from The Hon. Jamie Briggs MP - Assistant Minister for Infrastructure and Regional Development, Federal Member for Mayo, notifying approval of our funding submission. The detail on the administration of this project has been under discussion with RMS officers to clarify the administrative framework which is being applied.

The project scoping studies include the following 9 locations:

1. The Northern Road/Maxwell/ Bringelly intersection

2. Frogmore/Tukara/The Northern Road intersection

3. Parker Street/Jamison Road intersection

4. Parker Street/Derby Street intersection

5. Great Western Highway/Parker Street intersection

6. Erskine Park Road/ Explorers Way intersection

7. Erskine Park Road/Coonawarra Drive intersection

8. Erskine Park Road/ Peppertree Drive intersection

9. Erskine Park Road/ Bennett Road intersection

Due to the restricted program duration, preliminary investigations have been commenced pending this formal report to Council. The scale of the recommended works to the nine intersections is to be defined using this first round funding, but it is anticipated that if substantive works are scoped to all nine intersections the costs are likely to exceed the remaining funding from the current WSIP Local Roads Package.

RMS have advised that they support the submission of these nine intersection projects for the second round and that the concepts and related documentation being produced will form part of future project applications if any of the nine intersection proposals are not successful in securing implementation funding through this second round application.

RECOMMENDATION

That:

1. The information contained in the report on Western Sydney Infrastructure Plan - Local Roads Package be received.

2. Council accept the $1.1million Western Sydney Infrastructure Plan - Local Roads Package funding

3. A letter of thanks be written to The Hon. Jamie Briggs MP - Assistant Minister for Infrastructure and Regional Development, Federal Member for Mayo, thanking him for the Western Sydney Infrastructure Plan - Local Roads Package funding.

4. Council endorse the submission of a round two Western Sydney Infrastructure Plan - Local Roads Package 100% funding request for the detailed design and construction of the recommended and scoped works on the nine (9) intersections listed.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Proposal for the establishment of an Alcohol Prohibited Area at Memory Park, High Street, Penrith

Compiled by: Allison Kyriakakis, Community Safety Coordinator

Authorised by: Yvonne Perkins, Public Domain Amenity and Safety Manager

Requested By: Councillor Ross Fowler OAM

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Maintain a Community Safety Plan for the City

Executive Summary

In August 2014, a request was made by Mayor of Penrith Councillor Ross Fowler OAM for Council to investigate the suitability of an Alcohol Prohibited Area at Memory Park, located at the corner of High Street and Woodriff Street, Penrith.

The request was prompted by concerns raised by the community regarding alcohol-related antisocial behaviour in Memory Park, Penrith.

Investigations have now been conducted by Council’s Community Safety staff in response to this request. Consultation with identified stakeholders has been carried out regarding the proposal to establish an Alcohol Prohibited Area at Memory Park, Penrith, 24 hours a day, 7 days a week. Consultation has been conducted in accordance with NSW Ministerial Guidelines and Penrith City Council’s Alcohol Free Public Spaces Policy. No objections were received in response to the proposal.

This report outlines the outcomes of the consultation process and recommends that: the information contained in the report on the Proposal for the establishment of an Alcohol Prohibited Area at Memory Park, High Street, Penrith be received; an Alcohol Prohibited Area be established in the public open space area of Memory Park, bound by High Street, Woodriff Street and Union Lane, Penrith; and that the Penrith RSL Sub-Branch is consulted regarding the location of the Alcohol Prohibited Area signage prior to installation.

Background

Legislation

Alcohol Prohibited Areas can be established and are enforced under Section 632A of the Local Government Act 1993 – Confiscation of Alcohol in certain public and other places. Alcohol Prohibited Areas can be established on public spaces that are not a road, car park or footpath (i.e. parks and reserves).

Alcohol Free Zones can be established under Section 644 of the Local Government Act, and can only be established on public roads, car parks and footpaths.

The sections of High Street and Woodriff Street adjoining Memory Park are already established as Alcohol Free Zones, however this zoning only applies to the sections of road and footpath. To prohibit the consumption of alcohol within Memory Park itself it must be established as an Alcohol Prohibited Area.

Both Alcohol Free Zones and Alcohol Prohibited Areas are enforceable by NSW Police. A police officer may seize any alcohol (and the receptacle in which it is contained) that is in the immediate possession of a person in an Alcohol Prohibited Area if the officer has reasonable cause to believe that the person is drinking, or is about to drink, or has recently been drinking alcohol in the Alcohol Prohibited Area.

Alcohol Prohibited Areas can be in place at identified times, for specific days or events or can be 24 hours/7 days a week.

Procedures for establishing Alcohol Prohibited Areas

Under current legislation, Alcohol Prohibited Areas are to be established in accordance with the same guidelines as those for Alcohol Free Zones, which are set out in Section 646 of the Local Government Act 1993.

These guidelines are also reflected in Council’s Alcohol Free Public Spaces Policy which outlines the procedures to be followed to establish an Alcohol Free Zone and/or Alcohol Prohibited Area in the Penrith Local Government Area.

The procedures for establishing Alcohol Prohibited Areas are as follows:

1. Advertising of the proposed locations and requesting community comment;

2. Advising holders of liquor licences adjacent to intended Alcohol Prohibited Areas;

3. Advising and obtaining approval of the Local Police Commander;

4. Consultation with community groups;

5. Advising the Anti-Discrimination Board of the intention to establish the Alcohol Prohibited Area;

6. Consideration of any representations made in respect of the establishment of the zones/areas.

In accordance with NSW ministerial guidelines a 30-day period must be allowed for responses to a proposal for an Alcohol Prohibited Area.

Investigations for the establishment of an Alcohol Prohibited Area at Memory Park, Penrith

Investigations for the suitability of an Alcohol Prohibited Area at Memory Park, located on the corner of Woodriff Street and High Street, Penrith, were commenced in August 2014 following a request from the Mayor of Penrith, Councillor Ross Fowler OAM.

The investigations were also prompted by concerns from Penrith Local Area Command and members of the local community regarding incidents of alcohol-related antisocial behaviour in Memory Park impacting on community perceptions of safety.

Investigations were conducted in accordance with the abovementioned procedures and to ensure consultation with other relevant stakeholders identified. This included:

- Consultation with Penrith Local Area Command of NSW Police, seeking approval for the establishment of an Alcohol Prohibited Area at Memory Park, Penrith;

- A Public Notice advertised in the Western Weekender on 21 November 2014 inviting community comment on the proposal;

- Letters to businesses/property owners located adjacent to Memory Park, Penrith to notify of the proposal and to provide opportunities for comment;

- Notification to the NSW Anti-Discrimination Board;

- Letters to local Community Service organisations, including local Homelessness Services, seeking comment on the proposal;

- Consultation with the Penrith RSL Sub-Branch given the significance of Memory Park as a local War Memorial;

- Consultation with the Penrith CBD Corporation.

No objections were received as a result of the above consultation process.

Penrith Local Area Command provided their approval for the proposal. Police advised that whilst adjoining sections of High Street, Penrith and Woodriff Street, Penrith are already Alcohol Free Zones, Police Officers are limited in their powers to respond to alcohol-consumption in Memory Park which is currently exempt from Alcohol Free signage. The establishment of an Alcohol Prohibited Area in Memory Park would therefore assist Police with enforcement efforts and enhance their ability to maintain a consistent approach to managing alcohol-related incidents at this location.

Advice was also received from the NSW Anti-Discrimination Board advising that provided all consultation efforts have been conducted in accordance with the abovementioned guidelines, the Board has no objection to the proposal to establish the proposed Alcohol Prohibited Area.

Careful consideration has been given to the impact of Alcohol Prohibited Area signage at Memory Park due to its local significance as a War Memorial. The Penrith RSL Club Sub-Branch were consulted and provided an opportunity to comment on the proposal. The Sub-Branch offered their full support for the proposal and has requested further consultation regarding the placement of signage within Memory Park.

The Penrith CBD Corporation also provided written support for the proposal. The CBD Corporation has stated that the proposed signage would promote safety for the many local business employees, local consumers/shoppers enjoying the park.

No other comments or objections were received in relation to this proposal.

Signage

Pending Council’s support for the establishment of an Alcohol Prohibited Area at Memory Park, Penrith, relevant Alcohol Prohibited signage will be installed at suitable locations in the Park.

Signage must be worded in accordance with ministerial guidelines, however efforts will be made to ensure any signage placed in Memory Park is sensitive to the park’s local significance as a place of commemoration, and that signage does not detract from the aesthetics of the park, particularly given upgrades to the space in recent years.

The Penrith RSL Sub-Branch will also be consulted prior to signage installation.

RECOMMENDATION

That:

1. The information contained in the report on Proposal for the establishment of an Alcohol Prohibited Area at Memory Park, High Street, Penrith be received.

2. An Alcohol Prohibited Area be established in the public open space area of Memory Park, bound by High Street, Woodriff Street and Union Lane, Penrith.

3. The Penrith RSL Sub-Branch be consulted regarding the location of the Alcohol Prohibited Area signage prior to installation.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Tender Reference 14/15-17 Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility

Compiled by: Ju Li, Project Co-ordinator

Ari Fernando, Major Projects & Design Co-ordinator

Kumar Kumareswaran, Senior Civil Design Engineer

Authorised by: Michael Jackson, Design and Projects Manager

Outcome	We have safe, vibrant places
Strategy	Improve our public spaces and places
Service Activity	Manage and maintain the City's sports grounds, parks and open space

Executive Summary

The tender (RFT 14/15-17) for Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility was advertised in the Western Weekender on 9 January 2015 and Sydney Morning Herald on 13 January 2015. The tender closed on 4 February 2015.

The report advises Council of the outcome of the tender process and recommends that the tender from Barnson Pty Ltd be accepted for the full scope of works outlined in the RFT 14/15-17 for Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility.

Background

An application was lodged in late 2014 under the National Stronger Regions Fund for $9.5mil being for the implementation of the South Creek Recreation Precinct. The Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility are part of South Creek Recreation Precinct Project. The planned sporting hub will deliver an All Weather Athletics Facility and expand the Kingsway sporting complex to include 20 sporting fields (5 new), enhanced spectator facilities and amenities, and contemporised field lighting to ensure that the whole complex is competition ready. The proposed works will make a significant contribution towards meeting the future sporting, recreational and leisure needs of the Penrith Local Government Area as well as embellishing existing facilities to a level and standard that will support increased use.

The design documentation produced will be capable of being tendered as two separate projects, being the Kingsway and the Blair Oval components. Implementation funds are currently available to allow the construction of the Kingsway component and the intent is to have the Blair Oval component at ‘shovel ready’ design status, pending the National Stronger Regions Fund announcement, or to be prepared for other funding opportunities.

All Weather Athletics Facility (Blair Oval)

Recreational planning for the City has identified the need for an All Weather Athletics facility which has been confirmed by Athletics NSW, NSW Little Athletics and representatives of the local athletics clubs.

The proposed facility meets International Association of Athletics (IAAF) standards and will assist with developing valuable and sustainable events, competitions and programs that will grow and retain participants in the sport in the local area, wider district, region and state.

In addition to the benefits afforded to athletics, the provision of an All Weather athletics track within the City, particularly as part of a multi-sport precinct, will offer significant benefit to the local community. The complex will be available to all sporting bodies in order for them to conduct relevant training for their sport, as well as offer a valuable community resource for walking and other health and fitness opportunities.

The development will also benefit the adjacent BMX facility offering the opportunity for shared use of amenity/clubhouse and additional formalised car parking when hosting/or seeking to host larger events.

Kingsway Sporting Complex

The existing Kingsway Sporting Complex is currently extensively used by Rugby League, Oz Tag, Soccer, Touch Football, Cricket and schools and it attracts State, regional and local competitions. This proposal will expand the sporting complex to 20 sporting fields (of which five will be new), enhance spectator facilities and amenities, and contemporise field lighting to ensure that the whole complex is competition ready.

The site of the proposed development is currently undeveloped and creation of the new sportsgrounds will transform the area creating a more effective use of space and increasing the capacity of the venue.

Tender Evaluation Process

The Tender Evaluation Committee consisted of Ari Fernando (Major Projects and Design Coordinator), Kumar Kumareswaran (Senior Civil Design Engineer), Ju Li (Project Coordinator) and Michael Doggett (Supply Coordinator) / Laura Schuil (Supply Officer- Contracts) and was chaired by Michael Jackson (Design & Projects Manager). The evaluation criteria advertised and used in assessing the tenders received included the following:

· Business References

· Demonstrated Ability

· Works Method and Program

· Financials

· Employment Policies (Apprenticeships)

· Quality Assurance Systems

· Environmental Management Systems

· Work Health & Safety

Initial Tender Review

Fourteen tenders were received and the full listing of the tenders is detailed below in price order (ex GST).

Company	Tendered Price	Company Location	Directors
Barnson Pty Ltd	$381,000	Unit 1, 36 Darling St , Dubbo NSW 2830	Richard J Noonan
Robert Bird Group	$419,700	Level 11, 151 Castlereagh St, Sydney NSW 2000	Laurence Melville
Gallagher Jeffs Pty Ltd	$480,263	Suite 1, Level 1, 266 Leichhard St Spring Hill QLD 2000	Terrence Mahady
Cardno ACT2	$522,975	Level 2, 14 Wormald St Symonston ACT 2609	Graham Yerbury
Barker Ryan Stewart Pty Ltd	$528,660	Suite 603, Level 6 12 Century Circuit Baulkham Hills NSW 2153	Garry Ryan
Area 3 Consulting Pty Ltd	$552,570	Level 1, 22 Punch Lane Melbourne Victoria 3000	Darren Hawkins
Scott Carver Pty Ltd	$576,500	Level 8, 71 Macquarie St Sydney NSW 2000	Rodney Paesler
Tompkins MDA Architects	$585,600	12/49 York St Sydney NSW 2000	Michael Davies
J Wyndham Prince	$618,685	Level 1, 77 Union Road Penrith NSW 2750	Greg Moran
Coffey Projects Australia Pty Ltd	$635,470	Level 19, Tower B, Citadel Towers, 799 Pacific Highway Chatswood NSW 2067	Charles Stewart
GHD Pty Ltd	$659,260	20 Smith St Parramatta NSW	David Beacroft
Donald Cant Watts Corke (NSW) Pty Ltd	$664,387	Level 1, 14 Martin Place Sydney NSW 2000	Paul Tomsic
HBO+EMTP Pty Ltd	$670,945	Level 3, 75 Elizabeth St Sydney NSW 2077	Kevin Michael Fitzgerald
APP Corporation Pty Ltd	$899,570	Level 2, 426 King St Newcastle NSW 2300	Ian M Maxted; Kathryn M Munnings; Adam Castro and Anita Hoskins.

Evaluation of the Preferred Tender

The initial assessment showed that not all tenders were complying. Tenders submitted by Robert Bird Group and Gallagher Jeffs Pty Ltd which are second and third in the price list were incomplete therefore they were not considered further.

The Committee were of the opinion that there was no advantage to give further consideration to the tenders submitted by Coffey Projects Australia Pty Ltd, GHD Pty Ltd, Donald Cant Watts Corke Pty Ltd, HBO+EMTP Pty Ltd and APP Corporation Pty Ltd due to the tender prices that they submitted.

While there were a number of qualified and experienced tenderers that submitted complying tenders, following a further assessment, the tender from Barnson Pty Ltd was considered by the Tender Evaluation Committee to be providing the highest value for money and be the most advantageous to Council compared to the remaining tenders on the ranking list in terms of effectiveness and prices.

The recommended Company, Barnson Pty Ltd, was selected based on their;-

1) Compliance with the tender evaluation criteria,

2) Demonstrated ability to meet Council’s requirements; and

3) Competitive price for the services offered.

Barnson is a Dubbo based multi-disciplinary consulting firm offering professional services in the fields of building design, project management, surveying, civil, structural, geotechnical, town planning and environmental engineering. Barnson also has offices in Bathurst, Mudgee and Parkes.

Barnson has demonstrated that they have appropriate design and project management experience in undertaking similar projects for local councils. They have successfully completed Barden Park Regional Athletics Centre, Dubbo. It was designed to the requirements of Athletics NSW and it incorporated an all weather synthetic track designed to International Association of Athletics Federation (IAAF) standards. Barnson is currently designing the upgrading of C.Ex. Coffs International Stadium, Coff Harbour (Project Value of $6.95million) this includes two tier (each with 1000 seats) under cover seating with change room facilities, public amenities, canteen and bar facilities, coaches and players boxes and function facilities to AFL National level in order to hold national events.

Financial Services Manager’s Comment

Included in the assessment of the tender was the commissioning of independent reference checks, financial analysis, and performance analysis on Barnson Pty Ltd. These checks were completed by Corporate Scorecard Pty Ltd and have been reviewed by Financial Services. Based on this review, no concerns were raised as to the ability of Barnson Pty Ltd to perform the works described.

As detailed above, Council has allocated funding from the District Open Space S94 Contributions to this project and the total tendered price by Barnson Pty Ltd of $381,000 (excluding GST) is within the available budget.

Tender Advisory Group (TAG) Comment

The Tender Advisory Group (TAG) consisting of the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil, met to consider the tender for the Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility. The TAG supports the process and the recommendations contained within the Report.

Conclusion

The Tender Evaluation Committee is of the opinion that Barnson Pty Ltd has provided the most advantageous tender and it is recommended that the Company be awarded the contract for a contract sum of $381,000 ex GST.

RECOMMENDATION

That:

1. The information contained in the report on Tender Reference 14/15-17 Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility be received.

2. Barnson Pty Ltd be awarded the contract for the Project Management & Design Consultancy for Kingsway Sporting Complex and Blair Oval All Weather Athletics Facility for an amount of $381,000 excluding GST.

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

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Services NSW - Training Facility

Compiled by: Terry Agar, City Centres Co-ordinator

Tracy Leahy, Acting Community and Cultural Development Manager

Authorised by: Jeni Pollard, Place Manager

Outcome	We have safe, vibrant places
Strategy	Grow and revitalise our centres and neighbourhoods
Service Activity	Support the revitalisation of Penrith City Centre, St Marys Town Centre and other key identified places in the City

Executive Summary

Service NSW will be opening a new training facility in Penrith in May 2015. The facility will be located behind the existing Service NSW centre on High Street, Penrith. The facility will employ three training support staff and provide training for up to 50 people per week, the majority of which will require overnight accommodation in Penrith. The facility will complement the diverse range of education and training facilities available in the City and bring significant social and economic benefits.

Background

Service NSW is a State agency that was set up in 2013 by the NSW Government to make it easier for NSW residents and businesses to transact with government. The intention is to provide a faster service and a single point of contact through one online digital service, a phone service and a number of service centres located across NSW.

Presently, Service NSW offers more than 800 transactions possibilities to the residents and businesses of NSW including driver licences, vehicle registrations, boat licences, birth certificates, marriage certificates, home building licences, housing payments, fine payments and Seniors’ Cards. More services are being added all the time.

The Penrith Service NSW centre was officially launched in July 2014 by the NSW Premier, the Hon. Mike Baird MP. The Penrith Service NSW centre is open for extended hours from 7:00am to 7:00pm Monday to Friday and 9:00am to 3:00pm on Saturday.

Service NSW Training Facility

Service NSW proposes to open a new training facility in May 2015 behind its existing service centre located at 333 High Street, Penrith. Services NSW is relocating their current training facility in Bankstown to Penrith, making it easier to reach for regional and rural participants.

A representative from Services NSW has been in touch with staff from the Place Management and Community and Cultural Development Departments to discuss the new facility.

The facility will train existing services NSW staff and newly recruited staff for the following areas:

· Customer service representatives

· Driver testers

· Customer service concierges and managers

· In-service refresher courses

· Induction

· Statutory compliance

It is envisaged that the facility will employ 3 training staff and have the capacity to train between 30 and 50 people per week. The participants will be drawn from all over NSW and will attend training in ‘’blocks’ that run for 5 days over a 4 week period. Potentially, up to 600 people per year will use the training facility and will be accommodated overnight in local hotel accommodation booked and paid for by Service NSW.

Benefits to the City

The Service NSW training facility will increase the range of education and training facilities available in the City and bring with it social and economic benefits. People will come to stay in Penrith for up to 4 weeks and will enjoy a range of social, entertainment and sporting activities whilst located here. These people will use local cafes and restaurants and generally spend time in the Penrith City Centre.

Aside from the additional 3 positions proposed in the training facility, staff from Service NSW have made contact with the Penrith Valley Chamber of Commerce and requested details for local catering companies and other service providers such as accommodation providers and cleaners.

Conclusion

The Service NSW training facility is a welcome addition to the Penrith City Centre and

complements the diversity of education and training facilities currently available in the City. A range of social and economic benefits are expected to flow from its establishment in the Penrith City Centre.

RECOMMENDATION

That the information contained in the report on Services NSW - Training Facility be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Smoke Free Workplace Policies

Compiled by: Monique Desmarchelier, Health Strategy Officer

Authorised by: Paul Lemm, Development Services Manager

Requested By: Councillor Marcus Cornish

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Contribute to the health and wellbeing of the City's community

Executive Summary

This report responds to a Councillor enquiry regarding Council’s smoking policies, their operation and review period. The two polices that will be outlined in the report are the “Smoke Free Outdoor Policy” and “Smoke Free Workplace”.

Background

The Smoke Free Outdoor Policy

The Smoke Free Outdoor Policy was developed in 2007 in response to residents’ concerns regarding smoking near children’s playground. The purpose of the policy was to provide an avenue for community education. Council’s playgrounds became smoke free in 2007 and Council’s sporting fields and pools became smoke free in 2009. Signage, stickers and/or stencils were placed at high use playgrounds and all pools and sports grounds. In addition the sporting groups had a clause added to their conditions of hire to promote smoke free at the various grounds. The clubs were responsible for loudspeaker announcements and advising spectators of the ban. Council’s Smoke Free Outdoor Policy became out dated with the amendment to the Smoke free Environment Act 2000.

In 2013 NSW Government amended legislation extending the smoking bans to a number of outdoor areas. This legislation now prohibits smoking in public transport stops and stations, outside public entrances to buildings, pools, sports grounds and playgrounds. The Ministry of Health are responsible for enforcing the legislation. The Nepean Blue Mountains Local Health District (NBMLHD) investigates possible breaches of the legislation. Council’s role is to provide information to the community and liaise with NBMLHD.

Smoke Free Workplace Policy

The Smoke Free Workplace Policy was first developed in 1999. The purpose is to meet Council’s duty of care to provide a safe and healthy work environment for all employees. This policy states that Council is committed to smoke free workplaces in the interest of ensuring health and safety of all employees, contractors, volunteers and members of the public. It is currently being updated following the amendment to the Smoke free Environment Act 2000. The policy outlines that smoking is prohibited:

· in all permanent and temporary buildings

· in all vehicles including plant

· within 4 metres of all public entrances to a Council building

· within a certain distance of fuel points and bulk road tankers.

The policy also outlines the location of the designated smoking areas for staff and the consequences for non-compliance. Council’s Work Health and Safety Coordinator is responsible assisting staff adapt to the policy.

Conclusion

This report has outlined two policies that are concerned with smoking on Council property. The first was the Smoke Free Outdoor Policy which has been superseded by the amendment to the Smoke Free Environment Act 2000. The second policy was the Smoke Free Workplace Policy. The NBMLHD is responsible for enforcing the Smoke Free Environment Act and Council’s Work Health and Safety Coordinator is responsible for the Smoke Free Workplace Policy. This policy is currently being reviewed to include the additions to the Smoke free outdoor bans.

RECOMMENDATION

That the information contained in the report on Smoke Free Workplace Policies be received.

ATTACHMENTS/APPENDICES

1.	Smoke Free Outdoor Policy	2 Pages	Attachments Included
2.	Poster - Changes to the law on smoke free outdoor areas.	1 Page	Attachments Included
3.	Non Smoking policy 2006	5 Pages	Attachments Included

Ordinary Meeting 23 February 2015

Allocation of Mulgoa Rise Sportsgrounds

Compiled by: Virginia Tuckerman, Recreation Co-ordinator

Authorised by: Andrew Robinson, Recreation Manager

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Provide and maintain sport and recreation facilities that meet community needs

Executive Summary

This report provides details of the Expression of Interest (EOI) process undertaken for use of the new sportsground facilities at Mulgoa Rise, Glenmore Park.

After a period of public advertisement 4 Expressions of Interest were received before the deadline of 16 December, and these have subsequently been evaluated. Submissions have been received from:

- Glenmore Park Football Club Inc

- Glenmore Park/Emu Plains Australian Rules Football Club (GPEPAFL)

- Penrith Junior Cricket Association (PJCA)

- Nepean District Cricket Association (NDCA)

All applications received were excellent in their content and demonstrated the significant contribution that clubs and associations are making to sporting fabric of the City. The results of the evaluation indicate that Glenmore Park Football Club best meet the assessment criteria as a winter sportsground user, while both cricket associations have demonstrated that they meet the criteria as summer ground hirers.

The report recommends that Glenmore Park Football Club, Penrith Junior Cricket Association and Nepean District Cricket Association be offered use of the new sportsgrounds at Mulgoa Rise, Glenmore Park and that a further report is provided to Council identifying the opportunities, resource requirement and funding options in relation to facility use and development for Glenmore Park/Emu Plains Lions Junior AFL.

Background

A report was presented to Council at its Policy Review Meeting on 11 August 2014 which outlined details of the planned new sportsground developments at Jordan Springs and Mulgoa Rise, Glenmore Park. It also outlined the process that Council Officers intended to undertake for allocation of these new sportsgrounds to user groups.

The report detailed that during the design and development process the new sportsground spaces at both locations have been maintained as generic and flexible in their design, with the capacity to cater for a wide range of sports, as no one sport or organisation had yet been identified as the end user group. It was identified that at Mulgoa Rise, indicatively, the space could accommodate: 3 x full size rectangular fields or 2 x oval size fields, floodlit to 100 lux, with a central amenities pavilion. In addition to the playing field space there will be car parking, pathway links and playgrounds.

In relation to the allocation of the new sportsgrounds, the report identified it was the intention to implement an EOI process to obtain applications for use from clubs and associations. The EOI process would require clubs and associations to respond to assessment criteria and, this criteria was outlined in the report. It was indicated that the criteria had been designed to realise the most equitable process through which the future allocation of new sportsgrounds will provide the outcome with the most value reflecting both sport and community needs.

Council resolved to receive the information contained in the report and endorsed the EOI process as detailed in the report for the allocation of new sports grounds.

Current Situation

i) Facility Provision

The sportsground facilities at Mulgoa Rise are being constructed in two stages as a result of different land ownership and subsequent planning agreements. The developer has been responsible for Stage 1 which provides:

· 2 x rectangular fields or 1 x oval field with 100 lux floodlights, a cricket wicket, car parking and two playgrounds.

The construction of these facilities has been completed and will be available for use as a training venue for the 2015 winter season.

Stage 2 is the responsibility of Council to construct and will provide, as a minimum:

· 1 x rectangular field and modified field or 1 x oval field with 100 lux lights, a central amenities building, a playground, connecting pathways and car parking.

Detailed designs and tender documentation are currently being finalised with the aim that the project will be completed for use to commence in the winter season of 2016.

ii) Expression of Interest Process

Council Officers have completed a communication process to gain interest in the new facilities, this included:

- Media Release issued 11 November 2014.

- Notice in local newspaper Western Weekender Council page from 14 -28 November

- Mayoral radio segment.

- Information on Council’s website.

- Correspondence to sporting clubs, associations and peak sports bodies.

- Correspondence to, and telephone conversations with stakeholders who have previously indicated their interest.

- Hosting an information presentation night.

The EOI process commenced on 11 November 2014 with the deadline for submissions being 16 December 2014. An EOI pack was developed to assist and streamline the EOI process and facilitate equity in assessing the Expression of Interest received. This EOI pack has been previously provided to Councillors.

Excellent and comprehensive EOI submissions, addressing all criteria, have been received from:

- Glenmore Park Football Club

- Glenmore Park/Emu Plains Lions Junior AFL

- Penrith Junior Cricket Association

- Nepean District Cricket Association

These submissions have been assessed by Council Officers, a summary of this assessment is included in the analysis matrix attached at Appendix A.

Conclusion

The Expressions of Interest evaluation process for use of Mulgoa Rise has taken into consideration the need to provide a range of sport and recreation needs for the community and has assessed current and anticipated demand, site constraints, levels of current provision, and the user group’s capacity to deliver quality community outcomes among a range of criteria.

Based on the assessment process, it is has been determined that all applications demonstrate considerable merit and that all clubs and associations seeking use of the facilities could provide significant sport and community benefits.

In terms of summer sports use applications 2 submissions were received, these were from the NDCA and PJCA. Both associations have a strong track record of providing cricket competitions and programs in the Local Government Area. Given the times that the fields have been requested by the Associations, the cricket facilities currently provided at the venue can be allocated to the Associations on a shared basis. At this stage this will involve sharing the one synthetic cricket pitch and amenities. Both Associations have noted that the provision of practice wickets and possibly another cricket pitch could be considered. At this stage this is not part of the project scope and design that has been completed and is a request that will be assessed based on future demonstrated demand.

In terms of winter sport use, the evaluation of applications from Glenmore Park Football Club and Glenmore Park/Emu Plains Australian Rules Football Club have demonstrated that both clubs have exceptional governance models, as well as large or growing membership numbers that can accommodate demand from the new population moving into Mulgoa Rise. Both clubs have also demonstrated a willingness to work with Penrith City Council over a period of time whether that is through contributing to projects, adherence to terms and conditions of sportsground hire, attendance at and participation in meetings and seminars, and the like.

Allocation of the sportsgrounds for winter use by Glenmore Park/Emu Plains Australian Rules Football Club will undoubtedly assist the sport to overcome challenges and limitations presented by the facilities that the club currently uses at Dukes Oval, Emu Plains. It would also offer the opportunity to the club to grow its membership base as well as AFL NSW/ACT to fulfil its facility strategy plans for the City. However, at this stage Council Officers are recommending that, although there is very little difference in the credibility of the applications and despite the strength of Glenmore Park/Emu Plains Australian Rules Football Club’s submission, the venue is allocated to Glenmore Park Football Club for winter season use. This recommendation has been made on the basis that Glenmore Park Football Club has better demonstrated that it will maximise the available capacity of the fields, particularly at the weekend when the club has identified that it will require full use of all the facilities at the venue. In addition, Glenmore Park Football Club have demonstrated, through its current membership details, that the new fields will be utilised by a large percentage of players from the suburb of Glenmore Park.

Should Council endorse this arrangement it is the intention that, in 2015, Glenmore Park Football Club remain at its existing facilities at Ched Towns Reserve and Blue Hills Oval and utilise the constructed fields at Mulgoa Rise for training purposes only. Glenmore Park Football Club would then transfer all of its operations to Mulgoa Rise in the 2016 winter season.

Relocation to Mulgoa Rise by Glenmore Park Football Club, would consequently leave 2 full size rectangular fields at Ched Towns Reserve and the facility at Blue Hills Oval available for other user groups from winter 2016. Allocation of these fields will be managed as part of the annual seasonal sportsground allocation process providing opportunities for other user groups to apply for their use.

The allocation of the sportsgrounds at Mulgoa Rise for use by NDCA, PJCA and Glenmore Park Football Club will not result in an exclusive use agreement for the clubs/groups using the facility. The Clubs will receive a ‘first right to use’ the grounds as per days and times provided and approved by Council under a seasonal hire agreement governed by Council’s terms and conditions of sportsground hire. Council Officers will continue to manage requests to use the fields by schools, events, competitions and other activities.

In relation to the unsuccessful applicants, Council Officers will liaise with representatives of Glenmore Park/Emu Plains Lions Junior AFL with the objective of identifying alternative solutions that may provide further and more suitable opportunities for this user group. A further report will be provided to Council identifying the opportunities, including the resource requirement and potential funding options.

RECOMMENDATION

That:

1. The information contained in the report on Allocation of Mulgoa Rise Sportsgrounds be received.

2. Glenmore Park Football Club be allocated the use of the sportsgrounds at Mulgoa Rise on a ‘first right to use’ basis under a seasonal hire agreement for the winter season.

3. Penrith Junior Cricket Association and Nepean District Cricket Association be allocated shared use of the sportsgrounds at Mulgoa Rise on a ‘first right to use’ basis under a seasonal hire agreement for the summer season.

4. A further report be provided to Council identifying the opportunities, resource requirement and funding options in relation to facility use and development for Glenmore Park/Emu Plains Lions Junior AFL.

ATTACHMENTS/APPENDICES

Summary of Expression of Interest Applications for Use of Mulgoa Rise Sportsgrounds

4 Pages

Appendix

Ordinary Meeting 23 February 2015

Penrith Homeless Outreach Service Hubs

Compiled by: Vesna Kapetanovic, Community Projects Officer

Authorised by: Erich Weller, Community and Cultural Development Manager

Requested By: Councillor John Thain

Outcome	We are healthy and share strong community spirit
Strategy	Provide opportunities for our community to be healthy and active
Service Activity	Resource and implement social programs that contribute to community wellbeing

Executive Summary

Homeless outreach service hubs are a collaborative multi service approach to connect people experiencing chronic homelessness and sleeping rough to housing, health and community services in their communities. The aim of the homeless outreach service hubs is to exit people from homelessness through connecting them to services.

Council is committed to reducing homelessness and increasing collaboration in the community service sector and with the support of local community organisations is now coordinating and leading the implementation of homeless outreach service hubs.

Homeless outreach service hubs are a priority action in the Penrith Homelessness Summit action plan endorsed by Council at its Ordinary Meeting of 24 November 2014

The most recent homeless outreach service hub held on 12 November 2014 at the Joan Sutherland Centre was highly successful with over 50 people who are homeless or at risk of homelessness accessing services. Eighteen community organisations, government agencies and volunteer groups participated to provide a one-stop opportunity for homeless people to access a range of services.

The report recommends that the information in the report on Penrith Homeless Outreach Service Hubs be received.

Background

The homeless outreach service hubs are an effective and successful approach in reaching homeless people and facilitating the initial linkage with services. Homeless people are one of the most vulnerable and marginalised groups in our community and often will not access required services for a range of reasons.

Evidence shows that chronically homeless people are less likely to access services within a conventional setting. As an outreach strategy, the homeless outreach hubs provide a range of services in a comfortable and welcoming environment that encourages interaction and connection. The aim of the outreach service hubs is to provide a platform from which people might exit out of homelessness and be allocated secure and suitable accommodation.

Council coordination of homeless outreach service hubs is a priority action in the Penrith Homelessness Summit action plan endorsed by Council at its Ordinary Meeting of 24 November 2014.

Penrith Homeless Outreach Service Hubs

A number of homeless outreach service hubs have been implemented in Penrith from 2011 and evaluation has showed that client outcomes have been very successful and that organisations are interested in participating in this proactive strategy.

Wentworth Community Housing (WCH) was previously coordinating the homeless outreach service hubs and due to changes with government service contracts, WCH no longer has the capacity to lead this initiative. Services involved in the homeless outreach service hubs are aware of this change and have identified the importance and need for an organisation to coordinate and resource the hubs. In response to this situation, Council consulted with community organisations and has the broad support of local services including WCH, to take on the role to continue and resource the homeless outreach service hub steering committee.

The homeless outreach service hub steering committee comprises a number of Government agencies, community organisations and volunteer groups which include free meal services and other outreach groups. The steering committee meets monthly with the aim to implement up to four homeless outreach service hubs over 2015.

It is important to note that the service sector also benefits from participating in homeless outreach service hubs as they gain an increased understanding of homelessness issues and client needs and may identify opportunities to work collaboratively to develop and drive local solutions to these issues. The services involved may also develop additional partnerships through this structured process and continue to coordinate service responses and direct resources to address homelessness in various ways.

Homeless Outreach Service Hub - November 2014

The most recent homeless outreach service hub was held on 12 November 2014. For the first time the hub was held in the Malcolm Borland Foyer at the Joan Sutherland Centre. This was a highly successful hub that reached over 50 people who were homeless or at risk of homelessness.

The organisations and agencies that provided services at this event included Housing NSW, Wentworth Community Housing, Centrelink, NSW Debt Recovery, NSW Victims Services, Christ Mission Possible (CMP) and Christians Against Poverty, Paying It Forward Homelessness Services, Street Med, Salvation Army Pathways, Salvation Army Moneycare, Platform Youth Accommodation, South Court Primary Care Centre Needle Exchange, Drug and Alcohol Services, St Vincent’s de Paul, Legal Aid, Partners In Recovery mental health service, RSPCA and Coreen Vet Clinic.

The feedback provided by homeless people accessing the outreach service hub indicated they appreciated being able to see a number of services they require all in one place and benefited from the information and resources provided. It was pleasing to note that clients of the Hub felt comfortable in this space and would return to attend future hubs for any support they require.

Arrangements are currently being finalised for the first homeless outreach service hub in 2015 which will be held in coming weeks.

Summary

Homeless service outreach hubs are an effective mode of service delivery that targets the specific and complex needs of people who are homeless or at risk of homelessness by linking them to a broad range of services and providing practical support and resources. It is also an approach that works with homeless people in a respectful and inclusive way.

Through endorsement of the Penrith Homelessness Summit Action Plan Council has confirmed its commitment to working with other service providers in addressing local homelessness. Together with these other services, Council is involved in a number of strategies to provide support to people who are homeless or at risk of homelessness. Council is now coordinating and resourcing the homeless outreach service hubs with the support of local community organisations and government agencies.

The most recent homeless outreach service hub held on the 12 November 2014 at the Joan Sutherland Centre was highly successful with over 50 people who are homeless or at risk of homelessness accessing services. Eighteen community organisations, government agencies and volunteer groups participated in this event to provide a targeted service to help people exit homelessness.

RECOMMENDATION

That the information in the report on Penrith Homeless Outreach Service Hubs be received.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Organisational Performance Report December 2014

Compiled by: Andrew Moore, Financial Services Manager

Fiona Plesman, Acting Executive Manager Corporate

Authorised by: Vicki O’Kelly, Acting Assistant General Manager

Outcome	We have confidence in our Council
Strategy	Ensure our finances and assets are sustainable and services are delivered efficiently
Service Activity	Manage Council's financial sustainability and meet statutory requirements

Executive Summary

This report outlines Council’s progress towards implementing its four-year Delivery Program and one year Operational Plan and focuses on the period of 1 July to 31 December 2014. The report should be read in conjunction with the Organisational Performance Report – December 2014 which records our progress in implementing the organisation’s operating and capital projects.

At 31 December 2014, 96% of Council’s 229 capital and operating projects were ‘on target’ or ‘completed’.

Council adopted a balanced budget for 2014-15. The December Quarter has resulted in a small deficit for the quarter of $4,777 and a surplus for the full year of $203,590.

This report recommends that the Organisational Performance Report is received, and that the revised budget estimates identified in the report and detailed in Attachment 1 is adopted. A copy of the Organisational Performance Report has been provided separately to Councillors.

Organisational Performance summary

The Organisational Performance Report provides information on Council’s progress, achievements and challenges for the six months from 1 July 2014. At 31 December 2014, 100% of 124 service activities were on target, 97% of 62 actions, 94% of 139 capital projects and 100% of 90 operating projects were ‘on target’ or ‘completed’.

Table 1 – Summary of Organisational Performance at 31 December 2014

Detailed comments on the items which were identified as ‘requiring attention’ are outlined in the attached report.

Organisational Highlights

Organisational Highlights from 1 July to 31 December 2014 include an array of new and continued initiatives. Council has maintained an ongoing focus on improving environmental awareness through various educational programs, as well as the Urban Heat Island project and the Environmental Photography competition.

Council has supported and hosted a number of successful events and engagements such as the Sydney Writers Festival, the Development Services Forum, the Penrith Homelessness Summit, NAIDOC week celebrations, White Ribbon Day Twilight River Walk and a Community Networking Breakfast for Community and Cultural development workers.

Council has been actively pursuing more jobs, investment and revitalisation of the Penrith City Centre through projects such as Penrith Progression. The Ideas and Opportunities Workshop held on 8 August explored economic drivers, potential areas of competitive advantage and future investment in the City Centre. The workshop drew on the ideas gathered at the public forum in May, and focus group sessions held in June.

The last step in the collaborative phase, the Penrith Progression 2014 Finale, on 10 December 2014 tested the thinking around opportunity precincts and catalyst projects for the City Centre with more than 50 key stakeholders. The Penrith Progression Plan for Action will be launched in late February 2015.

By working with local schools and students Callisto Playground in Cranebrook was extensively upgraded after Cranebrook High students presented their ideas on how to improve the park for young people and build on existing strengths of their neighbourhood.

During this period development worth $322.3 million has been approved. Council continues to be proactive, providing opportunities for the local industry and business community to liaise with Council on relevant issues, and enhance professional relationships with around 40 people who attended a Development Service forum held in September. A survey of participants undertaken at the forum saw 83% rate the Council’s Development Application (DA) Service as good or excellent. In addition to new development we have maintained a strong focus on upgrading existing infrastructure, including four sports grounds being upgraded and four newly installed playgrounds. There has been 1.7km of new concrete pedestrian paths and 79,000sqm of roads built.

Organisational challenges

The city-wide DCP is unlikely to be completed prior to the publication of the city-wide LEP. This will mean for a period of time the current DCPs will only partly apply to the published LEP. DA’s will be assessed on merits. This will continue until the consolidated city-wide DCP is endorsed by Council.

Responding to the Fit for the Future program will create a demand on resourcing across the organisation, but most particularly in the Organisational Performance and Development Department which is responsible for both the capacity review and the Fit for the Future submission.

Financial Position Summary

As previously reported in the September Quarterly Review Council delivered a balanced budget in the adoption of the 2014-15 Operational Plan. The September quarter reported some significant variations to the predicted annual budget, including a number of proposed allocations that once adopted provided for a projected surplus of $208,367 for 2014-15. The September Quarter’s result comprised mainly positive variations to the original budget with the most notable being savings relating to debt servicing ($316,671), additional pensioner rebates ($123,600) and Development Services income ($155,044).These positive variations were partly offset by an adjustment to an increase in the estimate for street lighting budget ($227,525) following finalisation of contracts and network expansions for 2014-15. With a number of items still to be confirmed at this time an allocation of $123,600 was made to Reserve in the September Quarterly Review to ensure that Council retained the capacity to respond to any variations to budget assumptions and to provide potential capacity to respond to current and emerging priorities.

The December quarter again presented a positive result with a surplus of $203,590 at this stage being projected for the full year. This result comprises both positive and negative variations to the original budget, with the most notable for the December Quarter being additional interest on investments ($250,000), and debt service savings ($54,019), which have been partly offset by proposed improvements to the Kitchen at Penrith Regional Gallery ($27,500). In addition it is noted that work to commence the Parking Management Strategy, the only outstanding high priority project bid remaining from 2013-14 Resource Allocation Request Process (RAR), is now ready to advance. Funding has previously been identified and identified in the Asset Reserve. While this project was originally for inclusion in the Draft 2015-16 Budget it is able to commence earlier than anticipated and will require some funds to be brought forward as part of the March Review. Once again, it is considered prudent to transfer surplus funds to Reserve ($250,000) to ensure that Council retains the capacity to respond to variations to assumptions and estimates within the budget and provide potential capacity to respond to current and emerging priorities in future quarterly reviews or as part of the 2015-16 Operational Plan development.

Net organisational salary savings of $304,153 have also been identified in this quarter, and in keeping with Council’s adopted practice these salary savings will be retained within the employee cost budget at this stage and not be reallocated. Council’s Long Term Financial Plan (LTFP) has foreshadowed that increases to the annual Employee Leave Entitlement (ELE) provision will be required and a strategy to increase this provision has been implemented. Council is committed to ensuring that sufficient provision is made for ELE and therefore it is proposed that any remaining salary savings, once provision for current year payments are made, will be transferred to the ELE Reserve as part of the June 2015 Review.

In addition to these adjustments a total of $4,543,201 of revotes is proposed as a result of the December quarter review as the works are not expected to be completed in the current financial year. Further details on proposed major variations and revotes are provided later in this report and in the attached Organisational Performance and Financial Review –December 2014.

This report recommends that the revised budget estimates identified in the report and detailed in the attached Organisational Performance report – December 2014 are adopted.

Financial Position for the December Quarter

The financial position of Council for the quarter is expressed by providing information, in compliance with Quarterly Budget Review Statement (QBRS) requirements, on:

· Budget position (whether balanced/surplus/deficit)

· Significant variations

· Identified revotes

· Funding summary

· Reserve movements for the quarter

· Capital and Operating budget projects list for the quarter

· Key performance indicators

· Income and expenses

· Income and expenses by program

· Capital budget

· Cash and investments

· Contracts and other expenses

· Consultancy and legal expenses.

Budget Position

	$000s
Original Budget Position	0
September Quarter Variations	208.4
December Quarter Variations	0
December Review Variations	(4.8)
Revised Surplus/(Deficit)	203.6

The predicted cumulative result for the year as at December 2014 is a surplus of $203,590 after the recommended variations for the quarter. Commentary is provided below on some of the more significant issues in the Review with their impact on the budget position (F – favourable and U – Unfavourable). Further details together with all proposed minor variations, revotes and reserve movements are detailed in the attached Organisational Performance report – December 2014.

Net Employee Costs - $304,153 F (0.3%)

During the second quarter of 2014-15 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 $304,153.

It is proposed that as part of the December Quarterly Review that salary savings of $304,153 identified are retained within the employee costs area to assist with year-end employee cost balancing and to supplement the budget for resignations and retirements. Any remaining savings at year end could then be transferred to the Employee Leave Entitlement (ELE) Reserve.

Interest on Investments –$250,000 F (29%)

Interest rates remained steady for the first half of the 2014-15 financial year despite market expectations of a significant fall. The unrestricted part of the portfolio has been consistently higher than was originally estimated and has performed well above benchmark. As a result the budget for untied interest on investments is proposed to be increased by $250,000 for the full year in the December Quarterly Review.

Debt Servicing –$54,019F (2%)

In November 2014, following Council’s successful interest subsidy application under the LIRS program, a $5,700,000 loan to accelerate the CBD drainage program was drawn down. The funds were borrowed at 3.65% and the LIRS subsidy of 3% offsets the bulk of the interest costs with the Stormwater Management Charge providing the balance of debt service funding for the loan.

While the CBD Drainage loan will have no impact on Council’s general fund, however minor adjustments to reserve funding for existing loans have resulted in a $54,019 saving for the December Quarterly Review.

Penrith Regional Gallery Kitchen - $27,500 U (1.3%)

The Penrith Regional Gallery is part of the Penrith Performing and Visual Arts (PP&VA) and has been providing a café service at the site for the last 12 to 18 months. To ensure that the café can continue to be expanded and address all compliance requirements a grease trap is proposed to be installed and monitored by Sydney Water.

Council is responsible for all building maintenance and building asset renewal for the Penrith Regional Gallery. However, the current 2014-15 program does not include an allocation for the purchase of this item. Further internal Council discussions have confirmed that a grease trap is a capital item and therefore that it is the responsibility of Council to provide funding.

Transfer to Asset Reserve -$250,000 A (81%)

The development of the annual budget each year requires a number of assumptions to be made in relation to both expenditure and income that are dependent on factors that are outside Council’s control. To safeguard against movements in these assumptions and forecasts it is proposed that $250,000 be transferred to Reserve. This allocation will provide capacity to respond to these assumptions, if needed, and will otherwise provide capacity to respond to some current and emerging priorities, and any priority needs for the 2015-16 budget.

Other variations with no impact on Available Funds and Proposed Revotes

A number of other variations, proposed as part of this review, do not have an impact on the available funds. Details of these adjustments are provided in the attached Organisational Performance report – December 2014. In addition to these adjustments a total of $4,543,201 of planned capital projects are proposed for revote this quarter and a full listing can be found in the attachment. The total value of revotes for the year to date (including the proposed December Quarter revotes) is $4,543,201, compared to $4,452,430 for the same period in 2013-14.

Conclusion

The Organisational Performance Report –December 2014 indicates that the performance of Council’s capital and operating projects are on track to meet Council’s annual program. Strong financial management combined with the fine tuning and confirmation of budget assumptions have contributed to a surplus being projected to June 2015.

The Organisational Performance Report – December 2014 will be placed on Council’s website, and will be available in hard copy on request.

RECOMMENDATION

That:

1. The information contained in the report on Organisational Performance Report December 2014 be received.

2. The Organisational Performance Report December 2014 as at 31 December 2014, including the revised estimates outlined in this report and detailed in the attached Organisational Performance Report – December 2014 be adopted.

ATTACHMENTS/APPENDICES

Organisational Performance Report - December 2014

86 Pages

Attachments Included

Ordinary Meeting 23 February 2015

Sale of Land for Unpaid Rates and Charges

Compiled by: Dana Reid, Rates Financial Officer

Suzanne Flynn, Chief Rates Clerk

Authorised by: Andrew Moore, Financial Services Manager

Outcome	We have confidence in our Council
Strategy	Ensure our finances and assets are sustainable and services are delivered efficiently
Service Activity	Manage Council's financial sustainability and meet statutory requirements

Executive Summary

This report seeks Council’s endorsement to proceed with the sale of a property to recover unpaid rates and property debts owed to Council. The property is vacant land located at 30 Eton Road, Cambridge Park.

The total debt to Council of $73,949.41 is made up of overdue rates and charges totalling $32,715.16 and a property debt of $41,234.25.

Sections 713-716 of the Local Government Act (NSW) 1993 (the Act), provides the authority for the sale of this land by public auction as rates and charges have been outstanding for more than 5 years. To date, despite numerous efforts by the Rates Team, the property owner has not made a payment or contacted Council for a payment arrangement.

Section 713 (2) (a) states:

“ (2) A council may, in accordance with this Division:

(a) sell any land (including vacant land) on which any rate or charge has remained unpaid for more than 5 years from the date on which it became payable, “

All avenues in line with Council’s Debt Recovery Procedures have been exhausted and over the last 12-18 months Council Officers have been consulting with the Finance Working Party to ensure that all options have been fully pursued prior to this final course of action being required. At a recent meeting of the Finance Working Party it was endorsed that Council be presented a report to pursue the sale of this property for unpaid Rates and Charges.

Full details of outstanding amounts and the property location are provided in Attachment A. The amount of outstanding rates and charges shown in this attachment will change by the auction date as additional interest and rates will become due and payable by the auction. The table will be updated before the sale for final certification by Council’s Public Officer.

Background

Property Debt

This property has been a source of concern to Council since 1980 with a number of notices and orders served upon the ratepayer due to its unhealthy condition. In 1998 the property was vacated by the ratepayer and subsequently occupied by squatters and in 2002 the dwelling sustained partial fire damage.

Coode & Corry Solicitors acted on behalf of the ratepayer in 2005 in relation to the demolition of the dwelling on the property. Despite the ratepayer’s numerous undertakings to clean up the overgrown vegetation, restore the dwelling and sell the property, no action was taken. The dwelling was eventually demolished by Council in 2005.

Further clean-up orders were issued by Council in early 2014 due to overgrown vegetation and after no response from the ratepayer, Council authorised a private contractor do an extensive clean-up of the land.

In June 2014 Council Officers conducted a further inspection and found a dilapidated garage had been severely damaged by vandals and was in a state of disrepair. The damaged structure contained asbestos and was therefore a risk to public health. Also located on the premises was a shipping container that had not been approved by Council.

Relevant Orders were issued to the ratepayer to remove the shipping container and damaged garage. No reply was received.

On 27 November 2014 the shipping container and other structures were removed by a contractor on Council’s authorisation. The cost of these works plus administration fees totalled $21,279.50 (including GST).

A summary of the Property Debt is provided below:

Transaction Date	Description	Amount
31 January 1997	Clearing of Vegetation, Rubbish & Car Parts	$1,705
29 May 1997	Legal fees for recovery	$451
30 January 2001	Clearing of overgrown vegetation	$990
21 November 2002	Clearing of overgrown vegetation	$1,320
16 November 2005	Costs Incurred for Demolition of House and Removal of Materials	$10,220
12 June 2014	Works carried out by private contractor on 22 March 2014 to ensure compliance with the Order for mowing lawns.	$525
12 June 2014	Removal of rubbish piles by bobcat and truck and mowing of lawns	$4,743.75
15 December 2014	Removal of asbestos from site and removal and disposal of shipping container including contents	$21,279.50
TOTAL		$41,234.25

Land Rates

Overdue Land Rates currently total $32,715.16, made up of interest charges, legal costs and overdue land rates dating back to before 1991. Below are details of the due amount:

Charge	Amount
Rates & Waste Charges	$14,285.48
Interest	$16,569.49
Legal Costs	$1,860.19
Total	$32,715.16

The last attempt by Council to recover the overdue amount through legal action began in 2002. A Statement of Claim was served upon the ratepayer on 7 December 2002. Legal action proceeded to Default Judgment in January 2003.

A Writ of Execution was subsequently lodged on 13 March 2003. The Sheriff attended the ratepayer’s address a total of eight times. Each time they could not make contact or access the dwelling. Calling cards were left requesting the ratepayer telephone the Sheriff’s office. No contact was made and eventually the Writ was returned to Council without any seizure of goods.

At that stage the ratepayer was living at another address is Penrith and all rate notices for 30 Eton Road Cambridge Park were issued to that address. That location was previously owned by the ratepayer’s parents and after they passed away the property was transferred to the ratepayer and his two sisters. Presently rate notices for that second property are issued to the ratepayer’s sister. Land rates on the second property are paid when due.

Current Situation

The ratepayer is believed to be 68 years old and receiving an invalid pension. Until February 2014 Council believed the ratepayer was residing in Penrith and was receiving a pension rebate. This rebate was removed in February 2014 when Centrelink confirmed the address they had for the ratepayer was no longer in the Penrith area but now matched a postcode for Gulgong, NSW.

Family members have advised Council that the ratepayer is believed to be living in the Gulgong area. All notices are now issued to a PO Box in GULGONG NSW. The Rates Team have issued letters to known family members asking for assistance in locating the ratepayer. Letters were issued to the ratepayer’s sister and daughter. Both were asked to convey to the ratepayer Council’s desire to contact him.

The ratepayer has not made any attempt to contact Council or repay his debts. Further recovery action through the courts is considered unlikely to be successful.

Section 715(2) of the Act states that if, before the sale of the land:

(a) “All rates and charges payable (including overdue rates and charges) are paid to the council, or

(b) An arrangement satisfactory to the council for payment of all such rates and charges is entered into by the rateable person,

the council must not proceed with the sale.”

Therefore, if the ratepayer makes a satisfactory payment arrangement or payment in full, the sale of this property by Council will not proceed.

Proposed Actions

If the sale of this property is endorsed by Council, the next steps taken will be to give notice of the proposal to sell this land as per Section 715 (1) of the Act. This section states that before selling land Council must take specific action to give such Notice.

These actions and proposed timings are set out in the table below.

Legislative Requirement	Action	Date
Section 713 of the Act	Council Resolution	23 February 2015
Fix a convenient time and place for the sale	1) Obtain a minimum of three quotes from Real Estate Agents to value the property and promote and conduct the property auction. 2) Penrith Council’s Legal & Governance Department will be responsible for all conveyancing requirements 3) Council and the agent will get together determine the time and place of the sale.	31 March 2015
Give notice of the proposed sale by means of an advertisement published in the Gazette and in at least one newspaper.	1) Advertise in Penrith Press and the Mudgee Guardian/Gulgong Advertiser. 2) Advertise in Government Gazette.	31 March 2015
Take reasonable steps to ascertain the identity of any person who has an interest in the land	1) Title search already conducted confirms ownership	Completed
Take reasonable steps to notify each such person of the council’s intention to sell the land	1) Issue letters to known previous addresses including King Street Penrith and other possible places of contact including Gulgong address. 2) Affix a Notice on the property	31 March 2015
	Auction to be held	31 July 2015

The Rates Team will continue to make every effort to contact the ratepayer to attempt recover the outstanding amount. Prior to the sale, letters will be issued to all known addresses requesting the ratepayer make urgent contact to discuss the overdue amount. In addition, Council will advertise in both Penrith and Gulgong newspapers and affix notices to the property of the intended sale.

If the land is sold, all costs of the sale are first deducted from the proceeds. Council rates and property debts will next be deducted. The balance remaining will be disbursed to the ratepayer or, if he has not been located, placed into trust until such time as the monies can be appropriately disbursed. Section 720 of the Act states:

“(1) Any balance of the purchase money must be paid into the council’s trust fund and held by the council in trust for the persons having estates or interests in the land immediately before the sale according to their respective estates and interests.

(2) The council may pay the balance of the purchase money or any part of the balance to or among the persons who are, in its opinion, clearly entitled to it, and the receipt of the person to whom any payment is so made is an effectual discharge to the council for it.”

Chief Governance Officer’s Comment

The sale of the land for unpaid rates should be a last resort in recovering any outstanding rates and charges. This matter has had an extensive history and given previous interacts with the ratepayer and the efforts made by the Rates Team, this course of action seems to be the only way to resolve the debt recovery issue and effectively establish an owner for the land that is responsible to ensure that the property is managed in a way that does not prejudice the properties in the vicinity. It would seem Council clearly has the power and the grounds to sell the property for unpaid rates.

Conclusion

All options to recover the rates and charges accruing for 30 Eton Road Cambridge Park, with the exception of selling the land under s713 of the Local Government Act 1993, have been exhausted. The ratepayer has made no attempt to maintain the property for many years and has not made any payments or attempts to contact Council to negotiate payment arrangements. This report recommends that Council commence the sale of the land for unpaid rates and property debts.

RECOMMENDATION

That:

1. The information contained in the report on Sale of Land for Unpaid Rates and Charges be received.

2. Council endorse selling this land to recover the unpaid rates and property debts.

3. The Common Seal of Council be affixed to all necessary documentation.

ATTACHMENTS/APPENDICES

Details of unpaid rates and charges

7 Pages

Attachments Included

Ordinary Meeting 23 February 2015

Proposed Licence Agreement for Car Park located at the corner of Rodgers and Somerset Streets, Kingswood to Healthscope Limited

Compiled by: Colin Cordrey, Property Co-ordinator

Authorised by: Chris Moulang, Property Development Manager

Outcome	We have confidence in our Council
Strategy	Demonstrate transparency and ethical behaviour
Service Activity	Manage Council's property portfolio

Executive Summary

On 27 October 2014, Council resolved:

“That:

1. The information contained in the report on Commercial Matter - Proposed Licence and Information Regarding Existing Temporary Car Park located at the corner of Rodgers & Somerset Streets, Kingswood be received.

2. Council accept a request to terminate the licence agreement with Nepean and Blue Mountains District Health for a car park.

3. Council approve of entering into a 5 year Licence Agreement with Healthscope Limited for the use of the car park at a commencing rental of $60,000 pa with a minimum term of 3 years before Healthscope can seek termination at 6 months notice.

4. Council commences the advertising process for a new 5 year licence agreement to Healthscope Limited over the existing temporary car park on the corner of Rodgers and Somerset Streets, Kingswood in accordance with Section 47A of the Local Government Act 1993.

5. A further report be submitted to Council following completion of the advertising period.”

The advertising period is now complete, with no comments or objections received.

It is now proposed to enter into a licence agreement with Healthscope for a tenancy of the car park at the corner of Rodgers and Somerset Streets, Kingswood.

Background

Formal advice has been received from the Nepean Blue Mountains Local Health District (NBMLHD), trading as Nepean Public Hospital of their intent to terminate the current licence over the land currently used as car parking at the corner of Rodgers and Somerset Streets Kingswood.

This facility was originally licensed to NBMLHD as a temporary car parking facility to accommodate their building contractors during the redevelopment stage of the Nepean Public Hospital and then transitioned to staff parking.

Prior to the termination by NBMLHD, Council had been approached by Healthscope Limited, seeking Council assistance to find suitable car parking facilities for staff within a reasonable proximity to Nepean Private Hospital because it was forced to relinquish its licence over an adjacent car park to the hospital for private development.

In view of the shortage of available car parking facilities within the two hospital regions, safety of staff and the public complaints around a shortage of car parking, it would be appropriate to utilise the existing car park facility for further use by Healthscope Limited.

As the land is classified “Community” under Council’s Plan of Management it must be leased in accordance with Section 47A of the Local Government Act 1993. This will require public notification in local newspapers, written notification to adjoining residents and sign posting the notice on site for a period of 28 days to allow any public submissions relating to this matter.

In February 2014 NBMLHD indicated that they were no longer providing access to the car park for their staff. Formal advice was provided in June 2014 of their intention to terminate the Licence Agreement in accordance with their terms and conditions and handed back the land to Council. Council were negotiating with NBMLHD for restoration of the car park in accordance with the Licence terms.

In May 2014 Council was approached by Healthscope Limited, operators of Nepean Private Hospital, indicating an interest in licensing any suitable Council land within close vicinity of the Private Hospital for use by their staff because their existing car park facility was being closed down by private owners for future development.

After lengthy discussions with Healthscope, the Property Development Department has negotiated a proposal to provide for a commencing rental income of $60,000 pa (with annual CPI increases) which is equal to the amount of revenue that Healthscope would obtain from parking fees from its staff. Further, Healthscope has agreed to an income sharing arrangement with Council, whereby any additional revenue gained by Healthscope from parking fees above the annual rental is shared equally with Council.

Healthscope has advised that it is not prepared to accept a restoration clause on the basis that it would not be economical to pay rent and also have to bear the cost of rehabilitation. This means Council will be required to bear the responsibility of rehabilitating the car park, should that be required in the future.

The licence is to be offered on the express condition that Healthscope commit to a minimum 3 year term before the termination clause can be exercised. Should Healthscope seek to terminate the agreement (with 6 months’ notice) prior to expiry of the 5 year term, income from the licence will still cover the estimated cost of rehabilitating the site ($180,000).

If the licence continues over the full 5 year term it will provide an income to the order of $300,000 to Council.

The use of the car park will also have a benefit to the community as it will provide some 87 parking spaces for Healthscope staff and reduce parking pressure on local residents and businesses.

The proposal has been publicly notified in accordance with Section 47A of the Local Government Act 1993, with no comments or objections received.

RECOMMENDATION

That:

1. The information contained in the report on Proposed Licence Agreement for Car Park located at the corner of Rodgers and Somerset Streets, Kingswood to Healthscope Limited be received.

2. Council accept a request to terminate an existing licence agreement with Blue Mountains District Health for a temporary car park located at the corner of Rodgers & Somerset Streets, Kingswood.

3. Council now proceed to enter into a 5 year licence agreement with Healthscope, with a minimum period of 3 years, at a commencing rate of $60,000 pa with annual CPI increases and a half share of any profit generated above subsidised employee parking fees to be paid to Council.

4. The Manager, Property Development be authorised to enter into an agreement with Healthscope as set out above and given delegated authority to sign licence documentation for and on behalf of Council.

5. Council resolve to affix the Common Seal of Penrith City Council to any necessary documentation.

ATTACHMENTS/APPENDICES

There are no attachments for this report.

Ordinary Meeting 23 February 2015

Property Development Advisory Panel

Compiled by: Chris Moulang, Property Development Manager

Authorised by: Vicki O’Kelly, Acting Assistant General Manager

Outcome	We have confidence in our Council
Strategy	Ensure our finances and assets are sustainable and services are delivered efficiently
Service Activity	Manage Council's financial sustainability and meet statutory requirements

Executive Summary

The Finance Working Party (FWP) meeting of 17 November 2014 agreed to the establishment of a Property Development Advisory Panel as part of a new Property Strategy and at the meeting held 28 January 2015 agreed to the members of the Panel, its primary focus and discussed associated governance issues.

A summary of the qualifications and experience for each panel member is included in this report.

The calibre of the recommended panel members is outstanding and will bring a depth of experience and insight to Council’s future property transactions that will benefit the City.

Background

At the November FWP meeting a draft Property Strategy was considered. Key features agreed included high level objectives for Council’s $282M property portfolio and the establishment of a Property Development Advisory Panel with high-level external property expertise.

The draft Property Strategy will be discussed with Council at a briefing in March 2015.

After consideration of the names proposed and gauging the interest of the prospective members the FWP agreed that a panel of four external individuals with the right property experience to assist Council meet its property portfolio ambitions be established. Ideally the panel should comprise a mix of residential and commercial property experience and town planning knowledge.

A preference was expressed by the FWP for Sean O’Toole to be a Panel member. Three others are also now suggested for consideration: Peter Dransfield, John Elvy and Michael Scott.

Proposed Property Development Advisory Panel Members

Sean O’Toole

Mr O’Toole was Managing Director of Landcom from 2002 – 2013. Over the last ten years Landcom has diversified from a developer of home sites on Sydney’s fringe into:

• Urban renewal projects (Prince Henry at Little Bay and Victoria Park at Zetland)

• Town Centres (Rouse Hill and Oran Park)

• Transit oriented developments (Green Square Town Centre, Macarthur Regional Centre and Thornton Park at Penrith)

Prior to joining Landcom, Sean held senior positions in urban planning at both State and Local Government levels, including Assistant Director General of the NSW Department of Planning.

Sean is a Fellow of the Planning Institute of Australia and he holds several Board positions including a member of the Central Coast Regional Development Corporation Board.

Peter Dransfield

Peter Dransfield is well known in the property industry, having held senior executive positions at Australand and as a Director of Walker Corporation. He was a Director of the Multiplex Group of companies and a former Director of Housing for the NSW Government.

Peter is currently Chairman of Devine Limited – a listed developer of Land, Housing and Apartments operating in Qld, Vic and SA and a Director of Bremer Park Limited.

Peter is an advisor to Pepper Property (formerly Grant Samuel Property), Director of Macquarie Real Estate Equity Funds and Chairman of two Urban Growth joint ventures at Bringelly and Green Square.

John Elvy

John Elvy has been in the real estate and development profession for 44 years. During that time, John’s focus has been in property investment strategies, project development, growing real estate businesses and building international property networks.

John was a Senior Executive/Director with Colliers International, Knight Frank and the NSW Managing Director of LJ Hooker International.

From 2001 to 2004, John was a non-executive director of James Fielding Group, an Australian public company that specialised in property funds management.

John was Chairman of Leighton Properties for 4 years, retiring in 2012 as a Non-Executive Director after 13 years on the board. He retired in June 2008 as the Executive General Manager Development for Leighton Holdings, responsible for sourcing commercial projects in Malaysia, China, India, Thailand, Vietnam, Cambodia and the Middle East.

John was a Councillor, serving 3 years on the City of Sydney Council, and 17 years on Strathfield Municipal Council, including Mayor for 3 terms and Chairman of Finance, Building and Planning and committees.

He is Vice President of the Property Council Australia, NSW, and a member of the NSW Division Council. John also chairs the Local Government Taskforce, focusing on making local government more effective and efficient, as well as lobbying to remove rate pegging in NSW. He advises local government including Parramatta City Council on the development of value adding strategies to optimise the performance of their property holdings.

Michael Scott

Michael has 30 years’ experience in real estate, property development and the construction industry with Private Sector Builders/ Developers, Government Land and Housing Agencies. Michael’s experience includes the planning, design, rezoning, approval, construction, marketing and sale of many successful and award winning residential developments.

Over the past 15 years (1999 – 2014) as Managing Director of The Treadstone Company Pty Ltd. Michael has provided specialist management services and advice in the areas of property development and housing to clients including Landcom, Urban Growth NSW, Stockland, Lend Lease, Urban Pacific Limited (Macquarie Bank) and many other government and private clients.

Michael provides advice and management in a number of different yet related areas including: - Development Management, Project Delivery, Residential Construction, Builder Team Management, Government - Private Sector Joint Venture Management, Marketing of Major New Communities, Delivery of Affordable Housing and Sustainable Urban Development Initiatives.

The proposed members have been contacted and are excited about the prospect of assisting Penrith. They have confirmed their availability subject to Council endorsement.

Primary Focus of the Panel

A draft Terms of Reference for the Panel was presented to the last FWP meeting (see Attachment 1). While it is broad, covering several strategic property initiatives, the report to the FWP suggested there should be a focus on the Penrith City Centre initially. This means that the Panel’s primary focus, certainly over the next two years, would be assisting Council with implementation of the Penrith Progression, specifically development of Council property, including joint ventures in the Penrith City Centre.

The Panel’s extensive property expertise and experience will be a powerful tool for Council to achieve its property objectives. As the property program evolves it is anticipated we will need to review our own response capacity.

Engagement with the Panel will be primarily at officer level but it is important that Councillors have the opportunity to interact with the Panel at regular intervals. A further suggestion is for the Panel to discuss progress with the FWP as required, but at least every six months.

Governance Issues – Comments by Chief Governance Officer

It is suggested that the Panel be formed as a s355 Committee of the Council and that it also be granted delegated authority to provide advice to the Council under s377 of the Local Government Act. The reason for this is that the Panel needs a proper form so that it has insurance protection and its role is understood. Other structures have been considered and it is thought at this stage this is an appropriate way to form the Panel. The Panel will operate as any other Committee of Council.

Research into what sitting fees other Councils are paying to members of their Audit Committee who are external representatives is being used to benchmark the proposed sitting fee. It is proposed that the Chair receives $500 and the committee members $400 per meeting. It is proposed to bring the Audit Committee sitting fee in line with the fee proposed for the Property Development Advisory Panel.

As the panel is proposed to be a committee of Council then Council’s Code of Conduct and the principles within the Local Government Act will apply to the panel and its members.

Next Steps

The draft Property Strategy will be presented to a Councillor Briefing in March. If the formation of the panel and its members are endorsed by Council tonight then the Property Development Advisory Panel members will be contacted prior to this and arrangements made for the inaugural meeting and a workshop soon after.

RECOMMENDATION

That:

1. The information contained in the report on Property Development Advisory Panel be received

2. The Property Development Advisory Panel be established as a Section 355 Committee of Council

3. Panel members be paid a sitting fee as outlined in the report

ATTACHMENTS/APPENDICES

Draft Terms of Reference Property Development Advisory Panel

1 Page

Appendix

Ordinary Meeting 23 February 2015

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:

Outcome 7

2 Commercial Matter - Proposed sale of a Council property

3 Council Property - Lease to Naval Association of Australia (Nepean & Blue Mountains Subsection) Incorporated to occupy Lot 8 DP 583415, 42 Bruce Neale Drive, 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.

Outcome 5

4 Status on Litigation and Compliance Matters

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.

Outcome 3

5 Allen & Welch Place Parking Structures and Ramps

Outcome 7

6 Senior Staff Matters

This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.

Ordinary Meeting 23 February 2015

Attachment 1 - Organisational Performance Report - December 2014

PDF Creator

Ordinary Meeting 23 February 2015

Attachment 1 - Details of unpaid rates and charges

PARTICULARS OF OVERDUE RATES AND CHARGES
Rating Year	Levy Date	Method of Rates Levied	Amount of Rates ($)	Interest & Other Charges Levied	Due Date	Overdue as at 23 February 2015	Total
Prior to 1993		Rate Notice	$2,207.10	$4,124.78		$6,331.88	$6,331.88
1993	1-Jan-93	Rate Notice	$152.24	$513.70	28-Feb-93	$665.94	$665.94
1994	1-Jan-94	Rate Notice	$78.77	$169.08	28-Feb-94	$247.85	$247.85
1994/1995	1-Jul-94	Rate Notice	$165.63	$661.57	31-Aug-94	$827.20	$827.20
1995/1996	1-Jul-95	Rate Notice	$170.42	$359.53	31-Aug-95	$529.95	$529.95
1996/1997	1-Jul-96	Rate Notice	$221.76	$93.59	31-Aug-96	$315.35	$315.35
1997/1998	1-Jul-97	Rate Notice	$247.47	$76.41	31-Aug-97	$323.88	$323.88
1998/1999	1-Jul-98	Rate Notice	$272.32	$56.48	31-Aug-98	$328.80	$328.80
1999/2000	1-Jul-99	Rate Notice	$303.89	$33.40	31-Aug-99	$337.29	$337.29
2000/2001	1-Jul-00	Rate Notice	$338.81	$143.07	31-Aug-00	$481.88	$481.88
2001/2002	1-Jul-01	Rate Notice	$401.53	$520.09	31-Aug-01	$921.62	$921.62
2002/2003	1-Jul-02	Rate Notice	$707.02	$1,309.67	31-Aug-02	$2,016.69	$2,016.69
2003/2004	1-Jul-03	Rate Notice	$753.17	$538.72	31-Aug-03	$1,291.89	$1,291.89
2004/2005	1-Jul-04	Rate Notice	$797.22	$607.24	31-Aug-04	$1,404.46	$1,404.46
2005/2006	1-Jul-05	Rate Notice	$843.18	$576.47	31-Aug-05	$1,419.65	$1,419.65
2006/2007	1-Jul-06	Rate Notice	$676.98	$717.36	31-Aug-06	$1,394.34	$1,394.34
2007/2008	1-Jul-07	Rate Notice	$711.68	$866.53	31-Aug-07	$1,578.21	$1,578.21
2008/2009	1-Jul-08	Rate Notice	$736.06	$1,085.23	31-Aug-08	$1,821.29	$1,821.29
2009/2010	1-Jul-09	Rate Notice	$770.10	$760.61	31-Aug-09	$1,530.71	$1,530.71
2010/2011	1-Jul-10	Rate Notice	$764.14	$981.44	31-Aug-10	$1,745.58	$1,745.58
2011/2012	1-Jul-11	Rate Notice	$810.47	$1,285.56	31-Aug-11	$2,096.03	$2,096.03
2012/2013	1-Jul-12	Rate Notice	$832.39	$1,251.12	31-Aug-12	$2,083.51	$2,083.51
2013/2014	1-Jul-13	Rate Notice	$869.19	$1,202.40	31-Aug-13	$2,071.59	$2,071.59
2014/2015	1-Jul-14	Rate Notice	$907.74	$495.63	31-Aug-14	$949.57	$1,403.37
Grand Total						$32,715.16	$33,168.96

The total amount of rates (including interest charges) overdue for more than five years within the meaning of Section 713 of the Act is $32,715.16

PARTICULARS OF PROPERTY DEBT
Transaction Date	Description	Amount
31-Jan-97	Clearing of Vegetation, Rubbish & Car Parts	$1,705
29-May-97	Legal fees for recovery	$451
30-Jan-01	Clearing of overgrown vegetation	$990
21-Nov-02	Clearing of overgrown vegetation	$1,320
16-Nov-05	Costs Incurred for Demolition of House and Removal of Materials	$10,220
12-Jun-14	Works carried out by private contractor on 22 March 2014 to ensure compliance with the Order for mowing lawns.	$525
12-Jun-14	Removal of rubbish piles by bobcat and truck and mowing of lawns	$4,743.75
15-Dec-14	Removal of asbestos from site and removal and disposal of shipping container including contents	$21,279.50
TOTAL		$41,234.25

The total property debt overdue is $41,234.25.

I, the Public Officer of Penrith City Council, hereby certify that the particulars herein furnished are to the best of my knowledge and belief, true and correct in every particular, and can be supported by the production of the books and records of the Council.

_______________________________

Glenn McCarthy

Public Officer

Date: ______________________

v	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are endorsed for exhibition
*	Meeting at which the draft corporate planning documents (Delivery Program and Operational Plan) are adopted
#	Meetings at which the Operational Plan quarterly reviews (March and September) are presented
@	Meetings at which the Delivery Program progress reports (including the Operational Plan quarterly reviews for December and June) are presented
^	Election of Mayor/Deputy Mayor
ü	Meeting at which the 2013-2014 Annual Statements are presented
∞	Meeting at which any comments on the 2013-2014 Annual Statements are presented
+	Meeting at which the Annual Report is presented

Outcome	We can work close to home
Strategy	Provide access to education and training to improve residents ability to take advantage of current and future employment opportunities
Service Activity	Deliver high quality children's services