Council_Mark_POS_RGB

15 April 2015

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that a POLICY REVIEW COMMITTEE MEETING of Penrith City Council is to be held in the Passadena Room, Civic Centre, 601 High Street, Penrith on Monday 20 April 2015 at 7:00PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Michelle Tormey - 10 April 2015 to 26 April 2015 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Policy Review Committee Meeting - 9 March 2015.

 

4.           DECLARATIONS OF INTEREST

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

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

 

5.           ADDRESSING THE MEETING

 

6.           MAYORAL MINUTES

 

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

 

8.           NOTICES OF MOTION

 

9.           DELIVERY PROGRAM REPORTS

 

10.         REQUESTS FOR REPORTS AND MEMORANDUMS

 

11.         URGENT BUSINESS

 

12.         CONFIDENTIAL BUSINESS


POLICY REVIEW COMMITTEE MEETING

 

Monday 20 April 2015

 

table of contents

 

 

 

 

 

 

meeting calendar

 

 

confirmation of minutes

 

 

DELIVERY program reports

 


Council_Mark_POS_RGB2015 MEETING CALENDAR

January 2015 - December 2015

(adopted by Council on 24/11/14)

 

 

 

TIME

JAN

FEB

MAR

APRIL

MAY

JUNE

JULY

AUG

SEPT

OCT

NOV

DEC

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

Mon

 

Ordinary Council Meeting

7.30pm

 

2

 

 

 

 

 

 

 

21^ü

(7.00pm)

 

 

14

(7.00pm)

 

23@

23

27v

25#

29*

27

24@

28

26

23#+

 

Policy Review Committee

7.00pm

 

 

 

20

11

15

13

10

14

19

9

7

 

9

9

 

 

 

 

 

 

 

 

 

 

 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

-            Extraordinary Meetings are held as required.

-            Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee).

Should you wish to address Council, please contact the Senior Governance Officer, Glenn Schuil.

 


UNCONFIRMED MINUTES

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

ON MONDAY 9 MARCH 2015 AT 7:04PM

PRESENT

His Worship the Mayor, Councillor Ross Fowler OAM, Deputy Mayor, Councillor Greg Davies and Councillors Jim Aitken OAM, Kevin Crameri OAM, Marcus Cornish, Mark Davies (arrived 7:06pm), Maurice Girotto, Ben Goldfinch, Tricia Hitchen, Karen McKeown and John Thain.

 

LEAVE OF ABSENCE

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

APOLOGIES

PRC 10  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown that apologies be received for Councillors Bernard Bratusa, Prue Car and Michelle Tormey.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 9 February 2015

PRC 11  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor John Thain that the minutes of the Policy Review Committee Meeting of 9 February 2015 be confirmed.

 

DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

1        Signs Policy                                                                                                                       

PRC 12  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Signs Policy be received.

2.    A Policy be drafted confirming Council’s position toward movable signage on Council owned and public land.

 

3        Planning Proposal for Glenmore Park Stage 2 (Precinct C)

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

Councillor Kevin Crameri OAM left the meeting, the time being 7:51pm.                                   

PRC 13  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.    The information contained in the report on Planning Proposal for Glenmore Park Stage 2 (Precinct C) be received.

2.    Council commence a Gateway process for the ultimate consideration of a Planning Proposal for Glenmore Park Stage 2 (Precinct C) in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

3.    The General Manager be granted delegation to update and finalise the Planning Proposal, written instrument and associated maps before submitting it to the Department of Planning & Environment seeking a Gateway Determination.

4.    Council publicly exhibit the Planning Proposal for Glenmore Park Stage 2 (Precinct C) in accordance with the community consultation requirements under s57 of the EP&A Act, and in a form consistent with any revisions of the Planning Proposal directed by the Department of Planning & Environment as part of the s56 Gateway Determination.

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 Maurice Girotto                       

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 7:52pm.

 

2        Development Control Plan 2014 - Outcomes of Public Exhibition

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

Councillors Tricia Hitchen, John Thain, Marcus Cornish and Ben Goldfinch left the meeting, the time being 7:53pm.

Councillors Tricia Hitchen and John Thain returned to the meeting, the time being 7:55pm.

Councillor Ben Goldfinch returned to the meeting, the time being 7:57pm.

Councillor Marcus Cornish returned to the meeting, the time being 7:59pm.

Councillor Greg Davies left the meeting, the time being 8:04pm.

Councillor Greg Davies returned to the meeting, the time being 8:11pm.

Councillor Jim Aitken OAM left the meeting, the time being 8:17pm.

Councillor Jim Aitken OAM returned to the meeting, the time being 8:21pm.

Councillor Marcus Cornish left the meeting, the time being 8:56pm.

Councillor Marcus Cornish returned to the meeting, the time being 9:00pm.

                                                                                                                                                      

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

That:

1.    The information contained in the report on Development Control Plan 2014 - Outcomes of Public Exhibition be received.

2.    In accordance with the Environmental Planning and Assessment Act 1979 and Regulations 2000, Council adopt Penrith Development Control Plan 2014, as tabled (provided under separate cover on Council’s website), amended in accordance with the recommendations for each chapter in Attachment 3 (provided under separate cover on Council’s website).

3.    The General Manager be delegated authority to make any necessary minor changes required to the Development Control Plan 2014 in accordance with Council’s adopted policy position before notification in the newspaper.

4.    In accordance with the Environmental Planning and Assessment Regulations 2000, Council give public notice of its decision in a local newspaper within 28 days, with the Development Control Plan coming into effect immediately upon notification in the newspaper. 

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 Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Mark Davies

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Outcome 4 - We have safe, vibrant places

 

4        Trial Pop Up Park Penrith, Final Evaluation Report                                                     

PRC 15  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Karen McKeown

          That the item on Trial Pop Up Park Penrith, Final Evaluation Report be deferred to a       future Policy Review Committee meeting.

 

5        The Penrith Mayoral Challenge- Youth Participation and Placemaking Pilot Project

Place Manager, Jeni Pollard introduced the report and gave a presentation.

Councillor Ben Goldfinch left the meeting, the time being 9:05pm.

 

         

PRC 16  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain

That:

1.    The information contained in the report on The Penrith Mayoral Challenge- Youth Participation and Placemaking Pilot Project be received.

2.    That Council endorse the implementation of an annual Penrith Mayoral Challenge as a three year pilot project.

 

 

Outcome 5 - We care about our environment

 

Councillor Ben Goldfinch returned to the meeting, the time being 9:11pm.

 

6        Appointment to the Floodplain Risk Management Committee and Floodplain Management Working Party                                                                                            

A MOTION was MOVED by Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1.   The information contained in the report on Appointment to the Floodplain Risk Management Committee and Floodplain Management Working Party be received.

2.   Councillor Marcus Cornish be appointed as a member of the Floodplain Risk Management Committee and Floodplain Management Working Party.

3.   A further report be presented to a future Policy Review Committee Meeting on merging both meeting forums into a Steering Committee.

The MOTION was PUT.

The MOTION was LOST.

Councillor Jim Aitken OAM requested a show of hands and names to be recorded:

For

Against

 

Councillor Maurice Girotto                       

Councillor Greg Davies

Councillor Kevin Crameri OAM

Councillor John Thain

Councillor Jim Aitken OAM

Councillor Karen McKeown

Councillor Mark Davies

Councillor Ben Goldfinch

Councillor Marcus Cornish

Councillor Tricia Hitchen

 

Councillor Ross Fowler OAM

 

Councillor Jim Aitken OAM left the meeting at 9:17pm and did not return.

 


 

Outcome 7 - We have confidence in our Council

 

7        2015 Australian Local Government Association (ALGA) National General Assembly of Local Government                                                                                                             

PRC 17  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia  Hitchen

That:

1.    The information contained in the report on 2015 Australian Local Government Association (ALGA) National General Assembly of Local Government be received.

2.    Council nominate His Worship the Mayor, Councillor Ross Fowler OAM as its voting delegate for the 2015 National General Assembly of Local Government.

3.    Council nominate Councillor Marcus Cornish to attend as an observer at the 2015 National General Assembly of Local Government.

4.     Any other interested Councillors be nominated to attend as observers and to advise the General Manager as soon as possible.

5.    Leave of Absence be granted to all Councillors attending the 2015 National General Assembly of Local Government to be held in Canberra from 14-17 June 2015.

6.    Council endorse the draft motions appended to the report relating to Financial Assistance Grants and Pensioner Rebates and submit to the 2015 National General Assembly.

7.    A further report detailing further suggested motions be considered at Council’s Ordinary meeting to be held on 23 March 2015. 

 

URGENT BUSINESS

 

UB 1           Home/Front 100 Year Commemoration        

Councillor Karen McKeown requested that an amount of $5,000 be allocated equally from each Ward’s voted works to the launch of the Home/Front 100 Year Commemoration of the Gallipoli campaign, this being a civic event for the Governor, General David Hurley, to officially open the exhibition.

PRC 18  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the matter be brought forward and dealt with 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.

 

PRC 19  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that an amount of $5,000 be allocated equally from each Ward’s voted works to the launch of the Home/Front 100 Year Commemoration of the Gallipoli campaign, this being a civic event for the Governor, General David Hurley, to officially open the exhibition.

 

UB 2           Nepalese New Year Event  

Councillor Mark Davies requested that that the hall hire fees for the Nepalese New Year event being held on 11 April 2015 be waived.

PRC 20  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the matter be brought forward and dealt with 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.

 

PRC 21  RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Greg Davies that the hall hire fees for the Nepalese New Year event being held on 11 April 2015 be waived.

 

Note:  Please refer to Minute No. 55 of the Ordinary Meeting of 23 March 2015, for amended resolution.

 

UB 3           Leave of Absence - Councillor Ben Goldfinch      

Councillor Ben Goldfinch requested leave of absence for 3 weeks commencing from the date of birth of his second child which will be advised.

PRC 22  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies that the matter be brought forward and dealt with 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.

 

PRC 23  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Mark Davies that leave of absence be granted to Councillor Ben Goldfinch for a period of 3 weeks commencing from the date of birth of his second child which will be advised.

 

There being no further business the Chairperson declared the meeting closed the time being 9:42pm.

    


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                       Page

 

 

Outcome 2 - We plan for our future growth

 

1        Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland                     1

 

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

 

2        Nepean District Tennis Association - Licence Agreement and Facility Development at Woodriff Gardens                                                                                                                            13

 

3        Synthetic Sports Surfaces Feasibility Study                                                                    19

 

 

Outcome 7 - We have confidence in our Council

 

4        Regional Strategic Alliance - Co-operation and Management Agreement                      26

 

 


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 1 - We can work close to home

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                       Page

 

1        Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland                     1

 

 

 



Policy Review Committee Meeting                                                                      20 April 2015

 

 

 

1

Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland   

 

Compiled by:               Matthew Rose, Senior Planner

Authorised by:            Paul Grimson, City Planning Manager  

 

Outcome

We plan for our future growth

Strategy

Protect the City's natural areas, heritage and character

Service Activity

Undertake priority planning projects and statutory processes that contribute to Penrith's role as a Regional City

      

 

Executive Summary

This report presents a proposed submission on the NSW Office of Penrith Lakes’ Draft Vision Plan for Penrith Lakes Parkland for Council’s consideration and endorsement. 

Background

Since the 1980s the Penrith Lakes Development Corporation (PLDC) has operated a sand and gravel quarry at the Penrith Lakes Scheme (the Scheme).  The quarrying activities and rehabilitation of the Scheme is governed by a 1987 Deed of Agreement (the Deed) between PLDC and the NSW Government.  The Deed also provides for the transfer of lakes and some land to the NSW Government when quarrying finishes as a major parkland and lakes system.

 

With quarrying drawing to a close, PLDC is rehabilitating the Scheme in accordance with the requirements of the Deed and in preparation for its transfer to the NSW Government.  However, the basic park facilities required by the Deed will not meet contemporary standards for parks.  Additional work is needed to plan and develop the Scheme to deliver parkland beyond the standards envisaged in the Deed.

 

In 2011, the NSW Government established the Office of Penrith Lakes (OPL) to oversee the completion of the Scheme’s rehabilitation and prepare a Vision Plan to act as a guide for future development of the Scheme.  In 2013, OPL, in partnership with the Government Architect’s Office, conducted a Vision Workshop involving design consultancies, design critics and selected stakeholders.  The workshop was the first step in developing the draft Vision Plan for Penrith Lakes Parkland (the Plan).

 

The Plan draws on the history, natural values, cultural heritage and scenery of the Scheme to establish its values and provide direction for its development into a regional, water based parkland supported by some urban development (the Parkland).  The Plan is intended as a starting point for discussion about what the broader community thinks would be best for the future Parkland. 

 

The Plan indicates how the 1,940 hectare Scheme could provide a range of possible active and passive recreation uses as well as urban development, providing information on the opportunities and challenges that these uses and activities present.  It indicates approximate areas for parkland (830 hectares), recreational lakes (640 hectares) and water quality treatment ponds (148 hectares), leaving the remaining 322 hectares as an urban investigation area.  Attachment 1 of this report is a map extracted from the Plan that demonstrates some of the proposed uses and activities, including the urban investigation area.

 

In December 2014 Michael Toohey (A/Executive Director  Venues NSW) and Andrew Putt (A/Director Office of Penrith Lakes) presented the Plan to Council.  OPL also commenced consultation on the Plan, inviting Council and the community to make a submission.  OPL intends to use the results of the consultation to inform the development of a governance structure and planning framework for the Parkland to achieve a balance of opportunities for recreation, conservation and development.

 

Proposed Submission

The Scheme provides a significant opportunity to create an outstanding place of water-based recreation easily accessible by Penrith’s and Western Sydney’s communities.  New green space for passive and active recreation, sporting events, and environmental experiences will service Penrith and Western Sydney’s growing populations.  These uses will complement the Sydney International Regatta Centre and Penrith White Water Centre, and contribute to Penrith City’s economy by creating new jobs in the leisure and tourism industry sectors.  The Parkland will also provide a place to celebrate with special events, performances and festivals.

The Parkland also provides the opportunity to deliver quality and diverse homes to meet housing targets, as well as showcase and study world class land and water rehabilitation and management practices.  The Parkland will help manage the impacts of climate change on Penrith City, with new water bodies and trees helping to cool the City and provide a place of respite.  The Parkland also has significant capacity to provide cultural, educational, environmental and historical experiences.

However, to deliver a liveable and sustainable place, the key environmental issues of water quality and flooding require careful consideration, planning and management.  The governance structure and funding for the delivery, maintenance and management of the Parkland is also key.

Attachment 2 provides a proposed submission.  This submission is based on the key objectives and land use preferences developed for the Scheme in 2000/01 by a Council Working Party.  Since that time, these objectives and land use preferences have been consistently advocated to the NSW Government and the Penrith Lakes Development Corporation in the many and varied master planning exercises carried out by these organisations.  The 2000/01 objectives and preferences were reviewed by Council in February 2015.  The proposed submission builds on that review and confirms the objectives and preferences and, where necessary, refines and expands them to be relevant for today.  The proposed submission addresses the following matters:

1.       A program of broad community and stakeholder consultation in the refinement of the Plan and creation of subsequent documents such as the proposed planning framework, plan of management and development controls.

2.       The management of water quality and flooding to ensure the safety of visitors and communities in the Parkland and an equitable distribution of flood free land for recreation, sporting, tourism and development opportunities.

3.       The provision of the space, services, facilities and infrastructure, both public and private, required to support and encourage as broad a range as possible of recreational and sporting activities, including special events, which in turn stimulate visitation.

4.       The planning of sustainable communities to ensure that environmental factors, including safe and effective flood evacuation, are considered, social infrastructure delivered, and jobs are provided close to homes.

5.       The identification, funding and delivery of the infrastructure required to service the Parkland and connect it with the City, Nepean River and wider area.

6.       The retention of existing and delivery of additional cultural, educational, historical facilities and interpretive programs.

7.       The establishment and connection of new wildlife habitat with existing habitats, including the Nepean River and Blue Mountains National Park.

8.       The provision of public access as early as possible to the Parkland.

9.       The creation of a governing structure and sustainable funding model for the delivery, maintenance and management of the Parkland and its infrastructure.

Proposed Next Steps

The proposed submission will, if necessary, be amended to include any further Council feedback before it is submitted to OPL before 30 April 2015.

It is anticipated that a number of reports on the planning of the Scheme will be presented to Council over the coming months.  These are likely to include the results of the consultation on the Draft Vision Plan for Penrith Lakes Parkland, and subsequent consultation exercises on the planning framework, plan of management and development controls for the Scheme.  

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland be received.

2.    The Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland be endorsed for submission to the NSW Office of Penrith Lakes, subject to the inclusion of any additional matters that Council wishes to raise.

3.    The results of the NSW Office of Penrith Lakes consultation on the Draft Vision Plan for Penrith Lakes Parkland be reported to Council when published. 

 

 

ATTACHMENTS/APPENDICES

1.  

Map - Extract of Draft Vision Plan for Penrith Lakes Parkland

1 Page

Attachments Included

2.  

Proposed Submission on Draft Vision Plan for Penrith Lakes Parkland

16 Pages

Attachments Included

   


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 3 - We can get around the City

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 4 - We have safe, vibrant places

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


 

 

Outcome 5 - We care about our environment

 

 

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


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


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

 

Item                                                                                                                                       Page

 

2        Nepean District Tennis Association - Licence Agreement and Facility Development at Woodriff Gardens                                                                                                                            13

 

3        Synthetic Sports Surfaces Feasibility Study                                                                    19

 

 

 

 



Policy Review Committee Meeting                                                                      20 April 2015

 

 

 

2

Nepean District Tennis Association - Licence Agreement and Facility Development at Woodriff Gardens   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager 

Requested By:            Councillor Bernard Bratusa

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Manage sport and recreation facilities, programs and services

      

 

Executive Summary

This report outlines the proposed terms of a new licence agreement with the Nepean District Tennis Association (NDTA) for the operation of Woodriff Gardens. It also identifies that a Facility Development Proposal has been received from NDTA and Tennis NSW highlighting the need to upgrade the 14 courts at Woodriff Gardens to a plexi-cushion surface. The cost of this project is estimated at $502,500 and there is a request that Council provide $352,500 towards this project.

 

The report recommends that Council enters into a licence agreement with NDTA for a period of up to 5 years and that this is advertised in accordance with the requirements of the terms of s.47A, and process outlined in s.47, of the Local Government Act 1993. It also recommends that the remaining $352,500 be allocated from the 2015-16 Parks Asset Renewal Program ($65,000), the Telecommunications Access Fund (TAF) Reserve ($145,000) and a loan against internal reserves in advance of the proposed licence fee from NDTA ($142,500) to upgrade the courts at Woodriff Gardens to a plexi-cushion surface.

Background

At Council’s Policy Review Committee Meeting on 11 August 2014 a report was presented titled ‘Lease Arrangements – Nepean District Tennis Association, Penrith Cricket Club, Penrith Rugby Union Football Club’. There were a number of resolutions emanating from Council’s consideration of this report, with the following relevant to the operations of the Nepean District Tennis Association at Woodriff Gardens:

 

‘A revised agreement of use for Woodriff Gardens is finalised between Nepean District Tennis Association and Penrith City Council.’

 

‘A further report be presented to Council on arrangements with Nepean District Tennis Association with respect to future licence and maintenance agreements.’

 

A report was subsequently presented to a briefing of Council on 3 November 2014 outlining

maintenance and renewal responsibilities for the facilities at Woodriff Gardens, Cook Park,

Andrews Road and Howell Oval. The report also provided a financial analysis outlining the

operations of the facility hirers and expenditure on maintenance and renewal at the venues

by both Council and the occupant. The report identified that in comparison to hire and

licence agreements that Council has with other sports ground facility users, the main

obligations that the Nepean District Tennis Association (NDTA) has to undertake, as part of

its current lease conditions, that others do not, include:

 

-        Sports surface maintenance and replacement.

-        Grounds maintenance.

-        Floodlight replacement and maintenance/repair of associated infrastructure.

-        Removal of waste and garbage.

-        Repairing all broken or damaged plumbing, lighting, heating, electrical equipment and other fixtures and fittings of the lessor.

-        Paint, colour and paper with materials, all parts of the premises previously painted, coloured or papered.

 

It was agreed, at the meeting, that further negotiation should be held with NDTA to determine agreed terms of a licence for the ongoing management of Woodriff Gardens. The licence agreement will replace the existing lease agreement which expired in 2012 at the end of a 20 year agreement. An initial proposal was presented to NDTA for its consideration, in November 2014, suggesting:

 

-        The existing rental fee remains the same in 2014/15 (increased subsequently annually by CPI) and is placed into a Woodriff Gardens budget reserve in Council. This budget will be utilised, as long as funds are available in the Reserve, for court repairs (daily court maintenance will remain NDTA’s responsibility) and grounds maintenance.

-        Council will be responsible for payment of floodlighting repair (including bulb replacement) and maintenance, waste/garbage collection, and fence repairs utilising the annual tennis court maintenance operational budget.

-        Court replacement, and facility asset renewal, will need to be incorporated into Council’s future asset renewal programs.

 

Since this proposal was presented to NDTA in November, a joint submission has been received from Tennis NSW and NDTA outlining a facility development plan for Woodriff Gardens and potential funding contributions towards realising this plan from Tennis Australia and the NSW State Government. NDTA have also provided a response in relation to the terms of a licence agreement.

 

Current Situation

 

i)        Facility Development

 

In March 2015, Tennis NSW and NDTA submitted a Facility Development Proposal (Attachment 1)  to Council Officers that identifies the replacement of the existing synthetic court surfaces with a plexi-cushion surface across all 14 courts at Woodriff Gardens. An estimated cost of $502,500 has been provided for the project with the indications that Tennis Australia will contribute $75,000 as part of its National Court Rebate Scheme. This Scheme only funds ‘grand slam’ surfaces which includes plexi-cushion. Indications have also been provided by Tennis NSW that a further $75,000 could be realised from the NSW Government.

 

Council’s Tennis Development Plan, completed in 2012 identified that $280,000 was required to be expended at Woodriff Gardens to renew the court surfaces, on a like for like basis (i.e. synthetic courts). To date Council has financed interim repairs to the court surfaces on an ‘as needed’ basis with major investment placed ‘on hold’ until a resolution on the future of the Jane Street Extension and the development of a Regional Tennis Facility at Penrith Panthers is reached.

 

In the instance of Jane Street it has been determined that the Woodriff Gardens tennis complex will be unaffected by any road development and upgrade proposals in the first stage. Secondly, in relation to the Regional Tennis Facility development, Tennis NSW , NDTA and Penrith Panthers have been continuing to develop facility concept plans. In addition, Tennis NSW has incorporated the proposed facility into a package of tennis venues for which it is seeking funding from the NSW State Government. Furthermore, as part of both Tennis NSW and Council’s submission to the NSW Government’s ‘Future Needs of Sport’ Study, the Regional Tennis Facility has been listed by both organisations as a priority project. At this stage there has been no indication of significant funding being realised for the Regional Tennis Facility.

 

Given the current situation: where the courts will be unaffected by previously proposed road extensions; the construction of a Regional Tennis Facility is unlikely in the next 3-5 years; there is currently significant maintenance and surface renewal required to enable tennis events and programs to continue to be provided; and the evidence presented in the Facility Development Proposal by Tennis NSW and NDTA in relation to participation numbers at the complex and the value for money provided, it appears that court surface upgrades, as proposed, presents an appropriate course of action. Letters of support have been provided by Tennis Australia, Tennis NSW and the President of the NDTA on behalf of the Association (Attachment 1).

 

ii)       Licence Agreement

 

In the letter from the President of the NDTA, a proposal has been submitted for a future licence agreement which takes into consideration the proposed court surface upgrades. It is proposed by the NDTA that:

 

-        Council and NDTA enter into a licence agreement for 5 years, renewable for a further 5 years.

 

-        Penrith City Council provides:

Grounds maintenance (lawns, weeding etc).

Building, property and infrastructure maintenance and replacement.

Garbage removal from central pick up bins.

Fence and lighting repairs maintenance and replacement.

 

-        NDTA provides:

Daily court maintenance.

Daily cleaning of public amenities including bathrooms/showers/toilets.

Removal of rubbish from small bins to central pick up bins.

Daily cleaning of clubhouse and surrounds.

An extensive range of tennis coaching, competition, tournament programming, and social court hire to the community seven days a week.

Trained staff to facilitate delivery of all programs seven days a week.

$2,375 per month, indexed annually for 60 months as a contribution to the initial court resurfacing cost.

 

The proposal from the NDTA is not dissimilar to that proposed by Council Officers in November 2014 and would resolve the disparity between the NDTA’s responsibilities and those of other sports clubs and associations utilising Council sports venues, highlighted in the report provided to Council on 3 November 2014. It is also more in keeping with the terms of a licence agreement where, typically, the responsibilities are less onerous on the licencee than on a lessee in a lease agreement (which is what the NDTA have previously operated under). In adopting these terms, the implications are that a portion of Council’s annual tennis court maintenance budget will be reallocated to Woodriff Gardens, and that Council’s future asset maintenance and renewal plans will need to include the appropriate budget allocation to Woodriff Gardens from within existing resources.

 

Entering into a licence agreement will require that  in accordance with the Local Government Act 1993, if a licence does not exceed 5 years (which in this case it does not), then it needs to be advertised in accordance with the notification procedures outlined in s.47, stated as:

 

(a)     give public notice of the proposal, and

(b)     exhibit notice of the proposal on the land to which the proposal relates, and

(c)     give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

(d)     give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

 

Should Council endorse the recommendations of this report, Council Officers will make the

necessary arrangements to finalise and advertise the intention to enter into a licence

agreement with the NDTA for the operation of Woodriff Gardens Tennis Complex.

 

Financial Services Manager’s Comment

The report proposes facility development works to the value of approximately $502,500 with the anticipation of contributions from Tennis Australia & the NSW Government totalling $150,000.  In addition the NDTA have proposed to a contribution of $142,500 to be paid in monthly instalments over the next five years in lieu of a licence fee and have requested that Council forward fund this contribution via an interest free loan.  Based on Council’s current investment returns the interest free loan would equate to an implied subsidy of approximately $12,200.

 

The remaining required funding of $210,000 for the project has been proposed by Tennis Australia as Council’s contribution. This report recommends that Council’s contribution could be provided by an allocation of $65,000 from the 2015-16 Parks Asset Renewal Program and that the remaining $145,000 could be accommodated from within the available funds within the Telecommunications Access Fund (TAF) Reserve.  This internal reserve has been established by Council to collect rental payments in relation to telecommunications towers that are located within the City’s recreational and open spaces, with the intention of directing these funds back into enhancing these recreational spaces.  The projected closing balance of the TAF Reserve as at 30 June 2016 is $342,123, prior to this proposed allocation.

 

The proposed Structure of the Licence agreement involves NDTA providing $2,375 per month as a contribution to the initial court resurfacing cost.  In addition, the licence agreement should include provision for annual indexation. At present, any surplus generated by lease payments and other tennis court operations after operational and maintenance costs, are channelled to the Recreation Reserve. As the proposal will transition the licence fee to essentially be a loan repayment, it is estimated that the Recreation Reserve will be directly impacted and is predicted to reduce to a nil balance within the next two years.  A future report is proposed to be presented to Councillors to discuss the future of the current Recreation and TAF Reserves and to give consideration to combining these two Reserves and updating the purpose and use of the Reserve(s) funds to reflect a contemporary Citywide use.

 

With Council proposing greater responsibility for maintenance being passed on to Council within the recommended agreement, additional annual costs of $14,000 and $22,000, excluding asset renewal, will need to be accommodated within existing operational budgets.  Provision within the Parks Asset Renewal Program will also need to be made for future asset renewal over the next 5-10 years, which can be supplemented by any further licence fee and agreement following the repayment of the internal loan over the initial licence term.

Conclusion

Nepean District Tennis Association, at Woodriff Gardens, is the only venue in the City providing a full and integrated range of tennis programs including coaching, competition, tournaments and social play. Council’s adopted Tennis Development Plan identifies that the Woodriff Gardens Tennis Complex should continue to be the focus for the conducting of a range of tennis tournaments and events that benefit the region.

 

In the last 12 months, Nepean DTA has recorded 2,000 coaching pupils, 1,000 competition

registrations, 1,980 tournament players and 8,243 registered tennis players. The facility is open 73 hours a week with a court occupancy of 51.2% which is considered high in relative terms.

 

The Tennis Development Plan also identified that the NDTA has key strategies for the NDTA and the Woodriff Gardens Tennis Complex, including:

 

-     Expanding the coaching program (increase coaching students to 500)

-     Increase membership (10% increase annually)

-     Increase competition players (modernised competition structure and focus on representative tennis)

-     Implementing a sponsorship program (enhance commercial viability)

-     Maximise profitability and participation in tournament calendar.

-     Implement NDTA branding campaign

 

A key deliverable that impacts the success of the NDTA’s strategy is the resurfacing of the courts to a Tennis Australia endorsed player development surface, in this case, plexi-cushion.

 

With most of the participation in tennis in the City focussed at Woodriff Gardens, there is value in focussing funding towards this Centre where there is professional management in place and the support of Tennis NSW and Tennis Australia for both, the NDTA, as well as the ongoing development of programs and events at the venue.

 

The Facility Development Plan provided by NDTA and Tennis NSW outlines that surface upgrades are essential for the ongoing sustainability of the site, the Association, and tennis in the City, particularly as the development of a Regional Tennis Facility does not appear to be imminent.  Should the Regional Tennis Facility be realised, Tennis NSW have indicated through its letter of support for the court resurfacing project that:

 

‘Should a regional tennis facility proposal be realised in Penrith in the future, then Woodriff Gardens would remain a very important asset to service the strong demand for tennis in LGA and assist in delivering even more events in the future for Western Sydney. Both facilities would be able to operate together in the LGA and service the need for tennis in Penrith and the broader region.

 

If this investment is realised, Tennis NSW would confidently be able to maintain the events program at the site for up to a period of five years to be reviewed annually. With the court upgrades the facility will meet national standards which means the events program can continue to operate.’

 

A renewed licence agreement will support the investment in tennis court surface upgrade investment ensuring that the operations of the facility continue professionally and community outcomes are supported. Furthermore, it will contemporise the existing lease agreement and ensure that the terms of management and operation of the facility are consistent with existing hire agreements at other sports venues across the City.

 

RECOMMENDATION

That:

1.    The information contained in the report on Nepean District Tennis Association - Licence Agreement and Facility Development at Woodriff Gardens be received.

2.    A licence agreement be finalised with Nepean District Tennis Association for the operation of Woodriff Gardens for a period of five years, renewable for a further five years, including the following terms:

Penrith City Council provides:

a.   Grounds maintenance (lawns, weeding etc).

b.   Building, property and infrastructure maintenance and replacement.

c.   Garbage removal from central pick up bins.

d.   Fence and lighting repairs maintenance and replacement.

 

NDTA provides:

e.   Daily court maintenance.

f.    Daily cleaning of public amenities including bathrooms/showers/toilets.

g.   Removal of rubbish from small bins to central pick up bins.

h.   Daily cleaning of clubhouse and surrounds.

i.    An extensive range of tennis coaching, competition, tournament programming, and social court hire to the community seven days a week.

j.    Trained staff to facilitate delivery of all programs seven days a week.

k.   $2,375 per month indexed annually for 60 months as a contribution to the initial court resurfacing cost with a rent review prior to any future licence renewal.

 

3.    The draft licence for the management and operation of Woodriff Gardens Tennis Complex by Nepean District Tennis Association be advertised in accordance with the terms of s47a of the Local Government Act 1993 with a further report to be presented to Council.

 

4.    Council’s contribution of $210,000 and the establishment of an internal loan of $142,500 be provided as outlined in the report.

 

5.    Council endorse the acceptance of the Tennis Australia contribution of $75,000 and the NSW Government contribution of $75,000.

                            

 

 

 

 

ATTACHMENTS/APPENDICES

1.  

Facility Development Proposal and Letters of Support

12 Pages

Attachments Included

  


Policy Review Committee Meeting                                                                      20 April 2015

 

 

 

3

Synthetic Sports Surfaces Feasibility Study   

 

Compiled by:               Virginia Tuckerman, Recreation Co-ordinator

Authorised by:            Andrew Robinson, Recreation Manager 

Requested By:            Councillor Bernard Bratusa

 

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

 

Presenters:                  Martin Sheppard - Smart Connection Consultancy - Synthetic Sports Surfaces      

 

Executive Summary

Martin Sheppard, of Smart Connection Consultancy, the leading Australian industry expert in the supply, installation, operation and use of all weather synthetic surfaces has completed a Synthetic Sports Surfaces Feasibility report (Attachment 1) that addresses:

 

-    Needs and demand for synthetic sports fields in the Penrith Local Government Area

-    Consideration of potential sites for synthetic sports fields

-    Cost and financial implications of installing a synthetic sports field, as well as management and programming

-    Synthetic surface options and turf technology

-    Environmental impact and sustainability

-    Health and safety and risk management.

 

The report identifies that should it be determined that a synthetic sports surface be required in the City then the following sites should be prioritised:

 

-    Jamison Park, South Penrith

-    South Creek Park, St Marys

-    Parker Street, Penrith

-    Harold Corr Oval, Cambridge Park

-    Cook Park, St Marys

 

In prioritising these sites, further consultation will be required with existing sports ground users to agree on appropriate field configuration, location on the site, fees and charges for use, and operational and management methodology before progressing to the identification of the budget required and commencing the development process.

 

The report also recognises that in previous plans for the active recreation area of the Central Precinct in the St Marys Release Area, provision of a synthetic sports field was identified. 

 

It is recommended that the information in the report be received.

 

 

 

 

 

Background

At Council’s Policy Review Committee Meeting, held on 11 March 2013, it was determined that rather than provide improved irrigation to fields in Jamison Park consideration should be given to the provision of an all weather synthetic turf field. Subsequently, Councillors were presented with an initial report about synthetic sports surfaces at the Recreation Working Party in July 2013.

 

Current Situation

Smart Connection Consultancy was engaged in March 2014 to provide answers to the following questions in relation to synthetic sports surfaces:

 

-       Does the City need to embrace synthetic sports surface technology to enhance how it supports recreation and sports usage?

-       What considerations regarding sports surface technology does Council need to be cognisant of?

-       Strategically, what should Council be considering for the use and support for synthetic surfaces and what should be the vision?

-       What sites, if demand is warranted, should be considered for synthetic sports surfaces?

 

After a process of research, a workshop with key sports ground user groups, and consultation with Council Officers, Smart Connection Consultancy has provided the draft Synthetic Sports Surfaces Feasibility Study attached to this Council report.

 

The report identifies that presently the number of fields across the City could, under normal weather conditions, cope with the majority of needs. The report indicates that, as the population grows over the next 15 years, the projected latent recreation demand, if converted into participation, could impact on current natural turf fields if planned field development is not realised and improvements to existing sportsgrounds (including those currently unused during winter), are not implemented. Consequently the feasibility study recommends that:

 

‘As the community continues to grow, annually reconsider the need for specific sports use of synthetic turf, especially for football and rugby league.’

 

Outside of organised sport, the report highlights a major shift in trends regarding recreation need and that is a trend towards the ‘casualisation’ of sport. This trend has been identified as a result of extensive research by the Australian Sports Commission and CSIRO in the ‘Future Needs of Australian Sport’ publication. The publication highlights the need for consideration to be given to the rapidly growing market in the community that want to participate in recreational activity but, not as part of a formal organised club, rather in casual competition which may not be based on ‘traditional’ sports. To this extent the study identifies that Council should consider the development of multi-use games areas around the City allowing the promotion of informal recreation. Multi-use games areas afford the opportunity for the use of informal recreational areas for activities such as 5-a-side football, basketball, netball and tennis all on the same size small field.

 

The feasibility study recommends:

 

‘Council consider investment in multi-use games areas for new growth areas to encourage recreation/play opportunities for the local communities.’

 

The study also identifies that multi-use games areas should be considered in ‘active parks’ which may not be large enough for a full field but would satisfy the needs of the local community.

 

In relation to site assessment the feasibility study outlines that a site evaluation process was undertaken based on established site selection criteria. As a result of this process the feasibility study concludes that should Council progress with the installation of a synthetic sports surface the site priority ranking order should be:

 

-       Jamison Park, South Penrith

-       South Creek Sporting Precinct (South Creek Park), St Marys

-       Parker Street, Penrith

-       Harold Corr Oval, Cambridge Park

-       Cook Park, St Marys

 

In addition to these sites, the Synthetic Surfaces Feasibility Study notes that early planning for the active open space at the St Marys Release Area Central Precinct includes provision for an all weather synthetic sports surface. Since the report was completed, Lend Lease has confirmed that it will be commencing a more detailed recreation planning exercise to determine the active recreation facility provision in that area.

 

Financial considerations of installing a synthetic surface are included in the Synthetic Surfaces Feasibility Study. The report explores the financial considerations, for a full sized football pitch, from a number of aspects including:

 

-       The expense commitment, which includes:

The whole of life costs of a typical synthetic pitch installation

The annual maintenance costs

The replacement costs after an expected life of 10 years.

 

-       The ability to generate revenue to offset the investment:

The pricing strategy

The return on investment.

 

The capital investment and installation cost, calculated on the mean price of tenders submitted in the 2013/14 financial year for projects predominantly in Sydney, is $1.510m per field, broken down into: pitch costs of $1.108m and ancillary costs (fencing, lighting, equipment) $401,450.

 

The recurring maintenance costs vary between $15,500 per annum for fields used under 40 hours per week to $25,500 for fields used over 60 hours per week. It is anticipated that any field in Penrith would be used approximately 50 hours per week with an annual estimated maintenance cost of $20,500. These maintenance costs cover eight hours of maintenance per week including routine professional grooming that is essential for appearance, playability and preventative maintenance, in order to maximise the field’s life expectations. The costs are based on an external maintenance company meeting the suggested requirements of the turf provider and that there is suitable machinery in the area to do the maintenance.

 

In terms of field surface, shockpad and ancillary replacement an annual amortised cost (plus annual CPI) would need to be considered as follows:

 

-    Amortisation over 10 years: $42,769 per annum

-    Amortisation over 20 years: $48,941

-    Amortisation over 30 years: $46,884

 

As far as return on investment is concerned, some councils take the view that the capital cost is a commitment from their capital works program that they make to install the field and the recurring revenue is what needs to be addressed in the pricing strategy, as that is actually what funds the maintenance and the replacement costs. The following table indicates the maintenance and replacement costs return on investment per hour of use.

 

 

Should Council determine that a synthetic surface is to be installed in the Penrith LGA, in consideration of the financial implications, there are a number of strategic considerations that will need to be made, particularly determining the need for, or the appropriate level of return on investment required to address some, or all, of the whole of life costs. For example, but not limited to:

 

-        Is the facility to be subsidised similar to natural turf facilities?

-        Could the facility be offered free to authorised clubs for a defined period to let other fields ‘rest’?

-        Is a concessionary rate to be applied to local clubs, schools, juniors etc.?

-        Will a commercial rate be set where organisations (and community groups) aim to make money out of the facility?

 

At synthetic all weather facilities users can be charged, as an indication, anywhere between $45 - $70 per hour for use of a full size playing field.

 

Conclusion

Increasingly, in response to issues related to sports ground capacities and also the need to improve the health of communities, councils, sports organisations and schools are seeking to create opportunities for more people to be more active, more often. As a result, a number of all weather synthetic sports surfaces have been installed across the country, some of which are single sport, many of which are multi-sport facilities.

 

However, while synthetic surface technology is becoming more common in Australia with more than 50 football (soccer) pitches laid in Victoria in the past 5 years, this still represents less than 0.1% of the total pitches in the state of Victoria. NSW has had less than 20 installed in the past three years which is less than 0.5% of all fields.

 

A project to install an all weather synthetic playing field surface requires the appropriate level of planning to be completed to ensure that clubs,  associations, schools and other potential user groups understand the aims and objectives of the provision of such a facility. It is important that they embrace operational and management change that would be associated with such a multi-purpose venue as well as the potential financial implications of paying a higher rate of fees and charges compared to current rates for use of the field. Other operational challenges that could be worked through as the design phase progresses is reviewing day to day management (e.g. booking and allocation management, ongoing user consultation, cleaning/maintenance etc.) and also design detail for other elements of the site (e.g. amenity building and provision to accommodate multiple sports in changing, storage, sharing the canteen etc.).

 

Given that:

 

-        there is no identified current financial resource availability within Council;

-        there are a number of planned future sports field developments including the possibility of including a synthetic surface at the Central Precinct of the St Marys Release Area;

-        improvements continue to increase the capacity of existing sports grounds through the Parks Asset Renewal program as well as utilising developer and grant contributions for facility upgrades;

-        there are fields currently unused during the winter months (which could be activated with investment);

-        population growth has yet to translate into recreation participation;

 

the development of a synthetic sports surface is not required at this time.

 

It is recommended that, in accordance with the recommendations of the Synthetic Sports Surfaces Feasibility Study, the position be reconsidered annually, as the community continues to grow, in relation to the need for specific sports use of synthetic turf, especially for football and rugby league.

 

It is also recommended that Council Officers review the emerging recreation trends and the potential opportunities afforded by multi-use games areas as identified in the Study. There are a number of sites that can be considered for this type of facility. Typically, in other Council areas, these facilities have been created through ‘reinventing’ existing tennis facilities, bowling greens and the like. Officers have worked with Lend Lease in the development of the Village Oval facility to create a recreation precinct including multi-use courts, while the ongoing upgrades to Jamison Park will realise a small short-sided soccer and basketball court. Officers will continue to investigate sites, including tennis facilities for conversion into multi-use games areas.

 

 

RECOMMENDATION

That the information contained in the report on Synthetic Sports Surfaces Feasibility Study be received.

 

 

ATTACHMENTS/APPENDICES

1.  

Synthetic Surfaces Feasibility Study

95 Pages

Attachments Included

   


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                       Page

 

4        Regional Strategic Alliance - Co-operation and Management Agreement                      26

 

 

 



Policy Review Committee Meeting                                                                      20 April 2015

 

 

 

4

Regional Strategic Alliance - Co-operation and Management Agreement   

 

Compiled by:               Harold Dulay, Policy & Council Support Officer

Authorised by:            Stephen Britten, Chief Governance Officer  

 

Outcome

We have confidence in our Council

Strategy

Demonstrate transparency and ethical behaviour

Service Activity

Ensure that the organisation promotes ethical behaviour, risk management, transparent decision making and meets contemporary governance standards

    

 

Executive Summary

On 22 September 2014, Council resolved to accept the position put in a Mayoral Minute relating to the possible Strategic Alliance between Penrith, Blue Mountains and Hawkesbury Councils. Since that time the General Manager with the assistance of Craig Butler (Assistant General Manager) and Stephen Britten (Chief Governance Officer), have progressed conversations regarding this matter with Blue Mountains City Council (BMCC) and Hawkesbury City Council (HCC).

 

The Working Party of General Managers and Senior Staff have overseen and progressed the review of a regional strategic alliance between BMCC, HCC and Penrith City Council (PCC) and developed an agreed way forward. Furthermore, correspondence with the relevant State Agencies and State Members has been pursued over the past few months. Responses of support for this regional strategic alliance have been received from the Hon. Paul Toole MP (Minister for Local Government) and from Ms Carolyn McNally, Secretary (Department of Planning and Environment).

 

After having consulted with the Mayor and Deputy Mayor of the three Councils, the Working Party has recommended that BMCC, HCC and PCC, establish a formal Regional Strategic Alliance. This report recommends that PCC enter into a Co-operation and Management Agreement (the “Agreement”) with BMCC and HCC as part of the Regional Entity and Governance Model/Framework Strategy Project (the “Project”) and that Council resolve to establish a section 355 Joint Committee of Councils (the “Management Committee”) to oversee the Project with the support of a Regional Strategic Alliance Working Group (the “Working Group”). Additionally, it is proposed that project funding of up to $40,000 from each of the three Councils also be allocated to this Project.

Background

The NSW State Government, through the Destination 2036 Project, initiated the review of the Local Government sector. This review was led by the Independent Local Government Review Panel (ILGRP) and its final report was delivered in October 2013 which highlighted the need to reform the local government sector to ensure that local government bodies were to remain relevant and financially viable. This body of work ultimately resulted in the introduction of the Fit for the Future (FFTF) reform package which aims to help councils take the next steps towards positive change to become a ‘fit for the future council’. The purpose of the FFTF program is to assist councils assess, prepare and review and implement roadmaps to becoming a fit for the future council with respect to increased strategic capacity.

 

The NSW State Government has also introduced the “A Plan for Growing Sydney” (the “State Plan”). In particular, there is a focus on subregional planning. Subregional planning will promote good planning principles and the efficient use of land and infrastructure. Better planning outcomes around major infrastructure projects will significantly benefit from improved coordination between local councils and State agencies.

 

In response to the initiatives instigated by the NSW State Government, BMCC, HCC and PCC as the Councils identified in the West Subregion of the State Plan, have sought to co-operate in the Regional Entity and Governance Model/Framework Strategy project (the “Project”) to enhance each Council’s strategic capacity at a subregional level. This will be realised by delivering a report and action plan on the implementation of a future management structure and the form of a Regional Strategic Alliance.

 

Letters to State Agencies and State Members

 

During the past few months joint letters from each of the three Councils were sent to the State Members and to the relevant State Agencies. The letters introduced the proposal agreed to by the three Councils to form a Regional Strategic Alliance Working Group for the purpose of reviewing the available governance structures and the potential agendas for a more effective and coordinated regional approach to benefit its residents and strengthen the intent of wider State policies. The letters also sought to obtain support and encouragement for the Project and this collaborative initiative.

 

A letter of support (Attachment 1) from Ms Carolyn McNally, Secretary (Department of Planning and Environment) indicated that she is pleased that the three councils are taking a proactive and collaborative approach to improving local government outcomes for western Sydney residents. Ms McNally suggested that the regional strategic alliance model be incorporated into each Council’s FFTF proposals.

 

Similarly, another letter (Attachment 2) from the Hon. Paul Toole MP (Minister for Local Government) indicated his support by stating the following:

 

“May I begin by congratulating the three councils on taking this collaborative step to work towards the achievement of a more effective and coordinated regional approach to strategic planning and governance in the western metropolitan region.”      

 

Additionally, the Minister for Local Government also nominated a senior representative from the Office of Local Government – Ms Corin Moffatt (Director Innovation and Development) – to participate in this regional strategic alliance initiative. It is envisaged that Council Officers will contact Ms Moffatt to seek her support and that of the Office of Local Government as soon as the Agreements are executed and the Project has commenced.

 

Co-operation and Management Agreement

 

In order to give effect to the Regional Strategic Alliance, a draft Co-operation and Management Agreement (the “Agreement”) has been prepared (Attachment 3) for Council’s adoption. The Agreement outlines the rationale, objectives and operations of the regional strategic alliance between the three Councils.

 

It is anticipated that there will be a Joint Committee of Councils (the “Management Committee”) comprised of the Mayor, the Deputy Mayor and the General Manager or his/her nominee from each of the three Councils. The Management Committee will be supported by the Regional Strategic Alliance Working Group (the “Working Group”) made up of Council Officers from each of the relevant Councils. The roles of each of these groups are noted in the Agreement and are mentioned later in this report.

The Agreement will be for a 1 year term with an option to extend for another 12 months. It is proposed that each Council will each contribute $40,000 to the Project as part of this Agreement to help fund the Project.

 

The Project's vision with the support of each Council is to implement the opportunities arising from a regional strategic alliance by way of investigating and/or initiating sub-projects and programs that align to the following Joint Service themes:

 

·    Optimise State and Regional Planning

·    Strengthen regional advocacy and funding

·    Formalise and strengthen organisational effectiveness (Fit for the future)

·    Maximise opportunities and innovation (including exploring shared services)

·    Create regional advantage and relevance to industry, State and Commonwealth Government and even internationally

·    Consideration of governance structures

 

Establishment of the Joint Committee of Councils

 

In order to deliver the Project’s visions, the Council Committee as anticipated by the Agreement to be named as the Joint Committee of Councils (the “Management Committee”), will have to be established in accordance with section 355 of the Local Government Act 1993 (NSW). The Management Committee will oversee the delivery of the activities mentioned below.

 

In order to implement the goals, strategies and initiatives (including sub-projects and programs) of the Project, the Regional Strategic Alliance Working Group (the “Working Group”) under the guidance and instruction of the Management Committee will undertake the following vested activities:

 

a)   Carryout a Situational and Exploratory Analysis which will:

 

·    Consider and identify the NSW State Government’s current position on matters relating to the proposals put forward by the Independent Local Government Review Panel with respect to regional governance. This would include, but not limited to considering State Government plans such as the ‘Fit for the Future’ campaign and the ‘A Plan for Growing Sydney’ vision.

·    Identify, engage and involve stakeholders in the Regional Strategic Alliance planning process and discern their expectations for a Regional Strategic Alliance entity.

·    Benchmark current strategic approaches, services, systems, organisational structure and performance against industry best practice both within domestic and international jurisdictions.

·    Explore and clearly define the potential areas of opportunity which could arise from a formal regional strategic entity taking into account each Council’s circumstances and Strategic Plans.

·    Investigate various sub-regional governance models from across different domestic and international jurisdictions for a Regional Entity and Governance model/framework. This is done with the purpose to ensuring that the allied Councils will be able to establish and sustain a prominent, robust and solid regional voice, by having access to regional resources and funding to continue delivering regional projects and advocacy programs at the conclusion of the Project.

 

 

b)   Deliver a Final Report of Findings and Recommendations and a Strategy and an Action Plan, which will:

 

·    Set out the methodologies used, findings and analysis and considerations to be appraised resulting from the exploratory analysis conducted.

·    Set clear and coherent options and recommendations for the future direction of the Project, the governance model and framework and positioning for the establishment and implementation of a Regional Entity and Governance Model/Framework in specified alignment with each Council’s Strategic Plans and relevant legislations.

·    Set clear goals and objectives by way of an action plan which includes a timeframe and detailed actions to be undertaken to guide the work in further exploring the implementation methods and eventually implementing the preferred Regional Entity and Governance model/framework.

 

c)   Investigate and outline various potential sub-projects and programs that could be delivered regionally which fall under the Joint Service themes, which:

 

·    have been nominated by each Council;

·    are of subregional significance; and

·    has been approved and funded by each Council or through some form of Project funding whichever is applicable.

 

d)   Perform any other activities at any time devolved by the Management Committee to the Working Group or the fulfilment of any other delegated functions at any time to the Working Group which is line with the Project’s visions.

 

In order for the Management Committee to operate properly, it will need to be delegated with the authority to give advice to Councils on matters relating to the Project vision and achievement of the objectives outlined and with respect to regional strategic alliance issues generally.

 

It is proposed that the Management Committee be comprised of the Mayors and the Deputy Mayors – who held these positions at the time of executing the Agreement and that they continue to hold their appointment on the Management Committee for the duration of the Agreement – and the General Manager or his/her nominee from each Council.

 

Additionally, each Council will have an alternate on the Management Committee should an appointed Member be absent from a meeting of the Management Committee. In the case of the Mayor or Deputy Mayor being absent the Council will appoint a Councillor Alternate and in the case of the General Manager or his/her nominee being absent the General Manager will appoint a Staff Alternate.

 

Financial Services Manager’s Comment

In order to enable the Joint Committee of Councils to deliver this Project successfully, it is proposed that each of the three Councils commit up to $40,000 to this Project.

 

The 2014-15 Operational Plan continues to be closely monitored and Councillors will recall that at the time of reporting the December Quarterly Review projected a full year surplus of $203,590.  It is anticipated that this projected surplus will be increased slightly when the March Quarterly Review is reported to Council in May.  Should Councillors be of mind to provide the financial contribution of $40,000 outlined in this report, an allocation from the projected 2014-15 surplus could be accommodated to fund the contribution.

 

Conclusion

 

This proposed Regional Strategic Alliance with Blue Mountains City Council and Hawkesbury City Council by way of this Project through the Co-operation and Management Agreement is a positive initiative in response to the ‘Fit for the Future’ Program. In the Agreement the Councils agree to co-operate with each other during the term of the Agreement and to use their best endeavours to ensure that the Project achieves the vision and general objectives of progressing the formation of a Regional Entity and Governance model/framework in order to enhance each Council’s local government areas and its broader subregion.

 

It is important to note that this proposal for regional strategic alliance is not a proposal for amalgamation. Rather, it is an opportunity to identify ways to strengthen our ability to deliver some of our key priorities and those of the broader region. This regional strategic alliance is proposed having regard to the NSW Governments’ Fit for the Future reform package for Local Government which is in response to the Independent Local Government Review Panel’s final report ‘Revitalising Local Government’.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Regional Strategic Alliance - Co-operation and Management Agreement be received.

2.    Council give authority to the General Manager to enter into a Regional Strategic Alliance Co-operation and Management Agreement (the “Agreement”) with Blue Mountains City Council and Hawkesbury City Council as per Attachment 3.

3.    Council commit to provide up to $40,000 to this Project as part of the terms of the Co-operation and Management Agreement.

4.    Council establish the Joint Committee of Councils as a section 355 committee in accordance with the Local Government Act 1993 (NSW).

5.    Council delegate to the Joint Committee of Councils the authority to give advice to Councils on matters relating to the Project vision and general objectives and with respect to regional strategic alliance issues generally.

6.    Council appoint to the Joint Committee of Councils three representatives as voting members, being the Mayor and the Deputy Mayor – who held these positions at the time of executing the Agreement and that they continue to hold their appointment on the Joint Committee of Councils for the duration of the Agreement – and the General Manager or his/her nominee. 

7.    Council appoint a Councillor Alternate to act for the Mayor or Deputy Mayor appointed by Council to the Joint Committee of Councils while such member is absent from any meeting of the Joint Committee of Councils.

8.    Council write to the Minister for Local Government informing the Minister of the formation of this Regional Strategic Alliance between Blue Mountains City Council, Hawkesbury City Council and Penrith City Council and renew requests for State Government funding to contribute towards the work of this Regional Strategic Alliance.

9.    Council write to the local State Members informing them of the formation of this Regional Strategic Alliance between Blue Mountains City Council, Hawkesbury City Council and Penrith City Council and seeking their support for the request made to the Minister for Local Government requesting for State Government funding to contribute towards the work of this Regional Strategic Alliance. 

 

 

ATTACHMENTS/APPENDICES

1.  

Letter from Ms Carolyn McNally, Secretary (Department of Planning and Environment)

1 Page

Attachments Included

2.  

Letter from the Hon. Paul Toole MP (Minister for Local Government)

1 Page

Attachments Included

3.  

Co-operation and Management Agreement

20 Pages

Attachments Included

   


 

ATTACHMENTS   

 

 

Date of Meeting:     Monday 20 April 2015

Report Title:            Proposed Submission on the Draft Vision Plan for Penrith Lakes Parkland

Attachments:           Map - Extract of Draft Vision Plan for Penrith Lakes Parkland

                                Proposed Submission on Draft Vision Plan for Penrith Lakes Parkland



Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 1 - Map - Extract of Draft Vision Plan for Penrith Lakes Parkland

 

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Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 2 - Proposed Submission on Draft Vision Plan for Penrith Lakes Parkland

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 20 April 2015

Report Title:            Nepean District Tennis Association - Licence Agreement and Facility Development at Woodriff Gardens

Attachments:           Facility Development Proposal and Letters of Support



Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 1 - Facility Development Proposal and Letters of Support

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 20 April 2015

Report Title:            Synthetic Sports Surfaces Feasibility Study

Attachments:           Synthetic Surfaces Feasibility Study



Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 1 - Synthetic Surfaces Feasibility Study

 

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ATTACHMENTS   

 

 

Date of Meeting:     Monday 20 April 2015

Report Title:            Regional Strategic Alliance - Co-operation and Management Agreement

Attachments:           Letter from Ms Carolyn McNally, Secretary (Department of Planning and Environment)

                                Letter from the Hon. Paul Toole MP (Minister for Local Government)

                                Co-operation and Management Agreement



Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 1 - Letter from Ms Carolyn McNally, Secretary (Department of Planning and Environment)

 

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Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 2 - Letter from the Hon. Paul Toole MP (Minister for Local Government)

 

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Policy Review Committee Meeting                                                                                   20 April 2015

Attachment 3 - Co-operation and Management Agreement

 

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