Council_Mark_POS_RGB

24 June 2015

 

Dear Councillor,

In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 29 June 2015 at 7:30PM.

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

Yours faithfully

 

 

Alan Stoneham

General Manager

 

BUSINESS

 

1.           LEAVE OF ABSENCE

Leave of absence has been granted to:

Councillor Greg Davies - 20 June 2015 to 29 June 2015 inclusive.

 

2.           APOLOGIES

 

3.           CONFIRMATION OF MINUTES

Ordinary Meeting - 25 May 2015.

Extraordinary Council Meeting - 9 June 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 COUNCIL

6.           MAYORAL MINUTES

7.           NOTICES OF MOTION TO RESCIND A RESOLUTION

8.           NOTICES OF MOTION AND QUESTIONS ON NOTICE

9.           ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES

Local Traffic Committee Meeting - 1 June 2015.

Policy Review Committee Meeting - 22 June 2015.

 

10.         DELIVERY PROGRAM REPORTS

11.         REQUESTS FOR REPORTS AND MEMORANDUMS

12.         URGENT BUSINESS

13.         COMMITTEE OF THE WHOLE


ORDINARY MEETING

 

Monday 29 June 2015

 

table of contents

 

 

 

 

ADVANCE AUSTRALIA FAIR

 

 

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

 

 

PRAYER

 

 

COUNCIL CHAMBER seating arrangements

 

 

meeting calendar

 

 

confirmation of minutes

 

 

PROCEDURE FOR ADDRESSING COUNCIL MEETING

 

 

MAYORAL MINUTES

 

 

report and recommendations of committees

 

 

DELIVERY program reports


 

ADVANCE AUSTRALIA FAIR

 

 

 

Australians all let us rejoice,

For we are young and free;

We’ve golden soil and wealth for toil;

Our home is girt by sea;

Our land abounds in nature’s gifts

Of beauty rich and rare;

In history’s page, let every stage

Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 

Beneath our radiant Southern Cross

We’ll toil with hearts and hands;

To make this Commonwealth of ours

Renowned of all the lands;

For those who’ve come across the seas

We’ve boundless plains to share;

With courage let us all combine

To Advance Australia Fair.

 

In joyful strains then let us sing,

Advance Australia Fair.

 



Statement of Recognition of

Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage

 

 

Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.

 

Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.

 

We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.

 

 

 

 

 


 

 

 

 

PRAYER

 

 

 

“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life.  We come together as representatives of our community to make decisions that will benefit this city and the people within it. 

 

We come not in a spirit of competition, not as adversaries, but as colleagues.  Help us to treat each other with respect, with dignity, with interest and with honesty.  Help us not just to hear the words we say, but also to hear each others hearts.  We seek to be wise in all that we say and do.

 

As we meet, our concern is for this city.  Grant us wisdom, courage and strength.

 

Lord, help us.  We pray this in the name of Jesus Christ our Lord.  Amen.”

 

 

 

 

 


 

Council Chambers

Seating Arrangements


For members of the public addressing the meeting


 

 

 

Lectern


 

 

Executive Managers


 

 

 

Assistant General Manager Craig Butler



Assistant General Manager Barry Husking


General Manager
Alan Stoneham
His Worship the Mayor Councillor Ross Fowler OAM


Senior Governance Officer Glenn Schuil






Minute Clerk

MediaClr Marcus Cornish

North Ward

 

Clr Bernard Bratusa

South Ward

 

 

Clr Tricia Hitchen

East Ward

 

 

Clr Ben Goldfinch

South Ward

 

 

Clr Mark Davies

South Ward

 

 

Clr Jim Aitken OAM

Public GallerySouth Ward

 

 

Clr Kevin Crameri OAM

North Ward

 

 

Clr Maurice Girotto

East Ward

Clr Jackie Greenow OAM

East Ward

 

Clr Michelle Tormey

North Ward

 

Clr Karen McKeown

South Ward

 

Clr John Thain

North Ward

 

Clr Greg Davies

East Ward

 

Clr Prue Car MP

ManagersEast Ward

 

 

Executive Managers


 


Council_Mark_POS_RGB2015 MEETING CALENDAR

January 2015 - December 2015

(adopted by Council on 24/11/14 and amended by Council on 25/5/15)

 

 

 

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

22

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 ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON MONDAY 25 MAY 2015 AT 7:35PM

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 the Rev Neil Checkley.

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Mark Davies for the period 15 May 2015 to 26 May 2015 inclusive.

APOLOGIES

113  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Bernard Bratusa that an apology be received from Councillor Jackie Greenow OAM.

 

Councillor Michelle Tormey left the meeting, the time being 7:41pm.

 

CONFIRMATION OF MINUTES - Ordinary Meeting - 27 April 2015

114  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Karen McKeown that the minutes of the Ordinary Meeting of 27 April 2015 be confirmed.

 

DECLARATIONS OF INTEREST

Councillor Karen McKeown declared a Non-Pecuniary Conflict of Interest – Significant in COW Item 2 - Status on Litigation and Compliance Matters.  Councillor McKeown stated that she would not take part in the debate and would leave the Chamber during consideration of this item.

 

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in – Item 3 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs as he lives nearby in Llandilo, although some distance from the subject land, and stated that he would remain in the Chamber during the debate on this item.

 

Councillor Marcus Cornish declared a Non-Pecuniary Conflict of Interest – Significant in COW Item 2 - Status on Litigation and Compliance Matters.  Councillor Marcus Cornish stated that his wife was the Secretary of the Protect Penrith Action Group Inc and that he would not take part in the debate and would leave the Chamber during consideration of this Item.

 

His Worship the Mayor, Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 4 - Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia Applicant: Tony Fragar Design Pty Ltd;  Owner: ~B.N. Fowler Pty Ltd, as he is a Director of the applicant company.  Councillor Ross Fowler OAM then stated that he would vacate the Chair and leave the Chamber and that the Deputy Mayor, Councillor Greg Davies, would take the Chair for consideration of this Item.

 

 

SUSPENSION OF STANDING ORDERS

115  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia  Hitchen that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:42pm.

 

 

Dr Andy Marks

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 – Item 2 – Western Sydney Airport – Badgerys Creek

 

Dr Marks, the Director of Strategic Relations at the University of Western Sydney, spoke in support of the recommendation.  Dr Marks stated that the University supports the establishment of an airport at Badgerys Creek as it would encourage economic development and employment in Western Sydney and went on to enumerate the advantages of having an airport in closer proximity to the University.

 

Councillor Michelle Tormey returned to the meeting, the time being 7:45pm.

 

Dr Marks emphasised the benefits that students will accrue from the location of the airport, as well as the generation of employment as a result of the University’s proximity to the proposed airport.   

 

Jeremy Spinak

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 – Item 2 – Western Sydney Airport – Badgerys Creek

 

Mr Spinak, representing the proponent of the proposed Sydney Science Park, to be located at Luddenham, spoke in support of the recommendation.  Mr Spinak stated that the EJC Group, who is the proponent of the proposed Sydney Science Park supports the location of an airport close to the proposed Park, and that the Sydney Science Park will be a fully integrated, innovative facility focussing on industry, education and business and will create knowledge based jobs, and that the location of an airport at Badgerys Creek would greatly assist in achieving this outcome.  Mr Spinak concluded by stating that the location of an airport at Badgerys Creek would open up the project to the rest of Australia and the World.

 

 

 

Peter Harvey

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 – Item 2 – Western Sydney Airport – Badgerys Creek

 

Mr Harvey, representing the Mulgoa Progress Association, spoke in opposition to the recommendation.    Mr Harvey stated that the establishment of an airport at Badgerys Creek would have an adverse impact on all Penrith residents. Mr Harvey also stated that residents need to be fully informed about the impacts of an airport located in the area and believed that a full disclosure of relevant facts had not been made to residents.

 

116  RESOLVED on the MOTION of  Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete his address, the time being 8:07pm.

 

Mr Harvey concluded by suggesting that consideration of the matter should be deferred until the residents of Penrith have had an opportunity to comment on the proposal, and that results of a suitable survey of residents be used to frame Council’s decision on the matter.

 

 

Sandra Newham

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 – Item 2 – Western Sydney Airport – Badgerys Creek

 

Ms Newham, an affected person, spoke in opposition to the recommendation and stated that she considered the community consultation carried out regarding the siting of the proposed airport to be inadequate.  Ms Newham also raised concerns about noise emanating constantly from an airport that has no curfew and is operational 24 hours per day. 

 

117 RESOLVED on the MOTION of  Councillor Marcus Cornish seconded Councillor Maurice Girotto that an extension of time be granted to enable the speaker to complete her address, the time being 8:15pm.

 

Ms Newham concluded by suggesting that the way forward was to revert to the previous advice given by Council’s expert planning team and to reject the recommendation of the Policy Review Committee on 11 May 2015.

 

 

Jackie Kelly

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 – Item 2 – Western Sydney Airport – Badgerys Creek

 

Ms Kelly, an affected person, spoke in opposition to the recommendation.    Ms Kelly cited her history of working on issues relating to the proposed airport at Badgerys Creek since 1996.   Ms Kelly stated that the noise impact of the proposed airport would have a greater impact on local residents as it would not be shared with other areas as is the current arrangement at Kingsford Smith Airport in Sydney. 

 

118  RESOLVED on the MOTION of  Councillor Jim Aitken OAM seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete her address, the time being 8:29pm.

 

Ms Kelly concluded her address by citing other issues of concern including lack of curfew at the proposed airport, traffic congestion in the area, and lack of funding commitment for the infrastructure that will be required as a result of establishing an airport in Badgerys Creek.

 

 

Arthur Ilias

 

Item 3 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Ilias, General Manager for Lend Lease Communities NSW and spokesperson for the applicant, spoke in support of the recommendation.  Mr Ilias highlighted the applicant’s achievements so far in developing the Jordan Springs project.  Mr Ilias stated that the applicant has been a willing participant in consultation processes and has responded to stakeholder concerns and amended subdivision plans. 

 

Mr Ilias concluded by reconfirming the applicant’s commitment to work in good faith with Council to find a commercially acceptable solution, and stressed the importance of continuing to provide much needed housing in Penrith.

 

 

Geoff Brown

 

Item 3 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Brown, an interested citizen, spoke in opposition to the recommendation.  Mr Brown expressed his concerns regarding conservation of the site, particularly in regard to the Cumberland Conservation Corridor mapping not being definitive.  Mr Brown also expressed the view that the entire Ninth Avenue area should be protected from development.

 

119 RESOLVED on the MOTION of  Councillor Kevin Crameri OAM seconded Councillor Tricia Hitchen that an extension of time be granted to enable the speaker to complete his address, the time being 9:20pm.

 

Mr Brown concluded by seeking a public meeting on the matter as he believed there had been a lack of consultation with residents in the area and called for deferral of consideration of the development application until this consultation had taken place.

 

 

Michael Pate

 

Item 3 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Pate, Principal of Xavier College, Llandilo, spoke in opposition to the recommendation, stating concerns regarding the environment, the needs of students and their learning of the curriculum.  Mr Pate stated that the natural environment is beneficial to students and has a positive effect on their behaviour.  Mr Pate also indicated that the open space provides a natural buffer zone for the school as well as residents during the playing of sports, holding of concerts etc. at the school, as well as providing a buffer for the agricultural studies area where animals are kept.

 

120  RESOLVED on the MOTION of  Councillor Bernard Bratusa seconded Councillor Marcus Cornish that an extension of time be granted to enable the speaker to complete his address, the time being 9:33pm.

 

Mr Pate concluded by stating that the school would prefer to retain the current buffer zone as it will address privacy issues for both the school and nearby residents.

 

Lisa Harrold

 

Item 3 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Ms Harrold, President of the Cumberland Conservation Network and Mulgoa Valley Landcare, spoke in opposition to the recommendation.  Ms Harrold stated that she believed the development would fracture the Cumberland Conservation Corridor and that removing 15 blocks would not protect the corridor connectivity as an east/west roadway will compromise the Corridor.

 

Councillor Kevin Crameri OAM left the meeting at 9:41pm and returned to the meeting at 9:45pm.

 

Ms Harrold concluded her address by requesting that Council defer its decision on this development application until such time as an alternate roadway suggestion can be fully examined.

 

 

RESUMPTION OF STANDING ORDERS

121  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that Standing Orders be resumed, the time being 9:53pm.

 

 

Reports of Committees

 

1        Report and Recommendations of the Access Committee Meeting held on 8 April 2015   

122  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 8 April, 2015 be adopted.

 

2        Report and Recommendations of the Local Traffic Committee Meeting held on 4 May 2015                                                                                                                                     

123  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Karen McKeown that the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 4 May, 2015 be adopted.

 

3        Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015                                                                                                                                     

124  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Tricia  Hitchen that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 11 May, 2015 be adopted, with exception of Item 1 – Planning Proposal- Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street) and Item 2 – Western Sydney Airport – Badgerys Creek.

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 - Item 1 - Planning Proposal - Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street)      

125 RESOLVED on the MOTION of Councillor John Thain seconded Tricia Hitchen that Item 1 – Planning Proposal- Lots 1-4 Old Bathurst Road, Emu Plains (Cnr Russell Street)  of the Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 be adopted.

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

For

Against

 

Councillor Prue Car MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

Report and Recommendations of the Policy Review Committee Meeting held on 11 May 2015 - Item 2 - Western Sydney Airport - Badgerys Creek       

126  A MOTION was moved by Councillor John Thain seconded Councillor Bernard Bratusa

That:

1.     The information contained in the report on Western Sydney Airport - Badgerys Creek be received.

2.     Council accept the Federal Government’s decision to build an airport on the Government owned land at Badgerys Creek subject to the precondition that the Sydney Airport Curfew Act 1995 be amended to become the Sydney Airports Curfew Act and that it apply to both Sydney and the future Badgerys Creek Airports.

3.     Council proactively engage with both Federal and State Governments to ensure the airport and associated infrastructure is delivered in a timely and deliberative manner to bring maximum benefits and uplift to Penrith and Western Sydney.

4.     Council undertake the potential actions/advocacy identified in the report.

5.     Council write to the Hon Warren Truss MP, Minister for Infrastructure and Regional Development, Mr Russell Matheson MP, Member for Macarthur, Ms Fiona Scott MP, Member for Lindsay and the Department of Infrastructure and Regional Development advising of Council’s position on the proposed airport.

6.     Council work proactively with Liverpool City Council and the relevant State and Federal Government Departments on the advance planning for the Airport and unlocking the economic potential of the Broader Western Sydney Employment Area and the South West Growth Centre.

7.     Council participate in the proposal for councils to pool their resources and engage consultants in readiness for the release of the EIS, subject to an upper limit of $60,000, with the Federal Government to allow 90 days to respond to the EIS.

An AMENDMENT was moved by Councillor Kevin Crameri OAM seconded Councillor Marcus Cornish:

 

1.    The information contained in the report on Western Sydney Airport - Badgerys Creek be received.

2.    Council undertake the potential actions/advocacy identified in this report.

3.    Council participate in the proposal for councils to pool their resources and engage consultants in readiness for the release of the EIS, subject to an upper limit of $60,000.

 

The AMENDMENT was PUT.

Councillor Kevin Crameri OAM called for a DIVISION.

 

For

Against

 

Councillor Kevin Crameri OAM

Councillor Prue Car MP

Councillor Maurice Girotto    

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

Councillor Michelle Tormey

Councillor Karen McKeown

 

Councillor Jim Aitken OAM

                            

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

The AMENDMENT was LOST.

 

The MOTION was PUT.

 

Councillor Kevin Crameri OAM called for a DIVISION.

 

 

For

Against

 

Councillor Prue Car MP

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Maurice Girotto    

Councillor John Thain

Councillor Marcus Cornish

Councillor Karen McKeown

Councillor Michelle Tormey

Councillor Jim Aitken OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

 

The MOTION was CARRIED.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 2 - We plan for our future growth

 

Councillor John Thain left the meeting, the time being 10:26pm.

 

1        Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff                                                                                                                

127  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Karen McKeown

That:

1.    The information contained in the report on Rules regarding 24 Hour Gyms and requirements concerning staffing and qualifications required by staff be received.

2.    Council make written representations to the Department of Fair Trading and Fitness Australia seeking a review of regulation of the fitness industry and in particular the operation of 24 Hour Gyms.

3.     Council write to local State and Federal Members and the Department of Fair Trading outlining concerns in relation to the conduct of 24 Hour Gyms, in particular the policy and policing by Fitness Australia.

 

2        Penrith City Centre Civic Improvement s94 Plan - Minor Amendment

Councillor John Thain returned to the meeting, the time being 10:29pm.

Councillor Karen McKeown left the meeting, the time being 10:29pm.                                       

 

128  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Penrith City Centre Civic Improvement s94 Plan - Minor Amendment be received

2.    The Penrith city centre Civic Improvement Plan (CIP) be amended in accordance with the Attachment to this report.

3.    The amended CIP be publicly exhibited for at least 28 days, in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and Regulations.

4.    After conclusion of the exhibition period a further report be presented to Council outlining the results of the exhibition and the process for bringing the amended CIP into effect.

 

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

For

Against

 

Councillor Prue Car MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Michelle Tormey

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Marcus Cornish

 

Councillor Ross Fowler OAM

 

 

3        Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs Applicant: Maryland Development Company Pty Ltd;  Owner: ~Penrith City Council

Councillor Karen McKeown returned to the meeting, the time being 10:31pm.                          

 

129  A MOTION was moved by Councillor Prue Car MP seconded Councillor John Thain

That:

1.    The information contained in the report on Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs be received; and

 

1(a)   Council form the opinion that subject to the proposed conditions of development consent, the proposal does not have a likelihood for a ‘significant effect’ on threatened species, population or an ecological community as outlined within the body of this report and having regard to the Species Impact Statement submitted by Cumberland Ecology dated October 2014 as amended accompanying the proposed development.

 

 

2.      Development Application No. DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs be determined by granting a consent in accordance with Section 80(4)(b) of the Environmental Planning and Assessment Act, 1979 subject to the following conditions.

Standard Conditions:

A001 – Approved plans

A008 – Works to BCA requirements

A041 - Construction in bushfire areas

A042 – Asset Protection Zones in Bushfire Areas

A044 - Compliance with NSW Rural Fire Service conditions of consent

A046 – Obtain Construction Certificate before commencement of works

C003 ­ Uncovering relics

D002 – Spraygrass

D009 – Covering of waste storage area

D010 – Appropriate disposal of excavated or other waste

D014 – Plant and equipment noise

D026 – Liquid Waste

D06A – Approval of bulk earthworks/ major filling operations

G001 – Installation of services and Service Clearance (subdivision)

H01F – Stamped plans and erection of site notice

H002 – During construction requirements

H041 – Hours of work

K101 – Works at no cost to Council

K202 – Section 138 Roads Act Approval

K203 – Section 138 Roads Act (roadworks requiring approval of civil drawings)

K205 – Construction Certificate for Subdivision works

K206 – Road Design Criteria table

K207 – Road Safety Audit

K224 - Inter-allotment drainage

K225 - Bus Stops

K301 – Sediment and Erosion Control

K302 – Traffic Control Plan

K304 – Matters to be address prior to commencement of Subdivision works

K405 – Street Lighting

K407 – Major Filling/ earthworks

K408 – Soil testing – Subdivisions

K501A – Completion of Subdivision works

K504 – restriction as to User and Positive Covenant

K507 – Linemarking & Signage

K510 – Street Naming

K511 – Bond for final wearing course

K513 – Maintenance Bond

K514 – Subdivision Compliance documentation

K601 – Stormwater Management system operation and maintenance

L005 – Planting of plant material

L006 – Australian Standard for landscaping

L007 – Tree protection measures

L008 – Tree Preservation Order

M001- Prior to subdivision work

M008- Linen plan

M009 - 88B Instrument

M014 - Surveyors certificate

Q01F – Notice of Commencement and Appointment of PCA

Q008 ­ Subdivision Certificate

 

Special Conditions

                             2.1     The development is required to comply with the General Terms of                                     Approval (GTA) dated 15 May 2015, issued by the NSW Rural                                          Fire Service as outlined below:

                            

                                      a)      At the commencement of subdivision and in perpetuity an                                                  Asset Protection Zone (APZ) 20 metres wide shall separate                                               proposed Lot 6016 from the vegetation on the planned                                                          combined lot to the west of this lot. The APZ shall be managed                                                 as an inner protection area (IPA) as outlined within section                                       4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006                                         and the NSW Rural Fire Service's document 'Standards for                                               asset protection zones'.

b)      At the commencement of subdivision and in perpetuity an Asset Protection Zone (APZ) 20 metres wide shall separate Lot 3492 DP1191642 from the vegetation on the planned combined lot to the east of this lot. The APZ shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's document 'Standards for asset protection zones'

c)      Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

d)                Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire Protection 2006'.

e)      Fire trails shall comply with section 4.1.3 (3) of 'Planning for Bush Fire Protection 2006'.

f)       Proposed lots 6015 and 6017 shall have a minimum 2.1 metre high non­combustible radiant heat shield constructed along the northern boundary.

                             2.2     The development is required to comply with the General Terms of                                     Approval (GTA) dated 16 January 2015, issued by the NSW                                              Office Of Water as outlined below:

 

a)       These General Terms of Approval (GTA) only apply to the                    controlled activities described in the plans and associated                              documentation relating to DA2014/1550 and provided by                           Council:

                   (i)      Site plan, map and/ or surveys

                   Any amendments or modifications to the proposed controlled                activities may render these GTA invalid. If the proposed                        controlled activities are amended or modified the NSW Office of                  Water must be notified to determine if any variations to these                    GTA will be required.

b)       Prior to the commencement of any controlled activity (works)               on waterfront land, the consent holder must obtain a Controlled                 Activity Approval (CAA) under the Water Management Act from             the NSW Office of Water. Waterfront land for the purposes of             this DA is land and material in or within 40 metres of the top of               the bank or shore of the river identified.

c)       The consent holder must prepare or commission the                              preparation of:

(i)       Vegetation Management Plan

(ii)      Erosion and Sediment Control Plan

(iii)     Soil and Water Management Plan

d)       The consent holder must (i) carry out any controlled activity in              accordance with approved plans and (ii) construct and/or                        implement any controlled activity by or under the direct                             supervision of a suitably qualified professional and (iii) when               required, provide a certificate of completion to the NSW Office                  of Water.

e)       The consent holder must carry out a maintenance period of two            (2) years after practical completion of all controlled activities,             rehabilitation and vegetation management in accordance with a                    plan approved by the NSW Office of Water.

f)       The consent holder must reinstate waterfront land affected by               the carrying out of any controlled activity in accordance with a               plan or design approved by the NSW Office of Water

g)       The consent holder must be suitably qualified person to monitor            the progress, completion, performance of works, rehabilitation                 and maintenance and report to the NSW Office of Water as            required.

h)       The consent holder must provide a security deposit (bank                      deposit or cash bond) – equal to the sum of cost of complying             with the obligations under any approval – to the NSW Office of               Water as and when required.

i)        The consent holder must ensure that no materials or cleared                 vegetation that may (i) obstruct flow 9ii) wash into the water                 body or (iii) cause damage to river banks; are left on waterfront             land other than in accordance with a plan approved by the            NSW Office of Water.

j)        The consent holder is to ensure that all drainage works (i)                      capture and convey runoffs, discharges and flood flows to low               flow water level in accordance with a plan approved by the             NSW Office of water; and (ii) do not obstruct the flow of water                other than in accordance with a plan approved by the NSW                   Office of Water.

k)       The consent holder must stabilise drain discharge to prevent                 erosion in accordance with a plan approved by the NSW Office                   of Water.

l)        The consent holder must establish all erosion and sediment                   control works and water diversion structures in accordance with               a plans approved by the NSW Office of Water. These works                   and structures must be inspection and maintained throughout            the working period and must not be removed until the site has              been fully stabilised.

m)     The consent holder must ensure that no excavation is                            undertaken on waterfront land other than in accordance with a              plan approved by the NSW Office of Water.

n)       The consent holder must establish a riparian corridor along the              watercourse in accordance with a plan approved by the NSW                 Office of Water.

                             2.3     Prior to the release of a Construction Certificate, the subdivision                              plans are to be amended to detail the amalgamation of Lots 6000 –                                   6015 & 6152 as a residue lot. With exception of the required asset                                     protection zones, no works are to be undertaken within the residue                                       lot.

                             2.4     Prior to the issue of a Subdivision Certificate, a Section 88B                                               restrictive covenant in accordance with the Conveyancing Act, 1919                                is to be registered against Lots 6153 ­ 6163 that no vehicular access                                  to Ninth Avenue is permitted.

                             2.5     Prior to the issue of a Subdivision Certificate, a Section 88B                                               restrictive covenant in accordance with the Conveyancing Act, 1919                                is to be registered against Lots 6212 - 6221 to include a gate within                                     the boundary fence (minimum 4m width) to enable the movement of                                 fire trucks within the Asset Protection Zone.

                             2.6     Prior to the release of a Subdivision Certificate, a new access gate is                                to be installed within the boundary fence to the Regional Park,                                               adjacent to Lot 6221. The design and location of the gate is to be                                 undertaken in consultation and agreed to by National Parks and                               Wildlife Service. 

                             2.7     Prior to the release of a Construction Certificate, the "Dual                                                 Occupancy Entitlements" notations are to be removed from proposed                              Lots 6075, 6076, 6153 ­ 6163, 6195 ­ 6197, 6212 ­ 6221.

                             2.8     To ensure compliance with the principles of Crime Prevention                                            Through Environmental Design, the following should be applied to                                     enhance the safety and security of all users of this development and                                    minimise the crime risk associated with this development:

a)       Lighting

·        All street lighting shall be designed in accordance with Council’s Public Domain Lighting Policy and relevant Australian Standards and requirements.

·        Lighting must be of sturdy construction and vandal resistant.

·        All pedestrian and cycle networks shall be well lit in accordance with the abovementioned standards. The location and design of lighting should take into account all vegetation and landscaping that may reduce the effectiveness of lighting or act as an entrapment spot, including street trees.

·        Proposed bus stops must be well­lit in accordance with Australian Standards to provide safe night­time travel for users.

·        Street lighting shall be provided to the Road No.4 and Road No.7 that will link in with the future pedestrian linkage between the two roads.

b)      Landscaping

·        Low level planting and high canopied vegetation shall be provided to public spaces intended for passive/active uses (including parks, reserves, walking paths, cycle paths, bus stops) to promote good levels of surveillance and minimise concealment opportunities through effective landscaping. is recommended.  Dense shrubs must be avoided, particularly near public seating and walking paths.

·        The proposed street trees should not obstruct sightlines for pedestrians or vehicles.

·        Orientate residential frontages facing the park directly onto surrounding residential streets to increase casual surveillance of the area.

2.9     Prior to the issue of a Construction Certificate, a Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Penrith City Council.

2.10   Approval is granted for the removal of trees within the property boundaries that are within areas being the subject of approved cut and fill, road construction and the implementation of asset protection zones. 

2.11   Prior to the commencement of works, an inspection of tree protection measures implemented within the site is to be undertaken by Penrith Council Officers.

2.12   Prior to the commencement of works, the applicant must engage a suitably qualified and experienced arborist to assess the impact of the proposed road works within Ninth Avenue on the existing street trees. The arborist is to prepare and submit, to the satisfaction of Penrith Council, a report documenting the measures to be employed during the construction of the road works.

          All recommendations made to protect and retain trees are to be            implemented during and employ industry best practices.

2.13   A suitable macrofauna fence between the perimeter roads, fire access tracks and the Regional Park is to be provided in consultation and agreed to by National Parks and Wildlife Service.

2.14   Prior to the commencement of works, including the removal of any trees associated with approved subdivision/development activities, an inspection for resident threatened fauna (including inspection of all hollows) is to be undertaken under the supervision of a fauna ecologist. Any fauna found are to be relocated. Should juveniles be contained within the affected tree then clearing is to be delayed until juveniles have vacated. WIRES are to be contacted in the case of any injured fauna.

2.15   All trees that are scheduled for removal with a Diameter at Breast Height (DBH) of 30cm or greater, once felled in accordance with the Consent Conditions, are to be sawn into 2-6m lengths and retained for future use within the riparian corridor (Lot 6149) or residue lot to provide additional fauna habitat.

2.16   Top soil from areas currently vegetated with regenerating or mature Cumberland Plain Woodland that are scheduled for "Cut" treatment, is to be salvaged and stockpiled for future use within the riparian corridor or residue lot.

2.17   The following street trees are to be replaced with species from the approved Street Tree List that are native to western Sydney:

·        Cupaniopsis anacardioides

·        Waterhousia floribunda

          Suitable trees on the Approved Street Tree List are:

·        Melaleuca linaarifolia

·        Eucalyptus crebra

·        Eucalyptus  sideroxylon

·        Tristaniopsis laurina.

          Street trees are to be planted prior to the issue of the Subdivision Certificate.

2.18   Prior to the issue of a Construction Certificate, a detailed plan that clearly outlines measures that will be implemented by the applicant to facilitate fauna movement across Road 303 is to be submitted to Penrith City Council for approval. If Council is not the certifying authority, a copy of Council’s approval for the plan is to be provided to the Principal Certifying Authority. The plan is to consider the following and must include detailed engineering designs as required:

·        The use of traffic calming devices to slow traffic in the vicinity of the Biodiversity Corridor such as speed humps.

·        The use of a specifically designed fauna underpass (such as a culvert) to allow safe fauna movement under Road 303.

·        The use of rope canopy bridges to allow safe crossing of arboreal mammals over Road 303.

·        The modification of the proposed macrofauna fence along the regional park in this location to allow for the movement of small mammals along the residual lot (Lot 6000 – 6015). Evidence of consultation with NPWS must be included.

·        Once approved by Penrith Council, all activities outlined in the plan are to be implemented and carried out in accordance with the plan. Council may request a review and if necessary updating of the plan to reflect current environmental standards and legislation. Council must be satisfied with any changes prior to the amendment of the plan.

2.19   The ultimate water quality / detention system shall be maintained by the person/company with the benefit of the development consent for a 3 year period.  During the maintenance period the basin will need to be monitored by the developer for water quality and vegetation management as per the adopted maintenance regime / operational manual.

2.20   Prior to the handover of GPTs and related stormwater infrastructure Council will require compliance with Council’s WSUD Technical Guidelines (Version 2).

2.21   A Draft Operation and Maintenance manual for the proposed stormwater treatment measures will also need to be submitted to Council for approval. The manual should include details on the cleaning / maintenance requirements as well as provide details on the estimated annual and lifecycle costs associated with the proposed treatment measures. The plan should include details on the following:

i.        Site description (area, imperviousness, land use, annual rainfall, topography etc)

ii.       Site access description

iii.      Likely pollutant types, sources and estimated loads

iv.      Locations, types and descriptions of measures proposed

v.       Operation and maintenance responsibility

vi.      Inspection methods (including inspection checklists)

vii.     Maintenance methods (frequency, equipment and personnel requirements);

viii.    Landscape and weed control requirements

ix.      Operation and maintenance costs;

x.       Waste management and disposal options; and

xi.      Reporting.

2.22     The ultimate Stormwater Quality Treatment measures must:

a)      Be consistent with the requirements of the Stormwater Management Study prepared by SKM for the overall development and Council’s WSUD policy.

b)      Meet the requirements of the NSW Office of Environment and Heritage and the NSW Office of Water including the siting and design of the water treatment measures.

c)      Have detailed engineering plans and supporting calculations for the 2 ultimate water quality and quantity basins (eastern and western) stormwater management systems prepared by a suitably qualified person and shall accompany a future development application. This will need to include a detailed stormwater management strategy which includes MUSIC modelling.

d)      Include details on the types of GPTs, including details on the location, access and maintenance requirements shall be submitted to Council for approval.

2.23   Dust suppression techniques are to be employed during construction to reduce any potential nuisances to surrounding properties.

2.24   All soil material stockpiled for future use on the site is to be stored in such a manner so as to minimise dust.

2.25   Construction works shall be carried out in accordance with the NSW Department of Environment and Climate Change’s (2009) “Interim Construction Noise Guideline.

2.26   The soil salinity management measures outlined within the Western Precinct Plan must be implemented during construction.  The measures and recommendations outlined in the Salinity Review prepared by Geotech Testing Pty Ltd Ref 7508/23­AA Final Revised dated 8 March 2012 are to be adopted and implemented as a part of the development.

2.27   The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct.

2.28   Dust suppression techniques are to be employed during all works to reduce any potential nuisances to surrounding properties.

2.29   Mud and soil from vehicular movements to and from the site must not be deposited on the road.

2.30   Prior to commencement of works, sediment and erosion control measures shall be installed in accordance with the approved Construction Certificate and to ensure compliance with the Protection of the Environment Operations Act 1997. The erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.

2.31   Stormwater runoff from the development site shall be managed in accordance with the Interim Stormwater Management Strategy Report prepared by J. Wyndham Price dated October 2014 Reference Number 109343­ 10 Village 6.

2.32   Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that the following works are shown on engineering plans:

·        Provision of a 2.5m wide shared concrete footpath along the western side of Road No 3 from Chainage 270 ­ 410.

·        Replacement of the 2.5m wide shared concrete path with a 1.5m wide concrete footpath on the eastern side of Road No 3 from Chainage 255 ­ 330.

·        Provision of a 3m wide heavy duty concrete access path for the length of the access handle adjoining Lots 6075 & 6077 and Xavier College. The access path is to extend to the kerb return Road No 3 with provision of a heavy duty gutter crossing. The access path shall also link to the 2.5m wide shared path along the western side of Road No 3. Lockable bollards are to be provided at each end of the access path.

·        Relocation of the 2.5m wide shared concrete path from the western side of Road No 7 (Chainage 0 ­ 135) to the eastern side of Road No 7 (Chainage 0 ­ 135).

·        Provision of a 1.5m wide concrete path along the western side of Road No 7 (Chainage 56 ­ 155) The longitudinal gradient of Road No's 3 & 4 are at a minimum grade of 1%.

All bicycle path construction is to be in accordance with the relevant provisions of the RTA’s NSW Bicycle Guidelines and AUSTROADS Guide to Traffic Engineering Practice – Part 14 Bicycles.

2.33   All verge areas are to be turfed for the full width from back of kerb to property boundary at the completion of the works.

2.34   Seven (7) days prior to the commencement of works, a copy of the pavement design report is to be submitted to Penrith City Council.

2.35   Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that the proposed access driveway locations as shown on the building envelope plans for the lots accessing Ninth Avenue comply with sight distance requirements of AS2890 and Austroads Guidelines. Full details are to be submitted with the application for a Construction Certificate

2.36   All construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Ninth Avenue.

2.37   Prior to the issue of a Subdivision Certificate, the Principal Certifying Authority shall ensure that all works relating to the utility service lead in works within public road reserves have been inspected and approved by Penrith City Council.

2.38   Prior to the issue of a Subdivision Certificate, a Section 88B restrictive covenant in accordance with the Conveyancing Act, 1919 is to be registered against Lots 6153 ­ 6163 that no vehicular access to Ninth Avenue is permitted.

 

 

 

2.39   The development proposal is to comply with the subdivision layout identified on the drawing prepared by Lend Lease, number: D646, sheets 1­5, dated 13/03/2015, with the exception of all lots from the east boundary of Xavier College to the Northern Road, pending discussion between the applicant, Council and the College regarding the possibility of a buffer zone.

Advisory Note: The site is subject to the provisions of the St Marys Penrith Planning Agreement, as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement, as amended.

 

                   3.       Those who made a submission be advised of Council’s decision.

 

An AMENDMENT was moved by Councillor Michelle Tormey seconded Councillor Kevin Crameri OAM that consideration of this matter be deferred pending urgent discussions with the applicant.

 

The AMENDMENT was PUT.

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

For

Against

 

Councillor Kevin Crameri OAM

Councillor Prue Car MP

Councillor Maurice Girotto    

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

Councillor Michelle Tormey

Councillor Karen McKeown

 

Councillor Jim Aitken OAM

                            

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

The AMENDMENT was LOST.

 

The MOTION was PUT.

 

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

For

Against

 

Councillor Prue Car MP

Councillor Kevin Crameri OAM

Councillor Greg Davies

Councillor Maurice Girotto    

Councillor John Thain

Councillor Marcus Cornish

Councillor Karen McKeown

Councillor Michelle Tormey

Councillor Jim Aitken OAM

Councillor Bernard Bratusa   

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Ross Fowler OAM

 

 

The MOTION was CARRIED.

 

 

Having previously declared a Pecuniary Interest in Item 4, His Worship the Mayor, Councillor Ross Fowler OAM, vacated the Chair and left the Chamber for consideration of this Item, and the Deputy Mayor, Councillor Greg Davies took the Chair for consideration of this Item, the time being 10:52pm.

 

 

4        Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia Applicant: Tony Fragar Design Pty Ltd;  Owner: ~B.N. Fowler Pty Ltd

Councillor Marcus Cornish left the meeting, the time being 10:52pm.                                        

 

130  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM

That:

1.    The information contained in the report on Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia be received.

2.    Development Application DA15/0122 for Construction of New Dwelling to Rear of Existing Post Office/Residence at Lot 10 DP 1508, (No. 1589) Mulgoa Road, Wallacia be approved subject to the following conditions:

                             Standard Conditions:

                             A001 – Approved plans

                             A008 – Works to BCA requirements

                             A019 – Occupation Certificate

                             A046 – Obtain Construction Certificate before commencement of works

                             B001 – Demolition of existing structures

                             B002 – Demolition and disposal to approved landfill site

                             B003 – Asbestos

                             B004 – Dust

                             B005 – Mud/soil

                             B006 – Hours of work

                             D001 – Implement approved sediment and erosion control measures

                             D009 – Covering of waste storage area

                             D010 – Appropriate disposal of excavated or other waste

                             E001 – BCA compliance

                             E005 – Smoke detectors

                             F006 – Water tank and nuisance

                             G003 – Section 73 Certificate

                             G004 – Endeavour Energy clearance

                             G005 – Rainwater tank plumbing

                             H001 – Stamped plans and erection of site notice

                             H002 – During construction requirements

                             H011 – Engineering plans and specifications

                             H014 – Slabs/footings

                             H015 – Termites

                             H022 – Survey

                             H033 – Clothesline

                             H036 – Rainwater tank

                             H037 – Safe supply of water from catchment areas

                             H038 – Connection of rainwater tank supply

                             H039 – Rainwater tank pumps

                             H041 – Hours of work

                             J001 – Excavated material removal

                             J002 – Fencing when water in pool

                             J004 – Pool fence (residential)

                             J007 – Boundary fencing

                             J009 – Backyard pool safety package

                             J010 – Pool board/sign

                             K101 – Works at no cost to Council

                             K202 – Section 138 Roads Act Approval

                             K202A – Infrastructure bond

                             K208 – Stormwater discharge

                             K215 – Flood planning level

                             K217 – Flood compatible materials

                             K221 – Access, car parking and manoeuvring

                             K403 – Flood proofing of electrical services

                             K501 – Penrith City Council clearance (Roads Act Approval)

                             L001 – Landscaping in accordance with plans

                             L005 – Planting of plant material

                             L006 – Australian Standard for landscaping

                             L007 – Tree protection measures

                             L008 – Tree Preservation Order

                             L012 – Retain existing landscaping

                             N001 – Section 94 contribution – Cultural Facilities

                             N001 – Section 94 contribution – District Open Space

                             N001 – Section 94 contribution – Local Open Space

                             P001 – Works to be done at no cost to Council

                             P002 – Fees associated with Council land

                             Q01F – Notice of Commencement and Appointment of PCA

                             Q05F – Occupation Certificate

 

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

For

Against

 

Councillor Prue Car MP

 

Councillor Greg Davies

 

Councillor John Thain

 

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Maurice Girotto                       

 

Councillor Kevin Crameri OAM

 

Councillor Jim Aitken OAM

 

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

 

The Deputy Mayor, Councillor Greg Davies then vacated the Chair and His Worship the Mayor, Councillor Ross Fowler OAM returned to the Chamber and took the Chair, the time being 10:53pm.

 

 

 

Outcome 3 - We can get around the City

 

5        2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths                                                                                      

131  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on 2015/16 Traffic and Safety Management Programs - Active Transport - Offer of Funding for Design of Shared-Use Paths be received.

2.    Council accept the 100% funding offer of $365,000 from the Roads and Maritime Services for the 2015/16 Traffic Management Programs – Active Transport.

3.    Council write to the Minister for Roads, Roads and Maritime Services and the State Member for Penrith, the Hon Stuart Ayres MP, the State Member for Mulgoa, Mrs Tanya Davies MP and the State Member for Londonderry, Ms Prue Car MP, expressing appreciation of the funding offer and of their continued support.

 


 

 

6        2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding                                                                                                                              

132  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on 2015/16 Nation Building Blackspot and Safer Roads Programs - Acceptance of Project Funding be received.

2.    Council accept grant funding of $400,000 offered for the five successful Black Spot Projects shown in Table 1, under the 100% Federally Funded Nation Building Black Spot Program for the 2015/16 financial year.

3.    Council accept grant funding of $301,000 offered for the two successful Black Spot Projects shown in Table 2, under the 100% State Funded Safer Roads Program for the 2015/16 financial year.

4.    Council write to the Federal Member for Lindsay, Ms Fiona Scott MP, thanking her for the continued support of road safety improvements.

5.    Council write to the State Member for Penrith, the Hon Stuart Ayres MP and the State Member for Mulgoa, Mrs Tanya Davies MP thanking them for their continued support of road safety improvements.

 

 

Outcome 4 - We have safe, vibrant places

 

7        Werrington Community Cottage                                                                                     

133  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Werrington Community Cottage be received.

2.    Werrington Cottage, located at 13-19 Cottage Street, Werrington be demolished.

3.    The Werrington Community Cottage Management Committee be formally dissolved.

4.    A morning or afternoon tea be held for the Management Committee members in recognition of their service to Council.

 


8        Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park                      

134  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Tender Reference 14/15-16 Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park be received.

2.    In accordance with Section 178 (1)(b) of the Local Government (General) Regulation 2005 that the Council not accept any tender for the Construction of Sportsfield & Associated Infrastructure for Glenmore Park Sportsfield Stage 2, Parkway Avenue Glenmore Park.

3.    In accordance with Section 178 (3)(b) of the Local Government (General) Regulation 2005 that Council invite fresh tenders for civil works & landscape works, including irrigation and lighting with minor adjustments to suit the site conditions.

 

4.    A further tender for the amenities block be undertaken when revised scope of work is completed.

 

 

Outcome 5 - We care about our environment

 

11      Fire and Rescue NSW Fire Safety Report

         

135  RESOLVED on the MOTION of Councillor Tricia  Hitchen seconded Councillor Ben Goldfinch

That:

1.    The information contained in the report on Fire and Rescue NSW Fire Safety Report be received.

2.    Council continue to monitor properties as part of its Fire Safety Audit Program.

3.    Council Officers update Fire and Rescue NSW of its decisions.

 

 

9        Penrith CBD Detailed Overland Flow Flood Study

Councillor Marcus Cornish returned to the meeting, the time being 10:55pm.

 

Councillors Prue Car MP, Jim Aitken OAM and Michelle Tormey left the meeting, the time being 10:55pm.        

 

 

136  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Bernard Bratusa

That:

1.    The information contained in the report on Penrith CBD Detailed Overland Flow Flood Study be received.

2.    The Penrith CBD Detailed Overland Flow Flood Study 2014 be adopted.

3.    The Penrith CBD Detailed Overland Flow Flood Study 2014 be made available to the public through Council’s website.

4.    Council implement the communication strategy detailed in the body of the report to advise property owners and the public of the adoption of the flood study.

5.    Council update s149 (2) flood planning notations by including properties identified by the Penrith CBD Detailed Overland Flow Flood Study 2014 as affected by the Flood Planning Levels (100 year flood level plus 500mm freeboard).

 

10      Drainage Issues at Littlefields Road, Mulgoa

Councillor John Thain returned to the meeting, the time being 10:57pm.

Councillor Tricia Hitchen left the meeting, the time being 10:57pm.

         

137  RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain that consideration of this matter be deferred to allow further consultation with the affected residents.

 

 

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

 

12      Draft Keeping of Animals Local Orders Policy

Councillor Tricia Hitchen returned to the meeting, the time being 10:59pm.                               

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

That:

1.    The information contained in the report on Draft Keeping of Animals Local Orders Policy be received.

2.    The draft Keeping of Animals Local Orders Policy be placed on public exhibition for 30 days to seek comment from the community.

 

 

Outcome 7 - We have confidence in our Council

 

15      Proposed Permanent Closure of Part Ninth Avenue, Llandilo                                    

139  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Proposed Permanent Closure of Part Ninth Avenue, Llandilo be received.

2.    Council approve the procedure to apply to NSW Trade and Investment (Crown Lands) to permanently close Part Ninth Avenue Llandilo.

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

 


 

 

16      Amendment to the Council's 2015 Meeting Calendar                                                  

140  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Amendment to the Council's 2015 Meeting Calendar be received.

2.    Council’s meeting calendar be amended by transferring a Policy Review Committee Meeting scheduled for 15 June 2015 to 22 June 2015.

 

 

17      Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services                                                                                                                              

141  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Tender Reference RFT14/15-27 for the Provision of Web Development and Hosting Services be received.

2.    In accordance with Section 178 (1)(b) of the Local Government (General) Regulation 2005 that the Council not accept any tender for the Provision of Web Development and Hosting Services.

3.    In accordance with Section 178 (3)(b) of the Local Government (General) Regulation 2005 that Council invite fresh tenders for the Provision of Web Development and Hosting Services.

 

4.    Further market research be conducted prior to the calling for fresh tenders and that the outcomes of the research be taken into consideration in the preparation of the fresh tender documents.

 

5.    Bluecentral Pty Limited be advised of the Council’s decision to not accept any tenders and call for fresh tenders.

 

 

18      Organisational Performance Report - March 2015                                                       

142  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Organisational Performance Report - March 2015 be received.

2.    The Organisational Performance Report - March 2015 as at 31 March 2015, including the revised estimates outlined in this report and detailed in the attached Organisational Performance Report – March 2015 be adopted.

 


 

 

19      Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16                                                                                                                                

143  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Local Government Remuneration Tribunal Determination for Mayor and Councillors for 2015-16 be received.

2.    The fees payable to the Mayor and Councillors for 2015-16 be set at the maximum level permitted.

 

21      Summary of Investments and Banking for the period 1 April 2015 to 30 April 2015

144  RESOLVED on the MOTION of Councillor Ben Goldfinch seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Summary of Investments and Banking for the period 1 April 2015 to 30 April 2015 be received.

2.    The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 April 2015 to 30 April 2015 be noted and accepted.

3.    The graphical investment analysis as at 30 April 2015 be noted.

 

14      Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases

Councillor Prue Car returned to the meeting, the time being 11:00pm.

 

Councillor Bernard Bratusa left the meeting, the time being 11:00pm.

 

Councillor Jim Aitken OAM returned to the meeting, the time being 11:00pm.

 

Councillor Kevin Crameri OAM left the meeting, the time being 11:00pm.

 

Councillor Michelle Tormey returned to the meeting, the time being 11:01pm.        

 

 

145  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Maurice Girotto

That:

1.    The information contained in the report on Request to Demolish Units 1, 2, 3, 4 & 6 at 682 High Street Penrith on Termination of Existing Residential Leases be received.

2.    Council provide complying notices to terminate the tenancies as they arise following lease termination dates.

 

 

3.    Council supply removalist assistance to the tenant in Unit 3 and cease charging rental in lieu of continued leasing for more than 20 years to assist compliance with the Residential Act – long term tenants termination of lease rights.

4.    Council undertake demolition of the premises at conclusion of leasing terms of Units 1, 2, 3, 4 & 6, 682 High Street, Penrith.

 

20      Australian Local Government Women's Association (ALGWA) NSW Conference 2015   

146  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Karen McKeown that the information contained in the report on Australian Local Government Women's Association (ALGWA) NSW Conference 2015 be received.

 

13      Update on the Fire at Severn Street, St Marys

Councillor Bernard Bratusa returned to the meeting, the time being 11:02pm.

         

147  RESOLVED on the MOTION of Councillor Michelle Tormey seconded Councillor Greg Davies

That:

1.    The information contained in the report on Update on the Fire at Severn Street, St Marys be received.

2.    Council Officers engage with the EPA on training opportunities.

 

 

REQUESTS FOR REPORTS AND MEMORANDUMS and URGENT BUSINESS

 

RR 1           Code of Meeting Practice   

Councillor Marcus Cornish requested a memo to all Councillors concerning the currency of the Code of Meeting Practice supplied to Councillors and requesting a copy of the updated  Code to be supplied to all Councillors.

 

Councillor Kevin Crameri OAM returned to the meeting, the time being 11:04pm.

 

UB 1           Holding of People's Poll     

Councillor Marcus Cornish requested that a People’s Poll be held on whether the residents of Penrith want a mosque or Islamic prayer hall in the Penrith Local Government Area.

 

148  RESOLVED on the MOTION of Councillor Marcus Cornish seconded Councillor Kevin Crameri OAM 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.

 

The MOTION was PUT.

 

Councillor Marcus Cornish called for a DIVISION.

 

For

Against

 

Councillor Marcus Cornish

Councillor Prue Car MP

Councillor Maurice Girotto    

Councillor Greg Davies

Councillor Jim Aitken OAM

Councillor John Thain

Councillor Kevin Crameri OAM

Councillor Karen McKeown

 

Councillor Michelle Tormey

 

Councillor Ben Goldfinch                

                            

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

The MOTION was LOST.

 

 

RR 2           Number of Premises in Penrith CBD - Legally and Illegally Operated     

Councillor Marcus Cornish requested a report to Council on the number of legal and illegal brothels, massage parlours and tattoo parlours in Penrith CBD, with the report to include how often Council checks compliance of these establishments and if they have ever been checked by Council.

 

RR 3           Petition - Rate Increase      

Councillor Kevin Crameri OAM tabled a petition from North Ward rural local residents objecting to any increase in Council rates and requested that this be taken into consideration when the rates are next being set.

 

RR 4           Petition regarding Cranebrook Shops

Councillor John Thain tabled a petition from Cranebrook residents urging Council to ensure that the development of the new Cranebrook shopping centre go ahead as a staged development as originally planned to ensure continuity of shopping access to the Cranebrook community.

 

RR 5           Skate Parks in Penrith Local Government Area   

Councillor Prue Car requested a report to Council investigating the construction of future skate parks in the Penrith LGA, particularly in the suburbs of St Marys and Cambridge Park.

 

Councillors Ben Goldfinch, Marcus Cornish and Prue Car MP left the meeting at 11:22pm and did not return.

 

Having previously declared a Non-Pecuniary Conflict of Interest – Significant in COW Item 2 - Status on Litigation and Compliance Matters,  Councillor Karen McKeown left the Chamber for consideration of this Item and did not return.

 

Committee of the Whole

 

149  RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 11:23pm.

 

 

1        Presence of the Public

 

CW1 RESOLVED on the motion of Councillor Kevin Crameri OAM seconded Councillor Maurice Girotto that the press and public be excluded from Committee of the Whole to deal with the following matters:

 

 

Outcome 5

 

2        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.

 

 

 

The meeting resumed at 11:28pm and the General Manager reported that the Committee of the Whole met at 11:23pm on 25 May 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, Kevin Crameri OAM, Maurice Girotto, Tricia Hitchen, 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        Status on Litigation and Compliance Matters                                                               

RECOMMENDED on the MOTION of Councillor Greg Davies seconded Councillor Bernard Bratusa

CW2 That the information contained in the report on Status on Litigation and Compliance Matters be received with further information to be provided in relation to the mechanism for reporting on matters which have been finalised.

 

 

 

ADOPTION OF Committee of the Whole

 

150  RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tricia Hitchen that the recommendations contained in the Committee of the Whole and shown as CW1 and CW2  be adopted.

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 11:32pm.


UNCONFIRMED MINUTES

 OF THE EXTRAORDINARY COUNCIL MEETING OF PENRITH CITY COUNCIL HELD IN THE

COUNCIL CHAMBERS

ON TUESDAY 9 JUNE 2015 AT 7:02PM

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 the Rev Neil Checkley.

PRESENT

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

 

APOLOGIES

151  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Ben Goldfinch that an apology be received for Councillor Mark Davies.

 

DECLARATIONS OF INTEREST

Councillor Kevin Crameri OAM declared a Non-Pecuniary Conflict of Interest – Less than Significant in – Item 1 – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs as he lives nearby in Llandilo, although some distance from the subject land, and stated that he would remain in the Chamber during the debate on this item.

 

SUSPENSION OF STANDING ORDERS

152  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Karen McKeown that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:08pm.

 

Michael Pate

 

Item 1  – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Pate, Principal of Xavier College, Llandilo, spoke in support of the Notice of Motion to Rescind a Resolution, and indicated from his discussions that the overwhelming feeling from the community he has spoken to is to not support the development application with no natural buffer zone.

 

Mr Pate opposed the roadway or housing as buffer zone options as it would not only impact on the environment but also the student needs and learning environment. Mr Pate outlined his concerns that a road could open the school up to vandalism, antisocial and heat issues by losing the natural buffer.

 

153  RESOLVED on the MOTION of Councillor Maurice Girotto seconded Councillor Kevin Crameri OAM that an extension of time be granted to enable the speaker to complete his address, the time being 7:14pm.

Mr Pate stated there are other options which could create a better development for all parties and that the school is not against development but has a strong preference for a natural buffer zone. Mr Pate concluded by reading out a statement from a student urging the Council to consider all the issues and not support the development.

 

Geoff Brown

 

Item 1  – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Brown, an affected person, spoke in support of the Notice of Motion to Rescind a Resolution, and supported the idea of retaining a natural buffer zone and to keep the area as is. Mr Brown spoke of there already being a reduction in the Cumberland Plain Woodland in the area and this development would see further losses. Mr Brown argued that Lend Lease has already had the benefit of an additional 1000 lots being added to this development.

 

154  RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marcus Cornish that an extension of time be granted to enable the speaker to complete his address, the time being 7:31pm.

 

Mr Brown outlined that he believes this is a significant development and would impact 90% of the bushland and that he proposed no development west of the riparian corridor and that an option could be to allow increased development on the eastern side of the development to maintain density for the applicant.

 

Lisa Harrold

 

Item 1  – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Ms Harrold, President of Cumberland Conservation Network and Mulgoa Valley Landcare Group, spoke in support of the Notice of Motion to Rescind a Resolution, and suggested that Council defer the Development Application to focus on the corridor. Ms Harrold asked Council to consider reformatting or reshaping the development application to better protect the corridor, and suggested an option might be to change the density somewhere else in the subject area to better optimise the overall biodiversity outcome.

 

Arthur Ilias

 

Item 1  – Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs

 

Mr Ilias, representing the applicant, spoke in opposition to the Notice of Motion to Rescind a Resolution, and outlined his support for the development application and current recommendations. Mr Ilias spoke about the importance of continuing to make land supply available and that any further deferral of this development would affect housing affordability for a large number of people. Mr Ilias outlined the contact Lend Lease have had with the Catholic Education Office and conservation groups and that they were first directed to the Catholic Education Office by the School.

 

155  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia  Hitchen that an extension of time be granted to enable the speaker to complete his address, the time being 8:08pm.

 

Mr Ilias outlined that Lend Lease has previously amended plans after discussions with interested stakeholders and in good faith has agreed to a road buffer zone and prepared to increase a green linkage corridor from 60-100 metres. Mr Ilias concluded by acknowledging it is important for Lend Lease to realise the full development potential of the site consistent with the Council’s precinct plan.

 

RESUMPTION OF STANDING ORDERS

156  RESOLVED on the MOTION of Councillor Jackie Greenow OAM seconded Councillor Tricia  Hitchen that Standing Orders be resumed, the time being 8:14pm.

 

Notice of Motion to Rescind a Resolution

 

1        Development Application DA14/1550 Staged subdivision into 215 residential allotments, creation of residue open space lots, future riparian corridor and sewer pump lot and associated fire access lots, road and roundabout construction, earthworks and drainage works (Village 6) Lot 1125 DP 1158660 Ninth Avenue, Jordan Springs                     

157    RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Michelle Tormey that this Notice of Motion to Rescind a Resolution be received.

the MOTION was put.

the mOTIOn was LOST.

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

For

Against

 

Councillor Kevin Crameri OAM

Councillor Prue Car MP

Councillor Maurice Girotto    

Councillor Greg Davies

Councillor Marcus Cornish

Councillor John Thain

Councillor Michelle Tormey

Councillor Karen McKeown

 

Councillor Jim Aitken OAM

                            

Councillor Ben Goldfinch

 

Councillor Tricia Hitchen

 

Councillor Bernard Bratusa   

 

Councillor Ross Fowler OAM

 

Councillor Jackie Greenow OAM

 

REQUESTS FOR REPORTS AND MEMORANDUMS

 

RR 1           Qantas Plane Fuel Dumping - Blue Mountains     

Councillor Kevin Crameri OAM requested Council investigate and provide a response regarding a recent video on Channel 9 showing a plane allegedly dumping fuel over the Blue Mountains.

 

URGENT BUSINESS

 

UB 1           Leave of Absence Request

Councillor Greg Davies requested leave of absence for the period 20 June 2015 to 29 June 2015 inclusive.

158  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM 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.

 

159  RESOLVED on the MOTION of Councillor John Thain seconded Councillor Jackie Greenow OAM that Councillor Greg Davies be granted leave of absence for the period 20 June 2015 to 29 June 2015 inclusive.

 

There being no further business the Chairperson declared the meeting closed the time being 8:41pm.

 


PENRITH CITY COUNCIL

 

Procedure for Addressing Meetings

 

Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.

 

Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.

 

Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.

 

In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.

 

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

 

It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege).  A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.

 

Prior to addressing the meeting the person will be required to sign the following statement:

 

“I (name) understand that the meeting I intend to address on (date) is a public meeting.  I also understand that should I say or present any material that is inappropriate, I may be subject to legal action.  I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.

 

Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.

 

The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.

 

It is up to the Council or Committee to decide if the request to address the meeting will be granted.

 

Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.

 

The Chairperson will then call the person up to the lectern or speaking area.

 

The person addressing the meeting needs to clearly indicate:

 

·       Their name;

 

·       Organisation or group they are representing (if applicable);

 

·       Details of the issue to be addressed and the item number of the report in the Business Paper;

 

·       Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;

 

·   The interest of the speaker (e.g. affected person, neighbour, applicant,        applicants spokesperson, interested citizen etc).

 

Each person then has five minutes to make their address.  Those addressing Council will be required to speak to the written statement they have submitted.  Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue. 

 

The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.

 

Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.

 

When this occurs, they should then return to their seat.

 

Glenn McCarthy

Public Officer

02 4732 7649                                                

   


Mayoral Minutes

 

Item                                                                                                                                                Page

 

1        Locals recognised in Queen's Birthday Honours                                                               1

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

Mayoral Minute

Locals recognised in Queen's Birthday Honours

Strategy: Provide opportunities for our community to be healthy and active

           

 

Two Penrith residents, and a former resident with a strong history of contributing to our community, were recognised for their outstanding achievements and service in the 2015 Queen’s Birthday Honours List on 8 June 2015.

 

I’d like to congratulate these individuals on this well-deserved honour and thank them for their outstanding contributions to Penrith City.

 

Mr Bruce Ronald Turner AM

Mr Turner, of Emu Plains, was acknowledged for his service to public administration through contributions to governance and risk management practices and the profession of internal auditing. This honour reflects Mr Turner’s work with the Rural, State and Reserve banks, State Rail and his involvement in several State Government committees. Before retirement, Mr Turner also worked with the ATO and is still active on nine boards and committees, including Western Sydney Local Health District, Western Sydney Parklands Trust and the Audit and Risk Committee of the Premier’s Department.

 

Dr Shiva Prakash OAM

Dr Prakash has worked as a General Practitioner (GP) in Penrith for more than 40 years. He was recognised for his service to medicine. In addition, Dr Prakash was a founding Director of Nepean Blue Mountains Medicare Local and its Chair, since 2012. He has held several offices on the board of the Nepean Division of General Practice and was the visiting medical officer at the Orchard Hills RAAF Base for 18 years. Dr Prakash is an Emeritus Consultant for Nepean Hospital and an examiner for the Royal Australian College of General Practice.

 

Mr Warren Robert Wilson AM

Mr Wilson has been the Chief Executive Officer of Panthers Rugby League Club since 2012 and was recognised for significant service to business and commerce through the sports entertainment industry, and to the community of Western Sydney. Mr Wilson played rugby league for St Marys in his youth and became the club’s treasurer when he was just 19. Since then, he has combined his love of sport with a distinguished career in business, including roles as CEO of Sky Channel and TAB Ltd. As CEO of Panthers Mr Wilson has strengthened the club’s position, both on and off the field. He is also a strong supporter of Panthers on the Prowl and Women in League.

 

These honourees were nominated as outstanding citizens by friends, family and peers. I will be writing to each recipient to convey our appreciation and congratulations and to invite them to a reception at Council.

 

Councillor Ross Fowler OAM

Mayor

 

 

RECOMMENDATION

That the Mayoral Minute on Locals recognised in Queen's Birthday Honours be received.

 

 

  


Reports of Committees

 

Item                                                                                                                                                Page

 

1        Report and Recommendations of the Local Traffic Committee Meeting held on 1 June 2015    1

 

2        Report and Recommendations of the Policy Review Committee Meeting held on 22 June 2015                                                                                                                                           14

 

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Local Traffic Committee MEETING

HELD ON 1 June, 2015

 

 

 

PRESENT

Councillor Marcus Cornish, Councillor Tricia Hitchen (Representative for Member for Penrith), Councillor Karen McKeown (Representative for Member for Londonderry), Mark Elliott – St Marys LAC, Matt Shirvington – Penrith LAC, Steve Grady – Busways, Wayne Mitchell – Executive Manager Environment and City Development, Adam Wilkinson – Engineering Services Manager, David Drozd (Chair) – Traffic Engineering Coordinator, Bernard Meier – Signs and Linemarking Officer, Steve Purvis – Council Ranger, Catherine Waerner – Road Safety Officer, Ruth Byrnes – Senior Traffic Officer, Daniel Davidson – Senior Traffic Engineer, Graham Green – Senior Traffic Engineer, Caitlin Bailey – Trainee Engineer.

 

 

APOLOGIES

James Suprain – Roads and Maritime Services, Councillor Jackie Greenow OAM

 

CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 4 May 2015

The minutes of the Local Traffic Committee Meeting of 4 May 2015 were confirmed.

 

The Chair raised a personal thank you from Mr Farrugia in regard to a previous Local Traffic Committee item - Cobb Avenue and Snowden Street, Jamisontown.

 

 

DECLARATIONS OF INTEREST

 

 Nil.

 

DELIVERY PROGRAM REPORTS

 

Outcome 3 - We can get around the City

 

1        William Howell Drive, Glenmore Park - Proposed installation of "No Stopping" zone signage                                                                                                                               

RECOMMENDED

That:

1.   The information contained in the report on William Howell Drive, Glenmore Park - Proposed installation of "No Stopping" zone signage be received.

2.   That the existing “No Stopping 8.00am – 9.30am 2.00pm – 4.00pm School Days” signage be removed from the southern corner of William Howell Drive with Marcus Clarke Crescent.

3.   That “No Stopping” zone signage be installed on all corners of the intersections of Pritchard Place and Marcus Clarke Crescent with William Howell Drive at the statutory 10 metres from the corners.

4.   That the resident who made the enquiry about pedestrian safety, affected properties and Bethany Catholic Primary School be advised of Council’s resolution.

 

 

2        Lonsdale Street, St Marys - Proposed upgrade of pedestrian refuge                        

LTC Comment: The representative for the Member for Penrith asked if a lighting assessment and TGSI’s (tactile ground surface indicators) could be included in the design.

 

RECOMMENDED

That:

1.    The information contained in the report on Lonsdale Street, St Marys - Proposed upgrade of pedestrian refuge be received.

2.    Council’s Design Co-ordinator be requested to prepare a design for the reconstruction of the existing pedestrian refuge on Lonsdale Street, St Marys, with a further report submitted to the Local Traffic Committee for design plan finalisation and endorsement.

3.    The project be funded from a future Urgent Local Traffic Committee budget.

4.    The resident and Councillor Prue Car be advised of Council’s resolution.

5.     A street lighting assessment be conducted in accordance with Council’s Public Domain lighting Policy (August 2004) to ensure compliance with the relevant lighting category and that TGSI’s (tactile ground surface indicators) be considered in the final design.

 

 

3        DEFQON.1 Music Festival and associated camping - Sydney International Rowing Centre on 19 September, 2015                                                                                                     

LTC Comment: The Police LAC representative noted there were issues with pedestrians leaving the event, and requested that lighting and temporary bollards be provided along Old Castlereagh Road by the event applicant due to safety reasons.

RECOMMENDED

That:

1.    The information contained in the report on DEFQON.1 Music Festival and associated camping - Sydney International Rowing Centre on 19 September, 2015 be received.

2.    Subject to a consent being granted for  Development Application 15/0477, the Traffic Management Plan for the DEFQON.1 Music Festival to be held between 18-20 September, 2015 (event and camping) be endorsed, subject to the following conditions:

(a)     The event applicant be advised that this is a Class 2 Event under the Roads and Maritime Services’ “Guide to Traffic and Transport Management for Special Events” and that all conditions and requirements specified in the Guide must be complied with prior to the event.

(b)     Separate approval is to be obtained from Transport for NSW (TfNSW) for the temporary partial closure of the commuter car park, north of Penrith Railway Station.

(c)     Separate approval is to be obtained from Roads and Maritime Services (RMS) for the proposed speed limited reduction on Old Castlereagh Road, Penrith.

(d)     Separate approval is to be obtained from Roads and Maritime Services (RMS) for the proposed temporary contingency State Road closures and restrictions, as listed in the Traffic Management Plan.

(e)     Approval be given for the temporary contingency local road closures and restrictions, as listed in the Traffic Management Plan.

(f)     A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

(g)     A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event. 

(h)     The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

(i)      The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

(j)      The event applicant advertise the traffic arrangements in local newspapers a minimum of two weeks prior to the event and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services’ Technical Direction TDT2002/11c.

(k)     The event applicant deliver an information letterbox drop and personal communication to all business proprietors, property owners/tenants, residents and other occupants in the affected streets two weeks prior to the event.  Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed.

(l)      The event organiser notify the Ambulance Service of NSW and fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submit a copy of the notification to Council prior to the event.

(m)   The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

(n)     Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.  Temporary mini-loop bus service stops on public roads shall be approved by the Roads and Maritime Services.  In addition, lighting at these bus stops must be for pedestrian purposes and not affect drivers’ vision on adjacent public roads.  All proposed bus stops shall have appropriate facilities for people with disabilities.

(o)     The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

(p)     The event applicant shall ensure that participants obey road rules and Police directions during the event.

(q)     The event applicant provide lighting and temporary bollards along Old Castlereagh Road to improve pedestrian management.

 

3.    Subject to a consent being granted for  Development Application 15/0477, a consent condition be imposed that the applicant is to submit a Traffic Management Plan prior to each future DEFQON.01 Musical Festival event for the consideration of the Local Traffic Committee.

4.    The event organisers be advised of Council’s resolution.

 

 

4        Ride to Conquer Cancer - Saturday 10 and Sunday 11 October, 2015                       

LTC Comment: The representative for Penrith LAC indicated that a Schedule 1 form would not be required for this event. Councillor Marcus Cornish raised concerns about the need to enforce reduced speed limits along Castlereagh Road. Adam Wilkinson raised concerns on behalf of Councillor Jackie Greenow OAM regarding impacts on traffic and safety efficiency along that section of the proposed route through the Saddington/Pages Road precinct. The Committee considered this, and agreed that it would be better to avoid the main road (Mamre Road and the Great Western Highway) and focus on local road networks as exists, noting that the disruption is for a limited period.

RECOMMENDED

That:

1.    The information contained in the report on Ride to Conquer Cancer - Saturday 10 and Sunday 11 October, 2015  be received.

2.    The Traffic Management Plan for the Class 2 Special Event, for the  “Ride to Conquer Cancer” cycling event to be held on Saturday 10 October and Sunday 11 October, 2015 be endorsed, subject to the following conditions:

a)   A Traffic Management Plan including a Risk Management Plan be lodged by the event applicant with the Roads and Maritime Services and the Transport for NSW Traffic Management Centre for approval, prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

b)   The event applicant obtains separate approval from the NSW Police, with a copy of the NSW Police approval submitted to Council prior to the event.

c)   The event applicant submits to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, 30 days prior to the event.  In addition, the event applicant indemnifies Council, in writing, against all claims for damage and injury which may result from the proposed event.

d)   A detailed Traffic Control Plan be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event.

e)   The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

f)    The event applicant provides advice to Council prior to the event that the event complies with the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

g)   The event applicant advertise the event in local newspapers a minimum of two weeks prior to the event, and provide variable message signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

h)   The event applicant notifies Ambulance Service of NSW, fire brigades (Fire & Rescue NSW and NSW Rural Fire Service) and NSW State Emergency Service of the proposed event and submits a copy of the notification to Council prior to the event.

i)    The event applicant make a request to Fire & Rescue NSW and the NSW Rural Fire Service that any programmed hazard reduction burning in the region that may impact on the “Ride to Conquer Cancer” be postponed for the weekend of the event.

j)    The event applicant notifies bus companies of the proposed event and submits a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise any changed routes for affected buses at least one week prior to, and during, the event.

k)   Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report to be submitted to the next available Local Traffic Committee meeting.

l)    The event applicant ensures that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

m)  The event applicant ensures that competitors obey road rules and Police directions during the event.

n)   Any affected properties along the event route be advised of the proposal by the applicant.

3.    All proposed speed limit reductions are not approved by this notice and are subject to the separate approval of the Roads and Maritime Services.

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

 

 


 

 

5        Re-enactment of "1915 Coo-ee Enlistment March" in Penrith between Saturday 7 and Sunday 8 November, 2015                                                                                                

RECOMMENDED

That:

1.     The information contained in the report on Re-enactment of "1915 Coo-ee Enlistment March" in Penrith between Saturday 7 and Sunday 8 November, 2015 be received.

2.    The Traffic Management Plan for the Class 2 and 4 Special Event pursuant to Roads and Maritime Services “Guidelines for Traffic and Transport Management for Special Events” for the Re-enactment of the “1915 Coo-ee Enlistment March”  between Saturday 7 and Sunday 8 November, 2015, as it relates to Penrith LGA, be endorsed subject to the following conditions:-

(a)  Approval be given for the temporary closure of High Street, between Henry and Woodriff Streets, Penrith on Saturday 7 November, 2015 between 12.30pm and 12.45pm.

(b)  A Traffic Management Plan, including a Risk Management Plan, be lodged by the event applicant with the Roads and Maritime Services for approval prior to the event.  A copy of the Roads and Maritime Services approval must be submitted to Council prior to the event.

 

(c)  The event applicant obtain separate approval from the NSW Police and submit a Schedule 1 Form under the Summary Offences Act to the NSW Police prior to the event.  A copy of the NSW Police approval must be submitted to Council prior to the event.

 

(d)  The event applicant submit to Council a copy of Public Liability Insurance (usually a Certificate of Currency) of minimum $10 million, prior to the event.  In addition, the event applicant indemnify Council in writing against all claims for damage and injury which may result from the proposed event.

 

(e)  A detailed Traffic Control Plan shall be prepared by a qualified and certified professional and submitted to Council, the Roads and Maritime Services and NSW Police prior to the event. 

 

(f)  The event applicant arrange to place barricades and provide Roads and Maritime Services accredited Traffic Controllers where required by the approved Traffic Management Plan.  Where the Traffic Management and Traffic Control Plans indicate Traffic Controllers are to be used, all Traffic Controllers must have current Roads and Maritime Services certification.

 

(g)  The event applicant must provide advice to Council prior to the event that the event addresses all requirements of the NSW Occupational Health & Safety Act 2000 and the NSW Occupational Health & Safety Regulations 2001.

 

(h)  The event applicant advertise the proposed temporary road closure in local newspapers a minimum of two weeks prior to the event, and provide Variable Message Signs (VMS) in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection.  VMS boards should be located in accordance with the Roads and Maritime Services Technical Direction TDT2002/11c.

 

(i)   A minimum of two weeks prior to the event in Penrith, the event applicant deliver communication to all business proprietors, property owners/tenants, residents and other occupants in the streets proposed to be closed.   Any concerns or requirements must be resolved by the applicant or referred back to Council for consideration.  Satisfactory arrangements must be made to address such concerns to allow the event to proceed in Penrith.

 

(j)   Signposting advising the date and time of all closures be provided and erected by the event organiser two weeks prior to the event (the applicant to liaise with the Roads and Maritime Services regarding size of sign and text height).

 

(k)  The event organiser notify ambulance and fire brigade (NSW Fire Brigade and Rural Fire Services) and State Emergency Services of the proposed event and submit a copy of the notification to Council prior to the event.

 

(l)   The event applicant notify private bus companies of the proposed event and submit a copy of the notification to Council prior to the event.  Bus companies shall be requested to advertise the changed route for affected buses at least one week prior to, and during, the event.

 

(m) Should the consultation process resolve to temporarily relocate bus stops or bus routes that were not indicated in the original Traffic Management Plan, a further report will be required to be submitted to the next available Local Traffic Committee meeting.

 

(n)  The event applicant shall ensure that noise control measures are in place as required by the Protection of the Environment Operations (Noise Control) Regulation 2000.

 

(o)  The event applicant is to ensure that participants obey road rules and Police directions during the event.

 

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

 

 

6        Bartok Grove, Walkers Lane, Bax Glen and Clarence Road, St Clair - Installation of 'No Stopping' zones access during school times for Blackwell Public School               

RECOMMENDED

That:

1.    The information contained in the report on Bartok Grove, Walkers Lane, Bax Glen and Clarence Road, St Clair - Installation of 'No Stopping' zones access during school times for Blackwell Public School be received.

2.    Consultation takes place with affected residents on Clarence Road, Walkers Lane, Bartok Grove and Bax Glen regarding the proposal.

3.    Subject to no substantial objection, a “No Stopping 8.00am – 9.30am 2.30pm – 4.00pm school days” zone be removed from the northern side of Clarence Road as per Appendix 1 after the completion of the proposed pedestrian footpath works.  The “No Stopping 8.00am – 9.30am 2.30pm – 4.00pm school days” zone along the 67 metre school frontage on Clarence Road will be retained.

4.    “No Stopping” zones be installed at the regulatory 10 metre distance from the corners of Walkers Lane with Coowarra Drive and Walkers Lane with Bax Glen as shown on Appendix 2.

5.    “No Stopping 8.00am – 9.30am 2.30pm – 4.00pm school days” zones be installed on the southern side of Walkers Lane and the eastern side of Bartok Grove and Bax Glen.

6.    The residents who reported the matter and the School Principal be advised of Council’s resolution.

 

 

7        Coreen Avenue and Coombes Drive, Penrith - Endorsement of Signage and Linemarking Plan                                                                                                                                     

RECOMMENDED

That:

1.    The information contained in the report on Coreen Avenue and Coombes Drive, Penrith - Endorsement of Signage and Linemarking Plan be received.

2.    The signage and linemarking plan prepared by J. Wyndham Prince for a linemarking and signage upgrade (CHR intersection) of Coreen Avenue and Coombes Drive, Penrith (Plan No. 9470/CC309, dated 12 May 2015) be endorsed for construction (as shown in Appendix 1).

3.    All associated signage and linemarking is to be installed in accordance with Australian Standards.

4.    A street lighting assessment be conducted in accordance with Council’s Public Domain lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

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

6.    All costs associated with the installation of the signage, line marking  and street lighting upgrades if required shall be funded by the applicant.

 

 

8        Sydney Street, St Marys - Proposed "Two Hour Parking" Zones Fronting Shops  

RECOMMENDED

That:

1.    The information contained in the report on Sydney Street, St Marys - Proposed "Two Hour Parking" Zones Fronting Shops be received.

2.    “Two Hour Parking 8:30am – 6:00pm Mon – Fri 8:30am – 12:30pm Sat” be installed fronting the shops in Sydney Street, St Marys as shown on Appendix 1.

3.    The local businesses be advised of Council’s resolution.

 

9        Olympus Drive, St Clair - Proposed installation of "No Stopping" zone signage    

LTC Comment: The Committee considered the “No Stopping 8:00am – 9:30am 2:00pm – 4:00pm School Days” zone and recommended that it be changed to a full time “No Stopping” zone across the pedestrian path. The Committee discussed this change and decided to proceed with the full time “No Stopping” zone.

RECOMMENDED

That:

1.   The information contained in the report on Olympus Drive, St Clair - Proposed installation of "No Stopping" zone signage be received.

2.   A full time “No Stopping” zone of 10 metres be installed on Olympus Drive at the pedestrian path to Mint Close.

3.   “No Stopping” zone signage be installed on the corners of the intersection of Olympus Drive with Athena Court at the statutory 10 metres from the corners.

4.   Council’s City Works be requested to install a 4 metre pedestrian footpath and bollards on the grass verge adjacent to the school gate in the cul-de-sac of Athena Court.

5.   The Member for Mulgoa, Mrs Tanya Davies MP, the resident who made the enquiry, affected properties and Banks Public School be advised of Council’s resolution.

 

10      Rance Road and Walker Street, Werrington - Proposed "No Stopping" Signposting       

RECOMMENDED

That:

1.    The information contained in the report on Rance Road and Walker Street, Werrington - Proposed "No Stopping" Signposting be received.

2.    “No Stopping” signposting be provided at the intersection of Rance Road and Walker Street, Werrington as shown on Appendix 1.

3.    The resident who reported the matter and the residents adjacent to the intersection of Rance Road and Walker Street, Werrington be advised of Council’s resolution.

 

11      Parkes Avenue, Werrington - Design Plan Endorsement                                            

RECOMMENDED

That:

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

2.    Design Plans AV38 and AP108 (dated 08/05/2015) for two pedestrian refuges on Parkes Avenue at Victoria Street and Princess Street, Werrington, coupled with wire rope protection, be endorsed for construction, with funding provided from the 2015/16 Nation Building Black Spot Program.

3.    Consultation with affected residents to be undertaken.

4.    Subject to no substantial objections being received, the project designs to be implemented as per Design Plans AV38 and AP108.

5.    A street lighting assessment be conducted in accordance with Council’s Public Domain Lighting Policy (August 2004) to ensure compliance with the relevant lighting category.

 

12      Billington Place car park, Emu Plains - Changes to parking restrictions                  

LTC Comment: The Committee had discussions over the parking restrictions which are in place at this location. A discussion occurred in regard to whether to convert existing all-day spaces to 4 Hour Parking (as suggested) or whether to convert one row of the existing 2 Hour Parking into 4 Hour Parking spaces. It was discussed whether the 2 Hour Parking had sufficient parking capacity and accordingly it was decided that the existing 14 northernmost 2 Hour Parking restrictions be converted to 4 Hour Parking restrictions to balance the different parking needs in this car park. Councillor Marcus Cornish also requested the review of parking restrictions along the Great Western Highway between Old Bathurst Road and Billington Place. The Chair advised that this is an Roads and Maritime Services matter and they have previously investigated.

RECOMMENDED

That:

1.    The information contained in the report on Billington Place car park, Emu Plains - Changes to parking restrictions be received.

2.    The 14 northernmost (existing) 2 Hour Parking restrictions within the Billington Place car park be converted to 4 Hour Parking restrictions.

3.    Councillor Jim Aitken OAM and those businesses which made representation on this matter be advised in writing.

 

13      Lethbridge Street, Penrith - Proposed 4 Hour Parking Restrictions                          

LTC Comment: The Committee discussed the different parking needs in this precinct and considered that the introduction of 4 Hour Parking restrictions requires widespread consultation to ensure the needs are understood prior to implementation of any change. The Local Traffic Committee requested a further report be returned to the Committee once the consultation process had concluded.

RECOMMENDED

That:

1.    The information contained in the report on Lethbridge Street, Penrith - Proposed 4 Hour Parking Restrictions be received.

2.    Extensive consultation be undertaken with the adjoining properties, as well as Roads and Maritime Services (RMS)/Transport for NSW (TfNSW) (given that it is within 1 km radius of the Penrith Station) for the introduction of timed 4 Hour parking restrictions along the northern side of Lethbridge Street, Penrith; between Castlereagh and Evan Streets, with a further report  brought back to a future LTC meeting.

 

4.    The Mayor, Councillor Ross Fowler OAM be advised of the Committee’s resolution.

 

 

GENERAL BUSINESS

 

GB 1          Closure of Caddens Road East – Werrington Arterial Works

Council’s Senior Traffic Engineer tabled the details of the proposed closure of Caddens Road (associated with the Werrington Arterial road project) east for a period of 4 weeks. The Committee was notified that Burton Contractors will be required to notify the residents of the closure. This work is part of the 18 month project to construct the Werrington Arterial. The Committee noted that work zone speed signs were left up on Gipps Street whilst no work was occurring, and it was requested that Burton Contractors be advised to consider the removal of the speed zone signs during periods when no work is proceeding in that section of Gipps Street.

RECOMMENDED

That:

1.   Council note the information.

 

2.   Burton Contractors be requested to remove the speed zone signs in Gipps Street when no work is occurring along this section of road.

 

 

GB 2          Caddens Road, Claremont Meadows - Reopening        

Councillor Tricia  Hitchen asked when Caddens Road, Claremont Meadows will be reopening due to road works being conducted. The Committee was advised Council Officers understand that the road will be reopening in the coming week.

RECOMMENDED

That the information be noted.

 

 

GB 3          Russell Street, Emu Plains - Parking Restrictions         

The representative for Penrith LAC raised concerns about the parking restrictions at Russell Street, Emu Plains stating that it is a dangerous situation as trucks are breaching guidelines and sight distances are being restricted. The Committee discussed the concerns and a report will be tabled at the next available LTC meeting. Councillor Cornish requested that one space on the southern side of RusselI Street between Ian Cubitt’s Classic Home Improvements and Red Rooster be changed to 30 minute parking.

RECOMMENDED

That a report be presented to the next available LTC meeting investigating the possibility of prohibiting vehicles over 7m from parking in the spaces between the driveways of McDonalds and Ian Cubitt’s Classic Home Improvements. Further, the report is to consider the introduction of 30minute parking to the one space on the southern side between Ian Cubitt’s Classic Home Improvements and Red Rooster.

 


 

 GB 4         Old Castlereagh Road, Penrith - Speed Limit       

The representative for Penrith LAC raised concerns about the speed limit from the roundabout on Castlereagh Road through to Old Castlereagh Road. The Penrith LAC representative requested that the speed limit be reduced from 80km/h to 60km/h. Council’s Senior Traffic Engineer advised the Committee that this issue has been previously raised with the Roads and Maritime Services (RMS) and they considered a speed limit of 80hm/h to be acceptable. The Committee requested the Penrith LAC representative raise his concerns with the RMS directly.

RECOMMENDED

That Council note the information.

 

GB 5          Forbes Street, Emu Plains - Request for Linemarking  

Councillor Marcus Cornish requested that linemarking be reinstated in Forbes Street, Emu Plains as the traffic islands at the end of the street are difficult to see. Council’s Linemarking Officer notified the Committee that linemarking is set to be reinstated in this Street. Councillor Marcus Cornish also raised the issue of delineation of the two speed humps along Forbes Street. This will also be investigated for improvement.

RECOMMENDED

That:

1.   Council reinstate linemarking in Forbes Street, Emu Plains along with the missing keep left sign.

 

2.   Council investigate the delineation of the speed humps along Forbes Street.

 

 

GB 6          100 Years of Women in Policing March

The St Marys LAC representative advised the Committee that the Queen Street march has been amended and will now originate from Charles Hackett Drive thus reducing the planned route.

RECOMMENDED

That Council note the information.

 

GB 7          Intersection of Glossop Street and Adelaide Street, St Marys - Fatality

The St Marys Police LAC representative notified the Committee of a fatality which occurred at the intersection of Glossop and Adelaide Streets, St Marys. The representative advised that a coronial inquest will be undertaken.

RECOMMENDED

That Council note the information.

 

 

There being no further business the Chairperson declared the meeting closed the time being 12:00pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 1 June, 2015 be adopted.

 

 

 


Ordinary Meeting                                                                                                   29 June 2015

 

REPORT AND RECOMMENDATIONS OF THE
 Policy Review Committee MEETING

HELD ON 22 June, 2015

 

 

 

PRESENT

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

 

LEAVE OF ABSENCE

Leave of Absence was previously granted to Councillor Greg Davies for the period 20 June 2015 to 29 June 2015 inclusive.

APOLOGIES

Apologies were received from Councillors Marcus Cornish, Ben Goldfinch and John Thain.

 

Councillor Jim Aitken OAM left the meeting, the time being 7:04pm.

 

CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 11 May 2015

The minutes of the Policy Review Committee Meeting of 11 May 2015 were confirmed.

 

DECLARATIONS OF INTEREST

 

Nil.

 

 

DELIVERY PROGRAM REPORTS

 

Outcome 5 - We care about our environment

 

3        Western Sydney Regional Illegal Dumping (RID) Squad Agreement

Executive Manager – Environment & City Development, Wayne Mitchell introduced the report and invited RID Squad Co-ordinator Barry Ryan to give a presentation.

Councillor Jim Aitken OAM returned to the meeting, the time being 7:07pm.

RECOMMENDED

That:

1.    The information contained in the report on Western Sydney Regional Illegal Dumping (RID) Squad Agreement be received.

2.    Penrith City Council continues to be a member of the Western Sydney Illegal Dumping Squad.

3.    Penrith City Council continues to manage the Squad on behalf of the member Councils.

 


 

 

Outcome 4 - We have safe, vibrant places

 

2        Neighbourhood Action Plans - a progress report

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

RECOMMENDED

That:

1.   The information contained in the report on Neighbourhood Action Plans - a progress report be received.

 

2.   A further report be presented to Council regarding potential funding for the unfunded projects within the City.

 

 

1        Community Action Plans - a new model for the Penrith Neighbourhood Renewal Program

Place Manager, Jeni Pollard introduced the report and invited Neighbourhood Renewal Co-ordinator, Heather Chaffey to give a presentation.

 

Councillor Maurice Girotto left the meeting, the time being 7:34pm.

Councillor Maurice Girotto returned to the meeting, the time being 7:37pm.

Councillor Jim Aitken OAM left the meeting at 7:49pm and did not return.

RECOMMENDED

That:

1.    The information contained in the report on Community Action Plans - a new model for the Penrith Neighbourhood Renewal Program be received.

2.    Council endorse the proposed new model as outlined for the pilot program in Colyton.

3.    Council receive a further report early in 2016 with an update on progress of the pilot program and a proposed schedule for the roll out of the program across identified areas of the City.

4.     A further report be presented to a Councillor Briefing regarding the concepts outlined in this report

 

 

 

 

There being no further business the Chairperson declared the meeting closed the time being 7:50pm.

 

 

 

RECOMMENDATION

That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 22 June, 2015 be adopted.

 

  


DELIVERY PROGRAM REPORTS

 

Item                                                                                                                                                Page

 

 

 

Outcome 1 - We can work close to home

 

1        National Growth Areas Alliance Update                                                                             1

 

2        Tender  Reference  14/15-23  Provision  of  Ground  and  Lawn Maintenance Services 5

 

3        Children’s Services Department Federal Funding Grant – Children and Parenting Strategy       11

 

4        Penrith Business Alliance                                                                                                 14

 

 

Outcome 2 - We plan for our future growth

 

5        Development Application DA15/0161 Rural Shed Lot 68 DP 846098 (No.4) Cabernet Circuit, Orchard Hills    Applicant: Antonio Maltese;  Owner: ~Antonio and Angela Maltese

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               19

 

 

Outcome 4 - We have safe, vibrant places

 

6        RFT14/15-25 Mechanical Services Upgrade for the Joan Sutherland Performing Arts Centre                                                                                                                                              35

 

7        Metropolitan Greenspace Program: Placement of Common Seal to accept funding    41

 

 

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

 

8        RFT 14/15-12 Request for Tender for the Provision of a Library Management System    47

 

9        National Stronger Regions Fund - Round 2                                                                     52

 

 

Outcome 7 - We have confidence in our Council

 

10      Proposed Permanent Closure of Part Horace Street, Cranebrook and Part Francis Street, Cambridge Park                                                                                                               59

 

11      Proposed Acquisition of Easement for Transport for NSW 66kv Aerial Cables over Council Car Park at Emu Plains Station in connection with Nepean Green Bridge Project               63

 

12      2014-15 Borrowing Program                                                                                            68

 

 

13      Adoption of Council's 2015-16 Operational Plan & Fees and Charges, including amendments to the Community Plan and Delivery Program 2013-17                                                      72

 

14      Making of the Rate                                                                                                           90

 

15      NSW Electricity Infrastructure                                                                                         92

 

16      Membership of the Penrith CBD Corporation Board                                                       96

 

17      Summary of Investments and Banking for Period of 1 May 2015 to 31 May 2015        98

 

 

 

 


Outcome 1 - We can work close to home

 

Item                                                                                                                                                Page

 

1        National Growth Areas Alliance Update                                                                             1

 

2        Tender  Reference  14/15-23  Provision  of  Ground  and  Lawn Maintenance Services 5

 

3        Children’s Services Department Federal Funding Grant – Children and Parenting Strategy       11

 

4        Penrith Business Alliance                                                                                                 14

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

 

 

1

National Growth Areas Alliance Update   

 

Compiled by:               Ruth Goldsmith, Executive Manager - City Planning and Community

Authorised by:            Craig Butler, Assistant General Manager  

 

Outcome

We can work close to home

Strategy

Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors

Service Activity

Build on our partnerships and alliances to achieve shared aspirations for the City's future

      

 

Executive Summary

Council is a member of the National Growth Areas Alliance (NGAA) which was established to provide a national voice for outer metropolitan growth areas about the infrastructure and service needs resulting from rapid population expansion. With 24 LGA members,  over 4 million residents in these and similar areas and growth at double the national rate, these areas are nationally significant and deserve due recognition.

 

This report overviews the past, current and future activities of the NGAA.

 

Background

 

Focussing mainly at the Federal level, NGAA’s key objectives, as outlined in successive Strategic Plans, have included:

 

·    growth area issues reflected in Government policy

·    fairer and more stable funding for growth area infrastructure

·    NGAA would be the ‘go-to’ organisation on growth area issues

 

The approach has been having:

 

·    a solid research and evidence base

·    a strong Membership which could learn from each other

·    community engagement in presenting the strongest possible case to Government.

 

This report provides a summary of what has been achieved.

 

Funding Programs

Funding programs have been established as a direct result of NGAA’s advocacy (Suburban Jobs Program & RLCIP Strategic grants and Liveable Cities Program). These have provided a high proportion of available funding to growth areas or been reconfigured to take better account of growth areas (RDAF).  Many millions of dollars have been provided through these programs to build community facilities, boost skills and employment and to create innovative designs for the future.


 

 

In addition to these outcomes, NGAA has lent its support to individual Council projects via Budget submissions and Election platforms.  A number of these projects have been successful.  NGAA’s research has also been used at State Government level by some members, adding weight to proposals for funding.

 

Suburban Jobs Program

 

The Suburban Jobs Program has been of particular importance for outer suburban growth areas. Three pilot projects were awarded funding by the previous Government and continued by the current Government. The aim was to support state and local governments to plan and provide for increased local employment opportunities in the suburbs of Australia’s major capital cities that are subject to growth pressures.  These included:

 

·    The City of Melton received $14.6m towards its $21m Western Business Accelerator and Centre for Excellence.

·    The City of Playford received $11.3m towards its $16.6m Stretton Centre, an employment research and development facility to be located within the Playford Alive project area.

·    The University of Western Sydney received $13.5m towards the $29.5m Werrington Park Corporate Centre in Penrith.

 

All projects involve partnerships with research institutions and are all focussed on the jobs of the future. They are now coming to fruition with the first of them, Werrington Park, having been recently opened by the Minister for Communications, the Hon Malcolm Turnbull MP and Fiona Scott MP.

 

This program was established in direct response to NGAA’s advocacy and research, including input on the shape of the program and program guidelines.  Its importance cannot be over stated as a demonstration of the potential of outer growth areas and of what is possible. NGAA has accordingly continued to advocate for the Program. 

 

Examples of other successes for NGAA have been:

 

Regional and Local Community Infrastructure Program (RLCIP)

Councils above 30,000 people in areas of high growth received an additional amount for growth. In the competitive component, the majority of NGAA Member applications were successful with most receiving the full amount sought.  A number of the projects NGAA had been recommending as part of its annual budget submissions were funded under this program.

 

Liveable Cities Program

Eight projects, worth $5.9m were funded across NGAA areas out of a total of 26 funded projects and a total allocation of $20m.  This represents a third of all projects and of funding available nationally going to NGAA areas.

 

National Stronger Regions Fund

The National Stronger Regions Fund (NSRF), under the current Government has a number of features that had been advocated by NGAA. The fact that it is open to outer growth areas was something NGAA strongly advocated along with the expectation of an equitable allocation.  Input on program guidelines was also provided.


Credible Research and Data

NGAA research is a respected resource on a range of topics, with much of it providing information at both national and state levels, enabling Members to use it in their own advocacy.  Summary brochures contain snapshot information that regularly forms the backbone of NGAA national advocacy efforts.

 

Community engagement website, www.voicesofoutersuburbs.com.au provides a platform for residents, young people and businesses to tell of their experiences living and doing business in a growth outer suburb.  It provides a rich source of stories to capture media and politicians’ attention as well as informing NGAA and member Councils.

 

Relationships have also been built with a variety of academics, some of whom have spoken at NGAA events, have added weight to NGAA’s advocacy efforts and supported NGAA’s research findings.

 

Members can draw on NGAA’s research, brochures, academic presentations and stories from the ‘voices’ website.

 

Influence on Policy

NGAA’s solid reputation has seen the organisation invited on to Ministerial Advisory Groups and Officials’ working groups.    Submissions and presentations have been made to a number of Government Inquiries.  These opportunities and NGAA’s representations have seen outer suburban growth area issues well covered in a number of reports at the Commonwealth level and in Ministers’ and Shadow Ministers’ speeches and media releases. Highlights include:

 

National Urban Policy

Since its inception NGAA has advocated for a National Urban Policy that would take account of growth area needs. The previous Federal Government did have such a policy and one of its  key planks was the State of Australian Cities (SOAC) Report.  Early versions mentioned growth areas but the data was not disaggregated and this meant that a clear picture of what was happening in our areas was not available.  The SOAC 2013 Report for the first time included data and maps below capital city level, something NGAA had advocated since the first report.  This provided a solid picture of outer metropolitan growth area issues and needs and NGAA was invited to contribute a section on skills and jobs in outer growth areas, for the 2013 report.

 

Previous Prime Minister, the Hon Kevin Rudd, in a speech prior to the 2013 election mentioned NGAA and its data, and committed to establishing an outer urban taskforce on jobs. 

 

In a 2014 speech to the National Press Club, Shadow Minister for Cities, the Hon Anthony Albanese talked extensively about the ‘drive in drive out’ suburbs.  He discussed the need for jobs closer to home and the role of the Government in providing support through infrastructure investment and incentives to businesses.

 

Industry, Innovation and Competitiveness Agenda

In his speech to NGAA’s Growth That Works Congress last year, Industry Minister, the Hon  Ian Macfarlane said, “We need to ensure that the jobs, successful industries and infrastructure required in your parts of the country are delivered. This will be critical to ensuring the future prosperity of people living in your areas, and the future prosperity of Australia as a whole. …..Australia’s economic future will be considerably shaped by how we respond to the challenges facing our highest growth areas – the communities that you represent. We look forward to continuing to work with you to ensure that your very important growth areas are supported to reach greater heights of economic prosperity.”

Work with Other Stakeholders

NGAA undertakes work with other national peak organisations in the development industry, planning, sustainability and community sectors to explore and advocate on areas of mutual interest such as cities policies and infrastructure financing.

 

Member Engagement

Keeping Members up to date and opportunities to share information with other Members have  included:

·    Regular newsletters informing members of initiatives and developments

·    Support and advice provided to individual members and to State groupings of   Members

·    Launches of research and briefings in each state

·    Officer panels and working groups on a range of issues

·    A Members’ gathering at ALGA National General Assembly (NGA) annually to update members, provide briefings on what is planned for the coming 12 months and provide a forum for discussion and information sharing

·    An annual formal members’ meeting/workshop

·    A Congress in 2014

·    Case studies and tours

 

Planned Activities

·    Advocacy on a longer term, stable funding base for outer growth area infrastructure

·    Members’ gatherings in Canberra in June during ALGA, NGA

·    A one day Members’ Congress, tour and Awards Dinner in NSW in November

·    Campaign for the establishment of a fund for infrastructure to support the needs of communities in Australia’s high growth outer metropolitan areas.

 

 

 

RECOMMENDATION

That the information contained in the report on National Growth Areas Alliance Update be received.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

2

Tender  Reference  14/15-23  Provision  of  Ground  and  Lawn Maintenance Services   

 

Compiled by:               Laura Schuil, Supply Officer - Contracts

Jade Bradbury, Business Co-ordinator Children's Services

Authorised by:            Janet Keegan, Acting Executive Manager - City Planning & Community  

 

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

      

 

Executive Summary

A tender for the provision of Ground and Lawn Maintenance Services in Children’s Services was advertised on 3 and 7 April and closed on 29 April 2015. The tender involves a range of activities at child care centres including mowing, edge trimming, weeding, blowing and vacuuming, watering, maintaining lawns and gardens, etc.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Star Property Maintenance NSW Pty Ltd be accepted for the provision of Childcare Ground and Lawn Maintenance Services on an ‘as required basis’ for a period of three years (3) with an option to extend for a further two (2) x one (1) year periods, by mutual agreement and subject to satisfactory performance.

 

Tender and Evaluation Process

 

A tender for the provision of Ground and Lawn Maintenance Services on an ‘as required basis’ was advertised on the e-tendering website and in the Western Weekender on 3 and 7 April 2015 in the Sydney Morning Herald. The tender closed on 29 April 2015.

 

Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria.

 

All prospective tenderers were invited to attend a pre-tender briefing on Tuesday 14 April 2015. This briefing included an online demonstration of Council’s electronic tendering portal, and provided an opportunity for prospective tenderers to seek any necessary clarification of the specifications required to perform the scope of works.

 

The Tender Evaluation Panel consisted of Laura Schuil (Supply Officer - Contracts), Jade Bradbury (Children’s Services Business Coordinator) and was chaired by Janet Keegan (Children's Services Manager). The selection criteria advertised and used in assessing the tenders received included the following:

·    Demonstrated ability

·    Works method and program

·    Financials

·    Employment policies (apprenticeships)

·    Quality assurance systems

·    Environmental management systems

·    Work health and safety (WH&S)

·    Industrial relations

·    Commercial requirements

·    Conflict of interest.

Summary of Tenders Received

A total of seven (7) tenders were received. The applicants that responded to the advertised tender are provided in the table below (listed in alphabetical order):

 

Tenderer

Location of the business

Owners/Directors

AB Maintenance Solutions

38 Inkerman Road,
Emu Heights NSW 2750

Neil Gibson

All Season Design and Landscapes Pty Ltd

10 Burrells Road,
Menangle NSW 2568

Warren Linden
Amber Linden

Australian Environmental Services Pty Ltd

Suite 6, 249 Annangrove Road,
Annangrove NSW

Jodi Middlemiss
Jamie Burden

Prime Facility & Asset Management Pty Ltd

56/23 Narabang Way,
Belrose NSW 4034

Shane Halliday

Star Property Maintenance NSW Pty Ltd

6 Twenty Seventh Ave,
West Hoxton NSW 2171

Steven Khalil

Swetha International

Burwood NSW 2134

Praveen Challa

W&L Maintained

5 Dorset St,
Cambridge Park NSW 2747

William Robertson

Price Evaluation

Prices were requested for the following type of services:

·    Regular lawn and garden maintenance of the outdoor play area

·    Bi-monthly lawn and garden maintenance in the front car parks

·    Three monthly and annual lawn and garden maintenance tasks

·    Hourly rates for staff.

 

This tender process did not request a set price for sandpit top-ups, mulching and fertilising of grassed areas. It was determined by the Tender Evaluation Panel that it was too difficult for tenderers to submit a set price given the complexity and varied nature of these tasks. As such tenderers were asked to price per tonne for sand, price per m3 for mulch and m2 for fertiliser. These costs would be quoted separately on an as needed basis. During the 2013/14 period Children’s Services spent $33,066 on sand, mulch and fertiliser.

 

A full listing of the tenders received is detailed below from lowest to highest (ex GST).

Company

Tendered Price (ex GST).

Star Property Maintenance NSW Pty Ltd

$66,480

All Season Design and Landscapes Pty Ltd

$103,370

Australian Environmental Services Pty Ltd

$127,166

Prime Facility and Asset Management Pty Ltd

$136,080

AB Maintenance Solutions

$163,960

Swetha International

$220,320

W&L Maintained

$227,460.60

Criteria Evaluation

Following evaluation of the seven (7) tenders, the Tender Evaluation Panel determined that the costs submitted by AB Maintenance Solutions, Swetha International and W&L Maintained were excessive when compared to the other tenders and determined that there was no advantage to Council in considering them any further. The remaining four (4) tenders were then assessed for capability and cost:

·    All Season Design and Landscapes Pty Ltd

·    Australian Environmental Services Pty Ltd

·    Prime Facility & Asset Management Pty Ltd

·    Star Property Maintenance NSW Pty Ltd

Capability

Following the capability assessment against the evaluation criteria the Tender Evaluation Panel determined that the tender submitted by Star Property Maintenance NSW Pty Ltd demonstrated a higher level of ability against the evaluation criteria than the tenders submitted by All Season Design and Landscapes Pty Ltd, Australian Environmental Services Pty Ltd and Prime Facility and Asset Management Pty Ltd.

Cost

The annualised cost for each of the remaining tenders is shown in the following table. Also included is the number of annual staff hours allocated to complete all the lawn and garden maintenance tasks. A benchmark of 1850 annual staff hours was used to evaluate the time it would take to complete the regular, bi-monthly and annual services of child care centres. These benchmark hours were reduced from the previous tender process because there has been a reduction in tasks including sandpit top-ups, mulching and fertilising; and some front car-park areas which are now maintained by Council’s Parks Department as they form part of a precinct.

 

To calculate the hourly rates paid by each of the tendered companies, the Gardening and Landscaping Services Award 2010 was used. The rates of pay in this Award scale range from $17.35 per hour for a level 1 employee to $20.25 per hour for a level 5 employee. An hourly rate of $35 has been allocated by Star Property Maintenance Pty Ltd to complete the tendered tasks, including all operational costs. The Tender Evaluation Panel considered that $35 per hour and 1900 annual staff hours is reasonable to complete the tasks required.

 

Company

Tendered Price
(ex GST)

Allocated Annual Staff Hours to complete tasks

Star Property Maintenance NSW Pty Ltd

$66,480.00

1900

All Season Design and Landscapes Pty Ltd

$103,370.00

2067

Australian Environmental Services Pty Ltd

$127,166.00

2312

Prime Facility and Asset Management Pty Ltd

$136,080.00

1814

Comments

The number of staff hours allocated by Prime Facility and Asset Management Pty Ltd was lower than the benchmark of 1850 to complete the tasks. The hours allocated by Australian Environmental Services Pty Ltd were higher than the benchmarked hours. The tendered price for both companies were also significantly higher than Star Property Maintenance Pty Ltd and All Season Design and Landscapes Pty Ltd. The Panel therefore, was of the opinion that the price combined with the hours was not viable to consider their tender applications further.

Referral of the Tender to the Children’s Services Cooperative Board

At the Board’s Meeting on 23 April 2015, the Children’s Services Business Coordinator advised on the progress of the tender for the lawn and garden maintenance and that the tender review process had commenced.

Shortlisted Tenderers

Following phases one and two of the evaluation process the Tender Evaluation Panel determined that the following tenderers were the most advantageous to Council and were shortlisted for further evaluation:

·    Star Property Maintenance NSW Pty Ltd

·    All Season Design and Landscapes Pty Ltd

Comments on Shortlisted Tenderers

1.  Star Property Maintenance NSW Pty Ltd

Star Property Maintenance is a family owned business and has been in operation since 2002 providing ground and garden maintenance to the Department of Housing, Transfield Services as well as Risco Services. The company has been responsible for mowing, edging, pruning, pest and weed control, lawn aerating and garden maintenance on a routine basis, as well as non-routine re-plantings and tree management services, such as removals and pruning for these organisations.

 

A referee check with Transfield services highlighted the quality of work as being of a high standard combined with the robust policies and processes implemented to ensure that work is done correctly.

2.  All Season Design and Landscapes Services

All Season Design and Landscapes Services has been completing child care and garden projects for various councils for the past five to six years. The company has been undertaking specialised landscaping and horticulturist projects for the past seven years and has been providing services in all aspects of horticulture since 1997. All Season Design and Landscapes has been engaged by Camden Council and Penrith Council to complete major playground upgrades in child care facilities.

 

The tender from All Season Design and Landscapes Services is $36,890 more expensive than the preferred tenderer (Star Property Maintenance) and the Tender Evaluation Panel determined that there was no advantage to Council in considering the tender any further.

Preferred Tenderer

Each tenderer shortlisted was assessed against the tender evaluation criteria and the individual price submitted. The assessment process showed that all shortlisted tenderers were capable of providing the service required. However, Star Property Maintenance NSW Pty Ltd offered the best annual prices based on their allocation of staffing hours to maintain each of the sites.

 

Acting Financial Services Manager’s Comment

From the figures mentioned above the cash labour component range for the preferred tenderer would be in the order of $33,000 - $38,000 based on the different labour types. If we were to apply a labour on cost of 20% to cover superannuation, workers compensation and leave entitlements this range would increase to $40,000 - $46,000. This would leave an amount of $20,480 - $26,480 to cover for running costs and profit margin.

 

Given the preferred tenderer is a family run business they may some flexibility around the oncost component however if the business intends or does employ staff this component would be required.

 

The preferred tenderer's cost is within the 2015-16 childcare budget.

 

Tender Advisory Group (TAG) Comment

The Tender Assessment Group (TAG) comprising the Senior Governance Officer, Glenn Schuil and Adam Beggs, Governance Officer met to consider the Provision of Ground and Lawn Maintenance Services in Children’s Services.

 

The TAG raised concerns with the price submitted by Star Property Maintenance NSW Pty Ltd, and the margin between the hourly industry Award rate and the tendered hourly rate of $35.00 per hour (including all operational costs). The Tender Evaluation Panel confirmed that the appropriate referee and financial checks had been completed that demonstrated their ability to complete the work within the identified tender cost.

 

Based on the information contained within the report, the TAG agrees with the methodologies used by the Tender Evaluation Panel and supports the recommended tender submitted by Star Property Maintenance NSW Pty Ltd.

 

Conclusion

Based on the detailed evaluation, analysis of staffing levels, compliance requirements, quality control and cost rankings, the tender that represents the most advantage to Council was received from Star Property Maintenance NSW Pty Ltd and they are recommended for appointment by the Tender Evaluation Panel. The company demonstrated, through their tender and reference checks, that they have an excellent understanding of the scope of requirements and have provided a sound methodology for ensuring a high quality of service.

 

The Tender Evaluation Panel is of the opinion that Star Property Maintenance NSW Pty Ltd has provided the most advantageous tender and it is recommended that the company be awarded the contract for an annual amount of $66,480 ex GST.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Tender  Reference  14/15-23  Provision  of  Ground  and  Lawn Maintenance Services be received.

2.    The tender from Star Property Maintenance NSW Pty Ltd for the sum of $66,480 be accepted for the provision of Child Care Ground and Lawn Maintenance Services on an ‘as required basis’ for a period of three years (3) with an option to extend for a further two (2) x one (1) year periods, by mutual agreement and subject to satisfactory performance.

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

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

3

Children’s Services Department Federal Funding Grant – Children and Parenting Strategy   

 

Compiled by:               Janet Keegan, Acting Executive Manager - City Planning & Community

Authorised by:            Ruth Goldsmith, Acting Assistant General Manager  

 

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

      

 

Executive Summary

This report advises Councillors of the granting of funding from the Federal Government Department of Social Services to Children’s Services. The funding is for two years in the amount of $215,347 under the Children and Parenting Strategy.

 

The report recommends that the funding be received and the Federal Government be thanked for the funding. The report also recommends that Children’s Services staff and management involved in the current Child Care Links program be thanked for the positive outcomes achieved over the last ten years.

Background

The Children’s Services Child Care Links project commenced in September 2004 at Kindana Children’s Centre. It was funded by the Federal Government under the Stronger Families and Communities Strategy. The funding was aimed to improve the health and well-being of young children by strengthening the resilience of their caregivers by using child care services to foster the development of child-friendly communities. Kindana was one of only three child care services in NSW and one of 19 nationally to be funded under this initiative to support families with young children. Initially funded for three years, the Child Care Links project has been able to be implemented up to June this year with a number of funding extensions. Initiatives implemented by Children’s Services with this funding have included:

·    Family Support (with family support workers located at six centres with the most vulnerable families)

·    Transition to School programs with local primary schools

·    Therapeutic Speech and Occupational Therapy Playgroup for vulnerable children experiencing speech delays

·    Meals Project (where children cook a meal at the centre and families sit around the kitchen table at home in a TV free environment)

·    Supported playgroups

·    Community Arts Project involving the child care centre, a primary school and local vacation care service

·    ArtKids – an Aboriginal artist engaged to work with children through a range of art mediums

·    Literacy initiatives including take home literacy boxes for families

·    Music Therapy with Nordoff Robbins – engaging our educators and vulnerable children in music activities

·    Building the capacity of staff to work with vulnerable children and families

 

Current Position

Children’s Services has always received very positive feedback from the funding body on outcomes achieved with this funding.

 

With the Child Care Links funding finally coming to an end in June 2015, Children’s Services submitted a joint funding application in October 2014 (with Gateway Family Services and Nepean Community Neighbourhood Services (NCNS) for funding under the Department of Social Services ‘New Way of Working for Grants’ scheme. The application was unsuccessful. When this outcome was reported to the Penrith City Children’s Services Cooperative Board (which manages Children’s Services on Council’s behalf), Board Directors endorsed some strenuous advocacy and lobbying about the loss of this funding.

 

On 10 June 2015, Minister for Social Services, the Hon. Scott Morrison MP announced the Abbott Government will invest an extra $40 million into more than 100 frontline community services across Australia following a comprehensive gap analysis of the Department of Social Services’ (DSS) grants scheme. Existing frontline community services which were unsuccessful as a result of the tender process under the ‘New Way of Working for Grants’ scheme would receive bridging funding to ensure continuity of services and enable the government to identify and address critical frontline service gaps that emerged as a result of the grants process previously referred to.

 

Penrith City Council’s Children’s Services is one of the frontline community services that will be funded and will be offered a contract and funding for two years, in the amount of $215,347 from 1 July 2015 to 30 June 2017 under the Children and Parenting Program stream. The contractual arrangements for this funding are currently being worked through with the Department of Social Services. This outcome will be reported to the Cooperative Board at its next meeting on 25 June 2015. The current Children’s Services Child Care Links program will cease as planned this month. Planning for the new funding can then proceed when the funding specifications and key performance indicators are known.

Conclusion

The Children’s Services Department Child Care Links program, operating for over ten years, has achieved many positive outcomes for families with young children in the Penrith LGA. It has provided quality, best practice, evidenced based service provision at a local level. It is pleasing that this has been acknowledged at a Federal level and that two years of funding to June 2017 has been offered to Children’s Services to enable programs that support the most vulnerable communities to continue. There is no requirement for matching Council funds in relation to this funding.

 

Children’s Services will continue negotiations with the Department of Social Services on the funding specifications and performance indicators for the new funding so that strategies can be implemented to support the most vulnerable in the community.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Children’s Services Department Federal Funding Grant – Children and Parenting Strategy be received.

2.    The Minister for Social Services, the Hon Scott Morrison MP, be thanked for the funding.

 

3.    Children’s Services staff and management involved in the current Children’s Services Child Care Links program be thanked for the positive outcomes achieved over the last ten years.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

4

Penrith Business Alliance   

 

Compiled by:               Stephen Britten, Chief Governance Officer

Ruth Goldsmith, Acting Assistant General Manager

Authorised by:            Alan Stoneham, General Manager  

 

Outcome

We can work close to home

Strategy

Diversify the region's economy and attract investment, particularly targeting new and emerging employment sectors

Service Activity

Build on our partnerships and alliances to achieve shared aspirations for the City's future

      

 

 

Executive Summary

The Penrith Business Alliance (PBA) Ltd is an independent Company Limited by Guarantee. It was created in November 2009, by signing a five year Deed of Agreement with Council to deliver economic outcomes for the city. The PBA has received public funding of approximately $3.5Million over five years.

 

Mindful of the changing economic environment, Council included a review of the Deed of Agreement after five years to ensure an on-going contemporary approach to growing Penrith’s economic development.

 

Council’s Deed of Agreement with the PBA ended in November 2014. It was extended to June 30, 2015 while an independent review was completed. The review was undertaken by The Professional Partner Group (TPPG) and assisted in clarifying the future direction for economic development in the city.

 

Council’s Economic Opportunities Working Party (EOWP) has given considerable thought to the outcomes of the review over past months and believes that a fresh approach to economic development is required. Accordingly, it has concluded that Council cease public funding of the PBA and consider the approach of the Penrith Progression as a way forward to action wider economic outcomes.

 

The EOWP has been influenced by the success of the Penrith Progression, the establishment of a Property Development Advisory Panel and the imminent appointment of an experienced professional to lead the Penrith Progression and the implementation of its Action Plan, along with the recent announcement of the construction of a Western Sydney airport and the focus on the Western Sydney Employment Area as catalysts for job creation.

 

The EOWP acknowledges that the PBA’s role in planning for Penrith’s economic future has been significant, however, contemporary requirements indicate a substantial shift from ‘planning to action’, requiring capacity and expertise beyond current arrangements.

 

Background

Council has consistently undertaken a direct role in creating local jobs.

 

The recent Metropolitan Strategy has earmarked the Western Sydney Employment Area as a considerable contributor to jobs growth in Western Sydney. The economic challenges facing Penrith (to deliver homes and jobs for the future) makes strategic economic development essential to Penrith’s future. More recent opportunities to grow jobs have also been coming into sharper focus for the city and these include:

·    The construction of the Western Sydney Airport

·    The delivery of the Penrith Lakes Scheme

·    The roll out of the NBN and the Digital Economy Strategy, and 

·    The Penrith Progression.

 

The PBA Review

In undertaking the PBA review, consultants:

1.   Reviewed the PBA’s activities and initiatives, including the business plans and annual reports to Council

2.   Conducted a written survey of a broad range of stakeholders on the key outcomes and issues facing PBA, undertaking a similar survey with the PBA Board of Directors

3.   Held a number of individual interviews with key stakeholders, PBA Board Directors, several Councillors, senior Council staff, and business partners.

 

Simon Neaverson of TPPG presented the recommendations of the review to a Councillor Briefing on 2 December 2014.

 

It was agreed that the review would be considered by Council’s Economic Opportunities Working Party with a view to bringing a report back for consideration by Council. Council’s Economic Opportunities Working Party authorised the Mayor and the General Manager to meet with the chair and representatives of the PBA Board to work on a way forward.

 

Chairperson, Paul Brennan and Directors Whitney Rousham and Greg Thomas were nominated representatives of the PBA and together with the Mayor, General Manager and Chief Governance Officer Stephen Britten, formed a working group to address the findings of the review.

 

These outcomes were reported to the Economic Opportunities Working Party. After considerable deliberation the Economic Opportunities Working Party has concluded that a new approach to economic development is required.

 

Current Situation

The Penrith Progression and the creation of the new Property Development Advisory Panel, is leading Penrith into the delivery of key projects and a new phase in economic development of the City.

 

Undertaking a contemporary economic development strategy for the City will commence in July and will be delivered by the end of August.

 

Having regard to the advice of the Economic Opportunities Working Party, Council needs to determine a way forward for successful economic development in Penrith City. 

1.   The first option is to continue to work with, and fund, the PBA in an attempt to seek an alignment of the PBA actions with Council’s future economic strategy and direction.

2.   The second is to discontinue Council funding to the PBA and alternatively generate a new framework for economic development. This may initially require Council to support this work in house.

 

Should Council determine that option number two is the preferred approach, it is in no way a criticism of the PBA, but rather a realistic and required shift from ‘planning to action’ to ensure the future economic development of the City.

 

This will pave the way for the development of a contemporary Economic Development Strategy for the City with input from the ‘soon to be appointed’ Penrith Progression Manager, the Property Development Advisory Panel and the City’s stakeholders.

 

Council acknowledges the work of the PBA and especially the Board who have been generous in giving their time and expertise.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Penrith Business Alliance be received.

2.    Council advise the Penrith Business Alliance of its decision to pursue an alternative framework for economic development and that Council funding of the PBA will cease after 30 June 2015.

3.    Council endorses that the PBA funding is re-allocated to Council economic development resources, programs and projects.

4.    The Penrith Business Alliance and its members be appropriately recognised and thanked for their work.

5.    A report be brought to Council outlining an implementation plan, including funding, for the City’s Economic Development Strategy.

 

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


Outcome 2 - We plan for our future growth

 

Item                                                                                                                                                Page

 

5        Development Application DA15/0161 Rural Shed Lot 68 DP 846098 (No.4) Cabernet Circuit, Orchard Hills  Applicant: Antonio Maltese;  Owner: ~Antonio and Angela Maltese

Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.                                                                               19

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

 

 

5

Development Application DA15/0161 Rural Shed Lot 68 DP 846098 (No.4) Cabernet Circuit, Orchard Hills  Applicant:  Antonio Maltese;  Owner:  Antonio and Angela Maltese   

 

Compiled by:               Ryan Maestri, Fire Safety Officer

Authorised by:            Tracy Chalk, Waste and Community Protection Manager 

Requested By:            Councillor Jim Aitken OAM

 

Outcome

We plan for our future growth

Strategy

Facilitate development that encourages a range of housing types

Service Activity

Delivery timely assessment, regulation and certification of development and building work in accordance with statutory requirements

     

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 construction of a rural shed at Lot 68 DP 846098, No. 4 Cabernet Circuit, Orchard Hills. The application is for the construction of the rural shed to the southern side of dwelling.  Councillor Jim Aitken OAM has requested this matter be determined by Council.

The proposed rural shed achieves the objectives of the RU4 zoning under Penrith Local Environmental Plan 2010 by providing a design that compliments the surrounding area. The proposal has demonstrated that it is unlikely to have any significant impacts on achieving the outcomes intended by the planning controls for the property.

It is recommended the rural shed be approved subject to conditions.

Background

A development application for the construction of a rural shed at Lot 68 DP 846098, No. 4 Cabernet Circuit, Orchard Hills, was lodged on 24 February 2015 (DA15/0161). 

The original proposal located the rural shed in line with the front of the existing dwelling. This location was not favoured by Council Officers, as the structure presented bulky to the street frontage. Following discussions with the applicant, amended plans were submitted relocating the rural shed three metres behind the front of the dwelling.  Additional landscaping is proposed between the southern side boundary and the rural shed to reduce its visual impact on the neighbouring property.

 

Site and surrounds

The site is situated on the eastern side of Cabernet Circuit in Orchard Hills (The Vines Estate).  The site is 4,186 m2 in area and is oriented in an east-west direction.  Currently, there is a single storey brick veneer dwelling with attached garages on site.

 

The surrounding area is characterised by rural residential development including many other rural sheds of a similar size.


 

 

The Proposed Development

The proposed development involves the construction of a 110 m2 rural shed with an attached 3m x 6.75m awning to the rear.  The area between the southern side of the shed and the adjoining property will be landscaped.

 

Planning Assessment

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

 

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

State Regional Environmental Plan No. 20 – Hawkesbury- Nepean River (SREP 20)

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

 

The proposed development will have minimal impacts on the total catchment management, water quality and water quantity. No heritage items are located on the site. No tree removal is required as part of this development. The rural shed is considered to have minimal adverse impact on visibility from the riverine corridor and its scenic quality. The rural shed is consistent with surrounding development.

 

The proposal is in keeping with the objectives of the SREP.

 

Penrith Local Environmental Plan 2010

Under the terms of Penrith Local Environmental Plan 2010 the land is zoned as RU4 (Primary Production Small Lots). The proposed development is defined as a building or structure ordinarily associated with a dwelling house, which is permissible with the consent of Council.

 

The relevant objectives of this zone are:

 

·    To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.

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

·    To maintain the rural landscape character of the land.

·    To ensure that development does not unreasonably increase the demand for public services or facilities.

 

The proposed development is site responsive, compatible with the surrounding rural character of the land.

Clause 7.20 Orchard Hills of PLEP2010 has specific requirements for the Orchard Hills area.

 The objectives of this clause are:

 

(a) to ensure residential development incorporates features necessary to protect occupiers against adverse noise impacts arising from traffic noise,

(b) to limit the potential risk to life and property from flood events.

 

The proposed rural shed satisfies the objectives of this clause as the shed is non-habitable

and not located in an area impacted by overland flows or flood events.

 

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

Penrith DCP 2014 Part D1 “Rural Land Uses” is applicable to the current development application and the following sections are relevant to the assessment process.

 

Section 1.2.1 Siting and Orientation of Dwellings and Outbuildings

This section aims to ensure the siting of dwellings and outbuildings takes into account the principles of site planning, landscape/scenic character and the environmental qualities of the area and site.

 

The siting and orientation of the proposed rural shed is considered suitable and achieves the objectives of the controls. The rural shed will be located slightly lower than the existing dwelling and behind the existing front setback. The ridge line of the rural shed will not exceed the ridge height of the dwelling.

 

Section 1.2.2 Setbacks and Building Separations

The objectives of this section are to ensure sufficient setbacks from roads, property boundaries and watercourses, to maintain sight distances for vehicular safety, to preserve trees and other vegetation, and provide adequate areas for landscaping.

 

The proposal complies with all required setbacks with the exception of the side setback. The DCP requires a minimum side setback of 5 metres. The proposed side setback of approximately 3.0m at the front of the shed to 800 mm at the closest point at the rear of the shed is considered to meet the objectives of this Section and have minimal impact on the adjoining property due to:

 

·    The provision of landscaping to the southern boundary. Mature landscaping is required along the southern side of the shed to minimise visual impacts to the adjoining property.

·    The southern adjoining property has a full length driveway adjoining the proposed shed location with associated landscaping.

·    Similar sized sheds on adjoining properties and in the surrounding area have similar side setbacks.

·    The 800 mm setback is at one point at the rear of the shed. The front of the shed has a side setback of approximately 3.0m.

 

Following a submission from an adjoining property owner, an on-site meeting was held to discuss alternative setbacks.  Present at this meeting was the applicant, the adjoining property owner and Council Officers.

 

Four options were discussed at this site visit:

 

1)   The location indicated on the amended site plan

2)   The shed being located directly behind the septic tank

3)   The shed being located in the rear corner of the allotment

4)   The shed being located in front of the septic and behind the garage

 

As a result of the on-site meeting, no compromise location was agreed upon by the applicant or neighbour. It is considered that the current location of the proposed rural shed is most suitable considering existing on-site constraints.

 

Section 1.2.3 Site Coverage, Bulk and Massing

The objectives of this section are to ensure the size of rural dwellings are appropriate considering the size of the site and the character of the area, and to ensure the area of the site covered by rural dwellings and associated structures and facilities are appropriate considering the size of the site and the character of the area.

The size of all structures on site including the proposed rural shed is considered to be consistent with surrounding development.

The proposed development is considered to comply with the objectives of this section.

 

Section 1.2.4 Height, Scale and Design

The objectives of this section are to ensure that dwellings and outbuildings adopt an appropriate height and scale for the size of the site and character of the area, and a high quality of design that is sympathetic to the rural character, but also promotes innovation.

 

The rural shed is considered to be of a scale appropriate to the site and surrounding development. The design of the rural shed is consistent with the rural character of the area.

 

The proposed development is considered to comply with the objectives of this section.

 

DCP2010 – E10 ‘Orchard Hills’

 

The land is subject to DCP2010 – E10 ‘Orchard Hills’ controls.

 

The objectives of these controls include:

 

a) To ensure that development does not adversely affect the scenic qualities, character and amenity of this precinct;

b) To promote the continuation of the open, semi-rural character and regionally significant landscape setting of Orchard Hills and minimise the visual impact of development from major roads and public places;

c) To recognise that Orchard Hills forms part of an important entry to the residential areas of Penrith, and that careful management of development in this location is critical to conserving the values of this City entry;

d) To ensure that development does not unreasonably increase the demand for public infrastructure and public services;

e) To ensure that non-residential activities do not:

i) Alter the character or scenic quality of the locality;

ii) Detract from the existing landscape setting;

iii) Promote the commercialisation of lands adjoining The Northern Road; or

iv) Generate traffic volumes which cannot be readily accommodated within the existing road pattern, or which create a traffic safety problem.

 

The proposed rural shed is considered to meet these objectives as the shed size is similar to existing sheds in Orchard Hills and the impact of the shed location will be minimised with appropriate landscaping.

 

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

The development generally complies with the objectives of the planning controls and the impacts of the development are expected to be minimal.

 

The impact of the development on streetscape will be minimal as the shed is setback three metres behind the front of the existing dwelling.  A front elevation of the proposed development including the existing dwelling is attached to this report.

 

The impact to the neighbouring properties will be minimised through the use of landscaping along the southern boundary. The southern adjoining property has a full length driveway adjoining the proposed shed location with associated landscaping.

 

Stormwater is to be directed to the existing system, creating minimal impact on adjoining properties.

 

Appropriate conditions are to be included relating to the site management during construction hours and construction noise will also be subject to consent conditions.

 

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

The site is suitable for the construction of the rural shed. Whilst the minimum side setback numerical controls have not been met, the landscaping provided to the southern boundary will reduce any impact. The side setback is consistent with the side setbacks of similar sized sheds in the area.

 

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

Community Consultation

In accordance with Appendix F4 of the Penrith Development Control Plan 2014 – Notification and Advertising, the proposed development was notified to nearby and adjoining residents from 24 February 2015 – 10 March 2015. One objection was received. The objection related to the following concerns:

 

·    The side setback of the rural shed is too close.

·    The lack of sunlight to the entertainment area.

·    The visual impacts of the rural shed.

·    The shed location.

 

In response to these concerns, the following was considered:

 

·    The applicant amended the original proposal to have the rural shed located further behind the front of the dwelling. The amended proposal is located 3m behind the front of the dwelling. As a result, the side setback will range from 3.0m to 0.8m. This is consistent with surrounding rural sheds.

·    The location of the proposed rural shed will have minimal impact on overshadowing to adjoining dwellings and private open space areas. Adjoining properties will receive adequate sunlight in accordance with DCP 2010.

·    Visual impacts of the rural shed will be reduced with appropriate landscaping provided between the shed and the southern boundary.  

·    The proposed rural shed design and location is consistent with similar sized sheds in the surrounding area and is considered to have minimal visual impacts.

 

 

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

The proposal provides a development that is compatible with the existing streetscape, with minimal adverse impacts on the amenity of the area.

 

88b Restrictions

 

The lot is subject to section 88b restrictions, some of which Council is the benefited authority. The proposal complies with the 88b restrictions in which Penrith Council is the benefited authority.

 

The proposal does not comply with the 88b restrictions in relation to a 5m side setback requirement.  In accordance with section 1.9A of PLEP 2010 (Suspension of covenants, agreements and instruments), Council is not required to consider any covenant imposed by the developer.  As the side boundary setback was imposed by the developer, Council can approve this development in the proposed location.

 

Conclusion

The proposed rural shed achieves the objectives of the RU4 zoning under Penrith Local Environmental Plan 2010 by providing a design that minimises impacts on adjoining properties. The proposal has demonstrated it is unlikely to have any significant impacts on achieving the outcomes intended by the planning controls for the property.

The development is considered satisfactory under the heads of consideration of Section 79(C) of the Environmental Planning and Assessment Act.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Development Application DA15/0161 Rural Shed Lot 68 DP 846098 (No.4) Cabernet Circuit, Orchard Hills be received.

2.    DA15/0161 for a rural shed at 4 Cabernet Circuit, Orchard Hills, be approved subject to the following conditions:

                             Standard Conditions:

                             A001 – Approved plans

                             A008 – Works to BCA requirements

                             A019 – Occupation Certificate

                             A020 – Use of Building

                             A046 – Obtain Construction Certificate before commencement of works

                             D001 – Implement Approved Sediment and Erosion Control Measures

                             D007 – Filling of Land

                             D009 – Covering of Waste Storage Area

                             E001 – BCA compliance

                             H001 – Stamped plans and erection of site notice

                             H030 – Roof finishes (rural property)

                             H041 – Hours of work

                             K016 – Stormwater

                             K026 – Stabilised access

                             L008 – Tree Preservation Order

                             L012 – Retain existing landscaping

                             P002 – Fees associated with Council land

                             Q01F – Notice of Commencement and Appointment of PCA

  Q05F – Occupation Certificate

  ASpecial – The ridge height of the rural shed shall not exceed the ridge                             height of the dwelling.

  LSpecial -  Additional landscaping shall be provided along the southern                    side of the rural shed and extend a minimum 5.0m beyond the             front setback of the shed. Landscaping shall consist of native                    trees and shrubs planted at minimum height of 1.5m and shall               be capable of attaining a minimum height of 2.5m at maturity.

 

 

ATTACHMENTS/APPENDICES

1.  

Locality Plan DA15/0161

1 Page

Appendix

2.  

Site Plan DA15/0161

1 Page

Appendix

3.  

Elevation Plan DA15/0161

1 Page

Appendix

4.  

4 Cabernet Circ Orchard Hills front elevation

1 Page

Appendix

  


Ordinary Meeting                                                                                                                29 June 2015

Appendix 1 - Locality Plan DA15/0161

 

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Ordinary Meeting                                                                                                                29 June 2015

Appendix 2 - Site Plan DA15/0161

 

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Ordinary Meeting                                                                                                                29 June 2015

Appendix 3 - Elevation Plan DA15/0161

 

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Ordinary Meeting                                                                                                                29 June 2015

Appendix 4 - 4 Cabernet Circ Orchard Hills front elevation

 

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Outcome 3 - We can get around the City

 

 

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


 

 

 

 

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Outcome 4 - We have safe, vibrant places

 

Item                                                                                                                                                Page

 

6        RFT14/15-25 Mechanical Services Upgrade for the Joan Sutherland Performing Arts Centre   35

 

7        Metropolitan Greenspace Program: Placement of Common Seal to accept funding    41

 

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

 

 

6

RFT14/15-25 Mechanical Services Upgrade for the Joan Sutherland Performing Arts Centre   

 

Compiled by:               Laura Schuil, Supply Officer - Contracts

Joshua Martin-Lewis, Asset Co-ordinator

Graham Howe, Building Projects Co-ordinator

Authorised by:            Hans Meijer, City Works Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Implement the Building Asset Renewal Program

      

 

Executive Summary

A tender for Mechanical Contractors to replace and upgrade the Air Conditioning and Building Management System (BMS) for the Joan Sutherland Performing Arts Centre and Penrith Civic Centre was advertised on 10 April 2015 in the Western Weekender, Apet 360 and on the e-Tendering website and on 14 April 2015 in the Sydney Morning Herald and closed on 12 May 2015.

Independent referee checks indicated that the recommended company had positive performance and customer satisfaction ratings. The independent financial analysis checks on the shortlisted company showed no adverse findings and demonstrated satisfactory capacity to undertake the works required by the tender.

This report advises Council of the outcome of the tender process and recommends that the tender from HSA Services Pty Ltd T/As HVAC SYSTEMS be accepted for Stages 1 - JSPAC and Civic Centre Works including BMS, Stage 2 - JSPAC Borland Foyer Works (Western Foyer), Stage 3 - JSPAC East and West Lobby Works (Northern Foyer) and Stage 4 – JSPAC Q Theatre Works for the total lump sum of $1,335,200 exc GST.

 

Background

Tenders were advertised in the Western Weekender, Apet 360 online portal and on the e-Tendering website on 10 April 2015 and in the Sydney Morning Herald on 14 April 2015. It was proposed in the tender documents that Council would select one approved contractor to perform the services. The purpose of this request for tender was to seek a contractor with the proven ability to deliver works to Council’s specification.

 

All prospective tenderers were required to attend a mandatory pre tender briefing on 21 April 2015 as well as a tour of both the Civic Centre and Joan Sutherland Performing Arts Centre (JSPAC).

 

Tenderers were required to submit their tender either by using the APET 360 online portal or a hard copy on a standard pro forma sheet, which clearly identified the required response against each of the evaluation criteria.

 

Tenderers were required to complete a price schedule which had separable stages to be priced.

 

Currently at the Civic Centre there are two 8 year old water cooled Powerpax Chillers in good working order.  A maximum demand analysis has been carried out to confirm that the Civic Centre has adequate cooling capacity within the existing chilled water system to also provide cooling for the (JSPAC). The chilled water system was originally designed with a low load and high load chiller, to maximise energy savings funded through the Sustainability Revolving Fund.  This has been redesigned to incorporate both chillers to operate together and provide additional capacity to cool both buildings.

 

The Civic Centre and JSPAC will be connected by a new insulated chilled water pipework that will reticulate chilled water from the existing water cooled chillers located at the Civic Centre plant room to new air handling units located at JSPAC. The work includes the replacement of existing Direct Expansion Plant (DX) with Chilled Water Air Handling Units at the JSPAC along with Building Management System (BMS) upgrades at the JSPAC and Civic Centre. The JSPAC will pay Council for the chilled water usage which will be managed through the BMS.

 

The specification has been designed by Engineered Environments Pty Limited (Mechanical Consultants) to include new technologies and energy saving features that will provide improved comfort levels and reduced operational and maintenance costs. During the design period it was identified that the existing system in the Richard Bonynge Concert Hall had a number of design faults, including excessive noise coming from outlets, poor air circulation and cold/drafty areas for patrons. These issues have been addressed in the new design, with significant sections of ductwork proposed to be replaced in the Concert Hall.

 

A total design for the entire JSPAC central plant has been completed, comprising of the following separable stages:

 

Stage 1 – JSPAC and Civic Centre Works including BMS

Stage 2 – JSPAC Borland Foyer Works (Western Foyer)

Stage 3 – JSPAC East and West Lobby Works (Northern Foyer)

Stage 4 – JSPAC Q Theatre Works

 

With the current budget allocations for this project in the 15/16 Buildings Asset Renewal Budget, Stages 1 and 2 will be completed within the current budget allocation and as the overall price for all four stages is competitive  it is recommended that Stages 3 and 4 be completed by forward funding the works from the 2016-17 asset renewal budget. This will also result in the JSPAC being affected by one contract establishment.

 

The specification was written and designed to allow for the expansion of the system (that is Stages 2, 3 and 4) pending funding and pricing within the submissions received. The infrastructure in pumping the chilled water from the Civic Centre to the JSPAC completed in Stage 1 will provide additional capacity capable of these additional stages. The specification provided for the JSPAC is a total building upgrade covering all aspects of the major plant and equipment at this site that would improve comfort levels, allow better control of the system, and reduce running and operational costs. The design incorporates energy efficient and sustainable technologies throughout and replaces refrigerants that are in the process of being phased out.

 

Two separate options were also included into the specification for additional works at the Civic Centre and were priced separately. These options were for the replacement of Variable Air Volume (VAV) Controllers and the installation of Chilled Water Flow Meters.

 

The Building Management System (BMS) Civic Centre and JSPAC will be upgraded as part of the Stage 1 works to a full open protocol BacNet device. The BMS allows improved control over the system and allows Council to take full advantage of optimising the system and reduce running costs through energy efficient measures such as economy cycles, night purges, improved time scheduling, demand kW management, comprehensive reporting and remote access to the system for reprograming time schedules, adjustment to the system and system diagnosis’s. This system upgrade at the Civic Centre had been identified as an area for further investigation due to the current system being a propriety system, which limited the engagement of external service providers to service the equipment.

 

Tenderers were required to complete a price schedule setting out the unit rates, and labour rates.

 

A total of seven (7) responses were received from the following companies (listed in alphabetical order) in accordance with the conditions of tendering:

Provider

Address

Owners/Shareholders    Directors

AG Coombes Pty Ltd

U16/4 Avenue of the Americas Newington NSW 2127

Not Provided

Hirotec Maintenance Pty Ltd

15/4 Avenue of the Americas Newinton NSW 2127

Paul Sicari - Director

Mark Sicari - Director

HSA Services Pty Ltd T/As HVAC SYSTEMS

27/7-9 Production Road Taren Point NSW 2229

Daniel Simic

Scott Darke

Kristina Michales

J&J Metro Air Conditioning Pty Ltd

229 Victoria Road Rydalmere NSW 2116

John Megalli

RAM Air Conditioning Pty Ltd

17/159 Arthur St Homebush West NSW 2128

Robert Szumski

Don Crismale

RCR Haden Pty Ltd

Level 39, 50 Bridge St Sydney NSW 2000

Roderick Brown -Director

Eva Skira – Director

Dr Paul Dalgleish – CEO

Paul Dippie – Director

Lloyd Jones – Director

Bruce James – Director

Sue Palmer – Director

Veolia Energy Technical Services Pty Ltd

Cnr Unwin & Shirley St

Rosehill NSW 2142

Not Provided

 

Tender Evaluation Committee

The Tender Evaluation Committee consisted of Joshua Martin-Lewis (Asset Coordinator), Graham Howe (Building Projects Co-ordinator) and Laura Schuil (Supply Officer- Contracts) and was chaired by Hans Meijer (City Works Manager).


Tender Evaluation Criteria

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

 

Summary of Tenders Received

A total of 7 tenders were received from the following companies (listed in alphabetical order) in response to the advertised tender.

 

Company

Stage 1

Stage 2

Stage 3

Stage 4

VAV Option

Meters Option

Stage 1-4 Total (Excluding Options)

AG Coombes Pty Ltd

$1,469,106

$117,809

$113,890

$103,895

$83,700

$27,570

$1,804,700

Hirotec Maintenance Pty Ltd

Not Provided

Not Provided

Not Provided

Not Provided

Not Provided

Not Provided

$1,953,000

HSA Services Pty Ltd T/As HVAC SYSTEMS

$914,500

$142,600

$158,700

$119,400

$132,000

$116,200

$1,335,200

J&J Metro Air Conditioning Pty Ltd

$1,329,000

$271,750

$180,600

$142,242

$68,900

$59,250

$1,923,592

RAM Air Conditioning Pty Ltd

 Not Provided

 Not Provided

 Not Provided

 Not Provided

 Not Provided

 Not Provided

 Not Provided

RCR Haden Pty Ltd

 Not Provided

 Not Provided

 Not Provided

 Not Provided

 Not Provided

 Not Provided

$2,200,000

Veolia Energy Technical Services Pty Ltd

$1,200,000

$250,000

$250,000

$150,000

Not Provided

Not Provided

$1,850,000

 

Non-Conforming Tenders

 

Three tenderers, RCR Haden Pty Ltd, Hirotec Maintenance Pty Ltd and RAM Air conditioning Pty Ltd did not complete the staged pricing and equipment schedule correctly, providing no breakdown into stages and therefore were not able to be further evaluated by the Committee.

 

Veolia Energy Technical Services Pty Ltd only provided estimated costs for the tendered works and were also not further evaluated by the Committee.

 

Cost Evaluation

 

Following a detailed analysis of all remaining completed responses each tender was evaluated against the tender evaluation criteria.  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 remaining tenders submitted by HSA Services Pty Ltd T/As HVAC SYSTEMS, AG Coombes Pty Ltd and J&J Metro Air Conditioning Pty Ltd completed all the equipment and pricing schedules as required. These three tenders were evaluated using Apet360 with HSA Services Pty Ltd receiving the highest effectiveness and the lowest price.

 

HSA Services Pty Ltd T/As HVAC SYSTEMS demonstrated the ability to complete the works within the timeframe. They demonstrated experience in completing works in occupied buildings, and their tender submission met the component/cost expectation of the independent consultant that prepared the initial technical specification for the upgrade works.

During the assessment of the two separate options (Variable Air Volume (VAV) Controllers and the installation of Chilled Water Flow Meters) it was considered that there were not enough responses provided and that prices submitted were not price competitive to enable an informed decision. As such these options were not included as part of this tender and will be the subject of a further procurement process.

 

Evaluation of Preferred Tenderer

With the evaluation of the three tenderers HSA Services Pty Ltd T/As HVAC SYSTEMS, AG Coombes Pty Ltd and J&J Metro Air Conditioning Pty Ltd it was concluded that HSA Services Pty Ltd would be the preferred tenderer.

 

HSA Services Pty Ltd T/As HVAC SYSTEMS was chosen for their value for money for the tender price and the evaluation criteria responses, particularly regarding their demonstrated ability at similar jobs, previous experience in working within an occupied building, the demonstrated comprehensiveness of Quality Assurance Systems, Environmental Management Systems and Safety Management Systems.

 

HSA Services Pty Ltd T/As HVAC SYSTEMS were ranked the highest as they demonstrated the technical competency, capabilities and availability to complete the specified work in the specified time in the tender evaluation process.

 

Price Evaluation

Based on the prices submitted, HSA Services Pty Ltd T/As HVAC SYSTEMS submitted the lowest lump sum price in comparison to the remaining conforming tenders. This price included all work and equipment outlined in the specification including 12 months maintenance.

 

During the evaluation process it became evident that the submission from HSA Services Pty Ltd T/As HVAC SYSTEMS was very competitive and that it would be preferable to undertake Stages 2, 3 and 4 at the same time to avoid future building escalation costs. By undertaking the work now would also benefit Council in the following way: reduced operational and maintenance costs, minimise the disruption to the JSPAC, take advantage of improved comfort levels and management capabilities of the BMS. Stage 2 can be funded from the 2015-16 asset renewal budget and it is recommended that Stages 3 and 4 be funded by forward funding the works out of the 2016-17 building asset renewal budget.

 

All plant and equipment outlined in the tender response meets the requirements of the specification, and no inclusions or exclusions from the specification have been listed.

 

All terms and conditions of the specification have been met in the submission from HSA Services Pty Ltd T/As HVAC SYSTEMS.

 

Conclusion

This report advises Council of the outcome of the tender process and recommends that the tender from HSA Services Pty Ltd T/As HVAC SYSTEMS be accepted.

 

Acting Financial Services Manager’s Comment

Included in the assessment of tenders was the commissioning of independent reference checks, financial analysis, and performance analysis on HSA Services Pty Ltd trading as HVAC Systems. 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 HSA Services Pty Ltd T/As HVAC SYSTEMS to perform the works described.

 

Funding for Stages 1 and 2 of the works provided for in this tender for Stages 1 and 2 has been allocated for in the Building Asset Renewal Program within the 2015/16 Operational Plan. Due to the competitive overall tender price for Stages 3 and 4 and the benefits outlined above there is an opportunity to forward fund these works from the 2016-17 Building Asset Renewal Program.

 

Tender Assessment Group (TAG)

The Tender Assessment Group (TAG) comprising the Senior Governance Officer, Glenn Schuil and Adam Beggs, Governance Officer met to consider the report for the Mechanical Services upgrade for the Joan Sutherland Performing Arts Centre.

 

The TAG requested additional information from members of the Tender Evaluation Committee and this additional information has been incorporated in the Report.  Based on the information contained within the report, the TAG agrees with the methodologies used by the Tender Evaluation Committee and supports the recommended tender submitted by HSA Services Pty Ltd T/As HVAC SYSTEMS.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT14/15-25 Mechanical Services Upgrade for the Joan Sutherland Performing Arts Centre be received.

2.    That the tender from HSA Services Pty Ltd T/As HVAC SYSTEMS be accepted for Stages 1 - JSPAC and Civic Centre Works including BMS, Stage 2 - JSPAC Borland Foyer Works (Western Foyer), Stage 3 - JSPAC East and West Lobby Works (Northern Foyer) and Stage 4 – JSPAC Q Theatre Works for the total lump sum of $1,335,200 exc GST.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

7

Metropolitan Greenspace Program: Placement of Common Seal to accept funding   

 

Compiled by:               Karin Schicht, Landscape Architecture Supervisor

Authorised by:            Michael Jackson, Design and Projects Manager  

 

Outcome

We have safe, vibrant places

Strategy

Improve our public spaces and places

Service Activity

Provide designs and plans for Council's parks, buildings, roads and drains

 

Previous Items:           Grant acceptance for 'Our River - Path, Play and Planning' - Ordinary Meeting - 27 Apr 2015    

 

Executive Summary

Council has endorsed acceptance of the Metropolitan Greenspace Program 2014 funding for the ‘Our River – Path, Play and Planning’ project. The Funding Deed has now been received for signing and a new requirement for the placement of the Common Seal has been added.  This report seeks Council’s endorsement for the Common Seal of the Council of the City Of Penrith to be placed on the Deed.

Background

At the Ordinary Meeting on 27 April 2015, Council endorsed acceptance of the Department of Planning and Environment’s Metropolitan Greenspace Program funding for the ‘Our River – Path, Play and Planning’ project.

 

In all previous grants through this Program, a seal has not been required on the agreement document.  The Department recently undertook a review of the agreement template and as a result, the Common Seal is now required to formally accept the funding.

 

This report seeks Council’s endorsement for the Common Seal of the Council of the City Of Penrith to be placed on the Deed.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Metropolitan Greenspace Program: Placement of Common Seal to accept funding be received.

2.    Council endorse the Common Seal of the Council of the City of Penrith be placed on the Deed to accept funding for the Metropolitan Greenspace Program’s 2014 round of funding for the ‘Our River – Path, Play and Planning’ project.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

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

 

8        RFT 14/15-12 Request for Tender for the Provision of a Library Management System   47

 

9        National Stronger Regions Fund - Round 2                                                                     52

 

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

 

 

8

RFT 14/15-12 Request for Tender for the Provision of a Library Management System   

 

Compiled by:               Colin Stevenson, Library Services Manager

Authorised by:            Ruth Goldsmith, Acting Assistant General Manager  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Deliver quality library services that respond to the community's information and leisure needs

      

 

Executive Summary

Penrith Library is now looking to move to the next generation of library management systems (LMS). The library is looking for a world class and sustainable LMS and an LMS with functionality that meets what we currently provide, and also our requirements for the future.

 

This report advises Council of the outcome of the tender process and recommends that the tender from Civica Pty. Ltd. be accepted.

 

Background

The primary objective of this tender is to replace the existing in-house developed Library Management System (named AXCIS 2) with a commercially available Library Management System (LMS). The Library has operated on the in-house system since 1993. AXCIS provided the first fully integrated library self-checkout facility. This self-serve feature enabled library staff to move into the new library in the Civic Centre, which was three times the size of the old library in Henry Street, with no increase in staff. There was a significant increase in library transactions and business in the new library.

 

A new LMS will enable the Library to offer its users access to a greater range of contemporary services including better integration with mobile technology; greater utilisation of online digital resources; social media integration; enrichment of online public access catalogue interface and functionalities; image/object database management; equipment/venue/events booking system.

 

Tender Evaluation Process

The tender RFT 14/15-12 Request for Tender for the Provision of a Library Management System (LMS) was advertised on Council’s e-tendering system, in the Western Weekender on 30 January 2015 and in the Sydney Morning Herald on 3 February 2015. A Pre-Tender Briefing was held on Wednesday 11 February 2015, and the tender closed on Wednesday 25 February 2015.

 

The Tender Evaluation Committee included Colin Stevenson (Library Manager); Joan Suckling (Resources Librarian); Sharon Pike (Cataloguing Supervisor); Sarah Dean (Service Delivery Librarian); Graeme Spratt (Technology Co-ordinator); Ron Payne (Acting Chief Information Officer); Nissanka Dharmatilake (Senior Systems Analyst); Laura Schuil (Supply Officer – Contracts) and Michael Doggett ( Supply Co-ordinator).

 

The evaluation criteria advertised and used in assessing the tenders received included the following:

·    business references

·    demonstrated ability

·    financials

·    quality assurance systems.

 

A full listing of the tenders received is detailed in the table below.

 

Company

Company Location

Directors

Tender Price

Aurora Information Technology

10 St. James Lane  Turramurra NSW 2074 Australia

Doug Coulson

Martin Fisk

$186,700

Civica Pty. Ltd.

Level 5, 565 Bourke Street, Melbourne 3000

Peter Anderson

Nicholas Kountouris

Simon Downing

Michael Stoddard

$397,500

Insight Informatics Pty. Ltd. (Libero)

200 Kelvin Grove Road  Kelvin Grove Queensland 4059 Australia

Salvatore Patane

Vittoria Patane

$192,609

SirsiDynix Pty. Ltd.

Level 28, 303 Collins St  Melbourne VIC 3000 Australia

William Charles Davison, Jr.

Scott Askew

Hengzhong Ding

$487,219

 

Evaluation of the Tenders

The Tender Evaluation Committee firstly ranked submissions for functional ability (i.e. managing library functions such as cataloguing, Penrith in Pictures local history images, networking). Secondly, the team ranked provider effectiveness. Both aspects were in regards to tender requirements.

 

Company

Functional Ability
(ranking from 1 to 4)

Provider Effectiveness
(ranking out of 10)

Overall ranking

Civica Pty. Ltd.

1

8

1

SirsiDynix Pty. Ltd.

2

6

2

Aurora Information Technology

3

4

3

Insight Informatics Pty Ltd (Libero)

4

2

4

 

It is essential that the LMS vendor can demonstrate an ability to meet future technology requirements. Current market share underpins the vendor’s capacity for ongoing development. Therefore, as part of the review and assessment process, the team also researched the projected company sustainability as an LMS provider over the next five to ten years.

 

The rankings were then reviewed in relation to the previously unseen tender pricing submissions. Pricing was required to be spread over a five year contract period:

 

Company

Year 1

Year 2

Year 3

Year 4

Year 5

Total

Civica P/L

$79,500

$79,500

$79,500

$79,500

$79,500

$397,500

SirsiDynix P/L

$118,549

$88,280

$90,830

$93,430

$96,130

$487,219*

Aurora IT

$25,500

$40,300

$40,300

$40,300

$40,300

$186,700

Insight Inf P/L (Libero)

$118,243

$17,644

$18,261

$18,900

$19,561

$192,609

* A number of function charges were in addition to this price or subject to change.

Although all four tenders addressed most of the core requirements for a LMS, some shortcomings were identified through the analysis, which are summarised below.

 

SirsiDynix Pty. Ltd – this tender was the most expensive, with some charges subject to change or in addition to the tender quote provided.

 

Aurora Information Technology (AIT) – Although the quoted price was considerably cheaper than other tenders, AIT did not meet requirements in the area of associated functionality (i.e. no booking system for library programs and events, library catalogue app for devices not available; also limited experience with incorporating local history images e.g. Penrith in Pictures). The tender specifically stated the need for these requirements:

‘The new LMS should have integration with mobile technology, greater utilisation on online resources, social media integration, enrichment of OPAC interface and functionalities; image/object database management, equipment/venue/events booking system and potential integration with emerging technologies’.

 

Insight Informatics Pty Ltd (Libero) – Minimal support was offered during data conversion, and ongoing help desk support was limited to 8.30am to 5.00pm Monday to Friday, with no support for nights and weekends. This is a clear necessity for a library service that operates seven days a week.

 

After reviewing and comparing the tenders, the Tender Evaluation Committee reached the view that Civica P/L provided the most benefit to Council, in terms of meeting all the tender requirements and future library management system needs as contained in the tender document. It provided the best value tender for the Library’s requirements.

 

Evaluation of the Preferred Tender – Library visits and Tender Evaluation Committee Briefing

A team of Penrith library staff visited Blacktown, Camden and Wollondilly public libraries to further evaluate the Civica LMS, which is in operation at those three libraries. Demonstrations were provided.

 

Areas for investigation included help desk responsiveness, ease of use by library staff, incorporation of the events and programs module, digital asset management, and any developing technologies such as a library catalogue app.

 

The feedback from library staff who participated in the library visits and the briefing presentation to the Tender Evaluation Committee was very positive in relation to how Civica could support the varied services Penrith Library provides now and anticipates providing in the near future, particularly in regards to digital asset management and emerging technologies.

Tender Advisory Group (TAG) comment

The Tender Advisory Group (TAG) comprising the Chief Governance Officer, Stephen Britten and the Senior Governance Officer, Glenn Schuil met to consider the report for the Provision of a Library Management System (LMS).

 

The TAG met with members of the Tender Evaluation Committee on a number of occasions to discuss various aspects of the tender process. Based on the information contained within the report, the TAG agrees with the methodologies used by the Tender Evaluation Committee and supports the recommended tender submitted by Civica Pty Ltd.

 

Acting Financial Services Manager’s comments

Council receives an annual State Library Priority Subsidy from the NSW State Government currently $115,611 which is provided for projects that provide significant public benefit and develop improved public library services. It can include development of buildings, IT systems, local studies, digitisation, collection development and programs that target specific client groups. Council officers have confirmed with the State Government that the upgrade of the Library Management System fulfils these requirements. The upgrade will cost $397,500 (ex GST) in total and will be paid over a period of 5 years ($79,500 per annum) from these grant funds.

 

Conclusion

The Tender Evaluation Committee, following extensive analysis, advises that Civica is considered to best comply with provider effectiveness and system functionality. Moving to an offsite data managed solution will also benefit Council in terms of reduced costs for IT infrastructure and staff overheads. Civica will provide a new generation library management system with:

·      eBook & streaming video integration

·      Improved patron discovery of subscription databases and local digital collections

·      Mobile-device access for better patron outreach

·      Social discovery including reviews, sharing and events

·      Tablet and browser tools for smooth staff workflows.

 

It is therefore recommended that Council accept Civica’s tender to provide Council with a new Library Management System at a total cost of $397,500 ex GST spread over a five year contract period.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on RFT 14/15-12 Request for Tender for the Provision of a Library Management System be received.

2.    The tender from Civica Pty. Ltd. be accepted at a price of $397,500 (ex GST) to be paid over a period of five years ($79,500 per annum).

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

9

National Stronger Regions Fund - Round 2   

 

Compiled by:               Andrew Robinson, Recreation Manager

Authorised by:            David Burns, Executive Manager - City Assets  

 

Outcome

We are healthy and share strong community spirit

Strategy

Provide opportunities for our community to be healthy and active

Service Activity

Advocate for sport and recreation venues and services for the City

      

 

Executive Summary

The Federal Government announced on 1 October 2014 that the National Stronger Regions Fund (NSRF), administered by the Department of Infrastructure and Regional Development, would provide $1 billion over 5 years commencing in 2015-16, to support investment in priority economic and infrastructure areas.

 

Council resolved, at its Ordinary Meeting of 24 November, to submit a grant application for the development of the South Creek Sporting Precinct in Round 1 of the NSRF program by the closing date of 28 November 2014. A grant application was prepared and notification was received at the end of May 2015 that this application has been unsuccessful. Advice provided by the Department was that it was one of the stronger applications received.

 

Round 2 of the NSRF grant program is now open with the deadline for submission being 31 July 2015. This report recommends that, based on the positive feedback received in relation to the application submitted in Round 1 and after a review of Council’s current projects and programs, a second application is made for the $20m redevelopment of South Creek Park Sporting Precinct with Council seeking a grant of $10m for the project.

Background

The NSRF is a $1b Australian Government program, providing funding over 5 years for priority infrastructure that promotes sustainable economic development, addresses disadvantage to achieve growth and encourages strong partnerships. Projects need to be completed by 2019.

 

Desired outcomes of the NSRF for the regions include: improved economic activity, increased productivity, employment and a skilled workforce, capacity and capability to deliver major projects, improved partnerships and viability of communities.

 

The allocation of funds to successful applicants in Round 1 of the program was announced at the end of May. In Round 1, 405 applications were submitted with a total funding amount requested of $1.2b. Of the 405 applications, 162 were assessed as value for money with 51 applicants successfully being awarded grants. Council’s submission for the development of South Creek Park Sporting Precinct was unsuccessful however feedback from the Department about the application was very positive.

 

The opening of Round 2 of the NSRF and the criteria for the program was announced on 15 May 2015. This once again provides a significant opportunity for Council to advance a key priority project. 

 

 

 

Current Situation

At a recent seminar provided by the Department of Infrastructure and Regional Development, attended by Council Officers, it was outlined that the Department anticipate that Round 2 of the NSRF program will be even more competitive with up to 800 applications expected. To this extent prospective applicants were clearly informed that it is critical that applications in Round 2 meet the eligibility criteria and address the four assessment criteria.

 

Eligibility Requirements

 

-           Applicants must be an eligible organisation i.e.

o    Local Councils

o    Not-For-Profit Organisations (not owned by Local, State or Territory Government)

o    Other organisations where they are a consortium led by an eligible applicant.

-           Projects must be an eligible project i.e.

o    Construction of new infrastructure, or the upgrade, or extension to existing infrastructure

-           The grant sought is at least $20,000 and up to a maximum of $10m.

-           NSRF grant is matched in cash on at least a dollar for dollar basis.

-           All partner funding is confirmed.

-           The project is completed on or before 31 December 2019.

-           The project should deliver an economic benefit to the region beyond the period of construction.

 

Assessment Criteria

 

Applications will be assessed against the following four criteria.

 

1.       The extent to which the project contributes to the economic growth in the region.

(This is the most important criterion and is weighted by a factor of 3.)

2.       The extent to which the project supports or addresses disadvantage in a region.

3.       The extent to which the project increases investment and builds partnerships in the region.

4.       The extent to which the applicant and project are viable and sustainable including that the project has been scoped, costed and planned, and will be ready to start construction within 12 months of signing the funding agreement.

 

Council Officers have reviewed both the eligibility and assessment criteria and considered potential projects that Council could submit to NSRF Round 2, particularly given that the Department has announced that organisations can submit two applications each in this NSRF Round. In addition, the feedback from the Department in relation to Council’s submission for the South Creek Park Sporting Precinct in the first round has been assessed. The feedback regarding the application was:

 

1.       We met all minimum benchmarks.

2.       We exceeded the benchmarks for Economic Benefit and Disadvantage.

3.       In future applications we need to expand on the multiplier effect on the economy –local, regional – of events held at the facilities.

4.       Include any independent economic studies of how sporting events impact on the economy. Tourism figures; how do additional people impact on goods and services.

5.       We provided a strong case around disadvantage.  A future application would be strengthened by quantifying how the project would contribute to a reduction in the disadvantage in the short, medium and long term.

6.       Under Partnering show the value of in-house contributions in detail. Also consider the benefits of non-monetary partnerships e.g. with local and state sport organisations, businesses, not-for-profit organisations and the like.

7.       It was advised that projects that are most advanced in the planning and design stage are highly considered compared to other less developed projects. e.g. the Minister prefers projects ready to go within a 12 month period.

 

The final advice was that this was one of the stronger applications received by the

Department and that it was a recommended project forwarded to the Minister.

 

In considering all of these elements it is proposed that Council focuses on submitting one application to NSRF Round 2, that being a strengthened and enhanced South Creek Sporting Precinct application.

 

Project

Total estimated Cost

Grant requested

Council funding identified

Assessment Criteria

1

2

3

4

South Creek Sporting Precinct

$20m

$10m

Yes

Yes

Yes

Yes

Yes

This project would propose to deliver all works included in the District Open Space (DOS) Contributions Plan for the Kingsway alongside the redevelopment of Blair Oval to include a regional synthetic athletic complex in line with the Councillors’ preferred option and deliver the Health and Fitness and car parking elements of the Ripples masterplan.  The application could be structured to ensure that elements of the application could be delivered if there was a desire to partly approve the application.  Council’s $10m share of the funding for this project includes $8m available from the DOS Contributions Plan and a potential $2m loan that would need to be funded by Ripples through the increased revenues that have been modelled by the proposed expansion.

 

It is the intention to market this project as one stage in the implementation of a wider ‘South Creek Corridor Precinct Plan’ stretching from St Marys to St Clair providing an important link between Wianamatta Regional Park in the north and the Western Sydney Parklands to the south thus creating a truly regional recreation corridor with the associated socio and economic benefits that this will provide. 

Conclusion

The funding opportunity being offered by Round 2 of the NSRF provides a significant opportunity for Council to leverage its current funding to deliver a $20m redevelopment of the South Creek Sporting Precinct. This report recommends that Council endorse an application to Round 2 of the NSRF to redevelop the South Creek Sporting Precinct, seeking a grant of $10m under the fund.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on National Stronger Regions Fund - Round 2 be received.

2.    Council endorse an application to Round 2 of the NSRF to redevelop the South Creek Sporting Precinct, seeking a grant of $10m under the fund.

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.  


 

 

 

 

THIS PAGE HAS BEEN LEFT BLANK  INTENTIONALLY


Outcome 7 - We have confidence in our Council

 

Item                                                                                                                                                Page

 

10      Proposed Permanent Closure of Part Horace Street, Cranebrook and Part Francis Street, Cambridge Park                                                                                                               59

 

11      Proposed Acquisition of Easement for Transport for NSW 66kv Aerial Cables over Council Car Park at Emu Plains Station in connection with Nepean Green Bridge Project               63

 

12      2014-15 Borrowing Program                                                                                            68

 

13      Adoption of Council's 2015-16 Operational Plan & Fees and Charges, including amendments to the Community Plan and Delivery Program 2013-17                                                      72

 

14      Making of the Rate                                                                                                           90

 

15      NSW Electricity Infrastructure                                                                                         92

 

16      Membership of the Penrith CBD Corporation Board                                                       96

 

17      Summary of Investments and Banking for Period of 1 May 2015 to 31 May 2015        98

 

 

 

 



Ordinary Meeting                                                                                                   29 June 2015

 

 

 

10

Proposed Permanent Closure of Part Horace Street, Cranebrook and Part Francis Street, Cambridge Park   

 

Compiled by:               Bronwyn Everett, Strategic Property Officer

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

The purpose of this report is to seek Council’s approval to submit two permanent road closure applications to the NSW Trade & Investment Crown Lands (NSWT&ICL) for part Horace Street, Cranebrook and part Francis Street, Cambridge Park as identified in the attached plans.

Council proposes to close part of the subject roads to consolidate the lands with adjoining parcels of lands owned by Council. This will tidy up Council’s Property Portfolio by consolidation of remnant areas of road that are no longer required. On approval from NSWT&ICL, a further report outlining the road closure status will be provided to seek a Council resolution to close the roads.

Background

Horace Street, Cranebrook is an unused public road that is relatively cleared. The road is not needed to provide access to adjoining land. Council owns three adjoining lots to Horace Street, Lot 6 DP739547, Lot 76 and Lot 75 Section G DP1613. The subject part of Horace Street comprises a public road created by DP1613 in 1885.

 

Part of Francis Street, Cambridge Park  was formerly a sealed road that in 2006 was no longer required due to a re-alignment of Francis Street, Greenbank Drive and Dunheved Rd which is now a signalised intersection.  Bitumen was removed from this part road area and has been replaced by grass to be consistent with surrounding Council owned land. The subject part of Francis Street comprises a public road created by DP2460 in 1890.

Current Situation

Councils cannot permanently close public roads but can submit applications to NSWT&ICL recommending permanent road closures in accordance with the Roads Act 1993.

 

Council’s authority is sought to commence the statutory process for the permanent road closures.

Conclusion

It is recommended that permanent closure of part Horace Street, Cranebrook and part Francis Street, Cambridge Park, as identified in the attached plans, and consolidation of the lands with adjoining parcels owned by Council be endorsed.

 

On approval from NSWT&ICL, Property Development will supply a further report outlining the road closure status.

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Permanent Closure of Part Horace Street, Cranebrook and Part Francis Street, Cambridge Park be received.

2.    Council approve submitting road closures applications over part of Horace Street, Cranebrook and part Francis Street, Cambridge Park to NSW Trade & Investment Crown Lands as outlined in the report.

3.    A further report be submitted to Council seeking Council resolution for permanent road closure of part Horace Street, Cranebrook and part Francis Street, Cambridge Park following advertising and approval from NSW Trade & Investment Crown Lands.

4.    The subject road closure lands be classified as Operational and consolidated with adjoining Council land following the permanent road closure of part Horace Street, Cranebrook and part Francis Street, Cambridge Park.

 

 

ATTACHMENTS/APPENDICES

1.  

Identification plan - Francis Street Cambridge Park

1 Page

Appendix

2.  

Identification plan - Horace Street Cranebrook

1 Page

Appendix

  


Ordinary Meeting                                                                                                                29 June 2015

Appendix 1 - Identification plan - Francis Street Cambridge Park

 

PDF Creator


Ordinary Meeting                                                                                                                29 June 2015

Appendix 2 - Identification plan - Horace Street Cranebrook

 

PDF Creator


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

11

Proposed Acquisition of Easement for Transport for NSW 66kv Aerial Cables over Council Car Park at Emu Plains Station in connection with Nepean Green Bridge Project   

 

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

The purpose of this report is to obtain a Council Resolution to arrange a creation of an easement for Transport for NSW (TfNSW) 66kv aerial lines and cables, and access over Council’s Operational land, which forms part of the commuter car park at Emu Plains Station and being part of Lot 1, DP 198565, for nominal consideration of $1.

 

Roads and Maritime Services (RMS) is the project manager for the Nepean Green Bridge Project and is managing service relocations, easement acquisitions and land transfers to facilitate the project, as well as the actual bridge construction.

 

The easement is to be acquired in order to realign the TfNSW 66kv aerial lines to run closer to and within the rail corridor and closer to the Victoria Bridge to accommodate the structural clearances required to facilitate the construction of the Nepean River Green Bridge.

 

The realignment will also remove the TfNSW overhead cables, and reduce the number of power poles, currently located along the Great Western Highway. This will improve the visual amenity of the streetscape, particularly along the shopfronts.

 

The proposal will not impact adversely on the use of Council’s land for car parking, with the loss of one space only. It is unlikely the land could ever be developed. It is expected works will be undertaken on weekends and a communication plan put in place to advise commuters of the works.

 

RMS will arrange all necessary documentation to create the easement and bear any incidental costs to Council.

Background

The Nepean River Green Bridge project is of State significance. The project construction is being managed by Roads and Maritime Services (RMS), with the cooperation and assistance of Transport for NSW, Endeavour Energy, Optus and Council.

 

In order to construct the bridge, relocation and realignment of overhead services, including TfNSW, Endeavour Energy and Optus aerial cables is required. These services are to be moved northwards towards the Victoria Bridge. RMS is coordinating the service relocation and any necessary easement acquisition required, on behalf of the service authorities.

 

RMS has applied to Council to acquire an easement, on behalf of TfNSW over Council’s Operational land, which forms part of the commuter car park at Emu Plains Station. The easement will have little impact on the use of the land for car parking, with the loss of one parking space. It is unlikely that the land could ever be developed. RMS wishes to acquire the easement by agreement, for nominal consideration of $1.

 

The TfNSW 66kv aerial cables currently follow the Great Western Highway from Emu Plains to the point where they cross the Nepean River. This section of the aerial cables will now traverse Old Bathurst Road near the rail overbridge and Council’s car park, entering the rail corridor east of Emu Plains Station. The cables will then leave the rail corridor and cross the Great Western Highway in closer alignment with the Victoria Bridge where they will cross the Nepean River further to the north of their present location.

 

The relocation will provide the necessary operational clearance required between the aerial cables and the proposed location of the bridge structure. It will also reduce the impact on private land which is affected by the project.

 

The service relocation works are programmed to be undertaken on weekends to minimise disruption to commuters and a communication plan will be put in place by the RMS to advise commuters of the works.

 

Additional benefits of the TfNSW realignment are:

 

·    a number of existing electricity poles/lines (where not dual purpose) will be removed from Punt Road and the Great Western Highway shopfronts which will improve the visual streetscape/amenity of the area;

·    the proposed alignment is to be redirected into the railway corridor to avoid and minimise impact on the built-up residential area;

·    the current span of the utilities over the Nepean River will be accommodated closer to the current road overpass, which will benefit the outlook from the Green Bridge;

·    the proposed cables shown in orange on the attached aerial photograph will predominantly be underground along the western bank, which will increase the visual amenity and reduce the impact on the local community;

·    the relocation will unencumber part of the privately owned land on the eastern bank; and

·    all of the affected landowners both private and government (re: new proposed route) have been receptive to the relocation of utilities and creation of the required easements.

 

A plan showing the area of land to be affected by the easement shown hatched is attached. An aerial photograph showing the current and proposed locations of cables to be relocated between Emu Plains and Penrith is also attached.

 

RMS will arrange all necessary survey plans and transfer documentation to effect creation of the easement on title to Council’s land and bear any incidental costs to Council.

 

 

 

 

 

 

 

 

 

 

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on Proposed Acquisition of Easement for Transport for NSW 66kv Aerial Cables over Council Car Park at Emu Plains Station in connection with Nepean Green Bridge Project be received

2.    Council accept the nominal amount of $1 as compensation for the creation of the easement over Council’s land.

 

3.    RMS bear any incidental costs incurred by Council in relation to the project.

 

4.    The Common Seal of Penrith City Council be affixed to all necessary documentation to create the easement benefitting TfNSW over Council’s land.

 

 

ATTACHMENTS/APPENDICES

1.  

Plan of Easement

1 Page

Appendix

2.  

Aerial Plan of Relocation

1 Page

Appendix

  


Ordinary Meeting                                                                                                                29 June 2015

Appendix 1 - Plan of Easement

 

PDF Creator


Ordinary Meeting                                                                                                                29 June 2015

Appendix 2 - Aerial Plan of Relocation

 

PDF Creator


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

12

2014-15 Borrowing Program   

 

Compiled by:               Pauline Johnston, Revenue Accountant

Authorised by:            David McIllhatton, Acting 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

Council at its meeting held 23 March 2015 gave approval to commence the 2014-15 borrowing program of $9,687,000.

 

Council delegated the General Manager authority to negotiate and accept the terms of the borrowings and resolved that the final terms and conditions of the borrowings be reported upon completion of the contracts.

 

This report provides a summary of the evaluation process and quotations received.  The report informs Council that ANZ was the successful lender and recommends that the information be received.

Background

The 2014-15 borrowing program was made up of new borrowings of $4,113,000 for general infrastructure and AREAS, and $850,000 to fund the purchase of a property in St Marys.  Two existing loans totalling $4,724,000 that were due for renewal were also included in the program.

 

Responses to a request for quotations were received from Australia and New Zealand Banking Group Limited (ANZ), The Commonwealth Bank (CBA), National Australia Bank (NAB) and Westpac Banking Corporation (WBC).

 

Bank of Queensland, Bendigo & Adelaide Bank, Illawarra Mutual Building Society, Members Equity Bank, NSW TCorp, SR2Capital and Suncorp Metway Bank were also invited to quote but declined this year.

Current Situation

Four banks, ANZ, CBA, NAB and Westpac provided responses to Council’s request and included a number of term options and repayment frequencies.

 

Each bank also offered interest rates for the loans, fully amortised but renegotiable after an initial fixed rate term.

 

NAB proposed to charge a once off registration fee for each loan but the other banks waived all fees associated with the loans.

 


 

Details of these quotations were as follows:

 

Term

New Money - $3.2m annual borrowings - for 10 year term

ANZ semi annually

CBA – Quarterly

NAB – Semi annually

WBC Semi/quarterly

10 years fixed

4.19%

4.33%

4.27%

4.80%

Amortised for 10, fixed for 1

2.71%

 

 

 

Amortised for 10, fixed for 2

2.84%

 

 

 

Amortised for 10, fixed for 3

3.07%

 

3.57%

 

Amortised for 10, fixed for 4

3.32%

 

 

 

Amortised for 10, fixed for 5

3.55%

3.64%

3.83%

4.06%

Amortised for 10, fixed for 7

 

 

4.15%

 

15 years fixed (for information only)

4.65%

4.70%

4.87%

5.10%

20 years fixed (for information only)

 

 

 

5.21%

 

After consideration of the cash-flows associated with each proposal, the ANZ 2 year rate amortised over 10 years at 2.84% repayable semi-annually was determined to provide the optimum outcome and was selected for the loan.

 

 

Term

New Money - $913,000 AREAS - for 10 year term

ANZ semi annually

CBA – Quarterly

NAB – Semi annually

WBC Semi/quarterly

10 years fixed

4.19%

4.33%

4.27%

4.80%

Amortised for 10, fixed for 1

2.71%

 

 

 

Amortised for 10, fixed for 2

2.84%

 

 

 

Amortised for 10, fixed for 3

3.07%

 

3.57%

 

Amortised for 10, fixed for 4

3.32%

 

 

 

Amortised for 10, fixed for 5

3.55%

3.64%

3.83%

4.06%

Amortised for 10, fixed for 7

 

 

4.15%

 

15 years fixed (for information only)

4.65%

4.70%

4.87%

5.10%

20 years fixed (for information only)

 

 

 

5.21%

 

The ANZ 2 year rate amortised over 10 years at 2.84% repayable semi-annually was determined to provide the optimum outcome and was selected for the loan.

 

Term

New Money - $850,000 St Marys property purchase - for 10 year term

ANZ semi annually

CBA – Quarterly

NAB – Semi annually

WBC Semi/quarterly

10 years fixed

4.19%

4.33%

4.27%

4.80%

Amortised for 10, fixed for 1

2.71%

 

 

 

Amortised for 10, fixed for 2

2.84%

 

 

 

Amortised for 10, fixed for 3

3.07%

 

3.57%

 

Amortised for 10, fixed for 4

3.32%

 

 

 

Amortised for 10, fixed for 5

3.55%

3.64%

3.83%

4.06%

Amortised for 10, fixed for 7

 

 

4.15%

 

15 years fixed (for information only)

4.65%

4.70%

4.87%

5.10%

20 years fixed (for information only)

 

 

 

5.21%

 

The ANZ 2 year rate amortised over 10 years at 2.84% repayable semi-annually was determined to provide the optimum outcome and was selected for the loan.

 

Term

Renewal loan $2,305,500 for remaining 5 years

ANZ semi annually

CBA – Quarterly

NAB – Semi annually

WBC Semi/quarterly

5 years fixed

3.35%

3.45%

3.68%

4.06%

Amortised for 5, fixed for 1

2.69%

 

 

 

Amortised for 5, fixed for 2

2.81%

 

 

 

Amortised for 5, fixed for 3

3.09%

 

3.53%

 

Amortised for 5, fixed for 4

3.27%

 

 

 

 


 

The ANZ 5 year rate at 3.35% for the remaining term of the loan repayable semi-annually was determined to provide the optimum outcome and was selected for the loan.

 

Term

Renewal loan $2,418,500 for remaining 10 years

ANZ semi annually

CBA – Quarterly

NAB – Semi annually

WBC Semi/quarterly

10 years fixed

4.19%

4.33%

4.27%

4.80%

Amortised for 10, fixed for 1

2.71%

 

 

 

Amortised for 10, fixed for 2

2.84%

 

 

 

Amortised for 10, fixed for 3

3.07%

 

3.57%

 

Amortised for 10, fixed for 4

3.32%

 

 

 

Amortised for 10, fixed for 5

3.55%

3.64%

3.83%

4.06%

Amortised for 10, fixed for 7

 

 

4.15%

 

15 years fixed (for information only)

4.65%

 

 

 

 

The ANZ 2 year rate at 2.84% amortised over 10 years repayable semi-annually was determined to provide the optimum outcome and was selected for the loans.

Conclusion

The 2014-15 borrowing program has now been completed. Funds were drawn down on 24 June 2015.  All institutions that submitted proposals have been informed of the outcome of their submissions.

 

With short term interest rates currently at record low levels, there was considerable advantage in fixing the longer term loans for the first two years of their terms and for accepting the lowest fixed rate offered for the entire term of the 5 year term loan. A budget saving will be achieved for 2015-16.

 

 

 

RECOMMENDATION

That:

1.    The information contained in the report on 2014-15 Borrowing Program be received.

2.    Council be advised that ANZ was the successful lender for the 2014-2015 borrowings.

 

 

ATTACHMENTS/APPENDICES

There are no attachments for this report.


Ordinary Meeting                                                                                                   29 June 2015

 

 

 

13

Adoption of Council's 2015-16 Operational Plan & Fees and Charges, including amendments to the Community Plan and Delivery Program 2013-17   

 

Compiled by:               Geraldine Brown, Budget Accountant

Tanya Jackson, Corporate Planning Coordinator

Authorised by:            Vicki O’Kelly, Executive Manager - Corporate

Fiona Plesman, Organisational Performance & Development 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

Council is required to prepare and adopt the 2015-16 Operational Plan and Fees & Charges by 30 June 2015. The Operational Plan is a sub-set of the Delivery Program and is the third annual plan to be adopted as part of the Delivery Program 2013-17. As part of preparing its annual Operational Plan Council must also review the Delivery Program to ensure it is still moving in the right direction and adjust any necessary changes in service delivery or operational priorities.

 

The draft documents were endorsed for public exhibition on 29 April 2015, and were placed on exhibition, under Section 405(2) of the Local Government Act 1993, from 29 April 2015 to 2 June 2015. A total of 10 submissions, detailed within the report, were received with the issues generally addressed through existing strategies and service activities. Minor changes are proposed for the corporate planning documents primarily responding to realignments in service delivery and changes in operational priorities. A Councillor Workshop held on 23 May focusing on the draft 2015-16 Operational Plan has resulted in amendments and/or budget adjustments to the draft Plan.

 

There were a small number of budget adjustments required to be made to the Delivery Program 2013-17 (incorporating the Operational Plan 2015-16) such as the inclusion of the March 2015 revotes and the fine tuning of a number of budget assumptions and allocations that have been confirmed during the exhibition period. The more significant budget adjustments are detailed later in this report and a complete list is provided in Attachment 1.  After incorporating these adjustments a balanced budget is proposed for 2015-16.

 

This report seeks Council’s adoption of the revised 2015-16 Operational Plan and Fees & Charges and approval for the expenditure of the budget outlined in this report. It also seeks adoption of the proposed amendments to the Community Plan and Delivery Program 2013-17.

 


 

Public Exhibition

The public exhibition process encouraged community feedback on:

 

·        Proposed amendments to the Community Plan and Delivery Program 2013-17,

·        Part A : draft 2015-16 Operational Plan (including Service Plans, Budget, Revenue Policies and Special Initiatives), and

·        Part B : draft Fees and Charges 2015-16.

 

In terms of the Delivery Program 2013-17 there were a number of minor amendments to service activities proposed to better reflect the principal activity undertaken by the service. The services where changes were proposed are Development Applications, Business Improvement and Corporate Planning. There is one performance measure relating to the farmers markets which was proposed to be deleted due to the markets ceasing operation in February 2015. The performance measure relating to library services under Strategy 1.4 is also proposed to be amended to: ‘% of library programs that achieve a 90% or greater participation rate’.

 

In reviewing the strategic planning documents it was noted that Strategy 2.1 under Outcome 2 of the Community Plan did not recognise the contribution of other forms of development in addition to housing, such as employment and recreation, to the growth of Penrith as a regional City. It was proposed to amend Strategy 2.1 in the Community Plan and Delivery Program to capture these activities. These changes were included in the draft plans for public exhibition.

 

The exhibition was promoted through weekly advertisements in local papers. During the exhibition period the community had the opportunity to view and comment on the draft Plans and proposed amendments with copies of the draft documents and supporting information being available at the Penrith Civic Centre, the Queen Street St Marys Centre and Council’s libraries. Specific extracted copies of the draft 2015-16 Fees & Charges were available at Council operated Childcare Centres. The draft Plans were also available for viewing Council’s online engagement portal – www.yoursaypenrith.com.au and promoted on council website. Public submissions could be submitted by completing the online feedback submission forms, email or letters.

 

The exhibition of the draft plans was the first project to be launched on Council’s new central online engagement portal – www.yoursaypenrith.com.au. In terms of activity, the statistics show that during the public exhibition period there were:

×     a total of 448 visits to the site;

×     376* ‘aware’ visitors (i.e. someone visited the project page);

×     268* ‘informed’ visitors (i.e. someone looked at additional information on the project page such as the FAQ sections or timeline); and

×     4* ‘engaged’ visitors (i.e. someone has actively used the project page such as asking a question through the question tool). (Refer Figure 1 below).

*A single participant can perform multiple actions

Figure 1 Visits Summary to online portal during exhibition of the draft plans

 

Submissions Received

 

A total of 10 submissions were received to the exhibition of Council’s draft 2015-16 Operational Plan. A number of these submissions raised broad issues such as the provision of open space with increased densities, health initiatives (i.e. smoke free sports grounds, parks, events), equity of rates between urban and rural areas, suggested footpath and park upgrades and bike facility improvements, planning processes improvements and parking in the City Centre. Other submissions related more specifically to the draft 2015-16 Fees and Charges suggesting the option for staging payments of application fees for minor rezoning applications. Each submission was acknowledged and considered where a required a response was provided by the relevant Service Manager.

 

No submissions were received in relation to the proposed amendment to the wording of Strategy 2.1 in the Community Plan or specific amendments proposed to the Delivery Program 2013-17.

 

A summary of the submissions and responses are outlined below. It is not considered that any substantive change is needed to be made to the 2015-16 Operational Plan to respond to the submissions.

 

1.   High rise and greater need for open space

 

Comment:

As a result of high rise development, in targeted areas (i.e. Penrith City Centre and St Marys Town Centre), additional open space opportunities will be required to support the increased population. Current projects include the City Park in the Penrith City Centre and adopted Masterplan for the River, as well as a range of open space improvements being undertaken through Section 94 Contributions. For individual developments there are private open space planning provisions and minimum landscape area requirement that apply to multi-unit development.


 

 

2.   Reason for higher rates in rural areas than urban areas

Council received a submission and a petition with a total of 73 signatures in relation to rural rates.

 

Comment:

About 40% of Council’s revenue is from rates, with the rest coming from State and Federal Government funding, user pays fees and charges and investment income.

 

The way that Councils applies land rates to property owners is governed by NSW State legislation known as the Local Government Act 1993. Councils are required to abide by this legislation and only the State Government can change this legislation. The amount of rates that a property owner pays is based on the unimproved value of their land. A rural property on acreage may often be valued at more than a standard urban residential property. A property owner with a higher valued property will pay more land rates than a person with a lower valued property. This principle is similar to income taxation, where people who earn more income, pay more income tax.

 

Land rates are not a fee paid for services. Rates are a contribution for the good of the entire community across the Local Government Area. Community facilities such as neighbourhood centres, libraries, child care facilities, (including mobile playvan that visits rural areas based on demographics) sporting fields, playgrounds and recreation space are available for use by the community at large, whether they are located in urban or rural areas, and part of your rates contributes to these community-wide needs.

 

Council is required to annually review and adopt a rating structure that complies with the requirements of the Local Government Act. Any consideration of rate levels takes into account a combination of community expectations of service levels and ensuring any productivity gains that can be made are implemented. The review for the 2015-16 rating structure was considered as part of the Delivery Program Report, at the Ordinary Meeting of Council on 27 April 2015.

 

3.   Current parking problems in Penrith City Centre

Comment:

Council is very aware of the community’s concern about parking and is committed to providing more capacity as Penrith grows into a major Regional City. Council operates about 25% of on and off street parking in the Penrith City Centre. The other parking is provided by Transport for NSW, private car park operators and the major shopping centres.

 

Parking management within the Penrith City Centre is a multi-faceted and complex issue. There is a suite of short, medium and long term strategies such as future decked car parks and development controls around parking we are working on to improve parking capacity in line with Council’s Penrith City Centre Parking Strategy. It also includes creating additional spaces where possible by reviewing line marking, increasing turnover of existing parking, improving mapping and awareness of existing parking areas and advocating to the State Government to supply more commuter parking. The Government pleasingly recently announced 300 additional spaces for North Penrith.

 

The Penrith Progression has certainly clarified and accelerated the need for parking to be addressed as new City Centre developments take off. The Penrith Progression Action Plan has direct actions to address parking.

 


The specific actions in the 2015-16 Operational Plan that relate to parking are:

3.2.8a  Investigate and adopt a position on a paid parking scheme for the Penrith City including consideration of timeline implications

3.2.8b Confirm a location and funding options of additional decked parking in the City Centre

 

4.   Recreational Facilities

The submission suggested they would like to see more recreational sporting infrastructure such as fit for purpose basketball courts with an in-built futsal goal similar to Jamison Park. The submission also indicated disappointed that Penrith Pool had been closed over winter.

 

Comment:

Closure this year of the Penrith Pool during winter has enabled necessary maintenance work to be undertaken and responds to the need to manage the facility in a financially prudent manner. Penrith Aquatic and Leisure Ltd. will review whether to close the pool in future years as part of its business development process. Master plans that provide direction for the future development of both Ripples St Marys and Ripples Penrith have been developed and opportunities to fund future facility improvements are being explored.

 

Council’s 2015-2016 Operational Plan identifies an action to develop a contemporary Recreation and Leisure Strategy for the City which will provide opportunity for community consultation about the type of and potential locations for facilities in the City that support and promote active living. Trends indicate increasing participation in more ‘non-organised’ and informal, less structured recreation and leisure activities which led to the development of the Jamison Park active zone, as well as initiatives such as the installation of a number of outdoor gyms. Council also continues to communicate with developers about opportunities to provide ‘activity zones’ incorporating such items as multi-courts, outdoor health and fitness gyms and the like as part of their developments, such as the soon to be installed facilities as part of the village oval at Jordan Springs by Lend Lease.

 

5.   Penrith to become a motor bike and scooter friendly city and provide more parking for this mode of transport

Comment:

As a means of addressing the issue of parking within and access to the Penrith City Centre, Council has developed a Penrith City Centre Car Parking Strategy that addresses the issues raised on motorbike parking. One of our actions is to investigate and implement opportunities to utilise motor cycle parking facilities in off-street carparks and on-street between kerb side areas. Currently there are 35 off-street motor cycle parking spaces within the Penrith City Centre. They are located at Belmore Street (7 spaces), Union Rd West (8 spaces), Soper Place (6 spaces) and North Railway Commuter (14 spaces).

 

6.   Suggested redevelopment plan of Judge Park to make the ‘Poppy Park’ a permanent fixture

Comment:

Council at its Ordinary Meeting of 27 April resolved for a report to come back to Council investigating potential sites for a permanent Poppy park to acknowledge and commemorate the deeds of our Australian Armed Forces. As part of this request a number of sites including Judges Place are being considered. The report will address financial and volunteer resources required to make a permanent facility a reality.


 

 

7.   Health focus

This submission, from NSW Health, covered the health issues of:

 

·    Advocating for increased service at Kingswood Station, particularly with Penrith Health and Education Precinct

Comment:

Increased service at Kingswood Station is not an advocacy priority for Council at the present time. As the Penrith Health and Education Precinct grows, Council could in future advocate for more transport services, to better serve the University, WSI-TAFE, the hospital and the broader Health and Education Precinct.

 

·    Ensure bike and pedestrian paths are extensive and connect throughout the City

Comment:

With ongoing funding there is a program of connecting and improving pathways across the City. The Footpath program for 2015-16 is outlined in Schedule 1 in the Operational Plan 2015-16.

 

·    Safe pedestrian access Victoria Bridge

Comment:

The NSW Government is building a new pedestrian and cyclist bridge spanning the Nepean River between Penrith and Emu Plains. The new bridge will provide a safe crossing for pedestrians and cyclists over the Nepean River and improve connections to existing and future shared use paths, including the Great River Walk. On-site bridge construction work is expected to start in early 2016.

 

·    Provision of public bike racks and lockers to encourage active transport

Comment:

Bike paths and lockers are installed as the need arises and funding is secured.

 

·    Bus shelters, events, parks/sports grounds and facilities must be smoke-free as well provide healthy eating options/ canteens. The submission suggests the Neighbourhood Facilities Improvement Program needs to include services and areas as smoke-free as well as the provision of healthy eating options.

Comment:

The NSW Smoke-free Environment Act 2000 makes a number of outdoor public places smoke-free as follows:

×     within 4 metres of a pedestrian entrance to or exit from a public building (i.e. community centre or hall),

×     within 10 metres of children’s play equipment in outdoor public places

×     public swimming pools,

×     spectator areas at sports grounds or other recreational areas used for organised sporting events, and

×     public transport stops and platforms.

 

Managing smoke free environments is an ongoing challenge for community facilities as Council does not have any staff based in any of our neighbourhood facilities to monitor whether people abide by the smoke free regulations. In addition the smoke free requirements only apply to functions that are open to the public and not private functions which make up the majority of bookings.

 

NSW Health is responsible for the administration and enforcement of the Smoke-free Environment Act 2000 and inspectors are authorised to enforce bans on smoking under the Act. Council will continue to liaise with staff at health promotion and public health to promote the issue and deal with complaints. Council will also continue to assist sporting clubs to promote smoke free outdoor areas and have provided signs, stickers and stencils to sporting clubs.

 

The Neighbourhood Facilities Improvement Program is an annual funding program for maintenance or improve the operation of a facility. The money is not allocated for community programs or services.

 

It is not Council’s responsibility to monitor the type of food provided at canteens, events or neighbourhood facilities. Council pools use deep frying oil recommended by the Heart Foundation with low saturated fat and are exploring the possibility of introducing more healthy options with the assistance of the Health Promotion Unit. There are sporting clubs which have introduced a healthy canteen program (e.g. Emu Plains AFL) which is encouraged and supported by Council.

 

Council’s Event Policy includes events being smoke free and providing healthy food options. Council NAIDOC celebrations, Australia Day and youth events are smoke free events. A number of events offer healthy food including fresh fruit.

 

·    Consider community gardens

Comment:

Council is currently developing a community gardens policy and guidelines. This will make it easier for interested residents and organisations to understand what is involved in starting a community garden and the assistance available from Council.

 

·    Identifies children, considers men’s sheds, elderly people, Aboriginal people and young people

Comment:

Council encourages social interaction and promotes inclusion with a range of target groups. The Community and Cultural Development Department in particular engages with all target communities mentioned above.

 

·    Consider implementing the Get Healthy @ Work program for staff

Comment:

Council has signed up to NSW Government ‘Get healthy at Work’ and have run our first program for outdoor staff. Twenty-four staff recently participated in a quit smoking information session. In the coming months there are plans to introduce more Get Healthy @ work opportunities for staff.

 

8.   Footpath, park facilities, lighting and community gardens/trees in the St Marys area

 

·    There are no footpaths on Barker Street, Wilson Street, Hall Street. The corner of Hall Street and Barker Street St Marys

 

Comment:

Council is currently constructing footpaths from the adopted Future Footpath Delivery Program. The program concentrates on constructing new paths at identified missing links within the existing footpath network.

 

These missing links were selected through a detailed assessment process that took into account a range of criteria that Council uses to assess priorities for path paving construction. Council receives many requests for footpaths each year, but these have to be balanced against city-wide objectives to provide a connected network of paths for pedestrians.

 

The section of Wilson Street between Pages Road and Barker Street is included in the current Future Footpath Delivery Program. However, the section of Wilson Street between Barker Street and Mamre Road (430m section of footpath), Hall Street (420m section of footpath) and Barker Street (330m section of footpath) will be retained in a database to help inform Council of community demand when the next delivery program is developed.

 

The estimated completion timeframe for the existing Future Footpath Delivery Program is greater than 4 years if current funding levels are maintained. However, we are always looking for grant opportunities and savings in existing budgets to try and accelerate this work.

 

There is currently no footpath at the intersection of Chilaw Avenue and Monfarville Street, St Marys. However Council officers have identified the footpath at the intersection of Margaret Street and Monfarville which does not currently allow for pram access. This location has been identified for pram ramp upgrades in Councils Future Capital Works Program.

 

·    Minimise congestion roundabout at the intersection of Pages Road and Saddington Street, St Marys

Comment:

Council’s Local Traffic Committee has previously considered changes to the existing channelized median treatment at the intersection of Pages Road and Saddington Street, St Marys. A thorough traffic review including detailed analysis of traffic patterns in this precinct determined that the priorities, and existing traffic controls should remain in place. Notwithstanding this Council is currently working on a traffic calming scheme for this portion of the local road network known as the southern St Marys Local Area Traffic Management (LTAM) Precinct, with the goal of reducing traffic volumes in this local street network and moving traffic volumes to the state road network.

 

·    Upgrade the park facilities at Cook Park for children and families – corner of Pages Road and John Street

Comment:

Council has 140 playgrounds in various locations across the City. In an attempt to ensure that these facilities are contemporary and meet community needs, the Parks Asset Renewal Program was established. This program has delivered 30 new playgrounds across the City in the last three years. Playgrounds replaced in the St Marys area include Victoria Park, Bennett Park, Jack Jewry Reserve and Monfarville Street Reserve.

 

Playgrounds are replaced based on their age, condition and level of use. At this stage the playground at Cook Park is not scheduled to be replaced for 5 years. This timeframe may accelerate should additional funding be made available.

 


 

·    Consider community gardens and planting trees to create a sustainable future for the community

Comment:

Council is currently developing a community gardens policy and guidelines. This will make it easier for interested residents and organisations to understand what is involved in starting a community garden and the assistance available from Council.

 

A draft ‘Cooling the City’ strategy is currently under development. This strategy will outline Council’s approach to managing heat within the local government area, with the use of trees and other green infrastructure considered to be one of the key elements of this strategy. In addition work is also underway to gain a much better understanding of our existing street tree assets to inform future plantings and maintenance of street trees within the City. A number of tree planting programs are also undertaken as part of restoration and rehabilitation and landscape improvement projects throughout the City.

 

·    Provision of lighting on the corner of Wilson Street and Pages Road, and Barker Street and Wilson Street

Comment:

The above 2 locations have been listed on Council’s lighting audit program. The next lighting audit by Council is scheduled for the end of July 2015.

 

If it is deemed that additional street lighting is required at these locations, Council will then work with Endeavour Energy regarding getting this infrastructure installed as soon as possible.

 

·    Barker Street road surface (loose rocks) and limited space for parking and pedestrians

Comment:

Council officers have inspected the road pavement on Barker Street and have identified pavement defects requiring maintenance. These works have been added to Council’s prioritised maintenance program and is due for completion in 14 days, weather permitting.

 

In relation to your concerns with limited space for parking and pedestrians on the west side of Barker Street, any development of the land on the west side of Barker Street will see the upgrade of road and footpath infrastructure as a part of Council development requirements.

 

9.   Planning processes

 

This submission related to a number of aspects of the planning process.

·    Rezoning fees for ‘minor’ rezoning (planning proposals) be charged incrementally at the time of certain milestones

Comment:

With regard to rezoning fees, the general intention of the submission is supported in that there are clear steps in the local environmental plan (LEP) amendment process which would provide an opportunity to stage the payment of the relevant fees. In particular, the initial stage of work (and related expenditure) on a LEP amendment involves the preparation, assessment and reporting to Council of a planning proposal prior to its submission to the NSW Department of Planning and Environment (DP&E) seeking a “Gateway Determination”. The second stage commences once a Gateway Determination is received and comprises liaison with public authorities, public exhibition, consideration of submissions, reporting to Council and final submission to DP&E seeking gazettal of a LEP amendment.

 

On this basis, it could be reasonable to stage the payment of rezoning fees as follows:

·    50% of the relevant LEP amendment fee upon submission of an application by the proponent

·    The remaining 50% of the relevant LEP amendment fee plus the relevant advertising fee upon receipt by Council of a Gateway Determination from the DP&E which enables the planning proposal to progress to public exhibition and final processing.

 

It is recommended that Council Officers investigate the feasibility and practicality of this approach across all rezoning applications and develop appropriate policies and procedures prior to any amendment to Council’s Fees & Charges.

 

It is noted that the submission suggests a more fine grained approach to the staging of payment of the rezoning fees. This is not supported as the work required to initially assess a planning proposal and report it to Council will, in nearly all cases, involve a significant proportion of the time and resources involved in the rezoning process.

 

·    Section 149 Certificates to be either available by using a fully online system, or at the very least provided by email

Comment:

We are currently investigating moving to an online system for numerous applications and are working on a program for implementation as soon as possible.

 

·    Respond to peak periods in relation to the Urban Design Review Panel and Pre-Development Application (DA) Meetings with additional meetings and resources

Comment:

At the time that the Urban Design Review Panel was established it was done so on a cost recovery model. The Urban Design Review Panel incorporated the services of an external Urban Designer as well as specialist internal staff. To provide a degree of flexibility in the availability of professional advice the pool of Urban Designers that Council uses is two. The Urban Design Review Panel occurs every 3 weeks throughout the year. To increase the number of Urban Design Review Panel meetings throughout the year would require a review of the fee structure that would apply. The Urban Design Review Panel has been in operation now for approximately six years and it’s timely that a review be undertaken to determine whether or not changes are needed.

 

·    Lengthy time taken between a DA being determined and the applicant receiving the notice

Comment:

Notices of Determination should be completed and distributed to applicants within 7 days of a determination being made for a development application. It is conceded that there are occasions when this timeframe is not met. As part of Council’s procedural review for the DA area it is a key focus for notices of determination to be distributed electronically to applicants. An outcome of this review will be to link the electronic assessment processes so that the production of the notice of determination is more automated and timely.

 

10. Riverbank quality and the need for maintenance and improvements to the Nepean river, its banks and surrounding bushland

The issues identified relating to a long term management plan for maintenance along the River have been addressed via the recent adoption of the Our River Vegetation Management Plan (VMP). This has provided a framework for all vegetation related issues in that area and has the support of the various State Government bodies responsible for administering such areas.

 

The implementation of significant River related projects will always be funding dependent, but all future works will be guided by the VMP and the overarching Our River Masterplan. More details can be found at : https://www.penrithcity.nsw.gov.au/Waste-and-Environment/Environment/Waterways-and-River-Masterplan/.

 

Changes to Delivery Program and Operational Plan: Document Structure

During the exhibition period the draft document was reviewed to ensure the alignment of service delivery and operational activities and priorities. Service Managers also reviewed the list of actions prepared as part of the draft 2015-16 Operational Plan. As a result of the review there are three changes to service activities and actions proposed for inclusion in the final documents.

 

1.   National Growth Areas Alliance

It is proposed to add the follow action to the draft Operational Plan:

 

Outcome 2 - Strategy 2.3

New action

2.3.3a Continue to work with the National Growth Areas Alliance (NGAA) to advocate for infrastructure, services and facilities for the benefit of the City.

 

Comment:

Penrith has, for many years, been an active member of the NGAA. The NGAA is comprised of 24 of the fastest growing outer metropolitan local government areas in Australia. The other NSW members are Blacktown, Liverpool, Campbelltown, Camden and Wollondilly. More than four million Australians live in an outer growth area. While NGAA areas are growing at double the national rate successive Federal Governments have failed to invest in the infrastructure these areas need. We know from NGAA research that the benefits from investment in growth areas will outweigh the costs, create jobs, increase tax revenues and permanently boost GDP. The proposed action recognises Council’s active participation and partnership with the NGAA.

 

At its 2014 National Congress the NGAA membership agreed that while NGAA had been very successful in gathering the evidence in support of its advocacy, a big step change was required to see that advocacy succeed. To that end, a campaign has been developed. The campaign will run over a two year period and the cost is $34 000 per year. The campaign will be directed at securing a Federal Government commitment to the establishment of an infrastructure fund specific to the outer metropolitan high growth areas. The campaign will also provide the resources and strategies for similar advocacy to the State Government. The top infrastructure priorities are public transport, road networks and healthcare facilities.

 


 

Penrith has benefitted greatly from its active involvement in the NGAA. Examples include the $14m funding for the UWS corporate building under the Suburban Jobs Program, funding under the Liveable Cities program and access to research and other resources or skills to assist in our advocacy (nine projects were secured in the recent State election). This Council has an expressed commitment to advocating for the infrastructure that is needed to address the backlog created by years of growth and to ensure that future growth is also better serviced. The campaign would support this commitment.

 

A report will be presented to Council shortly in relation to the NGAA proposal and the case for Penrith’s participation. Should the NGAA proposal be approved by Council the progress of this campaign will be reported under this action.

 

2.   Economic Initiatives (Penrith Progression project)

It is proposed to add the following service activities and actions as amendments to the Delivery Program and Operational Plan as they relate to the Penrith Progression project:

 

Outcome 1 – Strategy 1.1

New service activity

1.1.4 Drive delivery of the Penrith Progression Action Plan

 

New service activity

1.1.5 Work with partners to create a more sustainable economy for Penrith and the region

New action

1.1.5a Finalise the Economic Development Strategy

 

Comment:

An important initiative of Council is the role of the new position of an Economic Initiatives Manager who will drive the implementation of the Penrith Progression Action Plan and broader economic initiatives for the City. The proposed amendments reflect the importance of this project in the Operational Plan.

 

3.   Airport advocacy

It is proposed to add the follow action to the draft Operational Plan:

 

Outcome 1 – Strategy 1.2

New action

1.2.1a Undertake identified planning and advocacy actions to ensure that the outcomes achieved through the development of the Western Sydney Airport and the provision of the necessary supporting regional infrastructure provides the maximum benefits for the community and City.

 

Comment:

Council has recently resolved a position on the proposed Western Sydney Airport at Badgerys Creek. As part of its resolution, Council has set out a wide range of advocacy and other actions to ensure that the outcomes achieved through the airport’s development and the provision of the necessary supporting infrastructure provides the maximum benefits for, and minimises any negative impacts on, the Penrith community. This is a significant project for the City and on this basis, it is important for this work to be recognised in Council’s Operational Plan.

 


 

Councillor Workshop

A Councillor Workshop was held on 23 May with a focus on the draft 2015-16 Operational Plan. A number of items arising have resulted in amendments and/or budget adjustments to the draft Operational Plan. The proposed changes are summarised below:

 

Item

Budget adjustment

Proposed amendment to draft Plan

Service

1.   Synthetic field

How a synthetic field can be funded and how its use will be costed

Yes

$40,000

Amend wording of current action:

6.1.6a Confirm the location, cost and management of a synthetic sports ground surface and associated infrastructure for grant application and project readiness

FSM Comment: This budget will be established in line with this proposal as part of the budget review process.

Recreation & Leisure Facilities Management

2.   Councillor community forums

Potential system and guidelines for ‘community’ council meetings

 

No

New action:

7.1.2a Review the system and guidelines for community access to Council

Corporate Governance

3.   Land capacity and Masterplan options for a picnic area at the east end of Russell Street

No

(Note: If the investigation determines that Masterplan development is feasible then funding of $50,000 will be required)

New action:

4.1.10a Investigate land capability, including flood restrictions and current usage, for a picnic area at the east end of Russell Street

Design & Project Management

4.   Status of Dunheved Link Road

No

Amend wording of current action:

4.2.6a Continue the work of the Steering Committee, comprising representatives from Lend Lease and council officers, to complete the studies required to allow lodgement of the development application for construction of the Dunheved Link Road and to commence construction.

Property Development & Management

5.   Feasibility study for a location for a hotel site

Yes

$30,000

New action:

1.1.4a Undertake a feasibility study to test the business case for a hotel

FSM Comment: Funding for this project will be allocated from the Property Development Reserve in the 2015-16 Operational Plan as part of the budget review process.

Economic Initiatives

6.   Investigation into the provision of skate parks at South St Marys and Cambridge Park

Yes

$150,000

Amend current action:

6.1.6e Develop a contemporary Recreational and Leisure Strategy for the City, incorporating investigation of the provision of skate parks at South St Marys and Cambridge Park

FSM Comment: Funding for this Strategy has been previously identified and can be funded by the recent purchase of the western edge of Gipp Street by the RMS for the Werrington Arterial.  This project will provide a comprehensive review of Council’s Leisure and Recreation Strategy and will be included in the 2015-16 Operational Plan as part of the budget review process.

Recreation & Leisure Facilities Management

7.   Parking options for the City

No

Amend wording of current actions:

3.2.8a Investigate and adopt a position on a paid parking scheme for the Penrith City Centre including consideration of timeline implications

3.2.8b Confirm a location and funding options of additional decked parking in the City Centre

Traffic Management, Parking & Road Safety

 

Changes to Operational Plan: Budget Adjustments

The financial estimates included in the exhibited revised Delivery Program 2013-17 (incorporating the Operational Plan 2015-16) were based on the best information that was available at the time.  During the Exhibition period, further budget adjustments have been required as a result of Council decisions and additional information that has emerged.

 


 

The exhibited draft Delivery Program 2013-17 (incorporating the Operational Plan 2015-16) presented a predicted surplus of $123,883. During the Exhibition period a small number of adjustments have been made and a balanced budget will be achieved should Council choose to adopt all the proposed recommendations contained within this report.

 

At the Ordinary Meeting on 25 May 2015, Council adopted the March 2015 Quarterly Review which included revotes totalling $1.5m for capital works and $855,176 for operational works.  The revised Delivery Program 2013-17 (incorporating the Operational Plan 2015-16) now incorporates these revotes.

 

The 2015-16 budget will also be adjusted to reflect the outcomes of any Council resolutions that may be made tonight.

 

Provided in Attachment 1 is a complete list of all budget changes that have occurred during the exhibition period.  The more significant changes to the budget not previously reported to Council are detailed below with their impact on the budget surplus, with the impacts – favourable (F), unfavourable (U), allocation (A) – indicated where applicable.

·       Depot Waste Costs – ($170,000 F)

The current contract for street sweeper and depot waste disposal has resulted in significant savings compared to the previous supplier; in particular the waste disposal charge under the current contract is calculated per bin, not by weight. This allows Council to fill the bin to its maximum allowable capacity and pay a fixed cost for the transport and disposal. The budget has been reduced to reflect these savings.

·       Cemetery Operations – ($161,281 F)

Increased fees on burial plots and the non-resident surcharge have been proposed to bring Council’s fees more in line with other cemeteries. The additional income has allowed the cemetery reserve to fund additional costs which were previously funded from General Revenue.

·       Food Shop Inspection Income – ($75,000 F)

Over the reporting period the Environmental Health Department needed to prioritise the inspection regime for the service due to capacity and resourcing issues. The focus for 2014– 15 has been on completing the food premises program given our partnership agreement with the NSW Food Authority which has seen an increase in income received. It is expected that the fees from all inspections will increase generally throughout the service, and this is particularly reflected in the expected increase in Food Shop income for 2015–16.

·       Postage – ($92,142 U)

Australia Post have requested a postage increase which is currently being considered by the Australian Competition and Consumer Commission (ACCC). This was estimated to be around 48% of our business clean mail postage costs and these budgets have been increased for this to take affect from 1 July. There may be savings returned to surplus during the June Quarterly Review process, if the ACCC approval process takes longer than Australia Post anticipated.


 

 

·       Swimming Pool Compliance Program – ($50,747 U)

The Office of Local Government (OLG) has delayed the timing of legislation requiring owners to obtain swimming pool compliance certificates for premises sold or leased. This is now proposed to commence on 29 April 2016.  However, as this is an important program providing a level of safety to the community Council staff are currently actively working with the community, conveyancers and real estate agents to ensure premises with pools that are sold or leased are complying with the legislation.

·       Transfer to Reserve – ($348,157 A)

A balanced draft 2015-16 budget is presented tonight.  Within this balanced budget it is proposed to retain an amount of $348,157 in Council’s internal reserves to provide for any significant movements that may arise in the current assumptions.  This strategy provides capacity to respond to variations that may occur in assumptions and estimates within the 2015-16 budget, address emerging priorities in future quarterly reviews, and make provision for future year projects.

·       ICT Strategy Implementation – no effect

As part of the ICT strategy implementation and information technology upgrades Council is proposing to upgrade its ICT capacity, infrastructure and disaster recovery facilities with an amount of $500,000 allocated from Reserve. Council has recently tendered for this project and proposals are currently being assessed.

·       Penrith Progression – no effect

Penrith Progression has identified the City’s economic endowments which can be exploited to grow the local economy. The extent to which we succeed will be influenced by the size of the step change that we make in all aspects of our operations and our behaviours that bear upon the city centre.

 

The first step is to establish a team, with the right attitudes, approaches and knowledge, to successfully drive delivery of the Action Plan and attract broader interest in our city centre. It is proposed to establish the team by initially recruiting a Manager, and then identifying the other skills, knowledge and resources needed. The Manager’s position is proposed as a three-year temporary appointment. Funding for the first year is available from the remaining funds from the Penrith Progression stage 3 (collaboration and engagement) budget.